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2026-10-22 22:26
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on January 27th 2020 in laramy County Wyoming deputies Jason gillet and Ryan Lee arrived at Devon Bryant's home late at night after receiving a tip about a potential suicide attempt the interaction was captured by Body cam Sheriff's Office hey how you doing Deputy Jill with the sheriff's department yeah part is Deon here yeah he's here do you mind if we speak to him real quick he's not in any trouble we just we we just want to check on his welfare okay they were walking up the street hey how you doing good how are you so I got called from the um a strange wife a strange girlfriend oh yeah my ex-wife okay so she's concerned that you're harming s and you sent her an email earlier yeah I I had I had sent her something uh it wasn't earlier it was I think it was like two days ago two days ago um I had been drinking and was just kind of not in a a good mood okay and but I mean I'm I'm fine I just I didn't even realize I had sent it I saw that I sent her the email all right man do me a favor just let's let me have a look at your arms no I don't I don't need to look at anything all right I I know I know you're just here I'm just here to make sure two days ago doesn't concern me okay bro cuz two days ago and you you stood here talking to me yeah so I just want to look if they're old I'm going to get in my car leave you alone and that's okay I don't I just I I don't want to show you anything and I don't need to yes you actually have to officers can take someone into protective custody for mental health reasons if they have reasonable belief the person is a danger to themselves or others in Addington V Texas 1979 the Supreme Court ruled that clear evidence is required for involuntary commitment however since the deputy acknowledged that Mr Bryant appeared healthy detaining him was unnecessary despite this the officers persisted in holding him which likely violated his rights under this legal standard no this point because right now based on everything we could take to the hospital at this moment that's okay but and okay go you guys can come right back with a don't pull don't don't get off me I don't have to do [ __ ] step out you can't make ma'am step back hey get off my mom tast you stop I'm done up stay away mom are you stay back Mom are you okay stop okay I yeah no hey hey my didn't do anything hey the officers clearly violated their Department's use of force policy which mandates that force be reasonable and appropriate based on the situation and what is known to the officer at the time their actions also contradicted the Department's core values and mission statement which emphasizes protecting life property and individual rights enforcing laws and preserving peace and safety their conduct undermines find these guiding principles look it's my shoulder okay I used to cut on my shoulder you want to [Music] see I'm sorry I apologize take take I'm sorry I take a seat down here I need I'm trying to get this C out your way you guys don't have to put me in the car I'm done this one you got anything on here that's going to Pro or poke it right you going to a hospital or you going to jail interference I'm I'm sorry your mom's going to jail too no don't say my mom come on she was just I don't give a [ __ ] dude you make me tase you you're going to jail I didn't mean I'm sorry sorry these two are both going to jail yep you know which car with person what's that first one hit her B one Bay one hit her man where's the other prongo back okay I'm going to pull these out okay it's going to hurt but it's going to be a lot better once ready all right it I don't think I can without using my hands without using your hands I'll help you ready let's do is she good to walk yeah she good come on I can't walk without my shoes well you were happy to fight us without your shoes so you're going to walk without your shoes come on listen to me do you want to go again it's a medical problem with my foot see I had surgery if I walk I'll blow out in my foot at the bottom of my foot do you have a boot or would you have a shoe I have slippers okay you have slippers for her to yep to transport her for us you need me to please if you need me to yeah she's going to jail he's going to jail you still got prongs in him no I took his prongs out in legal terms police can arrest someone in their home with a warrant under exigent circumstances such as imminent danger or destruction of evidence or with consent in Devon Bryan's case the deputies responded to a tip about self harm which could justify entering the home under exigent circumstances however since the they admitted Bryant seemed fine the urgency disappeared making the arrest likely unjustified according to Payton V New York 1980 a warrantless home entry for arrest requires exigent circumstances and Welsh V Wisconsin 1984 reinforced this for minor offenses given the lack of immediate danger the deputies likely violated Bryant's Fourth Amendment rights as shown by his legal settlement we could have made a determination you know if you guys would have just complied but now you guys going to go to jail this bad car I see the cuts now yeah it could have all been done I'm sorry a lot simpler jeez you do it quite a bit don't you you do need some help was what else we go I guess there's some on this side too all of the that's from our scuffle yeah I know is that there in place you get yourself is it yeah all right you been drinking tonight no okay after being discharged Mr Bryant filed a complaint in lawsuit claiming that the incident violated his fourth amendment rights which protect against unlawful search and seizure he also cited injuries humiliation emotional distress mental anguish and medical expenses in August a federal judge dismissed two of his four claims ruling they were tort claims with a one-year statute of limitations in Wyoming ultimately the lawsuit was settled for $10,000 and both deputies gillet and Lee remain employed with the laramy county sheriff's office on January 16th 2023 latika Hancock visited at McDonald's to correct a drive-through order that was missing an extra slice of cheese she had paid for after a disagreement over fixing the sandwich she was refunded but the police were called to remove her Sergeant Todd Stanley and officer Tim zelers responded and Miss Hancock explained the situation hi did you have a bad day inside no sir I went through the drive earlier okay she refused to take my dollar to give me 30 cents after I paid it for extra cheese okay there was a young lady who was very nice by the way before I introduc got introduced to this lady in the burgundy okay she asked the lady in the burgundy shirt to remake my sandwich she comes up to the desk wanting me to pay her another 30 Cent so 49 plus 30 plus 30 for what when there's I'm not even getting enough pieces of cheese you only put one on here when I already paid the0 49 cents for the extra piece of cheese so now you're charging me 60 cents more so then she got an attitude because I asked her for a refund and called the police because she didn't want to give me back my money and I told them I'm in a black truck and I'm waiting she finally gave me the refund literally 8 seconds before I got in the car and started it up the problem was all I wanted was to be remade with an extra piece of cheese she started screaming at me and I'm just like Well ma'am she explained it to you why won't you go make it well you need to pay me 30 cents I