I want to take you to the hospital I don't need to go well it's one or the other miss this is this is not dignity it's probably been an hour since we dealt with you and you are still at like a 9 yeah on December 23rd, 2 thousand twenty three Port of Seattle Police responded to a disturbance at the Alaska Airlines ticketing area inside Seattle Tacoma International Airport a 39 year old former Marine identified as Jason had missed his flight and was causing a scene before any crime was committed the first responding officer addressed Jason as cowboy triggering a sustained hostile response what followed raises three distinct legal questions this analysis will examine in sequence don't call me cowboy first of all OK what's your name what would you like me to call you call me by my name what is your name I'm Jason I'm a former Marine don't call me cowboy I'm sorry I called you that don't call me cowboy how can I help you today Jason can you take me somewhere where I'm not being bold in the public OK let's let's talk about it a little bit I'm sorry what do you want to talk about I'll tell you why we're here so we got called cause someone said you were yelling and it's an international airport so can I help you solve your problem while we're here go yourself reverse okay go yourself okay you came up and called me cowboy I did okay so you go call yourself you want a party let's party don't f*cking call a f*cking Marine a cowboy come up here but you're a party let's party call me a f*cking cowboy one more f*cking time call me a cowboy one more time cowboy what do you have officer you cowboy you wanna call me a cowboy one more time you what the f*ck does that even mean you what what can I help you with tonight nothing I don't even know who the f*ck you are I'm a police officer don't call me cowboy OK I've already apologized for that I don't give a f*ck who you think you are OK don't come do you have a do you have a ticket to fly tonight of course OK where are you flying I don't wanna talk to you anymore OK is he still I don't wanna call to you when you came up and call me cowboy so Jason right now it sounds like you don't have a ticket to fly in Alaska I do because of your behavior no I do okay first of all don't call me that was my biggest problem with you I apologize for that I'm sorry okay well we're cool now okay if we're cool now that's great we're here don't call me Cowboy Jason no don't call me cowboy listen Jimmy I need you to calm down right now what am I gonna do I don't know Alaska go ahead don't call me Cowboy Jason can I give you a bottle of water I don't want your cowboy no I'm good I don't want your water OK that's fine wrong person don't call me cowboy for one OK I didn't call you cowboy he did OK don't call me cowboy he apologize I'm dealing with PTSD right now alright don't start with me don't you f*cking hit me don't that's a bad move don't stop stop hang on hang on I'm good it's alright it's alright I'm good it's alright I'm relaxed I have I have his I have his left arm I'm relaxing we're good we're good I ain't touch anybody for once stop stop stop I got this arm you guys have that arm stop stop with this I'm not resisting hey I'm not can I stand up hey I've been standing here stop stop give me a double cup we're not doing this double cup OK I don't touch you guys stop OK stop are you ready I'm gonna move stop I'm a Marine don't resist stop I'm not resisting my stuff fell off my face stop I'm not touching you stop stop stop can you guys listen to me can you guys put me up yeah can you guys put me up once we get the handcuffs double lock I'm gonna sit you down I just wanna listen to you guys stop I just want to sit you on the ground can you guys talk to me sit you on the ground I'm good don't don't do this I'm a former Marine and I've never I don't know but you know I don't know you and you started texting up what did I text you up can you guys stop I'm not resisting for one yeah I appreciate that Jason Jason you guys listen I'm a former Marine thank you OK stop just relax I'm not we wanna help you OK take a couple of you guys are in the middle of the public right now yeah I know can I talk to one of you guys before you guys are doing all this I want you to can you talk to me I'm talking to you I've been just talk to me so what can we do to help you tonight I've been getting me on my flight okay so here just take a can you guys can you guys first of all can I get off this yes can we talk yes but you what you have to do is I'm not listen just listen to me for a minute can I get my hand can you take my glasses off yes listen to me for a minute I wanna get you what did I do to get in handcuffs tonight I don't wanna listen to you guys I wanna listen I want you to understand why am I in handcuffs right now you are in handcuffs because you postured up on my partner and why listen and you're no stop screaming in the airport I'm gonna scream in the airport okay then we can't take you out of the handcuffs I'm not violent with you guys though you were resisting what am I resisting in the first place listen we're trying to help you I'm not I I didn't touch you guys in the first place though listen we're trying to help you but you have to understand don't put your