On August 30th, 2023, Orlando police responded to Spirit Airlines at Orlando International Airport. A passenger denied boarding for a flight to Miami, a situation that ended with felony charges filed. We understand about personal separation. >> Okay. >> Is that >> Yeah. I'm assuming myself, bro, >> don't use that. >> I'm dying. Listen, I paid for your world with with with spirit. All right, we get into dealing with fighting. >> Well, what? Listen. Hey, >> I don't know. I have an attitude. I need cancer. >> Take a breath. Take a breath. Take a breath. >> Take a breath. I just need to get home. I just need to get >> Okay. Why? >> Why are they What? >> I don't know. I'm frustrated. I give him an attitude. >> Okay. >> I'm just I don't know what else to say. I'm frustrated. Go home. How did somebody die? >> Okay. Are they saying that people have everything? >> Okay. Well, listen. Listen. >> Fight. I've been waiting for hours. >> Talk to me. Okay. I'm trying to get you back home. >> He's not letting me. We'll try to get you back home, but you have to just talk to me and take a breath. Okay. >> So, they're not going to let you fly on this flight is what they're telling me. Correct. >> Why? >> I don't know. We're supposed to be here right now. >> I don't know. Are they telling you you can't fly? >> Okay. Well, then let's go back to the landside and we'll find you another flight. >> I can't go right now. My mom is there. My whole family's there. All of my toes. >> How are you guys being so insensitive? >> I'm not being insensitive. We're just telling you what they're saying. >> I'm sorry. I didn't even say nothing. >> It's not between us. >> But we won't talk to him about what you need. I cannot. >> Oh jeez. >> Officer, I get no water. I get you. >> I do. >> What? On the other side. >> I know. Tomorrow. >> Is he gone? Is Is he not flying? >> What do people understand about this? >> Okay. You are not blind today. >> Tomorrow. If you keep this up, you're not going to be flying out of here tomorrow. >> I know. >> Ma'am, do not hop over there. Okay. is not right now. >> Okay, you're not talking about the extra >> Rachel. Rachel, we're done. >> All right, you're not going to make things better. Come on up over here. >> I don't have this job. You don't have customer service to be able to remind somebody who's crushing. Like, I don't get it. I don't get it, >> Rachel. Listen to me. Get down. [screaming] >> Scoot back. >> There you go. There you go. >> [screaming] >> I got it. >> Right now, [laughter] calm down. What's that mean? Got some cheap >> you good. >> You calm down. >> You can't hit the police cycle. Roll. >> We're going to sit you up. >> Okay. Roll inside. >> Sit up. >> Just let me go. >> Kick your leg out. >> Legs out. >> Kick your legs out. Legs out. Legs out. What you feel like you don't know about me? >> You complain about breathing. Can you sit on your side? >> Would you rather do that? >> Okay. Can you sit up or do you want to stay there? >> Cuz I'm not going to have you thrash around on me. >> Huh? >> Say it again. it. Ra, >> I understand that, but you can't be doing that, Rachel. We're just worried about your you right now. All right, >> we have to go somewhere there. Don't fall down there. >> I don't know. >> We can't let you go right now. >> Okay. >> All right. Just stay on your side. Okay. >> I don't I don't know where to go, man. >> Coming in there. >> Yeah. No. Rachel, are you injured? >> Okay. Do you need a medical assistance at all? >> Okay. Relax. Relax. >> There's no need to kick. There's no need to kick me. >> You just kick me off. >> Okay. Now you No, no, no, no. We're just going to sit. I don't want you kicking anybody else. Stay like this. You just caught another charge to that for no reason. >> I'm sorry. >> Make sure that my family stop. >> Relax. Relax. Stop. Stop. Stop. Stop. >> Relax. >> I'm not letting you go. You're You're going to jail. >> I will offer you. You understand? >> No. Ma'am, you ready? You guys are the going to go. Where am I going to go? >> Stay down here. That's all I GOING TO GO. WHERE AM I going to go? >> You're going to sit there and you're going to KILL PEOPLE. >> SO WHERE AM I GOING TO GO? 1 2 3 4 5 away from you three earlier. How it works, >> bro? Get the away from me. I swear to God, I'm going to sue you guys. Get the away from me. Continue to DO WHAT YOU DO. [screaming] MOVE. >> STOP. >> STOP. MOVE. >> You're being combative. This is what we're doing until we get the car. >> I literally told you guys how situation and all you are in sensitive as [ __ ] because a mother doesn't know how to do customer service. The same [ __ ] I do in Miami. Get the off of me. >> Nope. That explains it. >> No, that explains it. Shut the up. You don't know [ __ ] All you do is wear a suit AND YOU THINK YOU'RE GOOD AT it while I'm here on the ground just TRYING TO MAKE IT HOME CUZ MY FAMILY DIED THAT IT'S such a big deal to you guys. This is a show to everybody and you're hurting me because it's funny. >> You're