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Another question for you is how much alcohol have you consumed today? >> How much alcohol? Nothing. >> Nothing at all. >> No. >> So, you haven't consumed any alcohol? >> No, I'm trying to I'm just trying to get gas. >> All right. I have a portable breath test. Will you show me on a portable breath test? You haven't consumed alcohol. >> A portable breath test? >> Yeah. >> But there's no reason for this. >> On a scale of one being sober and 10 being hammer drunk, where do you think you're at right now? >> Two. >> Two. Don't. >> Wait. Why? Why? Why? Why? >> Stop resisting. Stop resisting. Give us your hands. >> A routine traffic stop for a speeding truck took a dangerous turn when the driver decided he was done complying. Just as the field sobriety tests came to an end, the man had other plans. In a split second, a standard investigation exploded into chaos, forcing deputies to react instantly before the situation turned deadly. Hello, >> sir. >> How are you today? >> I'm good. >> Good. Him. Deputy Walker room at the Bernalo County Sheriff's Office. >> I stopped you cuz you sped past me and then you were failing to maintain your lane. >> I was trying to get over here to a gas station. Oh, >> okay. Do you have your driver's license on you? >> Yes, I do. >> How's the night for you? >> Good, dude. >> I mean, you got fired from my job today. Oh man, >> kind of shitty, but it is. >> Sorry to hear that. >> My uh I don't want you guys to get scared. I got I got my uh my documents up here. >> What documents? >> Uh insurance and all that. >> Okay. Why would I get scared? >> Well, cuz I'm Richard or something. >> Okay. >> You know, they're supposed to be up here. >> Well, let me ask you. Why are you driving so fast today? >> What do you mean drive so fast? Well, I I didn't clock your speed, but you did pass me when I was going about 45. >> Um, actually, so on my speedometer. >> Uhhuh. >> So, we've been having uh troubles. So, my dad actually tells me, this is my dad's truck, Anderas. >> That's his place back there. He tells me when I get to this point right here. >> Yeah. But close to that point, I need to hit the gas station because um it says I had 60 miles, but there's been times I had 60 miles and I ran out of gas. >> Oh, all right. Armono, let me ask you a different question. Well, why are you failing to maintain your lane? Let me ask you that question. >> Failing to maintain my lane. >> Yeah. So, when you when you drive, you're required to stay within your your lanes. >> Yeah. You were failing to maintain your lane by actually crossing the right hand fog line to the point where I started my dash camera to record your vehicle. Why? Why are you doing that? >> I I I'm not sure. I was trying to get over. I saw the gas station at the last minute. >> Yeah. >> So, I thought I'd get over. You're >> like, "Oh, that's the one." Huh? >> Yeah, that's the one. I I know that um but that Dion's right there. >> Yeah. >> I know there's a gas station here and I uh you know, I saw I was getting close. >> I get over. >> All right. I am if I did that. >> Nothing personal, you know. So, you know, >> I just figured I'd ask you and another question for you is how much alcohol have you consumed today? >> How much alcohol? Nothing. >> Nothing at all. >> No. >> Why do I smell alcohol coming from your breath when when you speak? I've asked you quite a few questions and I have >> no idea. I'm just trying to get gas right now, honestly. >> Okay. So, >> but how much alcohol have you consumed? just in the past couple hours. >> I'm not going to ask you any more questions. >> Okay. Well, do me a favor. Turn this way just so I can see your eyes. Lean toward me. Lean. Just lean this way. I know it's uncomfortable. Um, you see the tip of my finger right here? Just follow with your eyes. Don't move your head. >> Okay. >> And turn your head a little more. There you go. Right. >> Yeah. Go. Okay, do me a favor. Hop on now. You're not under arrest. Just want to talk to you outside of the truck. 