What's your name, dude? I'm not giving you my name. I'm s working out. Okay, if that's all it is, I just let me go. That's not I need to know your name. Give me my name. I don't have to give you my name. What's the guy your ass name? Darren Smith. What was he wearing just now? He have a hat on. He didn't have a hat on. What about facial hair? Is this the guy? No. No, it's not the guy. All this dude had to do was give us his info. It would have been massive. Okay, sir. You have your ID, too? Look, I'm a lawyer, man. I don't have to cooperate whatsoever with you. If you want to take me in, please do. I'd love to file a lawsuit against you guys. Welcome back to the Lackluster Channel. Today's story comes from the San Antonio Police Department. On August 25th, 2020, Matias Otu was stopped by San Antonio Police officers while he was jogging during a search for family violent suspect Darren Smith Jr. The victim described her ex-husband to the officers as a black male wearing a green shirt, gray shorts, medium build with a scruffy beard. Mr. Otu happened to be jogging in the area with a green shirt and shorts on, but the beard created a conflict with the description. When officers asked the victim if her ex-husband Darren had a beard, she said kind of. Clarifying that he had a little scruff on his chin. Based on the response, the officer tells dispatch that the suspect is a black man with a full black beard. The officers had seen Ometu jogging prior to talking with the victim and quickly detained him. What he What's he wearing? Does he have a beard? Does he have a beard? What does he look like? Black male. Yeah. Okay. Young green t-shirt. Full black beard. Hey, what's your name, brother? You kind of match your suspect in the description of what I'm looking for. What's your name? Just come here. We're trying to figure this out, man. I'm working out. Are you serious? You what? I'm working out. I'm doing a run, dude. I just got a call for a family violence. What's your name, dude? I'm not giving you my name. I'm just here working out. Okay, if that's all it is, I just not I need to know your name. Give me my name. I don't have to give you my name. Okay. Why you acting like this, man? Because I'm working out and you're bothering me. I'm being bothered all Because you match the description of somebody that just killed you. I don't care what description. I just want to do my damn run. All I need to know is your name. That's it. Damn, dude. Give me a do a damn run. I don't have any information to get to you. I want to run. What's your name then? You're not getting that information. Okay. Well, then you're going to be detained right now. Okay. Okay. For what? For being a suspect in violence until I figure out who you are. The officers asked Matias for his identification, but he refused. Texas Penal Code 38.02 2 covers failure to identify and states that a person commits an offense if he intentionally refuses to give his name, resident's address, or date of birth to a police officer who has lawfully arrested the person and requested the information. In most states, a legal detention requires one to identify themselves to law enforcement, but this code does not require identifying oneself during a detention. 382 goes on to say that intentionally giving a false name, address, or date of birth to a peace officer when lawfully detained is also grounds for a violation. When Mr. Otu was asked for ID, he was not lawfully arrested, nor did he provide false information and could not be charged with either. I'm going to put you in the back of my car, okay? Cuz you want to act like that. No, I'm going to be right here. No, you're not. You're going to back my car right here. I didn't do anything. I want to sit lay right there in the grass. That's all I want to do. I have the right to my car. I don't want to go in the car. Well, too bad. You're going to go in the car. You want to be acting like this. I'm not acting anyway. All I need to know is your name. I didn't know that to you. I'm just I don't give any information. Okay. You're going to sit in the car. Okay. Until we get this all figured out. Okay. Because you don't want to act like No, don't don't tell me anything that I'm doing wrong. I'm not doing anything that I'm doing wrong. All I need to know was your name. So, did I break a rule? I need Do you know that I did Did you see me do anything? Match the description. Did you see me do anything? I just talked to my complainer who said that she was assaulted. Okay, go go go get her. Go get her and bring her here then. I'm not going anywhere. Right here. I don't want to sit inside. Just sit inside. I want to sit right here. I want to be wherever you got me at. I didn't go anywhere. I didn't do anything. All you got to do is tell me your name. All you got to do is tell me your name. Talk to me. Talk to your superior. Whoever you talking to, man. All you got to do is tell me your name. Talk to your superior. You don't have any kind of ID or anything on you. Don't touch me, bro. No. sent to a search. You're not searching you. I'm just You're judging me at all. You're not fixing me. You're touching my shorts and going to my Why are you acting like this, man? All I know is your name. Why do you think? Because I just got a fan call and my victim said that you match the suspect description. So, describe his face again. Okay. Can you describe his shirt again? What color? Mine green as so not like a neon green. I mean, was it bright? You think boss is on the way to come pick you up and then we'll talk. Okay. You're not under arrest. You just need detain right now. All I need to know is your info and that was it and we'll get you out of here. But since you want to play like this, it's just going to be a long run, man. Where do you live at? No. Not going to