We're done asking questions. You will walk and do what we say. Do you understand? >> I was just making sure they didn't come down here. >> I want to talk with my parents right now. >> I don't understand what you want. We're walking upstairs. You just kicked him in the nut. >> We're good. >> Sorry, but you're going to be placed under arrest. >> Emil, I'd like to ask you to stand up. >> Put your hands behind your back. >> Hands behind your back. That's fine. >> No, don't cooperate about this. >> We're not trying to then lay then lay straight. I'll cooperate with you. >> Now, you were going to get charged with aggravated >> battery. And aggravated >> battery. >> On February 15th, 2023 in Mandota, Illinois, officers from the Mandota Police Department responded to a domestic disturbance that had been running for 4 hours. By the time it was over, one man faced two criminal charges. One of them a class 2 felony carrying 3 to seven years. This is that encounter. I didn't want her to do but he's not listening. She's been doing it for the last four hours. >> What happened? >> He's just kicking my mom, you know. >> He's kicking your mom. >> Yeah, my my mom means my wife. Tell wife. Yeah. >> Okay. >> So, I just came out from the side door. >> Okay. Let's go in and check on her. Is she okay? >> Yeah, she's okay. >> When you say he's kicking her, like where? >> At the back and you know, I will go through this. DANIEL. >> OKAY. He's here. He's just dying over here. >> Go meet the other officers. >> Okay. >> Police department. >> Check that bedroom to the right. Oh, he was there. He was kicking my door. >> He's not here. >> Is he downstairs? >> Did he go in that closet? I don't think so. >> Neo, he went downstairs. >> I don't know. >> I think only except that >> arrest. >> It's okay. I'm going to We got to make sure he's okay. Menota Police Department. Anneal. Anneil, I can see your leg, bud. Anneil, are you okay? >> 31,000. Checking your stat. >> Anneil, are you okay? >> You're okay. >> Anal, I got to take this off. Make sure nothing's in your hands. Okay. Are you okay? >> She's hurting me. >> Well, let's go here. Let me check you out. Can I help you out? >> Are you going to arrest me? >> I got to check. Are you okay? You said she Where's it? Where you hurt? I hurt my stomach and >> Can we step out and check it out? >> Sure. >> Yeah. I don't trip on anything. Okay. >> Okay. >> Right. You got to lift that leg up so you don't trip on this stuff. Okay. >> Okay. >> I can help I can help you out if you want. >> You're not going to arrest me. >> I I got to talk to you. I got to see if you're injured right here. I want to make sure you're okay. Do you need medical attention? >> I want somebody to check out my stomach. My >> Okay. P you. Can you step out here so I can look at it so we're not sitting in a closet? Man, >> what were you doing? I'm hiding in there. >> You guys always arrest me. I don't like the Venota Police Department at all. >> I'm not stomach pain. >> Stomach pain. You said you want to check out for? >> Yeah. You want to sit on the couch? I'll talk with you and check you out. Okay. >> Don't arrest me. >> Okay. What? So, >> I haven't done anything. >> You want to stay right here real quick? Okay. You want to stay on the couch real quick? >> He He sexually abused me. I >> He's going up. He's He's leaving. >> Get out of here or I'm I'm going to have you arrested. Neil, >> can you stay on the couch and talk with me real quick? I'm just I'm asking you >> sexually abused me and I'm still suffering from all that trauma. >> Anneil, I just I'm just asking you to sit on the couch real quick. Okay. >> Okay. >> Now, anal where you you can sit down. >> Okay. >> Where is it hurting at? >> In my stomach, in my belly. >> Where where at specifically on there? >> Right here. >> Right there. Yeah. Is anywhere else hurting? >> Yeah, my bladder. >> What? >> She's she's been kicking me in my bladder and my in my stomach and belly. And who are you? I'm Officer Yucas. >> Oh, I know him, too. I want him out of here. >> Okay, I'll go upstairs. >> Yeah, get out. >> How do you know him? He's been in Africa for a year. >> He made me walk barefoot on my concrete and gave me bodily injury. >> Oh, okay. See, I didn't know that. That's why I was asking, Neil, that's all I was asking about. I was just I didn't know how you knew him. Okay. So, what what you >> One guy gave me bodily injury. One guy sexually abused me. >> Anneal, I'm not going to do either of those tonight. Okay. Yeah, but you can place them under arrest. >> I'm trying to ask what happened here tonight between you and mom. >> She kicked me in the belly. >> Why was she doing that? >> Because there was an argument between us. >> What were you guys arguing about? >> Over health. >> Whose health? Yours or hers? >> Both of ours is not doing good. Right. >> Well, I'm I'm sorry to hear that. >> Okay. >> Okay. I'm not trying to pry or anything like that. What how did how did you guys talking about health turn into an argument? But how did the argument start? >> It started with It started with uh me complaining about my stomach and belly. >> What's been going on with your stomach or belly? >> I haven't been feeling good lately. >> Some like something you ate like a stomach ache. >> I haven't been eating that great lately. >> Okay, I understand that. >> Excuse me. Sorry about that. >> No, it's fine. >> Uh so you guys were talking about your stomach or belly and then it turned into an argument. How did it escalate to that? >> Uh, she has a tendency to get very mad and kick me, you know. >> Okay. She just all of a sudden started doing it or she Okay. How many times do you think she kicked you? >> Several times. >> Several. >> And nobody ever believes me at your department. >> Did I say I didn't believe you? >> No, I'm just saying nobody does. >> I say you got to give me a little bit of slack. >> Hernandez and Yucas. >> Well, he neither of them are here, right? >> Good. >> All right. You got you got me and Officer Tucker. >> Okay. Nice to meet you guys, don't you? >> I met you once before I talked to you at the police department a while ago. It's been like probably like a year though, >> so you might not remember it. That's I understand that, man. But we'll have EMS come out come out here and check you out real quick. Okay. >> What What did my parents say? I haven't done anything to them at all. >> Well, we got called here because you and your mom were fighting. We got told you guys were arguing >> and my dad said that I was kicking her, right? Well, we got called about an argument. That's why we're trying to figure out what happened. >> Okay. >> I haven't done anything at all. >> I Neil, I'm not saying you did >> that for Okay. >> But you guys >> he he was answering our radio. Okay. >> Yeah. He was just answering our radio. They I say we have we have the earpieces so it goes through that so they so we hear them. >> So that's what he was answering there. and she's been having a lot of back pain lately. And my dad is accusing me of doing