I forgot I'LL SHOOT YOU. WHY? GET THE WHY ARE YOU RUNNING? CUZ I'M SCARED. You worried about the baby now? I really can't breathe. I'm not saying it was right. >> I'm not a bad person. I'mma tell you what, no funny You know what? YOU DON'T GOT TO THREATEN me cuz I didn't threaten you. Three questions. Did the officers act within the law? Did the subject have a defense and what is her sentencing exposure? Short answers, yes, no, and [music] plenty. He hit my car. I called >> the police station. The guy told me to bring him the 225. He hit my car. He been hitting it with four ways and everything. I just need my car. Okay, for your info I'm I'm signed into this car. >> it? Who is he to >> That's my ex-boyfriend. That's my ex-boyfriend. Were you downtown? Mhm. Lafayette? I don't know the name >> And Warren? Is that where it started? Um no, it started on Spring Street. Look this way for me. Look this way. Yeah, you were on Lafayette cuz your earring's over there. My earring? Yeah. 262 dispatch. This is going to BE WHAT STOP! STOP! STOP! STOP! OH [ __ ] WE'RE PASSING REGAL. There's a child in the backseat. She's running. She's running. Stand by. I got her sitting Double check. YOUR HANDS! I FORGOT I'LL SHOOT YOU. WHY? LET ME SEE YOUR GET THE [ __ ] DOWN! Get the down! Get the [ __ ] down! All right, he's down. He's down. Give me your I'm giving you your car. I'm scared. >> One detained, dispatch. One detained. I'm just scared. Tell me your cross of 548. North Clinton Avenue. Stay with the baby. Stay with the baby. IS SHE UNDER ARREST? >> YES, YES. ALL RIGHT, WE GOT THE BABY. CUFF, don't let go of the baby. Don't let go of the baby. Cuff, don't let go of the baby. Just put him in the car. Put him in the car. You're just a part of it. You got to be kidding me. Wait, my video. Can you put my video back? Why are you running? Cuz I'm scared. Scared of what? Why are you running? I can tell you. All right, we're going to get in the car, we're going to figure this out. All right. But wait, do you >> have? Get my baby. >> No. You did OH, NOW YOU'RE WORRIED ABOUT THE BABY. YOU WORRIED ABOUT THE BABY NOW? One car crash in front of 528 North Clinton Avenue. Get in the car. Hey, there. Go Did you go over there? Before I get in, can I just catch my breath? I really can't breathe. I got it. I got it. >> You can breathe fine. You can breathe fine. >> No, I I really did this, ma'am. Can I please catch my breath? It's hot in that car. So I really can't breathe. Keep rolling your WINDOW DOWN. >> GET IN! OKAY. KEEP ROLLING YOUR WINDOW DOWN, PLEASE. YES, YES. MISTER JUST GET IN. HOLD ON. I CAN'T BREATHE. >> [ __ ] is going on? >> to tell you. Open the door and TRY NO! NO! NO! OKAY, OKAY. >> NO! OKAY, I'm about to tell you though. I will tell you. Listen, I AIN'T THE ONE. SO, WHATEVER TRICKS YOU TRYING TO PULL RIGHT NOW, IT AIN'T GOING TO [ __ ] work. Do you understand me? >> Yes. All right. I was just scared. >> taking off running [ __ ] I SWEAR TO GOD, YOU'RE DONE. I WAS I was just scared. I was just scared, ma'am. What's your first and last name? Tempest Ison. I can't breathe back here. Cuz you were running. Because you were running. No, it's not just that. Ma'am. Ma'am. What's your first and last name? >> Ison. You hear me? I S O M >> I need your last name first. That is it. What is it? I S I S, relax. O Can I please >> O what? M as in Mary. Uh-huh. And my first name is Tempest. T E M Uh-huh. P E S P E S T T T T Yes. Ma'am. Listen to me. What's your DATE OF BIRTH? >> AT THE SECOND ONE. BUT MA'AM, I was just scared. They tried to jump me. And I called the I called the police station. >> going to be one and the same with the unknown trouble downtown. I cannot believe you did all that with WHAT ARE YOU MOVING FOR? >> I'm just trying to talk to you. Stop. I'm not a threat. I know I did something stupid, but I'm not >> How old is your kid? He's three. If you Wherever you get him, sir. Sir, please. >> DCP&P is going to be involved. Do you understand that? >> Yes, I do. Okay. Can I please speak? Why were you running for? Who, me? Because I was scared. Of what? I didn't want My baby don't got a car seat. No, that's not Try again. >> Listen Try again. >> Listen. I just bought the car. Where'd you get the vehicle from? I was