On October 31st, 2025, officers responded to a domestic disturbance in Albuquerque, New Mexico. Hello. Hi. >> [clears throat] >> Sir, is it okay if you step over here and talk? Just wait in the door. They're right there. I'm going to hang up now. The police just arrived. I'm outside. You're a little Tell them. Can I go out here? I don't What are you doing? No, I'm going to stand right here. I'm going to stand right here. Why? He's a little [ __ ] >> I I have the majority of the on recording. Okay. >> She attacked me, and pushed me over the AC unit, and jumped on top of me. She was She was holding me in a headlock. I pinned her to the side of the wall. I had to push the bed. She fell behind me. And was was choking me. Okay. Scratching at my arms. I don't see any marks, but she was like pinching and and doing this, so I couldn't breathe. Okay. Did you need any medical attention, or want to get checked out? I need to get checked out. My back is off on fire right now, because she pushed me over the AC unit. Okay. How old are you? 25. >> 25. I want to press charges. You said you were 25. She's drunk. She's drunk. Okay. Who is she to you? She's my wife. Wife? My wife. How long you guys been together? Since October. Okay. A year and two months. A year and two months? We got married last October. Okay. Um is it okay if I take a look at your back? That that's fine. Okay. Are you able to just lift up your shirt a little bit? I'm sorry. I'm I'm scared. That's all right. We're You live here? Okay. Is it okay if I just lift it up a little bit? Okay. All right. Her Her dad witnessed her too. Um do you have your videos that you're saying? Look, I have them all. I I have some other my work phone. I have it on. I have some of it on this one. Okay. >> I need to get the phone though, because the majority of it's on that one, where she actually pushed me and pinned me against the wall. Okay. Well, what do you Which ones do you have on here? I have And she kept hanging up. I called two times on this phone. She She was snatching the phone over and over again, and then she So, I I I guess multiple hang ups because of her. Sir, are these your glasses right here? Yeah, the ones that she threw at my face. Yeah. You guys saw that, right? >> Yeah, we saw it. She ripped those off off off off my off my face in in the bedroom. This is the first one. So, I was trying to I was trying to go to the bathroom, and she she walked in and wouldn't let me close the door. Okay. She was trying to go to the bathroom. That's all. And this This is after she opened that the cupboard, and then she also ripped the light socket cover off of that. She got physical and started beating the wall and stuff like that, and she got in my face before this. That's why I was recording for my own defense, because I I need you to sit down. I'm sorry. Yeah, I was going to say, if you want, we can Are you able to open the tailgate and sit on that? Or do you want to just want to go down to the curb, or That's That's cool. I'm on the curb. I never thought it would get to this point. Okay. Have you guys ever had any incidents like this in the past? She's little small ones, where she'd throw [ __ ] at me and She gets violent. I stopped when she dropped him here. But nothing as severe as this. This is the worst it's gotten. Okay. >> This is This is the point where she's outright assaulted me. This is the first one. You getting physical. Move out. Please back up. I want to go to the bathroom. That's all I want right now. This is like where it really escalated. >> Please back up. I'm trying to go to the bathroom. Please back up. You are drunk. Go sit down and drink some water. Her dad has my other son. Okay. How old is the son? He is 7 months. 7 months. He was asleep during this until he went and got him. This is after she got in my face and was Huh? Backing me against the wall in the bathroom. You You can see the outlet's right here at the bottom. She did that at me. Okay. And she slammed the door. And is that the only one you have on this one? I have one more. I I recorded coming out of the bathroom. Coming out? Can you please just give it to me? She's outside the door. You're pretending to wash your hands. I was washing my Oh, you're recording me. Can you back up, please? I can't stop walking. What do you want? You're recording me. You You got physical. Back off. Okay. Is this the one you were calling from, or This is the phone I was calling from. So, what I did was I was I went in the bedroom, grabbed my work phone, recorded with that one instead, and then I turned this one off and called my grandfather, asked him to come help me, because I was just able to going to take my son and go over to his place. Okay. Because she's already drunk, and I I felt safe, because she was already