I went like this, and passed. You saying they hit her. It did not hit her. >> She will try to get us in trouble. >> I only threw my water bottle. >> In a soda? >> In a soda? No, I didn't throw it. >> You just said you did. >> A man living in a camper on a residential property in Illinois gets into a fight with his landlord. Officers show up, and David talks first. This call is not about who started the argument. It is about whether it stayed verbal, or whether David did something that changes the call entirely. >> David. What are you doing, man? What's going on with you and Connie? I haven't talked to her yet. >> She wants to take the kick people off this side. >> Yep. >> Because of the fact Can I sit? >> You can absolutely sit down. >> Because of the fact that she's jealous because of the fact that people like me on this side >> Mhm. >> have stuff. >> Yep. >> Okay? She don't have stuff because all the my rent >> Mhm. >> for instance goes on bills. >> Mhm. >> Well, I got about two, three hundred dollars left. She's jealous. >> I have not talked to her yet, no. >> She's jealous >> Mhm. >> because I got this stuff. Okay? >> Yep. >> So, we got into argument about it. >> Yep. >> I just make trying to make a point. >> Yep. >> Then she said she got belligerent, I got belligerent, too. I won't say I didn't. >> Yep. >> I did. And we got into screaming match. She's already blaming me for the [ __ ] out there that I didn't >> Yeah. >> that I didn't do. >> Okay. >> She's blaming me for the damn door. I had enough of it. I'm moving. >> Okay. >> Next week I'm moving. >> Is this where you live? >> Yeah, right now. >> Right now? >> And >> You don't live in the house at all? I don't I don't know where anybody lives anymore. >> That's right. I'm living with you. >> Okay. >> And I'm moving next week. >> Yep. >> Soon as I find a place. >> Okay. >> I'm actually looking when you knocked on the door. >> Yep. >> Uh I'm just going to get away from her. >> Yep. >> So we both have >> Yep. >> I think that's the best thing to do, right? >> More than likely. Yeah. >> The officer is letting David talk because the more he explains, the more he says about what actually got thrown. And that is the part that decides whether this is a report or an arrest. >> So See, we got into an argument. I threw my water bottle and missed her. >> Did you throw it at her? >> I didn't throw it at her. I threw it at the wall. >> Okay. >> It went like this. It passed her. >> Right. >> know what I'm saying? >> Yep. >> She's saying it hit her. It did not hit her. >> Okay. >> Not at all. >> Okay. >> And she just wants to put me in jail. >> Yeah. I would I've talked to her before. >> She wants me to put go in jail cuz she knows next time I go to jail I'll go to prison. >> Not necessarily, but uh So >> But I'm moving next week. >> I understand. >> And and after that, she won't have to deal with me no more. >> Right. >> All I ask her is that she don't contact me. >> Curry, I do have contact with height your address and stuff. >> All I ask her is that when I move, she don't talk contact me no more. >> Yeah. >> And I won't contact her. >> Right. >> But I am moving next week. >> Nothing else happened? You guys didn't get hit nothing else? No other pushing or shoving or nothing? >> No. >> No, you just threw the water bottle? >> Passed her. Hit the wall. Fell on the wall. >> But you threw it and it was very close to her head. >> It was about this far. >> Okay. Well, why did you throw it anywhere in her direction if you didn't mean to hit her? >> I wasn't trying to hit her. I was trying to scare her. >> I understand. I I I understand what you're saying. Uh but I mean >> I know it was wrong. >> It's not a good judgment choice to throw something something at somebody even though you're Luckily you didn't hit her. But you threw it at her. So All right. I haven't talked to her so we're seeing what she says, but you know you could have thrown it 350° any other direction and not towards her. >> Right. >> So we'll see what's going on there. >> Intent is what the officer is listening for. Throwing something to scare her is not the same as throwing it and missing. David thinks he is helping himself. He is narrowing the gap between an argument and a charge. >> If that's the same story, we'll figure out what's happening. How long you been living here? >> Um since the fall. >> Since Since all that closed down stuff? >> Yeah. >> You living out here in in this? Okay. All right. >> You can tell you can tell where I'm moving. >> I We will. Uh >> I'm done with their crap. >> Okay. All right. You want to hang out with him for a minute? I'll go see what she's got going on. Nobody else in there with you? >> No. >> Just you? Okay. Who's Rose? >> Rose Smith. She'll see if you if you go in. >> You have Do you live in here with you or in there? >> live here. >> That's right. Okay. I thought Okay. Yes. That's all I'm asking. Hello. He wanted to ask if you could uh He'll probably be out here soon, but uh if you could take care of his cat if he doesn't make it back. It's up to you. I just