A family UFC night, a beer thrown. What happens next caught on body cam? What you're about to see raises serious questions about use of force Miranda writes and what happens when a teenager refuses to get in the car. When officers arrived, the subject was outside agitated and immediately non-compliant. Under Terry versus Ohio, officers may conduct a brief investigatory stop when they have reasonable articulable suspicion and hear that threshold was cleared before they even stepped out of the cruiser. The commands were clear, the warnings were audible, and the subject did not comply. Under Graham versus Connor 490 US 386 1989, use of force is judged by objective reasonleness, not by hindsight, and not by the subject's intent. Three factors matter. Severity of the crime, whether the subject posed a threat, and whether he was resisting. When the taser was deployed, all three Graham factors were present. Property destruction confirmed. Officers faced active non-compliance. The subject was advancing. The deployment was LEGALLY SOUND. >> GET BACK NOW. [screaming] >> GET ON THE GROUND OR YOU'RE GOING TO GET LIT UP ON THE GROUND NOW. >> WAIT, WHAT? >> Turn around. Put your hands behind your back. >> ON THE GROUND. GET ON THE GROUND NOW. >> AFTER CUFFING, the subject claimed osteoarthritis and requested the handcuffs be loosened. Officers are constitutionally required to address serious medical needs under city of river versus Massachusetts. General Hospital 463US 2391 1983 officers made visible efforts to comply that matters for civil liability. >> Taser taser. >> I'm helping. I know it's my brother. >> It's a taser. Relax. Just relax. We'll be back for you. >> Stop. >> Get on the ground. You're going to get lit up, dude. >> Listen to them, dumb ass. Stay back. Stay back. >> We got you, dude. It's not going to hurt. >> He broke the door. >> No, it's just us. >> He broke the TV. He broke my door. >> Okay, so what happened? >> I was in bed. I was sleeping, but like he's out of control. He was on top of him and he wouldn't stop. Y what am I going to when somebody's out of control? How am I going to get off of him and then he can come at me and stab me or attack me? You like you're out of your mind. >> Dude, you got to get you got to get >> Did your brother take any drugs tonight or anything? >> Drug custody. >> Here's the Miranda problem. The subject was in custody. Officers ask questions, but no Miranda warning is audible in the footage. Miranda versus Arizona 384 US 4361966 requires warnings before custodial interrogation. Any incriminating answer to a direct officer question post arrest without a warning could be suppressed. However, spontaneous statements are a different story. Under Rhode Island versus Inis 446US 291980, if the subject volunteers information without being questioned, it's admissible. I'll let you know when I get out of jail. That's a spontaneous threat. It goes in. >> You tase me. >> I'm let you know >> whenever I get out of jail. >> You calm down. >> I'm about to be a Marine. >> Just calm down. Okay. >> Put your other hand behind your back, bud. Relax. >> I'm sorry. Yes, I have a reason to apologize. I'm sorry. >> Yeah, no worries, man. Listen, dude. >> Don't worry about it. >> All right, relax. >> All right, relax. >> I'm about to worry about it. I got Oh my gosh. >> Relax. >> I want to let you know >> what's up. this up my my my ship for being a marine. >> I don't need a shirt. The only escape I have from my house if y'all take the Marines away from me. >> We're not taking anything away from you, dude. >> Got to calm down, though. >> Until I beat the brakes at the >> I'm never coming the off me. Stand you up, dude. >> Get up. >> Get up. >> Stand up. Stand up. >> Shut the up. Stand up. >> Stop. Stop. >> Yo, your bro, put me in here. Go. How about How about you press Relax? Relax. >> Go inside. >> The subject then refused to enter the patrol vehicle for nearly 10 minutes, demanding his phone first. This is an illegal right. A lawfully arrested person does not control the terms of their transport. Refusing to enter a police vehicle while in custody constitutes additional obstruction under most state codes. He also stated directly on camera, "You physically cannot put me in the car." And later, "I'm going to strike." Under applicable threatening statutes, placing an officer in reasonable fear of imminent harm is a separate chargeable offense. He said it, the camera recorded it. That's four counts of threatening, not an overcharge. >> Get back. >> Any way y'all can loosen these in my >> Yes, I am. I'm going to try to give myself right there now. I promise you. >> Just relax. I understand your shirt. No, I have rights. I have osteoarthritis. You have to loosen the >> We are dude. I'm going to put you up against the car. We'll get you a shirt and