something to her and I haven't even done anything to her at all. >> What What kind of back pain she having? Just in general back pain. >> She's been having it for a long time. >> Oh, okay. I say I don't think I've ever met your mom before. So I I say I'm just not familiar with her. What's her first name? >> It's an Indian name. You can't pronounce it. >> You got to give me a try. >> Barie. >> Barathy? >> Yeah. Was I close or did I get it? >> You got it. >> I got See, give me a little bit of credit, man. I'll say I I I just got to hear it. If I bet you if I just read it phonetically, I'd get it wrong. >> But four times your department, especially about maybe four months ago, it was >> Hernandez. He sexually abused me. Right at the department itself. Now, Anne Neil, do you remember do you remember the time I talked to you at the police department and we were talking about where we were? >> We're telling >> we're telling the ambulance where they have to come down to come downstairs to >> Okay. >> to come check you out. You remember I talked to you at the uh police department about a year ago. We talked about how you had a court date from the previous domestic >> incidents. Did you have those court dates already? I had >> Did you ever go to court on these in front of a judge and talked to a judge? >> There were court dates prior to that. >> Did Did you And you talked with a judge? >> I talked with the probation officer. >> Did you Did you explain everything? Yeah. And what did they say? What did the probation officer say? >> She just said that >> that I'm I'm okay to stay at home, you know. Mhm. No, I What did she say about you saying that they're abusing you? >> She understood. >> Did she? Okay. Yeah. Did you ever explain it to a judge? >> He didn't allow me to tell my side of the story. >> He didn't? >> No, he only allowed me to say just just the word yes. You know, that's all I could say. Yes. >> Okay. Did you have an attorney with you? >> Yeah. >> Yeah. Is it your attorney or is it a public defender? >> It's my attorney. >> Your attorney? Right. >> Have you talked to your attorney about it? >> Yeah. Yeah. What did your attorney think about it? >> He didn't give any comment on it. >> No. >> No. >> You So that that's basically what comes down to is you have to explain this to a judge. You have to make them aware. Okay. I understand what you're saying. And you're saying your mom kicked you. >> Yeah, >> I do. I'm not sitting here say I'm not here to tell you you're lying. >> But even >> that's not that's not what I'm here to tell you. >> Yeah. But even my mom said that don't arrest him, you know. >> Yes, I understand that. But you >> I haven't done anything though. >> Both your mom and dad said you kicked them in the kicked her in the back. >> And what about my >> four four times? >> No. No. I'm I'm like I told you. I'm just telling you what they said to me. Right. >> Right. >> I'm not trying to sit here and lie to you. >> I'm not trying to sit here and beat around the bush with you. I'm not. >> It's Hernandez that's telling you and Lucas. >> Hernand. They're both gone. You did not want them here. So I told them to leave. All right. This is a decision I'm making. based on what your parents said. >> Yeah, but I didn't [ __ ] her at all. >> Anneal, I I'm being just honest with you. And this also, I want you to You remember what happened last time when you got these accusations? >> Yeah. >> Yes. And then you saw a judge the next day, >> right? >> Remember that? >> It's going to happen again. >> Please. >> But I want you to talk to the judge in the morning and explain your side. I want you to because I don't want to keep coming back here to have to arrest you. I don't at all. I don't want to have to arrest mom. I don't want to have to arrest dad. I want you three to live in harmony. I do. >> Please don't arrest me. You said you weren't going to do that. >> No, I said I was. I said when you asked >> in the closet, you said no. >> I wanted I didn't want to have to check your stomach out in the closet. I'm not going to lie to you here. All right. >> Please don't. >> Neil, I have to. >> I haven't done anything. I'm going to do it as cordial as humanly possible. I will allow you to get socks, shoes on, and everything. I'm not walking you out barefoot. I'm not going to touch your private parts. I'm not going to put a bruise on you. I'm not going to do any of that. >> Talk with my parents. >> I can let you talk with dad if you want. Mom's alleging that you kicked her, so she's a she's saying she's a victim of a domestic battery. That >> I'm I'm telling you what she said. >> Okay. But she kicked me first. >> According to dad and mom, that's not true. >> Yes, it is. >> I'm Again, I'm telling you what they said. What mom and dad said. >> They both told us that you kicked her. >> I know. >> They I I'm again, Anneil, I'm just saying what they said. >> This is not fair. Do you understand that, >> Anneil? I I I'm I understand what you're saying. I do. Okay. that I I hadn't seen you probably in a year and I didn't even know if you were living here. I didn't know if you were living somewhere else or anything like that. I assumed to be honest with you, I assumed that the accusations and the issues between you mom and dad of us coming here. I I thought it was done since we hadn't been here in a while. >> It was done. My mom had kicked me in the stomach. >> Your stomach's hurting a little bit? >> My bladder. >> Can I take a look at it? >> Sure. >> All right. What's it feeling like? >> Feeling pain in my stomach and >> What kind of pain is it? >> Like severe pain and cramping. And >> 172 or 177. >> Okay. >> If either of you guys aren't 106, could you have mom or dad get him a pair of socks and shoes and put them on the top of the steps, please? Same type of pain. Nothing's changed. >> Yeah. >> What kind of pain is it? Is it like a stabbing pain? Is it sharp, dull, >> or does feel like you're having a cramp? >> Cramp and cramp. Okay. You've been taking nice deep breaths. >> Yes. >> Okay. >> Yes. >> What would you like to do? >> Can you get these police officers out of here, please? >> No. These guys are here for me. Anneil, I told you from I told you from the beginning what was going on, man. I'm not trying to lie to you. >> Yeah, but I haven't done anything. >> I understand what you're saying, Anneil. I'm not This >> is not fair. >> I'm trying to be fair. I'm trying to get You said you were in pain, so I got you medical. You said the last officer walked you out barefoot on uh the concrete. >> Sexually abuse me. >> I'm not going to sexually abuse you. I can promise you. and I'm going to get you a pair of socks and shoes so you also don't have to walk barefoot cuz I'm trying to do this so you don't get any more injuries that you don't have any more of these terrible experiences that you're telling me about. That's what I'm I'm trying to be fair with you as well. All right, >> but I'm allowed to talk with them, >> not with mom. >> Yes, I am. >> You're not, Neil. >> Yes, I