today we take a look at some tragic cases of corrupt cops feel free to share your thoughts on each case in the comments on December 31st 2022 the Jackson Police Department responded to complaints from a hotel about a male subject harassing people in the parking lot officer Kenya mccardy arrived first locating the subject 41-year-old Keith Muriel body camera footage captured the encounter with officer Avery Willis joining shortly after did he ask you to leave did he ask you to leave he did he did can you understand me okay one second hey hey love that him is this him okay can you understand me that that's fine love can you understand me okay so hey I knew you was coming leave I'm not going to ask again I catch you back up here we going to have a problem let's go we going look at us I don't care I don't care about the looking I don't care about the looking let's go okay and then when one of them shoot you don't say nothing hey we didn't tell you to stop walking let's go boss asking you nicely man what's wrong are you okay are you scared do you stay here he's asking you to leave he's security of the property if you don't leave you're going to be arrested for trespassing either or it's up to you but I'm not going to keep repeating myself and I keep asking you to leave go okay hold the reason why I'm asking is everything okay because I keep asking and I don't do that we don't repeat ourselves I'm ask you looking got a little on your face I'm not all try to ask okay because do that but if not to leave request is there a problem officer mccardy approached Mr Muriel aggressively mocking and threatening him without provocation despite Mr Muriel initially walking away peacefully officer mccardy escalated the situation by brandishing her taser when he returned to the hotel entrance officer Willis also unnecessarily pushed Mr Muriel away you don't got hey say boss wrong move wrong move let's go let's go I said go I said go what the hell is wrong with you walking up no baby no it's New Year's don't don't do that New Year's hey no no you go get off my parking lot I want you in the street let's go they a have to ask you that many times B I'm telling you man let's go nobody do nothing man walk I'm telling you one more time your ass manise come on keep it going let's go in the street keep it going keep it going wherever you got to go go I got time going to go to jail for public drunk I'm telling you that's what's going to happen okay sir first and last warning get off the light first and last warning get off my light let's go like stupid no he he to get my life Waffle House let's go I want you out my grass hey they been doing that they call me and not just came my off bro while we was out there I'm talking about them Ain no fireworks I I just in Waffle House parking lot and he going to be Clem's problem he going to be Clem's problem yeah is she out there I see in the car don't come back boss officer mccardy repeatedly pointed and activated her taser at Mr Muriel without cause also threatening him with arrest for public intoxication despite lacking evidence this violated police standards and the guidelines outlined by the American civil liberties Union Mr Muriel who posed no threat remained non-confrontational after he left the hotel property officers returned to their patrol vehicles and conversed with a witness now on the L right now did I put myself out uh oh I don't know if you did but yeah [Music] got oh my God he's in front of this he trying me I'm what doing I'm trying so so hard you walk up on me two what I'm saying like what is your problem you you at like we telling you something wrong you s up here like a ass staring at people you you don't scared the H you don't scared the hell out that lady that lady didn't want to get out the car with her kids another one to pull off left oh um I'm I'm I'm it's just it's too early it's not even 8 o' yet Willis we one one more time one more time his on I'm sorry I I can't be disrespected like that that many times and he just standing there yes that's not the way to well we we're we're handling police duty and we can't move our vehicles ma'am so you're going to have to wait baby yes you got to sit there and wait unless you want to get on these patrol cars no you good love you good you safe you good than yes ma'am that that that ain't a smart thing to do talk talk off to the cops I'm telling you I'm in a move everybody can go disorderly conduct noise off y'all y'all better get it y'all better get on them laws they better get on them laws but look okay I think he gone he going to come back he go come back right put handcuffs on it don't even have to warn hey give us car back officer mcc's ego and hostility seemed fueled by a perceived lack of respect from Mr Muriel during their initial confrontation which is unacceptable as both offic officers prepared to leave Mr Muriel returned and was tackled to the ground backup including Officer James land arrived officer mccardy once again deployed her taser using it on Mr Muriel almost 30 times while he was pinned down Mr Muriel screamed for help as all three officers essentially tortured him go ahead three 1023 give me your left arm give me your left arm stay now left arm stop resisting wa but give me your right hand that's the man all right relax your right arm all right get your Pat use your Pat PR his arm he Ain going nowhere extend [Applause] it you want to grab the C that makes it easier thank you grab them bit no stay stay on the ground when y'all bring y PCS closer after almost 5 minutes of Relentless tasing the officers finally handcuffed Mr Muriel this highlights officer mcc's excessive force tasers deliver enough voltage to disrupt the nervous system and cause intense pain with just one shock with Mr Muriel enduring around 30 shocks the risk of fatal injuries is concerning nonetheless the officers attempted to secure him in the back of a patrol vehicle all right we're about to take pick you up and put you in the back of this car do you understand get up up all right stand up stand up come on all right take get him against the car at least get him hey you know what y'all take I on on the you want to get up no let him on the ground let in the footage officers tried to place Mr Muriel in a patrol vehicle but he fell to the ground while attempting to walk having been repeatedly electrocuted he was likely paralyzed or severely impaired however officers misinterpreted his inability to comply as resistance which was untrue no on this on the back pockets motherfu turn over n