hands on me for one I'm not touching you guys so stop f*cking touching me I'm not taking my hands off you I'm good though no no you're not good I'm trying to talk to you guys no you're yelling I'm at this point how what are you determine what's yelling I'm not taking my hands off you we have I'm gonna make sure the double cuffs here now why am I yelling they're double locked I'm just checking OK they're all double locked can you not do this in front of the public so let's let's go let's go out to a car we have a patrol car or something that's nearby I don't know if there's a police car that has a car and I'm gonna go to 25 and 31 let's go to 25 we're gonna go to 25 can you guys take this off me we're gonna walk this way I don't wanna walk anywhere well you said you didn't wanna be in front of everybody we're trying to I'm trying to accommodate you I don't know what I did to do this is this all of your stuff we're gonna walk I don't know sir you don't know I don't know because I'm disoriented right now I would like it to come with you so I'm asking you I don't know if it's all my stuff all I wanted to do is I was missing my flight by 30 minutes I'm not being violent with you guys and don't let anybody means I'm a former Marine you guys fought all these people stop breathing stop stop I'm not pulling away we're gonna walk out well I'm not trying to walk forward you guys are stupid you guys are stupid I literally I don't know where we're going oh yeah yeah where are you guys going right now we're going to the door please tell me where you're going door 25 you guys are so stupid I got here before my flight they told me I missed my flight Jason do you want no no no no no no stop talking to me you guys want to f*cking talk to me talk to me this is stupid Jason do you want an ambulance to come look at you why do I need a f*cking ambulance I'm asking you why though I'm asking you why do I need an ambulance first of all can I please get my hands loose I have not been any mean no I don't want to go on the vehicle we're gonna we're gonna search them yeah no separate your feet we're good I don't know not yet do you have anything on you that can poke me stick me of course not no weapons no I don't understand what I'm doing do I need a lawyer stop man why am I why are you doing this stop what am I stopping for stop what am I resisting for right now don't tell me this I was a Marine dude I know you've told us why would behavior is unacceptable for Marines what am I doing right now stop yelling and start listening to us I'm not gonna listen when I'm not understanding what's going on right now that's all I'm trying to say is what I'm trying to understand is what's going on right now am I being charged am I being put in the hospital like what's going on right now for real all I'm trying to do is get to my f*cking flight sir can I ask you what's going on right now look at your behavior in an international airport I'm asking you're not getting any flight and you're drunk I can smell the alcohol on you what's okay sir what's going on right now you're in handcuffs and we're searching you and putting you in this patrol car why look like you were gonna fight us that's why I'm not gonna try to fight you sir yes sir I got you I'm just trying to figure out what's going on well I told you what and that officer told you too I don't understand like I'm just trying to get my flight I didn't do anything sir do you have any medications no not at all I have PTSD I bite I polish no I have uh if I could like before you check it right I got you have a seat for me in the car can I just can I just stand here can you have a seat in the car what am I being charged swing your feet in swing your feet in can I can I just ask what I'm in the car I'm just swing your feet in I'm just trying to ask get in the car get your feet in the car and then we'll talk to you there you go first was Jason's verbal conduct criminal under Washington state law The First Amendment is unambiguous on this point the Supreme Court in city of Houston versus hill held that speech directed at law enforcement including profanity and verbal challenges is constitutionally protected unless it constitutes a true threat or falls within the the narrow category of fighting words under Chaplinsky versus New Hampshire Jason's statements however profane did not meet that threshold he was angry he was not making specific threats of harm no arrest based solely on his verbal conduct would have survived First Amendment scrutiny second did the physical contact with the officer constitute a criminal offense this is where the legal analysis shifts decisively against Jason Revised Code of Washington 9A.36.031 defines assault in the third degree as any assault upon a law enforcement officer performing official duties Washington courts have consistently held that the statute does not require injury or even significant force intentional physical contact of any degree satisfies the assault elements under this provision the supervising sergeant herself acknowledged the hit was not a hard hit and charged attempted assault accordingly that distinction matters attempted assault still constitutes a Class C felony under Washington law carrying a maximum sentence