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- scrappa
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- 2026-10-22 23:51
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February 2024, just as Deputy Walter Berlinski was wrapping up a traffic stop on southbound Highway 85 near 104th Avenue. Barry Zatkalik, who was not part of the traffic stop, pulled over near the traffic stop to gather video of Berlinski. >> Hi, how are you? >> Good. >> Everything okay? >> Yeah. Can I get your name and badge number? >> For what? What? For what? >> Uh >> What do you need? >> So I know who I'm making a complaint against. >> For what? >> For speeding. >> Speeding? >> Yes, sir. >> Okay. >> I have you recorded doing 80 miles an hour in a 65-mile-an-hour zone. >> Okay. >> No headlights, no sirens, nonchalantly. Apparently, you drive like that all the time. So I wanted to film hypocrisy at its finest. >> Okay. License, registration, proof of insurance? >> No. I can't. >> Yes. >> No. >> Yes. >> No. >> Cuz now you're in >> No, I'm doing nothing. If you're going to start this [ __ ] get your sergeant over here. >> License, registration, >> sergeant over here. >> License, registration, >> Get your sergeant over here. >> License, >> No, I'm giving you [ __ ] Get your sergeant over here. >> You pulled over on a traffic stop, so you had >> I didn't pull over on your traffic stop. I pulled over here because I was I had to answer my phone. >> No. >> Yes, that's exactly why. You're not getting [ __ ] from me. If you're going to keep this up, get your sergeant out here. >> License, registration, proof of insurance? >> getting [ __ ] from me. >> Hey, >> You ain't getting [ __ ] from me. >> Then now you're obstructing and I'm >> not. Obstruction is a physical >> No, it's not. >> Look, dude, you better get your sergeant out here, okay? >> to arrest me for that? >> Get your sergeant out here. >> License, registration, proof of insurance? >> I can do that. I can tell you to That's the First Amendment. If you got a problem, get your sergeant out here. >> License, registration, >> You ain't getting [ __ ] from me. Get your sergeant out here. I'm asking for your sergeant for the last time. >> And I'm asking >> Get your sergeant out here. Well, you ain't getting my [ __ ] >> License, registration, >> getting my [ __ ] >> License, registration, >> getting nothing. >> Okay, then I will arrest you for obstruction. >> You do that, buddy, and I'll sue the out of the county. >> out. Step out. >> You better get a I want a sergeant here. >> Step out. >> I want sergeant here. >> Step out, and you're going to get tased. >> You're going to come, but get tased. I have a weapon right here. >> Where? >> [ __ ] >> What do you have? >> Uh >> You're supposed >> to secure that okay? >> Mhm. >> You want to You have a CCW? >> Yes, I do. >> Yeah, he's a Denver cop. Or he's a Yeah, he's a Denver cop. >> And I know my rights, too, buddy. >> Okay. Cool. Thank you. >> I want to get out of the road here so I don't get run over. >> Thank you for being compliant. Greatly appreciate it. >> Not a problem. >> Let me check the hat real quick here. I have a question for the supervisor. >> All righty, sir. He said I was doing 85 in a 65, and he's just recording hypocrisy at its best. So, then I asked him for his license and registration cuz he pulled up on my traffic stop. So, I was dealing with him second. And he wouldn't give it to me cuz he's a Denver cop and he knows his what he knows his law his rights. >> Is he retired? >> I don't know. I didn't even see. I just saw he was a Denver cop. Denver is a So, how exactly did he obstruct? >> Well, that's what we got to clarify. >> Well, I'm trying to get his trying to get it He came up here. If I don't honestly, I could have I should have contacted him sooner, but I didn't. I waited for my traffic stop, so I contacted him. He's video recording. So, I asked him for all of his information. He's like he's not giving it to me. He wanted a supervisor. >> He was just video recording? >> And then when I was asking >> Did he walk up to your stop? >> No. But then >> You don't have obstruction? >> But when I was trying to get his information here, >> Right. >> he wouldn't give me his information here. He wouldn't identify himself here. It's It's weak. >> Yeah. >> Very weak, but and I can care less what I said on the camera. But And then I asked him to step out, and he stepped out You stepped out lawfully. Just wouldn't identify himself. It's weak, but I got it. >> I'm I'm driving down 85 and leaving Brighton. I'm on my way to the Ford dealership to get my car back on the on the starter. >> Mhm. >> Okay? I'm doing 65. This guy passes me and I look at my thing and I'm doing the speed limit and he passed me, I mean, pretty aggressively. >> Uh-huh. >> So, I started to go to catch up to him because I wanted to pace