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You're not going to fly with any airline today the way you are right now. I can guarantee you that. That's based on my experience. >> You've threatened people and you've had too much to drink. >> My recommendation truly is to try to catch a flight tomorrow. >> Austin Bergstrom International Airport, March 1st, 2024. A passenger has been denied boarding by United Airlines and is refusing to leave the terminal. Officers are called in. What happens next is a masterclass in both deescalation and its limits. The airlines authority to deny boarding is not discretionary goodwill. Under 49 USC section 44902, federal law explicitly grants air carriers the right to refuse transport to any passenger who appears to be intoxicated. United's call was not just procedurally sound, it was legally mandated. want somebody to back up. >> I am going to tell you back about this. >> Everybody needs to back up. >> No, I need I need to get I need to go back to New England and live where I live. >> All right. Can I Can I talk to this uh guy real quick? What What's your name, man? I haven't done nothing to you. I haven't done nothing to you. I'm literally just trying to board my plane and go to sleep because I'm about to fly almost 2,000 United. You just told me to say her up. Did you not just tell me to get out of your face? >> I don't give a I don't give a damn about her. >> I don't I I have a whole No. I don't even know. >> Come over here. Talk to talk to my partner. I don't even know her. >> All right. What's your name, man? >> No. Stop. >> What's your name? >> She She's not going to want to talk to you, man. That's why we got called out. >> Okay. Yes, sir. >> Take a step back. Take a step back. Take a step back for me. And what's your name, sir? >> I'm I'm Bryce Smith. If I was going to her up, I don't give a damn about her. >> I really don't. >> Okay. So, >> I just want to get I don't even know who her name from Sam and Sam. I don't care. >> You don't have any weapons or anything like that on you, do you? No, I don't. >> Go ahead and turn around. Let me rescue real quick. Make sure you don't have any weapons. >> Make sure you have >> I don't have anything. >> How are you going to >> Okay, I'm sorry. Where you flying to? >> To me. >> Where? >> Right here. Right here. >> Where did I put my back? We'll move your back over here close to you. Let's talk over here. Here's the deal. What's What's your name? I don't know what you call me. What's your name? >> Oh, my name is Bryce, but I go by I I go by Brooks. >> Brooks. Okay. So, Brooks, here's the deal. United Well, we'll shake hands when everything's settled down. >> No, I I didn't know if you were trying to or >> Oh, no. So, United has denied you a flight today. >> Yeah, I didn't. >> Okay. >> I don't care. >> Well, here's the deal. Um, you said you're flying to Maine. What What part of Maine are you flying to? >> I live I live in Oldtown. I live in northern Maine. >> Are y'all Are y'all refunding this ticket? He never paid for he never paid for. >> Oh, he never he never had a ticket. >> He was getting ready. >> He start he started off with this young lady back here. Um he was upset with her because she kept telling him he didn't have a flight for today. So he gives her her phone his phone. She pulls up the reservation. Reservation is for the 20th. So as she's telling him that, he's like, "No, you're going to put me on plane today." So she calls me and say, "Hey, I think I got a red light." So she comes over and then when I walk over there, then he goes, "I'm not a red light. I'm not intoxicated. Why would you say? >> Oh, you know what that was? >> I'm like, yeah. I'm like, how you know? I'm like, how do you know what a red light is? >> Damn, we didn't even know what a red light was. We're like, what is what? >> So, that's what kind of was like, okay, so, so you know what you are then, right? That's what I thought to myself. So, then I said, well, how do you know what a red light is? And he's like, I don't talk to her. So, she just needs to go away. I said, go over there, right? I got it. So, I started talking to him. And then I asked him for she was asking for the reservation. And he kept saying, I don't have it. I'm like, so you just showed her something on your phone. That's how she knows what day. So he gives me the phone and then I pull up the reservation. So I explained to him like your flight was 2 days ago and he was like showed up for that flight and got denied. >> He says no value. So that means he didn't show up. When we mark it no value that means he didn't show up. Okay. >> So when I said to him well you know now you're going to have to buy a whole new ticket cuz you're 2 days late. It's not a flat tire rule anymore. >> And so then he was like well my company will have to pay for it. How much is it? And I said I don't know. So I went online and pulled it up and then he started going at her again. She's such, "Okay, at this point, you disrespecting my employees. You can take your phone and you can buy it online. Have a great day." He walked on the side of my counter and started saying, "You going to make me hurt you hurt you." So, I'm like, >> "Oh, hell no. I ain't deal with this, bro." >> So, I said, "Sir, I'm going to call the police. I'm asking you to please walk away