am. >> No, Neil, she's reporting that she's a victim of domestic battery, which means you are not >> done anything to her. >> According to mom and dad, you did. >> No, I didn't. I I understand that that's what you're saying, Emil. I I'm I'm being straight up with you. I don't know what else you want me to say to you. >> I can't place her under arrest. >> What's that? >> You can't place her under arrest for what she did to me. >> You're saying she kicked you. They're both saying that you kicked her, >> right? >> Both of them are saying that. >> So that's when Just listen. Both of them are saying that >> they called. We got here. You were hiding in a closet under a blanket as we were yelling out to Neil. >> We're going to fill it out real quick and get that out of your way. Okay. >> Okay. >> You have an ID or anything? >> Yeah. It should all be in the cab. >> ID for me. >> It they're having you sign saying you don't want to go out to the hospital. That's all this says is you don't want to go out to the hospital at this time. >> Okay. What are my parents going to do or where are they going to be? >> Here at the house. They'll be here. >> Yeah, but I should be here at the house though. >> You're going to become with us in police department? >> No. >> Yes. >> No. >> I'm just being honest with you, Neil. You are. >> I haven't done anything wrong. >> Neil, I I I I don't know how many how many more times I can say it. It's It's just At this point, it's a loop. Okay. I' I'm trying to I mean, I think you can agree. I've been nothing but honest with you, right? I've told you from the beginning what's going on. I've told you what they're alleging. I've told you why we're here. And I've told you that you're going to be under arrest. >> I can't be any more honest with you. >> I haven't done anything. >> I understand that's what you're saying. >> You kicked me. >> I understand that's what you're saying, Anneil. I do. >> This is what I'm talking about. Why I hate your department. >> Well, I'm sorry that you hate our department. I'm not trying to make you hate me. to my dad. >> He can he he can be the one that admits the truth right now. What happened? And then if he admits the truth, will you drop the charges? >> Yeah, he already he already talked with me upstairs before I ever came downstairs and said you kicked >> uh your mother four times is what he said. >> He said four times you kicked his mother. >> No, four times I did not kick her. >> I'm telling again. I'm telling you what they said. >> I am. >> Yeah, but let me talk. >> We we we got to do this for him real quick. >> Okay. Are you able to spell your name out for me, sir? >> Yeah. A N I L. >> And your last name? >> B H A T E. >> All right. Thank you. And your date of birth? >> Uh, and how old will that make you? >> Right, >> Anil? I'm being honest with you. What else do you want me to say right now? What I want you to say is that I'm allowed to stay here. I haven't done anything. >> I All right. I I understand you want me to say that. What can I say that will make you happy? Cuz that's not going to happen. >> No, my mom said the same thing. Don't arrest him. >> I understand she said that. >> There you go. So, that's two people. >> Okay. I I'm saying that you're going to be under arrest. He says you're going to be under arrest. So, >> but there's absolutely no proof. for 106. >> Anneil, I'm I'm just going to be I'm going to ask you one more time, then. Do you want to put your sock and shoes on before we leave? >> I want you both to leave. >> We are. We're going to leave with you. >> No. >> Yes. >> Let me talk to my dad. >> No. >> Yes. >> And Neil, I I'm not going to ask another time, man. >> And I'm not going to ask you another time. You want me to call my good police officer friend? Have you both placed under arrest? >> I'm sorry, Neil. >> You're going to be under arrest? No. >> Okay. All right. >> No. >> What I'd like you to do is stand up. >> I'm not going to stand up. >> Neil, I would like to ask you to stand up, please. >> I want to talk to my dad first. >> No. >> I would like to ask you to stand up, please. >> If you don't leave, I'm going to call my good police officer friend. >> That's fine. Neil, I need you to stand up. >> I'm not going to stand up. >> Why? >> Because I have not done anything and you have no proof. She kicked me. Has not been giving me food and drink for two days. >> Okay, Anne Neil, will you please stand up? >> No. >> It ain't got me like this, man. >> I'm not trying. We're not trying to be rude with you, Anneil. >> You are trying to be You lied to me. >> I'm not trying to be rude to you. >> Lied to me. >> At that time, we were still investigating what was going on. You were not under arrest while you were in the closet. >> Oh, and now I am. >> Yes, >> you're Yes, you going to be. >> Where's the Neil? >> We We've been over this, man. You you you told me about the stuff other officers did. >> Yes. >> I'm trying my absolute hardest >> to make this as cooperative as possible. But if you don't stand up on the couch, I'm going to have to place you on the ground and put you in handcuffs forcefully. >> Neither one of us do that. >> It's an That's why I'm informing you cuz I don't want to do it. I don't >> I would like if you stood up, I'll do it in front of you so you're not handcuffed behind you and you walk out. That That's what I want to do. >> They wanted me. They wanted me not under arrest. >> I understand. Anal >> Yes, it does matter. >> Yes, it does. >> Okay, anal. >> Are you going to stand up for us? >> No, I'm not. >> No. Are you sure? >> Talk to my dad. >> I understand that. Are you sure you're not going to stand up for us? >> No, I'm going to stand up. >> It's going to be the best way to prevent you getting any unnecessary injuries from us having >> not do any bodily injuries, >> and we don't want to. Neil, that's why we're asking you to stand up so I can just cuff you in front of your body so that way you don't have allowing me to talk to my dad. >> I understand that. I do. >> I have that right. >> You don't. That's not one of your rights. But >> yes, it is one of my rights. >> Anal, will you please stand up? >> And will you please allow me to talk to my dad? >> I'll make a deal with you. If you stand up, put your socks and shoes on, I'll walk up with you and stand there and let you talk to dad upstairs. Then drop your handcuffs. >> What do you mean? >> They're not even in his hand. That >> These are my gloves. >> Yeah. Where are they? On your back. >> Right here. They're right here. >> See? Take them off. >> No, you're going to be handcuffed. >> No, I'm not. >> You are. >> No, I'm not. >> Anneil, that's that's the one offer I'll give you. >> My mom said no. >> Anneil, if you stand up, allow me to place handcuffs on you in front of your body. Put your socks and shoes on. placing me under arrest. >> Please allow me to finish. Okay. >> If you stand up, I'll place handcuffs on you in front of your body so they're not behind you so it's not uncomfortable. I'll let you put your socks and