hurting yourself. I'm not going to have your >> Where am I going to go? >> It's not working. You keep kicking people. That's not happening. >> Where am I going to go? >> Keep talking. >> Where am I going to go? Where am I going to go? >> You're not going to. That's what you're not going to do anymore. So you lay here and you keep kicking me. You don't dictate how it goes. >> You want to be practicing computer. She was kicking me. >> No. >> If you're hurting yourself, it's because you're pressure. My knee's on the ground. >> You're hurting me by being on me. >> I'm not on you. >> I'm literally pressuring my >> No. My knee is on the ground and my foot the other side of you. >> I will put pressure on though if that's >> I won't cuz you guys are [ __ ] Who killed me right here? >> Stop. Laughing because you guys are going to get a kick out of it. >> Think they're laughing? >> No. Stop. >> I don't give a though. I just lost my [ __ ] >> What happened? >> We're going to try. We're going to try. We're going to try to walk. See what happens. Where you want me to GET THE STOP. >> I CAN'T BREATHE. JUST GET OFF of me. >> Stop. Get off of me. Stop. Stop. Get off of me. >> You need medical attention. You said you can't breathe. You need [laughter] medical attention. >> Get off of me, please. Stop. Stop. Just get off of me. Stop. Just get off. What the You get kicking. I will scrape you. Stop. I can't move. >> You need medical attention. Stop. >> He's like, "There you go. There you go." >> Take a deep breath. Take a deep breath. Stop. >> Hey, Brian, can you find one with arms? Can you find this? >> We're not going anywhere at the moment. >> What? >> Rachel, we're going to get you up and walk and put you in this chair. >> Okay. You are not going to kick anybody. I will spread you if you do. If you start to spatter. Stop. Stop. Stop. Stop. Stop. I'm going to explain. We're going to get you over here into this chair. >> Spray me if you want. Let's get my stuff. >> I need you to stand up. >> Oh, look. My stock is right there. >> Okay. Sit up. Sit up. >> Roll over to your side. >> Roll over. Come on. >> Roll over to your side. >> Roll over. Come on. Roll over. Go. Go. Sit up. Roll to your right. >> Roll to your right. Roll to your right. >> Pull her right leg. >> Roll to your right. >> Pull that one forward this way. >> Pull that right leg. >> Roll to your right. >> Pull it that way. >> There you go. >> You're going to tuck that leg and you're going to get up on three. All right. Ready? 1 2 three. There you go. There you go. All right. Have a seat in the chair for >> me. Let me go like that for >> Stop. Stop. >> Okay. So, let me go back. Just let me go. Sit down. Hold me like that. >> Sit down the chair. >> Okay. Let me go. >> We don't want Sit down. >> Put your feet down. I know. Okay. Let me go. >> Okay. >> You're hurting my You're acting like a child right now. Let's go. >> I don't care. Just let me go. You guys >> taking you right now. >> Oh my god, bro. You guys >> went to academy. Come on now. That's right. >> Just let me go. Just let me go. I can't go that way. Just let me go. You my go. Let me go. I can't go nowhere. Is that what you're grabbing me for? Please let me go. Leave my Okay, let me go. Just let me just let me go. That's all I'm asking for is to let go. >> I'm not holding your wrist. >> My arm. It's hurting me. The hands help. Okay. So, let go. Let go. >> Cuz you fall forward and then we're going to run. >> Stand still. I can't [ __ ] away. It's safer for you to say. And you guys laughing actually sneezed just now. >> Okay. You actually sneezed just now, bro. Let me accommodate myself, bro. No, I'm about to say that too. Serious, dog. Let me go. They're already holding their ass. >> Where's he at? >> Huh? >> You guys [ __ ] [ __ ] have no I don't give a >> I know you don't. Are you serious? [ __ ] you're hurting my wrist, bro. You can't handcuff your wrist. >> Okay, so I'm asking you to LET ME GO. WHERE AM I GOING TO GO? Where am I going to go? >> 10398. >> Stop. Stay seated. Stay seated. Please. >> I'm not going nowhere. If you calm down. >> Okay. It just hurt. >> I don't have to hold on to you. the person. >> Which one you going to see? I'm sorry. I'm sorry. I'm sorry. >> Sit up. Oh, no. Sit up. Sit up. We're going backwards. Sit up. [laughter] I have no idea [laughter] where it's at. I need you to put your feet. Put your feet up on the thing. >> Feet on. [laughter] >> Put your other foot on. Put your other foot on. >> Where we going? >> This is right here. Right. This is There's the outside there. This door. That door or that door? Should do it. >> All right. You're going to stand up and you're going to sit backwards into there. You're not going to kick anybody. You understand? Okay. >> Wait, wait, wait, wait, wait, wait, wait, >> wait, wait, wait. Okay. Okay. Go ahead and stand up. Go ahead and stand up. All right. Come on. Turn around. We got it. >> Stand up. Stand up. Stand up. 1972 1028 Georgia tango echo whiskey 0899 is registered