guys all the time. I did not stab at me. I got hit with a trash can and I was pushed into a wall. I do not have a knife on him. He doesn't even have dishes in his house. So, I don't know where a knife would come from. I did not stab him. >> Okay. >> An Ohio woman stabbed her aranged husband, then told police nothing happened. What she said next destroyed her own defense. Viewer advisory. Footage contains a domestic violence incident with a knife wound. Presented for legal analysis. >> Someone took off here. >> No, she left. >> Okay. Just keep on right now. What happened today? >> Let me take a look at your arm. Lean is up there. Yeah, just hold that on that. >> Yeah, just keep pressure on right now. >> Yeah, she came in, had an argument. She, you know, I wasn't trying to touch her cuz I >> You want to sit down? I'm just trying to relax for a second. >> I ain't want to catch no case with her. So, I let her in. She's >> here. I'll tell them where to come. That's going to be the top left apartment. >> He's uh he's conscious, awake. He's bleeding pretty good. He's got just a shirt on holding pressure right now. >> You think that she's going back home? >> Probably. Or somewhere else. I don't know. >> Got you with a knife. >> Mhm. put that pressure on it. >> Have you guys lived together? Do you have any kids together? >> No, no kids. We used to live together. >> How long have you guys lived together? >> Been like three years. >> So, you've lived together for 3 years. >> Uh, no. I mean, >> three years ago. >> Three years ago you've been >> And then 3 years ago, how long did you guys live together back then? >> Uh, five years. >> Are you want to pursue charges against her? Huh? >> You want to pursue charges against >> her? >> You didn't pass out anything, did you? >> No. >> She just carried on and got you. >> What's going on, man? How you been? I'm >> good. >> Other than this. >> Oh, where's that knife at? >> She got >> She left with it. >> Mhm. >> Was it like a kitchen knife? >> Yeah. >> Did she bring the knife or was it here? >> She had it. >> You want some shoes or something? You going They probably going to need to stitch that up. Yeah, I got you thinker can handle that. >> Can they stitch up? >> It's probably deeper than a stitch. >> The way he was bleeding, it's deeper than a stitch. >> Where did it actually happen at? >> Oh, she stabbed me. >> Mhm. >> A couple pictures. [snorts] >> Where's Is it more blood? How much blood did you lose? No, >> this >> just Okay. So this is the first >> it. >> So you did this in here? >> Yeah. I'm over here moving around trying to get her out, get out the way. So I went over there trying to >> She kept going. I'm like, "Oh [ __ ] you trying Oh, >> how long was she in here?" >> A little bit. So I was trying to calm her down. I mean, cuz I didn't want to, you know. >> Was she mad about today? >> Oh, she just tired. Did she bring the knife or did she get it from the kitchen? >> No, I mean a Yeah, she just had it on her. >> Okay. >> You see her take it out of her purse? >> Yeah. >> So, you let her in? >> Yeah, I I let her in. I ain't know she was talking normal. >> Yeah. >> She just starting throwing the shoes on right now. >> You don't know about what? >> All about cheating [ __ ] Yeah. >> You know, social media. >> You guys got kids together? >> You You were married though. >> Oh, yeah. Yeah. >> Are you still married? >> No. >> Divorced. >> I heard her. I mean, I cheated so >> Yeah. Um, go and step out here for me. Place your hands here on your back. Okay. >> Okay. Why am I being arrested right now? You have warrants for arrest. >> Don't move for me. >> Okay. Okay. Why am I being arrested, sir? Can >> Well, I'm going to talk to you about all that. Okay. >> Okay. But can I lock my car door, [clears throat] please? >> Yeah, we'll we'll lock your car door here in just a second. >> Okay. >> I have an apprehension. >> Okay. There's My keys are in my pocket. >> 11:43 >> in my right pocket. >> Anything on you? >> No. Please tell me why I'm doing >> Yep. We're going to talk to you. Okay. Issue one, the arrest. Officers detain the suspect on a pre-existing domestic violence warrant not on the stabbing. Under the Fourth Amendment, that warrant alone provides sufficient authority for detention. Issue two, Miranda timing. The constitutional trigger is custody plus interrogation, not handcuffing. The officer administered the Miranda warning before questioning. Full compliance. Issue three. The most consequential. The suspect waved her fifth amendment right and spoke on the record. Under Burgus versus Tomkins, every voluntary statement is admissible at trial. She had no obligation to speak. >> I understand. But are you supposed to read me my rights when you're safely cussing? >> Yeah, we'll do all that. >> Okay. Well, I'm already cussed and my rights haven't been read. Please lock my door. >> Yeah, we'll lock your door and read you your rights. >> Okay. I'm going to have you have a seat back here first. >> Why am I having a seat? >> I told you you