had to ask. So, but he will um since there's no bond and or no bail >> Uh the landlord's in there. She wants to listen what you have to say. >> I'll talk to her real quick. Connie, you up here? All right. >> He was throwing it all around. Yep. All right, well he's getting charged with battery and then assault for throwing the stuff. But there's no bail, so he'll be let out as soon as he gets down there. >> Oh my gosh, he'll be let out? >> there's no bail. It's not a holdable offense in Illinois anymore. >> Now, it's what now? >> It's not a a detainable offense, so they can't keep him in jail for battery anymore. >> [snorts] >> Oh my gosh. >> So >> He can't come back It's still he can't >> Connie hears no bail [music] and thinks that is the problem. It is not. Even after the arrest, David has a legal right to be on that property. Nothing the officer does tonight changes that. >> He can't come back here cuz he lives there. >> So he can't come back >> He can come back here, but he can't on the um sheets since you're a the victim of the crime, he can't have contact with you. So he can't come here or intimidate you. >> here to get a water. >> Well, >> [music] >> I can't You'll have [snorts] to figure that out. So, put water out there with him or he's not getting water cuz he can't have any contact with him. >> actually come back. >> Yeah, he lives there. That's where you've allowed him to live for since the fall. >> Uh not since the fall. How long has it been? >> Okay, more than a day? >> Yeah. >> So yes, he lives there now. So, he lives there until you have >> to run an eviction on him. >> an eviction on him. >> he's going to come back over here and start again. >> Well, if he does it call back then he'll be go then he'll be able to stay for violating uh for violating his bail bond conditions. So those are all good. >> He will. He'll try to get us in trouble. >> Okay. Well, don't don't have any contact with him. If he when he gets out of jail, if he comes back here he has bond conditions that he's not to intimidate a witness or talk to anybody. And if he violates those bond conditions, then >> How do I get him out of here though in an >> You have to have a victim or you can apply for an order uh stalking no contact order, which is not really >> OP. >> Well, it's not an OP because you're not in a relationship and you're not >> Right. So, what's it called? See, I don't know. >> It's the same It's a stalking no contact. It's just for people who It's the same as no people who aren't related or aren't partners. >> The officer treats the relationship question as settled, but in Illinois, people who share a dwelling can also count as household members, which can change whether a battery is charged as domestic. >> then? What happens? >> Then yeah, whatever you request from the judge. So, if the judge grants you that he has to leave, then he has to leave. If the judge says he can't he can live there, but he can't talk to you. I don't know, whatever. >> be a mess? >> I can't Whatever the judge grants, the judge grants. You can ask for whatever you want. You can ask for the world and see what happens. You know, so that's what it is. But he >> Right. >> But he will be let out of the jail after he's processed. Yep. Cuz we can't hold him in Illinois with the new with the >> When did that all start? >> Uh last or 2 years ago. >> [snorts] >> Whenever they passed the Safety Act, all that. Hey, >> Yeah, so I'll never know anything >> Safety Act. >> to get him right back out of jail. >> Yeah, when there's no when it's not felonies we can hold and domestic batteries we can hold. It's not domestic batteries cuz you guys aren't in a relationship. You don't live together. >> relationship for not even >> So then that's that's a battery, which is a misdemeanor. So, that's where we're at the moment, okay? >> Wow. >> Any questions, let me know. >> Because David pays rent, he is not a trespasser the officer can just remove. The arrest handles the crime. It does nothing about who has a right to be on that land. >> I'm going to have to stay there. >> Yeah, don't go down there, but uh >> Oh, she won't even have to stay She can't stay in the basement. >> Yeah, but I'll let him know. But I will explain to him when I get down there also that he's not to He's got to figure out water or something else or do something different cuz uh he can't have any contact with you. Per that. Just with you. >> Or her. >> She's not >> They threatened her, too. >> But she's not She's not on the charge sheet. >> You should have told him that he threatened you, too. >> Well, I You can tell me what he said, but I I know. We We've dealt with this many times. >> I know. And I And don't think I'm waiting >> No, I can't No, we he's just That's I can't do any more than the law says. Like if we could hold him in jail we would like we used to, but that's not how we not how we can do it anymore For everything, so um just make sure that you stay away from him and then he'll be listed that he can't If there's an address, I'll put that he can't come to the house, but