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So, just being honest with you, >> not the last one. >> And then you have a knot on the top of your forehead. Okay. >> I feel that. >> I don't care. >> Okay. >> I don't give a >> I'm just letting you know. >> I don't give a little whatever. Go. And I act like all your little weight. >> On March 6th, 2025, New Mexico officers responded to a domestic call. Two women, injuries on both sides, each blaming the other. >> What's going on? >> Hey, how you doing? >> Are you your neighbor? >> Yeah. >> Okay. What's going on, ma'am? >> My girlfriend beat the [ __ ] out of me. >> Who did? >> My girlfriend. >> Where is she at? >> I guess in the house. >> This house? >> Bedroom? Yeah. >> Who are you? Mommy. Your dad. >> Do you live there, too? >> Yeah. >> Okay. Do you need an ambulance to come check you out? >> I don't know what it looks like. >> Who's your girlfriend? >> Tina. >> Tina, she's right here at 7:14. >> Yeah. >> Okay. And she's still in there? >> Yeah. >> You come with me? Is there any guns or weapons in there? >> You okay? >> Yeah. >> Let me make sure the dogs cuz they're all beats. Hang on, sir. Tina, where's Tina? >> Tina. Tina, come. >> Tina, come out here. >> Okay. >> No. Come out here. >> I'm coming. >> Let me see your hands. Come out. You don't NEED ANYTHING. LET'S GO. LET'S GO. NO, YOU DON'T. Let's go. >> I'm sorry, sir. >> Stand right here, Tina. Okay, >> turn around. Face the wall. Put your hands on the wall. Okay, I'm detaining you right now. Okay, you understand what that means? You're not You're not placed under arrest. Okay, >> you're not under arrest. Okay, you're detained. >> Okay. >> You got any weapons on you? >> I don't know what's going on. >> Don't ask me. >> She hit me right here. >> Okay, we're going to figure that out together. Okay. >> Okay. >> Come over here. I might just put you in my in my unit. Okay. You're not under arrest. You're detained. And then we're going to figure out what happened. Okay. Sound good? >> Yeah. >> All right. >> All right. Just have a seat. >> What's your name, ma'am? >> Tina. >> Tina. >> Yes. >> Okay. Tina, tell me what's going on here. >> What happened was she went got drunk. She drank five drinks and then she was going down the street to shoot darts. First of all, she put her hands on in the kitchen. And then she comes home and had the door locked cuz she was gone. We always We always lock the door. in the medic. >> So anyway, when I'm telling her I love her, she slots me in my eye and hits me and scratches me. So I hit back and I keep trying to tell her. Then I'm trying to hold on to her and then she hits her head against the damn the sink. She hit her eye against the sink trying to hit me. >> Okay. So >> she hits first. >> It smells like you you've been drinking. We Yeah, but I just was drinking in the house right now cuz I have beers at the bar, but I'm not drunk or nothing. >> Hey, how long have uh you and Tina been together for? >> Uh since October. >> Last year. >> Um 2024. Yeah. >> Okay. So, you guys been in a relationship, right? >> Yeah. >> And then um y'all been staying here for the past couple months, I'm assuming? >> Yeah. >> Okay. All right. How long have you known Tina for? >> I've known Tina for like 10 years. >> Are all you guys out of New Mexico or you going to be at a different state? >> All cattle. California. >> California. So you guys moved out of California since last year. Are >> you your ID is going to show out of California? >> Yeah. >> Okay. >> All right. Hard time, no sleep. >> So just based off of injuries without like Pat and I just showed up. just based off injuries, she appears to be substantially like there's a major difference right now, >> but we'll have to see all the statements, >> but your eye looks it's bleeding and it's pretty swollen. >> Take some pictures of your >> I don't I don't know if you've seen it in the mirror, but it's >> it's not it does not look good. >> You can just Oh, I got it right at the helmet. You can look at it. >> Yeah. Uh looks like they're right there. Yeah. So, your eye is pretty bad. >> So, I'm just being honest with you. >> Not the last. >> And then you have a knot on the top of your forehead. Okay. >> I feel that. >> Okay. I'll let you talk to the medics real quick and I'll talk to you in a second so they can check on you first. >> How old are you guys? >> I'm 16. >> 16. You >> I'm 18. >> Were you guys inside when all this happened? >> I was. She wasn't. Was it? >> She came to my house. >> Okay. Is this who this dad or