He didn't tell me why. >> Okay, we don't have to tell you why. >> You still tell me why. >> No, I don't have to. >> tell me why you're arresting me. You still tell me why you're arresting me. You still tell me why you're ARRESTING ME. YOU STILL TELL ME WHY YOU'RE arresting me. >> On November 10th, 2024, officers responded to a Circle K gas station in Ohio following a beer bottle assault at a nearby bar. A victim identified the suspect on scene. Probable cause was established. What followed was not lawful execution. [ __ ] me, bro. Stop. Stop. So, the two two and two causing issue walked around the corner. Taller black male, cream cream color hoodie. Then the guy that hit me with a beer bottle and another gentleman with a beer bottle walked around the corner wearing a black uh black hoodie with uh headphone logo. Okay, real quick, so we can look for him. Do you want charges? Do I? Hey, they're literally right around the corner. So, black black hoodie. Here, let's go. Follow me. Follow me. Follow me. You can follow me so you can point them out. What was the description? The guy that hit you? Said black hoodie, black hat. So, he's wearing a black hoodie. He's got a looks like a pair of headphones. Like a bluish uh some sort of black hat on. Blue jeans. I didn't see anybody when I pulled up. So the the tall black guy at the register right there. Did he have black and white Jordans? Nikes? I think so, yeah. >> right now. Okay, they're both at the register. >> Okay, he's inside right now. Which one is it? >> You all right though, bro? You you're all good? All right, I'm going you have any injuries or anything? I He got hit on the head by a bottle. I mean It was a Modelo bottle. I don't know if it broke. Can you pull your hair over just to see >> didn't break, you're lucky, dude. When it breaks, it Yeah, it split my skull. That's He does it to your [ __ ] head twice. Did he say anything before? Well, I pushed him because he broke a bottle over my friend's head who I guess was starting [ __ ] with the taller gentleman. They were only getting loud though. They weren't getting It wasn't like a physical I mean Well, apparently he's been he was being creepy to Ashley. Mhm. Oh. And she didn't want to have nothing to do with him. Circle K downtown. That's why they kept standing outside. Yeah. You want an ambulance to come check you out for anything? Make sure you're all set. Just to be safe or what are you feeling right now? Oh man, that kind of sucks. I got to work. Uh obviously we're more concerned about your health at the end of the day. That's fair. Might probably be a good idea. Okay. Ambulance called ambulance Okay. Wait, no. I mean Here. Can you come here real quick? Can you Can you come here for a second? Come here. Can you point him out which one to me? The white gentleman. The what? >> next to the chicken in the white hoodie. The one that hit you in the bottle? Yep. Is the tall guy with the tan? The tall guy with the tan hoodie was fighting with another person. >> Which one hit you in the head with the bottle? >> The white guy. Which white guy? The one that Oh, the white guy in the black hoodie right here? The first legal failure occurred before any physical contact. When the suspect asked why he was being detained, officers responded twice that they were not required to explain. That position is constitutionally indefensible. The 14th Amendment's due process clause requires the state to articulate the basis for a seizure within a reasonable time. This is not discretionary. It is a procedural flaw. Silence in place of explanation is not a neutral act. It is a violation. The refusal to communicate created the resistance it claimed to be managing. De-escalation doctrine identifies explanation as the lowest cost intervention available. Officers bypassed it entirely. No. That's not how that's working. Yeah, that is. Yeah, but you got to come out and talk to us. >> We're going to talk to you when you No. Okay. Where are you? >> Who? You. Who are you talking about? I'm drinking. You'll be able TO TALK >> I'M GETTING water from the gas station. You're going to go talk with me. I will cuz I'm cold. No, you're staying right here. What's going on over at the bar? Where? What was going on over at the bar? What bar? The bar you were just at. What bar? Named Wally's. Tell me what you know. Okay, ew. First of all, ew. Okay, back up. He told you to back up in there and then you're going to follow it out here, too. Back up. No, he didn't tell me why. >> Okay, we don't have to tell you why. YOU'RE GROWN YOU'RE A GROWN ASS ADULT. NO, we don't. >> You still tell me >> No, I don't have to. You still tell me why you still tell me why I'm under arrest. The state of Ohio does NOT HAVE TO TELL YOU WHY YOU'RE Why you're me? Yes, you do. >> arrested right now? Why I mean what I'm just >> Did you did you pay for that? Yes, my husband did. Okay. What happened? We're hoping you can tell us. I'm I'm more than happy to tell you what the hell happened. I'm just I just So so we responded to a call that there was a mar- married couple fighting or two or two people fighting arguing. Okay. Okay, so we show up here. I kind of came up late from being honest with you so getting pieces of it together. So if somebody yeah. >> ID you guys as the people who were fighting. Yes. It wasn't. You do nothing to me. Get the [ __ ] off me, bro. Stop. Stop. You're [ __ ] doing it. All right. He invited ME OUT. YOU'RE ON CAMERA. THAT'S FINE. YEP. You got my face in the concrete. I don't know what the [ __ ] I did, but you can't even talk to me like a civilized human being. Give me your name and badge number like you're supposed to. Go ahead. Loosen your hands. I'm not Loosen your hands up, man. Talk to the dude. I don't care. It's over. I'm I'm You're GETTING SUED. YOUR ASS, BRO. GET HIS ID OUT OF YOUR POCKET. YEAH, THEY MY HAND IN THE CONCRETE. Nobody's slamming your head. >> YEAH, YOU [ __ ] ARE. YOU'RE SLAMMING MY HEAD. OKAY, STAND UP. So get this expensive. That's broken. I'm going to break Can I hit that real quick, man? Put me in the car? Nope. All right, that's cool. I got bail, a wallet, and a knife. Yeah. Where's my phone? Is it still recording? I want to pick this [ __ ] up. You got a body camera? Yep. Where's your body camera? You ain't got a body camera? It's really right there, bud. Hey, nobody got a All right, that's He said he lives We had complaints with him for them on file. >> just saying we've dealt with him before. Keith Trion is his name. Keith, I think. We've dealt with him a whole bunch of times. The physical takedown is evaluated under Graham versus Connor, 1989. Force must be objectively