trying to find the primary borrower because Santander Bank Can you hear me? I'm listening. I was just trying to find the primary borrower because Santander told 262 dispatch. You ever I'm listening. Okay. Yeah, unfortunately I still have to talk, so Woman to woman, it has nothing to do with me trying to run, okay? I know I was wrong. But what I'm saying is Earlier today I got a call from Santander. I'mma move the car. And they told me that I ordered See, I feel like I don't Are you listening to I'm listening. Listen, if you want TO PLAY THIS GAME, WE CAN PLAY THIS GAME. BUT I'MMA TELL YOU RIGHT NOW, I'MMA TELL YOU RIGHT NOW not with me. Ma'am. Not with me. >> Ma'am, I'm not that type of person. I'm just scared. So, if you're going to tell me a story >> I'm going to tell you the whole thing. >> And nothing but the >> Because this was called in a few times. So, if you're going to sit there and lie >> And I called it in. Okay, so let's try again and then you can tell me what happened. AND IF YOU'RE NOT GOING TO BE TRUTHFUL, then you can KEEP ADDING CHARGES. ALL RIGHT, so what happened? >> That's why I said it's no excuse for me running. I understand that's my fault. I'm not going to take blame on nobody. Earlier today Santander Bank called. So, Rick in the Nissan truck Uh-huh. He is my What do you call it? The primary. I'm Nicole Simon. We broke up September. I haven't had access to this car, right? >> Uh-huh. Where was the baby in the vehicle? When we pulled up, he was climbing out of the front seat. Like they went around to go get her. We were right behind them. We pulled up and he was literally So, he was not strapped in or anything? I don't know. We weren't on the stop. We came from headquarters when they answered up. As we were coming out there, the car pulled up on them. They said she crashed. We pulled up. They went around the car. We We were going to follow them, but they came out of the backseat. But when you when you found him, he was not strapped in or anything? Okay. Does he Does he seem like he has any injuries? I have EMS coming to check him out just because he wasn't in a >> No, of course, but I'm just saying nothing nothing obvious. Okay. >> not speaking. Okay. Okay. All right, so As we're coming out Southern, she has two cars on Perry. She's flying. So, they blow the red light there. We start making our way to follow them. I hit the lights. They both pull over. I'm like, "All right, cool. Get another unit out here cuz I'm not really sure what the hell is going on." Female driver with the baby is in this car. The ex He said he's the ex-boyfriend. He might be the the father of the kid. He was back there stopped. So, she stayed with him. I proceeded up to the further up car to talk to the the guy, see what's going on. She [ __ ] takes off. Okay. Basically brushes me. She starts taking off down this way. Get back in the car. Come ripping down here. We got her disabled here. She takes off on foot. She runs towards the bar and goes down the sidewalk into the parking lot. Tries to get in someone's car. Okay. She's like, "I got money. I got money." Like ripping on the door. Okay. Can't get out. Takes off on foot again. Goes around the thing. We catch her right by the fence over there, right by Engine Whatever that is. Okay. And uh take her into custody there. So Santander's like "Oh well, if you get you got to get a record from the police station to show that he's not, you know, obligated with the thing." I called the 989 number earlier. Uh-huh. >> I spoke to a man first. Uh-huh. And then I spoke to a lady. And then a man called me back, but the phone disconnected cuz it was a Wi-Fi call. And that officer was telling me to follow him to 225. When I called, I was asking for an officer to meet me on Stuyvesant because I was in pursuit of the car. Because I'm never able to find this person to do what I have to do with this loan. You get what I'm saying? So, I thought if I could call you I don't know. I don't know at all. I just know what they told me on the phone. So, I felt if I called the police station, you know what I'm saying? You know what you could do? What? Save your story. Save your story. I wasn't being funny with you. >> Save your story. That's what you could do right now. Right