from my counter at this time. I'm refusing service to you. Please walk away." He continued to keep going. And so I picked up the phone and I called and then he continued with his little rant. >> And then he started coming around the counter again and I said, "Sir, I asked you three times to stay on that side. I want you to know that I'm not scared, but I need you to stay on that side." >> And then he was looking and the the guy that was standing next to him was like, "What is going on? Like what's happening?" And then you guys showed up and he showed up. He was kind of in his face a little bit too. So I just want to get out of here and we fine. >> We'll deal with it. >> Trash. When the officer separated the subject and requested a patown, he was operating under Terry versus Ohio. 392 US1 1968. Officers may briefly detain and frisk a person based on reasonable articulable suspicion alone. No arrest required, no probable cause needed. Multiple witness reports of threatening behavior satisfied that threshold before the officer said a single word. At SRT 113, the subject told the airline agent, and I quote, "You're going to make me hurt you." while advancing around the counter torder, "Under Texas Penal Code section 22.0 to 7, terroristic threat." That statement is a class B misdemeanor, up to 180 days in jail, and a $2,000 fine. The victim declined to press charges at the scene. That decision belongs to the prosecutor, not the victim. The governing charge ultimately filed was Texas Penal Code section 49.0-2, public intoxication. The statute requires only that a person appear in a public place while intoxicated to a degree that may endanger themselves or another. No chemical test, no BAC threshold. Observable impairment alone satisfies the standard. stumbling, slurred speech, and threatening behavior in a crowded airport terminal satisfied every element independently. Rather than placing the subject under criminal arrest, the officer invoked Texas Health and Safety Code section 462.041, the Sobering Center Diversion Authority. This statute permits officers to transport an intoxicated person to an approved treatment facility as an alternative to jail. It is protective custody, not criminal detention. The subject's rights were preserved. His record at this point was protected. The officer gave him every break the law allowed. >> You know, making threats of physical violence towards other people is a crime, right? And you can go to jail for that. >> I understand. >> They're not wanting to press charges right now, >> but you've actually committed a crime that you could go to jail for. >> No. No. What I'm saying is >> you need to listen. >> No. No. Like I I understand. I'm listening to what you're saying now. But the fact of >> I left everybody alone you I don't know their names >> but they had said it's not bothering I don't bother anybody. >> All I can tell you is what they told me and I have multiple people telling me the same thing. So right now we're trying to figure things out for you. But at at this point with you being in talk listen just listen. >> You're not going to fly with any airline today the way you are right now. I can guarantee you that that's based on my experience. >> You've threatened people and you've had too much to drink. My recommendation truly is to try to catch a flight tomorrow. Have no drinks. Come back sober tomorrow and try it all again. And then you're going to get home. But I guarantee you the way you've acted today, no airline's going to let your phone. >> That's just the reality. >> What's your name? >> Pat Nelson right here. >> So I can address you. >> Okay. I appreciate that. Your your mom is coming to get you. >> Perfect. >> Okay. Your mom is coming to get you. She's on her way. So what we're going to do is we're going to take you downstairs. She sit in the chair. She's she's going to when she picks you up, she's going to find other flights and have you fly out. She told me about the tragedy about losing your dog. You guys are both but the the important thing right now is just to get you where you're not stumbling around or you know to get you where you can pass the TSA checklist because they're more strenuous in checking people than the ticket counters here. Okay. So your mom agreed that's the best decision to make. >> Okay. >> What did y'all talk about? >> Just talked about solutions for me. And the solution we came up with is her coming from Round Rock to come pick you up right now. That's what she's going to do. >> Okay. So, let's go downstairs and bring your stuff downstairs. >> I'll grab it back. >> And once she picks you up, you guys will go back to her house and you I'm over here. Once she picks you up. >> Once she picks you up, you guys are going to find other flights. Okay. Get you'll get you booked another flight over there. I thought it was all of you. >> I hate all of you. >> You hate all of us? Well, I mean, I love all of y'all, but I hate all of you. >> Well, sorry. Sorry you feel that way, but we're just trying to help you out, man. >> Except for you. >> All right. Well, I appreciate it. Let's make our way downstairs, and I'll grab your bag for you, and we'll get you taken care of. Your mom here, all that good stuff, and you get on a flight a different day, just not today. And that might be for the best. It sounds