107185. Could you sir? >> Just trying to put gas. >> What's up? >> What's going on? >> So So here's the thing. So I I stopped you for for a traffic offense, right? >> Yeah. Um, and then as I come up here to speak to you, I I'm detecting an odor of an alcoholic beverage emitting from your facial region. >> And you have bloodshot, watery eyes. Okay. >> No, I I'm I've been working all night last night. I work for mattress room. >> I'm mattress room. >> Mattress room? >> Yes. I've been working all night. I work all the time. >> So, you haven't consumed any alcohol? >> No, I'm trying. I'm just trying to get gas. >> All right. I have a portable breath test. Will you show me in a portable breath test? You haven't consumed alcohol? a portable breath test. >> Yeah, >> but there's no reason for this. >> Okay, hop on out. Like I said, you're not under arrest. Just going to talk to you outside of my vehicle. >> My vehicle? >> No, I I'm going to contact my lawyer. >> Okay, you could do that after I place you in handcuffs if that's what you want to do. >> No, no, no. What? But I'm not doing nothing. Don't. >> Okay. This is my job. I'm I'm lawfully investigating um this traffic stop. Okay. >> Okay. But I just I just kind of pull over to put a gas. That's all I was trying to do. >> Okay. >> Jeez. >> And you're not wanting to answer questions or comply with my investigation? >> No. Just because I don't understand what's going on. Okay. >> I just came to put your your keys, your wallet, and your phone down and hop on out. We'll have a conversation outside of the vehicle. >> Okay. >> No, but I don't want to be under arrest. >> Okay. I'm not placing you under arrest, but if you're not going to comply with me, then you're obstructing with my investigation. >> Okay. Why? Why are you trying to investigate? >> Hop on out and let's talk outside of the vehicle. >> I'm giving you a lawful order to exit your vehicle. >> Okay. >> Put your phone, your wallet, and your keys down. >> No. No. No. Wait. >> Put your wallet. >> Wait. Wait. What? What's going on? Please. >> I do not want you holding anything in your hands while I investigate what I'm investigating. >> Okay. >> Do you understand that? >> Okay. >> Okay. That's my reasoning. >> Okay. >> I don't need you to have any objects in your hand that you can hit me with. >> I'm not going to hit you with nothing. >> I don't know you. >> Okay. >> Have I met you before? >> No. We're in Albuquerque, New Mexico. >> Yes. >> Okay. I'm watching myself. >> Put your keys down. >> All right. >> I'm cool, dude. I'm super cool. >> Just please. I just don't get >> Hop on out. Put your keys down. >> Okay. Hop out. Face away from you. I'm going to check you for weapons. Step out. I'm not placing handcuffs on you. Turn around. I'm just checking you for weapons. Do you have weapons on you? >> Okay. Okay. Come on over here to my gift. We'll just chat. >> Okay, >> Armando. Right, >> Armando? Start over. Okay. Honesty goes a long way. When people lie to me, I don't appreciate them. When people lie to me, When people lie to me, it makes my job more difficult and it makes the process extended for no reason. How much alcohol have you consumed? Even if it was a beer, I know what I'm smelling. >> It was just a beer. >> How much beer? Start over, dude. >> No, it's just it's just one or two feet. I I just came out to put gas in my car cuz I need to go to I need to go to a interview tomorrow. I just >> Okay. >> I just understand that comply. >> Okay. I'm sorry. I just >> Okay. Have I yelled at you? No. >> Have I, you know, lost my temper or anything? No. I've been cold, dude. All right. So, you've consumed one to two beers. What kind of beers were there? >> Modella. >> Modela. It's 11:30. What time do you think you consumed the your last Model? >> About 10 10:30. >> Okay. So, about an hour to an hour and a half ago. Is that fair? >> Yes. >> Okay. >> I live on Southern uh Southern in um 528. >> Okay. >> I live near there. I just I just came to put some gas. I went to go see my friend. I got fired today. I just told him, "Hey, I'll be right I'll be right there." >> Okay. >> To uh to come talk about what was going on and that was kind of that was kind of it. And um you know, I I I'm I'm fine. Jesus. >> Okay. Um on a scale of one being sober