now, you're under arrest, so you know what? All that [ __ ] you're telling me right now Like I said is [ __ ] I'm a grown woman. >> Okay, cuz you ran off. FIRST OFF YOU TOOK OFF on us, put us in a pursuit. >> Scared. Okay? You crashed with all this with your child in the car. >> I'm not saying it was right. I'm telling you I'm scared. So, you put your son's life at risk. You know what it is? I will tell you, but just like you said I messed up and I don't want you to try to use it against me. No, you The only Listen, you messed up on your end all by yourself, okay? >> not saying that I'm perfect. I'm just telling you some real stuff, ma'am. 262 dispatch. You print her out. Ma'am, I'm telling you some real stuff. This is what happened. What are they doing? See what they're doing, Garcia. This is what happened in the course of my night. You get what I'm saying? Apparently there was a hit-and-run downtown. Okay. I guess as they're coming this way, she's on the phone with dispatch trying to advise them The woman is now under arrest. Okay. They pulled her over. Nadia pulled her over. Okay. I guess was afraid of what the other party was going to do, so she just continued where she struck the car over here. And then While Nadia trying to pull her over? So, there's a little bit of >> We had both cars stopped. So, [clears throat] when we got the both cars stopped, I went to the the first car that had a male occupant in it. She stayed back with that car, and they basically pulled over right right behind each other. So, I told the guy, I'm like, "What's going on?" He said, "Man, she's been following me like an hour and a half this night." Smoking and whatnot. As I'm talking to him, I ask him to get out of the car. Right as he's starting to do that, I hear the that engine rev. I turn around, she goes flying by me, like brushes off me, and then comes down to here. We jump back in the car. We got to hers. I mean, she had a baby in the car, so I'm worried about that. >> Of course. By the time we got up to here, she'd already crashed. She gets out on foot, runs. She runs into this parking lot. There was a car that was leaving, she starts ripping on the door. And the car that was leaving is like, "I got money. I got money. Let me in." They're like, "No." Take off. They leave. Uh we get out on foot, chase her around. We get her right at the corner of the fence over there. Mister, I have it as Tempest as them. I called today I called the police station. I'm not saying that what I did was right. I'm just saying I did try to go about it right before it got too much. I didn't >> go. Ma'am, ma'am, ma'am. Listen, you can ignore her. I'm about to go. Right here. Do you want to go right with you? You do by yourself? I know y'all going to arrest me. I'm not I'm not trying to talk my way out of New Jersey statute 2C: 12-1, subsection [music] B, paragraph 5 makes driving a car at a uniformed officer aggravated assault. Recklessness [music] is enough, and a vehicle is a deadly weapon in this state. Layer on second-degree eluding under 2C: [music] 29-2, elevated because flight with a child in the car creates a risk of injury, plus endangering the welfare of [music] a child under 2C: 24-4. Exposure hits 5 to 10 years [music] per count. Duress under New Jersey statute 2C: 2-9 [music] is narrow. It takes unlawful force so grave a person of reasonable firmness could not resist. Panic at a lawful [music] stop does not clear that bar. Miranda versus Arizona and Rhode Island versus [music] Innis draw a bright line. Volunteered statements outside interrogation come in. The cannabis, the edible, [music] the reason for running, all admissible. Graham versus Connor [music] controls on force. A drawn undischarged firearm against a suspect who just weaponized a car, led a pursuit, and tried to climb into a stranger's [music] vehicle is textbook objectiveness. The weapon went back in the holster [music] on compliance. That is minimum necessary force under the Fourth Amendment. I just want y'all to know what happened too, because in the beginning, I did do the right thing. I did exactly what the people told me to do, ma'am. If you don't want to listen to me because of the baby, I understand that. I do. Call my mom. I can give you my mom's