grandpa? >> That's my grandpa. >> Let's go back talk to over here real quick. >> Did you happen to see them get physical at all? >> I seen I didn't see the beginning of it. I heard their dog the cuz they the little dog that they have or that we have doesn't like violence. So the bark that he was doing, I heard it. So I got up and then I heard a pound and then I seen Tina had her like Tina went like this and hit her. I only seen the first fight. I didn't see the second fight. that was over there. But the first fight I seen her hit her and then my mom like she like grabbed my mom's hair and she like threw it to the floor and then I grabbed I grabbed Tina by her throat. I didn't th grab her by her throat like this. She had punched her and then grabbed her by a hair >> and she had her like this and she was like this and I had and then I like went like this to like her like throat and like I don't know how to explain it really like like this over her throat to like back her up and stuff off of my mom and then uh my grandpa was like getting her hands off of my mom's hair. So then after that um my mom had left and cuz that's what she does. She goes she leaves. So then we just left her but then like she needs to come back home. She was only down the street. She was just sitting on the curb. She didn't like leave. She was just >> exiting the thing or whatever. I went down there to go get her and she was like, "I'm going to beat the [ __ ] out of her." And I was like, "You're not going to beat the [ __ ] out of anybody. You need to go to sleep." When we got here, I was like, my papa Chuck had just been happened to be walking out. I was like, like, go to the room. Go to Tina. She's saying she's going to beat the [ __ ] out of her. Like, he didn't end up going. So, I like I went to the door and I tried to hold the door, but she was like, obviously, you see I'm this and my way bigger than me. So, she ended up getting the door open. So like I grabbed my mom like right here and cuz I know my mom, you know, she's violent. So I I had her right here cuz if I grab her like her shirt and I like twist it, I can control her and like so that's what I did. And then me and her ended up getting into an altercation. And then while me and her were getting into an altercation, Tina jumped in and >> and then I don't know if that's when the fight happened. >> So whenever all that happened, you didn't see your mom with the busted eye or anything like that. >> I It was only the side of the cheek, but this is new or she has >> I didn't see that. I just my papa truck had called me and was like, they got into a fight again and I was like, I don't give a like I I was mad cuz I me and my mom got into an altercation. And I was mad cuz >> So the only time you saw them get physical was whenever Tina hit her when she punched her and pulled her head. >> What I got I didn't see the beginning of it, but uh Tina said for her not to lay her hands on her, my mom could have hit her first. Both times my mom could hit her first. >> You know, >> you just didn't see it. >> I didn't see the beginning of it. I only seen her hit it. I seen it hit her. My mom went to go hit her, but she fell to the >> I said the story. >> Yeah. >> I don't evening know. I was just trying trying to go play darts and then the guy wasn't there. So I came back home to go back to the bar. Then she was like, "Oh, you're not going back to theing bar and justing started hitting me." And then I was just starting hitting her back. All I know is I was just trying to play darts. Like I mean it's not funny cuz all I wanted to do was play darts and then the guy wasn't there so I was going back to the bar to see where he was and that didn't happen. >> Okay. So you're saying you you left to go play darts, you came back. >> Well, we came here cuz the guy lives right down the street. >> Okay. >> And so then I walked down there. He wasn't there to go play darts. And then I walked back. I was going to the bathroom. She's like, "You're not going back to the bar." And she started hitting me. >> Did you strike Tina first? >> I don't know. >> You don't know? >> Well, I don't know. >> Okay. >> But all I know is she was in my face. >> Well, she's got she's got marks, too, on her face and she's got a busted up lip. Okay. >> I push her out of my face. That's what I did. I pushed her out of my face. That I do remember cuz she fell back onto the bed. I pushed her out of my face. That's what I did. >> Okay. And then she came back into the bathroom and then started hitting you. >> Starting to hit