I'm going to loosen them. Relax. >> How'd y'all grow up? >> Loving parents. >> No. >> Yeah, you did. >> Why was your drug addict? >> Hey, guess what? My mom's a >> That's why I'm going to the Marine Away from these. Thank you so much for Thank you so much. >> All right. >> I'm really sorry. I'm just really angry. >> No, I got you, dude. >> I got you. >> All I just said, what's up, >> dude? You got him. >> Who think you think? You think you're so >> what's put your hand on my th way you can win a wrestle fight. >> Dude, we're trying. >> We're trying to loosen your cuffs for you, dude. WHOEVER THESE STUCK UP, >> DUDE. STOP. >> JESUS, MAN. I'm trying to loosen these for you so they don't get tightened up on you and your me. Relax. >> That's how you grew up. >> I just told you this one tight. >> You tighten. You you you you loosen it and then you bind it again. >> No, it's tight. Look, I can fit my hand. >> I can fit my finger so hard. If anything happens to my wrist and I can reason I listen this one. Are you going to knock my camera off again? >> No, no, no. I'm sorry, sir. I'm really angry. I'm sorry. >> Is that better? >> No, you just you you lose. Please. >> You can't go any looser. >> I have OC. Please do not push it up. Please. >> It's not. I'm locking it now. You can't lock. >> You just made it tighter. Stay here, bud. >> [ __ ] get the Stop. You have to stay here, dude. >> Stop, >> dude. Why do you keep doing this, man? Relax. >> Weak as [ __ ] bro. You know what I'm saying? Like, damn. Buildings are cops. Aren't you supposed to be the defenders of the public? >> Well, I'm trying to hold once in a lay. That's crazy. Jump in, dude. Let me get your shirt. What the is this string [ __ ] on me, >> dude? Just have a seat here. >> I need water. I'm not going to lie. I'm calm this [ __ ] I just Hold on. Okay. >> Okay. >> Please, just pull it off. Hold my arms. Hold my arms. Let me eat the snow. Please. I'm really calm now. >> You want me to pull it out? >> No. No. Just hold my arms so I can eat snow. I'm really calm now. >> We're going to get you. >> JUST EAT THE SNOW. >> YOU GOT TO SIT DOWN. >> CAN I GO on my knees? Can I go on my knees and eat the Why Why can't we just get you a glass of water? >> Sorry. >> So, what what happened? >> Family witnesses confirmed speaker thrown window broken TV punched metal chair thrown at the brother. No weapons drawn, but the conduct establishes thirdderee assault under the physical injury or reckless endangerment standard. Two victims, two counts. >> Everybody just got angry. >> I basically got to watch the full thing unfold. He was standing there. These two were bickering back and forth. They're brothers. And >> uh eventually at one point he he started to lose it. He was just like, "I don't even love you, bro. Like I don't even think of you as a brother." And then he really started to lose it. He started to throw stuff at him and then he charged at him and >> he tried [clears throat] his best to hold him down and then he just went on a rampage breaking >> y >> anything he could do and then >> okay >> it just >> I had to run down the road and then I heard my mom yelling so I came back and then >> he ran right at me again. >> Yeah, >> I think [sighs] >> see that really helped her. >> Okay, I'm getting that car until officer here. >> He's not on >> I don't give a [ __ ] You hear me? Get officer here then I'll get in the car. >> Can we get you in the car, dude? >> It's a little hot. You got the AC? >> Yeah, we got whatever you need, dude. I'm just trying to work with you here, bud. All right. So, come on up. No, please come on up. You got >> All right. Can you stay with him, please? We're going to need >> the Why you grab a Who the Are you kidding? He does not do drugs. >> So, >> this is insane. This is out of >> So what what what so what >> we're watching we're watching UFC. >> I'm sitting on the couch and he he's being he's being malf >> and then he's right here where you are. I'm right here >> and he starts like, "Oh, I don't love you. You've been all this all this all about my life." Throws a beer at me. So I toss it back and then instantly grabs the speaker, throws it, breaks the window. doesn't care about the window. Grabs a chair, throws it at me, and runs at me. >> And then that's it. I blocked out from there. >> Why is an ambulance coming here, man? Nobody needs that. >> What is that? How much voltage is on your taser gun? That [ __ ] was those are >> I came down um to get try to help get them broken up. He got off of them. >> Yeah. >> I'm trying to leave. I'm trying to leave. >> Yeah. He he was trying to try to I tried to slow him down. I lost my balance. I came down. I put my leg up to try to stop him and he just started. >> And mom, were you involved at all in this? Did he >> just walked in and saw them and they