of five years imprisonment and a fine of up to $10,000 under Graham versus Conner the reasonableness of the officer's decision to initiate physical custody must be assessed from the perspective of a reasonable officer on the scene not in hindsight Jason had been verbally aggressive for several minutes had postured toward the first officer and was in a crowded public space officers had articulable grounds to anticipate a physical threat the takedown was therefore legally defensible under the Graham standard even if it was tactically preventable sir yes can you talk to me I am gonna talk to you right now I'm going to talk to you right now I'm going to roll the window down yep I'm going to just a minute why am I being talked right now you're under arrest why you're under arrest can I ask what I did the assault your pause for a second okay third and most legally complex was the involuntary psychiatric transport lawful under Washington State procedure Washington's Involuntary Treatment Act Revised Code of Washington 71.05 establishes a specific statutory process for involuntary psychiatric holds that process requires evaluation by a designated crisis responder a licensed mental health professional before any involuntary transport can be lawfully initiated unless there is imminent danger to self or others the sergeant presented Jason with a binary ultimatum hospital or jail that is not the statutory framework a field supervisor does not have unilateral authority to compel involuntary psychiatric transport under RCW 71 dot 0 5 the sergeant's intent was clearly compassionate her mechanism was procedurally unsound Jason's consent to hospital transport obtained under the implicit threat of jail as the only alternative raises voluntariness concerns that a competent defense attorney would examine carefully in any subsequent proceeding on the resisting arrest charge under Revised Code of Washington 9 A.76.040 the footage does not strongly support this count after initial contact Jason did not continue to fight or flee he verbally protested which is constitutionally protected and asked repeatedly to stand rather than be seated on the ground Washington courts distinguish between verbal noncompliance and physical resistance for purposes of this statute the resisting arrest charge appears legally thin based on the footage available Jason disclosed PTSD on camera a legally significant detail Washington State maintains diversion pathways under the Behavioral Health Diversion Program and the Veterans Reentry Program for individuals with documented mental health conditions a defense strategy built around RCW 9.94A.660 mental health sentencing alternatives combined with the PTSD disclosure and the provocation context represents a viable mitigation framework mens Rea is also worth examining Jason stated on camera he had no idea what he was doing at the moment of contact while that does not eliminate criminal liability under the assault statute it may be relevant to the intent element and could support a negotiated resolution below the Class C felony threshold so as I said you're under arrest for attempted assault on an officer but I don't understand because I just came here to get a flight I hear you miss okay there's a misunderstanding here okay I'm sure it started out listen I'm sure it started out I don't understand the misunderstanding can I just talk please I'm listening can I talk to your supervisor right now my supervisor is right here yes sir yep can I talk to you yeah I don't understand what this is got to where it's at right now because I'm trying to get on my flight I know you're trying to get on your flight okay but I'm a former Marine yes sir thank you for your service where was where was the assault I don't understand so right there look I can't explain it if you keep talking over me okay so as we were standing there and you were yelling you were upset at my partner for calling you a cowboy totally respect that okay yeah and he said he apologized but you didn't want to talk to him do you remember that I get that but I didn't touch anybody OK listen listen so you kept posturing towards him he went to put his hands on you to take you into custody cause you were looking like you were a threat we didn't know you so we didn't know what you're capable of right and I mean is that is that fair OK I feel it's fair I just so the most I didn't know this was going where it was so listen OK Jason listen so when he went to put his hands on you you swung on him and you hit him and you hit him in the chest it wasn't a hard hit and that's why you're being charged with attempted assault on an officer instead of assault on an officer okay sir I'm a I had no idea what I was doing I I listen miss I'm a former Marine I cannot I I'm just trying to get to my flight I know and and that's all I was doing I'm not trying to be here right now I know with all this yeah so the I'm not I did not try to I hear you Jason so the airline they're not gonna fly you tonight cause you're intoxicated I did that but I'm not trying to so I'm officer I don't wanna go to jail OK I hear you I don't I don't I don't see why this Jason involved Jason why am I going to jail why do you have my hands up OK listen I I'm gonna