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- 2026-10-22 23:44
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No, no, no. I said stop. Do you hear the bears all over me? >> Okay, we'll talk about it. Put your hands behind your back. So, listen to me. You have the right to remain silent. Do you understand? >> So, he's going nowhere. >> Anything you say? >> He's going nowhere. >> DO YOU UNDERSTAND? >> WHAT HAPPENED LAST? >> I'm talking to you. >> No. >> You have the right to remain silent. Do you understand? Anything you say? >> Anything you say can be used against you in court or other proceedings. Do you understand? You have the right to ask for a lawyer before advice before we ask you any questions. On January 31st, 2026, Grundy County, Tennessee, a woman stabbed her boyfriend three [music] times, then claimed to be the victim. The real issue is not who had bruises. It is what the law does with that claim. >> What do we got? >> Uh, so he's got three stab wounds. Nothing's too crazy. One under his armpit, one >> Mark. Man, what happened? >> Are you kidding me? I was sleeping. >> We're just going to put this here. Okay. >> Okay. >> Mying windows broken. Everything. >> Look at his back. >> Kelsey's the only one in the house really. >> That was it. There was nothing. >> WHAT SHE TRIED KILLING ME, MAN. >> WHAT' she try stabbing you with? >> AING BIG ASS KNIFE, DUDE. >> ARE WE talking like a butcher's knife? >> No, it was like >> like a steak knife. >> THE LONG THE LONG ONES with the serrated end all the way through. >> Okay. So, okay. >> Can I get your first name? >> Mark. >> M A R K. >> Yes. What time should she get to the house today? >> I don't [ __ ] know, man. I just showed up, MAN. THE WINDOWS ARE BROKEN TO GET IN AND EVERYTHING. >> HOW OLD ARE YOU, MARK? >> I'M 45. >> When's the last time you've seen Kelsey? >> I don't know. >> Before this time. >> Can you just like this for me? >> Before court. >> Did you see the size of the knife? >> Yeah. About 7 in 8 in. It's one of the size of a butcher knife. >> Rest this arm down to your side. All right. >> Skinny, you said. >> Yeah, it's not the butcher knife. >> Okay. It's a one. It's a long ass one, but it's about like that. And it goes, you know, it's got the serrated. >> Yep. Like a bread knife. Is that what you're saying? >> I don't I don't know what kind of knives are knives. You know what I'm saying? >> So, it's kind of like a bread knife with it being about 10 [snorts] in long, serrated like that. >> Pretty much. >> Um, >> it's it's one right after the butcher knife. >> So, she's stabbing you while you're laying in bed. >> YOU [laughter] DON'T CARE, MAN. RIGHT. >> Did you push her, get her off you, and then run out of there or what happened? >> I DIDN'T DO [ __ ] I GOT OUT OF THERE AND I RAN STRAIGHT TO MY NAME, MY COUSINS. I said, "Yo, call the police. This [ __ ] is stabbing me." >> So, we got three stab wounds. >> AR. >> I don't know in there. >> Put your hands up. Put your hands up. All right. Come out here, >> Kelsey. Come out here now. idea. >> Come out here. Walk outside. >> No, no, no. I said stop. Do >> you see the birds all over me? >> Okay, we'll talk about it. Put your hands behind your back. >> Fine. >> You don't understand. You can punch me all night long. >> What? >> He's going to punch me all night long. I don't have a phone. >> Well, first and foremost, you're not supposed to be here. >> Okay. So, but it doesn't matter if I'm not supposed to be. He doesn't He's not allowed to beat me up. >> You're not supposed to be here. You're trespassed from here. >> So, he has to beat me up. >> What happened? >> Hey. Uh, do you want to see all of my doll? >> No. I want you to tell us what happened. >> I bet I had my forehead. He drags me around. He just drags me around. I have no phone. I That's not my phone. He broke my phone. He I had to delete uh Facebook. He's took any um way of access of communication. He just dragged me up, beating me around. Like I'm not lying. Like literally, you can drug test me. I have no drugs in my system. He said >> Yeah, we got it. She's detained. >> No, but he's been beating me up. >> You guys cleared the house? >> Why? >> Yeah, he he cleared it. All right, we're good. Thank you. >> Beat me out all day. >> No one said that. >> I don't have a phone. He took