you know I got something I can pay for it yes I watched everything on camera all that get back I watched everything so I need you to come with me how old's your son you've been in here he's eight okay and you've been in here for how long and you left him outside in the car so let's go to the office do you want to play that game you have to get charged with child endangerment too you're gonna have totally different charges you're looking at assault and obstruction no it's a felony so obstructing you were interfering with an officer while conducting his lawful duties no the pushing him and causing injury to him that's the felony my man on May 14th, 2024 officers in Ohio responded to a Walmart for a reported shoplifting complaint two siblings were the subjects of the call and both would ultimately face felony charges the case did not end as a misdemeanor it ended as a fourth degree felony robbery under Ohio law the reason lies not in the value of the merchandise but in a single act of physical resistance you know I got something I can pay for it yes I watched everything on camera all that get back I watched everything so I need you to come with me I got all my receipts for you he watched our camera so we'll count it up we'll count it up in the office see what you paid or did not pay for OK I got you pulling the receipts out of your purse he brought you that purse we pulled them out of your purse so let's go to the office cause I didn't even return something okay but you still have stuff you didn't pay for we just washed everything the officer washed it with you we've been following you since you were putting clothes off hanger what you mean putting clothes off hanger let's just go let's just go to the office first of all you're not gonna do that what's that this with that's my purse okay but this is their item so you stole my purse it's nothing in in in with no item in there okay so we're just gonna go to the office we're gonna count up what you took here and go from there okay first of all I don't I don't y'all y'all not about to embarrass me like that through this door that's why we're going to an office so we don't have to do all this out here hold on let me call my brother is that who you were with no my brother is a police officer OK it's all on video what's on video you grabbing all that and not paying for it you putting stuff in this bag along with the gentleman putting stuff in the bag that had a white T-shirt who had a white T-shirt we'll show you the video like I said it we're just going to the office right now we're gonna figure it out I'm calling my brother like I said alright can you walk and talk no cause I haven't did anything and I'm not under arrest I didn't do anything well you are detained so you said what you're detained right now for theft you passed all points of sale with these items that you did not pay for so you're detained I'm not putting you in handcuffs or anything right now I mean I'm not I don't want to get to that point so if we just walk to the office it won't you're detained for that because my son is in the car ma'am can we walk back to the office please I'm gonna stay right here and I'm gonna wait for my brother 230 ma'am do not walk outside right now don't touch me I'm not gonna touch you if you just okay so so move out the way we're just gonna walk back to the house I said my son is outside and I said you're detained for that like I just said my son is outside okay can we just walk back to the office so I can check on my son my car is right there how old's your son you've been in here he's eight okay and you've been in here for how long and you left him outside in the car so let's go to the office do you want to play that game you have to get charged with child endangerment too cause you left him outside how's the child endangerment you've been in here for how long and you left your eight year old son out in the car is that true so we're gonna walk to the office okay we're gonna walk to the office like I said don't don't rush me out like I said I'm gonna check on my son ma'am you are detained right now come here for like for real like I'm confused for real you guys are both gonna come back to the office get off of me oh my god oh sh*t wait stop stop stop stop stop stop you're gonna start running put me down sir don't reach do not reach do not reach we're running up to the parking lot we have to work to exit near the casino stop stop stop right now you're gonna get tased oh I give up well one hitting me when you tackle me I tried to get to you you're my sister what I supposed to do well she was detained for theft radio got one male detained there's another female that ran as well you got any guns on you knives anything like that why you running he was on my sister he was on your sister yeah okay so here's what's up i'mma roll him over to me yep okay female also took off running well obviously you're in handcuffs so you can't suck so you're gonna roll over on your side over to me okay how many where'd she go what you done you got any guns on you I don't know I chased after him after she tried running I tried stopping her alright he tackled me you alright god bye all that sweat trick is paying off what's in his pocket vape pura vape female in a Nike hat and a white top I believe you got ID on you my man which pocket the other one right here you're ripping my pants I'm not ripping your pants it was in rubbing on the concrete you're being detained you and your sister were being detained so you guys started running pull this leg in you tell you grab you tell my sister on the ground pull your leg in I tried running there you go alright stand up I told her she was detained multiple times pull your pants what's your first name man we got him well yeah do you see him tackle me no I pushed him no he didn't put your hands on an officer on my sister he slammed my sister on the ground you guys are being detained that's the I don't know what's going on what's going on in the store I don't know just start pulling up that video for me would you under Ohio Revised Code Section 2913.02 theft is complete once all points of sale are passed no exit from the store is required the offense is fixed at the last register not at the door Ohio Revised Code Section 2935.041 grants merchants authority to detain a suspect on probable cause that detention must be reasonable in manner reasonable in duration and confined to the mercantile establishment once loss prevention conveyed direct observation of the theft the responding officer inherited full probable cause the pivotal statute in this case is Ohio Revised Code Section 2911.02 the robbery provision robbery is defined as attempting or committing a theft while inflicting attempting or threatening physical harm on another the statute does not require force against the property owner force against any person including a responding officer satisfies the element one act of physical resistance therefore converts a first degree misdemeanor into a felony of the second or third degree the attempted robbery designation reduces the offense by one degree producing the fourth degree felony imposed here Ohio's complicity statute Ohio Revised Code Section 2923 0 3 extends this liability to all participants both siblings were acting in concert during the theft so force used by one is legally attributed to both this principle explains why the sister who used no force herself still faced felony robbery exposure the assault charge is anchored in Ohio Revised Code Section 2903.13 subsection c paragraph 5 elevates assault to a fourth degree felony when the victim is a peace officer in the line of duty obstructing official business under Ohio Revised Code Section 2921.31 becomes a fifth degree felony when physical harm risk is created the officer's use of force during the foot pursuit is analyzed under the Supreme Court's decision in Graham versus Connor that standard