said the lady that just came and got the paper I already took the 30 cents on top of the 49 why would I give another 30 cents which makes it 60 plus 49 cents so they've made you whole no they haven't made you whole well I mean yeah she gave me my money back so I'm going to go somewhere else but okay the problem was she should have just remade it like the lady asked her I came all the way back here to get my sandwich obviously I wanted to go home with it I didn't understand where she got confused at after the lady already said yeah just go ahead and remake it put a piece of cheese in middle she started getting all extra wanting me to pay her again no ma'am it doesn't work like that I paid now three times for only one piece of cheese that I still didn't even get okay so she gave me a refund I'm leaving she started screaming at me telling me to have a good day and not to come back here and I said I won't so you didn't you you didn't say anything you was a complete Angel cuz I'm getting information you're getting disorderly in the store okay all right so here's what's going to happen you've been made whole right you got your money back leav you pulled up I didn't want you to have to chase me so here's what we're going to do they want you trespass they don't just listen I know it doesn't mean anything it's a McDonald they don't want there one on every corner customers are right thank you officer zers mentioned that McDonald's reported latika Hancock for disorderly behavior and requested her to be trespassed when asked for her identification latika refused prompting officer zelers to warn that she was complicating the situation and implied she could be taken to jail eventually latika provided her last name but remained visibly upset okay I won't come back this car come back to you no it does not okay can I get a driver's license number or something from you or name date of birth I don't have one well I'm going to issue a trespass notice and I have to fill out a piece of paper I can care less I just need some information no but I do she gave a description you can use that but I know sir so I'm filling out a paper go ahead okay fill it out it's going to have your information on it so that you can't come back on the property who wants to it's a McDonald I that but I have to serve you a piece paper I'm about to give you my info sorry you are because it's a crime if you don't no trespassing the crime is her being nasty and won't make my sandwich the way I paid for it it's my money okay that's nasty you're going to make it more difficult than it has to be if you arrest me I promise you you're going to have a problem I I won't have a problem yes you will no maam over we're just trying to identify you to give you piece of paper okay that's it you have to identify yourself too many McDonald's out here because we we've heard explain that she was the rude ass [ __ ] to another level stop bring yours down I'm done piece of paper for what over a sandwich that she refused to make are you going to stop and listen go here and make her remake my sandwich St if you don't stop you're going to end up going to jail stop h n c c k ready Dar calm down no cuz you're not about to act like that over a s she didn't make right stop stop you don't need to go to jail over this exactly okay so calm down saying like over you're making us your enemy I'm ready I gave you my info no you didn't yes I did I said my last name Dam burger that she didn't even make right that I traveled way far are you going to listen to me what's your first name despite providing her last name Miss Hancock was asked to give more details including her first name and date of birth as officer zelers intended to issue a criminal trespass notice finding the situation unnecessary Miss Hancock refused to provide further information in response officer zelers informed her that she would be taken to jail for failing to identify herself the easiest thing to do is just give us your info we give you a trust we give you a piece of paper and you don't come back told trespass so I'm not coming back so we have to serve you with a criminal trespass notice yes by law we do then we're going to then we're going to arrest to identify identify yourself no yes for what over a stop she didn't idid yourself or we have to arrest you now stop over yes over a sandwich so you're making a bad decision missing every day though but you coming for me over a burger y it's too much you're not leaving till you identify yourself bro if you don't get the you better calm down I'm not giving you nothing I already said it okay you're under arrest hands put your hands behind your back I'm you are under arrest for failure to identify put your hand okay my last name is Hancock I already told you that behind your back no I don't want to for real it's La I'm telling you why would you do that okay I'm saying okay back you're going to get in Ohio three statutes address Criminal Trespass generally prohibiting entering or remaining on another's property without permission according to relevant Ohio Revised Code a person in a public place must disclose their name address or date of birth when an officer reasonably suspects them of committing a crime while it's debatable whether Miss Hancock was legally required to identify herself What followed was unacceptable When Miss Hancock refused to provide more information officer zelers informed her she would be arrested for failure to identify as both officers attempted to handcuff her a scuffle ensued officer zers initially threatened her with a taser but the situation escalated drastically when s Sergeant Stanley violently struck Miss Hancock in the face multiple times an excessive and unnecessary use of force your hands behind your back your I'm get down can I please turn around against turn around face the car my why would you me I ping me look at my face why are youing me why do you me look at my mouth oh my God that's all right she stack I know I'm just going to have to the side car my leg look at my face why did you ping me I didn't even hit you I have nothing for my mouth please why would you punch me like that another 31 why why you didn't need to punch me you don't resist get your shoe get your shoe get your shoe where is it I can't see it put your sh on I'm trying to get my breath I'm Sorry Miss Hancock was not violent with the officers though she was agitated and raised her voice the excessive force used by Sergeant Stanley who punched her in the face was unjustified as a result she suffered a busted lip loose teeth a head injury and a back injury in the body cam footage she's seen crying stating she didn't attack the officers and questioning the need for such Force despite this EMS was called and she was placed in the back seat of a patrol vehicle didn't have to even be this way can I just leave no you're going to jail please can I go home come on are okay my name is laa latika it didn't have to be this way latika I'm sorry please it didn't have to be this way I want to go home okay my mouth do y'all give people stuff you got to call I got seated excuse me S listen to me stop listen punch stop and listen do you have any guns or knives on you do I have a what guns or knives on you no my lips are like it's blessed or something but I mean like is my skin on my lip hanging cuz it feels like n my lip is busted sir 310 can you start a medic not emergency manam it didn't even have to be this way I don't want to go please you're going you brought it to this sit down till the medic gets here to see you I don't