When you turn around, throw that [ __ ] >> popcorn. >> Popcorn. >> Yeah. Trying to hit me or somebody else. >> You? >> Yeah. >> Check the cameras. >> Oh, I will. >> I ain't trying to [ __ ] hit nobody, dog. >> You're catching on a peace officer. >> The charge is assault on a peace officer and the object is a bag of popcorn. A gas station clerk says a man walked out with two beers, so she refused him service. A lieutenant walks in alone. The next few seconds will be argued over for 40 minutes. What is that? Like he's riding him and then >> he's starting all kinds of [ __ ] >> What's his name? >> I don't know. I don't know what he's saying. I refuse the service. Look, he's over here. >> Okay. >> I refused the service. He went to the beer area. >> Was it? >> He walked out with two beers. I had the room right there. He's calling me a [ __ ] >> Was that over here? >> This one? >> No, that's not right. >> And he was saying that you guys >> He was waiting for you guys to real quick. >> No, I'm trying to pay for this person. >> She's refusing your service. Yes, I guess. >> No, you're going to leave it. >> Turn around. >> He says he is trying to pay and the order is to turn around. Is that a lawful detention? Under Terry versus Ohio, an officer may briefly detain a person on reasonable suspicion of a crime. A clerk at the register saying this man walked out with two beers is exactly that kind of fact. The detention is lawful on paper and it is about to become physical. >> Turn around. [ __ ] you, [ __ ] Turn around. Turn around. Turn around. >> Turn around. >> I will. Well, keep back. >> Turn around. >> I will kick the [ __ ] around. >> The [ __ ] up. Pick me up first. Pick me up after this [ __ ] Pick me up off of this [ __ ] Hand the [ __ ] up. [snorts] >> Pick me up off this [ __ ] >> Charging for what, [ __ ] For what? is open. >> Yeah, I got >> Yeah, give me one second. Do you have any weapons on you? >> Nothing. Nothing. Thank you for >> What's your name, sir? >> Richard Thomas. >> Richard Thomas. >> Jim. >> Thomas with a th. >> Yes, sir. >> What's all that about, bro? >> You [ __ ] Why you getting me like that for? That's That's unnecessary. >> When you turn around, throw that [ __ ] Popcorn. Popcorn. >> Yeah. Trying to hit me or somebody else. >> You? >> Yeah. >> Check the cameras. >> Oh, I will. >> I ain't trying to [ __ ] hit nobody, dog. >> You're catching assault on a peace officer. Is this >> He denies trying to hit anybody. Can thrown popcorn be assault on a peace officer. New Mexico statute section 30221 defines the offense as an attempted battery on an officer or a threat of one. So, the popcorn must have been aimed at the officer or made him reasonably expect to be hit. Where the bag was aimed is a question the lieutenant himself cannot answer. >> What's your date? >> The camera. >> What's your date to this [ __ ] >> Some ass, [ __ ] >> What's your social >> um that's for only [ __ ] um social security um purposes. >> Okay. You ever had a New Mexico driver's license? >> Doesn't matter. What state do you have a driver list? >> Doesn't matter, but okay. He she was she's with him. >> I don't know. >> Okay, we'll talk to her right now. >> Yeah, he went I can't show you the cameras. Whenever he went Well, on the on the beer, we don't have that much cameras. Good. But he went straight up to the beer. He was like, "Are you selling beer?" And I was like, "Well, yeah, but I thought they were unlocked." So anyways, um I saw him with this two beers walking out. I have them over here. Um so I told him I I confront him and I was like, "Let me have him." And he was like, "Well, give it uh take it out and I was going to grab it." >> Where did he grab or where did he have them? >> In his pockets. >> Oh, he had his pockets. >> Yeah, I have the video. >> Where did he get them from? over there in the refrigerator. >> Yeah. He went to he went inside of the cooler whenever he's they're not allowed to go inside. >> Only you? >> Huh? Only myself. And I didn't know that the coolers were closed. >> I was like, I'm going to open them. So, he start acting up. He was like, are you still here, Mom? And this and that. And I was like >> I was like, yeah, well, I came back from my days off. >> Yeah. >> And he was like, well, uh, I told him I was like, pay that. And he was like, "Well, what do you want me to do for you? You want me to kiss you?" And then sometimes I was like, "No, I'm telling you to kiss." So he walked out. So I went outside with him. >> Oh, you went outside with him? >> Yeah. I follow. >> Do you still have them in his pockets? >> Yeah. >> And he was like, "What?" >> Like the pockets of his sweater or his pants pockets? >> His pants. >> And he was like, >> "Uh, I'm going to pay, [ __ ] I'm going to pay. What the [ __ ] you're doing? Do your [ __ ] job." And I was And she was And he was like, "You're >> And this is