Go where you need to go. >> my hands. You're abusing me. Please don't go. Oh. I want to file assault charges against this officer, too. He's the one that assaulted me with the fence. They have a scratch on me. >> You [ __ ] monkey. >> A routine domestic call, a backyard argument. What happens next will escalate into a violent arrest and raise critical questions about when citizens must comply with police, what force officers can lawfully use, and how a simple disagreement becomes an 11-year prison sentence. On May 22nd, 2024, Port St. Lucie Police received a dispatch call reporting a domestic dispute at a residential address. Officers arrived at the scene and located a subject actively engaged in a heated argument with a male resident in the backyard. The call was routine, the response standard. But what officers encountered would quickly spiral into something far more serious. As officers approached and requested the woman cooperate, she became agitated and refused to comply with basic directional commands. She began actively resisting police control, repeatedly stating that officers were abusing her and physically pulling away from lawful physical contact. What the officers witnessed was not a confused individual, but someone actively choosing to resist. Under the Fourth Amendment to the United States Constitution, police officers have the authority to conduct seizures of citizens when they possess probable cause to believe a crime has been or is being committed. Probable cause is defined as a fair probability that evidence of a crime will be discovered. In this case, officers had witnessed signs of domestic violence and received a complaint from a resident. That created probable cause for arrest. But arrest authority alone does not grant unlimited power. The Fourth Amendment specifically protects against unreasonable seizures. This means that even with probable cause to arrest, police must use only the amount of force necessary to effectuate that arrest safely. Any force that is clearly more than necessary to accomplish a lawful objective violates this constitutional protection and is classified as excessive force. The legal standard for evaluating police force was established by the Supreme Court in Graham v. Connor, 490 US 386 in 1989. Under this landmark decision, courts must evaluate police force using three critical factors. First, the severity of the crime at issue. Second, whether the suspect posed an immediate threat to the safety of officers or others. Third, whether the suspect actively resisted arrest or attempted to evade police custody. In this case, the severity of the suspected crime, domestic battery, is moderate. It is not a violent felony like robbery or assault with a weapon. However, the second and third factors were undeniable. The subject actively resisted, repeatedly refused commands, pulled away from physical contact, and verbally escalated her opposition. This active resistance is precisely what Graham v. Connor identifies as justifying reasonable force application. Florida statute section 843.02 defines resisting an officer. The statute distinguishes between two categories. Resisting without violence, which is a second-degree misdemeanor carrying a maximum 1-year sentence. And resisting with violence, which is a third-degree felony carrying a maximum 5-year prison sentence. The critical distinction is whether the suspect uses physical force against the officer during the resistance. In this incident, the subject progressed from verbal non-compliance, saying the word abuse, and refusing to move to active physical resistance. When she pulled her arms away from officers, when she struggled against their control, when she used her body weight to resist being positioned or handcuffed, she crossed the legal threshold from resisting without violence into resisting with violence. That single moment transformed a misdemeanor into a felony. >> No. >> Roll over. Lay on your stomach. Stop. Wait. Wait. Wait. Wait. We're trying to fix the car. >> If you give us a second, we'll get you up, okay? >> Stop pulling your arm. I'm not going to tell you again. If you don't stop pulling your arm, it's going TO HURT MORE. >> [screaming] >> STOP. OKAY, WE'RE TRYING TO FIX IT. IF you would stop moving, WE'LL FIX IT. >> [screaming] [laughter] >> STOP MOVING. THE MORE [laughter] YOU MOVE, IT'S GOING TO HURT MORE. Stop moving. Stop. Lay on your stomach. We will fix the arm. >> [laughter] >> Stop pulling your hand. Give me a second and I'll fix it for you, okay? The more you relax and comply, the less it's going to hurt. >> [crying] >> Keep your hand like that. Better? Let me put your You can lift that back up, huh? I'll have somebody come and look at it, okay? When I tell you to stop moving and stop pulling away from me, yeah, but when I told you, we wouldn't have to be in this situation, all right? If I get you up, are you going to be calm? All right, listen. What I need you to do, hang on. Don't go to your stomach. I'm going