want to go you don't have a choice you just caused us to use Force against you no but you me on your own will no it's because you resisting you you don't have to I didn't resist yes you did no I didn't I'm a female look at my it's all resisting it don't matter what sex you are be in the car stop arguing this is not a debate okay okay I'm going I'm I'm going to go sir okay tell him to stop cuz it hurt I'm going to why are yall like this I'm sandwich close the door you [ __ ] I got blood on my face no okay Sergeant Stanley justified punching Miss Hancock by claiming she was resisting which she denied while she was in the patrol vehicle officers found alcohol in her car prompting Stanley to accuse her of being drunk Miss Hancock denied this saying she wasn't intoxicated she continued to complain about the force used but Stanley dismissed her concerns insisting her injuries weren't severe here and his actions were necessary I ask you a question have you had anything to drink today huh have you had anything to drink today I just cracked it open I spilled half of it in the car cuz I could smell when we were talking it's not it's not me or whatever sobriety yeah it's not on me sobriety soet some [ __ ] something ma' we're going to treat you fair and we're going to treat you honest you shouldn't have put us in that position I no unfortunately when we have to make a physical rest we have to go hand on then you got to go to jail but you didn't even have to punch me ma'am you were pulling away from me but you didn't have to do that that really like my mouth inside H did it work would you rather been tased would you rather been tased I don't even know what my face look like well it's not bad it feels like it hurts can you call the number for me so my brother can come get his car no it's going to get towed right now what what's your address where do you live so we had one resist and I punched her in the mouth she busted her mouth open so let's just put some Galls on it wipe it up and we'll get her to the jail works for me grab now listen are you going to cooperate or do we have to fight you again to get you in the car I want them I want them to look at your mouth to do that we got to open the door matter of fact just stay right there come on this side now what come on this side okay can I put your seat belt on you seat belt's all jacked up now stay right there come over here be no I don't want to fight with you again ain't nobody trying to fight with you you the one aggressive you the one punch me in my mouth talk about now that would cooperate talking you I'm talking to you well who cares bye can you send the medic or you can close the door can't out of try to be nice and polite and treat you with respect and that's way you go but can I do the whatever that I didn't pronounce right sobriety what's that going to do we're not we're not saying you're drunk on du youi I just ask you if you had anything to drink today you ready Sergeant how are you sir my skin is dy everything I'll be honest if it wasn't you two I'd probably be angry but well she resisted pulled away and I punched her in the mouth oh so she's mad now because I punched her mouth but she would rather you know could have got tased but it worked she calmed down well she not calm down I'm the bad guy now all right you ready know I don't want to open that door cuz she's she came out on me already uh I'm going to just just s going to bite you I'm not worried about that I just want to clean the blood up off your face okay take a couple I'm looking look your teeth you do I just need you got a trespass notice for me I don't have anymore yep go does can't wait for all the ice over okay get that stuff ready Miss Hancock was jailed and charged with resisting arrest failure to identify driving under suspension and having an open container she was later hospitalized due to injuries from Sergeant Stanley's excessive force after the incident Sergeant Stanley has left the department where he worked for 22 years the three charges against Miss Hancock resisting arrest open container in a motor vehicle and driving Under the Influence were dismissed however the charge of failure to identify herself a fourth degree misdemeanor was pleaded guilty on December 28th 2016 officer Matthew Marcato of the Walnut Ridge Police Department stopped BNSF Railway employee Adam Finley while he was working on Railroad property Finley wearing a BNSF jacket provided his employee ID and driver's license the interaction was cap Ed by Body cam you have anything concealed any weapons anything like that no okay well what's what's with the attitude nothing no you have an attitude and what's your problem I don't have no problem yes you do good I can pull you over if I want that's fine because I have a right to uh ask you what you're doing over there okay it didn't look like you were working sit back for me some too oh you get up on me again we're going to have problem I'm glad you think this is a joke sir I work there what were you doing over there and why AR you in a mar vehicle but I didn't see you doing no work over there and to go back over there and open put your hands on your back yeah you're obstructing with my operation no let me tell you I mean I work for look at all this stuff back there what what did I tell about getting up on me seing around Mr Finley moved toward officer Marcato to open the back door of his truck and show his work supplies however as he stepped forward officer Marcado aggressively shoved him back and placed him in handcuffs which hand on your that that ignorant get your ass over here not I want he stand here you move again what' I tell you about getting up on me I I I wasn't try to tell you something that I could that I work for what did I tell you about getting up on me I'm sorry I didn't now you want to be a I'm sorry you better shut your come here you set your ass right there then you move from there and I'm going to ride your ass you understand I don't know who the hell you think look at me who the hell you think you are where you from where you not a cop like that you lost your damn mind I dare you move from there good I got I got IDE why you driving the I what I think you talking first of all I have to prove why I pull you over you didn't even let me do thator up that's your problem right there how are you if you're nervous for what what did you do right so you nervous about how do you think I feel I'm out here by myself I don't know if you got a gun in there and then I walk up on you and you jump me all all verbally I'm 37 sir right okay we're the same damn a manto man why would you talk to another grown man like the way you did I just asked you why you pulled me over I wasn't I was going to tell you you know by law we have to tell you why we're pulling you over because I can't impede on your civil liberty officer Marcado claimed he was obligated to inform Mr Finley of the reason for the stop but legally police are not required to disclose this during the stop even if their department policies suggest otherwise the Supreme Court has consistently ruled that an officer's subjective reasoning for a stop doesn't affect its constitutionality as long as Reasonable Suspicion exists for instance in United States V Robinson 1973 a stop was upheld despite being a pretext for a narcotic search and in Ren versus United States 1996 the Court ruled that subjective intent doesn't factor into Fourth Amendment analysis even a mistaken understanding of the law as in hind versus North Carolina 2014 doesn't invalidate a stop