and 10 being hammer drunk, where do you think you're at right now? >> Two. >> Two. Okay. Um, [clears throat] so naturally I would want to do standardized field sobriety testing just to make sure that you're okay to continue driving. >> Would you be willing to do those tests today? >> Willing to do those tests? >> What's that? >> Willing to do those tests? Yeah. >> So, I'd look at your eyes and then I'd have you doing uh a walking test. You may have seen it on cops or YouTube or something like that. And then a balancing test. It would be it would consist of three different tests. Well, no. I I've always been told by my lawyer not to do those. >> Not to do those. Okay. And um so you've you've admitted to consuming alcohol. You don't want to do standardized field sobriety testing, right? >> No, but I I'll do it if it's going to let me go. I mean, I >> Well, so I'll tell you this. This is what I can tell you cuz I can't promise I would let you go. I can't promise you I'd place you under arrest. But what I can tell you is by you doing those tests, it would help me make the best decision on whether I should place you under arrest or if I should let you go. There's a lot of times I let people go after standardized field sobriety testing. There's also a lot of times where I arrest somebody after field sobriety test. >> Let's do it. >> Okay. >> All right. >> Um let me turn off my lights cuz I don't want them affecting your um any eye movement or anything like that. >> I'm going to go >> Well, I tried to stop you over there, dude. You came all the way over here. >> Come stand right here in the in the light. >> I'm going uphill. >> Well, I'm going to have you stand right here where it's flat. >> Okay. I'm just saying >> and then stand right here. >> All right. >> Face my vehicle. >> Face vehicle. >> Um, remove your hat. >> Take your hat off. You could put it up there or wherever. Um, Armando, have you are you under a physician's care for anything physical with your body that would cause you to trip, fall, or lose your balance? >> No, sir. >> Okay. Uh, any recent concussions or traumatic brain injuries? >> No, sir. >> Any inner ear issues? >> Are you diabet? No. >> No. No sir. >> No. Are you diabetic? >> Okay. Do me a favor. Stand for this first test. Stand with your feet together just like this. >> Right here. >> Yep. >> Okay. >> All the way together. Stand with your hands to your sides and stay in that position till I instruct you to do otherwise. Do you understand that? >> Yes, sir. >> Okay. Pull your hair out of your face >> just so I can see your eyes real good. >> There we go. Um, you see the tip of my finger? >> Yes, sir. >> Follow it with your eyes and your eyes only. Don't move your head or your body. Do you understand that test? >> Yes, sir. >> Okay. And tell me one more time how much alcohol have you consumed? How how much alcohol have be consumed? I told you, right? >> Okay. Forgot. I forgot what you told me. >> I don't get sent people searching my vehicle. >> Nobody's not searching. Okay. Okay. Here we go. Ready? >> Okay. Armando, um, be honest with me. You said you said you had how much to drink. >> Be honest with me. Honesty goes a long way. >> You know what? It's Thanks. I'm just trying to move back home. >> Yeah, I understand. Face away from me. Place your hands behind your back. >> Wait, no, no, wait, wait, wait. You're being You're getting placed under arrest for No. No. No. Why? Why? Don't do that. Put your hands behind your >> back. Put your hands behind your back. Why? >> Why? Why? Why? Why? >> Stop resisting. >> Stop resisting. Stop resisting. Give us your hands. >> Why? >> Give us your hands. >> No. Why? >> Stop resisting. Please. Please tell me why. Please tell me why. Please. Please. Please tell me why. Please. Please tell me why. Please, please tell me why. Please tell me. Please tell me why. Please >> get your hands behind your back. Put your hand behind your back. Wait. Please put your hand behind your back. >> No. No. Please tell me why though. Please. Please tell me why. Please. Please. Please tell me why. >> Please tell me why. Please. No. Please. Please tell me why though. Please tell me