outside." >> Yeah. And he was like, "You [ __ ] whore." And this and that. I was like, "Okay, pay that." And then he came back. He was going to put the beers. So he was like, he was going out with me. He was like, "You [ __ ] [ __ ] do your [ __ ] job and this and that. You and the hura melon and this and that." And I was like, "Okay, I grabbed the two beers from them." I was like, >> "Where did he like pull him out of the pockets or >> put it over here?" Because possibly he was going to pay here. >> Oh, so he came back inside the >> south. Yeah. So he came back over here. He was going to pay, but they don't they're not allowed to pay till whenever I check their IDs. >> So, uh, he was going off going off. So, I was a full patient. I was like, okay, okay, okay, that's my job. I have to do it. So, I keep calm and he was like, he was going off and I was like, you know what? I just grabbed the two beers. I was like, get out out of my store. I was like, I'm going to refuse the service. Why you [ __ ] [ __ ] Do your [ __ ] job. And this. >> And this is already like when you took them out of the store like oh my god. got in one customer and she was like, "Are you okay? Are you okay?" So, I called 911 because I thought he was going to take off. >> Mhm. >> And I was like, "I'm not okay." I'm like, "I'm pissed off and I don't want to do something dumb because I don't want to lose my job." >> So, he was over here calling a lot of customers names and he was threatening me. So, I was like, "Whatever." And one customer, he turned around and he was like, "Hey, chill. He's not she's not doing anything. She's just doing her job. >> He went off like off and I was like, >> "Where's that customer?" >> Huh? >> Where's that customer? >> Well, he left. And then the other one, too. >> Okay. >> The other two. >> Do you have the cameras? >> I do. >> Can you get that for me? >> Yeah. Let me just close the door and then I will get I'm close. >> Do you have an ID on you by chance? Just since you help me hold him down. >> Sorry. I have a hearing aid. >> Can I get your ID since you help me hold it down? >> Sure. >> Uh, Vitali's going to have him over there. like we're going to need any backup right now. I was right behind you when it all started. >> I don't know why he had to turn around and throw that. >> Yeah, I see when he threw that and then it was on right there, man. >> Yeah, >> but being that you had pin him to the ground, >> I didn't get involved. You know what I mean? >> No, I appreciate >> If he would have got a hold of you or something, then I would have took action. >> I'm I'm young enough. I still got it in me, you know? >> Yeah. Now, I'm a combat marine myself. I'm 65 now. You know, I I think I still got it. >> Yeah. I appreciate your service, sir. >> Oh, sure, brother. >> And then, can you tell me what you saw from when I was in there or you were I know you're back behind me. >> Yeah, I was right behind you. You told him something. He looked at you and he threw whatever he had in his hand and then he got aggressive and you took him down to the floor right there. I was right behind you to make sure he didn't pull nothing or anything like that. Make sure you were okay. From there, the other officers came in. >> Yes, sir. >> And then that's when you guys started to >> Okay. >> subdue him. >> All right. I appreciate you. And I know if you were here for anything else that transpired prior to my arrival, if you saw anything before >> No, I was right behind you when you walked in. >> Okay. Thanks, sir. >> Thank you. >> I appreciate you. >> What's up? >> I'm in the car the whole time. >> Is he Do you know him? >> Yeah, he's intoxicated. >> Okay. Who is he to you? >> He's my friend. >> Keys. Yeah, he's my friend. But he's going to >> Why >> can we go talk over here about what's going >> I'll take him home. I promise. >> No, I I understand. Um, so he's your friend? >> Yeah. >> Okay, gotcha. Um, yeah. So, I guess there was an incident with him and uh another officer lieutenant here at the at the gas station who was refusing to leave. He was acting a certain way. Obviously, he said he's intoxicated. So with him acting intoxicated and mean like that, he made some choices inside that he's going to have to go to jail for, too. >> Oh, >> so he said he's a friend of yours. >> Yeah. >> Okay. >> Should I call his family? [ __ ] >> No. No. I think it's okay. Does he live Where does he live? >> He lives on the outside. I can take him home and keep him there. >> Yeah, he he's going to jail. Okay. >> All right. >> If you don't mind me asking, what happened to >> Oh, I got jumped. >> You got jumped? Yeah. >> Oh, okay. By by who? >> By some chicks. >> By some chicks. >> Yeah. Nothing related to his [ __ ] but >> nothing related to him at all. >> Yeah, nothing related to him. >> Yeah. Positively something else, but um Yeah. So, >> did you already call last night