if the mistake is reasonable thus marcado's failure to explain his reason does not automatically make the stop unconstitutional you didn't let me you become hos and aggressively I did not say one CR word I just said why you pulled me open sir it's how you say things sorry you should be but you're getting ready to go to jail is there anything in here I need to know about for what uh for one didn't I tell you not to get up on me like that that's I stood there sir no you got up on me sir I told you don't get up on me is there anything in this vehicle you need to know about I need to know about I went to Swifton Adam my name is Matthew and this is all being recorded I'm going to let you go but do you understand I could get you for OBU C for government operations just listen to me now ass a peace officer I should take you to jail right now all right let me tell you something when you come in contact with an officer let them tell you why don't just start what are you doing it's just don't be confused I'm going to alleviate all confusion now you put yourself in my shoe sir oh I'm SP your police officer yes sir that's my property right there I'm supposed to watch are you in a marked vehicle that says railroad no and where's your plates from out so now could you see why I be suspicious of what you were doing over there oh yeah yeah and then when I made contact with you you're aggressive and hostile with me verbally officer marado explained his suspicion of Mr Finley stemmed from the fact that he was driving an unmarked truck on Railroad property which could suggest a violation of Criminal Trespass law while Mr Finley was legally authorized to be there as a railway employee the lack of obvious identification on his vehicle may have provided Marcado with Reasonable Suspicion to initiate a stop according to the Supreme Court's ruling in renvy United States even reasonable factual mistakes can justify a stop however once officer marado confirmed that Mr Finley was an employee his continued detention would likely be deemed unjustified and well I mean I didn't mean I didn't mean turn around time my life and do you understand why I put you in cuff sir oh yeah why thought I had a plan attitude no sir was because how many times did I ask you to stop approaching me well I just trying to find something that make you believe me you know okay so let me ask you this you ain't got nothing in your pockets do you okay cuz the next time I tell you something you're going to R lightning all right R lightning I'm going to tase you I'm going to tase you because I have the right to defend myself oh yeah but when I tell you once look at me Adam when I tell you once please do not approach me like that don't come to me like that you have to listen to me oh yeah okay I'm not sure where you're from sir but I I listen to people when they tell me something okay so cop or not manto man all right and this is all being recorded so don't later on try to complain that that I rust you up or anything like that cuz you know I should take your ass to jail right okay y you don't understand that oh yeah cuz if you want I'll take more of your time and we'll go through the books and I'll let you see it I'm good now do you need me to call your boss and let them know that I held you up no I'm good any questions sir no sir do you want me to write my name down and stuff for you I don't know what is it Matthew Mardo Matthew M yes sir okay did we learn anything today Adam oh yeah what learned a lot okay okay have a good officer marado eventually uncuffed Mr Finley after threatening to tase him and take him to jail the situation deescalate and the two shook hands before parting ways without further incident later that day Mr Finley met with Walnut Ridge Police Chief Chris kiry and Sergeant Matt Cook to discuss officer maro's conduct and to file a formal complaint what's your name my name is what's another fellman that's this card the be officer Matthew Mard yes what I saw is you want to keep a six foot distance well he should have stepped back away from me because I couldn't go anywhere sir you seen it I've got I've got I've got the whole entire video can we watch it I watch you have to do it for you on what fre information from what I saw he's lucky he didn't go to jail had for what instruction Justice what do he do interfered with the law enforcement officer's investigation of the how do you how do you do that how do you do that yeah you watch video you find out prosecuting attorney and explained him exactly what happened in this situation and he advised me you have you written a citation mode for obstructing a governmental operation and refusal to submit to arrest so you be when Mr Finley attempted to file a complaint with the Walnut Ridge Police Department he was interrogated by Officer Matt Cook and chief Chris kiry and then issued citations for obstructing government operations and refusing to submit to arrest despite officer Marcato initially choosing not to ticket him while there's no legal ISS issue with the delay in issuing the citations the charges themselves are questionable obstructing government operations generally involves hindering lawful governmental functions and resisting arrest requires using or threatening physical Force however none of Mr Finley's actions as seen in the body cam footage appear to meet the criteria for these offenses you be going to court oh yeah oh okay okay that's so this will be taken into account there'll be an internal investigation but from what is seen on camera and I talk to prosecuting attorney just now got phone with he told me to have you written those citations okay dri so tiet for yeah exactly after receiving the citations Mr Finley fought the charges and was acquitted on April 3rd 2017 by the Lawrence County District Court in Arkansas on April 5th 2018 he filed a civil rights lawsuit against the city officer Marcado officer cook and chief kiry the case was settled later that month with Mr Finley receiving a $57,500 settlement on July 4th 2024 at around 6:00 a.m. a man named John seon was walking with his six-year-old son with autism two officers with the Blaine County Sheriff's Office approached the father and son on suspicion the encounter was recorded by a body camera hey what's going on guys actually go ahead technically not really but I mean it is pretty early in the morning just wondering what was going on that's what we do we get up early in the morning you got your ID on you what do I need an ID for cuz I just asked you for it I don't need that show my ID okay if you don't give me your ID I'm going to take you to jail for failure to identify because I've identified that you've been walking around down here at 5:30 in the morning yeah we do that no you're not give me your ID I don't have my ID on me cuz it's at the house okay what's your name and date of birth huh what's your name and I don't know but you can't run I don't have this is a state where I don't have to show my ID turn you're going to do this in front of my son yeah turn around are you serious yeah turn around my son let me bring my son home first no turn around now bro you need here let me video this real quick I want this on video what are you doing to my bro this is [ __ ] up son it's okay okay BR I promise you you're going to pay for this you think yeah I promise you that we're walking around there's nothing suspicious I've done nothing criminal I don't have my ID on me I told you that and what did I tell you you just slam me on the ground cuz I was trying to record what you