Hello. >> Hi. My name is um the guy outside. They stop arguing. But >> okay, >> this is my house and here. He doesn't have anywhere to go. >> Hello. This is the shirt. >> So, where's he at? >> He's outside. >> Okay. >> Okay. Are you okay? Any injuries or anything like that? >> No, I just told him to get away from me before things escalate. >> Okay. Okay. All right. Um, you don't need no medical attention. I see that you're pregnant. Just want to make sure that you're not kind of feeling any like vigilance, anxiety, or anything like that. We feel you pass out. You feel okay? Yeah. Okay. I do have my partner coming. I'm just going to go talk to him real quick. All right. [snorts] So, he should be here momentarily. What's his >> I know. No, it wasn't me, man. >> Hold on, bro. I'm call you back. Yeah, right now. >> You haven't had it been me cuz I just came on shift at like six. >> I'm out of but it's it's not me, son. I swear to God, I'm the one that's getting beat on. I'm >> okay. >> I'm I'm >> What happened today, man? >> All I did was come in here this morning and try to touch my son, give her a hug, >> and she's like, "Oh, you call me a snake. I'm this. I'm that. I'm this. I'm this, this, and this." And then she's like, "Get out my room." And blah blah blah blah blah. So, I laid across the bed. Then she started grabbing my shirt, ripped my shirt up. Mhm. >> Like what am I doing to you? Like I didn't do a damn thing to you. >> I didn't say nothing to you. Didn't didn't start nothing with you. You started with me. >> Okay. And then what happened from there, man? >> She's been beating on me. What do you mean? What happened from there? I'm not touching her. >> Okay. Okay. So, you guys are you're trying to hug your son. She starts telling you some stuff. Hey, get out of here. He's trying to lay across the bed. She starts pulling on your shirt, starts ripping it up. Um, and then from there you said she started beating like how how she beating on you >> like pulling my hair and and and doing all this extra. You see what I look like right now, man? Okay. I'm I'm I'm not doing nothing to her. All I did was sit in the room. >> Okay. And who is she to you? >> That is my baby mom. >> Mama. How many kilos you guys have? >> We have one. She's pregnant with our son now. >> Okay. >> And all I wanted to do is come in, you know, give her a hug, you know, go about my business. But I didn't start anything with her. >> Okay. Okay. So, she's pregnant with your son right now? >> Yes. >> Okay. And you don't have any other kids besides >> No, I got other kids. >> Oh, okay. But with her? >> No. >> No, that's your guys' first kiddo together. Okay. How long have you guys been together for? >> Uh, about a year now. >> About a year. >> Mhm. >> Okay. >> How long you guys You guys both live here or just her? >> Yes, we both live here. >> Yeah. How long you guys [snorts] been staying here for? >> A year. >> About the same time. >> Okay. And because of that, like when you came home, was she upset cuz you got like home late or something like that? >> No, I actually fell asleep back here. Oh, okay. >> So, it wasn't none of that that I got home later. Nothing. It was >> Okay. >> I'm just starting cuz I said something yesterday. >> Okay. >> I didn't do like I said, I didn't do anything to her. >> Mhm. >> Didn't bother her. Nothing nothing was supposed to go left like that. Like, nobody did nothing to anybody. >> Mhm. >> I literally just woke up, came to hug my son, go on about my day. >> Okay. >> So, that that's that's it. >> This all happened. Okay. So, ripped shirt pulled your hair and then besides the the shirt pulling the and the hair pulling anything else. >> No, it was that. Okay. All right, man. And then what kind of like you guys were in the room at this time? >> And did it go anywhere else? Did it escalate any further? >> No, no, no. We wasn't like fist fighting or nothing. >> Okay. >> So, it was just that and then after that like >> anything else? >> I'm out here. >> Okay. You just came out came out here. >> I'm out here. I've been I've been out here. I walked through out the front yard, came back here. I I'm I'm I'm just chilling. I was talking to my grandma. >> Okay. Just one thing that I noticed when I first walked in, there was like a car that was on the floor when I was outside there in front. A card. >> What kind of car? >> It was like a blue like a card. >> Oh, yeah. That's mine. I think I dropped it. >> Okay. Okay. Just want to make sure there's nothing else going on when that happened. >> Yeah. No, no, no. I think I dropped that last night. Thank you for providing it, too. >> Yeah. Um, by any chance, do you have an ID on you? >> Yeah. >> Yeah. >> Oh, wait. He's in the house >> right here. Notice how the officer is separating the two people and gathering information instead of immediately accepting either version of events. That matters because in a domestic dispute, the first person who speaks is not automatically the person telling the complete story. Watch how the