like you've gone through a lot, right? >> This is his Those are the unattended bags. >> Oh, okay. >> So, if you want to follow Officer Kid, we'll head downstairs. I'll grab you back for you. offer kid right there. Just follow him. We'll show you the way. >> Ruin my life. What causes this? I'm >> sorry. >> What caused this? >> Well, if you want to be completely honest, what caused this? Is he drinking? Was he drinking? >> Who Who said I was drinking? >> No one had to tell us you were drinking. I can tell you were drinking. What? >> What do you mean by that? I'm I'm not going to debate your level of intoxication. If you want me to debate it with you to debate it in the back of my police car for now, I'll cut you a break. >> No, I just I just want to talk. >> I'm not going to You know that you're drunk. I don't have to explain to you. I'm sure they have. You're stumbling around. Your words are slurred. Can't see. Can't >> And I'm I'm not trying to talk down to you. I'm trying to help you. Actually, grab onto the barrel so you don't fall. Use your balance. >> What I'm asking is what what legends think. >> Well, let me Hey, here are your choices. Here are your choices. Hear me out. You want to sit in a chair over here or do you want to sit outside? Choices are yours. >> Stop treating me like a mother. >> If you talk to me like that again, I will take your ass to jail. Listen to what I'm telling you. >> Take me into jail. I don't >> Okay, I don't care either. Put your hands on your pocket. >> We gave you plenty of chances, dude. >> Waiting for my >> I know, but we were asking you to listen. Okay. >> No, no, no, no, no. >> Now you're going to jail. >> Making me upset. >> Take a deep breath. Take a deep breath. I don't know why making I wanted to do just stand here. Listen to me. Listen to me. >> I didn't use sign language to you at all. Did I? >> I spoke to your mother. I found a way for you to go home safe. I understand that you lost your dog. Okay? I sympathize with you on that. We're trying to cut you a break. The last thing I need from you is to use file language towards me when I'm trying to help you out. You listen. Look at Look at me. Do you understand what I'm telling you right now? >> Yes, sir. >> Then why would you do that to me? >> That's not personal at all. >> I don't think it's personal or not. I just >> You're responsible for everything. You're saying it's I understand. I'm I'm just taking some consequences for I just I don't know how to feel. I was supposed to fly out to my house. >> You're taking out on everyone, including the people at the ticket counter. Like I said, you could have gone to jail for just what you said up there. >> I understand this, sir. >> You have an idea on you? Where's your idea? >> I don't know. >> Okay. If you put me in the jail, I'm going to be pretty mad. >> Think I care about how mad you're going to get? Been doing this job 21 years. Made a lot of people mad. >> Listen, here's here's what I'm going to do with you. I'm going to take you to a sobering center. It's not jail. >> You'll go to the sobering center. Your mom can pick you up from the sobering center. >> Okay. >> Don't do that to my mom, please. >> Okay. Well, I can take you to jail. She can pick you up from jail. Which one do you want? >> Can I stay? You're not staying here anymore. >> I don't need to stay here. >> Okay. >> Could you ever see an ID with this? >> No. He gave me a name. He told me Bryce Lee. Yes, sir. >> Yeah. >> No. >> No, you're not. >> Yeah. You're coming with us. >> Listen, let me explain. >> You're ruining my life. >> Let me explain to you where I'm taking you. >> You're ruining my life. >> Let me explain to you what I'm take where I'm taking you. Okay. I'm taking you to what's called a sobering center. It's not jail. >> I don't need that. I don't need that. >> You don't get choices. I don't give you choices. I'm telling you what I'm going to do for you. >> I choiced my life. Okay, jail we go. It's going to be jail. >> If you don't get to pick my life, I'm the only one who pays my bills. >> Yeah, you can pay your bills when you get out of jail. >> No, stop. >> Don't Don't add a resistant charge. Don't add a resistant charge. >> Please don't. >> What is he saying? Just walk to the front of the car. Walk to the front of the police. >> I'm trying to be nothing but nice to you. >> What? What? What? What exactly are you saying? >> I'm going to call your mother at the sobering center, give her the address, and have her pick you up from there. That's what I was going to do for you. >> Okay? >> Can you just calm down? >> Okay. >> That's what I want you to do. Stop jail. >> Your mom's Your mom's going to pick you up at a different location. She's going to drive you to her house. They're going to she's going to schedule you another flight. You come back and fly out. >> No criminal charges. >> No criminal charges. That's what I'm doing for you right now. >> Okay. >> Just Just relax. >> I got to take stuff out of your pockets because when I put people in the back of my car, I got to make sure they don't have any weapons on. >> Where where am I? >> I'm taking you to the sobering center. It's not jail. >> The what? >> The sobering center. Okay. >> Okay. That's it. When we get there, I'll call your mom, tell her the address, she'll pick you up from there. >> Is