keep what are you rolling me on the ground for dude this is ridiculous what think you're doing to my [ __ ] son there's my phone right there too you're a punk ass [ __ ] you know [Music] that in heel V6 Judicial District Court of Nevada the Supreme Court upheld state laws requiring citizens to reveal their identity when officers have Reasonable Suspicion to believe criminal activity may be taking place commonly known as stop and identify statutes these laws permit police to arrest criminal suspects who refuse to identify themselves as of 2013 24 States had stop and identify laws but for all that Oklahoma is not a stop and identify State therefore you are only required to provide identification and answer questions about your identity during a traffic stop you're not required to identify yourself to law enforcement if you were walking in a public area and asked for identification D I can't even believe you're doing this to my son cuz he was walking around on 4th of July have a seat and I'll talk to you hey buddy come here are you okay listen to me are you okay hey qu crying according to Father John seon his son was a police fan and said he wanted to be a police officer one day but we don't know if he will continue to do so after what happened to his father in front of his eyes [Music] people that don't want to identify typically are involved in criminal activity I've known this individual to be involved in thefts in the city of Camp there has been no criminal activity okay listen to me BR we were just walking and when he came up you didn't hear what he said shut up and so I saw y'all walk down the alley behind I saw y'all when I was headed into the office walk down walk across the street yes sir then I got my unit ready while getting my unit ready man I see y'all back in the alley you left from okay we always walk from that alley around that's our houses around that is that why we do that I promise we do it every morning I'm surpris you haven't se so here's the thing that's fine and dandy man but listen we have people that are going down up and down these spray pain in here and shut up yes sir I understand that okay it's the 4th of July man but would came up and like hey shut he just goes I've been called for uh uh what do you say uh investigation of something I'm like what yeah okay so here's the deal though listen when I got there I didn't play games with you I asked you what y'all were doing you said okay I've worked here yeah and that's fine dude I love it that you're out with your kid but it is a little odd okay so when I ask you for your ID you say I don't have any ID so what's your name and date of birth that's all you have to give me give me your name and date of birth what is your name and date of birth I know but it's just because this is your last you're asking me right now I thought my name is John seon 1230 86 okay set tight 12:30 of 86 the police said it was a bit odd that Mr seon was walking with his son we should of course say that it was not odd but the moment the police confirmed that whatever they suspected was not not true that is the moment they had dispelled their Reasonable Suspicion they should have ended the encounter left and left the Father and Son alone instead they asked him for identification and arrested him after this arrest Mr seon had no choice but to provide his information if you find yourself in a similar situation know your rights five weather show one detain clear five check 44s on John SE 1230 1986 okay listen man as long as you don't have like a bad warrant I don't want to take you to jail I don't like taking people to jail I don't like doing what I had to do to you in but you caused it all you had to do was provide the information asked we had we had re no no listen shut up and listen just a minute we had reasonable enough suspicion to identify you that's all that matters but if I do criminal activity yeah but I didn't do no criminal activity yeah no I didn't I do nothing criminal walking with my son okay it's not criminal but we still have reasonable enough suspicion to identify you and if I want to give the ID I can no it's not if the state is not if you want to State it's not it's a state that you they can ID you at any time it's not a this is not a shall ID state but once you're being detained and what was I being detained for criminal like we don't know what's going on but we can call it criminal activity that's not but I didn't do criminal activity sir that thrown down like that in front of my son I didn't even throw you down if you want to know the truth you did and rolled me on the ground sir I rolled you on the ground to times I just making sure you don't have any weapons in there bro it is is true that Oklahoma is not a stop in ID state but even if it were any Court would conclude that the stop was illegal because the police did not have Reasonable Suspicion but that was just a littleit overdoing it when a kid like there it's all I'm saying well you think maybe next time a cop says hey what's your name I don't have my ID though that's I was telling you I don't have it on but I did ask you what's your name and date of birth is I'm not going to sit here and argue with you about it Mr sexon what' you say your first name was John I think got court on eight or 16 okay to County Court yeah County okay you got wants out of see and that's what I'm saying man I've been doing this you got wants out of woods County they don't pick me up I was just okay but here's the thing man it's a it's a ticket that that unpaid ticket okay but here's the thing man typically when a cop's out with somebody and they don't want to identify it leads us to believe that you are involved in more criminal activity than we need to so that's why you heard me saying what I was saying because I'm narating for the camera I'm not this is not my first day on the job okay and I'm going to tell you right now man I'm straight up with people if I tell you to do something you better be doing it does that Mak sense yeah it Mak sense the policeman whose voice you heard is Monty Goodwin there are numerous complaints against him for mistreatment and excessive use of force by civilians and other police officers he has jumped from Department to Department to make it harder to follow up on these complaints because they are not in one system that can be easily looked at so if you transfer to a new Department the first call will come up because you have a clean record in fact for cases like this the police should have a single badge number and they should be registered in the National system in such cases changing departments is used as an escape rout hey you know what may to do you know what I'm saying like I just my son being there it wasn't the right time to do all this [ __ ] yeah well you know what man at 5:30 in the morning bro I get up 4:00 every morning no it's cool man at night 4:00 but put yourself in our position we have a we our job is to make certain that shit's not going on down here we see all the spray painting so I literally saw y'all cross right here at proudy Indians around here running around doing that move to it I got you bro was clear how you get along over there boss huh yeah he's got possible warrants so when I when I was headed in I saw him walk down the alley mhm and then when I move my truck around to the covered stuff you know you can park back here if you want right no I didn't know yeah you can man when I moved my truck back around there like I turned so this is proudy they were already walking out of the alley of noble