number. The grandma. I can give you her number. Okay. I'm not missing. Mister, please. No, we're listening. We're listening good. I'm not making any excuses for what I did as far as the baby being in the car. Okay. I do take full responsibility. A few hours ago, I called the 989 number to the police station. I spoke to three different people, and I let them know my situation with the owner in the new and that I was asking for a cop to meet us Okay. so that we could get the paperwork. It didn't go as planned, but I honestly tried to do the right thing. I did not mean to put my baby in jeopardy, and I know that I ran. I know I was scared. The way he was >> Let's do this right now. >> It's the way he was Give me a Give me a minute. Let's Let's take it down. Just Just take some deep breaths for me. Let's get it calmed down. Let us do what we got to do. We'll We're going to take care of y'all. We're going to make sure Our number one priority is the child right now. We're going to We're going to get it from you. All right. We're going to get it from you. We're going to get him Listen. Listen. Listen. Like I said, like I said, our number one priority, we're going to check We're going to have him get checked out. We got an ambulance coming to make sure he's okay. That's number one priority. How old is How old is your child? He's 3 years old. He's nonverbal. Is he the Is Is the other gentleman the father? No, he's my ex-boyfriend. But is he the father of the child? >> No. No. Okay. No. How old is the name of the child? Yes, ma'am. Mommy. Relax. >> Look Look, just look in here and see if the baby okay, please. Am I allowed to Mommy, I'm not a bad >> All right. All right. All right. I'm not I'm not a bad person. I take full responsibility. Like you got your nose up in the air at me because my baby was in that car, and I do understand that. But for the most part, you can't hear me out. Can you give me a second? Listen, I'll listen to you, but right now Because I'm out of breath. Listen, that's what I'm about to tell you. Right now, I need you to relax, catch your breath. I'll talk to you when we get to headquarters. How's that? Sound good to you? Right now, just It's a lot. It's a lot. We got to find somebody to pick up your child, you know, we got It's a lot involved. It's a lot involved. Okay? Well, we have to get called DCP&P first. Um you know, cuz Well, we don't know, cuz your If your child's taken away, then you know, there's really no need to call your mom. It really ain't all my fault. I mean, the running Like I said, I'm 36. I take full responsibility for leaving at the scene. >> You know you almost hit You almost crashed into my partner. I WAS TRYING TO STOP THE CAR. It wasn't me. >> You almost crashed into You almost hit me if I didn't move out the way, and then you cra- almost crashed into my partner if he didn't see you and move out the way. Remember like you said, remember I when he threw the four-way whatever the four-way thing when he threw it and I hit the building, whatever was in my gear, I couldn't get it out of it after that. It's not all my fault, but it is my fault. Have you been on any drugs today? I can't hear you. Did you take any drugs today? I smoked weed earlier. And have you drunk at all today? Did you drink anything? No drugs besides marijuana? It shouldn't be. What do you mean shouldn't be? Yes Yes or no? You bought a what? I bought a edible at the dispensary. I don't know. He said it was just um the THC oil. But to my knowledge, no, I don't take any drugs, ma'am. But so anyway, like I was saying, all this started earlier. I I approached the car, right? This is my ex-boyfriend. You You You're a girl. You know how they say don't put nothing in your name for nobody? As soon as So, all this is over the car? Yes. He said he left me for the girl Tasha, right, in September. I've been taking credit hit after credit hit after credit hit. And each time Santander calls me, I explain to them I don't have possession of the car. I haven't had possession since all since September, right? Mhm. So, they're like, "Oh well, we need both borrowers to do anything. Call the police." That's what the lady said. She said, "Call the police and get the report where the car is at." I'm like, "I know