that okay? >> But you have to cooperate with them. If you act the way that you're acting with us, they will not take you there. >> Yeah. Just I'm just confused because >> because I've been drinking, man. It's not that I've been drinking. It's just >> I I'm confused on where where am I going? >> Okay. I was going to leave you here initially. I was going to leave you here. You cursed at me. I didn't like that. So I said, "Okay, I'm not going to leave you here. If you're cursing at me, you could curse at anybody else in here. I'm going to take you someplace else off site." Now, depending on how you act, when I'm transporting you to that place, if you start cursing at me again or acting bizarre in the backseat of car, I'm going to take you to jail. And there, they're going to keep you for anywhere between 8 to 12 hours. Sobering center, they'll keep you till your mom comes to pick you up. That's it. All right. >> We're just going to make sure that we're checking the handcuffs right now to make sure that they're they're triggered properly. Okay. You did lock. They're lock. They're not going to get any tighter on you. Okay. >> Wait, what? Do you think I'm a [ __ ] criminal? Like an animal? >> No. That is what we do with everybody, man. So, okay. >> I'm not going to let you go to challenge. >> Best way is to kind of face us and sit down. That's the easiest way. Okay. Just face me. Kind of turn towards me. This way. The other way. This way. And then kind of just sit down and we'll make sure you don't fall. Okay. >> Take these handcuffs off of me. >> We can't >> swing your feet in your feet. >> You'll get them off when you get to the service center. >> I'm not a criminal. >> Why are you saying that? That's why we want to take you to the sobering center. >> Medical professional is taking care of you. >> That's it. It's not. >> Okay. Then why do I need to be like this? is everybody goes in the backseat of a patrol car like that. Okay, that's our policies we have to do. >> I'll go ahead and >> Why are you doing this? >> What? >> Watch your back. >> No, please loosen these. >> No, they get loosened this side. >> They're cutting into my >> They're not cutting into your wrist. >> Yes. The >> No, I'm not I'm not take I'm not loosening them. Let's go. >> What? Stop. I My >> Let's go. You're going to have [ __ ] in my Give me my backpack. >> No, you don't get your backpack. It gets turned into property. >> Property >> as property. Not like >> you're used to making demands. You can't make demands anymore. You're not in charge. >> No, >> you're not. >> Why? Why? Why? Why am I being so treated like [ __ ] Treated like property. >> This is your property. It gets turned in. >> No, it doesn't. Okay. I promise you it doesn't. The handcuffing at SRT 313 must be analyzed under Graham versus Connor 490 US 386 1989. Force is evaluated by objective reasonleness. What a reasonable officer would do given the facts at that moment. The subject was verbally non-compliant, physically resistant, and in a public area with bystanders present. Handcuffs were the minimum necessary and proportional response. No excessive force issue arises. Officer A minus 15 minutes of sustained deescalation in a volatile public setting. He contacted the subject's mother. He offered the sobering center alternative. He expressed genuine empathy about the subject's emotional state. He warned clearly before every escalation. Deduction. The terroristic threat at SRT 113 was documented verbally but not formally charged. A written report capturing that specific statement would have strengthened the prosecutorial record. Subject D. Visibly intoxicated in a public terminal. A direct verbal threat of violence toward an airline employee. Repeated refusal of lawful instructions from officers who were actively working to keep him out of jail. Profanity directed at officers after they had already arranged a noncriminal resolution on his behalf. The grade reflects the conduct, not the emotional circumstances behind it. United Airlines agent B+. She correctly applied the airlines denial of boarding authority under federal law. She called law enforcement at the appropriate escalation point. She provided a clear, complete account of the incident to officers. Deduction: Continuing to engage the subject after threatening language was used. Extended the confrontation. Once threats begin, disengagement is the safer protocol. Four takeaways. One, airline denial of boarding under 49 USC 44902 is a federal right, not customer service discretion. Two, a terroristic threat charge does not require the victim to press charges. The state is the complainant. Officers and prosecutors decide independently. Three, the sobering center diversion is not a lesser outcome. It is a legally authorized alternative that preserves the subject's record. Four, deescalation has limits. When a subject uses profanity toward an officer who has just spent 15 minutes arranging a compassionate solution, the officer's decision to escalate is legally and tactically justified. Let us know if there is an interaction or legal topic you would like us to analyze in the comments below. Thank you for watching and don't forget to check out our second channel, Street Body Cam, for more police interaction and courtroom content.
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