mhm they walked and then they just turned around and he went right back into the same alley he came from and he was hanging around on the oh it'd be like 101 102 or something like that i' have to go back and look at address he's hanging around back there where they cook All That Barbecue and stuff so that's why we're making contact with yeah when people don't want to identify typically there's something else going on you know what I mean yeah too early for this [ __ ] he like 10 huh he don't have one he got like 10 yeah good he didn't want to identify he got his ass tripped up put on the ground what's he doing so when I came in you know I come from the north I see him across this street crowdy in the alley way it's walking down when I turn to go put my stuff up they don't come out at Noble I get my stuff to go and I move my pickup around back and they're hanging around like the back over there you know where the bar like where TGC is and stuff they're hanging around over there I don't know what they're doing so while Keen finds him walk he su to him he's like I don't have to tell yall anything I said dude it's like you're being detained you know hold on mhm I said what is you give me your ID he's like I ain't giving you my ID I give I don't have it I said okay what's your name date of birth and he said I don't have to tell you something like that so said all right go ahead turn around put your hands behind your back I'll take in for failure identify like you're being detained like I don't know I was fixing the TA walking like you know if we kind of get the situation where we can go over there to TGC and see what's going on and make sure nothing's out of ordinary he's like we're just out walking man we just we walk every day okay that's cool but how much crap goes on in these Al yeah right yeah right so uh he wouldn't turn around and put his hands behind his back so he got the old jerk kick kick your feet out Mar right in front of his kid I hate to be that way what July you know what I mean I mean why is he out 6:00 morning with his kids says he gets up every morning four and walking around you ever seen him no me neither no I call out I call out those yeah purp I don't think I'm out of scope of my job do you no I mean we literally we' been told to extra Patrol because of issues in the alleys and now we're checking out somebody same [ __ ] exactly we got Breakin we got graffiti reports of drug stuff yeah he's got one side of woods Custer K yeah yeah I popped up and I like oh [ __ ] I was finished my yeah I was your not oh nothing super fancy hey I we just we just disposing of I'm cutting her brake not charging for it if you know the church now they're doing evidence correct it's easier not to take it cuz then we have to put it in there and then you have to fill out all the paperwork on it and then they have to fill out a deal and we have to take it to the state and get it disposed marijuana yeah yeah that's the nastiest car r you've ever taken man that put there you go there you go yeah I cut one to break yesterday no DL suspended and no insurance this guy he's and he had weed in his car a little bit of weed but not enough to matter what you got firing here brother I was testing that out trying to figure out why it wasn't working you it won't work on 12vt plugs so I ran it I fuse link it to the battery that's what it was I got to figure out something with mine my computer will sit there and go fck flick flick it just flickers that's what that's what's that's what's happening is however they ran it to any of your plugs is [ __ ] wiring or too much wire you know how Four Eyes they put all the butt joints in it kills your owns or over whatever that's what was happening because this was going on going off going on and that would fry your computer so don't let it stay doing that because that pulse imp pulse pulse in pulse will well what I figured out the best thing to do was uh take it inside put it Tonga 5 just waiting on 44 [Applause] returns Wood County County also advis they have one valid 44 or bable was clear I don't know let's see but yeah I took it inside and let the battery charge and it quit if I get the battery above 80% it quits and it so I think what it is George is the computer battery gets drained so much you know what I mean well it doesn't do it until something's happening charging it it didn't have a problem but as soon as let I just secure that so it wouldn't fall I I love this [ __ ] oh yeah dude I buy if you ever need some H at me I buy I buy a roll about this big I get I make bracelets and I got kind of scopy with it so I've probably got one of every color and I want a shotgun Sling but I want it to be somewhat adjustable oh [ __ ] I don't do I don't do the dog Le or shotguns thing those take for half and I don't yeah those are P out you got to have so much slack you do them and it's like getting a lar rope running it tin Circles of L rope you know well you got to like you said you got to have so much slack to accommodate for how much you're going to take up and my my problem is I always come out that far far too short on something I'm like dang it you know this guy all the name sounds familiar but I don't is this the guy that Travis got into it with it Canon is this the coin the the guy that stole the coin jar off [Applause] the's was clear wood count can be slow yeah what much somebody Hood County Adis total 34,000 just take care of it yeah okay man have a good night see I'm not dumb am I people usually have warrants that don't want to I know but they been on there for 10 years like Lally they're just for Ticket all they are well well here's the thing though are you aware of what they're doing now to so now that I've advised you they're all supposed to put a check mark on or whatever so the next time somebody checks out with you guess what there's a good chance you might go to jail for them so you might want to start getting a hold of them counties and take care of it yeah you got to get a hold of them now they say they used to just put warrants out but they said if you get a hold of them and you can't pay it they'll work with you not put one out but yeah but here's the deal this was from 10 years ago the reason a lot of you a lot of yeah a lot of you guys have strung them out so long now that they're saying hey guess what set them out no yep you can come set them out yeah all right manam Mr seon if you're going to be walking around that's fine but we've we've literally been put on extra Patrol in the Alleyways so that's why you got checked out with and if one if me or one of my officers check out with you at least give them your information okay so you guys have a good day um my phone yeah I do GL you ask i' had to try to come find you where you working at um Apple Market okay man hey buddy see this is what we don't come on son you're supposed to be in there son come on there that's not hard okay we'll go home and all right so listen you guys we don't mind you getting out walking around but when the police officers ask you who you are you better tell them okay come on let's go I'll put these up for you following the incident the state issued a statement that an investigation was underway but no further information was shared Mr seon has filed a criminal complaint on May 22nd 2022 Pastor Michael Jennings a vision of Abundant Life Church in silaga Alabama was watering his outof town neighbors flowers in Childersburg Alabama officer Chris Smith officer Jay Gable and Sergeant Jeremy Brooks of the Childersburg Police Department