right there all right something in that pocket you want to keep trying to kick me okay now let We Get You Get Up Get on Up in there all right you got him I know he's got my pants yep get your over here all right amard you come inside grab him I'll drag his ass in there all right switch hey hey kick me kick me again kick me again get your up get up wait did he get out the c h three officers despite using excessive force by tasing Mr Muriel 30 times struggled for over 10 minutes to handcuff him and secure him in the back of a patrol vehicle their incompetence and poor handling of the situation were evident as they even resorted to cuffing his legs together but still failed in their attempts hold him still real quick I'm going to fix that leg situation right now hey now fix it I'm going to fix that leg right now extend it St get in watch your go get in here grab his you have to grab him by the arm grab him right here by under his arm take my [ __ ] here all he doing is kicking sir will grab this other arm up here you get that on all right I ain't playing this kicking game I got you man I got you go ahead put steady kicking sir stop kicking I a playing that kick game no more hey pick upbody come on guys all you want to kick get in there yeah push against me come on put stuff on him come on come on almost there all right close the door all right I got his leg close the door although officer mccardy had already intensely gassed Mr Muriel he shockingly gassed him again while he was completely immobilized with his hands and legs handcuffed this action ranks among the most Outrageous Acts committed by law enforcement officers even after this excessive force the officer still took a considerable amount of time to close the door on Mr Muriel I want three move L move right uhuh not going come on fold your legs your legs sir fold your legs come on Sir F your legs for [Applause] me sir some oh my God come on get your legs [Applause] in pull back okay I got the door pull him back I need to get we can work with him up there let's work about Willis go over there let's go hit his head if we close together [Applause] I should have worn a short sleeve shirt all good maybe a little bit yes please Mr Mr uh ke we got something in the car bab Mr key can you please move your head sir to twist them try to TWI no twist them sideways and try to got turn we got twist some sideways Bend his head against this damn thing whatever happened after that that's on him he so so big and not want to comply he not he been complying since we been out here we we at least eight times to leave he came back while we were still here man oh I wish I had a bean bag shell I can't risk open another door cuz we open the door we had to fight get we had to put him in my SUV we should put him in SUV that's on him Keys mine okay we F to at this point Mr Muriel was Shackled In the back of a patrol vehicle unresponsive due to the excessive force used against him despite clear signs of potential Medical complic ations from being repeatedly tased the officers neglected to call for Medics to assess his condition they left the scene and joked about the situation even with the arriving Sergeant spending considerable time chatting instead of concluding their investigation or seeking medical help for Mr Muriel I nooice go look at [Music] tell me tell me you going take you get and you go get them by yourself we'll take all the handcuffs off and you put the handcuffs on he off realistically he is off on right now cuz the way he look at you you can tell like he he look at you like this and you'll be talking he just looking so we walked them all the way over there to Whopper House in the parking lot Sergeant we came back over here goingn to get ready to go 108 he walks back over security said he done told him at least eight times to stop harassing the people that was parked over here he coming back and forth now we do not come back over he got an inate warant um inate pick up on it so a go so um trespassing resist and arrest on the officer my d uhhuh godamn computers yeah this be a perfect time yeah the kids were scared to come outside and everything and they came offic you and he didn't and he didn't we he was not giv a single Drive Stone once both once cuffs were on both wrists yeah he got three cuffs on right now he got three on because he he we we couldn't get arms like he would extend his arm but it would be locked out the wrong way so if we would have forced it it would have broke his elbow out of place probably charge you know old people they don't say trying to blame somebody else a saying nothing about it you going do that right Bes yra his what's going on S how you doing B look you told us stick together it this what you told us stick together it ain't that it's just the fact that they no other option we I mean what they think I was called for ex they heard I still I you asleep still on car to car you s 96 you copy I'm like BR I was trying to figure out why my radio was so [Applause] quiet really why you he he contact see yeah you definitely I'm I ain't never got enough [ __ ] to contact never no you going to get one today if you still on car to car let me find out new year at 12:00 trying to do somethings like cont 496 uh uh Serge to read time is now yeah 2023 this how you starting off the New Year this how you starting off the new [Music] year this off the land yes sir I was trying I was trying to call you see if you were still at that store but whenever answer just drove over there anyways like I got what I handle from you all right all have a good night when I got here when I got here he was like get you a you just spent the whole lot of oxygen doing some sh you going to take it away oh no make sure my my SUV locked to get out and put in your after after you just play getting him in your in the car 81 how old is he 31181 you asking me to do math right now that's I'm actually laying actually 41 no can't be1 it's 2022 about be23 81 to 22 it's 41 years born in 81 uhhuh I Ain got time for 8 81 41 81 41 years old he's old just like Sant Reed about how much y'all say eway too much how much 280 to 300 about 285 if he's 6'3 then yeah he he's at least around between two I'd say at least two with G when we need his D Man blue jeans gray jacket blue shirt wait did she call me then colorful tennis shoes and who and colorful tennis shoes colorful y off just actually hitting him with the F with the prongs to lock his entire body up yeah but then still be kind of hard to put the cffs on hell I've been had my hand