to sit you on your butt. You're going to kick your leg out and you're going to stand up. I'll help you up, okay? So, roll over to your butt. Put this foot down. I'm going to help you up. 1 2 3 Let's take you to the car real quick. >> What? >> Please be careful with that. That is $30,000 bag. >> I don't care about your bag right now. >> And please put my belongings in there. >> We'll come back and grab the rest of your stuff. For now, we're going over here. >> Why are you taking me? For what? I was the one that called the police. And I'm not getting in the vehicle until you tell me what you're taking >> You're going to get in the vehicle. I'm Stop, because the harder you make this for yourself, the harder it's going to go. >> Okay, I understand. Why? What am I being arrested for? >> Now, stop moving. >> You need to tell me what you're taking me for. I'm not going in the vehicle unless you tell me what you're taking me for. >> You are going in. >> Why? What Oh, okay. Stop it. I'm asking you questions. >> When I tell you, you will. Right? >> That's fine. >> Okay. So, stay right here for a second. >> [sighs] >> Could you let go of the arm, please? It's really hurting my wrist. >> When you don't comply, it's going to hurt. >> Can you fix it? Because it's somehow turning and so it hurts. Can you now tell me what's going on? >> I will in a second. Put your feet in. >> Can you fix my hair? Please. >> [sighs and snorts] >> Put your foot in, please. Put that one in. I got you, man. >> All right. >> Oh, man. >> All right. So, >> I'm >> Garcia. >> Nice to meet you. >> you. So, give me the rundown of what happened. >> Yeah, um I'm over there power washing in my backyard. And um I used to date that girl a while ago in Philadelphia. I moved here at the end of May last year. >> Okay. >> And she put me in jail because I didn't want to be with her anymore. She made up some type of fake stuff like I hit her. I actually went to jail for a little bit. And they let me out because of the fact that you know, I'm like, "Oh, I didn't do You know what I mean?" I just want to let blow it off. And then everything's fine. I went to court. Uh she said I didn't do anything. And I'm just get out of my life, right? And I haven't spoken to her, nothing. You can look at my phone. And all of a sudden, I'm dating this girl, have a job, I'm living my normal life, and she just pops in my back yard. And I don't want nothing to do with her. I'm like, "Please, don't come in my house." Cuz her She's very aggressive. >> So, were you in the porch or outside of the house? >> in my lanai power washing my deck. If you can see, I have all my equipment >> And she hit you when you were back there? >> No, when I was in there, and she was coming in and I was going She's trying to come in. I'm like, "Please, don't come in my in my in my fence." And she's over there going like this to me. And I back up before you know what I mean. Get out of here. And she she whacked the [ __ ] >> out of me. So, she hit you or she punched you or slapped you? >> No, I don't >> So, she she hit you on the side of >> Yes. You know what I mean? Like, whatever. >> Do you have your driver's license on you? >> Um at the house. >> All right, if you want to grab that real quick. Did you guys see everything that happened to you? Did you guys I'm sorry? >> I I saw her spit on him. >> She spit on him? >> Yeah, I got it on video. >> You have it on video? Okay. Is there any way You saw it as well? Or was it just you? >> I we we we we I saw it. >> it? Okay. All right. Is there any way I can get you guys right out of statement form? >> I mean, I don't want to. >> Well, it's willing if not, you know. >> Right. >> I don't want to fill them out. >> Yeah. >> She she saw him hit him. I didn't see her hit him. >> Okay, so you just saw it >> Yeah, I got the video though. >> Okay. Can I see that? >> [snorts] >> Oops, sorry. Look at >> Why is it so fast? >> Hit me. What? What are you going to do now? >> I'm I'm not a woman beater. >> You're a [ __ ] suka. suka >> That's not cool, man. >> [ __ ] suka Your mommy's grave. By the way, I went there, gave her flowers. I got crap on his counter. [ __ ] you. How about this? I wish you WERE [ __ ] DEAD. I warned you for 7 years. You [ __ ] I warned you. [ __ ] 7 months You ruined my life with your English with my second [ __ ] yeah >> I got I got her spitting. >> No, no, no. >> I never did. >> You guys need to get the [ __ ] inside. This is not your business. >> So, leave him alone. Do me a favor and send me that as well. So, hey, let me get your info and I'll send you a link so that way you can send me that. Do you have your uh ID on you? Your driver's license on you? Just so that way I can do it for the report. >> Oh my god. I'M >> [screaming] >> SERIOUSLY AFRAID OF MY LIFE, MAN. PLEASE, PLEASE, PLEASE, PLEASE. I don't know. >> Put your hand in front of you. the other way Which hand? [laughter] >> left That's the right. No. Ow. >> [laughter] >> I'm pressing assault charges. I want