to a marriage Come here. Take one first. >> Okay. Just be gentle. >> Take three people for it. >> Sit down. Back up. Sit back. Back up. Back steps. Back steps. Back step on the seat. >> Now scoot all the way in. >> Battery battery. The First Amendment is not in dispute here. Profanity directed at officers, demands to be arrested, arguments about customer service. Florida courts have been clear. None of that is criminal conduct. Disorderly conduct under Florida statutes section 877.03 03 requires conduct that corrupts public morals or threatens the peace. Loud complaints at an airline gate do not clear that bar. The legal exposure started the moment there was physical contact with officers. Florida statutes section 784.07 battery on a law enforcement officer is a thirdderee felony. The element is intentional touching or striking against the officer's will. The radio confirmed it at the end of the footage. Multiple battery. That means more than one officer was struck. The footage documents the kicking. The statute does not require injury only contact. A second felony charge runs alongside it. Florida statutes section 8 43.01 resisting an officer with violence applies when a person knowingly and willfully offers or does violence to an officer in the lawful execution of duty. Continued kicking while handcuffed satisfies that element. Both charges are thirdderee felonies. Each carries a maximum of 5 years in Florida state prison. Run consecutively. The statutory ceiling is 10 years. That is state prison, not county jail, not a fine. For a first-time offender with no documented prior record, Florida's criminal punishment code would likely score below the state prison threshold. Realistically, a withhold of adjudication, supervised probation, and a batter's intervention program. A withhold of adjudication in Florida means no formal conviction is entered. The person can legally say they have not been convicted of a felony. It is the most significant piece of discretion a judge carries in a case like this. Now, the officer's use of force is evaluated under Graham versus Connor, the 1989 Supreme Court decision that established three factors. Severity of the crime, whether the subject posed an immediate threat, and whether they were actively resisting. All three factors weighed toward officer authorization at the moment of takedown. The crime had just been committed. There was active physical resistance. The threat was immediate and documented on camera. Florida Statutes, Section 7, 76.05. 05 authorizes force necessary to affect an arrest and prevent escape. The ground restraint, the multiple officer control, and the OC spray warning, not deployment, a warning all sit within that authorization given the continued resistance. The OC spray warning came at roughly 8 minutes into the encounter while the subject was already restrained and handcuffed. The tactical justification exists, but it sits at the edge. Threatening chemical agents against a person who cannot flee requires a tighter articulation than the footage shows. The extended floor restraint is the clearest gap in the officer's response. Positional asphixia is a documented risk in any face down or side restraint. Officers are required to monitor breathing and transition to a safer position as quickly as the situation permits. They did ask repeatedly. Can you breathe? Do you need medical assistance? That reflects awareness of the duty of care. The problem is that the transition to the wheelchair once requested took far longer than it needed to. Florida statutes section 943.1727 requires deescalation training for every certified officer in the state. The initial contact in this footage was by the book calm voice name used problem solving offered that matters under the statute. The grading officers receive a B strong entry lawful force appropriate restraint authorization deducted for the prolonged floor phase and the OC warning in a situation that was already contained. The subject receives a D. Every word she said was protected. The profanity, the grief, the demands constitutionally covered. The kicking was not. That is the line Florida law draws. And it does not move for emotional context. Three things worth knowing before your next encounter with police. One, verbal expression, even aggressive, is protected up to the moment of physical contact. That moment is the line between free speech and a felony. Two, when officers offer a lawful way out here, leaving the gate and finding another flight, taking it is not losing. It is the decision that keeps a person out of a booking facility on the worst day of their life. Three, ground restraints carry physiological risk for the person being restrained. Officers have a duty to monitor and transition. If you are being restrained and cannot breathe, say it clearly and repeatedly. It is on the record. 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 and do not forget to check out our channel for even more police interaction and courtroom content.