responded to a 911 call made by neighbor Amber Robertson she reported seeing a younger black male and a gold SUV at the house while the owners were away officer Smith arrived first and approached Pastor Jennings for the other officers got go around howdy hey man how's it going pretty good what you doing here man why they saying that is that your vehicle it's not the neighbors okay you live here no I don't live here okay uh they saying that this vehicle is not supposed to be here and you're not supposed to be here who saying it they called about it I don't know who called I'm supposed to be here I'm Pastor Jenning I live across the street you're Pastor Jenning yes I'm looking out for their house while they gone okay uh they FL okay well that's cool now do you have like ID oh no man I'm not going to give you no ID why not a't did nothing wrong and did look listen listen I'm not saying do nothing wrong there's a suspicious person look I used to be a police officer in good water come here with that okay look man don't do this to me there's a suspicious person in the yard and if you're not want to identify yourself I don't have to identify myself I'm it's not a a stop and identify state that guy know me he came to my story that got brok in I live right over there across the street who call y'all that's what we got to figure out but first who call black man neighbor problem you think I'm not saying nothing about you have no right to approach me if I ain't did nothing suspicious or nothing wrong told him I'm a pastor I Pastor I here sir you want to lock me up lock me up no want lock me I'm not showing y'all anything I'm a Contin with all these flowers I don't care who called y'all lock me up and see what happen I want you to hey man just come here and talk to us what back well if you would let us talk to you we could figure stuff out do it we we're just trying to talk to you man come here 104 we got one that's not listening to look man let me see if pH let me see if phone D just calm down okay no no stop I like this okay we're just trying to talk to you and see I'm not I don't want to argue with you okay all right go ahead do what you got to do do what you got to do go and lock me up just have a locked up already loost do you see just have a seat okay okay I already Lo 313 show us 10261 black man sit sit down sit down man just okay let me call my wife you're not calling my son just got racially profile in uh Michigan he's got his master degree he's the athletic director three police profiling came in I was ex police off goodward I told you I'm a pastor okay look man who called y' don't have you will not listen I have a call on you you have to identify yourself to me you understand what I'm telling you no I don't you watch how you want take me down book me go do what you need to do go do what you need to do I think it's going to be please call my wife right quick officer Gable yelled at Pastor Jennings insisting he must identify himself because of a 911 call the Officers repeatedly claimed they had the right to identify anyone involved in the call however as we've discussed officers cannot arrest someone for refusing to identify themselves unless they have Reasonable Suspicion and the state has a stop and identify law in Alabama under relevant section an officer can stop someone in a public place and demand their name address and an explanation of their actions if they reasonably suspect the person is committing or about to commit a crime although Pastor Jennings was on private property his actions were visible from the public Street likely making it a public place under the law however even if the officers had Reasonable Suspicion the law only allows them to demand his name address and an explanation of his actions Pastor Jennings provided this information immediately saying he lived across the street despite this the officers continue to demand identification which the statute does not authorize them to do we're going to wait off all right well yall sit with him J I'm GNA go over here see if it's this people over here to Call 313 can you have the 72 that call step out and talk to her hey you know what you know what 10:15 10:15 105 I ain't I ain't going to sit there and have that dude you let my wife no you ain't let nothing now 313 show me 105 one black I got to get gas so he needs to go someone else I I mean I don't know if they called look on the log and see who called I mean I saw the go SUV so I saw him outside all I did said hey man do you live here no is that your car no it's the neighbors so I'm going to go over here and run the tag no okay he's not going to cooperate oh no sitting there holling I'm trying to explain to him that we got a call we have the right to identify him and he says I'm talking to him I if you if you're a pastor you hear water in the neighbor's yard that's fine if you got permission no4 33 swapping record 33 on records 33 can you run a 28 for me golden color Chevy Tahoe this is 505 she say she stepping outside you talking to the 72 do you know that gentleman back yeah you do yeah does does he have he lives right there okay does he have permission here to be watering flowers he may because um they are friends and they went out of town today maying their flowers be completely normal okay that's that's fine if he would have said hey I got this gave us identification cuz he's a suspicious person uh he says that's not his vehicle it's their vehicle okay we have a call like we're here because we're called here I don't know who called but somebody did did you call us children's on a 2004 shaving Tahoe no color listed registration is valid 62 temp you did say the name's Roy Malon thanks for yeah he Liv right there and he would be watering their flowers this is probably my fault okay do you know who Roy malum is that's that's the person owns that vehicle Roy Roy ask who owns the house I don't know the guy's name I don't know who owns it's probably it could be their vehicle y uh Mr step out Miss uh sister Connie and uh what you what's wrong with you my c a little bit tight I'm listen them up listen to me man' is that better about to go over to his house listen let let me talk to you who is Roy mil that's you you a't it I'm Michael Jenning sir you're Michael Jenny who is Roy mil I don't know okay that's who that vehicle belongs to yeah that's know his name is Roy that's who lives here that's Roy I call him Roy and call his wife cunny and I've been dealing with him for seven years that I've been living here they are friends okay so you called not because of a car but because you thought saw someone besides him right I didn't know it was him yeah he I got to keep that flowers watered I got to keep their flowers water while they gone you okay and by the way I want to get to come to the graduation but we're gonna give you son something no don't listen listen listen listen listen to me man listen to me anytime the police come out and they say we want to identify you you have to identify yourself because there's a reasonable suspicion there's a reasonable man there's a vehicle there there's a reasonable suspicion that you're hearing there not a crime if if you would have said yeah here's my name here's everything we like okay I told him my name you didn't tell me your name I he asked me who I was I said you didn't give it to me when I first Jen Pastor J that's not a name that's a pastor need name the way y'all hand this situation we're totally wrong well listen you're racial profile we're not raal profile no sir no sir we're not about that