investigation develops as the officer begins comparing separate accounts with physical evidence. The key question is not who sounds more convincing, but which details can actually be supported. >> That's fine. I could just get your information. What's going on? >> Just um stupid situation. >> Okay. What's the stupid situation? >> Cuz he want to call me a snake and then he wanted to lay down with me. >> I told him to get away from me like get out of my room. >> Who is he to you? >> My baby daddy. >> Okay. With >> just that one. Okay. So, >> yeah. I told him again. >> Oh, yeah. So, can you just tell me about everything that happened today that led up to everything? >> He just won't sound like everything's fine today, but yesterday I started like he wanted me to take him to Rad's. [snorts] I was like, "No, I don't want to go." >> Last night. Okay. And then >> and then he tried taking my car. I was like, "No." So, that's where the fight started. >> Last night. What time? like around 9. [snorts] >> 9. And what happened? What do you mean by like arguing or >> I was trying to get the key away from him? >> Uhhuh. Cuz it's your car. >> Well, it's under my mom's name. >> Uh-huh. But I mean, what happened further? >> Um, that's about it. I just got the key. >> Uh-huh. And then what happened? What happened? >> 30 minutes. >> What? >> It lasted like 30 minutes. It >> was an argument and then what happened? [snorts] >> Nothing. He just left on his bike. Okay. And then what happened today? >> So today he came at like 3, like 5 in the morning. >> Mhm. >> And he slept on the couch. I was good in my room. Like >> Yeah. >> I was good. He comes in and um he tries kissing on me. >> Uh-huh. >> And I'm like, "No, don't do that. [clears throat] Like get away from me. I'm still mad." >> Yeah. So then cuz he called me a snake yesterday. >> Like saying is it like accusing you of cheating or >> No, like [snorts] being fake. >> Okay. >> So that got me mad. >> Okay. And then what happened when he came into the middle? [snorts] >> Nothing. I just told him to get out and I started ripping a shirt like telling him to get out >> of the room. And then [snorts] what else? >> And like he just started getting mad. He ripped my shirt, too. >> What shirt? >> It's over there. >> Can you show me? He ripped it in half. >> Yeah. Well, I had it on me. >> Uhhuh. And you were trying to get him out of the room. Grabbing his shirt. Ripped his shirt. Getting him out. And then what happened? What do you mean? What? What happened? >> I still wanted to be in there and we were arguing. >> Can you Which room was your room? >> That one. >> Can you show me like Can you just demonstrate to me what happened? He was laying on my bed. >> Uh-huh. He was laying right there and you were laying getting in there further. >> I was just sitting here and I was like telling him to get out. >> Uh-huh. >> Before things escalate. >> Okay. [snorts] And then what happened? >> He just wanted to be in here. >> Uh-huh. >> I don't know what. [snorts] >> And so you're telling him to get out. Get out. And then how how did he come to rip your shirt though? Um, he ripped it a few moments later because he was mad about his shirt. >> So, what did he do? >> Like, he grabbed me. >> Uhhuh. And ripped your shirt or grabbed you and did you fall on the ground or just ripped your shirt off? >> No, just ripped my shirt. >> And then what happened after that? >> Mama [snorts] was like, I'm going to call the cops. >> Okay. And then where was he? What happened after that when your mom said that? >> He's like, "I don't care. Call him." >> Okay. And then >> and he's like, "She's going to jail anyways." >> Okay. So, he came in here cuz he got home around 5:00. He came in here. What time did he come in here at? >> He came in here at like 8:00 in the morning. >> Okay. He was kissing on you. Brush him off like, "Get off you. I'm so mad at you." And then he just You're like, "Get out." And he's not getting out. He's just standing there. And so you grab him by the shirt, trying to get him out. [snorts] Rip it. You rip the shirt. Is he still wearing the shirt? >> I think so. >> Okay. Rip the shirt. And then after you ripped Obviously, he couldn't get he didn't get out. What happened after that? He lay back down. Or does it >> He just kept arguing with me. >> Uh-huh. And then [snorts] how how long was it until he ripped your shirt after that? >> I'd say like 10 minutes after that. 10 minutes after that and just out of nowhere he gets upset. He's like, "You ripped my shirt or what did he say to you?" >> Well, yeah, I ripped his chains off too. >> You ripped his chains off >> off of his like neck too and then >> cuz he wanted to rip my shirt. So [clears throat] >> So after he ripped your shirt, you ripped his chains off or like during it like while you guys were both struggling, you take off his chain and you ripped your shirt? >> Yeah, it was kind of I don't know all over the place. >> All right, give me one second. Okay, ma'am. And was that the same shirt