have a warrant and you're under arrest. Go and have a seat for me. >> Sir, you haven't even asked my name. And what is this warrant for? I don't have any warrants. >> Okay, I already know what your name is. >> I'm sorry. >> I already know what your name is. >> Okay. Who am I then? And why are you being so mean to me? Why am I under arrest? Um, >> this is your Miranda warning. Okay, I'll talk to you about all that. >> Okay. >> Uh, you have the right to remain silent. Do you understand each of these rights I explained to you? No, >> you don't understand his race. >> No, I don't. Do >> you need me to run him again? >> No, I don't. I would like you just to tell me, please. >> I already told you you have a warrant for your arrest. >> I don't have any warrants. >> And I'd like to talk to you about what happened earlier, but I'd like to read you your rights. Do you do you understand? >> Yes, I understand. >> Okay. Having those rights in mind, you want to talk to me? >> I would like to know why I'm being arrested right now. >> Okay. It's yes or no. Would you like to talk to me? >> Sure. Okay. Uh, give me one minute here. Okay. >> Okay. >> Did anything happen this morning? >> Yes. >> You get into an argument? >> I did. >> With that your boyfriend? >> No, my husband. >> Okay. You guys are legally married? >> Yes. >> Okay. And who's that? >> Uh, what happened? >> Good morning. Go ahead. >> We got into an argument because I found him. >> Okay. Did you stay the night over there last night or just come over this morning? >> I did. >> Okay. Did he invite you over last night? >> Yes, he did. >> So, you guys got into an argument about that? >> Yes. >> What happened after that? >> I just got into an argument and I left this morning. >> Okay. Um, you guys like get physical at all? >> No, I didn't get physical with him. >> At what point did you leave? I left when he started trying to make a scene to create havoc for the neighbors so that one of them would call you like he always does. >> Okay. >> So then you left after you guys had an argument. >> I did. >> Didn't get physical at all? >> I did not get physical with him. >> Nothing with a knife or anything like that? >> I did not use any type of objects or get physical with him at all. >> Okay. Do you have a knife with you or in your truck or anything? >> You are allowed to search my truck to find any kind. >> You said I am allowed. >> You can search my truck and find there's no in my truck and I will be present if you would like to search. If there is no in my truck, >> I do not have a knife. >> Okay. All right. >> You said your car keys in your pocket. >> They are. >> I'm going to grab that out. Is it this pocket? >> No, it's not. It's my other pocket. I'd like to get out and let you all search my truck. >> Can you turn this way for me, >> sir? Before you do not have permission to search my truck until I am able to get out and look at it. >> Okay. Right now, you're under arrest and it's going to be towed. So, we got to do a tow inventory search. >> My car. >> So, obviously a little bit more happened this morning than what you're letting on or we wouldn't be stopping you and doing all this. Her first account, verbal argument only, no physical contact, no knife. When the officer revealed the victim's wound, her story shifted. She was now the one attacked. Under federal rules of evidence, rule 613, prior inconsistent statements are admissible to impeach. Both versions are on record. Defense has no clean narrative. Her most damaging admission she left thinking the victim would be fine, implying awareness of harm while denying all contact. Prosecutors call this a consciousness of guilt statement on the charges. Ohio Revised Code section 2903.11. Felonious assault requires knowingly causing serious physical harm by a deadly weapon. A kitchen knife and a stab wound satisfy both elements on the footage alone. Ohio Revised Code section 2919.25. Domestic violence requires harm to a household member. Former spouses qualify. Marital history confirmed on camera. Element satisfied. Key prosecution challenge. The weapon left the scene with the suspect. Ohio case law holds a consistent victim account plus documented injury. Can sustain conviction without the physical weapon. >> I don't understand why I'm being stopped. >> I just like to get your side of things cuz he was stabbed in the arm with a knife. I got there and there's there's blood everywhere. He's saying you stabbed him in the arm. >> So on one end we have you saying >> nothing happened. And then on his end he's saying you stabbed him. I did not stab him. I did not stab him. >> Okay. Then what happened? >> We got into an argument. We've been arguing since last night. >> Mhm. >> Trey picked up a trash can and hit me with a trash can. He threw me into the wall in the bedroom, which is why there's a hole in the wall and the hit the back of my head. >> Right. So that's a little different from what cuz you originally told me that there there was nothing physical happen. So I'd like to just