Are you touching me? >> No, this isn't the first time. >> Just one second now. One second. >> I'm in law school. I wanted to leave. I tried to leave. They wouldn't let me. THEY WOULDN'T LET ME. >> SHE TOLD OFFICERS SHE COULDN'T GO TO JAIL because she was in law school. She said this in handcuffs at the dealership that had just fired her. February 20th, 2022, Fort Myers, Florida. Officers from the Fort Myers Police Department respond to Victory Lane Chevrolet. The call is about an employee who showed up to work intoxicated. She's been fired and she won't leave. Here's what officers learn when they arrive. The employee was caught drinking on the job. She was terminated that morning, literally 10 minutes before management called police. And from the moment she was fired, her legal status on that property changed completely. >> Ma'am, how are you? We got a call from your guys. >> Who called you? >> Manager in the back room or something. Employee causing a scene. >> I mean, we just just had a scene just now. >> Okay. What's going on with >> Follow me. >> Where is she at? >> She's downstairs. >> Oh, so what's the background, sir? >> So, we've got She was on the phone >> Mhm. >> and one of my other employees downstairs heard the person that she was on the phone with and he stopped drinking while on the job. >> Okay. >> So, >> Did she get terminated or something? >> Yes, we just terminated her today. Like literally before this whole situation. >> And what is she doing here? >> She won't leave. So, we just terminated her like probably 10 minutes before you guys and she's refusing to leave. >> Okay. So, are you her director of last year? >> Yeah, I'm the manager and I'm the owner here as well. >> Okay. Where is she at now? >> She's downstairs. >> Yeah. >> Hey, ma'am. How are you? >> Hi. >> You doing okay? >> Yeah. Um hi, what's your name? >> I am Officer Peperoni from Pomona Police. >> Um how may I help you? >> No, how may I help you? What's going on? >> Oh, nothing. I'm just trying to figure this out. >> Figure what out? >> Um this. >> What your name is? >> Nallely Natera. >> Nallely? >> Nallely. >> Nallely. Okay. >> Yeah. >> Do you have any idea why I'm here? >> No clue. Just trying to >> like to know why I'm here for? >> That's your problem. >> Okay. Well, I know what I'm here for. That might be your problem, actually. >> Uh >> That might be a business of yours. >> Good seat. >> Hey, miss. Ma'am. Hey, can you let I have a partner of mine coming? Can you No, no, no, just like So, if you can just phone them and let them know like guide them through back here. >> Yeah. >> Backup arrives to assist with the suspect. >> I believe they asked me to leave and you're not leaving. >> I am. I am. >> Okay, what when when is your ride coming here? >> Oh, cuando mi mama dice que va a venir. >> My my partner doesn't speak Spanish. Okay? >> Your partner doesn't speak Spanish, right? So, that means that I have to physically >> Do you Do you guys officially ask her to leave the property? >> Yes, we did and her mom was on the phone after I told >> Yeah, my mom said that she was on the way. >> Her mom said she's not coming to pick her up. >> No. No. LET ME PUT MY MOM ON SPEAKER. >> YOU need to leave the dealership now, please. >> Okay, so ma'am, let me Okay, so the phone >> You can hang up the phone, too. >> Okay, so I I asked my mom to come on the way. >> Your mother told me she's not picking you up. >> So, who What's my mom's name? >> I don't know. She was on the phone. >> Okay, so let me >> She doesn't speak very good English. >> Okay, so that means that you don't know my mom's name. So, that means that I have to get my mom >> Can I just ask you to leave? >> No, I don't >> It's It's time to go. We're We're telling you you need to leave. You're going to be trespassing. >> can't I can't call my mom and ask her >> You don't They don't want you to use your their phones, okay? >> So, I can't ask my mom to come pick me up? >> You can use your phone, not mine. >> You have a phone? >> Hi, Mom. >> All right, we're going to go outside the front entrance. What's your first name? Okay, I got enough. We're going We're going outside. >> Are you touching me? [laughter] >> Let's go outside. We've asked you to leave. Let's go. We're going outside. Let's go. >> Are you touching me? >> Yes, we that Everyone's asked you to leave. Let's go. Let's go. Time to go outside. >> I will I will pick myself up, but don't touch me. >> Okay, let's go outside. We've asked you to leave. >> Let me grab my purse, but do not touch me. Okay. >> Outside. >> my lip gloss. Like Like, bro, what the [ __ ] is wrong with you? >> We've asked you to leave. It's time to go. That's Okay. All right. All right. Put your hands behind your back. We're We're not doing this. We're not doing this. >> BRO, STOP. STOP. >> PUT YOUR HANDS BEHIND your back. >> No, I'm not >> Try to avoid resistance. >> No, this isn't resistance. >> This is resistance. >> This is not resisting. I'm not resisting. I'm literally innocent. I'M INNOCENT. >> THIS HAS BEEN SUPER SIMPLE AND YOU could have just left. Lock it. Lock it real quick. >> No, don't let go of my