that you were wearing? >> Yes. >> Yeah. Okay. And then just during the time that like you know she was pulling tugging at your shirt, pulling at your hair and stuff like that, did you do anything back to her? >> I was just laying >> Watch this because the wording here is important. He claims he was simply lying down while she pulled his hair and damaged his shirt. But at this stage, that is still his version of events. An investigator has to distinguish between a person's account and facts that can be independently established. Pay attention to the physical marks and the clothing because those details may help test the consistency of what both people are saying here. >> You just lay there. >> I'm not no woman beater, man. >> All right. I can appreciate that, man. Um, no injuries on yourself? >> No. >> No. Okay. >> Just want to make sure because I've been at one before where people were pulling each other's hair. >> No, your hair got pulled out or nothing like that. Not like that. Not that hard. >> Okay. No, it was hard, but it wasn't hard enough to snatch out. >> Okay. >> But I guess I'm not I'm not tripping about it. >> Okay. So, just I'm moving a little forward here, but as far as like obviously things are extremely tense between you guys and everything right now. >> It's tense between her. I'm not bothering her. >> Yeah. Yeah. Well, I I feel you there, but just in order for the situation to cool down, sometimes separate for a little bit, allow tensions to kind of cool down. Do Do you have any places to go? family here. I'm I'm here by myself. >> Where are you from, man? >> I'm from South Carolina. >> Okay. >> Yes, sir. >> How long have you been here in Cruises for? >> Uh about a year. >> About a year. Okay. [snorts] >> And what brought you to here to Cruises? You don't mind me asking? >> Um I don't know. It's different. I'm used to the beaches and [ __ ] So, >> yeah. >> Coming down here and seeing it's beautiful here. I love it. >> Yeah. And did you like hear about it through like friends or family or >> No, I actually heard about El Paso and then El Paso driving up this way and I was like, "Oh, this is nice." It's like, you know how [clears throat] you come out the the highway like you're coming past uh not Rico but the other one before Rico. >> Mhm. >> You coming down that hill. It's so beautiful. >> Yeah. >> It's beautiful. >> Yeah. It's true. Did do you get a ID here in Cus or? >> Yes, sir. >> Yeah. Okay. >> All right, man. >> Yeah. Sound like my grandma want me to move back now. I don't I don't want to go back to South Carolina. >> Okay. >> That's too dangerous. >> Yeah. Yeah. What What part of South Carolina were you from? >> I'm from Columbia. >> Columbia? >> Yes, sir. >> Uh, can you speak with her? >> Yeah. >> Okay. >> So, they say he just said that he came he was out here. He went to the bedroom, go give son hug, kiss. She was upset about something that he said yesterday. >> Um, so she started like telling him to get away, started pulling at his shirt, >> ripped his shirt, started pulling at his hair. Um, he said at that time he was just kind of laying there kind of taking it, putting up with it. And then he said that afterwards, you know, he just kind of got away from the situation, came in here, sat down, was here. He said he didn't do anything to her. Uh he said that he doesn't have any injuries or anything like that. I just see some like light like scratch kind of marks on his arm right there. And then he said none of his hair got pulled out or nothing was that hard, but he said it was hard but not that hard. >> What about the shirt in there, man? Her shirt. She ripped my shirt. I ripped her shirt. It's not like I I I hit her or anything and she >> Were you wearing chains and she took off your chain? >> Yeah, she ripped my chains off, too. >> That's the same shirt. I'm guessing that's the same shirt you were wearing. >> And she was wearing that black shirt. >> Yeah. >> I just went like >> Was this after? Did you rip her shirt after she ripped yours or? >> Yeah, I just I just went like that. >> Was that on her? >> Huh? >> It was on her though. Dropped you. Grabbed your shirt and just ripped it. >> Yeah. >> And what happened after that? >> That was it. Okay. She didn't slap you. >> No. No. Well, all that happened before the fact, but >> Yeah. >> Yeah. >> I was just I was, like I said, I was just laying there. >> Okay. >> So, she admitted it to >> Yeah. This her how how what was the time distance between when she ripped your shirt to when you ripped yours off? >> Like five minutes. >> I just had a note like cuz like you ripped my shirt so I'm going to rip. >> So it's my understanding right cuz she was trying to get you out of the room right all that you guys kept arguing after that and then out of nowhere you're like I'm going to rip your shirt down now. >> Yeah basically. >> Okay. >> I mean she ripped mine so I didn't do none of that. It was just >> Okay. What's your plans after this man? >> I don't know. >> You have somewhere else to