Fat Leo. Fat Leo, right there. Spit on my face. Fat Leo. >> Excuse me. >> You're good? >> on that white man. They kicked him and beat him. >> Now, me and my neighbor seen it. >> Out of who? The gentle The gentleman in the gray pants right there? >> Yep. >> He was shooting a gun, about eight rounds or so. >> Showed it. Showed it. >> Then he knocked the female down. Then he knocked the male and a female down. >> Where are those people? >> Right there. >> Right there. >> No, no, no. >> They have green house. >> Them two guys in in the white people right there in this house right here. >> Did anyone get shot? >> No. >> No, BUT THEY BUT THEY SHOT IT. THEY SHOT THE DAMN GUN. >> HIM SHOOTING IT. >> OKAY. >> And then they went >> out. >> I heard it. >> We're going to be right back. >> it. >> Okay. >> But I seen them when they beat that man up. >> What kind of gun did he have? >> It was a pistol. I don't know. Couldn't tell. But I seen him boom, boom, boom. >> Them two right there. Them two guys. They beat that man up. >> The two that are pushing? >> Man, I seen it. >> So, the guy in the gray shorts shot the gun off. The other guy is is kind of camouflage shorts. >> Yep. >> All right. It's the guy in the gray that he's pushing him back. He's the one that shot off the rounds, knocked over the grill, and started smacking a woman who went this way. >> Okay. >> And before Before she got it over here, they got the neighbor's yard and he popped that gentleman in the white shirt. The guy in the gray? And then when another man came out, the one that's up by the door now, that's when the other guy, I guess this is his brother, came over and started jumping him. >> Yep. And they start kicking the man and >> Where are you at? >> We're going to right here. >> Okay. We'll be back to talk to you in a minute, okay? >> On May 2nd, 2023, officers responded to a shots fired and battery call. One arrest, nine charges, 31.2 months in state prison. >> Hey guys, what's going on? >> So, I heard gunshots. >> Okay. >> I came outside. >> Is anyone shot or anything? >> No. They Those two right there attacked me. >> They attacked you? >> They attacked me. >> Why? >> Because I was trying to defend a girl. >> Okay. Do you need medical attention? >> No. >> All right. Just one sec. Hey, he's saying he was battered by these two guys. All right. ALL RIGHT. YEAH. SO FAR, HE'S SAYING HE WAS BATTERED BY THEM. He's bleeding. Okay. Yeah, dude in the gray had the gun. >> Yeah, I know. >> Okay. You don't tell us how this is going to go. You don't get to tell us how this is going to go. We're going to figure all this out. Okay. Why? It's not our fault. We're not taking We're not taking your word for it. We're staying right here. All right. That's what we're going to do. >> No. GO IN THE HOUSE. >> WE'LL LOCK THE HOUSE DOWN. WE DON'T CARE. WE'LL LOCK THE HOUSE DOWN. We'll surround it. Okay. Can you tell us what happened? I don't know if they talked to you yet. Just step behind the car. Yeah, the guy I heard gunshots. Huh? >> And I heard gunshots and he had he was holding he was holding the girl down. She left. >> Who Which one was holding the girl down? >> This one right here. >> This guy? >> Yeah. >> Okay. >> And he was going to >> This one with the jean shorts? >> Yeah, he said he was going to kill her. And the other guy comes up and I said, "Look, just leave her alone." And then they attacked me. >> Okay. You want paramedics? >> No. >> Okay. Which one was it? >> Both of them. >> Okay. For what reason? >> Because I told them to quit beating on the girl. >> What was she wearing? >> I have no idea. >> Okay. what's up? >> Okay, so let me let me tell you like this. Y'all all of y'all It's on Y'all said it's public property. >> Well, we're conducting investigations for really different >> For what? >> Cuz there's shots fired and people are extremely uncooperative. >> Huh? Well, I mean look at all these police >> Yeah, cuz there was shots multiple calls >> WHAT ARE YOU YELLING AT? >> YOU. >> YOU DON'T YELL AT ME. I DON'T CARE WHO you is. That's one thing you not going to do. You going to respect me. You going to have some Respect. I don't care I KNOW. NO, BECAUSE I WAS TALKING TO YOU LIKE A CALM person and the way that you sit up here and you just raised your voice at me. I don't play that. You don't raise your voice at me. You talking more calmly. >> What's up? We had multiple calls for shots fired. That's why we're here. >> Okay. And like I was okay. And like Nobody's hurt. Oh, like I was trying to tell him before he started raising his voice at me. He said that um I was like, "Okay." Then he said it's being being un- uncooperative. But it's like all these police for what? You know what I'm saying? Like >> Well, anytime we get a call for possible shots fired, yeah, there's going to be a big response. You have to understand for one for everybody's protection here, but as well as for ours. So, you have to understand there will It's not like a call where there's a you know, lost cat or something. Not yet. We're all just getting here. So, we'll figure it