stuff. Look at my phone. No, this isn't >> Stop moving. Stop moving. Stop moving. >> What's wrong with you guys? This is my phone. >> Hey. Hey, what are you doing? What are you doing? >> No, don't let go My purse. That's my purse. That's my phone. That's my Like what are you guys doing? That's my purse. >> What are you doing to yourself? That's the question. >> What's the question? >> You've been drinking a lot today. I know what you were drinking, my dear. Pretty strong. >> No, I'm not drinking. >> Hey miss, do me do me a favor. Do a sweep on that desk. Make sure that nothing else that belongs to her is there. >> You know what? You know what you guys You guys This whole company >> Just one a second. Make sure nothing else is in there. >> By my law, bro, this whole company's going to be sued. Come on, TAKE ME OUT, [ __ ] TAKE me out, [ __ ] >> You could have just left. THERE'S NOTHING OKAY. OKAY. NO, NO, NO, THAT'S IT. >> AND you guys are going to get get sued. >> Okay. Well, you could have just left like right now. >> I I wanted to leave. >> What? I'm pretty sure no one asked you to leave. >> No, one wanted to leave to leave. But guess what? This whole place is going to be sued. It's going to be sued. [ __ ] this place. This whole place is going to be sued. [ __ ] this. >> Stop. Stop moving around. >> give a What? >> I'm in law school. I have a clean record. >> Okay, but like we said, you could have JUST LEFT. >> I WANTED TO LEAVE. I TRIED to leave. They wouldn't let me. >> It didn't seem like that. >> THEY WOULDN'T LET [screaming] ME. >> EITHER WAY. >> [ __ ] this, please. Take these [ __ ] off of me before >> not coming off. You're going to jail. >> You know what you guys >> What you going to say? >> I'm going to [ __ ] jail. >> Question. >> I love restaurants for this order intoxication and trespassing. You guys are tall. Some cargos menores. No pasa mas nada. So mom basically says that she has like mental issues. She's bipolar and any little drink that she takes it makes her like that. >> Okay. >> Any little alcohol. And that's what she was having. >> Yeah. >> Hello. How you doing? >> Hi. I was wondering if I could have my purse. >> Your purse? No, you're under arrest. >> Well, why? >> How much do you I just talked to your mom, right? You You care about your mom? >> Um, you told >> I told I told your mom that you're going to go to jail. Yeah, I told your mom you're going to go to jail to stay calm and collected because >> Why am I going to jail? You told me I'm in law school. So >> That has nothing to do with you going to school. >> Okay, so >> Trespassing, resisting, and disorderly intoxication. >> I didn't work here. >> Okay. Look, you can You can talk to the judge about that, okay? >> They told me to come here. >> Yeah. >> What trespassing am I doing? >> We asked you to leave. We asked you to leave and you wouldn't leave. >> And I left. I was just finishing and I got the call. >> I am. Typically, I try not to do this, but you gave us no choice. I I don't I don't want to take you to jail. >> I'm in law school. >> I understand that. >> I can't go jail. >> But you could have left when I asked you to. >> I can't go to jail. I'm in law school, please. >> Why Why were you drinking? You're at work. What were you doing drinking at work? Are you supposed to take medication for anything? Your mom told me. >> I'm in law school, I have a 4.0 >> Okay, are you supposed to take medication? >> Yeah. >> Does that medication mix well with alcohol? No, right? See? Why Why did you drink this? >> I don't know, but I'm in law school, please don't ruin my future. I don't I can't go to jail. I'm I'm in law school, I have a It's only a misdemeanor. >> I have a 4.2 GPA, like I have over a three Like look my name up, Nailena Tiaga. Nailena Tiaga. I have an associate's degree in legal studies. I don't deserve to go to jail. >> All right, we're going to get you out to search you, okay? You're going to cooperate? >> Search me, baby. I got nothing on me. >> It's just policy before you go to jail, okay? Turn around, face car. >> [clears throat] >> I'm going to adjust this cuff when you're done. >> Yeah, it hurts really bad. >> to adjust this. >> I I don't feel like there's there's no pressure in my fingers. >> Yeah, well. >> I don't feel anything, but touch me all you want, baby. Touch me all. >> Good? >> I can't feel anything in my fingers. >> Uh it would have been a lot easier if you didn't resist, then they would have gone on like a normal person. Since she doesn't have a >> if these people were being honest. All they said is that I wanted my mom. And all I said is uh I'm okay. I'm not trying to fight you guys. I'm not trying to do anything. >> Well, you did though, remember? >> home. No, I'm just trying to go home, man. I'm just trying to go home. >> What's your head going to do? >> I'm just trying to go home. I'm just trying to go home. >> Uh it's trespassing disorderly intox She doesn't >> She's highly intoxicated. >> Come on, step out. >> Here? >> No, it's just I'm thinking I'm falling down. >> They're not taking those out. >> Are you on sick any kind of meds? >> No. >> Going to hurt