getting physical with me. But this is the one you called 911 from? It is. Are you able to show me the call logs for it? I don't know which one. She hung up. She was snatching the phone. I think this is after she pushed me over the AC unit. And I fell back. Okay. >> And then they tried to call back, couldn't answer, because she was like like literally attacking me. And that's I think during that call That That's the call where she was choking me and all that stuff like that. Okay. And is that the one where we we came out the door and we were here? Is that the one you were on? >> Yeah. Yeah. That is. That is. She She had like both hands like one like this, almost. Okay. And she was like She was grabbing my neck. Okay. And then at one point, I think she It was her left hand, because because she eventually fell over me while I was while she she had pushed me and pushed me between between the wall on the floor between our bed and the wall. All right. So, I was there a very small space, kind of kind of my my my width, right? And then and then she was still trying to get to me, because I'm on the phone with 911 and and stuff. So, she fell over me, got behind me, and squeezed behind me. That's when she put her hands around me and started choking me. So, when when you guys were on the floor, is when she was choking you? >> Yes. Okay. >> Yeah, she got behind me and started put me in a headlock and started choking me. Okay. And then where did you feel the pressure? I felt it right here. On like I could I like right here. Like on your right side? I I felt the pressure directly in the middle of my neck. But but I know her left arm was over me while she was reaching for the the phone trying to grab it while I was on the phone with 911. Okay. All right. Give me 1 second, okay? I'll show you We got the glasses right here. One. She didn't hit you, right? No, she didn't hit push him over, and then the She She took her two minutes to She got She took punches in the side of his face multiple times. He did not ever get physical with her. She is not the one to be the only physical one. Okay. Yeah, he's got video of like him between the fighting, and then uh he's got really visible marks from being pushed over the AC unit. And then we got interference with communication. Did she ever stop? What's that? Did she ever stop hitting No, she hung up the phone from him. Oh. Yeah. So, I was saying, we we have the the rest of the video of them being physical and stuff. Yeah, Mr. So, basically it's just the the battery and then the telephone. Officers must identify the dominant physical aggressor using four statutory factors: history of abuse, severity of injury, likelihood of future harm, and self-defense. The husband presented physical injury, video evidence, and corroborating eyewitness testimony. He did not retaliate. The dominant aggressor determination was unambiguous. The wife threw glasses at the husband's face in direct view of officers upon arrival. That single act constituted independent probable cause, requiring no victim complaint, no prior evidence, no witness. She then made spontaneous admissions. "He pissed me off. I showed him what's up." Under Rhode Island versus Innis, 1980, these are non-custodial voluntary statements, fully admissible without Miranda warnings. The repeated phone snatching during active 911 calls constitutes a separate offense under NMSA Section 30-12-1, interference with communications, supported independently by call logs reviewed on scene. Regarding use of force, handcuffing with minor adjustment to wrist fit falls within level two soft empty hand control. Under Graham versus Connor, 1989, this is objectively reasonable given confirmed battery and active resistance. Is that the the back? Who's this guy here? Is that your dad? What? Put your hands back. What? Ma'am. Put your hands back. >> You're arresting me? Ma'am, put your hands back. Seriously? You're [ __ ] serious right now. Don't move, because I won't put these cuffs on. I'm going to take this watch off of you. So, I can put the cuffs on. I'm going to cuz the cuff doesn't fit. What? Can you tell me why you're doing this? I'll explain it all here in a second. Actually, she's under arrest right now. Battery against household member. What? You're joking me. Possibly, yeah. You're just [ __ ] with me. Wait. Wait. Wait. I'm going to have to put you You're joking me. Can you shut the door for me, please? Wait. Wait. You're Dude. You're arresting me. What? You got physical with me. Okay. Ma'am. Come over here and watch your son. You [ __ ] You're serious right now? What are you doing? Break a law and fight us and you're going to get a 4150. What are you doing? 