You're a freak, man. You just choked me. YOU JUST GOD DAMN CHOKED ME. I'M SCARED. >> Creepy guy. >> Help! [screaming] >> Hush. >> Shut up. >> I said I'd go up on me ON FOR MY DAD. Who wouldn't? He attacked me. I wasn't resisting. And then he attacked me LIKE A RABID ANIMAL. >> Put your hands behind your back. You're not leaving. >> Welcome back to the Lackluster Channel. A man named Michael in North Carolina was dealing with a bout of depression after two of his children had [music] taken their own lives. According to Officer Crystal Edwards of the Cherokee Indian Police Department, Michael stated that he had thoughts of self-harm and that it had been an ongoing problem. Officer Edwards took him to the Cherokee Indian Hospital and a magistrate signed an order committing him involuntarily. Michael's son, Travis, showed up at the emergency room to attempt to visit his father. As Travis is speaking with one of the nurses, Officers Josh and Taylor and Sergeant Cody Owl arrive on scene. It's noteworthy to point out that both officers had gloved up prior to activating their body cams [music] and approaching Travis. >> Is he talking to his dad? >> Yeah, I'm on the phone with him right now. The only thing that keeps me alive is my mother and the fact that they're keeping her away is making me hurt. >> I can't give him specifics, but I've told him >> Yeah. >> we have to tell >> Well, the officers just walked in here and uh Yeah. >> We're just going to talk to you. >> Yo, what's up, guys? >> Your dad's in a situation. Um he was at work at the casino. >> Yeah. >> He threatened to his life. >> But he didn't threaten. He just said >> Listen, we got it on camera. >> All right, then you can show the video. >> We can't show you the video we can't magically make the damn thing pop up. >> Well, what I'm saying is if you really didn't say that and say he's going to hurt himself now. >> Hey. >> I just heard him mention that that's the only thing that's keeping him alive. >> That's not saying he's going to hurt himself now. >> He's told us multiple times. He's told us multiple times. >> If >> While we cannot >> he hurts his when his mom dies. His mom's healthy as hell. >> But but Travis, listen. We don't want to be doing this. We don't want to be here. >> Yeah, but really he said if If he said he was, I would totally back y'all 110%. >> That's what we're trying to tell you, Travis. He's >> You're not Say it out loud. He can hear it. >> He's not being straight up with you about what he said. >> No, my dad Dad, are you lying to me? >> I don't lie. >> He doesn't ever lie to me. And let me tell you something. I just handed my old lady $2,000. I'll go up up and beyond to bring him cuz my dad doesn't ever lie to me. >> Travis, put your hands behind your back. You're not going to [ __ ] resist. >> Travis states that he's given his old lady $2,000, likely in reference to paying for his dad to get out of jail. Afterwards, he states he would go up up and beyond. But due to the audio, it's difficult to identify what he finished the sentence with. >> I just handed my old lady $2,000. I'll go up up and beyond to bring him cuz my dad doesn't ever lie to me. >> But what is almost certain is that Travis's statement was not a premeditated plan to attack the police. But despite the innocuous statement, Officer Taylor immediately places Travis under arrest. But instead of allowing Travis to submit to the otherwise unlawful arrest, Officer Taylor rushes him, spins him around, slams his face into the wall, and takes him to the ground. >> No, I'll see how this is. I'll see who the [ __ ] you are. >> Ma'am. >> Thank you. >> Who in the [ __ ] is just wanting me to talk? YOU'RE A GODDAMN BULLY. I NEVER ONCE SAID I WAS GOING TO threaten you or anything. I said I'd go up and beyond for my dad. WHAT THE [ __ ] DUDE? I didn't mean I didn't resist or anything. YOU JUST [ __ ] CHOKED THE [ __ ] OUT OF ME. CALL 911. DUDE, MAN, did you just see that? Like for real, I didn't resist or nothing. He just I said I'd go up up and beyond for my dad. I need to talk to your sergeant. >> I am sergeant. >> Y'all did what? Oh, hell. I gave him $2,000 cuz I care above and beyond FOR MY DAD. I NEVER ONCE THREATENED YOU, DUDE. >> Where are your car keys? >> I need to Hey, I need to [ __ ] I need to talk to your sergeant. >> I am. I'm right here. >> Well, then who's above y'all? CUZ THAT WAS NOT ANYBODY WOULD KNOW I DIDN'T THREATEN Y'ALL. I SAID I'D GO UP UP AND BEYOND FOR MY DAD. WHO WOULDN'T? AND THEN HE ATTACKED ME LIKE A RABID ANIMAL. >> THE SUPREME Court gave us a test for the use of force in Graham v. Connor. To determine whether the amount