him to see how fast he was going. He was going about 80 mph. I recorded it. >> Mhm. >> Okay? I recorded pacing him and then a picture of my So, anyway, >> You just >> I mean, he just like I said, he just passed me and all and he disappeared, okay? So, my intention was I've got this on on on video. I was going to call the station and complain. >> Get a hold of me. >> Yeah, whoever >> Exactly. That's what it comes to. >> Right. So, I I had an idea where he went, but I turned on 104th to go to the Ford dealership and he had somebody pulled over and right at the same time my phone rang. So, um I I noticed that it was the same guy and I thought, boy, wouldn't that be wouldn't that something if he's giving whoever he pulled over a ticket for speeding. So, I uh just sat there and I put my phone out the window to to record um so that I could get a picture of the guy. >> Mhm. >> Um and then I just sat in my car and after he wrote the guy a ticket and let him go, then he came up to me and he said, "Can I help you?" And I said I said, "No. I said, can I get your name and badge number?" And he said, "What for?" And I said, "Because you were speeding on Highway 85." "Oh, yeah?" I said, "Yeah, you were doing 80 in a 65. No lights, no sirens, no nothing and I could tell that you were just you're casual driving." "Give me your driver's license, insurance, and proof of insurance." I said, "I'm not giving you my information." He said, "Give me your stuff or I'll get you for obstruction." I said, "You didn't pull me over. I don't have to give you my driver's You didn't pull me over. >> Right. >> So, then he opened my car, yanked me out, handcuffed me, and here I sit. And I told him I want a sergeant. This is You have no [ __ ] right to do this. And that officer that's going up to my van right now admitted it. >> No. >> He said, "Yes, you you >> He's >> You shouldn't be >> that deputy is Right there. Um He's right there with you. >> So, I'd like these handcuffs off and I'd like to be going I'd like I'd like that guy's >> That's that's >> information and I'd I'd like like to go on my way here. >> That's going to happen. So, >> and I want an apology from that guy. >> I'll handle it. It'll be taken care of, I promise you that. I'm not going to let it It's not going to just go away. >> Okay. >> Um it will be handled. Um I'm sorry. I I will apologize for the sheriff's office. I'm I'm sorry this happened. This didn't happen. Some of these guys they forget that it's not It's not against the law for someone to to to to videotape your your traffic stop. It's not against the law for them to to pull over to the side of the road. It's not against the law to make a comment. Um I can't think of any way that that would interfere with it. >> And he reached >> But some people >> And the And I even said to him at least if their body cam's on at least six times when he kept asking me for my stuff, telling me he was going to arrest me for obstruction, I said, "I I I want you to I want I need a supervisor before you keep doing this [ __ ] I'd like a supervisor." And he said, "No." And then that's when he >> That's That's when I called the police. >> And that's when he yanked me out and threw me in handcuffs. >> So, like I said, let me go talk to him for a minute. And uh I'll be back in just a minute, okay? >> Okay. >> All right. Uh-huh. >> At this point body cameras are muted. >> Well, here's my business card. Didn't mean it to go this route. Unfortunately, it did. So, that is my, you know, my apologies. But, so I don't know what else to say. But >> You ought to know better. >> So, I I will I will bite my tongue on that response, sir. >> Yeah. >> Am I free to go? >> Absolutely. >> I'll see you in court. Okay, sir. Have a great day. >> You're a [ __ ] idiot. >> Thank you, sir. Have a great day. No, sir. Enjoy your day, sir. Thank you. >> What the hell did he just say? >> He said I'm a [ __ ] idiot and to see me in court. And then grabbed his balls and flipped me off. >> At the same time he was yelling and cussing. >> Yes. >> He's a Trump supporter. >> While Zakk Malik never filed a formal lawsuit, his civil rights attorney sent a legal demand letter to the county that ultimately resulted in the $80,000 settlement. Following an internal investigation, Deputy Berlinsky was issued a letter of reprimand. If you were in Barry's position, would you have recorded the deputy after watching him speed without lights or sirens? And should citizens be free to film law enforcement in public without fear of being arrested as long as they aren't actually interfering? Finally, what do you think about the outcome? Was an $80,000 settlement an appropriate resolution, or should there have been additional consequences beyond a letter of reprimand? Drop your thoughts in the comments below. >> Mhm.
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