answer me. Hey man. Yeah, just pick her up and just drive over here. Just have her in the back with the tent just to see if she can identify this guy. There's actually this uh parking lot right next to us. He's just not giving us any information. What's up, man? Yeah, that's fine. Um uh she has her kids here, dude. She can't leave with me. How many kids does she have? How many kids do you have, ma'am? She How old are they? They're five and one. Oh my god. Um you have to bring them over here, man. The guy won't get in the car. He's not giving me anything. What does he look like, man? 510, black, medium build. What does his hair look like? It's short hair. Does he have any facial hair? It's just a little bit of scruff on his chin. That's it. And what kind of shirt was he wearing? Green shirt. Okay. And what kind of pants did he have? Black basketball shorts. Does any of that match there? Dude, everything matches except for the basketball shorts. They're white with a black stripe and then he's got like a pretty good size beard, but everything else matches. How big of a beard does he have? It's real short. All right. It sounds like he has to ID him now. If he's not giving me ID, then it's fill your ID. She can't just hold the baby in the back seat and with the 5-year-old and then y'all just drive over here and drive back. Okay. Now, we're going to bring him over there. All right, here's what's going to happen. We're going to go drive to the apartment. We're going to see if she IDs her. Nope. This is not how this works. It's not going anywhere. You're legally detaining me. I am leaving. Yeah. So, I'm staying right here then? No. If I'm being detained, I'm staying right here. You want to be released today or not? I'm going to be released. Okay. Well, I just need I'm going to stay right here. I just need ID right here. I just need to get your spot. I'm not going anywhere. Yes, you are. So, I don't want to have to do this. You all we had to do drive over there. All you had to do was leave me the alone. Why you say that? Cuz you match the description of something. Yeah, I'm sure I do. You want to look at my key card? Yeah, I'm sure I match the description. Okay. Well, you're going to get in the car. Come on. Well, I'm not sure. I'm not getting in the car. I didn't do anything. I'm not. Following this struggle to get Ometu into the car, which led to the charges officers filed against him. Officers were finally able to get the victim to the scene to identify whether Ometu was the man she accused of injuring her. She repeatedly told them that Ometu was not her ex-husband, but the officers still continued to wonder if he was. Finally, a mug shot of a previous arrest for the suspect was made available to the officers. Even though Mr. Ometo looks nothing like the suspect, they made comparisons with the men's noses and still held Matias. Are y'all busy? Yes. Can y'all go to uh he kicked me in the face? The victim apartment. The reason why Taber couldn't bring her over here, I need this guy cuz he won't ID him. So, but she has her 5-year-old and her one-year-old. If y'all could just go over there and like hold the kid or something like that. I'm Is that him? That's not him. Okay. Not at all. Like even the face. Nothing like that cuz I know he just saw you. That wasn't what he's wearing when he left. at that. Okay. All right. All right. That's for sure 100% on her. All do is give us his name, his date of birth. Is he not the suspect? He is not the suspect. He is not the suspect. All we need to do is give us his name and his date of birth. Just so we transport or do we need to get a wagon, dude? I don't know, man. We already got him in here. It's just we can't buckle them in. But we still don't have him identified. We don't know who he is. That's just like it's Oh god, it's so frustrating. All he had to do is give us Did he try to take off on you guys? No. No, he never tried to run from you guys. Okay. So, he never tried to run even when he was handcuffed. He never tried to escape or anything. Okay. He just didn't want to go in the car. So, he just didn't want to go in the car. Yeah. The officer also made conflicting statements about his size and temperament. One claiming he was immediately aggressive and the other claiming he was chill. So So he was just too super aggressive at the very beginning. Just like why you detaining me like I'm just trying to run. He was chill for the most like until like you're getting in the car. No, I want to stay here. Okay. They also claimed he was a big dude even though the description was of a medium build man. Black medium build. Big dude man. Hey big dude. As the scene settled down, CSI arrived on scene and the officers gave their full account of the incident. The officers then tried calling the suspect's phone to see if Mr. Otu's phone would ring. When it didn't, they considered the possibility of him having more than one phone. All right, we'll get it figured out. I was going to see if he can get this dude's phone number and call him and see if his phone rings. He's over there poker, right? Yeah, that's what I would do. Can actually Can you go get his phone out of his pocket? Yeah, I think it's sitting there cuz I have a feel just doesn't want to cooperate with anything. So, this guy might actually I'm not a bent man, but I would say that's probably him. Actually, yeah, just sit in the car with him, please. Just in case. We just want to make sure nothing happens. Thanks. So, it didn't bring on that phone. So, still don't know what's going on and everything like that. Was that even the phone number or whatever? We don't know. That's right. The number she gave us. Even if he even has more than one phone. Yeah. Yeah. That one could just be disconnected and not have service. That's why maybe like airplane