yourself or anyone else? >> No. >> For our safety and yours? >> No. >> No. >> Nope, you're not going back in there. You're not going back in there. Come on. Come on. >> Is my stuff in there? >> Come on. >> Okay, I'll I'll I'm going with you. You know, I I trust you. >> Okay. >> She was no longer an employee. She was a trespasser. Under Florida law, trespassing after a warning carries up to 1 year in jail and a $1,000 fine. The warning had already been given. She was still there. The officer meets Molina in a back room. She's calm at first, then she decides the best opening move is to ask the officer how she can help them. Officers take note of the energy, then they get to work. Molina says she has no idea why police are there. The officer offers to explain. She tells him that's his problem. Most people, when a police officer offers to explain why they've been called, do not respond by making it his problem. Molina calls her mother. She wants her mom to come pick her up. The officer speaks to the mother directly. The mother tells officers she is not coming, which removes the last reason Molina had to stay, and the last reason officers had to wait. She's been warned by the manager. She's been warned by the officer. She's been told by her own mother on speakerphone to leave. At some point, the warnings stop being warnings and start being the record that gets read back in court. Officers begin physically escorting Molina toward the exit. She announces that she will pick herself up. Then she asks for her lip gloss. Officers do not stop for the lip gloss. The moment she pulls away from the escort, the situation changes. What was a trespass call becomes an arrest. What was a civil removal becomes a criminal charge. She made that decision in about 3 seconds. She tells them this is not resistance. She says she is literally innocent. She says this while officers are physically controlling her during a lawful removal. Florida statute 843.02 defines resistance without violence as a first degree misdemeanor. Intent is not an element of that offense. One officer gives her the clearest summary available. This could have been super simple and you could have just left. That is not editorializing. That is an accurate legal and factual analysis of everything that happened in the last 20 minutes. The handcuffs go on. The lawsuit threats start immediately. She tells them the whole company is going to be sued. She says this four times. The officers continue processing the paperwork. The lawsuit never came. The arrest record did. After she's secured in the patrol vehicle, Molina's demeanor shifts. She's no longer arguing. She's pleading. She tells officers she has a 4.2 GPA. She says she has an associate's degree. She says to look her up, Nina. She is very specific about all of this. The officer asks a direct question, "Why were you drinking at work?" She doesn't answer. Then he asks if she's on medication. She says yes. He asks if that medication mixes with alcohol. She says no. He asks why she drank anyway. She says she doesn't know. Her mother confirmed to officers that Molina is bipolar and that even a small amount of alcohol affects her severely. That context matters. It does not change the charges, but it explains how a law school student with a 4.2 GPA ended up in handcuffs in a car dealership on a Sunday morning. Molina is booked on three charges, trespassing, disorderly intoxication, and resisting arrest without violence. Three separate charges. Three separate potential sentences. She walked into that dealership that morning as an employee. She left in a police vehicle. Now for the grades, the officers get an A. They responded to a disorderly call and deployed patience far beyond what the situation required. Multiple verbal warnings, a call to the mother, a direct escort attempt before any force was applied. Under Graham versus Connor, every escalation here was preceded by a documented reasonable opportunity to comply. They didn't let the law school credential, the GPA, or the lawsuit threats change the outcome because none of those things are relevant to a trespass call. The officer who said it best said it plainly, this could have been super simple. Molina gets a D. She was terminated. The moment that happened, she had no lawful right to remain on that property. That is not an ambiguous point of law, it is the definition of trespass. A law school student knows this, or should. Instead of leaving, she called her mom, disputed the officer's knowledge of her mom's name, accused the company of a conspiracy, and physically resisted a removal she had been warned about in three separate conversations. Florida statute 843.02 does not require you to succeed in resisting. Attempting it is sufficient. She had the right to remain silent. She had the right to leave. She exercised neither. She had a law school education, she applied none of it. If you want more body cam footage, the moment suspects don't expect to end up on camera. Hit subscribe. We post every week. Drop a comment. She said she's in law school with a 4.2 GPA. What do you think the sentence should be? We'll see you in the next one.