talk to you OK I'm gonna give you two options I I I cause I respect you guys like but I'm not mad right now stop OK listen listen I understand that you're frustrated OK I don't want you I've never been charged with anything in my life I don't want you to go to jail today but I am concerned for you so here's what I would like to do I just wanted to go to my flight tonight listen here's what I want to do instead of send you to jail I want to take you to the hospital I don't need to go well it's one or the other miss you have to choose it's one or the other miss can I tell you right now sure I'm listening I work security seven days a week okay I'm not trying to go on my vacation I hear you I deal with people in Seattle every day I deal with people on drugs I I know you guys it's a hard job it's a hard job you have I'm trying to go so listen to vacation because you're intoxicated I'm not intoxicated you are you are how do you know that I'm not gonna go there with you how do you know I'm intoxicated I want to how I don't wanna take you to jail but you're not helping me right now so I need you to be my partner in this okay do you hear me so be my partner the only other option is to have you go to the hospital and to get checked out cause I can't just let you go because of everything that's happened so you choose one or the other the airlines are not gonna let you fly I don't wanna go checked out if if they're not gonna fly let me just go home I can't so you have to go to the hospital first to get checked out in order to just get checked out and then once they're they say that you're okay then they'll let you go home yeah okay but that's the only way we can let you go home is to first go get checked out just because the behavior is not normal in the airport I got here up half hour I hear you no I'm serious lady it's like I hear you and I would be frustrated too so I'm not let me go home the only way that that I didn't do anything to you though listen though you have to go to the hospital first but if you're if you're yelling if you're argumentative or unwilling listen then they're not gonna take you and then you have to go to jail I'm trying to help you here but you need to be my partner you gotta do your part in this can you do that for me I didn't do anything to you guys you guys insulted me by calling me partner in the first place are you guys didn't even know who I was you're right then why the h*ll did you do that that set me off I didn't do it then why did your officer do that then I just call me by my f*cking name OK don't be like that don't call me partner I hear you be respectful in the first place then that's what got me set up okay if you guys would have not said that in the first place I would not have and did that but but because of what your officer said I said calm it all came down to be respectful don't call me cowboy it's all what it came down to yes I'm I just don't want to be called cowboy that's disrespectful don't call me cowboy that's what they did and that's what set me off I didn't touch you guys I didn't be disrespectful don't call me f*cking cowboy no I know you did but your officer call me cowboy and that's what come send me out I'm not a cowboy don't call me cowboy that's all that set me off okay I'm a good night I hear you Jason better let me the f*ck out then I'm going to take care of him I got you then that's all I wanna do I'm the supervisor I'm gonna take I love you guys I have nothing but respect for you I have no desire to be in cuffs tonight we can take those cuffs off but you have to either I know but I don't want to go to the hospital I just don't want to be called cowboy sir OK I'm gonna take care of it's a respect thing yes it is and that's what set me off in the first place OK I'm sorry that happened to you that's why I'm in cuffs right now OK it's because you're f*cking officer called me cowboy we acknowledge that and then let me out of the cuffs then yes I wanna listen to you guys yes but I they didn't call me cowboy when I did no sergeant of mine ever would have called me cowboy no yeah yeah I never was asked to be called cowboy I'm going to take care that that's the reason why I'm in the hospital tonight I'm going to take care of you then sir can you listen to me right now I am listening to you because your officer called me cowboy that's what set me off and that's what got me p*ssed and that's what got me I'm sorry that happened to you I'm sorry I I am truly sorry about that I just want to go home sir I want to go home too sir but let's get you checked out of the hospital before that can happen sir yes I am fine listen to me you you may think they're fine but the things that airlines can let you sir yes can you listen to me before I'm listening because your officer called me cowboy I heard you the first time I'm going to take care of it that's the only reason why I'm mad yes I don't want you to be because of how he handled this correct because of how it was handled yes because of why I'm yes if I wasn't in cuffs right now it wouldn't never have gotten to that point with your officer Jason I'm only mad because your officer disrespected me in the first place that's all like I said I'm gonna chat with them I don't want to be