go? >> No. I'm not from here. >> Where you from? >> I'm from South Carolina. >> Oh damn. >> Yeah. Murder dude. do weird ass [ __ ] She mad cuz I called her She mad cuz I called her a snake and this is snake activity. I didn't do nothing to you, but you want to call the police and do nothing here, >> huh? >> How'd you end up all the way over here? >> Driving through going to El Paso? >> Yeah. Coming down this uh this little hill right here. Seeing the mountains over here. >> Still driving this way cuz he kissing on me. Get out with the shirt with the shirt. >> Mhm. >> Yeah. Well, to depending she say like he he grabbed her when he ripped the shirt or he just ripped the shirt. >> He cuz she said cuz I ripped his shirt. He ripped my shirt. So, >> so I didn't know. Tell me. >> Yeah. Get out. >> He comes in kissing on you. You get upset, get out. [snorts] >> I get out. >> No, that's what I'm saying. Telling him to get out. He's not getting out. Grab him by the shirt. Rip it off. Or rip tear it, but it doesn't do anything. He stays in there. Just continue arguing. When does the chain get ripped off? >> Why does the chain >> When When do you snatch his chain? >> Was that when you ripped his shirt the first time or was it after he ripped your shirt? when he was trying to rip my shirt. >> Okay. And he just grabbed your shirt like that in front of you. >> Yeah. He like pulled me like >> ripped it off like that. >> Huh? >> The kid in front of me and the kid. >> Okay. Can I talk to you over here, Max? >> Okay. So, can you off of off of what you can remember, can you tell me what happened? >> Okay. So my grandson sleeps with me. >> Okay. >> So I woke up and then I said go. He said I'm hungry. So he went to the room and I guess they were arguing already. So he came back to the room and he said mommy's arguing with Okay. So I stand out because they always argue and I'm scared because he doesn't listen to me. I said >> get away from her. So wait, what was so the young the boy is that her kid too? >> Okay, it says what did he say? Mommy's what? >> Mommy's arguing with Cody. So both were >> and then I came to the room >> to her room. >> And yeah, so he's standing and she's in the bed. >> Uhhuh. >> And with the shirt like that, right? >> His shirt or >> his shirt? >> Uhhuh. [snorts] >> And >> yelling. He yells too loud. And I said, "Cody, please leave the room." >> Why? My clothes is here. Everything is here. He go, "But why did you being here arguing?" So it it it's going to escalate, right? >> You know, he didn't want to leave the room and he kept telling her things and all of a sudden he was on. >> Pay attention to the distinction the officer is trying to establish here. Was she attempting to create distance or did her actions become part of the physical confrontation? Those possibilities are not automatically mutually exclusive and the surrounding circumstances matter. Investigators have to examine the sequence of actions, each person's statements, and the available evidence before assessing who was the primary aggressor. Notice that her explanation is being tested against the details already collected, not considered in isolation. call her. So I said, "I'm going to call the police." >> What do you mean on top of her? Like what? >> Yeah. Fighting. >> Was he punching her? >> No, I don't see punch. >> You just like on top like over top of her. >> She has a baby inside almost doing him in there. Why? He can leave. >> Yeah. So So you didn't see her You didn't see him punch or slap her? You just saw her in her in her face. >> Yeah. And then they were she he was I was grabbing her phone for >> he what? >> He was grabbing her phone. >> Her arm or >> No, the phone. >> The phone. >> Her phone trying to take it out >> on the bed. >> Uhhuh. >> And she was >> Yeah. It's so funny. It's so funny. >> Did you see her Did you see him rip her shirt? >> And he just he just grabbed it >> like >> ripped it off cuz he she ripped his >> first like that and then >> Did you see her grab his chain? His necklace. >> No, I did too. It was before the first on top of it. >> Okay. >> Yeah. >> All righty. What was your name? >> Mana. Okay. We can go back inside. You >> know, you can go back inside. Oh, >> thank you. This is my house. Yeah. I mean, I don't want him here. >> No. Yeah, we'll talk to him about that, too. Um, >> how long have y'all been together? >> Since last October, >> like of 2023 or 2024? >> 2024. >> About a year. >> 2024. So, just a few months. >> It's been like a year, hasn't it? since >> so not this October that just passed but the one before or >> after your birthday. >> Yeah. >> So this last one this like this one that just passed. >> So >> I just want to confirm how far along? >> Eight months. >> Eight months. So yeah cuz he said that you were due in April, right? >> So and he were you guys dating before he got you pregnant or so probably 20 2023 then? Right. No, I met him in 2024. >> Okay. >> And you guys started dating? >> In March. >> March. Okay. Okay. That's when we thought