broke up and >> Well, be careful with your hand, bud. >> Yeah. On the ends just >> I'm not leaving without my phone. >> All right. It's going to take us a couple minutes to find it. >> So, why can't you just hold me down and let me find it in the family room? >> No. >> Why? You're making everything longer. I'm in handcuffs. YOU THINK I'M GOING TO KILL you in handcuffs? >> Well, you can't go back in there right now because you family. I know it is. >> Phone. >> Sorry. No. >> I I have somebody I need to call after tonight. >> What are you What are you sh >> You can have a phone call when we get there. Have >> a phone call with my phone in my hand. >> No, you're not going to have your phone. [snorts] >> And I'm not getting in the car. Cousin. Cousin. Whose pocket? >> You. >> I'm not getting in the car without my phone in my pocket, >> screaming. I can't let go. I can't let go. He's going to come at me and attack me. And then as he got up and then he [laughter] WENT AFTER MY BROTHER AND JUST started punching him. And then they went out. HE WENT OUTSIDE AND GET away from him. And then I went outside and [snorts] then he came in and then they were trying to shut the door on him. >> I was out there. He pushed me. >> Okay. >> And then that he got in the house. And that's when he >> punched the TV. >> Okay. >> Broke it. Started took everything that was on this. >> That's just >> officers throughout this encounter showed notable restraint. Extended negotiations, repeated deescalation attempts, no punches, no pain compliance beyond the taser. The standoff over the phone lasted nearly 10 minutes and officers maintained composure throughout. However, one flag the body camera was knocked off during the struggle. Any gap in footage can be scrutinized by defense council. Under Brady versus Maryland and General Discovery Principles, missing footage raises foliation arguments even when accidental. The subject repeatedly invoked his upcoming Marine enlistment. That's not a legal defense. It is, however, a relevant factor at sentencing. A judge may consider it as evidence of future law- abiding intent, but it doesn't erase the charges. >> Came in here and just >> So, he was threatening to stab you outside. Did he come at you with a weapon or anything like that? No weapons. Okay. >> And does, you know, I know he's got anger issues from, you know, dealing with him in the past. It it just over UFC and nothing was going on and he just >> it it turned into just he got personal and >> it was just saying I hate you. I've hated you all my life and then it escalated from there and then he just got really mad. >> How much would you say you had to drink tonight? >> Uh I wouldn't say anything. >> Okay. Well, I mean there's something on board tonight. You know what I mean? You don't pull taser like you don't pull tasers out of your chest. I don't care who you are unless you're on PCP or something that's disconnecting the brain. >> He did he out a few drinks. >> Okay. >> Well, he came into the living room earlier and was just like >> weird me. He was just like, >> you know, what are you talking about? >> Out of nowhere. It was the weirdest thing. Out of nowhere, it was the weirdest thing. And I was like, where is this coming from? And I just stopped talking to him. I was just like, >> he went through a bad breakup. He went through a bad breakup. And I understand. >> Well, he mentioned her and what was that? >> Gotcha. >> And then everything was quiet for at least >> we watched UFC and then >> and then UFC was over and he just started screaming at us and just Now the scoring officer's command presence strong use of force legally justified deescalation effort above average Miranda compliance that's the weak point if statements were obtained without a warning during custodial questioning the prosecution has a suppression problem subject score compliance near zero verbal conduct threatening and recorded physical conduct resisted taser resisted cuffing the charges fit the conduct >> even if we got your phone while we're transferring it's not Why? >> That's not how it works. >> Okay, I respect that. But if the phone is being transported, you can keep it in your pocket. As long as the phone is near me, I need to call my dad. >> You can use the phone when we get there. You're not going to use it in >> That's fine. As long as the phone as I can if I see my phone in somebody's hand while it's being transported, I'll get in the car gladly. I don't need my phone right now. I just need to see my phone. >> Let's get you in the car. I'm not getting in the car. I'm not I hope I No, I'm not more. I'm not cold. My feet are cold. I'm not cold. >> We need your cooperation. >> I'm cooperating fully. I need my phone in that car. >> I'm not cold. I don't need to get in the car. >> You're all over the