on his lower I was holding I had I put my hand on I was my L back on trying to grab his arm and I felt that drive stun going into my arm I felt it when I was holding a handcuffing I think Little Miss thing right here was was going crazy on him man I scra my knee I got I got two many scrapes and spes on my knee from deal with from that he [Laughter] works why you trying to sound all cool La ass tell this thing oh he about to go I don't see why [ __ ] number is 141 59 the crazy thing is I only reason I came out here was because you know like I said I was already out here and I was following as a result of this incident Mr Muriel was tragically declared dead in a local hospital after the officers realized the severity of his medical condition a lawsuit was filed against the officers by Mr Muriel's estate leading to charges against officer cardi and officer Willis for second deegree murder on May 19th 2023 meanwhile the third officer officer land was charged with manslaughter the lawsuit contends that the officers failed to check on Mr Muriel's well-being despite observing his unresponsiveness and need for medical attention Jackson Mayor Cho Anar lumumba condemned the incident as excessive disheartening and tragic as of the date of this recording officer mccardy is out of jail on a $150,000 Bond and will enter a not guilty plea while officer Willis awaits arraignment and officer land has been released on a $775,000 bond on June 16th 2023 Mr Shawn a respected Community auditor went to the Connecticut State Police Headquarters to assert his first amendment rights and request documentation regarding a previous altercation involving Sergeant Brian fahe of the Connecticut Police Department this incident involved Sergeant Fay assaulting Mr Shawn without any apparent justification yeah I want to speak to on internal fa correct so on interal fa just said just give this real quick okay all right you got you just fill it out what's the complaint about a trooper or it's yeah it's about a trooper thank you sir how you how you doing Sergeant you're videotaping me yes I am I don't want to talk to you then if you want to videotape me then if you want to talk to me like a man we but what what about what about you guys wear body cameras here what's the difference I don't have a body camera I understand that what can I get your name Sergeant yeah Brian Brian so there's there's a serious civil rights violation going on here so as I was explaining to you other trooper I was record I was I'm a journalist independent journalist working on a story and I was gathering content for that story at the Bradley Airport TSA became concerned about me filming um a supervisor came over the first person who was concerned called the supervisor supervisor said you have every right to film not an issue I know your rights you know your rights continue what you're doing one of your Troopers um out of Bradley Airport Trooper um how can I help you today with pistol permits can I help you today with pistol permits why why would I I don't need help with pistol permits I need help with the civil rights violation that's I just told you sir okay but you can contact our Internal Affairs Department it's online or there's a phone number you're you're you're you're a supervisor I'm supervisor in charge of special licensing and Firearms so all these people that are in line 529 G dealers in the state of Conneticut that's what we're dealing with there's an outlet for you to make there's outlet for you to make your complaint and you can make that we given you why why are you guys acting like this I I'm trying to make a serious civil rights what I don't know what you I can't help you with your complaint today but I want to speak with somebody who can help me okay well then you can call IIA or you can go there and if they have time to speak to you they'll speak to you but you have your outlet you can go online and you can get the phone numbers yeah you've given we we get we want to entertain your complaint through the proper channels you want to make a complaint which is which is through Internal Affairs it's the proper channels give y I will go speak to them personally great day you too nice talk to you you as well I'll be right with you you're all set here excuse me are you all set here well yeah there's nothing else obviously you can help me out with at this point okay so you're all set so you can you're going to go to IA right now correct yeah I'll be there I'm going to be going okay mhm I'm going to be going okay so you're going to stand here with your cell phone up I thought I thought you were busy I thought you were a busy man am so you should you should get to work I I should get to work is that what you're telling me if you're busy going to have a problem between you and I a do interfer his body camera's on his body camera's on stop he has his body C I don't care I'm going to this is private property you're not going to video me I'm going to tell you right now I'm not the one okay I gave you the information you need and I gave you your outlet right you were giv your out no you wanted to stand there and hold your cell phone in my face what you wanted to do yes you take your cell phone and go and make your complaint okay okay can I grab myself stay right here I'll get it for you I'll get it for all where's your car where's your car where's your car at I'm going to go man I'm going I'm going I know but where's your car I know where my car is you were about to arrest me man for real your body camera on yeah my body camera is on buddy I'm Trooper castella 1139 y wow listen with the situation going to arrest me for real we're going to detain you or what the situation was going on man conversations over thank you Sergeant Fay assaulted Mr Shawn for recording an activity protected by the First Amendment thereby violating his constitutional rights however Sergeant fahe faced no consequ quences as his Department cleared him of any wrongdoing in 2023 Mr Shawn returned to the same headquarters to submit a fo request utilizing his right under the Freedom of Information Act to access information held by government agencies including police records and body cam footage guys Long Island audit here back again with another video today we have returned to the Connecticut State Police Headquarters here in Middletown Connecticut or should I say corrup where I was assault by Sergeant Brian fahe right outside these doors here yeah can I get your name and badge number yeah it's 854 and your name I'm Trooper Kio Trooper