you said October. >> Okay. That's when you guys started dating. >> Yeah. >> Okay. >> Yeah. So, I did talk to him a little bit about that. He says he doesn't have anywhere else to go. He's from North Carolina. So, >> yeah. >> He said he be living here. His ID comes back here. Okay. >> She's primal guessing. >> Yeah. Yeah. So, yeah. The only thing is is like if you want him out of here, you're the owner of the house, you're going to have to go to magic court to have an evicted. >> We can't force him out. >> Yeah. We can't force him to leave. >> Sadly, you know, I mean, it's just the thing that the nature of BC's been living here for a while. His his ID comes back here now. >> 30 days. >> Yeah. you evict him and yeah, you'd have to do all that. So, >> the other day he had a pile of my daughter's clothes outside that he went. >> Is that Can I talk to you outside? >> I Is there anybody else? >> Is it just the the four or four of you? >> Yeah. >> Okay. >> Is he your boy too? >> Yeah. >> Not his though, right? >> Okay. Um, so this all occurred last night and then it turned into this morning, right? >> Mhm. >> Okay. >> All righty. So, Miss Evelyn, is this yours? >> Oh, we'll put it inside. Um, so with everything we have, okay, you can battery on a house, remember? Okay. So, you're going have to be charged with it. Okay. The battery on the house house remember cuz you grabbed him and grabbed his chain. Okay. I understand he ripped the shirt which is >> not good. >> Yeah. He did a retaliation. Um so that's where we're at right now. Okay. >> What about him? >> So the what we have to deal with in these situations is we two people basically committing a a battery or an assault on each other. We look for what we call primary aggressor. And in this circumstance, we appreciate your honesty and everything. Talking to us and letting us know what happened is, you know, you're the primary aggressor for committing the hardest battery towards him, you know, slapping and so forth. Um, >> well, ripping his shirt, ripping his chain. >> Yeah. >> And everything. Okay. I understand he ripped his shirt, which is not good, and we're going to address that, too. Okay. >> Um, did you slap him? Well, he had like hit me. Well, not I don't know if it was on purpose or accident, but yeah, my lip is >> When did that happen? >> That's why I punched him. >> When When was that? You didn't You didn't tell me that. >> I just didn't want anything like to escalate. >> Okay. So, what happened with this about you hitting him and then you hitting the back or him hitting you? >> What is that about? How did How did you get this >> [ __ ] Everything's like a blur. I'm sorry. >> I think it was when he was trying to look at my shirt. >> And you said you don't think he did it on purpose. What do you mean by that? >> Cuz I think like we're just >> like Tesla or something. Okay. And that you think his arm just raised and it hit you on the lip and it caused you to get a bruised lip. Okay. And what about what about you? Like the same with you like you just both like that and you hit him >> or was it was yours you think yours was like towards him more like cuz he did this? >> Well, like he wouldn't get off of you. So yeah. >> What do you mean get off of you? Like cuz he was like he was on top of you like this like in your face. >> I was just defending myself, you know. >> What do you mean by defending yourself or whatever? That's >> like he was on like trying to rip my [ __ ] >> Okay. >> And you're trying to get him off of you. Okay. >> Okay. Yeah. >> All righty. >> Um, >> what do you think? I mean, >> so you said that you weren't too sure like as far as when he hit you or you got hit in the lip if it was when he was ripping your shirt and you're throwing his hands off. That's why you were hit. Correct. Okay. And I just want to be clear just because I might have misunderstood officer. >> Pay attention to the distinction the officer is trying to establish here. Was she attempting to create distance or did her actions become part of the physical confrontation? Those possibilities are not automatically mutually exclusive and the surrounding circumstances matter. Investigators have to examine the sequence of actions, each person's statements, and the available evidence before assessing who was the primary aggressor. Notice that her explanation is being tested against the details already collected, not considered in isolation. So, like while you guys were, you know, in fighting and stuff like that and you ripped his shirt, like what was what were you doing? Like you ripped his shirt, you ripped his chains and >> he wouldn't get off of me. >> Okay. >> But the ripping shirt like that was when I told him to get out of the room so he wouldn't get me mad, you know? >> Mhm. >> You're trying to separate him from me. >> So, you're grabbing his shirt. Get out of the room. He's not leaving. It ripped his shirt >> like from anything leading up to this. >> Correct. From everything. Okay. Cuz he came in there trying to kiss