or >> Yeah, I called him. Yeah, I called I got called in. >> Yeah. Officer spoke to you and took the report. >> Yeah, took the report and everything. Yeah. >> Gotcha. Okay. Um this is your car right here. Yeah, that's my car right there. >> Got you. Um, so he came with you to the gas station. >> Yeah. >> Okay. >> He said he was just going to get something to drink cuz he was drinking in the car, but I didn't think he was going to act in here. >> Yeah, cuz he's wanted some little drink and then came over here and he just went. >> Yeah, he just went in. >> No, got you. You mind if I get your name real quick? >> No, you're fine. >> Okay. >> I'm dying my detective out here, >> huh? >> Did you guys have the detective out here? He was just happy to be here. He just pulled up. Yeah. >> Yeah, that was just timing on that one. >> Um, >> thank you so much, ma'am. Uh, if you want to take off, you can. Uh, if you wouldn't mind just at least moving your car cuz we got to talk to him a little bit. I don't want him to get amped up or anything while you're here. Okay. >> Let's not right now cuz he's in the move. So, yeah. I don't want him to be yelling at you or causing any kind of trouble with any of us over there. Okay. >> All right. Thanks. >> All right. Thank you very much. So he's he's actually >> you got to get photos of him too or no? >> Yeah. >> Are you okay? >> Yeah. Um so the call came in the code 19 here black hoodie blue jeans. >> So my unit's parked right here. As I'm walking up uh I two people I pull up to like hey this guy inside their words for like being an asked to the clerk. I said all right. So I walk in, there was a line of people and he was standing there at the register and I was looking for somebody else and then she points him out. She's like, "Hey, this is the guy." And so I was like, "All right." She's like, "You need I'm sorry. I don't mean to interrupt. Is there any workers in here or are they all out here?" >> I think they locked right now given our incident. >> Okay. >> And so I don't think they're checking anybody out right now then. >> All right. And so he's there and he has a bag of popcorn, but I don't know if he's trying to buy alcohol or what. And so I told him, I said, "Hey man, I need to talk to you outside." And he was like, "No." She goes, "I'm refusing your service fee." I said, "Hey, refusing to service me." He goes, "All right." He grabs the bag. He turns around and throws it. He throws it at me or the chick. And so I immediately >> So I drive him over to try to push stabilize on one of the objects holds up. >> It's a thing of beer. >> Okay. So, we go over the beer. >> The lieutenant has just described how both men went over a display of beer. Was that reasonable force? Under Graham versus Connor, force is judged from the view of a reasonable officer on the scene. Courts weigh how serious the crime was, how immediate the threat was, and whether the person was resisting. The crime here is minor, so the answer rests on what the store cameras show. >> Oh, that's what all this is. So it's all soaked in a flag. >> So then he goes down to his back. We start getting real stomach and then he looks at me and stops. He's like, "All right." So then go comes up, pull him out, holding hands. >> He's complaining about something about his left leg. He hit it something or >> he may have. So we come in here. >> You got video already pulled and everything or >> I'm asking her for it. Uh she's getting it right now with that. >> Okay. >> Uh yeah. Oh, it's all the water that was like >> Yeah, it's a little mix of everything. So, uh right here's where he turns around. So, I'm trying to escort him, but he was tensing up. >> He threw the popcorn. That one's over here. He threw it right here this way. So, that's it. So, it's uh I don't know, man. They had a line in here. Okay. >> That's all his property. >> Yeah. >> Yeah. I'm waiting for the video. See, I don't know where she was. >> Was him still or ah yeah leg. >> I don't know where that chick was. I didn't get her statement cuz I thought she came back here, but when he grabbed the item, came around here and that's when he threw it. So, I didn't know if he was throwing it to like come at me or if he was throwing it at her. That's when uh the the clerk that we were talking to you turned him around here and went. >> So, once he threw it, he's walking. I was like, "Hey, we need to go outside." So then as soon as I go start tens starts pulling that's when I just go to driving before stabilize on something. >> What kind? >> I don't know what his knee thing is he's complaining about. >> It's probably from something get a >> Hey Lopez, can you get a good statement from the the clerk? >> Yeah. >> Where's she at? Did you pick up the popcorn that got thrown or >> No. >> Do you know where it went? >> No. I think it's on the on the other side or on the other side. >> Were