Kio yeah what do you4 no I don't need anything help with anything Trooper what are you out here doing oh I'm just taking a walk around that's all and why are you recording aren't you recording yeah but I have to IO I'm interacting with the public so I have to be recording and I choose to because I'm interacting with the law enforcement officer but you've been recording that we've been having reports of you out here for a while been recording reports of reports of someone recording suspicious walking around because this is a a building with important people and things in here so are you important because you have a uniform on no I'm saying not me well who's important that's inside of this building crowd of people in there yeah who's important civilians so you're out here it wouldn't be the it wouldn't be the they are coming here asking why this is the Connecticut state this is a Connecticut State Police Headquarters correct and they're asking why you're recording we have civilians coming up to me asking why a man is recording they feel uncomfortable civilians are coming up to asking why yes I'm recording because it's suspicious yes how is it suspicious because you're recording in a parking lot do you live here are you here for a reason I don't live in the parking lot no are you here for a reason I am here for a reason what's the reason I don't know if I want to disclose that to you at this point just because it might compromise what I'm working on here but what's so suspicious about a man recording you're in a an area that's public which you you are free to be but you're reporting and making it look suspicious so you're you're being a threat to the civilians that are coming up to me and complaining about you so because I'm let me just get this straight Trooper so because I'm recording I'm a threat to to your very important people that are inside of this building are being suspicious to my civilians that I protect on a daily basis yes I don't think you meant the CI the the the two civilians that are inside I no I have a line of civilians I have more than 20 people inside of just civilians that don't even work for the state they came up to me and said that they feel Threat by threatened by you recording because you look suspicious so you came out here to to do what to ask you to leave why because you're making the civilians feel uncom let's move out of This Woman's way you're making the the the people in this in this building feel uncomfortable they had come in here to get their pistol permits or fingerprints and you're making them feel uncomfortable by recording why do you have yes you look suspicious out here recording so they're reporting suspicious activity okay and you're responding to that suspicious activity but I don't understand a problem it I mean it's I think it's a problem because there's nothing suspicious about is a man recording in a parking lot why are you doing that I don't think that's suspicious yes it is on a building that holds a lot of people yeah very important people I know very important people civilians are important people you don't think so I think everybody's important everybody's important exactly I didn't say anything different okay so again this is public you just said it's public property yes but we can ask you to leave if you're making if you're making people feel uncomfortable and doing suspicious activity what CGS Connecticut General statute is making people feel uncomfortable Trooper you're asking me why people are feeling uncomfortable I don't know why they're feeling uncomfortable I don't know why yeah that's uncomfortable respond my my question was tro my question was what can iate General statut a breach of the peace it could be no no you're wrong if we decide to I promise you you're wrong a breach of the peace has to come with an act or threat of violence should felt an act or a threat of violence Trooper act or did you say or yeah an act or a threat of violence the ACT this is an act of violence you are you are making it's an act or a threat of violence tro feel uncomfortable because they don't know what you're doing I can't prove anything right now to you but I there is no viol ofal General States right now no you cannot yes I can you said this is public property yeah but if you're doing something to disturb people that's a problem disturb what what is what is the Connecticut General statute for disturb ma'am well if you know everything you can tell me right there is none I for for breach of the peace there sure is but I just I just informed you I just educated you on the fact that it has to come with an act or a threat an act or a threat of violence you're ignoring until I prove it but I can ask you to leave if there no you cannot can somebody out here for you do you want to talk to somebody that's H I'm talking to you to somebody I'm not charging you with anything but I'm asking you to leave because you can't because respectfully respectfully I'm not breaking any Connecticut General statute so you cannot charge me with anything I'm not Char with anything I didn't say I was I never said I was I know you said you asking you to leave and I'm just telling you that you could you're making the civilians uncomfortable here you can ask me to leave I I agree you can ask me you can ask me to leave but my response is no just minutes into recording the headquarters from outside Mr Shawn was approached by a trooper who asserted that his actions were suspicious and could be deemed a threat this assertion was absurd and ran counter to the protections of the First Amendment according to the American civil liberties Union of Connecticut individuals have the explicit right to capture any image that is in plain view when in outdoor public spaces where they are lawfully present this includes pictures and videos of federal buildings Transportation facilities and police officers additionally it is emphasized that the police should not instruct individuals to cease taking pictures or videos why what are you doing here ma'am it's none of your business what I'm doing here you've been you've escalated the situation you escalated the situation they as me to come out here you've seen me here before when was that you're on all these videos oh what videos all these videos that you post all that oh so you know who I am I don't know your name oh okay I know you're a civilian that reports a lot of law enforcement and there is there a problem with that yeah Bradley International Airport okay so why are we coming something no wrong