on you. Trying to make I guess trying to make it better. But you were still upset from last night from him calling you names. And then when did the chain come off? Was that when he ripped your shirt in that struggle or was that when he first when he was trying to rip my shirt? >> Okay. Okay. And so you grabbed his chain and you guys both kind of ripped each other. Ripped his chain off. You snatched his chain. He snatched your shirt. >> Yeah. Okay. >> All right. Clarified better. >> I think for the most part, I just wanted to make sure that there was like not a I thought there was like an intentional slap. Okay. >> You know, I didn't want to anybody to get charged or anything. >> And so evidently, sorry, Miss Evelyn in the state of New Mexico. Okay. >> On probation. No. I gota So people people in char people in involved they don't have the right in as far as domestics. Okay. It's the state in New Mexico which is us. We're the state and we're the ones because victims usually don't want to pursue charged. Okay. So at this point Okay. You're going to be charged with battery house member. Okay. >> Is he getting charged too? >> We we'll address it. Okay. But we have to address the the aggressor at this point. Okay. So can you turn around for us real quick? Do you have some shoes? >> Where your shoes at? >> Mhm. Can you We'll just have you stay out here. Okay. Can I Where they at? The shoes. >> Can I step by, buddy? Like >> Yeah. cuz I'm going to arrest her. >> It's just the evidence that we have, ma'am. Okay. So, she we're giving her the benefit of just or the benefit of just saying goodbye right now. Okay. She's cooperating with us and everything. So, that's what we have right now. Okay. >> Hey, Dad. You want to find shoes real quick? >> Well, do I have to go like Yes, ma'am. So, New Mexico, we we we can't just give you like a citation or anything off of that. We have to >> Yeah, but he has no marks on him. Like, that's the thing. >> Statements, his statements, your statements, everything. Okay. We can we can go off of statements. We don't have to go off of physical evidence. >> She's going to be in jail for the 3 months. >> No. >> Her? >> Yeah. >> No. That's tomorrow. >> H >> she'll be out tomorrow. >> Oh, >> unless I mean what's your probation for? >> For DWI. Oh, >> okay. Yeah, you'll be out tomorrow. >> You will not get help for that. >> Tomorrow's Sunday. Oh, >> today Sunday? Yeah. You'll be up tomorrow. >> I'll have to take my son's school tomorrow. >> Okay. Or you're going to have to figure something out. Okay. But this is what we have right now. Okay. So, let's put some shoes on so we can go and get this done. Okay. >> If he threatens me, he going to put down the cops. >> I want to put your shoes on. >> I just don't think this is right. >> And I understand, ma'am, but off of your statements, off of everybody else's statements, this is what the state is. >> Yeah, but he came in the room. Like >> I understand, but and we'll talk about it more, but can you just put your shoes on for me, please? We'll talk about it after. >> I'm not going. Like, he's the one that Okay, >> he came into my room. >> Where's Evelyn? >> Okay. I'm not >> I'm not going stop. Evelyn, Evelyn, >> let's not make this worse. Let's not make this worse. [laughter] It's going to be okay. Stop. >> Stop. >> They're going to help us in front of your boy. >> Do this in front of me. Okay. >> Come on. Step one, potato. >> We'll talk after. Okay. But you're not making it easier on us. >> Put him in the back though. >> Miss Evelyn, you're not making it easier on you. Okay. This is our policy. Okay. If you >> put him in the back, though. >> Cooperate with him in the back though. [ __ ] friend. >> I did it. Let us talk to you, okay? But you got to help us out. You got to meet us halfway. >> You're not helping me. >> If you want me to put in Stop talking over me, okay? If you want me to put him in front rude. >> I haven't been rude whatsoever. Okay. You've been doing this to yourself, Evelyn. Okay. I've been professional with you. [laughter] I told you everything that happened. >> Stop. Stop. Okay. If you want me to put them in front, you have to cooperate. But you're not You haven't been cooperating whatsoever. Okay? If you cooperate further, then we can talk about putting them in front. Okay? Put on your shoes. We're going to walk outside. If you're not going to put your shoes on, then you're going to go barefoot. Okay? We're just giving you the benefit of the doubt so you don't have to walk on the road in socks or hurt your feet. Okay? But either way, this is what we're doing. Okay? >> I didn't even punch him or anything. >> Okay? And that we didn't say you punched it. Okay? We didn't we're not that's not part of the what is going on. Okay? We'll explain it to you out there. Okay? But right now, Evelyn, you're not in control. You're not in control. Evelyn, we are in charge. Okay? >> And we we're trying to explain that to you, but you're not meeting us halfway. Okay? >> Oh, yeah. Because >> we'll explain it, okay? But if you're going to put your shoes on, you put them on now. If not, we're going to go with no shoes. Okay? >> But why am I getting you explain it here? >> Cuz you're not in control. Okay. We're going to go outside where we can have more controlled environment. Okay. >> I don't want to go outside. >> Okay. Well, you go outside willingly or we're going to carry you outside. >> We talked about this outside. Okay. We We know both of you guys were ripping each other's shirts. >> Or something. He has some marks on his arms. Okay. From when either when you were pulling at him some >> I have a mark on my lip. >> You have a mark on your lip. >> On my arm. >> Well, you yourself >> right here. Notice the shift in the encounter. The officers are no longer just collecting statements. They are explaining why they believe they have grounds to proceed with an arrest. The officer points to the woman's earlier statements, the marks on the man's arms, and the conflicting accounts of how the clothing was torn. But notice the important distinction. An officer's explanation of the evidence is not the same as a final court determination of guilt. From this point forward, the woman's resistance to the arrest creates a separate issue for the officers to manage. >> Okay? You're saving that evidence after the fact. After we say that you're going to receive charges, you're like, "Well, he did this. Well, he did this." >> Kind of makes it invalid. It's starting to make it where you're just trying to get something out of it before you get in trouble. Okay. >> I have it. We have it all the time. Okay. I've had it earlier today. The call I just had right now. It's the same exact thing. >> As far as Evelyn is, is you yourself said that you don't know if he intentionally hit you on your lip or he was ripping your shirt. >> I don't I don't want any of us to get in trouble. Like >> I understand that, but >> I just wanted y'all to help the situation and you're not helping at all. >> Okay. Well, we have a state. We have an obligation. >> Like, it makes me not want to call y'all at all. Like, >> and I'm sorry. What if he tells me he wants to kill me? Like >> you guys nothing at all. No. >> Okay. Well, you have your Okay. I'm sorry. Unfortunately, that's >> nothing at all. >> Okay. We have a lot to go to jail. >> Well, instead of him, >> well, we'll explain outside, but she's going to stay on your >> You're not You're explaining. >> We'll explain it to you. We have to go. >> Can I put your shoe? You're hurting me. >> You're hurting me. My [ __ ] pelvic floor is hurting from all this fighting. >> Okay. Well, you did it to yourself, Evan. >> No, I did it. >> You're fighting yourself. We're not even fighting you. Okay. We're just trying to walk. >> I do it to myself. It's from all that fighting with him. >> Okay. Well, we'll talk. We'll get you medical attention if you need to. We'll take you to the hospital if you need to. Okay. But right now, you're being charged. There's no >> I can't put my shoes on with these cups. >> Does she not have sandals or anything? I don't know. [snorts] >> Can you wait outside for us, please? >> We'll explain to you, too. Okay. But right now, this is what's happening. Okay. >> I don't understand. >> I get >> We understand you and >> we understand that you don't want to, but state law, we have to. >> Yeah. >> You call explain it to you, okay? But right now, we just need to keep the piece as far as this. Okay. Okay. And we'll officer T will come and talk to you when we're done. Okay. He'll explain everything to you. >> Can you put them in the front now? >> Keep walking. We'll get to the car. >> Can you put them in the front now? Please >> stop. A put them in the front now. Please walk to my car. >> Please. I don't want to walk like this. Just put them in the front. >> Hey dog, you want to take or me? >> Okay. >> Okay. Okay. If you listen to me, okay, look. Look at me. >> What? >> If you're going to cooperate further from here, okay, I can put him in the front. Okay. But the minute you start resisting again, I put them in the back and they stay in the back till we go to jail. Cool. Okay. Keep your hands behind your back. Like this. Might just take these right now. >> Yeah. >> They're too tiny. >> Okay. We'll fix them, too. Okay. Okay, that's my big tight. >> That's my big finger in there. Okay, that's enough space. Okay, cuz other than that, you can just take the handcuffs off. Okay, now check this one, too. Do you need a Do you want to leave your ring with mom? You want to take it with you? >> Leave it with mom. >> You want to take it with your mom? >> Yeah. >> Okay. Okay. Do you have anything else on you? I know you have tight leggings on. >> Yeah. >> What do you have in your pockets? >> Nothing. >> Okay. Do you have anything that you want to take with you? You're going to be out tomorrow. Okay. It's a misdemeanor charge. Okay. I understand you're on probation. You have to talk to your PO about it, but this is what you'll be out