your shoes on and I'll walk upstairs with you and allow you to speak with dad. >> That is my That is my That is what I'm saying. >> You let my dad come down here. >> We already asked him to come down here and he said no. That's why I was going to say we'll go to him >> without handcuffs. >> No. >> No. Yes. Yes. >> Neil, that Are you going to stand up? >> Let my dad come down here. >> Are you going to stand up? >> I'm not going to stand up. >> Let my dad come down here. >> Then Anneil, sorry, but you're going to be placed under arrest. >> Anneal, I'd like to ask you to stand up. Hey, >> put your hands behind your back. >> Hands behind your back. than that. >> No, don't copy any B. This is We're not trying to then lay then lay straight. >> I'll cooperate with you. >> Just lay flat on your stomach. We're not going to press Put any pressure. Lay flat, >> Anneal. >> Just lay flat on your stomach. >> Minutes here trying to get you to stand on. >> Just lay flat on your stomach. Flat. >> We won't put any pressure on you. >> No, you're already causing carpet burn. >> Okay. >> Well, I'm sorry to hear that. >> That's fine. If you want to stay on your knees, that's fine. Put your hands behind your back. >> See, there's carpet burn right there. >> Put your hands behind your back. >> There's carpal right here. Put your hands behind. You're >> hurting my arms. >> That's fake. I understand. >> If you go behind your back right now, we will not put you on the ground. >> No, there's carpet burn. And we asked you several times to stand up. >> And I asked you several times to talk to my >> You're hurting my arms. >> Neil, I don't know what you want me to do. I offered hands behind your back or they're going to be placed behind your back. How would you like it? >> You caused me bodily injury. >> And I'm not trying to. I was up front with you telling you I do not want to cause any >> you caused me bodily >> resisting and flip over. >> No. >> Mom. MOM. >> MOM. >> Quit tensing up. >> I'm going to make sure that you're under arrest for sexual abuse. >> I got this one where it needs to be. >> Don't even dare. Don't even think about it. Relax your arms. >> It's good. Hold on. Let me Let's do a double. Let's do double. Nope. We got it. >> This one ain't going anywhere. You're fine. You're fine. >> Stop hurting Hernandez. You sexual >> relax. >> You sexual abuser. >> Relax. Anal. >> You sexual abuser. Let me talk to my dad. Let me talk to my dad right now. Right now. Right now. Let me talk to my dad. Le >> there for a second. Yep. Yep. 31. >> Let me talk to my dad. >> Neil, I'm going to put your shoes on you real quick. >> No. Let me talk to my dad. >> Let me talk to my dad. >> We're going to walk upstairs. I'm going to put your shoes on you. >> This is your camera behind. >> Let me talk to my dad. >> Let me talk to my dad. >> Yeah. Let me talk to my dad. >> All right. >> My cheeks. >> I don't want you to let go. >> I'm not going to buy you. I'm going to assist you up to your feet. Okay. To your knees first. >> Let me talk. >> Listen. We're going to help you get off the ground first. Okay. >> You're hurting my bladder. >> We're trying to get you up. >> We're going to go to your knees. >> Ready? >> Can you cause me to your knees? >> Three. >> You are you okay? >> No, I'm not okay. >> What hurts? Take a minute. >> My knees are hurting. I'm glad my jaw is hurting. You're leaning back. Are you okay? I don't want you to fall. >> I want to go to the hospital. >> Okay, I'll take you to the hospital. >> That's fine. >> I want to speak with my dad. >> We got to walk upstairs for that. >> Okay, let's do >> Why are you leaning back then? >> Yeah. Yeah, >> because you're hurting me. >> I'm not I'm standing here. >> We're holding you up right now. >> See? >> Walk that way. >> You're under arrest for sexual abuse. You have the right to remain silent. Anything you say can and will be used. What makes this stop analytically significant is that a single act during the arrest, not the underlying domestic dispute, is what created the felony exposure. Under 750, Illinois compiled statutes 60/301. Once probable cause exists for domestic battery, arrest is not discretionary. The statute uses the word shall not may. that eliminated the officer's ability to walk away even after the mother said not to arrest her son. The legislature made that call deliberately. Domestic violence victims routinely recant under pressure and leaving that decision to the victim's in the- moment preference is exactly the pattern that allows abuse cycles to continue. Probable cause rested on three independent sources. eyewitness accounts from both parents, visible injuries on the mother, and a documented history of prior domestic incidents at the same address. The threshold was met before the lead officer reached the basement. The warrantless entry was lawful under Brigham City versus Stewart, 547US 398, 2006. The father opened the door and waved officers in. Consent combined with the emergency exception covers the entry entirely. The officer spent approximately 20 minutes in verbal engagement before initiating any physical contact. He removed the officer the subject objected to. He called EMS. He offered front cuffing, shoes, and an opportunity to speak with the father if the subject cooperated. Each escalation step was announced before it was taken. That pattern verbal commands warning. Warning. Force is textbook use of force progression and it matters under Graham versus Connor 490 US 386 1989 >> against you in the court of law >> about >> I'm going to call him right now you sexual abuser >> Neil do you have anything in your pockets of your shorts >> no >> no >> you guys cost me bodily entry I'm filing a complaint >> I understand that >> look at you made me bleed >> ready anal I'm going to check to make sure nothing is in your pocket here. There's nothing in my pocket. >> I'm just checking. See, that's it. That was easy, right? >> And you hurt my arms. >> You hurt my cheek. >> I apologize for that. >> No, you had no right to cause me any any any carpet burn. >> We're going to walk upstairs. Okay. >> And you had no right to even grab my arms. >> I did. But we have to walk upstairs. You >> My mom said don't place me under arrest. >> If you want to talk to dad, you have to walk upstairs. >> Take these handcuffs off. >> I'm not going to. You are. >> And you apologize for this carpet burn injury. >> I apologize, Ry. I am sorry that you sustained a carpet burn. I am. >> No, you threw me down on the carpet. You hurt my jaw. >> Neil, I I said I'm sorry for that. >> You grabbed my arm. >> I did. Okay. >> And how would you feel if I did that to you? >> I wouldn't like it. >> That's what I thought. >> All right. You ready to walk upstairs? You take these cuffs off of me. >> I'm not going to. >> Yes, you are. >> I'm not. >> Yes, you are. >> Neil, we need to go upstairs. >> You are not taking me to jail. >> You said you wanted to go upstairs to talk to dad. >> Yeah. >> That means you had to walk. I'm not carrying you up the steps to talk