you standing behind me when he threw it? >> Huh? Yeah. >> You were standing to my to the right. >> Okay. >> Yeah. No, whenever I saw you, I was like, it hurt me cuz I was like, no. I mean, we're just doing our job, you know, and I was like, >> did he uh did you feel assaulted when he threw the popcorn? Yeah, I'm I'm helping uh Lieutenant Austin with his call really quick. Sir, can I call you back? >> Yeah, it's like >> Yeah. No, he was he was like, "Do you want me to kiss you and this and that?" I was like, "No, I just want for you to pay the bill beer." >> That's whenever he walked out again. That's whenever I tell him. >> Did he pay for those items? >> Mm-m. >> So, you didn't pay for anything? >> No, it's not shopping. >> Mhm. We could go with a song. >> Yeah, >> he he steps towards her like uh making them statements about like what do you want me to do? Kiss you and she just said right now that she thought he was going to hit her like when he stepped towards her. Oh, he just did it right now. >> So the assault right there. So multip So that that assault and then when he threw the popcorn. >> Yeah. >> Oh, okay. Cuz when you throw popcorn, >> I don't know if I thought it was going to come at me and then I didn't know if it was her and that's like it might be on the ground in the pile of yours. >> Oh no. So that's whenever >> they're in the corner. >> They're in the corner. But let me see. >> I got RN coming to the video. >> Yeah, cuz that's not going to be good enough. >> Just if I can see it. So >> store's closed. >> Yeah, it's closed right now. >> Yeah, she's she's confronting him right here. and he like takes a steps he takes a couple of steps towards her and then >> and I know I'm going to get >> statements at that [laughter] time like what do you want me to do? >> I know I'm going to get on Troy cuz I don't supposed to be >> confront them. >> Oh, you're fine. You're trying to do your job and ultimately I didn't know who it was cuz he was calm when I walked in. He was at the the register and >> anything else? >> See, look. No. >> So, see right there. Right here. I walked up. >> See, he walked up. So, I went straight I went up to get him. That girl that's outside, she did she come inside or do anything at all or she in the car? >> No. No. She was in the car all the time. I mean, but you can see her. She was all beat up. >> Did you saw her? >> Yeah. >> See right there? >> Get it? And then that's when that's when you go out. >> Uh-huh. I went outside and I told him and that's whenever he was telling me. He was like, "Well, I'm getting my car and this and that bitch." And I was like, >> card. You say he was getting his card. >> Yeah. His money. And he was like, >> "The video doesn't pick up the assault, though. You don't have a >> Watch. You get one of them here, but I don't know if you'll get >> Yeah, that one. You got my You got my camera for that. >> So, right here. >> Right here. He's like >> And then on the self check out we can we can see that whenever whenever he he goes towards you, >> but I'm going to show you this and then I can go to >> the guy in the camel told me before he's like, "Hey, he's giving her a hard time." >> Two people stopped me on the way up. They sell to go 7:40. Yeah. >> Are you guys getting all new cameras now? >> Yeah. >> So, let's see. >> What time is that? >> At 7:40. >> 7:40. >> That happened right here. >> Yeah. When he throws it. Yeah. >> So, if we can get that video from RNI and then the use of force like the main one from the doors, that's where that took place. I went outside. I went outside and then >> I left the customer. He was like right here. >> And this is when he comes back. >> Yeah. >> Possibly to pay. >> See again he didn't pay it again. >> Right here cancelled. So >> Oh, it didn't even go through. >> No. Okay. >> So right here you can see That's whenever I went outside >> cuz the other side of the tablet is where you see it went through. >> You can close out the road rage if they don't want >> cuz I want >> But you retrieve those items back, right? >> Yeah. >> So right here, see and that's whenever I told him that I was going to refuse the service cuz he was going up. So he left. Well, he left over here on this side >> at the door. >> Yeah, he was by the door. Right here. Right there. He was right there. And then she pee and then she was looking at him. That's when she got pissed off too. >> What was he saying or doing at that time? That >> he was just saying a lot of >> like to himself or >> No, she he was going off with me. Do your job. and this and then I was like, "Oh my god." I was like, literally, I'm I'm going to be honest with you. I was hearing my son, my my 15-year-old. >> I was like, "Oh my god, another." And I was like, "Uh-uh." So, he went out with this guy, too, cuz he was over here. He was right here. And he was telling a lot of things to a customer. And