I'm pretty sure it's just for a person, so um I'll let him know that you're not going to be over there doing anything for him. >> either. >> Yeah. Well, >> There's one little spot right over there. >> He live He lives there, so he has to That's where he can be. >> Mhm. Right in that spot, that's all. >> If you want him >> my old yard trimmer or nothing. >> All right. Okay, so I can have him trespassed I mean, if you want him to stay off the residence, I can have him Well, does he pay Does he pay you >> Yes. >> to live there? >> Yes. >> So, you >> And he paid this month's rent. I let some go quite a bit. >> Right, but it But it So, in that in that agreement then he would have access to Is there a hose outside or something like that? Cuz you probably have to provide access to stuff. >> It's not working right now. He can come over here to get water, but no, I'm not doing it. >> Right. >> go buy his water. >> Okay. >> You know, >> [snorts] >> Billy, you should anyway. >> Right. Well, that's stuff you got to figure out with your That's between you and him civilly, so um But yeah, especially if he's paying rent, you definitely have to have him You'll have to have him evicted >> Okay. >> from there. But he said he's finding another place, but you know how that goes, so. >> Oh, he did? >> That's what he said, but so All right, I'll let him know. >> Thank you. >> The officer now has what he needs. David does not know that yet. >> Johnny and And if you punched Johnny in the shoulder, what happened with that? >> I did not punch him in the shoulder. >> Okay. >> did was I threw a water bottle as I was throwing him. >> Yeah. They said that, too. And a And a soda can. >> And went Yeah, and went past. >> Yeah. >> Both times. >> So, I got her and the witness saying that you punched her. You threw two at her? >> I only threw my water bottle. >> And a soda? >> And a soda? >> No, I didn't throw >> You just said you did. Well, there's a soda on the ground and they said you threw a soda, also. >> Well, >> Sounds like you're trying to get her. >> Well, I don't remember. >> All right. Well, be battery and assault. So, you're going to >> Right. I'm going to jail. >> You're going to jail. >> Going to jail. >> Not just cuz kind cuz there's other people, too. So, not just her word against yours. >> [ __ ] >> I mean, assault would have been enough. Can't throw [ __ ] at people. And >> I'm not supposed to take her crap. >> All If you're Yes. >> Well, it sounds like you >> All you got to take all the mouth. >> Find somewhere else to live. >> You know what I mean? He Yeah, we talked about that, but if if she's yelling at you, you can't throw [ __ ] and hit her. You got to take it. If you yell at me, am I supposed to just be able to pop you in the mouth? >> No. >> Exactly. >> Hey David, you got this key right here. Why don't you just come out here? >> Yeah, you could have left and just walked into here when she said You don't You don't have to take her [ __ ] You can leave. [music] >> Right. >> You know what I mean? So, poor decisions today and You can go get a hot meal and it might not be hot, but you're going to get a meal. >> What about my cat? My cat's inside. >> Well, how Okay. How would She nice enough to take care of your cat? Are you okay with her taking care of your cat? >> Not really, but it really is the only option I have. I don't know. >> You don't want me sitting in a mobile patrol out here. >> No. >> So, watch your cat. We can go that route. >> Are they going to eat it till I take you to jail? >> Go and stand up. >> This is [ __ ] [ __ ] >> I know. Stand up. >> You got anything on you? >> No. >> Just step forward a little bit. I don't want to hit you. >> I swear when I get out, I'm going to make sure everybody knows what kind of [ __ ] scum she is. >> Well, >> I think he's already told >> aware of that, David. >> I don't even think you got to tell anybody. >> But, if you want to tell somebody, you can, but I think ever since all the other crap we've dealt with over the years, you guys know to stay away from her cuz all she wants to do is take your money. What are these keys to? >> To my mailbox. >> To your mail Where's your mailbox at? >> Uptown. A- A- Okay. P.O. Box is good. Do you have anything in your pockets? >> Nope. >> Yeah. I don't know who her grandson How many shirts do you have? Not three. >> Yeah. >> Just two pair of pants? >> One pair of wild sweats. >> Sweats? All right. Okay. We'll walk you over to I don't know where he parked. What's up? I was I went around a few spots and I sat there just seeing if he would run over here. And then I pulled up and I'm like, I don't know if he lives there. Then I like then I made contact with him first. >> The charges stated on camera are battery and assault. We could not confirm his full name, the department, the date, or the court outcome. Should officers have more power to keep someone away from a property after a call like this, or was this handled the only way it could be handled that night? Drop your thoughts below and subscribe for more breakdowns like this.