to talk to him. >> Okay, give me a second. Stop moving. >> He assaulted me, so I want to file an assault charge. Ow. >> Stop moving your hand. >> I'm not MOVING IT. YOU'RE HOLDING IT. >> YOU keep pulling your hand away. >> I'M NOT PULLING IT. I'M HOLDING IT IN YOUR HAND. I'm not even capable of moving it. I want to file assault charges against this officer, too. >> But, resistance was not the only charge. Florida statute section 784.3 defines battery as intentionally or knowingly striking, kicking, or touching in a rude, insolent, or hostile manner another person. The statute has been interpreted to include any non-consensual contact made in a hostile manner. When a suspect struggles against officers when they pull away with force, when they engage in physical opposition, that physical contact can constitute battery by touch or strike. A third and more serious charge was battery on a law enforcement officer under Florida statute section 784.041. This statute elevates simple battery to a third-degree felony, up to 5 years imprisonment. Specifically, when the victim is a law enforcement officer engaged in lawful performance of their duties. The policy rationale is straightforward. Officers need enhanced protection because they routinely face resistance that citizens do not encounter. When you combine all three charges, resisting with violence, battery, and battery on a law enforcement officer, the penalty stack. The subject now faces a maximum of 11 years imprisonment and up to $11,000 in fines if convicted on all counts. A domestic dispute in a backyard escalated into felony charges with sentences approaching a decade behind bars. The body cam evidence provides an objective record of what occurred. Officers repeatedly used de-escalation language. They said, "The more you relax and comply, the less it's going to hurt." They explained procedures. They offered reassurance. They attempted to calm the subject while completing lawful control measures. These statements are not random. They demonstrate officer awareness of force and explicit communication that compliance would reduce any pain associated with the arrest process. The subject's repeated assertions that she was being abused do not override the legal requirement to comply with lawful police commands during an arrest. Courts have consistently held that disagreement with police tactics is not grounds to resist. The vehicle for contesting an arrest is a courtroom with a judge, not a backyard with police officers. Verbal protest does not negate the suspect's legal obligation to submit to lawful custody. A second legal principle becomes critical here. During lawful arrest procedures, citizens have a legal duty to comply with police commands. This requirement exists even if the arrest itself is later determined to be unlawful. Berkemer v. McCarty, 468 U.S. 420, established that resisting an officer can result in charges even if the underlying arrest is found to be improper. The proper time to challenge an arrest is after the fact in court, not through physical resistance at the scene. The subject alleged that the male resident had assaulted her with a fence and that officers had assaulted her as well. These counter allegations raise important questions about evidence evaluation. However, body camera footage provides an objective record. The video shows it was the subject who initiated physical contact with officers, not the reverse. The evidence captured demonstrates who escalated to physical resistance and in what manner that resistance occurred. If the male resident did commit battery with a fence, that would be a separate criminal matter requiring independent investigation. Florida law requires police to investigate all allegations of criminal conduct. However, the subject's claims about third-party misconduct do not justify her own physical resistance against officers who were attempting to effectuate a lawful arrest based on probable cause they already possessed. >> Within 24 hours. >> Because it's domestic related, you will see a judge for the first appearance. Yes. Okay? All right. So, she's going to have to go. So, you go ahead and go up there with her. Bring your computer. And then we'll So, they bring you back here. Bring your car back over. Actually, I can probably get Ben to go. Let me get Ben to go. >> I have to find him a lawyer. >> I need to file assault charges. >> Is your car going to have to get towed? >> I have family here. >> I need to file assault charges. >> I understand that. That's what I'm here for, to make sure that my job my officers did their job appropriately, okay? >> But I need to file assault charges. So I don't How do I do that? >> On who? >> On for hitting me. >> So that's why we're here. We're investigating the crime of a battery. >> Right, but you're the one taking me to jail, not him. He's the one that assaulted me with the fence. >> The evidence right now proves otherwise. >> He's the one that assaulted me with the fence. >> Ma'am, I'm telling