mode or whatever. One of the They don't pay for service. All that works. This is too much of a coincidence for this not to be the guy. It is just the only thing that threw me off was the beard. If you look at his nostrils, I mean, it's kind of the same. The officers even got a picture of the suspect off body cam footage from earlier that showed that the suspect was wearing sandals and long black shorts, confirming that Mr. Otto was wearing running shoes and gray shorts with a black stripe. They still held him. We saw the picture. Okay. So, the guy, the suspect has sandals on. Does this guy have sandals? Uh, he had uh what what video are you talking about? Um, an office. No. uh when he uh first made the scene, he got the suspect sitting on the stairs right in front of the apartment. I forget. Yeah, he's got a picture. I forget his name. The tall guy. Tall guy. Yeah. Yeah. He's got on his body cam. So, he downloaded it right now because he figured when we looked at the SID number like that's not the guy. And he looked at his body cam. He said, "I was talking to him and when he the guy gave him the directions to another apartment and when he came back, our suspect was gone." And he downloaded the his camera and you could see the SID number, the picture on the SID number looks exactly like the guy that he was talking to on the stairs and he says it's not this guy. It is a whole different Where did the other guy go? Well, that's what I was looking for. But I want to tell y'all off because he might still be in the air. He was only in sandals. What was he wearing? Uh, he had long black shorts to about his knees, sandals with no socks, and a green shirt. Is this the guy? No. No, it's not the guy. All this dude had to do was give us matching. Um, so it's not the guy. It's not the same guy. Uh, so I guess we'll go ahead and just do that two separate case numbers and then just do the related case number. Okay. The officers went into a local law office as their employees were seen videotaping the incident and the encounter could be the best part of this video. We are cops and we're here to investigate a crime that you guys witnessed. You guys witness a criminal right there. Okay. So that's what they're investigating. So I need to get your guys' identifying information so our detective can follow up with it. you guys because I don't like the way he handled that gentleman minding his business jogging even if he didn't fit a description. That's the norm that you guys use. I didn't like what he did. So, I'm already telling I'm already going to be a witness against this gentleman. I already sent this to all the news stations. The mayor knows about it. Okay? Just so you know. Okay, sir. You have your Look, I'm a lawyer, man. I don't have to cooperate whatsoever with you. If you want to take me in, please do. I'd love to file a lawsuit against you guys. I know you guys have a tough job. I get that. But when you escalate things, not appropriate, especially in this day and age. Okay, sir. That's fine. Okay, you're entitled to your opinion. That's fine. I'm not going to ask you about any of that. I just need y'all's identifying information so that it can go on report. That's all public record. That's how we're going to do it. Okay, you got it. All right. So, we are recording this live. I don't trust the cops whatsoever. Sorry. That's just my opinion. I'm not going to provide you any information, sir. Okay. Ma'am, what's your name? Do not cooperate. I'm a lawyer. Ma'am, what's your name? And I understand you have video of what happened earlier, sir. Yep. Posted live on Facebook. What's the Facebook account posted on? I'm not providing you any information. Can we get the phone number for internal affairs, please? I don't know that phone number, sir. I'm sure if you look it up online, it should be pretty easy to access. Omeu was charged with two felony counts of assault on a police officer, and he was transported to the Beexar County Jail. He was released 2 days later on a $20,000 bond. Within minutes of the public release of body cam footage from MTU's arrest, charges were dropped against him. Regarding the dropped charges, Beexar County District Attorney Joe Gonzalez stated, "It is important to note the officers involved in this case have requested dismissal as well, and that in this case, the officers did have a description that led them to believe that Mr. Ometu may have been the suspect they were seeking. However, Mr. Otto was not that person and did not have an obligation to identify himself or make a statement." the concern that any officer could detain, ID, handcuff, and transport any citizen based on a slim description or even hearsay. Allowing the state to apprehend an innocent person based off a description seems like a violation of the Fourth Amendment. At the time of this video's publication, no updates have been made on whether or not Mr. Otu will pursue civil damages. I certainly hope he does so that this incident is debated in higher courts and hopefully someday we will have a more defined way of handling incidents like this one. If there is a future update, I will create a follow-up video, community post, or link in the comments. Thank you for watching. If you have a video you'd like me to review, email me, submit it on my website, or through Facebook Messenger. All links are down below. That concludes our video for today. Please subscribe and turn on all notifications so you never miss a video. If you're old here, like, share, comment down below what you think of this interaction and consider a channel membership or merch to further support the channel. If you have an incident you'd like us to review, link it down below or contact us through the social media platforms linked in the description. [Music] Hey, [Music] hey, [Music]