and you're bothering the civilians here you're wrong you're just wrong about what I I I'm not trying to be combative with you but you're just wrong you're just flat out wrong you cannot ask me to leave a public place you said I could you said I could ask you no you can you can ask oh there you go okay you can ask yeah so make sure you know what you're saying first okay you can ask so do you have anything else to ask me yeah I am asking you to leave anything else no anything else I'm asking you leave I said no anything else why do you business being here there is no other there is no other explanation but besides the word no ma what is your business being here ma'am no what is your business being here not answering any questions that I don't want to answer there needs to be a reason for you to be in this parking lot not true again you're you're incorrect and making people feel uncomfortable you're incorrect ma'am I'm no I'm not cuz I've had many civilians come up to me and complain about you you're incorrect no I'm not I'm not saying that people haven't complained exactly so how am I incorrect well I'll check your body camera see who complain to you but listen again you can ask me to leave I said no I don't know what else we need to be discussing at this point I said no you know I I you can stay here I know I can I know that I tried to tell you that Trooper but you you didn't want to listen you wanted to try she wanted to try and exhort her Authority she didn't want to listen Mr Shawn was justified in asserting his right to record in a public space educating a trooper who tried to interfere it's crucial to understand that public property such as the parking lot of a police headquarters is owned by the government and accessible to the public allowing Mr Shawn to remain there however tensions rise as Mr Shawn encounters the trooper and Sergeant fahe who had assaulted him in 2021 despite Sergeant fahe facing no legal consequences for his past actions the situation becomes increasingly complicated as Mr Shawn approaches the main entrance of the headquarters everyone it's Sergeant Brian fahe In the Flesh there he is look at him in the flesh he's here hi sir how are you hey how are you you already told me you didn't have anything here oh yeah I just got to do some foyer requests and things a fo request for your body camera footage and Sergeant uh Brian F's disciplinary records you can have send it in in in writing yeah who's the guy behind you that you hold I have to conduct I have to conduct uh business here Sergeant sir what can we do for you my pistol come on oh you're the sergeant of pistol pistol per aren't you come on come on sir excuse me sir you have to get out of the way sir I know I know your inclination is wanting to assault me Sergeant stop pushing me I'm trying to get in I'm trying to get in the building in the building you have no business here I do have business here stop acting like a like a like a Savage what are you doing Sergeant fahe is accused of assaulting Mr Shawn for the second time using excessive force and abusing his power which constitutes law enforcement misconduct under federal law his interference with Mr Shawn's entry into the police head quarters violates his first amendment rights the four analysis Doctrine suggests that certain speech related activities are allowed in Police Headquarters making the obstruction of Mr Shawn's access a rights infringement seizing Mr Sha's phone is also viewed as a violation of his fourth amendment rights against unlawful searches and seizures another internal first complaint on him this is incredible right exactly it happened right over here ladies and gentlemen right over here right here right where we're standing look at him you can't control yourself you're an animal you're an animal who can't control yourself you're disgrace to that bad um he he's going to talk to legal right now who uh him why are we going to entertain him he has to formally requested right just witness somebody get assaulted and their property taken from them and not do anything about a trooper is that standard operating procedure cuz there's the criminal right there in front of you if you'd like to place him under arrest Trooper he just assaulted me and took my property and violated my First Amendment right but no these Troopers aren't going to do anything about that right in this scenario we turn to Connecticut's guidelines for police officers using body cameras these guidelines mandate that once activated during a police interaction body cam cameras must remain on until the interaction concludes they also allow for muting the camera provided officers explain the reason on camera and in their official report however in the case of the officer's interaction with Mr Shawn which was still ongoing as he attempted to enter the headquarters muting the body cameras raises concerns this suggests a need for closer examination of the officer's actions broad daylight man so there he is he's so soad man why are you so mad Sergeant I'm not mad I hope you have a great day oh yeah after you assaulted me right I didn't assault you yes you did you did it last time you did it again because you're scared you wouldn't do it without a uniform because I'm what you you're scared you wouldn't do it without that gun on your hip and that badge you wouldn't do it without that you wouldn't do it let's let's take them all off right that's what I thought so Trooper I'm I'm going to be on my way in a second I just had a question for you so you're telling me I just want to get for the record you know for court documents just have it memorialized here you just watched a man assault me and grab my camera interfering with a constitutionally protected activity you're law enforce weer took an oath to uphold the Constitution are you going to do anything about that I saw you get in his face as well so I did see you saw on B camera yeah the body camera will get the body camera that's for sure can see that you stopped him trying to get you from entering I'm allowed to enter into the building told you to get a report right he told me to submit something and writing yeah but I'm going have a right to be here they told you cor but I have a right to come in here and conduct business he has no right to put their hands he has no right to put his hands on the only person you just watch them in listen to me you watch them I'm answering your question do you want me to answer your question go ahead go ahead go ahead the only person that are allowed to come in