where he lives, but he's not there often, and I can't really, you know, go to other places without being jumped." So, she was like, "Call the police. Get a report, and then you can use your your report." I called the police. When we was downtown, he he pulled over and he spit in my face. You left your shoe out there. You left your earring out there. >> cuz I was going. So So >> I was going. Did you Did you If you look at the camera, you see I pulled, and he had this four-way, and he started throwing the four-way at my car. That's where all the stuff started. Cuz it was like, "Why you got to hit my car with a four-way when I'm only asking you if you're going to be able to refinance the car out of my name? Y'all can be happy. You know what I'm saying?" I'm a move forward, and you don't take the car, and I'm getting a credit hit every week every month. So, the car's under your name? It's in both of our names. But he feels like he keeps saying he's the primary. He don't understand my name is on the title and the loan. It doesn't mean that because I'm >> Can you Can you tell Kirk to move his car, please? Yeah. Thanks. He feel like since they said my name is on the loan, it means that I don't count. Say my name. No. No. No. No. No. Okay. Okay. I'm not going to disrespect you. I'm not. Like I said, like I said, you don't have to talk to me like that either. YOU ALMOST AN OFFICER, SO ABSOLUTELY I AM GOING TO TALK TO YOU LIKE THAT. I'm sorry. I did not know. I was actually scared. And your own son at that. >> I was scared. I really was scared, ma'am. And I understand you going to feel the way that you feel, but at least try to be more understanding of the situation before it got out of hand. That's all I'm asking for. I'm not asking you >> All that over a car? >> NO, IT WASN'T ALL THAT OVER A CAR. It's more to it. It's a lot Can I If I can tell you without you using it against me? I'm not using anything against you. What I'm saying to you. Go ahead, talk. Freedom of speech, you can talk. I just don't want it to come back up in court, for real. I would If If it's okay. Go ahead, speak. Is Is Is it okay if it don't come up in court? What? Whatever I'm about to tell you. It's not nothing threatening. I just don't want y'all to use it against me. Yeah, yes. Freedom of speech, you can say what you want. I can't I was homeless. I gave my mom and my sister custody of my other two kids because, you know, social services don't help you when you get when you work, you know? You got to get that cash assistance to get everything. So, I can never get into a shelter. I really been doing everything that I was supposed to do these last few years. I went to school. I did everything. I left I left because I was scared. Now I can honestly say I did not see you I did not see you or I did not see either one of you and I do apologize for any fear that I put in you. I did not mean Listen, I did not mean any disrespect to my son either. I was really really really scared. Well, you saw us. You saw Listen, the tall guy with the shaved head, when he walked up to the car, he was like, "Huh, and you got a baby with no car seat." I just panicked. I swear to God I did. I'm not I'm not And I was standing right there. I know I was standing right there. You almost ran over my foot. I didn't. I'm going to tell you what, NO FUNNY COME ON, YOU DON'T GOT TO TELL ME WHAT NO FUNNY YOU MIGHT NOT LIKE ME, BUT I'M NOT LIKE THAT. YOU DON'T GOT TO TALK CUZ YOU TRIED THAT I DID NOT I WAS SCARED. I'M NOT SCARED. YOU TRIED FUNNY I'm not talking no Listen, I'mma meet you there. You know what? YOU DON'T GOT TO THREATEN me cuz I didn't threaten you. I didn't threaten you. Can Wait, wait one second. Can I just pull my pants up real quick? Sure. God damn. It's like soon as you get a whiff of somebody, you just That's just how you feel about it. >> no. You You know what you did wrong? I didn't SAY THAT I DIDN'T. I'M NOT [laughter] PLAYING THE GAME WITH YOU. PLAY THE GAME ON YOU. I'M NOT PLAYING THE GAME with you. I would never do that. It was wrong and I was scared. Y'ALL ACT LIKE YOU WOULDN'T HAVE BEEN SCARED. I told you what we got to do. I understand it. I have to You know when you stand up, it comes out a little bit more faster. I'm just asking, can I go