to dad. >> Get your hands off of me. >> No. >> Yes. >> No. >> You're hurting me. >> That's because you're leaning back. Stand straight forward up. And I have no pressure on you. >> Then get your hands off. >> Look at that. Now there's no pressure. >> Then get your hands off of me. >> All right, Neil. We have to walk up the steps. >> I'll walk up with you. Okay, >> get your hands off of you. >> Let's walk up the steps. >> Okay, let me check my burn. >> If that leaves a scar, just know that I have a good police officer friend. I'm going to place you under arrest. What's your name? >> Urbansky. >> I'm going to place you under arrest. >> Down. You are not going to kick an officer now. You are going to get charged with aggravated battery. We will log mail 95 for >> and aggravated battery. >> We are not doing that. >> Now, we're not going to ask you. You're going upstairs one way or another. Either you're going to walk or we're going to get four of us and we're going to carry you. Do you understand? >> No, I don't. >> I don't want to. >> I know. But the thing is it can't hurt you. He can't hit you though. >> I I understand that common is happening. You see the work if it does do that. You will be gone for life. I understand. So, just let you know our cameras are on and stuff like that. Okay. Now, do you need to go to the hospital? >> No, she's open. >> I can tell you're hurting. >> Her back is hurting. >> Could I see Can I see your back? Do you have any marks on your back? >> She had it. >> Yeah. >> Can I just see? Please come. >> Sure. >> I just want to see it. >> It's okay. >> Not bad. You know, just some room where they are. Were those all from Were those from today? >> If you want, I can. This is the fourth time. >> I don't want to show you. >> Okay. >> Okay. >> I'll show you. I have taken the picture. So, >> is it Did that happen today? >> Yeah. I got deleted once. >> It should be there. >> Yeah. >> Somewhere. I want deleted all. >> We just want to make sure that we get in all the help that he needs, right? >> Deleted all those. >> So, he punched you and kicked it today just now. >> Yeah. Do you want to cooperate with Elar saying that? >> No. No. >> Arrest him. Don't arrest him. >> They have told me >> if he gets one more time. >> But we but we have no choice. >> She has injuries. >> I know. But whatever you want to do because he cannot stay here. I'm tired of it too. This is the fourth time. >> I'm concerned >> and I'm concerned. >> You go to the motor. >> No, it doesn't work that way. >> Just calm down first. Just take some deep breaths. Have a seat. But you're not hurt. >> No, I locked it up. I locked it. He's the one wanted to help him because he always calls mom, "Help me." And he loves her, but at the same time, he just doesn't understand. He has a bipolar disorder. And >> are you sure you don't need any? >> No. >> Okay. There's one coming out right now cuz he wanted one or cuz he has stomach pain. >> No, he >> Yeah, I know. I know. But you sure you don't want to get seen? You don't have to go to the hospital, but you want them just check you out? >> No. No, I know how to check myself. >> So, did you get kicked in your head? Okay. Do you know >> must have Do you know where you're at right now? >> Yes. >> Where are you at right now? >> I'm in my bedroom. >> Okay. What What town are we in? >> I'm talking to Hernandez. >> Yeah. What? >> I am at Mandota. >> Okay. Okay. >> No, see I just want to make sure. No, that's all right. That's good. I think I may have it in the Google photos. I can show now once I put it on then, you know. See, he did with that one. That was that was on see is the back part. It was >> those are the bruises, you know, >> her back. >> And how does he hit? Does he hit like >> this? Yesterday punching and >> no kicking you know kicking >> kicking kick. But how does she get this >> this one? I don't know. Today I didn't watch. Maybe he must have kicking or he must have hit he must have done with the nail mark here too. >> I don't know. >> I think so. Yeah. >> Must be I don't know. >> Yeah, he he must have banged her head or something. >> I don't know. It's okay. It's okay. >> No, >> it's okay. >> I didn't realize that one. Yeah, it's bad. Could I could we take pictures of that? >> He's my son. >> No, I understand. >> And I don't want him to go to prison. >> I understand that. But >> but he has to take a picture. Mom, please. >> Could we take a picture of that? >> No. Anyway, it's too late. They are going to arrest him anyway. No. >> Take pictures now. >> You're not going to arrest him. No. >> Listen, we're not there yet. We're not there yet. My main concern is your safety and your your health. >> She's okay. >> I understand that. But I see. But could you let me take pictures of that? >> Please let him let him. Please. >> Is that a yes or a no? I don't want my son to get hurt. But >> we're not going to hurt him. >> No, no, but he can't he can't. >> But those will go into the proof. You know, she's worried about that part, you know. It becomes a proof. >> No, but we can see it. So, it's still proof >> at least. Okay. >> You don't have to sign the complaint. Okay. We can do that. Obviously, there's physical injuries. >> You all complained and that's why he's in more trouble that he was kicking you, biting you. And when I asked him, "No, Hernandez, listen to me. Because I saw the tape. I came to the chief also. >> Mhm. >> And he was not trying to kick you or bite you. He had so much pain. So he was trying to do his exercise. >> Oh. >> Well, we didn't charge him for aggravated battery. Yeah, that's what they did. >> No, we did once cuz he did kick an officer. We did. We kicked one. He >> the other times we did. >> He was just in the pain the way you were putting. >> He didn't he didn't bite us, but he did kick us. No, but that's the water was that he was biting you and he was kicking you. He was just trying to stretch. >> He didn't kick. He didn't kick me. He kicked officer Hoaxter, >> right? Kicking. He was just trying to stretch the legs and right now that's for felony charge and we are going through so much trouble right now. >> I know >> when he has not done those stuff. >> I need you to stay put here with Officer Ucus. Okay. And you sure you don't need an ambulance? I'm going to go check. >> I'm going to go check how he's doing. Just stay in here. Okay. >> Okay. I'm not coming there. I know. >> Because he's already mad on me because I called. So >> Oh, you called. He's mad because you called. >> Yeah. >> And I have my camera on too, just to let you. >> I'm sorry. Sorry. >> That's okay. >> Because I told him I'm not going to call if you stop it. But he did not listen to me. So >> no, I understand. >> So >> what was your first name again, sir? >> Darami B. >> Darami. >> Dr. B. And she's also Bharti Bhart. Her name is >> Okay. >> That's my wife and her name is Nos. I used to work in Mandota Hospital radiologist. I retired and see as a radiation oncologist. >> No, I understand. Right now they're talking to him to try and calm him down