out, sir, and we'll be out of here in a few >> Okay, so y'all got to do something. Okay, so >> Yep, absolutely. And you don't want paramedics or anything? If you want one, they can come check you out right now. >> I'm good. >> I'm dying. There's something wrong with you. >> Did you lose consciousness or anything? >> A little bit. I'm cool. >> No, you're not. You have cancer. We can't This isn't okay. This isn't okay. >> No, I don't need anything. >> Yes, you do. >> No, I don't. I'm not going to let anybody hurt the girl in front. >> No, I You did the right thing. Uh >> No, he didn't. >> I I he's trying to help her, so. >> So, you didn't at all. Now we're involved and they hate us. He didn't help them at all. >> I just I just Maybe I'll call Daddy again. Like >> Yeah, do me a favor, sir. Just stay away from this area right here, okay? You can go over here. I appreciate it. Thank you. Uh I'm not going to right now, sir. I'm sorry. Ma'am, don't walk through here, please. Just go around me. Yeah, ma'am. >> I'm going this way. Don't touch her. >> Don't touch her. Don't touch her. You back up. Don't touch >> Hey, hey, we're tired. WE DON'T NEED THIS. >> YOU'RE NOT ALLOWING ME TO >> THAT'S A DOG. >> WE DON'T NEED THIS. >> DON'T TOUCH MY >> GO on your way. >> Head up. Y'all want us back up, y'all back up. Show respect. Go in the Go in the Go in the road. >> I'm not walking up on you, but I need to get through here. >> This is a crime scene. >> You're not allowed. You're walking up. Don't walk up. >> Take him. Kill him. Get on the GROUND RIGHT NOW. >> GET ON THE GROUND. GET ON THE GROUND. GET ON THE GROUND. ON THE GROUND. ON THE GROUND. >> CONFIRMED GUNFIRE AND AN ACTIVE battery victim constituted exigent circumstances under Michigan versus Tyler 436 US 499, authorizing warrantless presence on private property. Officers correctly applied it. One officer acknowledged on camera that no permission existed to enter the dwelling. That distinction is constitutionally critical. Outdoor exigency does not extend past the front door without consent or a warrant. Family member shouted, accused officers of harassment, and used profanity. Under City of Houston versus Hill 482 US 451, that speech is constitutionally protected. Arresting any of them for words alone would have triggered direct civil liability under Section 1983. The central arrest stems from spitting on an officer. Under Florida statute Section 784.7, that single act is a third-degree felony. No injury required. Atwater versus City of Lago Vista confirms probable cause for any criminal offense, including this one, justifies immediate arrest. Each verbal threat directed at an officer is a separate charge under Florida statute Section 836.12. Four counts were filed. That is correct. Flight from the scene provided independent grounds for apprehension under Illinois versus Wardlow, 528 US 119. One officer told a civilian, "You'll go right back to prison, buddy." Not unlawful, but a professional failure. ILEACP and PERF standards require officers to reduce tension. That remark amplified it and complicates any subsequent civil proceeding. >> Battery. Oh, battery on Leo, right there. He spit on my face. Battery on Leo. Congratulations, felony charge. Battery Let's all thank you. Battery Battery on Leo. He just spit in my face. Keep adding the charges, bud. Ma'am, can I tell you something? Ma'am, ma'am, what are you doing? Hey, Curcio. Watch her. Ma'am, don't come over here. Okay. He doesn't stay on the sidewalk. Now you're going to jail for another battery on Leo. Two batteries Got it. Battery on Leo, threats to Leo. I hate to let her shoot a gun. So what? I didn't I ain't got no gun. You can't prove that. Where you at? Prove that. Prove that I shot the gun. Who's your ass? Step and shoot. Prove it. >> I mean you stared at me like you probably would. >> Hey! Yeah. >> You stared at me. Your eyes followed me everywhere I >> Y'all CAN TAKE I'M NOT GOING over there, but I am going to talk to my son without your mouth Y'ALL HEY! Y'ALL BACK UP. >> Why are y'all doing this? >> No, we are not doing this. Come out of my face. Come on. They ain't worth it. We got a little work in the morning. They ain't worth it. >> I'm just asking. >> No, I'm just telling you >> to you over here? >> How you telling me to come down when she walking all up in my face? I'm trying to I'm trying to make it a work tomorrow, but I DON'T NEED NOBODY ALL UP IN MY FACE. >> I'M JUST TRYING TO TALK to you. Do you want to talk to me? >> No. >> Okay. >> Absolutely not. I don't have nothing to say to y'all. But I do. Don't try to handle my son. DON'T I'M NOT GOING OVER THERE. This is Okay, that's what you call it? I call it harassment. Oh, I receive a paycheck for what I do too. I call what you call it it's harassing. Harassing. Harassing. And Okay, so I got to So why all y'all is up on him like that? >> Cuz he's not cooperating, ma'am. >> And you're not So you need to put that toy down and get out of my face. FOR ONE BOY? Y'ALL FOR ONE BOY? HEY! Y'ALL GET OFF MY SON LIKE THAT. >> HE'S KICKING HIM. Maybe if