that's whenever I call dispatch again, cuz I didn't saw nobody coming. See? Right here. >> Yeah. >> He's right there. So that popcorn, did he pay for that? >> Mhm. >> Okay. >> No, it didn't went through. That's whenever you came. I That's whenever I went outside and he was saying all kinds of things. I don't know if uh she can get the because I know you can hear the cameras. As long as we can get the video footage now and then of what happened, we'll have them come out here and then later if you guys can't get the audio, we'll we'll come back out for that as well. And then as we get this video, I'm looking for the video just for my report for where I interacted. If you have the printouts for the shoplifting, that way we can tag that on. So right here, he was going up with the customer house. You can see it right here. And that's whenever you show up after him. >> That's why he said he threw you off his car. >> Mhm. Yeah. So I saw you as soon as I saw you cuz I was on the phone with dispatch. So I as as soon as I saw you, I went outside. I was looking outside to see if somebody was coming. So that's whenever you came. That's whenever I went outside and that's whenever you come and look right there. It's going to do everything. >> And that's whenever you told me that if I was refusing the service and you told him that I was refusing the service that he had to leave. That's whenever he was refusing to you too. >> So he threw something. You saw >> Yeah. >> Go for 031. Did Did his transaction go through at that time? >> I told him that he was in. >> Yeah, it's not. >> Oh, >> you see it? >> Yeah. >> At you LT. >> Yeah. >> Telling you, I didn't know like where she was if it's coming at me. Can you go to the other video >> for after that? >> Closer. Just just beer. >> It's like [laughter] water. The thing is watered down. I think he got most of it, right? >> Yeah. Cuz he went down I try to stabilize him like on those gators. >> No. And whenever No. And it was funny cuz whenever I was like little like a little chi as soon as he went over here I was going and I was like >> property. >> I was like I was like >> going to the hospital. >> Who's doing the 17s? >> I'll do the uh the blue team. It's me. >> What about the criminal complaint? >> We're getting the other charges. I got that. >> Okay. They'll be at MMC. >> All right. >> So, I was like, "Little Chi, what we done? I know I'm going to get in trouble with the bosses cuz we don't supposed to be doing that." As soon as I saw him, I was like, >> I was like, and I was like, "Uh, no, you better stop, Cynthia." I was like, "You better stop." But I was like, "Oh my god, it pissed me off." Honestly, I was like, "This this guy pissed me off." And since the morning, the morning, since the morning, Eduardo was here and I told him, I was like, "This is not the day, Edo. Do not even play with me today." I was like, "Not today." >> I thought the security guard was behind me. >> Oh, >> no. See, right there. Oh, hold on, hold on, hold on. >> I thought you were in for pursuit. I did. [laughter] But this mad, >> did you hear the walking away part? >> No. >> No. Can we just like So, see right here? Oh, hold on. >> Oh, you made >> Richard Thomas. He's an old school. >> See, look. Look. [laughter] I I was like, "What the heck do you >> If I get the 12 receipts, y'all got your tracks up." >> And that's whenever I told that girl that she had to leave. I was like, "You better leave." because this is it uh the policy of in our store if they're with someone stealing they're not allowed because they can't steal again and that's whenever >> another one came from that side and then like I had that door closed >> if we could just make sure laser if you can uh make sure R and I get the other transactions >> the receipt >> for this stuff too or just what he initially >> what he initially took for when he went all the way out store past the points of sales and then you recovered that correct though, right? And because he went out there and did it, do you still want to pursue for the shoplifting on that? Okay. And then for the assault, >> the clerk has both beers back and the charge goes ahead. Can it be shoplifting if nothing was lost? New Mexico statutes section 31620 covers willfully concealing merchandise with the intent to take it without paying. Getting the items back does not erase the offense, though coming back to pay can bear on intent. What remains is the man himself and the knee he says the take down injured. >> Shot. Okay. Thanks, guys. >> Yeah. >> Hey, Mr. Thomas, could you swing your feet out this way for me real quick? The ambulance is here to talk to you. Make sure you're okay. >> What's up? >> Are you injured? This is my [ __ ] >> Oh, okay. Yes, that would be okay with you. >> Is it okay if I feel on it? >> I appreciate it. Thank you. [groaning] Probably for nothing, man. >> [ __ ] ass for some popcorn, [ __ ] ass [ __ ] >> Do you have any medical problems that you're aware of? >> Stop with the [ __ ] leg, game. >> Okay. >> Did you ever have surgery or what's all that? >> No. >> Uh, I think it was. >> Yeah. >> What happened right there? [groaning and screaming] >> I'm not sure. If not, I'll take care of it right now. >> Check the camera. Same that [ __ ] This [ __ ] really threw a [ __ ] popcorn and [ __ ] they attack him like a [ __ ] >> Are you injured anywhere else? >> No. >> No. >> No. If he's not complaining of anything else, uh there wasn't any like taser or anything like that. >> Yeah, we appreciate you want him out of the car a little bit more to >> get his vitals. I'll make it. William, please. >> All you complain about right now is the food. >> Nothing. >> No. Nothing in this space at all. >> Why? Doesn't matter anyway. >> There you got all this paper. >> Richard. >> Yeah. Richard Thomas. >> Richard. 40 due to a flag. >> Oh, no. No, you're good. You were actually blocking the sun for me. >> All right. Try not to move. Okay. >> Okay. >> It's almost done. Keep the pressure. >> I have to [ __ ] move so this [ __ ] won't hurt me. You mean >> I know. >> Yeah. Okay. You didn't hit your head or anything like that? >> Yeah. >> Watch your video. Watch your video. >> It looks good. >> Okay. >> Sounds good. >> Appreciate it. [groaning] >> Anything else? >> No, we're good. Thank you guys so much. >> Take care, sir. >> You guys, too. Be safe, babe. >> You, too. >> Let me get you to sit on the other side, bro. What side, dog? >> The other side of this unit. That way I can get you over there and put the seat belt on. >> Push me that way. Push me cuz I can't. My leg's all [ __ ] up. >> I'll help you walk over there. We don't got to go fast. >> Push me through this way. Push me that way. Like drag me. >> No, I ain't going to drag you. >> So, how am I going to do with my [ __ ] up leg? >> I'll help you walk. >> Okay. Give back. Get back. 1 2 3. There you go. [groaning and screaming] Oh [ __ ] Ow. [ __ ] >> You okay? If you can, you can lean up against the car right here, but I just got to check your pockets right now. Okay. >> You haven't did that, though. >> I just did a quick time to make sure you ain't got no weapons or anything, but I got to make sure now you don't have anything at all with you that you're going to take into the jail. >> Is this your left leg that's hurting? The bottom bottom of it. >> The bottom of your left knee. >> Yeah, I'll grab all those coins right now. >> Hey, can you loosen these little [ __ ] things up a little bit, please? >> The cups? Yeah. >> Yeah, they're a little tight. >> Yeah, I got you going. >> Yeah. Which one's too tight? >> The left one. This one right? >> The right one. The right one. >> All right. >> They're both a little tight, bro. I'll fix them right now. All right. >> Is that better? Yeah, that's good. >> Oh, let me let me double lock it real quick so it don't tighten up on you. >> There you go. That better. Hey, let me let me stand your hat so I can put your your coins in it. All right. >> All right. Ow. >> Okay. Turn this way and sit down, man. Get slidy. >> Hey, that's on me right there, right? >> Yeah. I'm going to pick it up right now. [groaning] >> Do you know how much it was or no? >> Yeah. Like a million dollars. A million dollars in your pocket. >> Small time. >> You had your wallet inside, too. >> It should be right there. >> Yeah. >> Okay. I think my buddy's got it. >> [ __ ] I bump down this [ __ ] That's crazy. You're from what? You're from? >> Yeah. That's what's up. >> The last time The last time I got [ __ ] arrested on a baker was around. Baker's your [ __ ] your federal baker. Bakers are your your your um your top, right? Yeah, >> he was he was a pescala. And when when I was doing time in the count, dog, he was a pescala. >> Oh, yeah. >> [ __ ] baker. Yeah. >> And then there was the other baker, the [ __ ] female. I think she turned into a detective. >> Yeah. >> Fine ass [ __ ] female dog. >> Who was [ __ ] baker? Little buster. Who's Who's your sergeant right now? >> Mine? >> Yeah. Who's the dude that just pulled up with the mustache? The one that was standing right here a second ago. >> I didn't see him, doctor. >> No. >> No. That's crazy, Don. >> Did you want to tell me anything about what happened, Ro, or no? >> He is in handcuffs and under arrest, and an officer has just asked what happened. Can his answer be used against him? Under Miranda versus Arizona, answers to police questioning in custody require a warning and a waiver first. Without them, prosecutors generally cannot use the answer to prove their case. No warning is heard on this recording, and he is about to answer. >> Yes, dog. I feel violated, dog. I was trying to buy some [ __ ] popcorn and this [ __ ] [ __ ] dog. We already um rebumped his couple of times, dog. I