a little. >> Okay. Thank you. >> Yeah. But the other two offic >> we have to do we have to do what the law says. >> I know. >> And we have worried but wanted to know but he was not listening today. He was very >> No, I understand. And with with domestic battery, the law says we have to do what we have to do. We don't get a choice with domestics. With every other crimes, you know, we have discretion. But with domestic battery, the state has said we can't. We have to learn this. >> Yes. >> Last time you took the screen from his >> No, I did not. >> I saw the camera. >> Yeah. >> One of the post those two officers were there with him. I don't know. >> Mhm. >> I'm just saying he said you were there. You took out the screen from his shots. >> Yeah. I did not suicidal stuff. >> Oh. at the hospital. >> Yeah, we have to. Yeah, >> that's what who whoever were the officers I don't know. >> Mhm. >> And then they touched his private area. >> Okay. >> Okay. So, this kind of stuff is really traumatized right now. >> Well, I can tell you I can tell you with 100% certainty we did not touch his private parts. >> That's what you say. But I looked at the tape. >> Yeah. We >> a chief with a chief >> taking out the string. I see it. But then camera was off. So I don't know anybody did that kind of stuff to him. >> No, >> he's mentally already so much traumatized. >> So I can so I can tell you this the the department is always video and audio recorded. So when he was removed the strings he is he was directly transported to cell one. Okay. He was placing >> but his pants were dropping. >> Well his pants were dropping. Yes. Cuz he took the strings off. >> Right. So then somebody and then somebody >> part I think that's what it was. Whatever it was, >> the cells have the cameras. >> I know, but camera was off at that time. They did not >> Well, if their camera here was off, they still have the cameras for the building. >> Oh, but they didn't take it in the building. They took it out or did they take it here? I don't know where they took it out. I don't know. >> I was gone last year, so I wasn't here for that. But they do have cameras that face. So, if there's the cells, they have a camera that faces and that's trying to Yes. But I could. >> Okay. Mental health is very bad here in Illinois. And nobody wants to help you know >> I know >> and they have their own rules and regulation and I said I don't care but help him out you know something >> at least pure could get somewhere to long-term but he didn't like it from hard grow to there you know hard grow was okay but he didn't take care that much treatment part >> and there long-term care he didn't care about >> and and I know that's difficult on you guys because you care about >> go everywhere >> you care about him very Yeah, we love him. But uh when he gets angry, it's very hard. And look at the chairs and he has thrown and everything has broken. We don't care. These are >> not realistic. Those can be replaced. >> I cannot I get worried. >> That's why I didn't call her too. >> I didn't want it. >> And we get worried about your guys' wellbeing too. >> Yeah. This is the fourth month that he has been here. But he was nice. >> Suddenly I don't know what happened. That's the way it happens. You know, >> you just you never know. >> He's just uncontrollable. Then he becomes very uncontrollable. Help me. Help me. He cannot even you know you cannot take him to he doesn't want to go. What can we do? >> Mental health is such a bad you know. >> Mhm. >> At the she told me don't but I said no he's going to I was worried he could something he will do >> serious injury mad doesn't know. >> Mhm. >> He's been doing it for last 4 hours. One every 1 hour he does keeps one hour again like this. the fourth time. >> Yeah, I know. He's telling we are not I hope you're not recording it, right? >> Yeah. Recording. >> Yeah, we have our camera. >> Yeah, >> it's always on. >> But it stays It stays with us and it doesn't go anywhere else. It stays at the police department. >> All the recordings. >> Not to not >> No. Well, they go if the court requests for them, they can get them. But for the most part, it stays at the police department, >> but they don't review the footage of anything unless there's like a complaint or if it's like about if it comes up in court and there's like someone said something, someone else said something, then they would look at the tape to make sure. But just normal interactions, it's >> I think it's better just to stay. He's calling mom. >> I know. >> No, don't go. Don't go. We're still downstairs. >> They will take it off all the clothes anyway. Later there they put their own clothes, I think. Right. >> Um yeah. >> Is he going to be transported now or will be morning? >> Um from >> here to >> it'll be tonight. >> They So I want to tell you guys they did just place him under arrest for domestic battery. >> Okay. Oh, they did arrest. >> They did. Yep. And they're going to do their best to use as little as they can, but he has to go to the station. So, they're going to be taking him to the station, >> then to Las, >> I believe. So, unless he says anything that says he might be suicidal, and then we'd have to take him to the hospital first. But if he doesn't say anything, if he's suicidal and he's all and he doesn't make any statements like that, then he'll probably go tonight to Lasal County. Oh, >> he will go tonight. We have to get our report approved by our supervisor before we can take him. >> Okay. >> His supervisor working at night, too. >> Okay. Do you want to stay in the bedroom so he doesn't see you guys? What was that, sir? >> His supervisor working tonight, too. >> Yes. Yep. So, he'll approve the report. We'll make sure everything is factually correct. There's no mistakes. >> You don't need to sign or anything, right? I don't want to come again. >> Do you you don't want to do a victim packet? >> No. Okay. We have given so many other >> and you guys know if you have any questions or concerns you can always call chief. >> Correct. And we know the chief also. >> Yep. You can call talk to chief and work with that. >> What's his name? For what? >> It's Chief Kellen. >> Kellen. >> Yes. Yep. He works usually most of the days 8 >> morning. Yeah. 8 to about 3:00 in the afternoon. >> Correct. >> Yep. But he'll be able to help with any complaints you guys have or anything concerns. >> And then >> and you have written chief's name too on that one. >> Um I can. Thank you. Yep. >> Chief's 15, right? >> Okay. >> Oh, his name here, too. >> Is it? Yeah. Great. There you go. >> Okay. because I know we've been trying to help work with you guys and take your feedback in the process and >> I appreciate know you guys what you're doing but you have to do your job at the same time you feel bad as a parent because of his mental issue >> I get worried >> it's okay he's going to go get his squad car and pull it up in your driveway so he has less distance to walk >> want to >> Yep. Does he have a shoe that >> we gave him the shoes? I don't know