of force being used was reasonable, an officer must determine how serious the offense is, whether there's an immediate threat to anyone's safety, and whether the person was actively resisting or trying to flee. Here we have a manufactured misdemeanor, but even if Travis did threaten the officer, he had no weapon, was outnumbered in the lobby, and maintained a calm demeanor during the encounter. However, more interestingly to resist an unlawful arrest. Here, Travis pulled against the officers once they went hands-on. But in North Carolina, if the arrest itself is unlawful, a person is allowed to resist it, so long as he doesn't do it in a violent [music] or assaultive way. >> Calm down. >> No, dude. Y'ALL JUST ATTACKED [laughter] ME. I WASN'T RESISTING. >> You're under arrest. >> I get that. I don't give a [ __ ] about the arrest. I don't give a [ __ ] He just choked the [ __ ] out of me. >> Calm down. >> GOD DAMN IT. I FEARED FOR MY GOD DAMN LIFE. YOU DON'T THINK I'M I'M A LIAR? [ __ ] This is getting pretty Oh, man. This is [ __ ] up, dude. And that lady seen it. If she's here to help people, then she would say WHAT REALLY JUST HAPPENED. I GOT ATTACKED and bullied by these I don't know. >> 25 years. >> I need help. I need some other officers to take me to jail because this dude's [ __ ] crazy. This dude's [ __ ] nuts. He attacked me. I wasn't resisting. Look on the video cams on the chest. I hope it's recording. >> You've been hostile this whole time. >> I WASN'T HOSTILE. MY HANDS WERE OPEN. >> YOU'RE LYING RIGHT NOW. >> YOU FREAKED OUT. YOU JUST CHOKED ME. YOU JUST GOD DAMN CHOKED ME. I'M SCARED. >> YOU'VE BEEN HOSTILE THIS WHOLE >> I'M SCARED TO DEATH. JUST CHOKED THE [ __ ] OUT OF ME. AND PUSHED MY FACE IN THE GROUND. HELP! [screaming] >> HUSH. Shut up. >> Dude, you scared THE [ __ ] YOU SCARED ME, DUDE. YOU JUST TRIED TO ATTACK ME LIKE A [ __ ] OW! MY WRIST! >> SAY YOU YOU DIDN'T EVEN HIT YOUR WRIST. STOP BEING DRAMATIC. >> YOU EVER HAD GODDAMN HANDCUFFS ON? >> YEAH. >> DUDE, DID YOU REALIZE YOU JUST TWISTED MY >> STOP BEING DRAMATIC. >> HELP! >> HUSH. >> HELP ME, PLEASE. >> You're going to get ANOTHER CHARGE. >> OFFICERS AND I'll stop. You guys are all nuts. Please, JUST GET DIFFERENT OFFICERS. >> Come on. >> Help me. They just beat ME UP. >> HUSH. >> OW! I DIDN'T DO NOTHING. YOU [ __ ] attacked me like a goddamn crazy dude, mother Ooh! CAROL! GO TO THE JAIL! OW! HE PUSHED OW! [ __ ] PLEASE TELL ME THIS THING'S RECORDING. THIS HUG I OW! >> He's been >> How dare you, crazy dude? You're bullying >> When the wrestler was down, he was trying to bite me. That's when he secured him. >> I never once >> Your dad did. >> God damn, what's wrong with them? >> They're all freaking crazy. >> His dad was trying to bite my arm while he was being handcuffed to the bed. >> The minute we freaking make contact with him, he's been hostile this whole time. >> This guy just walked in with $2,000. He's ready to go both ways. >> I don't want to fight with you. >> No. Let me house him in the >> Turkey. >> He's enrolled. >> Attention for all units. Our unit is going to be out of commission. >> In the end, it's possible that Michael's involuntary detention was lawful, but without the video footage from the encounter at the casino, it's impossible to know for sure. As for Travis, he was arrested for disorderly conduct and resisting arrest, but shortly after the incident, the charges against Travis were dismissed, likely because no reasonable person would take what he said as a threat, which again reveals another glaring double standard. Travis was thrown against the wall, taken to the ground, manhandled, arrested, and taken to jail, even though it was obvious he had not committed a crime. And again, even if he had threatened somebody, the amount of force used against him to affect the arrest was clearly excessive. However, because we know that Travis's actions and words were unworthy of an arrest, the officer's actions against him could clearly be defined under North Carolina law as a misdemeanor assault and battery. But because prosecutors and DAs typically work hand in hand with the police department and are often called the county's top cop, no criminal charges will be filed against the officer, and it'll be up to Travis to sue the officers for unlawful [music] search and seizure, unlawful arrest, and excessive force. And of course, by doing so, because of indemnification and qualified immunity, would only reverse the punishment back to the taxpayer. As always, let me know what you think of this interaction [music] in the comments down below, and I'll see you in the next video. >> [music] [music]