4150 and 2245. What are you doing? Go where? Shut up. Go to the baby. Go to the baby. Watch your step. Are you serious right now? No. All right, go ahead and get in. Get in. Get in. Get in. Get in. Get in. Please just let me go to my baby right now. I'm sorry. I can't let you go to your baby. Yeah. I didn't do anything wrong to him. He's a He's a Who did this to me? So I I'm telling you. He did this to me. He pissed me off. And so I I shot him with a gun. I told him because he pissed me off. You don't have anything to say to your family? Do you have kids? Do you have kids? >> I don't think she has. She has kids. I know. You didn't do anything to your kids though. He pissed me off. Please. You'll never see Please don't let me go in there. I don't want to go in there. I did this because he pissed me off. Well, yeah, just cuz someone pissed you off doesn't mean you need to go and do that. Especially right in front of him. What did I do? Oh my god. All right, ma'am. There's nothing in there. You just checked it's clear. So if anything's found in there, it's going to be custody, okay? Go ahead and take a seat. I I didn't do anything wrong. No. It's all explained to you in a second. Are you Are you serious, dude? Oh, you [ __ ] This is This is tight. So, in the state of New Mexico, there's a no tolerance for domestic violence. So essentially, even if you didn't want to press charges, we have to. I I want to personally because this is this has gone way way too far. She's going to go to jail. She's going to go to jail for battery charges on Um She'll probably She might get out in the morning Saturday. It depends on the judge. If not, she'll get out Monday. We'll go call you and let you know when she's getting out. Um I'm not going to pick her up. That's fine. You don't have to pick her up. Yeah. They'll just call you and let you know that she's out just so you're aware. Um is there about a restraining order or a protective order? How's a restraining order work with work with with with with a child? Child? So whoever if you're the petitioner and you get it you get it approved and you get custody of the child. Um Okay. Okay. Yeah, but yeah, probably a restraining order. You go to just the court. Um you guys call Call us at the court if you have any other case number. I I'd call before because she's thrown [ __ ] at me and she's gotten a little physical before, too. But not like this. Like she's usually calmed down a little bit, but it's always been when she's been drinking. Okay. The last But the last time she drank, nothing got physical. She just kind of got dumb, started talking some [ __ ] decided to cheat on me. And I was at El Prado. She's on top of me, man. Please send the cops. I'm sorry, ma'am. I'm sorry about that. This uh So I I guess they didn't record where I fell over. It must have stopped. But basically I'm I'm on the floor at this point and she's on top of me. Don't get out. Don't get out. >> Stay in the car. The state of New Mexico is pressing charges against you. What did I do? You battered your husband. He He He didn't hit me. You just told this officer that he didn't. We have video proof of you on top of him. We saw you throw the glasses at his face when we walked up. What? You threw the glasses at his face when we were walking up and she's covered in marks. >> My glasses? The ones that I can't even see? It doesn't matter whose glasses they are. You threw them at his face right in front of us. You're arresting me for what? We told you battery on a household member. We need you to have a seat and put your feet in the car. Battery on a household member. So have a seat and put your feet in. You're arresting me because he's a [ __ ] Hey. Put your feet in the car. Officers B+ strong mandatory arrest application, thorough victim interview, correct aggressor identification. Deducted for absence of documented Miranda advisement post restraint and no captured child welfare referral for the 7-month-old infant. Husband A- minus called 911, independently recorded the assault, preserved evidence, and cooperated fully. Deducted for disclosing legally irrelevant personal history and delayed transfer of critical phone footage to officers. Wife D committed battery on the victim in direct view of law enforcement, generated self-incriminating admissions on camera, and obstructed a 911 call, producing every element of both charges without officer reliance on victim testimony alone. Key takeaway In mandatory arrest jurisdictions, de-escalation is the only viable exit. Any new act of violence committed in an officer's presence eliminates all legal discretion. Spontaneous admissions carry the same evidentiary weight as a signed confession. Domestic violence calls do not end with arrest. Child welfare protocols must be activated when minors are present in the home. 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.