if he was resisting the officers or not. If he still has his shoes on, but we >> he can wear that white stuff, you know. >> Yeah, we we gave him the shoes. I just don't know if he was fighting with them if they fell off. >> But I'm sure they'll give him the chance to put them back on if he's not trying to hurt anyone. >> Okay. >> Yes. >> Because it's cold outside. >> No, I know. And it's wet. >> That's why I know. And I don't like having people walk on the outside, but it's sometimes >> I was very careful because a lot of tree branches were there. I didn't realize it. What >> about the long pant and a jacket? >> Doesn't we can give him a jacket. But from here to the squad car, it's only probably 15 ft. But if you want us to take a jacket with him, we can give him one >> again. Then he they're going to take him to like court again there if they lose it and all that, you know. >> Did they lose his property? >> Last time his shirt was lost >> at the jail. How did the jail lose it? >> Because they gave his own different clothes. Uh they they don't allow his clothes. >> Mhm. But they should give it back when he's released. >> Yeah. But they they say it got lost. >> They lost it. >> Yes. >> They got even written in that that sorry we lost your shirt. >> Okay. Can you stay here? >> Yes. >> Okay. >> We're done asking questions. You will walk and do what we say. Do you understand? >> I was just making sure they didn't come down here. >> I want to talk with my parents right now. >> I don't understand what you want. We're walking upstairs. You just kicked him in the nuts. >> We're good. We're good. We're good. >> And what did he do to me first? >> Place you under arrest. We were up front with it. >> We're good. We're good. >> I want to talk with my dad. >> I understand that. >> I want to talk with my dad. >> You're not going to. >> All right. >> Yes, I am. >> And are you going to walk up the steps for us? >> No. I want to talk with my >> All right. I want to talk with my dad. You want to help out on that side? >> Do you hear me? >> I hear you. Yes. >> You guys go ahead. >> I want to talk with my dad. >> I We have to go upstairs. >> Let me talk with him right now. Let me talk with him. Let me talk with him. >> Do not kick. >> He's trying, but he's all right. Let me talk with my dad. Dad. Dad. Hey, Dad. DAD. >> WATCH YOUR HEAD OUT. Watch your headphones out. >> DAD. HEY, DAD. >> Get these handcuffs off of me. It's cold out here. Get these handcuffs off of me. >> Get these handcuffs off of me. >> It would be easier if you go to your feet. >> Let me talk with my dad. You going to stand up on your own feet? >> Let me talk with my dad. Put your feet. >> Are you going to stand? >> Put your feet down. >> If I let go of your feet, will you be able to stand? I don't want you to fall on your butt. >> You hurt my cheek, too. >> Yeah. And you hurt my feelings. Try to kick me in the nuts. >> I didn't like that either. >> Look what you did to me first. >> Anneil, you're going into a squad car. >> Let me talk with my dad. >> If you get in the squad car, I'll let you roll down the window. You can talk to your dad. Let's get in. >> No, let me talk with him right now. >> That's not how it works. >> Yes, it is how it works. I'll roll the window down. >> No. >> Yep. >> I don't have a cage. >> Yep. >> Please >> sit down. Watch yourself. >> Please. >> Let me talk with my dad. He's right there. >> You want to get into the squad car? >> I want to talk with my dad. >> Yes. Once you get into the car. >> Okay. >> No, I'm freezing out here. >> I understand. My car is going >> No, my mom and dad are right there. See? >> Can I give him a sweet and shock? I tried to I put him on his feet >> and then when I did he kicked me. >> Oh, he kicked you. >> Yeah. >> Yeah. So, he's under arrest for felony aggravated battery >> and domestic battery. >> Oh my god. >> Okay. >> I'm sorry. >> He's kicking because he gets the pain to kick. >> Well, he was standing straight up and went like this and kicked me. >> He was He was He was trying to exercise. >> He was trying to kick me. He He was trying to kick. was not exercise because last time somebody said he was trying to bite but he was exercising it. >> He he he was in pain. That's >> he he kicked me. I mean do you have any ability to calm him down or no? >> No. The more if I go he will be >> okay that's perfectly fine. >> Medication uh if you want to give him or >> can we give him medication now? Of course he will allow. >> No he's not going to take it here or go to county with him. >> No county will not give it. >> Oh yeah. I can't give him meds. >> No, >> just cuz I I I can't because I'm not >> No, but I can. >> No, he he once he's under arrest. No. >> Oh, >> but if you give >> He will be so cold on the floor. >> I tried to get him to go into the squad car. That's why we're backing that squad car up cuz it has a bigger back seat. >> We tried to get him to go in the squad car, but then he tried to kick me again. >> So, where are his shoes and slippers? >> I I'm going to come back and grab them so he has them. >> So, they are down. >> Yes. Yep. They were on his feet at one point, but then he took them off to kick me. >> Yep. I'll come back and grab them from you. Thank you. >> Let me talk with my >> I just spoke with him. He does not want to come out and talk to you. >> I want to talk with him. >> I understand that, but I can't make him come out. >> Yes, you can. >> No, we can't. >> Yes, you can. Anneal, >> do you want to stand up on your own? >> Yeah, I'll be your barrier. >> Please. I haven't. >> I was going to let you, but you don't want to stand up and be an adult. >> Anal. >> So, if I stand up, you're going to allow me to talk with my dad? >> Yeah. And when you sit here, I have to go on the squad. >> No, I don't. >> Well, then we're going to have to put >> Anil, are we going to carry you to the squad or you going to walk? >> Let me talk with my dad. We'll let you in. >> Not yet. You can stop. What do you want? >> Do what they did to me. >> Hold on. >> I want you to admit that I didn't do anything at all. >> Do you want to put your slippers on now? >> Dad. Dad, admit it. >> I did not kick them. >> But you are not done to me. But you did it to >> I did not do it to her. She did it to me. You know it. >> No, she did not do anything. >> Yes, she did. >> Anneil, we're good. >> Anal, do you want your slippers on so your feet aren't cold? >> Yes, I want my slippers on. Dad, tell them that. Tell Tell mom to tell the truth >> right now. Come on. >> I will help you stand up. Okay. >> Dad. >> Dad. >> Mom, tell the truth. >> We're going to walk to the truth. >> Tell the truth. Please. >> Anneil, your slipper's falling off already. >> Tell the truth. >> Let me No. Let me talk to him again. Please. >> Anal. >> Even if the domestic drops, you kicked me. So, I ain't doing you no favors. So, let's go ahead and walk to the squad. >> No, let me talk to them. >> We're going to walk to the squad. >> Let me talk to them. >> Let's go for it, buddy. Let me talk to my dad. >> Let