tomorrow. Okay. You want the air conditioner on? >> Yeah. >> You sent your daughter to jail. You just sent your daughter to jail. >> Oh, yeah. Yeah. >> No, she wanted you to have this. >> You want to talk? >> Yes. >> Yeah. We go outside and talk quickly. >> Look, man. just stay in New Mexico. We don't have a choice when we come to anything where we have people that are have been in on domestic. >> Yeah. So, what what it is, man, is that you guys both basically admitted to doing some stuff, but in reference to everything, we saw her as a primary aggressor because the shirt ripping, the scratch marks that I see on your arm, the fact that she pulled your chains, you ripped her shirt, too. She did have a little mark on her lip, but then she said that she doesn't know if that was happening when you guys were tugging and stuff at each other. Okay. So, just in reference to it, what she stated to officer Dorado showed her as the primary aggressor and we don't have a choice. Like even you being the victim, if you don't want to press charges, that's something that >> I don't want to press charges at all. >> That that's something that the district attorney's office will try to contact you and if you say, "Hey, I don't want to press charges," then I'm going to be honest with you, the case will get dismissed. >> Okay. Okay. All right. >> But at this time, we don't have a choice. Yeah. At this time, we don't have a choice. We have to arrest. Okay. >> So, can we just go and get her? How long is this going to be? >> I mean, for the most part, she'll see the judge. >> Oh my god. >> And then as soon as she sees the judge, he'll release her. Okay. The fact that it's Sunday, she's not >> She's not going to be out until Monday. >> She'll most likely see the judge in the morning when they do arrangements. >> Oh my [ __ ] god, man. And like I said, we don't have a choice because in the state of New Mexico, we have to make an arrest if we have probable cause that a battery occurred in your guys situation. There was multiple batteries. We saw her as the primary aggressor. Okay. >> Mhm. All >> right. But I'm just being straight forward with you. >> Her in jail, though. >> Yeah. No, I understand. And she was pretty upset, too. But like we told her, that's what the information that we have from speaking to everybody on scene and what we see. Okay. >> No. >> And >> can I at least talk to her? >> Not right now, man. This is going to make things worse. >> Oh my god. >> All right. And then, like I said, she'll see the judge. She'll get released on her own. You could contact the DA's office tomorrow as if you want to and you can let them know. But like I said, they always try to contact you to see you if you're going to be cooperating. So, >> but me straight up with you. It's what happens a lot. >> Yeah. >> Okay. >> I I don't want to. Here is where it all comes together. The officer explains that the arrest decision was based on the statements and evidence gathered at the scene, even though the male partner says he does not want her prosecuted. That is an important distinction between making an arrest and deciding whether a case should ultimately proceed in court. The officer also discusses the possibility of dismissal, but that is not a guarantee of the outcome. The final lesson is that an incident can involve conflicting accounts, evidence of actions by both people, and a decision that still has to be evaluated through the legal process. >> Can y'all take me instead? Like, >> no, man. Like, like I said, that's just what Officer Dorado [ __ ] got from her statement. Um, unfortunately, that's where we're at, man. I don't have a choice. I just want to make sure like everything's going to be okay here. you have any issues? >> I don't know why her mom she want to be in in a relationship so damn bad, man. >> Mhm. >> Well, I guess like I said, man, when she called and said that she saw you guys pulling at each other and stuff like that. So, >> and nobody called but her. Like, she wanted to be in our relationship so damn bad. And it's >> Well, I'm going to be honest with you. If you guys are to the point where people are pulling tugging and ripping shirts off and chains and stuff like that and you got physical marks on each other, it's gone too far already. It shouldn't get to that point. >> You can't get to the point where you know that other person's agitated and you're like, "Hey, okay, get away from me. All right, I'm going to get away from them and then just stay away." >> Yeah. >> All right, man. I mean, for the most part, you guys got the kid coming. I'm sure that you guys could work through it. And like I'm telling you, at the end of things, most likely it's going to get dismissed. Feeling what what you're telling me right now. Okay. >> Yeah. >> And I'll notate that in my report that you're saying that you don't want to press charges if you don't want her to go to jail. Okay. Okay. >> All right. >> Anything else? >> No, that's it. >> All right. I appreciate your time. >> Yeah. Thank you.