you what I'm what I >> I have a scratch on me. How is that a fence? >> I told you what I told you. I'm going to get an officer to transport you, okay? >> This is [ __ ] Wow. >> I'm going to have you sit down here with me and sit on the stretcher, okay? >> Wow. >> What's that? >> I Do I have a choice? >> She might. Ma'am, you can sit here. Where did she go? Ma'am, we're going to go right to the stretcher, okay? Do you need to help me? >> I don't know what to do because last time I did something I now am assaulted charged with assault. So you tell me what to do. >> You're in good hands right now. Just take a step out onto the pavement here and we're going to go right to the stretcher. Sit up. Very close by. >> Are we staying here for this call? >> See if we can get you a little more comfy on this on this stretcher, okay? Go ahead and have a seat right here for me. However you got to do to get comfortable, okay? You want to put a >> Yeah. >> Yeah, just stay there. Uh okay, so here's what we're going to do, okay? I'll lower the head back some. I need you to lay on your left side, okay? >> to do that? >> You know what I'm saying? That's very that's very doable. Right side, left side, whatever's comfortable. >> It'll >> I'm going to lay you back, okay? If you want to lay >> not comfortable. >> One critical lesson emerges from this case. Resistance during lawful arrest creates additional criminal charges and exponentially increases the risk of injury to yourself. Every moment spent struggling increases the potential for injury, extends the police encounter, and adds separate felony counts to the charges you face. Compliance, while preserving your right to contest the arrest afterward through counsel, is the legally and physically safer course of action. A second lesson. Accusations of abuse during arrest do not justify physical resistance. Courts evaluate whether force was excessive only after first determining whether the underlying arrest was lawful. In this case, the arrest was lawful. Probable cause existed. Officers had authority to seize the subject. Therefore, any force used to overcome resistance during that lawful arrest must be analyzed under Graham V. Connor's three-factor test, not under a standard that assumes the arrest itself was improper. The body cam becomes the truth-teller in cases involving competing versions of events. The subject claimed officers assaulted her. Officers documented her active resistance, her refusal to comply with commands, and her physical opposition to control measures. The video allows judges and juries to see what actually happened rather than relying solely on accusations made afterward. This objectivity serves both the accused and the accuser. A third lesson for officers. The use of force must be calibrated to the level of resistance encountered. Graham V. Connor requires proportionality analysis. Excessive force, force that is clearly more than necessary, violates the Constitution regardless of whether the arrest itself was lawful. Officers must continuously evaluate whether the force being applied remains proportional to the ongoing resistance. De-escalation language as captured in this body cam strengthens the legal position that force application remained within constitutional bounds. A fourth lesson. Post-arrest procedures matter. The body cam shows officers arranged emergency medical services to evaluate the subject before transport to booking. This procedure serves multiple purposes. It ensures the suspect's medical needs are addressed. It documents the physical condition of the subject at the point of arrest. It creates a record that distinguishes injuries from resistance versus injuries from alleged prior conduct by third parties. The subject was arrested and charged with three offenses. Resisting an officer with violence under FS 83021A, battery by touch or strike under FS 784.031A, and battery on a law enforcement officer under FS 784.411. If convicted on all counts with penalties stacked, she faces maximum sentences totaling 11 years imprisonment and $11,000 in fines. All defendants in the United States are presumed innocent until proven guilty in a court of law. This foundational principle of criminal justice applies to this subject as it does to all accused persons. Charges do not equal conviction. The state must prove guilt beyond reasonable doubt before a judge or jury at trial. Until that moment of conviction, every person charged with a crime is legally innocent. This case illustrates the critical collision point between arrest authority, reasonable force doctrine, and the citizen's legal obligation to comply with police. Understanding your legal rights and your legal duties can prevent escalation, reduce risk of injury to yourself and officers, and preserve your ability to contest the arrest afterward through proper legal channels. The law provides remedies for unlawful arrest. Those remedies are found in courtrooms with counsel, not in backyard resistance against police.