me. >> Okay. When she hit you, did you hit the corner of your eye on on the bathroom? That's not from >> She grabbed my hair and she just [ __ ] kept hitting me. Hitting me >> in the bathroom? >> Yeah, in the bathroom. >> So, you didn't hit the corner of your eye on anything in the bathroom? No. >> You sure? >> Yeah. >> Okay. >> Hey, why is your shirt wearing the top? >> Uh, probably water. I don't know. >> No. >> So, it sound like it when I heard you ask her. >> Yeah. >> Did you hear it first? I don't know. I'm like, "Oh, yep. Not what I do." >> I I think due to altercating statements, it's hard to make an arrest right now. >> Okay. Yeah. No, I can I can totally understand that. So, let's write it up. Send him to the DA. Unless you want to call the DA now and see if they can give you some type of guidance. But I highly doubt they're going to help at all. Well, Tim Tim's good about it. >> Tim's good about it? >> Yeah, I'll call Tim. See what he thinks. >> At least at least let's do that. Tim can't make a determination. >> Then we'll just type it up. >> Yeah. >> Okay. So, what's going to happen is Terra is going to be uh under arrest for battery on the household member. Okay. >> So, I don't know what you want to do here or >> Okay. I got money to get back to California, but I got six dogs. >> So, what's going to happen is I mean, it's going to be up to you to go to court. Okay. >> Okay. >> So, there's going to be a no contact order in place during this whole investigation. Okay. >> Okay. >> You you're going to be uh >> You can flip your hand. >> Oh, sorry. >> You're going to be given a summon with a subpoena to show up to court to testify cuz you're a witness. If you don't show up to court as a witness, it's going to get dismissed. Okay. But um that's what's going to happen because now with your statement saying that you know you went back in there, you tried to deescalated saying that you love her and she started hitting you again and you do have signs of battery >> and then you got then you defended yourself. It from what you're telling me uh Terara was a aggressor >> right but I'm not an aggressor every time before I used to aggressor. I try to hold them down when they start screaming. All right. >> Hey, so this just advice for relief and remedies. Basically, it is just resources for you to look out in case you have nowhere else to go, you can just look at call these numbers and they'll give you basically information. Okay. >> Okay. >> How do you say your name again? >> Taran. >> Taran. All right. Taran, uh, by the way, so you are going to be placed under arrest. So due to uh the statements, I'm deeming you as an aggressor. So you're going to go to jail tonight. You understand, Terra? >> Taran. >> Taran. >> Yeah, whatever. >> Okay. >> So, I'm the aggressor, but my face looks like this. Okay. >> So, you'll have your you you'll have a attorney and you'll be able to >> whatever >> represent yourself in court. Okay. >> All right. So, >> just let you know, she also has a bare face. >> Yeah. Whatever. >> By now, >> this isn't the first time, but whatever. Hang on. You're I'm cuffing you to the >> Okay, cuff me. >> Am I going to have issues with you? So, uh, they're going to do their thing. Okay. Do you need that moved? >> Do you need it moved? Oh yeah, I do actually. >> Why are you trying to take it off? Why are you trying to take it off? >> For what though? >> Under arrest for what? >> You're under arrest. >> For what though? >> Are you trying Are you trying to take it off? Is that what you're trying to do? >> Look at my face. Look at my face. >> Okay. Why are you trying to take it off? >> Don't Are you going to have another charge? Do you want another charge? Just >> I didn'ting do nothing. >> Sheing attacked me in mying bathroom. in my bathroom. She attacked me. I pushed her off me. >> Hey, stop. >> I No, I pushed her off of me. >> Okay, you're under. >> She does my face. >> This isn't the first time. >> All right, you're not taking this off. >> Hey, if you you're going to make it worse if I'm putting it tighter. >> Would you stop? Cut her other hand. >> Yeah. >> Now, stop. Look, you're going to get charged with resisting. >> Whatever. Okay. >> I don't give a >> My kids are [ __ ] out the house by themsel or you're going to get charged with resisting. >> Stop resisting. >> Oh, there's another charge right there. >> Oh, well. Oh, well. >> Leave me alone. >> Stop. Leave me alone. >> No. >> Your hand. We're resisting. >> Sorry. We're going to get another choice. >> Uh, are you going to calm down or