threw my popcorn because I was mad, dog, and I got tackled, dog. That's [ __ ] up, homie. Laella, man. I could have already [ __ ] if I wanted to do whatever. This ain't [ __ ] to me, dog. This sh a [ __ ] That [ __ ] ain't [ __ ] to me, dog. and the actual dog. But that's [ __ ] up, dog. You [ __ ] look at me, dog. I'm all [ __ ] wet, dog. You [ __ ] attacking me because I threw popcorn. Uh some popcorn. I threw it across the [ __ ] um the store. That's no [ __ ] crying, dog. Hope you guys are crying. >> That's That's all I got to say. You know what I mean? Gang3 representing from Cruz, you know what I mean? [ __ ] the [ __ ] hoodas. [ __ ] all y'all haters. I got to get in where I fit in. You know what I mean? >> You're the dangerous order. >> What are you talking about, dog? >> Talking about what you just said, bro. >> What? What are you talking about, dog? >> What do you want to talk about? >> What are you talking about? Bedroom. I'm trying to ask you what you saying. You still bring me for the soldier or what? >> You want to kick your feet in the car real quick? That way I can pick up your clincher? >> I need help. I'm going need some help to pick up my legs. My legs on my it's on um >> it feels hurt. So I can't pick this leg up on this side, dog. So if you could help me with the right one, I appreciate it. Yeah, I got you. This way. >> Ready? Can I scoot back? >> Uh yes, Lopez came and got photos right now. You able to scoot back or no? >> Yes, I can. This is my sergeant bro. Did you want to talk to him about anything or no? No, don't start this, sir. >> Hey, sir, if you could check out the cameras, please. I appreciate it. >> Yeah, you're right. >> I appreciate it. Thank you. >> Swing your feet. >> Yes, sir. >> What's wrong with your knee? I got [ __ ] tackled and they they [ __ ] me up. Hey, >> check out the cameras. Look at the cameras right now. What they did to me? for throwing popcorn. That's not a law to throw popcorn. >> Are you able to kick your feet for me? >> I can't. I need some help. >> So I can't. >> Yeah. How about you scoot back a little bit to get more into the seat because on the edge of it? >> How old are you? How old are you? >> Cuz the way you're acting, you're acting like a little kid. >> No, he's hop in there, dude. Fast you get to the jail, the faster you can get on the street. It's >> folding. We need you to get your feet in the car first. Pull >> you in. >> That [ __ ] hurts, man. >> That [ __ ] [ __ ] hurts. >> That [ __ ] [ __ ] hurts. Say, >> we'll take you to the hospital. >> I appreciate it. Thank you, sir. I appreciate it. >> You got to get in there, though. We can't take you to the hospital with your feet hanging out the door. >> Okay. Can you push me from the other side? Drag it from this side cuz I don't think my leg will that hot like go that high. >> I don't want to get pulled in there. >> From the other side, right? >> Kind of being a little childish. >> Lift my lift my [ __ ] pants up so you can see. >> Stand up. Yank them up. Can't reach them or what? >> You're all covered. Copy. >> It's the eyes. Say I'm kind of copying copy. >> Your sucker's on you, dog. of you. >> Pull your pants up, dude. >> If I could, I would, man. What the [ __ ] >> Yeah. [groaning] >> Gracias. Gracias. I appreciate it. >> You're going to get in the car, right? >> Get through the hospital. >> Let me help you. Look on this side. >> Grab them with your hand. >> Are you reaching now? No. >> I'm going on this side. On the back side. >> On the back. You can't reach it now. >> How about you? >> Oh, why you don't get close to fit? >> I do. I don't have no lips, sir. >> I I don't have no hips. >> Yeah. >> You just lift up your leg in there, dude. >> High enough to get in there, bro. Come on. >> There you go. Back like a worm. [ __ ] No, you got to get a [ __ ] >> You want a wheelchair or you able to walk? >> I'm going to need a [ __ ] wheelchair now. >> Please. >> Yeah, I'm going to once we take you in there, bro. I'm going to give you to this transport officer >> and he's going to hang with you until the other dude gets the >> from the county. >> Yeah, please. >> From the county? >> No, he's with us. >> Yeah, >> yeah, yeah, he's pretty chill, bro. [ __ ] dog. My I'm not [ __ ] around, homie. This [ __ ] [ __ ] hurts, dog. >> Yeah, it hurts, bro. >> Did you see a video? >> I didn't, bro. I was with you the whole time. >> Check it out later when you get a chance. It's funny. >> Yeah. What? >> Knock me the [ __ ] out, bro. [clears throat] [ __ ] popcorn, dog. For [ __ ] some popcorn, dog. She gone, dog. That's what's up, dog. Hey, what happened with your home girl last night though? >> Who you talking about? >> The one that Daisy that brought you to the gas station. >> Daisy, she didn't know where to brought me to the gas, dog. What you talking about? >> Huh? >> Bro, she pulled up and said, "Hey, you dropped