my phone. I don't have a phone. So, >> I still a phone right now is at least a picture of it, but I slid it over there and get out the doorway. >> Thank you. I saw it where it was right here. >> Yeah. Do you want You want the photo? >> Yeah. You sent it to me. >> What happened to the door? >> I have no idea. >> Took my arm. Look my body. Y'all don't ever care. You broke my ribs last night and y'all didn't even care. her is the hospital has and so speaking camp. So you may just roll with it. >> Is that her blood? >> She claims it is >> [ __ ] all over me. >> Where'd you bleed from? Where are you bleeding from? I don't see any open wounds anymore. >> Oh, really? Oh, really? You don't you don't you don't see nothing from >> I see bruise but nothing actively bleeding from you. >> Oh, I'm sorry. I have to wipe my nose every second hit me. >> I'm asking you where you're bleeding from. But he told us to ask your blood. >> That's my blood. >> Where are you bleeding from? >> Why do you When he he pointed it at me, y'all didn't even take it. >> Where's the gun? I remember the one time that they came here and I was in the bathroom and I had the door locked and he came up shooting the gun at me. >> Let's talk about tonight. >> Tonight he's a psycho. I don't remember what to tell you. He took my phone. I don't know. He >> I trespassed you supposed to be. >> Okay. Okay. So, that part of the the chair needs to be throwing. The other part I'm asking. He threw that at. >> Where are you bleeding from? If you are bleeding cuz if you are, we'll get you some medical attention. But I don't see you actively bleeding anywhere. >> Me either. So, drug. >> Can you answer his question, please? >> Uh, can No. >> No. So you're not bleeding. >> Oh. Oh, I'm lying. Y'all always listen to him. He's not going to call the cops. We're both We're both not even then. Why is Where's he at then? >> He's in the ambulance. >> Oh, he's in the am. There's nothing wrong with He threw He beat the [ __ ] out of You know how many bru bruises I have on my body for him? Literally, I'm not seeing. >> So, are you going to What happened? What happened tonight? >> I don't see any blood on it, though. >> Perfect. >> It was laying right here. We slid it over there. She's got blood on her, but she doesn't seem to be bleeding. >> He's got some blood. She got it in the armpit. Okay. And not the wrist. >> And she won't tell us what happened. And she's messed up on something. >> She showed up. It was like I was sleeping. >> Look at He's been throwing chairs at that part and and the other part of the chair. He threw two of them. >> Threw them at you? >> Yes. >> That part. That mean you don't That's why we don't we don't >> literally like I don't I love him obviously. Like I don't want to start talking about but as soon as like the week comes, he wants to do whatever he want. No, don't let him out. >> There's glass over here. >> I'm going to bet that was it. >> What's that? >> That was laying right there when I got here. >> Yeah, in the front. >> It's got to be the one. >> Possible to get the story out here. >> No. >> You never hit each other. You said stuff was thrown, right? >> He I was sitting over here. He's throwing it. >> When did that happen? >> Right there. >> Yeah, there's more over by the door. >> Then let me call my mom. >> Well, he took my phone. >> We're beyond that point right now. What about him? >> He's going to the hospital. >> Yeah, he's in the hospital. >> Well, what happened to him? >> Well, let's hope nothing bad happens. >> Well, he did it. >> Well, that's why we're asking the questions. We're just trying to figure out >> Well, he broke my ribs. I'm not touching him. It was all week of not doing drugs. Sorry, he cannot do it. He's over here. >> Is that why he got frustrated with the chair even? >> No, even this morning he he was mad. I'm like Mark, you know, it's been a whole week. Basically, I have kids. He's like, you know, get through a [ __ ] I have to make breakfast all this taking out here. I'm taking the dog on the walk, you know, cuz this is how we do it. >> I I am not going to [ __ ] >> That's what we're trying to get your sent out. I have to read this. Okay. >> Oh my god. Um, >> you [screaming] know, you're going to jail EITHER WAY BECAUSE >> I DEALT WITH THIS MOTHER. >> OKAY. >> Under