reasonable assessed from the officer's perspective at the moment of the decision, not in hindsight. Three factors apply: severity of the crime, immediacy of threat, and whether the suspect is actively resisting or evading. The first takedown following active pulling away survives Graham scrutiny. Resistance, however mild, provides legal grounding for physical control. The second takedown does not enjoy the same protection. Officers on scene on camera noted the subject had been, quote, "reasonable" before pulling away. That admission is a Section 1983 liability in written form recorded on the department's own equipment. Section 1983 of the Civil Rights Act permits civil suits against state actors for constitutional violations committed under color of law. Post-incident on-scene statements are admissible. Every word spoken after a use of force becomes part of the legal record. Officers have no off-the-record conversation while a body cam is active. A separate issue involves an officer directing profanity at a restrained and handcuffed subject. Under City of Houston versus Hill, 1987, profane verbal protest directed at law enforcement is First Amendment protected speech. An officer inverting that protection by directing profanity at a subject who can no longer resist introduces unnecessary civil exposure and undermines any claim of proportional professionalism. The Constitution does not pause because handcuffs are applied. Danielle Kirkendall's charges obstruction under Ohio revised code section 2921 and disorderly conduct under section 2917. Both require affirmative acts. Intentional interference with a lawful function or conduct designed to cause public alarm. Pulling away and verbal protest do not clearly satisfy either statutory threshold. Under City of Houston versus Hill, verbal protest including profanity directed at officers is protected expression. Charging a subject for speech that the Constitution explicitly shields exposes those charges to dismissal and the department to fee shifting under 42 USC section 1988. Copy for your search. for a high risk search. Hey, affirmative. Take him to the other officer for a search. We have an unarrested person we need to search her. Yep. Careful, he's antsy if you guys open it. Where's Where's he at? Where's he at? They might tell us to dispatch sheets that they're that they're detained and that we're confident following. I don't think anybody did. I don't think so. Got her. What? I'm going to give this back to the guy that I got in the head with the baton so I don't forget it. Are you going to be able to search her? Yeah, that's fine. Just hold on. Well, just hold on. >> You got anything on you that's going to stick us, poke us, hurt us? No knives, no guns? Okay. I'm not a [ __ ] gang banger. I'm good. I just Please, let me tell my kids that Can I please text my cousin that he's going to watch my kids tomorrow? She's good. Okay. Can I please text my cousin that he's going to watch the kids tomorrow? Okay. Please. Well, give us Give us a minute. Not at this moment. All right, Daniel. Just stay put for us. Watch your head when you sit down over there. I'm going to go find my dad. Dad? Dad? Dad went that way. Can you take this back to the gentleman that got hit? >> Yep. Yep. Jacob. Yes. Jacob, what's snatched her up. So, she was getting taken to the right now. Uh she was reasonable. You did? Me, Dalton, me, She was There's fourth. I don't know who the fourth was. Whoever did the Whoever took him to the ground there needs to be enforced. He just snatched her up No, he doesn't have her. She was just pulling away. Yeah, she was pulling away, but as soon as I got How badly injured is the dude who gets smashed? I couldn't see anything. So, there's no laceration, nothing like that that I could tell. Is he going to get transported? Um I was letting him talk to fire, and then I was going to go talk to him. It looked like they were about to pull out. I was going to say, I don't think he's getting transported. >> So, I'm going to talk to him again. He's going to be in a a regular assault and Yeah, regular assault and obstruction. Probably. I don't know what You good? Yeah. My knees ate the pavement. Mhm? Dude, um I said I wanted to roll the opposite way cuz that dude and Dalton were going down fast, and I was not ending up under that. I will go over there and do >> get from Dalton? Please. Do you need me or no? Okay. She pulled over here so >> So, if they're talking, I'll stay by her. Where are we going? Just calm down a little bit. But, so we'll see. Keith. What's his name? Keith. Make that a Officers receive a C. Probable cause was legally established through direct victim identification on scene. That foundation is sound. What degraded the encounter was systematic failure to communicate grounds for seizure, a second use of force with self-generated evidentiary problems and language directed at a restrained subject that inverted First Amendment standards. A lawful stop becomes an unlawful one in court when officers cannot articulate why it occurred. Keith Kirkendall receives a B-. His demand for an explanation was constitutionally protected. His request for name and badge number was procedurally correct. His verbal protest fell within First Amendment protection. His physical resistance did not. Under Ohio law, resistance to a detention, regardless of whether that detention is later found unlawful, constitutes a separate criminal offense. The remedy for an unlawful stop is the courts, not physical refusal. Danielle Kirkendall receives a B plus. Her conduct was measured and her questions were legally appropriate. Her charges carry the weakest constitutional foundation in this encounter. Obstruction requires intentional interference. Disorderly conduct requires public alarm. Neither threshold is clearly met on this record. These charges, if pursued, face significant challenges at the statutory and constitutional level. Three operational lessons from this encounter. First, articulating grounds for seizure is not optional. It is the minimum procedural requirement of a lawful detention and the most effective de-escalation tool available. Skipping it is not efficiency. It is liability. Second, every post-incident statement on a live body cam is discoverable. Officers should operate as if the transcript will be read aloud in federal court because it can be. Third, verbal protest is protected. Physical resistance is not. That line is bright and understanding it matters equally for officers and civilians. Let us know if there is an interaction or legal topic you would like us to discuss in the comments below. Thank you for watching.