requires reasonableness to be judged from the perspective of a reasonable officer on the scene not with hindsight all three Graham factors are present here severity of the offense immediate threat and active flight from arrest the verbal warning issued before any threatened Taser deployment complied with standard department use of force policy the subsequent vehicle inventory search is governed by the Supreme Court'S Decision In South Dakota V. Opperman that decision authorizes routine inventories of impounded vehicles for the purposes of property Protection and officer safety the firearms counterfeit checks and tampered identification documents recovered were therefore lawfully seized under that doctrine what have you have a seat back here water watch yourself female car running he said so you pushed him so she was in there she kept hitting one of these she like trying to get around me in the in the vestibular we're just standing there I'm like man these you did not pay for I don't know what you're talking about and then tries running so I go to stop her then we go to the ground and then he tackles me she gets up and runs and I go after him just like think though he can come back for that I don't know where she went I'm gonna party and showing this dude every time rip your pants in my knee dude every time let me uh I'm gonna check and see in the parking lot how big was she how small small small like I said she had a Nike hat on and like a some sort of dress see see here's where the problem is you put your hands on an officer and that's a no no he was trying to detain your sister cause she stole some stuff he slam I don't know what's going on he slam myself on the ground no I know that officer he doesn't just slam people to the ground so well no that's what you just said so well no that's what you just said so do you guys see that if you did did you see where the lady ran no she ran one way he ran I know the dude said because he tackled me that's why the dude said he got her phone though and you wonder if somebody died like that you could go to the doctor man I know he leg up did you fall well yeah I got I want to get her and she tackled me what so and she got loose I thought you was gonna shoot his *ss that's why well did you see him did you see him like this yeah I just think she's crazy no see they would have then they would have been blaming y'all no they wouldn't blame I don't want to go to court on that but you know how people like to be on record I mean how many times did I tell her how many times did I tell her oh so she ran she's over here walking around somewhere y'all are fine or in her car I don't know that's why I'm gonna walk around over here oh you remember what she look like I don't think so she probably she probably in the forest but they got cameras out they do they're pulling out apes apes out here right I already called I called the feds like he said yeah thank you guys thank you do you guys drive here you walk here what did you do you walked here from where huh where did you guys walk here from still more you live on still more what's the address on still more what's the address on Stillmore what's your cousin's address you don't know the address you just said two what's the address you don't know your cousin's address but you were you were coming from there that's that ain't the keys to the car sir huh that's not the keys to the car don't worry about what what's the address on Stillmore I don't know that's my cousin I don't know the address how did how did you get here then that's my cousin's keys what car did you drive I just there was house keys on that key but he made me drop them there was keys to the house what kind of car did you get here we walked we walked to still more yeah house keys can you find my house keys sir no what what happened what did I what did I do to you what did I do to you you didn't do anything to me you tackled my boy though I didn't tackle I put you slap somebody grab the shoulder put him on the ground what did you do a police officer what did you do a police officer your sister obviously up for him to be doing something you buying him new pants too uh let me get a let me get the name off of this but this is what one of the items I fell out of her purse and then she dropped the phone and your witness I'm covering up with I got you my body cam the routing and the the checking my body cam's on here good okay I just wanna put her name in the system if this is her right but I'll give that to you if you guys wanna do whatever you do did you see which way she ran no but what she got up but I mean just play this first cause I want to see if what I remember is actually what happened she wouldn't cooperate you wanted to detain her and then he runs up and pushes you okay that's all I needed to see yep she took off looks like she ran straight this car was already already had the light on it and she drove ran past it unless she jumped in it uh she's ducking down right there she got under she hid under a black truck looks like she might be out there still yeah I'll do a double check if you see anything different call me I got you that's assault brother what it's felony you fought a police officer I didn't fight him I don't know what you're thinking you put your hands on him it's also obstructing I believe it's an additional charge what am I supposed to do what am I supposed to do can I please follow him yeah you're going to jail for tackling a police officer not very smart I can take you to the hospital if you want chirp this this is still more in the garage from the female no this was on him but it's the cousin's car also that he said it might be the cousin's car that's going on a property okay unless he can call her 22 the cars last seen on the camera she was in front of the grocery side hiding in between cars as of 10 minutes ago he's watching on the cameras as of 10 minutes ago she was hiding ducking under these cars and I guess she ran do you know which direction but so she ran like towards towards Footlocker well we'll figure out we got her coming out that way all the way well she's probably going still probably yeah so is that a good description white top and a black hat it's honestly we got her we got her name and stuff we were just checking um we got her name so it's not a big deal I just wanted to make sure she still wasn't here what's that it says something that's how the that's how the call came out for me nope that's how the call came out like I said you're gonna have totally different charges you're looking at assault and obstruction no it's a felony so obstructing you were interfering with an officer while conducting his lawful duties no the pushing him and causing injury to him that's the felony my man the primary responding officer earns a B+ for lawful detention clear communication and a deescalatory tone deductions apply for vestibule positioning that allowed a third party to close the reactionary gap without warning the sister earns an F for noncompliance with a lawful detention flight and the identity fraud conduct uncovered afterward the brother earns an F because his single act of physical resistance triggered the felony elevation for both siblings no mitigating factor in the record cures conduct that assaulted a peace officer conducting a lawful arrest the doctrinal lesson is that theft becomes robbery through the introduction of force regardless of merchandise value the practical lesson is that one physical act during a lawful detention can convert months of exposure into years of consequences the strategic lesson is that compliance during a lawful stop preserves every legal defense a suspect may later raise in court the tactical lesson for officers is that contact and cover positioning reduces the risk of third party intervention during retail theft detentions let us know if there's 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