here is with an appointment reports and records and for the pistol for first time pistol from every else we have to turn away and what did I what did I tell you I needed records right records is not open today it's only open Tuesday through Thursday but somehow I spoke to somebody from legal because they legal wanted to talk to you okay great so what I'm saying is how is this not you saw a man put his hands on did I put my hands on him I saw a man telling you not to be in the building when you were not allowed to be in the building did you watch him put his hands on me or not did he put his hands on me or not did not tell us that you had anything did he put his hands on me or not after and then they let you in ma'am did he put his hands on me or not once I saw you do what you did once what did I I do when you physically tried to stop him open the door I tried to come inside the building cuz I'm allowed to just like I'm inside the building right now I I'm inside is talking to you because they requested you to come in if you didn't have an appointment I just want to know listen I'm going to be on my way I'm going to be on my way the damage is I was already assaulted did you watch you watch him assault me are you going to do anything about it yes or no are you going to do anything about it in this situation a police officer failed to intervene when her Superior assaulted Mr Shawn Connecticut's General use of force policy mandate any officer witnessing unreasonable Force to intervene regardless of rank the officer should have acted when Sergeant fahe aggressively confronted Mr Shawn blocking his entry and seizing his phone almost 2 weeks after the incident on June 28th 2023 Mr Shawn lodged a formal complaint against Sergeant Fay with internal affairs as of the current recording date Internal Affairs is still investigating however according to one of the sergeants within internal Affairs regardless of their findings their office lacks the authority to pursue legal action against sergeant fahe in April 2023 Mr Xavier a 24-year-old man was walking along a sidewalk in Texas when a patrol vehicle pulled up behind him unaware of his rights Mr Xavier soon found himself illegally detained by an officer who was ignorant of the law leading to a prolonged and unjust ordeal the interaction captured on body [Music] cam how's it going bud hey I'm off Checker with PD yeah 205 I'll be out with are you carrying a firearm right now yeah okay how old are you I'm holding car huh old enough to carry one okay so the respon the we got a call um said that there was a young teenager at here walking around so how old are you well to car one to buy one okay so how about you show me your ID no I'm good okay 205 I need a second one step it up refuse an ID for what cuz the call we got was that it's a teenager all right here caring this arm I don't know how old you are okay that's a thing like well so I'm out here on a lawful call okay all you got to do is ID yourself you're 21 then I cut you loose you're good to go you know how it is yes it is no it's exactly how it works I have every right as a law enfor enforcement officer to request ID from anybody open right I can refuse okay then go ahead turn around turn around right back sir okay why am I being arrested you know you're being detained for what CU you're refusing the ID refusing to cooperate I don't need fire you're armed with a firearm you can't detain someone just for carrying a gun but I but I contain you detain you for refusing ID somebody carrying firearm Mr Xavier's encounter with the officer escalated rapidly with handcuffs restraining him within a mere minute of their interaction it became evident that Mr Xavier's assertion of his constitutional rights triggered the Swift detention according to Texas law police officers must have Reasonable Suspicion to legally detain an individual based on concrete facts indicating potential illegal activity furthermore officers are allowed a brief detention period of around 20 minutes for investigation as per a US Supreme Court precedent in this case the off officer cited a 911 call alleging a person with a gun prompting the encounter however the legality of Mr Xavier's detention becomes ambiguous as it hinges on whether the officer reasonably assumed him to be underage and potentially carrying a firearm a point that quickly loses relevance in light of subsequent events 205 sure one detained come on you know what that's exactly how the law says what does it say the law says hold on which code hold on hold on you going to keep interrupting me or you going to go ahead I'm sorry so I can request ID anybody okay to prove age for anybody open carrying I don't believe that you're 21 you look younger than 21 okay the call that we got was approximately 16-year-old we're out here open carrying okay so that's what I'm responding to do I look 16 I don't know how old you are cuz you won't ID yourself I don't believe you're 21 if you're 21 then that's fine I'm 21 I'm over 21 so now you will be so you're not 21 huh so you're 20 no I'm over 21 I said you said you will be 21 I'm over I said over I promise I'm well over and I also don't consent to uh I'm not searching youing he sees my property not I unpoled you and I put it right here seing it you took it from me okay we can do this all day and 3802 okay you know you know 3802 go ahead let me hear what does it say you go ahead what is the premise on which I have to which on which I have to ID what's that what's the premise on which I have to ID if I was arrested not you're not you're not already you're being detained and I as a pece officer I have the right to request ID from you and to obtain ID from you for anybody that I think might be violating Texas op law carry okay you refus an ID yourself I don't know if you're 21 or not right what's your name officer PCO right here P okay so just relax I'm just going to pat you down for any other weapons I'm not going to search you okay is that Leatherman knife what no uh I don't it might be my wallet it again that might be it felt well it felt like a long sare well it felt like a like a long metal piece it should be square right why not as long as it's not a gun as the encounter progressed the officer persistently demanded identification from Mr Xavier insisting it was a legal requirement however Texas law dictates that even in a lawful detention individuals are not obligated to provide identification section 38.2 of the Texas Penal Code specifies that one must only provide identification when lawfully