place. >> Well, we have to take you regardless to go. >> We have to call the police phone. >> Sorry. Regardless, you're not you [clears throat] three of y'all cannot physically put me in a car cuz you can't physically you can't. >> You were You originally told me that you worried about the military and how this can affect. >> Okay. Well, then don't fight with us. That's not going to help. >> I'm going to the police. >> I'm going to the police station. I'm in handcuffs. >> I I get that. >> I'm I'm not getting into the Marines now. >> No. Why are you Why ARE YOU LIKE NODDING YOUR HEAD? LIKE WHAT DO YOU TELL? We don't have I don't know what to tell you. >> I know any arrest. This What is this? Is this an arrest? >> Yeah. Am I I'm detained. >> I can't get into the Marines. The only escape I have from this >> I don't know how it works. Honestly, I don't know if that works. >> I just told you how it works. >> I just told you how it works. >> Okay. Well, it's not our fault that you're in this situation, but we we're trying to work with >> Why was I tased in the first place? >> You weren't cooperative and you came at the officer in an aggressive way. You think I'm going to assault a police officer? >> You just told me you're going to fight with us. I said >> I'm not going to fight with you guys. I'm going to straight cuz I'm not getting in the car without my phone. That's what I said. >> You said we physically wouldn't be able to put you in the car. >> Cuz you can't look at your delane. Sorry. You can't. I'm just saying you can't wrestle me. >> It's like a friendly competition. You know what I'm saying? You can't arrest me. >> What do you mean? Okay. >> Okay. What do you want me to say to that? >> I don't know. You're talking about me combating. You guys arrested me. So, I just rebuttled you saying you can't if I had if I didn't have these handcuffs on. >> So, again, briefly, can you explain uh what happened? You guys are watching UFC. He had a few drinks earlier, was acting weird earlier in the day and then all of a sudden started getting personal with you. >> Started getting personal and then it just completely escalated. [music] >> Okay. And he threw a beer at you and that's when >> threw a beer. I tossed one back. >> Yeah, of course. and then picks up our we have surround sound. So he picks the surround sound, throws it at me, breaks the window. >> Okay. >> And I'm looking at the window and I'm like, "What the?" Picks the chair up, throws the chair. >> Which chair did he throw? >> Uh the metal one that >> metal one. Okay. Did that hit you at all? >> No. >> Okay. >> And then uh came at me and then obviously I held him down. I was trying to stop him. >> Yep. Then your uncle came in to try to break it up. >> Well, I was holding him down and then I was yelling. Hang on. Sir, >> it's a mess. They're cleaning up the windows. >> If you go in there and ask anybody any questions, they're all a bunch of >> besides we have over. >> So, I'm holding I'm holding him down and then >> trying to tell I'm I'm I can't let him up. >> No, no, no. I I get it. >> Yeah, he's >> And then comes in. Everybody comes in. Some people start grabbing him. I get up and I run. >> They told me to run. Got you. >> So I run down the road and I'm hearing screaming. So I start walking back. I can't feel my feet. I'm I'm barefoot outside. >> I got you. >> Come back. >> I couldn't see in the dark. I can't see. [clears throat] >> He's in the dark by the curb and I'm walking back and all I hear is footsteps. He runs at me, attacks me. I run towards the door. >> Is that when that guy? >> So So and then he punches me in the face. I tackle him. I'm holding him down [clears throat] finally. And then if people come outside >> and then I run inside. >> Do you have those phone? >> Why does he need his phone? This kid's going to prison. He's not phone. >> So when when did the uncle come into play? Was did he attach it? >> That was prior. >> Okay. So you didn't even see that happen. >> I was hearing >> I got to ask is he on medication for anything for like he's high? >> Well, we have to go and we have to do this work. >> I have Okay, we can go. I need my phone. >> Sure. I'm going to go in there and look for the end. >> I'm not leaving by the cushion, right? >> What? >> You said it's by the cushion. >> Sir, it Why don't you go in there? >> I did. >> Okay. How about you go in there, tell everybody to clear the room, stand by the door, so I I physically can't harm anybody even though I'm in handcuffs. >> We're not going back >> and let me grab my phone. >> We're not You That's not how it works. You don't get to make the rules. So, >> I don't I'm not saying I get to make the rules. I'm asking you for permission. >> No, I can't bring you back over there. >> Why? >> Because you just fought with everybody. I can't go back