they'll let him go >> We're just trying to get him in the car, but he's resisting the whole time. He ran from us. >> like this. Come on now. It's not what you do, it's how you do it. >> Don't run and spit at cops. >> It's not what you do, it's how you do >> That's what he did. IT'S WHAT HE DID. HE SPIT ON COPS. >> WRONG. IT'S YOU WRONG. >> We got called here. We didn't just show up. Put your feet in the car. Put your feet in the car. >> Take his life today. Put your feet in the car. Put your feet in the car. I lost Uh Curcio. >> But it doesn't matter. He has no reason He has no right to >> Speak. >> according to the law. >> Ran well. What do you need to run for? >> Y'all had him on the ground, so where the [ __ ] did he run? >> Let me handle this. >> He was UP THERE WHEN Y'ALL CAME up with tasers on and with lights. So, where the [ __ ] did he run? >> WHERE DID HE RUN? >> LET ME HANDLE THIS, SIR, PLEASE, cuz I'm not trying to go to jail because that's what it's going to get to the point. Now, listen listen to me. Y'all want respect, but y'all don't want to give it. >> to give it. >> So, y'all Okay, then why did you put your hands on my son? >> I didn't touch or arrest your son. >> You just said y'all ran up on him with tasers and put my son on the ground. >> was just shooting. I ain't protecting you. >> But they don't have nothing to do with no shooting. If you want to find out something, come up and ask. Don't pull out your guns and tasers on my children. >> Yes. >> Seriously, y'all Understand what I'm saying? Why you PULL OUT YOUR GUNS AND TASERS ON Y'ALL THEN WHAT? >> That would be bad news. >> I can pull out whatever >> You'll go right back to prison, BUDDY. I GOT NO PROBLEM PUTTING YOUR ASS BACK IN PRISON. I HAVE NO PROBLEM. I am the I TOLD YOU. YOU'RE GOING TO KILL ME? NOW, YOU'RE GOING TO JAIL. ALL UNNECESSARY. >> HEY, I'LL TAKE Y'ALL GOT >> WE DON'T have We don't have permission to go inside of the house. >> He's cracking smoking out. >> Please go in the house. >> Daddy, I do not want to >> I know you don't, but please go Okay. All right. Now what is the problem? Y'ALL GOT MY CHILD all upset and you getting me upset. Now what's going on? Now we ain't got to talk. Now what's GOING WHAT'S THE PROBLEM? I WANT TO KNOW WHAT THE PROBLEM IS. Y'all want to my son in there but you say you're doing investigation. The way you're doing investigation come with respect. Not the manner of the showing y'all authority trying to run over people. What the [ __ ] you mean you don't know what we're talking about? Hell no. Y'ALL WANT A WAR [ __ ] YOU'RE GOING TO BE THERE. YOU CAN'T GIVE me no explanation why should I give YOU SOME? I'M TRYING TO FOLLOW THE Y'ALL TALKING ALL [ __ ] Y'ALL THINK THAT Y'ALL GOT A GUN AND A BADGE ON [ __ ] YEAH, we're just We're just going to collect the gun shell casings and leave. That's it. Yep, 100% 100% 100% sir. 100% Yeah, we're just collecting and then we're going to go. Yep. Yep, I'm counting down the seconds. Trust me. Uh man, I wish we could move faster. Got you. I'm sure you I'm sure that the neighborhood's going to give us plenty of information for that, right? Okay. We're as soon as we're done with it. Y'all have a great night. Take care. Nope. Okay, catch you later. Responding officers, B correct protocol. Fourth Amendment compliance effective de-escalation by one officer. Grade reduced by one antagonistic remark that violated professional standards when the scene was already stabilizing. Arrested subject D, every charge was self-generated. Spitting, verbal threats, flight, and physical resistance produced nine counts with no constitutional violation to challenge. Civilian family members C+ and C, speech was protected. However, the male relative's weapon reference during a shots fired investigation could have legally justified a weapon's pat down under Terry versus Ohio 392 US 1. Key takeaway, verbal resistance has constitutional protection, physical contact with an officer does not. That line once crossed converts a protected encounter into a felony arrest. De-escalation applies equally to civilians and officers alike. 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. >> The one you just took it on. >> All right, everybody back in the cars and we'll rendezvous somewhere else. >> Try to get the victim out of the next door. She doesn't want to be seen by the neighborhood. >> That's fine. >> We'll uh We've got >> got charges on which one? >> We've got charges >> on >> Dude, it's already 10-15 and the guy won't shut up. >> We don't have a victim next door? >> We do. >> We do. >> Yes. >> Do you have a phone number for her? >> I'm going to go grab it. He's cooperative. He just He wants to go to FD, but he doesn't want to walk out in front of everybody. >> Um >> Just battery, yeah. >> Just simple battery. >> There's an allegedly a female victim that he tried to intervene in some kind of domestic. They were beating >> out of this girl. She ran off. >> Okay, so we don't have her. Uh let's get a phone number for her. >> 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.