arrested not merely detained this crucial legal Nuance seemed lost on the officer highlighting his ignorance of the very laws he was entrusted to uphold moreover the officer's insistance on Mr Xavier's identification hinted at a potential escalation without probable cause or evidence indicating Mr Xavier's age to be under 21 any attempt to arrest him would constitute yet another unlawful act in light of Texas's open carry laws effective since January 1st 2016 citizens are permitted to openly carry handguns without a special license provided they are holstered while some opt for a license to carry for added benefits the basic right remains accessible to most Texans despite Mr Xavier's clear legal standing the officer persisted in his attempts to escalate the situation disregarding the evident illegality of Mr Xavier's detention I'll give you permission to take it out and check look at my DD now that you okay you already put me in the situation now you want to cooperate yeah cuz you're unlawfully detaining me so it's your mag that's uh check my front pocket or on my breast my breast pocket nothing your breast you don't have a breast yeah I thought it was in there check my you have keys so now you have no way to ID yourself you got no way to idea yourself you got no way to prove that you're 21 all right can I go into this pocket see what this is you have an ID in there no you don't have no Ida if it's just if it feels like Keys it feels like keys and it feels like a knife so that's fine you take it out I don't care if it's a knife it's not a knife okay turn sit back I don't have to IDE okay until I've been lawfully arrested right and you're detaining me for not iding I'm detaining you so circumstances change when you're open carrying right what's you're open carrying right now okay even if I just saw you open carry in you can't do that that's un sorry even if I saw you no no no so the law specifically States any piece of officer can request identification from anybody who's open carrying okay open specifically open carrying now when I when I turn the corner I could clearly see that you're open carrying okay so okay so that so so that that's it okay one at a time so like a 50-year-old man who was clearly 50 uh if he was carrying you can not take his ID if if I could if I could easily determine that this guy's well over 21 then no every circumstance is different okay every circumstance is different but you got to go I explain to you what the circumstances of the was right yeah the circumstan of the call was that there's a teenager so why would you some I'm legally carrying that because if you're not CU because if you're not 21 you can't open carry in the state of Texas you can't even own a firearm in state ofex you think I'm under the edge of 21 well well you look under theer 21 to me and then you also refuse the last time you saw someone we see we see people out here all the time okay right there there's no way knowing who how who's who's old and who's not but now you're telling me you don't even have ID on you to confirm your age right so so so you're just making the situation even worse the officer's misinterpretation of the law became increasingly apparent when he falsely claimed that the rules change when a person is openly carrying a weapon citing the relevant section of the Texas government code the officer erroneously claimed that anyone openly carrying a gun could be forced to show identification however this law specifically relates to licensed gun carriers which Mr Xavier is not as already noted most Texans can carry handguns in public public without a special license confirming that Mr Xavier was not required to show identification moreover the officer's actions amounted to a blatant violation of Mr Xavier's Fourth Amendment rights by detaining him without Reasonable Suspicion and proceeding to conduct a body search and seizure of his personal weapon the officer disregarded the fundamental prohibition against unreasonable searches and seizures the fourth amendment requires law enforcement to to have a warrant or probable cause before searching a person or their property neither of which were present in this case right so so so you're just making the situation even worse so I saw Stuart no she's my super you can talk to her all day long Stuart uh nordine remember Joshua nordine he pulled me over on 183 he searched my well he didn't search my car refused and he got the dog it was probably like two years ago three years ago what's your name uh Xavier ring the bell uh charger white charger white yes ma'am okay I don't know how old do I time you reckon uh two years ago or something yeah well he refused ID ini but you know I'm not underage 16 no I me not yeah I I'm not saying you should have he didn't know that I know 16 18 doesn't matter 21 is the agen correct you and I both know that I'm 21 or older okay but now you don't have a way to prove it you don't have IDE on it I asked you for your IDE prove it you need you need find why I'm I'm not under I just explained to you why you have to show me just because I look it you can say that for any it doesn't it doesn't as a peace officer if I am suspicious that somebody is unlawfully carrying a firearm a sidearm specifically a sidearm not a rifle not a samurai sword not a pocket knife with a side a second officer who happened to be the supervisor of the first officer arrived red at the scene catching Mr Xavier's attention as someone he had encountered before interestingly the supervisor's presence served to corroborate Mr Xavier's assertion that he was not underage with this confirmation the supervisor effectively dispelled any lingering suspicion the first officer had regarding Mr Xavier's age logically this should have prompted the release of Mr Xavier from his unlawful detention by the first officer right right mhm if I'm suspicious of anybody that may be violating all right the age Department which is 21 I can request ID to confirm I'm well within my rights to do that okay then then you get detained until I can confirm what your identity is well how about you start giving your name and date of bir that would help how is that how is that not because now I can confirm who you are with your agents you just take any Fourth Amendment Amendment violation SEC securing my person in papers it was time was are you going to help us out so we can wrap this up or what if you tell me you're wasting my time I didn't I didn't bring you it's October 5 okay 1999 Mr gave what your the last one you that's all you