one person. Two people cuz putting his hands on me. >> So, can we walk over to the cruiser? >> We can walk inside so I can grab my phone. >> We're not going to go. >> So then, no, I'm not. Why are you asking the same questions when I'm not leaving without my phone? Like, stop. It doesn't make I'm sorry. I'm not trying to raise my voice or sound like a [ __ ] but I'm not leaving without my phone, sir. Okay. >> Well, I'm telling you, we have to go. So, I'm not going to bring you back over there. I will. And you're also not going to force me in a car. >> See, this is >> You need four tasers. You need four tasers. At least >> this is where it's going to be a problem for you. >> It's already a problem. My life is now ruined. I can't I can't. No, it is. It is. All I wanted to do was be a Marine. Now I can. >> It's not on today. >> Why? >> He's not coming. >> Well, can I see him? >> Well, can I see him? >> It's not his shift right now. He's not coming in for this. >> Okay. Can Okay. Realistically, this isn't Can you both all three of y'all sit behind me so I can put my hands through my shirt, please? This is really uncomfortable. >> I Here's the deal, >> right? >> You Why? First off, why am I in handcuffs? I'm ne I would I would never go to jail for assaulting a police officer. So, I'm sorry. I know I seem aggressive right now. >> Are we just going to stand here? We're >> We're waiting for you to to >> I'm complying. Oh, trust me. I'm complying. So then let's walk. We got to walk in this cruise. >> Dude, I know for a fact you guys are not going to get my phone. All I want is my phone. I know you guys are not going to get it. Just Just let me grab my phone or whoever. >> You cannot go back in there. >> Then go find my phone. >> He [clears throat] already went. >> We'll go back and do it again. But now you you're not going in there. >> Find it. >> You're not going in there. [snorts] I mean, dude, pull your gun out and point it at me while I search the room. Like, are you scared? I'm in handcuffs and there's 80,000 of you. Like, am I wrong? Why can't I just go look for my phone and you clear the room? I don't get it. I just need to call my dad. >> That's what I was going to say. You can call him from our phone. >> I don't have his number. I don't know his number. >> I'm sure your brother does. I'll get it. He doesn't >> saying I understand you. >> Then say I understand you next time. >> Can you stop using the n word and talk like a gentleman? >> Uh I'm uh do what I want. How about that? >> Oh, like is that the alcohol that does that usually or? >> This is this is the craziest thing I've seen in my life. [laughter] I've never seen him angry like this ever. >> To attack my brother and punch the TV and then >> attack me like that. I've never seen that. >> Never seen him like that. Okay. >> No, he wasn't saying anything. He pushed me down out there. >> Okay. >> And actually, he pushed me down right there. And then he took the chair, the wooden chair, and he went to throw it at me, and someone grabbed it. >> Okay. >> But he didn't say a word. >> All right. Are you injured at all when you fell? Okay. [clears throat] >> Are you feeling pain at all? No. >> Just Okay. >> I appreciate it, bud. Is your Did they say your nose is broken, bud? >> They They said possibly could be broken. >> Okay. Did I in any way make you guys feel threatened tonight? >> Yeah, you weren't cooperating at all. We're trying to handcuff you. You're running down the road. >> I turned back. >> You're You're threatening that you're going to shoot us when you get out of jail. >> Shoot us. >> I mean, >> when did I say I was going to shoot you? >> You did. >> Everything's recorded. I I don't know what to tell you. I'm answering your question. >> Well, okay. Sorry. I don't remember that. >> Yeah. And since we've gotten here, you said you were going to pick us all out. >> Oh, 100%. Oh, 100 times. >> Listen, if you are ever in a domestic dispute that escalates to police contact, anything you say after arrest spontaneously or in response to questions can and will be used. The body cam does not stop recording because you're emotional. It keeps rolling. For officers, Miranda, timing matters. The moment a person is in custody and you ask a question designed to elicit an incriminating response, the clock starts. Document the warning. Say it on camera because if you don't, the DA has to argue around it. Final charges, two counts. Thirdderee assault, seconddegree breach of peace, four counts, threatening interfering with a police officer and resisting arrest. Every single charge is captured on this footage. If you want to understand your rights during a police encounter or analyze more real body cam footage with legal commentary, subscribe and hit the bell. Every case teaches something different. See you in the next