me talk to my dad. >> Let me talk to my dad. >> Hey, >> let me talk to my dad. >> I have not done anything. >> Okay. You You even think about it. Okay. I got >> Dad. Tell them the truth. Dad, >> you're hurting my feet. >> I'm not trying to slide. >> You need to bend them inwards the way they go. >> I know. Slide down. >> I didn't do anything at all. >> Please. My mom has not been giving me food or drink. >> Knock your feet in. >> We We could Hey, that's a whole another issue. Okay. >> Your feet. >> Get your feet in. I don't want to shut the door on them. >> Your name. I know. Hey, come on. We're not doing this. It ain't got to be like this, son. I know. >> Please. You're hurting me. >> Please. I don't want to hurt you. Can you just clean your feet? I'm sorry. >> No, you caused bodily injury >> and I told you ahead of time. >> I want to go to the hospital. >> That's where I'm taking you. We've been spending what, 10 minutes here trying to get you on the spot. >> No, you said that you were going to take me to jail. >> I will take you to the hospital first. Okay. You going to jail has nothing to do with you going to the hospital. Okay, >> Neil, do you want to get checked out at the hospital? >> I want to go home. That's >> okay. We're going to go ahead and close the door then. >> Get your foot in there. >> No, I do not want to shut the door on your feet. >> I want to talk to my dad. >> I got you got them. >> Yep. >> Under Graham versus Connor, force is evaluated on three factors. the severity of the crime at issue, whether the subject posed an immediate threat, and whether the subject was actively resisting. On all three, the force used was within the objective standard. The offense was domestic battery. The subject had been non-compliant for 20 minutes and was actively resisting handcuffing. Officers used hard empty-hand control to a takedown and ground restraint. No weapons, no OC spray, no taser, no strikes. The resulting carpet burn was acknowledged on camera immediately, which is the legally correct response. When officers brought the subject to his feet for transport, he kicked one of them. Under 720 Illinois compiled statutes 5/12-3.05, 05 subsection D4. Battering a peace officer performing official duties is aggravated battery, a class 2 felony carrying 3 to 7 years. That single kick converted a class A misdemeanor into a felony entirely separate from the domestic battery question. It does not matter whether the underlying arrest is later challenged or the domestic charge is dropped. The officer battery is independently chargeable and it stands on its own. Miranda versus Arizona 384US 436 1966 requires that anyone in custodial interrogation be informed of the right to silence that statements may be used against them and the right to an attorney including an appointed one if they cannot afford counsel. The advisement captured on camera covered silence and use of statements. The right to appointed counsel was not clearly stated. That gap is a suppression issue. If the subject made any incriminating statements after this advisement, defense council will move to suppress them and depending on the trial judge, they may succeed. Anil Bate was charged with domestic battery under 720 Illinois compiled statutes 5/12-3.2, two, a class A misdemeanor, an aggravated battery on a peace officer under 720 Illinois compiled statutes 5/12-3.05, a class 2 felony. At the time of this analysis, the disposition of both charges remains unknown. The lead officer receives an A minus. He demonstrated patience that is uncommon in a 20minute non-compliance situation. He accurately explained the mandatory arrest statute to both the subject and the parents. He removed the officer the subject objected to called EMS, warned of every escalation step before taking it and acknowledged injuries on camera. The only procedural gap is the incomplete Miranda advisement. The right to appointed counsel was not clearly captured and defense will flag that at trial. Anil Bate receives a C. His conduct was legally self-defeating at almost every decision point. Hiding in a closet, refusing to stand for 20 minutes, resisting handcuffing, and kicking an officer. Each choice compounded his exposure in a case that might have resolved as a misdemeanor. His counter claim that the mother struck him first was legally relevant under 750 Illinois compiled statutes 60/214.5 which requires officers to identify the primary aggressor. Stating that clearly and immediately was his only in the- moment tool. Instead, the refusals and the kick converted the evening into a felony arrest. Barti Bate, the mother, receives a B minus. Her cooperation established probable cause and her visible injuries provided the evidentiary foundation for the arrest. However, her refusal to allow officers to photograph those injuries removed documentation that could have supported the full picture of what happened. Saying do not arrest him was legally irrelevant under the mandatory arrest statute, but it created confusion during an already difficult encounter. Dami Bate, the father, receives a B. He initiated the call, provided consistent and specific information to officers, and disclosed his son's bipolar disorder diagnosis on camera. That disclosure opens the door to 7:30 Illinois compiled statutes 55-6-3.1, which allows courts to consider mental health alternatives at sentencing. That may be the most consequential thing said on this footage for his son's long-term outcome. First lesson. When two parties make conflicting domestic battery claims, the primary aggressor determination matters. Under 750, Illinois compiled statutes 60/214.5. Officers must identify the primary physical aggressor, not arrest both parties. If you believe you were attacked first, saying so clearly and immediately to responding officers is the only in the- moment tool available. Every refusal to engage verbally eliminates that argument. Second lesson, battery on a peace officer during an arrest, even a disputed arrest, is a self-contained felony. It does not matter whether the underlying arrest was legally justified. The moment you make intentional physical contact with an officer performing official duties, you have committed a separate crime under 720 Illinois compiled statutes 5/12-3.05. Compliance during the arrest and challenging it in court afterward is always the better path. Third lesson. If a family member has a documented mental illness and law enforcement contact is recurring, build an alternative response plan between episodes, not during them. 7:30 Illinois compiled statutes 55-6-3.1 allows mental health diversion at sentencing, but that option narrows significantly once a felony offense against a peace officer is on the table. Document the diagnosis. Contact the public defender before the next crisis. That is when options still exist. Let us know if there is an interaction or legal topic you would like us to discuss in the comments below. We read all of them. If there is a body cam interaction or legal question you want covered, let us