why. Taser. Taser. Taser. Okay. Okay. Okay. Okay. Okay. >> Out of the vehicle. Out of the vehicle. >> Get out of the vehicle. >> Out of the vehicle. >> Get out of the vehicle. >> Out of the vehicle. >> Out of the vehicle. Okay. >> Get down. >> 25. Give us 10 three. >> No. No. No. >> Give us 10 32. >> Get it again. >> Okay. Okay. Okay. Okay. >> Hands behind your back. Okay. >> Hands behind your back. Okay. >> I'm going to taser again. Put your hand behind your back. >> Okay. >> Please tell me why though. Why though? >> You're under arrest for taser deployed. >> No. But I didn't do anything. No. Please. Please. Please. Please. Please. Please. I'm Please please please wait. Please. >> Wait. Wait. Please, please, please, please. Can I talk to you? Please get up, dude. >> Okay, okay. Please. Can I talk to you? >> Now you're in more trouble. >> No. No. Can I talk to you? >> Get over here. >> No. Can I talk to you? Please, please, please, please, please, please, please, please, please, please, please, please, >> we can change the air. >> We have one in custody. >> Okay. Please. Can I talk to you? Please. >> Yeah. 3 feet. >> Spread your feet. >> Okay. Okay. >> Spread your feet, dude. >> Please. Can I touch please? Please. Please talk to you. Please, >> if you keep fighting, I'm going to put your face on the pavement. Stop resisting. >> Please let me talk to my dad. >> Let me call my dad, please. >> Are you good? >> Yeah. >> Please. Please. Please. Please. >> Stop moving. Put your hand on. Put your hand on the hook. Put your face stop moving your foot or I'm going to put you on your fast. Please. Please. Please, please, please. I'm asking. >> Please. >> No. Shut your mouth. >> No. No. No. Okay. Okay. Okay. Okay. Your feet. >> Okay. >> Oh, nothing. >> Let me double walk these. >> Now you're in a lot more trouble, dude. >> Are you good? >> Yeah. Are you? Yeah, I'm good. Please don't scare me please. >> I'm sorry. I'm sorry. >> I'm sorry. >> We just double lock. >> I'm sorry. Please. I'm sorry. Please. >> Stop. >> Stop putting your weight back towards us. >> No. No. >> Keep your feet. Did you >> just get the door? Yep. Can I call Can I call my dad? Please. Please. Please. Can I call my dad? Please. Can I call my dad? >> No. Get your feet in the vehicle. >> Yeah. Please call my dad. Please. >> No. Get your feet in the vehicle. >> Please. Please. Please. >> Get your feet in the vehicle. >> Let me call my dad. Please. Please. >> Let me call my dad. >> No. No. >> The door. It like smashed against your hand or something. Huh? You're >> good. I You're good, right? Yeah, I'm good. >> Hit him with like he wouldn't cop. I kept hitting with the darts, dude. >> Dude. Yeah, cuz you they were in the same spot. I saw two go pump. >> Yeah, >> but he was going to try and >> I know. I'm sorry. >> I just didn't want you to get hurt right here. >> Yeah, I know. That's what I was going to go hit and then that's when he went back in. I hit him with the >> Oh, dude. Yeah, that was perfect. >> That's why I was waiting for you, Mike. I was waiting for you cuz you had him like as soon as he told me I hit him. >> Yeah. Thanks for your help, dude. Holy cow. >> I want to get out of the car or what? >> No. Well, he had him right here. He He had him right here. He turned around. He goes, "No, no, no. >> He's fighting with us in the car and we're we're grabbing him. I'm about to do a reverse sit out." He goes, "All right, cool." So, I grab him and we start pushing it backwards. He jump He jumps in the car. He's going to go. So, I [ __ ] hit him with the taser >> and then he drag him out and we hand when he's closing my hand. The hand the door is in my hand. >> You got the door broken. >> No, I just I'm good. >> Smash. Good. >> Yeah. So, he initially he didn't want to get out of the vehicle. I talked him talked him down, got him out. He did fields after fields went to put him in cuffs and right away he didn't want to go in cuffs. We went from here trying to get his arm behind his back to here and had one of his arms got one cuff on it and then he pulled away with that cuff, opened his door and was using his arms to really pull himself in the vehicle. So as soon