handcuffed right now OK I am fine we're gonna take you to the hospital I don't sir because I don't see this sir listen option 1 is hospital and the option 2 is listen to me the jail can you listen to me I don't need to be in jail I don't want to take you to jail I understand that can you listen to me though I'm listening I haven't because you're I know I've heard it you're not understanding I've already heard it I've already heard it I don't need to be in jail tonight or the hospital I'm only mad because those are the two options I understand but why is the option not off the hand because you're officer Jason I told you I will I'm going to take care of it but because of your officer being like that why am I being in cuffs right now because your officer being the way it is because of the reaction that you have because you guys told me because of that because I am in cuffs right now how he is two options OK jail or the hospital I rather have you go to the hospital can you ask me why do I have to go to the hospital you have to get cleared out you have to be cleared why you mean why why am I being cleared based on how your officer is being to me I'm taking care of that portion we're worried about you I'm fine I just don't want your officer because I'm going to take care of based on your officer and how he is alright why am I being projected to yourself based on your officer's behavior that's all I'm asking because your officer took why am I here right now and why am I being taken to the hospital because I got mad because your officer got mad at me why I just wanna go home right we have sir do you hear I got I got did you hear what I just said we have a duty to care for you so we are sending you to where you can be cared for we can't sir we can't they said stop stop listen to me first based on your officer being the way he was though okay that is not no listen before you talk to me listen to me I'm not gonna talk any further we I'm trying to tell you I've heard that let me talk to your supervisor I'm right here can you get him to stop talking for a minute can I talk to you talk okay but you already told me what you already told me I've already heard it I'm going to take care of it I told you I'm gonna take care of it then why as soon as we're done I gotta go take care of it because you're dealing with that though why why because of what I have to do why am I being in the hospital then I don't do you understand why you're going to hospital no I have no idea why I think we explained it many many times I don't your officer though is not handling this though I did not for one I was just mad because I came here 30 minutes before my flight tonight okay and I'm they told me I was not gonna be in the flight and I just got really mad I know but we have long lines and you can't you're not gonna even get through that's why they want you to be here I understand I have no problem losing my flight tonight OK I just don't understand why I'm in cuffs tonight when I didn't even touch any of you guys I was not violent to you guys I I don't understand what's going on right now that's all I'm being cool with you and I'm having cuffs on my hand cause cause you swung at an officer I did not swing I did not swing you hit an officer I did not hit an officer maybe you don't remember but you were extremely aggressive I did not hey I know it's 2,024 we're not punching bags OK our job is the security of an international airport you cannot come into an international airport and behave in this manner you cannot become aggressive I didn't get aggressive unless the airlines called us you did you did how who did I touch though sir this has been explained to you OK I who did I touch though did I touch anybody sir it was explained to you I don't understand sir at no point have you taken responsibility for your behavior I am I know that I no you haven't I know that you've blamed it on the other officer but at no point of you said you know what I made bad decisions tonight too what you're not sir what bad decisions I make tonight I can smell extreme alcohol on you sir OK I'm asking you and your behavior what's my behavior and the way you're posturing and tickling my posture posturing your body mannerisms what does that mean now that's not a crime now that's not a crime now the way I move my body it is a crime no it isn't how is it my my you wanted the other officer I did not squeeze anybody am I being charged with anybody and if I do I if I touch you sir I'm sorry you didn't you didn't hit me I I don't understand what's going on I just I really don't I know I don't I mean you keep saying the same stuff and you've said it I don't understand that sir alright can I ask this someone am I being charged with anything so as opposed to us there's gonna be a mental health professional that will talk with you and figure out everything we're not mental health professionals what it sounds like it sounds like that is that is needed right now and we can't afford that I get that but I understand I don't understand why in the first place this was all going on tonight that's fine that's all I'm just telling you telling you like what did I do tonight though I didn't touch anybody like I I literally just I'm trying to talk