Tennessee Code Section 3914405, criminal trespassing occurs when a person knowingly remains on property after being forbidden to do so by the lawful occupant. Kelsey held an active trespass warning from this address, making her presence a standalone arrestable offense entirely independent of the stabbing. Still, a trespass warning does not legally extinguish a claim of self-defense or abuse. Officers remain obligated under Tennessee Code Section 3913 1111 to document all visible injuries. That is why the bleeding question matters legally when Kelsey could not identify an active wound. Officers had no basis to reclassify her as the primary injured party. Under Illinois versus Gates, probable cause is assessed from the totality of circumstances, not any single factor. Blood transfer without an active wound source combined with a victim carrying three stab wounds is a totality that points in one direction. Under Tennessee Code Section [clears throat] 39-13-102, aggravated battery requires serious bodily injury or the use of a deadly weapon. A serrated knife is a deadly weapon under Tennessee law, regardless of its label, and three penetrating stab wounds constitute serious bodily injury. Both elements are satisfied simultaneously. While minor inconsistencies in the victim's knife description exist, courts apply the credibility standard from Illinois versus Gates, corroborating physical evidence can sustain probable cause even where witness accounts are imprecise. Miranda versus Arizona 1966 requires custodial suspects be informed of four rights before interrogation. Silence, use of statements in court, right to counsel, and right to appointed counsel. Failure to complete all four renders statements inadmissible. Courts have held that a suspect's interruptions do not invalidate an otherwise complete advisement. Under Berg House versus Tomkins, a suspect who voluntarily speaks after Miranda has implicitly waved those rights. Under Selenus versus Texas, silence must be explicitly invoked by name. Every statement Kelsey made without doing so is admissible. >> Listen to me. You have the right to remain silent. Do you understand? >> So go nowhere. >> Anything you say, KIM, YOU >> GO NOWHERE. PROCEEDINGS. DO YOU UNDERSTAND? >> WHAT HAPPENED? I BROKE MY >> I'm talking to you. >> No. [clears throat] You have the right to remain silent. Do you understand? Anything you say can't be >> anything you say can be used against you in court or other proceedings. Do you understand? You have the right to ask for a lawyer before advice before we ask you any questions and have him or her with you during question. >> Yeah, I know. >> Do you understand? >> Yes. May I please? >> If you can afford a lawyer, one will be appointed for you for you QUESTION IF YOU WISH. >> Do you understand? >> Um right now you're going to be charged with criminal trespass to residence. You're going to be charged with >> he can do Can you do it at my house? >> Damage property. Uh aggravated domestic battery. Aggravated weapon. You understand? >> Oh my. Oh no. But I'm going to jail for this. Can I one of my cigarettes? >> That's right. No, wait. Mark is in there. Hell no. You have no idea how much he's [ __ ] our families over. I can't even go to my family without him. >> He arouses my family. No, no, no, no, no. Uhuh. Granny G26, Mark Miranda in A 95. >> MY ARM SO TIGHT, DUDE. MY LEFT ARM. NO, IT'S TOO TIGHT ON THE LEFT SIDE. NO. GET IT OFF MY LEFT SIDE LIKE THAT. NO, >> I HAD A [ __ ] already grabbed me tonight. My kid all that and No, he's No, it's too tight. It's too tight. >> Just wait. I've already been with my mother just me for him. Y me like no he's here to abuse my family but my report my >> Yeah. No no no people >> anybody got a paper bag for that [screaming] or >> a container or something to put it in. Yeah. >> I don't know if that's the one, but it was the one that was laying by the >> door. No, you drug test me. I already told them this. They don't listen. >> His phone. >> No. Why not? >> Well, you guys have >> Well, HE TOOK MY PHONE. THAT'S ILLEGAL. That's illegal. >> Yeah. >> He took my phone. Is that illegal? It makes I can't call the cop. >> Yeah, I can grab it. >> Get them all way out. They're not my shoes. >> Well, they are now. So, just take >> No, they're not. YOU WANT SOMEBODY TO BOSS IN YOUR