as he made way for the vehicle, I stepped back and Roger hit him a couple times with the taser and I got NMI and we pulled him out. Listen to me. I'm about to tell you something important. You're under arrest for driving under the influence of an intoxicating liquor or drug. The New Mexico Applied Consent Act requires you to submit to a breath test to determine the alcohol content of your blood. After you take our test, you have the right to choose an additional independent test. If you choose to take this additional independent test, you have the right to a reasonable opportunity to arrange for a physician, a licensed nurse or laboratory technician or technologist who is employed by a hospital or physician of your own choice to perform an additional chemical test. Cost of this additional test will be paid by the law enforcement agency. Do you agree to take our test? >> I agree to take a laboratory test. >> Okay, that's uh so if you do our breath test, then we'll grant you the opportunity to take an additional test. But the key word here is if you choose to take this additional test, uh, so you have to do our test. It says after you take our test, you have the right to choose an additional independent test. So after you take our test, I'll grant you the opportunity. Okay. Are you willing to take my test first? >> Yeah, sure. I'm I'm I'm willing to take that test. >> Okay. >> We'll do that and then I'll I'll allow you opportunity for the other one. >> All right. >> Okay. First, I have medical on their way >> just to check you out. Um, tasing hurts when you get hit by it. Um, I've been tased. Every single one of us have been tased. >> Dude, it's simple. >> I'm just I'm just so scared. I'm so I'm just so scared, man. >> Well, dude, regardless of what happened, I'm going to take care of you, okay? No hard feelings. Taking care of you, right? >> Okay. I know. I know. Still my job. >> I I really appreciate I I know. I appreciate you guys. My My dad's a veteran. He he he served the lady and he told me always not to do it and I I just did the opposite and this is his truck. This is his truck and I'm so I'm so sorry that I did that. I know I'm I'm not I'm not a criminal, man. I'm just talking to I'm not a criminal. >> Okay. Tell you what, owning up to it is a huge cell and I appreciate you doing that. Okay. >> I'm so sorry. >> Let me get you some medical help. >> Okay. We still have to go through the process like >> I know I understand that you got to do your job. I'm so sorry for doing that. >> But first things first, medical. Okay. As soon as they clear you and everything, I'll take care of you. Okay. >> I'm so sorry I did that to you, man. It's all right. No, I >> I didn't get hurt. Um his wrist is injured cuz you hit it on the door or something. >> I'm so sorry, man. I'm I'm really so sorry. >> I appreciate that. >> It's not It's not me. I'm not me. I I Bro, I've been a I'm an athlete. I've been athlete all my life. >> Well, listen to me. Alcohol makes people do things that they normally wouldn't do. >> Okay, that's the importance of >> I just got fired from my my job and I think it's that's what affected me. >> I'm so sorry. >> Well, hang in there. I'll get you some water as soon as we're done um with all this as well. Let these guys check you out real good real good. Um and then we'll go to my station real quick and get our paperwork done. I'll get you some water. >> I'm so sorry. >> That's all right. That's all right. I appreciate the fact you apologizing. It means a lot. Trust me. Cuz most people don't do that. >> Okay. Just be cool from here on out. Okay. >> All right. >> Yeah. Oh, yeah. >> He's been He's very apologetic. So, >> yeah. I know. >> After the taser ended the struggle, the driver was medically cleared and transported for testing. His breath samples registered a blood alcohol content of.15, nearly double the legal limit. and officers located an open bottle of liquor in his center console. He was booked into jail on charges of driving while intoxicated, battery on a peace officer, resisting or obstructing, speeding, and possession of an open container.
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