to you guys that's all I'm a there's a former Marine I'm trying to talk to you guys I don't understand what's going on I think we've all talked to you and told you what's going on I don't know though I don't get it because for first of all I have a military pension I just came to get my flight tonight and I don't understand because I came here a half hour before my flight was you know you guys don't need to do all that honestly I'm just trying to talk to you guys can I just talk before I get on there listen I just don't I don't listen I don't wanna you guys aren't listening to me we are you guys see I'm looking right at you you guys are I'm listening see you guys are acting like I'm crazy when I'm just trying to get you guys to listen to me we are listening everybody here stop this is crazy though this is crazy how you're carrying me out right now I just want to leave you guys to listen to me before you guys are taking me away this is embarrassing I'm listening to you talk you're listening to me with cops being taken off of me in a hospital I was here a half hour before my flight and they wouldn't let me have my flight this is this is not dignity I'm looking you in your eyes right now while you're taking me away and I don't know what's going on why why how am I being taken away right now if I tell you 100 more times you're gonna keep asking the same thing exactly why am I being taken to the hospital this behavior what is the extreme crisis what what crisis right now it's probably been an hour since we dealt with you and you are still at like a 9 yeah because I'm being taken away in cuffs when I'm you're going to a hospital listen to me I'm supposed to be in LA right now watching my friend take care of her dog and cat and two cats and I'm trying to figure out why I'm being taken away in a f*cking what I all I did was I got a little late to the airport tonight and they told me that I couldn't be on my plane and I got mad because I have to watch my friends look at my text message I'm gonna be late to my friend's apartment now and I can't watch my friend's dog and you guys are taking this is on a high risk and you guys are strapping me to a hospital right now while I'm waiting for my friend in LA right now this is what you're doing to a former Marine I'm so in danger of myself right now thank you appreciate you I want you to get the help you need I don't need any help I promise you that OK because I got to the hospital a half hour before my flight and I couldn't make my flight I got mad OK good luck to you Jason you can go yourself sir I hope your kids never see you again go yourself hey man they're just doing their job OK I'm not you don't know anything about the situation right I do they told me everything they only told you OK OK the first responding officer receives a C the cowboy remark was an avoidable provocation that directly triggered every subsequent event crisis communication training is explicit on this point language that diminishes or mocks a subject in distress accelerates rather than reduces threat his use of force once the assault occurred was measured and did not exceed what the situation required but the proximate cause of this felony arrest was his own language that cannot be overlooked the supervising sergeant receives a B+ her extended patient engagement with Jason reflected best practice crisis communication active listening validation offering structured choices sustained composure the deduction is procedural the hospital or jail ultimatum does not align with R C W 71 dot 0 5 which requires a designated crisis responder evaluation before involuntary psychiatric transport can be compelled good intent does not substitute for statutory compliance Jason receives a C plus his verbal conduct was constitutionally protected throughout his physical contact with the officer however minimal crossed the legal threshold under RCW 9 a dot 3 to 6 dot 0 3 1 that single act converted a protected First Amendment encounter into a Class C felony exposure his PTSD disclosure cooperation post restraint and consistent narrative support available mitigating arguments but they do not undo the legal consequence or the physical contact with a law enforcement officer three lessons from this encounter apply broadly one officer language is not neutral words used in the first 30 seconds of a contact determine the trajectory of the entire encounter departments that treat communication as a tactical tool not an afterthought produce fewer use of force incidents 2 verbal anger is not criminal conduct the reflex to arrest someone for being loud and profane in a public space represents a persistent misapplication of disorderly conduct and assault statutes that First Amendment case law has repeatedly rejected 3 involuntary psychiatric holds have a statutory process that process exists to protect both the subject and the officer bypassing it even with good intentions creates legal exposure for the department and undermines the legitimacy of the intervention itself let us know if there is an interaction or legal topic that you would like us to discuss in the comments below thank you for watching and don't forget to subscribe to our channel for more content on police court interactions