Let him GET A STATEMENT FROM >> I got quick statement saying that he was asleep. >> It was quick passing as we were going to the >> I don't over there. >> All right, let's go. >> I No. >> Can I have a cigarette? >> No. >> Why am I going to put on the hand? >> There's blood on the door handle, too. >> Oh, wow. Oh, nobody care when he broke my [ __ ] nose. So when I go to Cors. >> Is there anybody else in there? >> No. >> Bobby, where you going? >> Okay. >> Bring your >> I want to give up crime scene. >> There's another one over there. >> So when he explained the knife in the sink here, >> he said there's the handle. It was a bigger knife. >> It had serrated edges almost like a bread knife. >> He said it was bigger. I just don't see any blood. >> What's on the end of it? Let's >> She could have washed it, >> right? >> Well, I'd say take >> Oh, there's some blood on the door. >> Yeah. >> I don't Did you already get that? >> No. anything in the garbage that he might have thrown out. >> Was there another knife in there or not? >> No, I didn't see anything. We found a little bit of blood on the covers of the bed, too. So, >> if that's not his phone and he has his on it, he might be able to pull. >> All right. >> Is he actually looking to press charges though? >> We're doing it. We're not because here's the thing. She's got a trespass warning from here. So, she shouldn't be here >> and in the park. So, what he described to me was a big knife with serrated edges. But then when I said steak knife, he said yes. He But he also said, "I don't know what kind of knife it was, but it was a big knife." >> So, >> and I asked I'm like >> this one right here. >> Have we turned that over yet? Is there blood on the back side of it? >> No. >> No. >> No. >> I mean, there's so many knives sitting around, Bobby. That one was kind of buried. I'd say [snorts] those two knives right there since they were sitting out >> and the one by the front. >> Yeah. So, just take pictures of where they're sitting at. >> Yeah. and get a picture of the door as well with the broken glass everywhere. >> Found a little more blood woge on the bed sheets. So >> the fourth amendment exigent circumstances doctrine as applied in Brigham City versus Stewart permits warrantless entry when officers have reason to believe a person inside faces imminent harm. A bleeding victim already receiving paramedic care outside satisfies that threshold, giving officers lawful authority to enter and secure the scene without a warrant. Under Graham versus Connor, restraint force is evaluated from the perspective of a reasonable officer at the moment of application. Handcuffing a felony domestic battery suspect who had been verbally volatile throughout the encounter is objectively reasonable. Kelsey's legal exposure compounded on three independent tracks. The trespass violation created the predicate offense. The stabbing elevated it to a felony, and her voluntary statements built the prosecution's record for them. Mark's decision to disengage and involve a third party to call 911 eliminated any dual aggressor finding under Tennessee's self-defense framework, preserving his credibility as the complaining witness. The deputies completed Miranda correctly and bagged biological evidence in paper. Proper chain of custody protocol. One gap, no structured on camera injury assessment of the suspect. A detailed defense council could reference in a civil filing. Lesson one, a trespass warning carries criminal weight. Returning to a restricted property creates independent probable cause for arrest before any other conduct is even assessed. Lesson two, the right to silence under Selenus versus Texas requires an explicit verbal invocation. Speaking instead of invoking converts every sentence into prosecutorial material. Lesson three in a dual claim domestic situation. The legal advantage goes to the party who disengages documents and lets law enforcement and the courts do the work. Kelsey was charged with domestic violence, aggravated battery, criminal trespassing, and criminal damage to property. Final court disposition is unknown at the time of this analysis. Let us know if there is an interaction or legal topic you would like us to cover in the comments below. Thank you for watching.
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