no? >> Are you going to be cooperative or no? >> I'm going to give you this last chance. And I need you to be cooperative cuz I have children in here or we're going to have to give you something to calm you down. I think that's it. >> You want to take pictures of this? >> Yeah. >> So, just to let you know, you're being charged also with battery on the P3. >> Okay. cuz you kicked me >> you >> and I'm pressing charges. So >> I'm pressing charges cuz I'm a little >> I don't give a >> He already said that. We know. >> So you're getting charged with his battery on >> Mario. >> I don't care >> cuz he's a little he wants to charge me. Come here. I don't give a >> We're But are you going to be Now you're going to be cooperative. You're going to get sedated. >> Are you going to sedate me? I don't care. >> Okay, I will. >> I don't give a >> I'm just letting you know. >> I don't give a He's a little He's getting cooperative. >> WHATEVER. GO. >> YOU BE COOPERATIVE. NO, just leave. Just leave it. Okay. >> What are you trying to do now? >> He's just checking your heart rate. Hey, >> why are you trying to take it off? >> I'll take it off for now. I'll wait till later. >> Yeah, cuz she does not act like an adult. >> She does not act like getting into all your little weight. New Mexico statutes annotated section 40-13-6 mandates arresting the dominant aggressor, not the first caller, not the most visibly injured party. Injuries prove contact, not fault. The girlfriend's detention was a lawful investigative stop under Terry versus Ohio. The officer stated on camera, "You are not under arrest. You are detained. Detention and arrest carry different legal thresholds. Entry into the residence was covered by the emergency aid doctrine from Brigham City versus Stewart. Officers may enter without a warrant when someone inside may need immediate help. An active domestic call clears that bar. Neither party was advised of rights before giving statements, and that was correct. Under Burke versus McCarti, those advisements attach only at custodial interrogation. Both women spoke voluntarily before any arrest decision. No violation. Probable cause rested on four sources. The complainant's account, consistent injuries, an eyewitness who saw the first altercation, and the girlfriend's own admission that she struck back, but could not say who went first. New Mexico law permits defensive force against an imminent battery, but not from the initial aggressor. When asked who struck first, the girlfriend answered, "I don't know. That doesn't end the self-defense claim. It weakens it considerably." Officers consulted the on call prosecutor before making the arrest. Not required by statute, but deliberate process over reflex is exactly what the dominant aggressor law is designed to produce. The determination held up legally. Battery on a peace officer under section 30-22-24 is a fourthderee felony. Elements: Intentional physical contact with an officer in the lawful discharge of duties. Taran kicked an officer on camera during a lawful arrest. Every element met in real time. Force during restraint is evaluated under Graham versus Connor objective reasonleness at the moment, not in hindsight. Officers used soft restraint and a verbal sedation warning. No intermediate force deployed proportionate to the resistance presented. Domestic battery is a petty misdemeanor up to 364 days, $1,000 fine. The felony controls battery on a peace officer carries up to 18 months state prison. add resisting arrest and total exposure reaches roughly 3 years. Realistically, a firsttime offender with no injury documented on the officer would likely face a suspended sentence and supervised probation, anger management, no contact compliance. Active prison is possible, not the typical outcome on these facts. Three things to take from this. Visible injuries do not determine victimhood under the dominant aggressor statute the eyewitness did. Physical resistance after a lawful arrest is its own separate crime. Prosecutorial consultation before a contested arrest is not hesitation. It is the system working as designed. Taran's felony charge had nothing to do with what happened before officers arrived. It was the result of what she chose to do after. The domestic battery was contestable. The kick on camera was not. She handed the prosecution its strongest count herself. 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 don't forget to check out our channel for even more police interaction and courtroom content.
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