pee? They're just going to ask you for your name and your address. Okay, I don't mind. I just want to pee. I'm on my period. Like, come on. Let her calm down and talk to her. Answer the questions. You You know what? She seen me. She She saw Plus, I'm not talking. Let Listen to the sergeant. Come on. Come on. She seen me. What happened? That's what I'm trying to tell you. She seen me. What happened? A few months ago. My tongue is twisted sideways. I'm not Listen, I'm not trying to talk my way out of what happened. One was the East State, one was the East State. I was scared. North Quit. But I do want to say before everything happened, I did try to do the right thing and call here three different times today to let this be known to an officer who told me to bring Tariq and the car to 225 headquarters. Did the guy on the Nissan Um he got pulled over with me. So, don't I got her. Do you mind getting the packet for me? You don't want me to I have a co-sign I I co-signed. You know I went with the breakup, whatever that was. The bank told me that I needed to get a police report and I called here three different times today. Can we do one thing I I need to sign in here, right? All right, I told you to put your phone down and answer the questions, all right? After that, all right? What's your date of birth? Give him Give him the person I spoke to today on the phone. We have no idea who that is, do we? >> Who did you speak to? I I don't know. It was I don't know. It was a male It was a male. The first time I called it was a male. The second time I called it was a female. Then she said hold on and the same guy I talked to the first time, he called me back at least two three different times before he threw the four-way at my window and I hit that building. Like, I never I never came out the house to do all that. Now I understand it turned into whatever the level was from But my whole thing was just to ask can we refinance this car and can we get a police report done so I can be able to see Santander Bank. >> [groaning] >> I was scared. I took Which shirt do you want to keep on? This one or this one? Can I just ask a question? One second. Do you want to take this Listen, I know you want to listen to that. I need this one off cuz the one at the bottom is a bodysuit. It's not in here. All right, so that has to come off. One of them have to come off. You can't keep both of them. All right, so if you want the bodysuit on, then this has to come off. Can I just ask Wait what Wait one second. You're everywhere. I need you to focus here. Okay. So, listen so I can help you. Okay? Cuz I But you want this shirt I just SAID THE TOP ONE. Thank you. JUST CUZ YOU DON'T LIKE ME YOU'RE NOT LISTENING. It's not like It's not like You're not listening. I'm listening to you. You can't listen if you're talking over me. You got to understand. People do do things, but I'm I understand that. I'm not I'm not I'm not Help me. Help me. I answered your question. Every time I say something to you, you get upset. Every time I say something to you, you get on your phone. Like I'm You know, you're just trying to talk over me and say what you want to say. I was scared. I can take you and I'm like, damn, she's my age. She can talk to me rather than the rest of these They don't care. That's what I'm saying. Okay, so I can do that. You got to respect that I'm a woman. Yes, absolutely. disrespect to you. You might feel like I ran over your foot, but I swear to God I was just scared cuz you parked right there. Like that All right, relax. Let me do my my process. Okay. Grade B [music] plus for the arresting officer. Proportional force, child safety first, clean evidence. D plus for the subject. >> [music] >> B for the Trenton Police Department. Let us know if there is an interaction or legal topic that you would like us to discuss in the comments below. Thank you for watching [music] and don't forget to check out our second channel, Audit the Court, for even more [music] police interaction and courtroom content. Three takeaways. One, settle civil disputes through counsel, [music] not city streets. Two, a lawful stop is a legal proceeding, not an emergency to outrun. Three, fear is not a defense when the response [music] is a felony. No, no, no.