I told you I was here one the fly officer Smith insisted that Pastor Jennings was required to identify himself because they had Reasonable Suspicion but he didn't specify what crime they suspected Reasonable Suspicion must be based on the totality of the circumstances considering all factors while 911 calls can sometimes provide Reasonable Suspicion they are not automatically reliable even if a tip is reliable it must suggest that criminal activity might be happening in Alabama criminal trespass occurs when someone unlawfully enters or remains on a property and criminal surveillance involves trespassing to observe someone however when officer Smith saw Pastor Jennings watering flowers and heard his explanation any reasonable suspicion from the 911 call should have dissipated given the clear and innocent nature of Pastor jennings's actions a court would likely find that the officers lack the Reasonable Suspicion necessary to detain him how do I know that's the truth anybody I had water hold in my hand I was anybody can pick a host pipe up he is going to be so pissed when I tell him I got arrested one of his flowers seven years we been we got that look let's sit back in here okay you can sit down give me so we can get this going on the ball all right what is your social I'm not going to give him a social you need to give me your social name that's all I'm going to get you you're not going to run no 27 and 28 on me and get me in the system for no reason all right the girl already told you who I am okay Michael Jen that's all you Micha Jen Michael Jen spell your first name m i c h a e l a e l that's it Jennings j e n n yes sir I N GS GS what's your data bir 11766 11766 all right sit in the car for me yes sir we'll handle this in just a second me can let the window is hot yeah will you let the window down a little bit for him what we going to do with him uh see the charge of I guess disorderly conduct the failure to obey a police officer he refused to give any information I got he said he's not going to give me a social but he gave his name and date of birth okay and she's saying the same thing she won't get her name I mean this could been alloid if he would have just well I told her that and every time I try to tell him he you good man I appreciate this I I appre you know cuz all he does racial profiling he's suing that's all he would say you couldn't talk to well I didn't wasn't going to detain him until he he walked away started coming to the front yard say he's coming to water of these plants and then he gets his phone out and he just keeps speeding walking away and I said okay fine come here point I real he not do what's the charges of just destruction OBU obstruction I'll just do just do a struction obstruction governmental operations yeah we here to investigate a call he wouldn't give us try to call the owner but still I need his name you know we got to have yeah I'll take him over to the PD for you yeah I'll go get gas after arresting Pastor Jennings the officers debated what charge to file briefly considering disorderly conduct before settling on obstruction of governmental operations under Alabama Law disorderly conduct involves causing public inconvenience venience engaging in threatening behavior or refusing to comply with lawful orders since Pastor jennings's actions didn't meet these criteria the officers opted for obstruction which applies when someone intentionally hinders a governmental function through intimidation physical force or unlawful acts however the law requires that the public servants action be lawful for obstruction to apply if a court finds that the officers lacked Reasonable Suspicion to detain Pastor Jennings his refusal to provide identification wouldn't constitute obstruction even if Reasonable Suspicion had existed Pastor jennings's refusal to provide ID wouldn't qualify as unlawful interference making a conviction for obstruction unlikely if there's no uh in the bond book if it's not listed just do the lowest one to 500 I don't know if it's going to be in the b or not that way we won't be charging or anything like that he seems like a reasonable nice guy I don't understand yeah he shouldn't if he's a good water police he said this ain't an identifying State yes it is well I mean I it doesn't matter Pastor or if he's a pastor or not like just talk to us man did you get a phone oh [ __ ] got the H it's okayy working it out it don't work out I can tell you what all happen if you like okay that's my you're good you're good so we got a call hold on his wife is coming so you so you can do this once okay come on I looked at the door Daddy I was wondering where you were I thought you was outside doing to make myself I told I have to myself she came over and told them that I was she made a mistake and they still want to try to do something I'll tell you what's going on okay and and so we got a call here okay just yeah we'll need his we'll need his ID I'm just take his ID and we want us to take his whole wall give your ID I just wanted you know who ID no that's fine f okay um if he don't give me an ID and we don't have a way to identify him I will have to but if he's got it then that's fine okay yeah he's okay so he's been identified he's identified himself identify him and verify who he is and where he lives I'm theion but when we get here of course we're going to immediately investigate the call find him on scene all he's doing is watering the plants and that's not a problem what do you what do you want to we say Hey sir we have a call here um we need you to identify yourself please like no I'm not identifying myself you don't have to identify me so on and he' begin to walk away and we wouldn't listen and walking away so we don't know what's going on got after that we ready for them to contact her her step out and talk to us well she does tell us it's a mistake and all that stuff at this point he's already collected the charge we once we place him on arrest we can't un arrest him does that make sense this is so simple and the neighbor just told him this morning please water the plants to take care he said that but it was all afterwards it was all afterwards and all we told him was like if you're here to water plant that's okay just please identify yourself just your name and let us call the owner and he didn't want to do that until he called the charge so what do we need to do now what he's going to go to the chur Police Department we're going to process an arrest report it's going to be one charge for uh obstruction of our investigation he'll go to the jail he can bond out immediately you can get your bonds it be 10% of B so be like $50 we're not investigating a crime we're investigating a call and we have a right to identify anybody involved he's walking away and yelling us and telling us he has no we have no right and we have a call there but if he wants to fight in court that's fine is it okay if I talk to is it okay no problem need to clear up all right this we got to go Pastor Jennings was jailed and charged with obstructing governmental activity but on June 2nd 2022 Childersburg police chief Richard B mcleland requested that the charges be dropped after reviewing the case Pastor Jennings then filed a lawsuit against Childersburg and three police officers but a federal judge dismissed the case attorneys for Pastor Michael Jennings have filed an appeal in federal court in Birmingham and plan to appeal the decision to the 11th Circuit Court of Appeals in Atlanta
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