him off at the gas station." So, she >> call her for me, dog. Tell her to come pick me up. >> She said they uh you got she got jumped or something like that. >> So, who's my charges? >> Huh? >> What's my charges? >> Uh salt. >> I did get they [ __ ] knocked me out, dog. In the [ __ ] gas [ __ ] dog. >> No. No, no, not that last night for Daisy. >> Oh, no, no, no, no. So, what's my my charge right now? >> Assault on a peace officer and resisting. >> Oh, that's good, dog. I appreciate that [ __ ] dog. That shit's going to be [ __ ] I'm glad that [ __ ] went through. Hopefully, they [ __ ] charge me with that [ __ ] dog. >> You trying to go back or what? >> No, it's on camera, dog. >> It's on camera. >> Yeah, >> it's on camera. [snorts] Right. going to take x-rays on me. That's [ __ ] up, dog. Sad. >> [ __ ] [ __ ] hater all day, every day. You already know where the [ __ ] I'm from. I ain't got to say nothing. [ __ ] Now, >> where you living at? >> Are you guys still doing that [ __ ] royal with the walk in walk out type of [ __ ] in the county? >> That I don't know, bro. It changes. arresting officer. >> Huh? >> Who's the arresting officer for Royo? >> My my charges >> for your charges today. >> Yeah. >> Uh I think it's going to be Lazarin. >> Lazarid. >> Lazarin? Yeah. He's one of the ones that showed up a little later. >> Okay. Okay. But do you still do that [ __ ] walk in, walk out type of [ __ ] >> I I don't know, bro. >> Remember back in the days I got um some [ __ ] in and out type of I checked the [ __ ] out. >> I was like, "What the fuck?" I didn't want to go in all like that. They probably think I'm dropping dimes or some [ __ ] You mean sad or d like what the [ __ ] Don't take me out like that. What the [ __ ] >> You just hang out in front of the DC for a while, huh? >> Something. Yeah. Beat me up or something like [laughter] good at least. >> Yeah. [ __ ] that. N at least we ain't playing no that [ __ ] >> You need help getting your >> You need help getting your feet out of the car? >> If I could. Yes, if you could. Stop. >> Oh, no. No, no, no, no. Careful. >> I'm being careful. >> This one's the That's This is not the one that hurts. This one hurts. >> Let's go this way a little bit. That way I can pull you [ __ ] >> I don't know. I'm trying to help you out. Let's go forward. Ready? One, two, three. Get over this way. There you go. There you go. I got you. I got you. All right. Now, take your clothes off. >> Not right now. >> Not right now. >> Back. >> Ready. 1 2 3 go. >> Ready. 1 2 3. >> Go. Go. >> Appreciation. Thank you, dog. >> Put your feet up the best. >> Are you sure? Are you sure you want to be off? >> All right, bro. I'll go in with you right now and then uh I'm about to take off. >> No. >> The footage ends on the way into a hospital, but the lessons begin back at the cash register. When a store refuses service and an officer says to step outside, the purchase is over. Staying to finish the transaction turns a customer into a person who can be removed. The place to argue about the refusal is outside calmly or later in writing to the store. Stepping out costs a few minutes and refusing can cost a night in jail. When a person is in handcuffs, every sentence spoken near a body camera is being recorded. A rights warning protects against questioning, but it does nothing for words offered freely. An explanation given in anger or a boast about old affiliations can be played in court exactly as spoken. The safer course is to give a name, ask for a lawyer, and then stop talking until that lawyer arrives. When someone believes the video will clear him, asking officers to check the cameras is only a start. Store systems can record over old footage in a matter of days, long before a first court date. A written request to the store and to the police agency, asking them to preserve it creates a record. A defense lawyer can then demand every recording, including the body cameras. When an employee follows a suspected shoplifter out the door, the employee takes on a risk no paycheck covers. This clerk said on camera that she expects trouble from her bosses for confronting him. Many retailers forbid it for exactly that reason. Watching, noting a description, and calling the police protects both the worker and the case. When an officer interviews a witness, the question should ask what was seen, not supply the legal conclusion. asking a witness whether she felt assaulted hands a defense lawyer an easy argument. An open question takes no longer and the answer holds up better in court. It also keeps the witness's own words, not the officers, at the center of the report. No court record or news report could be matched to this footage, so the outcome of the charges is not known. What the recording does show is how quickly two beers and a bag of popcorn became a criminal case. The rest is for a courtroom to settle.