know what happened. >> Sir, I told you I did not do anything physical to him, which is correct. I didn't do anything physical to him. >> And >> how do you get stabbed in the arm? >> I don't know. Trey likes to lie a lot. You can call and get witness statements from that. He lies all the time. I did not stab that man. I got hit with a trash can and I was pushed into a wall. I do not have a knife on him. He doesn't even have dishes in his house. >> So, I don't know where a knife would come from. I did not stab him. >> Okay. You don't have blood on your shoes right there, do you? >> No, you can take check my shoes. You can check my clothes. I'm not >> What's this right right here? >> That's from mud. My son had a football game last night. >> Okay, [snorts] so we're not going to find any blood on you. >> No, you're not. >> Or in the car? >> No, I have a bruise on my elbow from him and I have a cut on my pinky finger. I don't even know. >> How did those happen? probably from trying to get him off of me, but I did not stab him. I don't have any knives. You can look through my purse. It's in there. I have a clear purse. >> Where's the knife at? >> What knife? >> Whatever knife was used during the fight. >> I don't know what knife you're talking about. He does not have any dishes in his house. Did he show you a knife? >> I'm just asking you. >> No, I don't know what knife became involved at any point. >> Okay. All right. Um, but she's she's saying that she stayed over last night. >> They were arguing this morning. She's first told me it wasn't physical and then she said that he like threw her into a wall or threw a trash can at her or something. >> She's denying stabbing him, saying she left when um they started getting loud cuz she thought the neighbor was going to call the police. I Miranda asked her. She said she'd talk to her. So you can ask her anything you want to. >> They answer a lot of my questions. Yeah. >> Did you know you had or >> for domestic violence before this? >> No. >> This is all without asking you questions. This is all a chance for you to break it off and and to call it quits with him, right? >> No matter what happens. If he lives there and you live in Maple Heights, >> there should be no reason for you to be down there. Okay? >> You put yourself in in a way by you going over there, you put yourself in it, >> regardless of why you put yourself why you went there. And that's, you know, you know, I'm not trying to fish for information here or anything. I'm just trying to give you >> a sound piece of advice because I mean, he's he's got >> I do not >> a large cut on his arm and his cut finger and and he said you stabbed it in the arm. So, you left and didn't you know out running around. So, >> that's where I'm coming from. Okay. >> And you don't have to say anything about it. I'm just letting you know that's where the what we're looking at. Okay. You're going to have to, you know, go to jail. We'll get a rain probably Monday. You know, you'll have a protection order against you. So, you're not have to be around him or text him or anything. They'll explain all that then. Okay. I'm sorry. You know >> what? This pink phone I'm going to send with you. Um, is it okay if I check this phone? >> That's my work phone. My phone. >> Okay. Is it okay if I look through it then? >> No, that phone's my own body. My work phone. >> Okay. Well, it's going to come with me then. Okay, I'm going to send this one with you. >> I need the purple one. I don't get the pink one. >> Okay. >> So, he just like he doesn't get anything. >> He gets nothing but put his hands on me. >> That's That's something you need to, you know, you're going to have to fight with your lawyer about, you know, get get advice on him from him about. Okay. I can't. I'm on the other side. Okay. I'm not I'm not per se. >> Why am I being arrested and not at all? >> He called after you left. You never called. >> Were you going back down there? >> No. >> What were you doing back down in the valley? >> I was called to pick up my things that from my um I got his mom. She lives over here. And where does she live? >> She lives up the street over by those other apartments where you come up and turn right. >> We're not even legally separated. The reason why I was there is because he wants to work out the relationship and I was considering it until um we got into it because there was a condom in his bed when I was going over there and then the girlfriend called my phone this morning. >> But he tells a different story, but he's the one who invited me over there. He invited me over. >> Did you try to call the police at all? >> I just the bad side. >> Stuff like this happens. It's important to get your side of the story out even, [cheering] you know, before things, you know, warrants get signed. And >> I didn't think he would call the police on me. No, I didn't. >> He was bleeding pretty good. >> I didn't even know anything about him when I left. >> All righty, dude. It's a bumpy ride. >> Yeah. Yeah, I got it. All righty.