need October 5th 1999 oh I you last name because if you have an ID so you're going to run it if you have yeah I'm going to run it but I can't run it just with first name I need the last name too the officer's persistence in detaining Mr Xavier even after dispelling suspicion hinted at ulterior motives wanting to run Mr Xavier's ID through the system raised questions about prolonging the ordeal without cause despite Mr Xavier providing his date of birth and first name the officer demanded his last name disregarding the fifth amendment's protection against self-incrimination this unnecessary inquiry suggested a violation of Mr Xavier is right I'm telling you I a 99 aosta give me just move you're right with you is that walking around huh not walking around yeah it was too hot this earlier today I mean how did they know that you had I know somebody I I I didn't really was your jacket open or did you have it zip whatever he came bu it was open like this yeah yeah to be fair you look like 16 I get told that sometimes I get told I look much older other times I have no ISS I like you the last time no like me is he is he a I know he's a what's you call uh school resource officer though right so you understand the importance of if you're going to open carry how I do you realize that you still have to be able to prove that you're legally able to carry whatever fire I'm carrying you realize that right two two law en Force offic two peace officers if you are question if you are break law you were breaking you were breaking a law but when it comes to Firearms specifically sidearms specifically okay specifically sidearms or uh rather pistols excuse me specifically any peace officer can question anybody open carrying can you pull the code for I'm need to pull up the code that's not what it says dude you know specifically there is law that says you can't B on the basis of firearms alone you got this you good yeah so I'm going to I'm this for you it's not loaded you got a MAG in there yeah but it's not loaded it's not chambered I got I apologize you want to put it in for me well I I will that makes it safe are you okay with this I'm going give this to you as soon as I leave do whatever you want okay I'll give don't put it in the gun I'm say soon as I leave you whatever you want you want to load it soon as I take off that's all right all right I'm give you my card got any questions you want to follow up have your name abolutely great just hold on this I'm going put this here I thought you were going uh Oklahoma believe that was in the conversation when my father my father was working there and I think I was I was going that week Oklahoma yeah I'm not staying there now oh I thought you were working at some store or something no no Oh Yes actually I was going to but I got a better job say that's a call for service number that's so for this incident okay you want to look it up you want to contact the PD that's number you're going to reference I'll Note Everything well everything's on body camera anyways but I'll know everything that turn okay all right any questions no dude have some IDE on you it's that simple you need to that's the whole point of the Constitution Fourth Amendment that's fine okay secure in my person in favor we okay that's fine that's fine and in the state of Texas as a Texas police officer if I see somebody open carrying a firearm and I have any reason to suspect that they may be unlawfully carrying that firearm that's sidearm I can request ID CA or reasonable susp reasonable suspicion reasonable arable suspicion that's what I just got un explaining to you yeah and and the violation was you being underage not 21 that's what it is but Stuart said he's probably over 21 okay okay exactly okay that's that's what she got here I don't know who you are right no no no I I get that you you weren't going to take me out of the handc regardless until I told you yeah so I could confirm okay that's okay whether it took a minute longer 2 minutes longer whatever all right up that up to that up to that point you were being okay well you just say you don't care about it of course I do of course I do I care about both G they deep but I also care about people resp of what the law says and the law says that as a peace officer if I'm suspect anybody who's violating only though said specifically pistol yeah because there're specific laws about pistol you know what they are know the over car law what's that what's the P code so I can look it up why don't you look it up I I know what the P code is I don't what does it say direct me all right we're not going to sit here and have you don't know it and that's not what it says okay all right that's okay you're you're free you can look it up while you want okay unless you really want me to look it up for I would iate I I'll you I don't give St a hard time cuz the way you came up to me was what was that and I do apologize because like I said I had did good interactions with G and I'm not trying to waste your time or is B still there I think he's off so where do you work now you went from all that to an account it yeah God you went from all that to know over okay you ready I'm I'm going to let you come over here and and write it down you can even record it if you want what does it say section 411205 the law says that if a person with a license to carry handun in this particular case cuz we're open carry now so okay okay a lot of the verbage hasn't caught up yet but is carrying a handgun and is asked by a police officer to show ID they must show both if somebody has a license but how does that how does that so because the LTC so there's still a lot of catching up that the the the terminology of LTC and open carry has because like I have an LTC but I don't need it anymore right if you did if you don't have an LTC you now do not need it however if you are open carrying right so now the the new law with open carry you still got to be 21 right so if I request ID you got to show it to prove that you're 21 driver's license or other well then look man you can you can go argue at all you want okay I will that's fine all right you got any questions no okay that's it you free to go have a good night you too sir the officer's actions in real time underscored his lack of understanding of the law as previously discussed the law he cited only applies to individuals with a license to carry weapons which Mr Xavier clearly did not possess this further highlighted the officer's misinformation and raised doubts about the legitimacy of his actions