Oh, what the heck? >> In policing, responding to a disturbance or theft call at a convenience store is very common. It's almost a daily occurrence. However, rarely does it escalate to a point where a person is accused of stealing a beer. The officer gets into a scuffle with the suspect with another officer there. One officer loses their taser and then one officer discharges their firearm into the back of the head of the suspect. This is one of those. Have a great night. >> Black wheel boy George 027. I can already tell you by looking at this officer, the way that he just did this, that he's extraordinarily tactical. I see that he called out the plate of the vehicle location and is if you can look here how he caned his wheel to the side that protects you and gives you a little bit of cover and if your car gets hit from behind textbook process. [music] >> Okay. What's the deal with the people inside >> with a beer in your hand? >> Okay. >> Okay. You see the officer? You hear me say it? He's back a little bit behind. He's not directly inside because we have a third occupant. So, this vehicle is occupied three times, which is something that's very high level even if the report is a misdemeanor. >> So, you went inside with the beer? >> Yeah. >> Okay. Can I can I get your ID real quick so I can go talk to them? Check the video out. >> I don't have my ID. >> What's your name, man? >> Pete. >> Pete. >> Yeah. >> If a person gives their name and the police ask and you say, "Your name is Pete." Most people aren't named Pete. I know there are some, but most people are named Peter. So, that is a red flag for officers. I know people are going to comment going to say, "Well, my name's Pete." I get it. But most people, it's the full name and that's what you give the police. >> You have your driver's license, right? Let me get it real quick. If he's in the wrong, he's in the wrong. That's what I'm trying to figure out. Okay. Don't take off. Obviously, I got your ID. Simple as that. I'll be back. >> One good question that I think could have potentially asked and I think would have been good question here is how do you guys know each other? Especially if the passenger doesn't know his information all that well. How do you guys know each other? And are the stories going to be the same? Did he come in with that or not? Cuz he's claiming he did. >> Did he come in with it or not? >> Okay, give me one second. >> Let me explain something here that's really important and it tells a lot about this officer from a tactical perspective. This is New Mexico in July. It's definitely hot. You will see officers in certain departments that will get inside of their car inside the air conditioning to conduct this business. This officer, for a safety reason, has chosen to endure the heat and stand outside for his own safety because the car can be a death trap if you have three occupants inside that could potentially engage you. >> Did it say Pete or Keith? >> Keith. The case number is 77533. >> The information that he gave does not match. There's an issue and the suspect likely knows it as well. I've dealt with this and I've had this happen many times when you know that the suspect is going to know [music] that you now know. Interesting. >> What's up? Is it possible I can go buy cigarettes? >> Sing tight. Let me talk to them and get things figured out. Okay. >> Where do you have an ID out of, Pete? >> Connecticut. >> Spell your last name again for me, Pete. >> E S E R. >> E S E R. >> Out of Connecticut, right? >> Two things that I'd like to mention that are just theories of mine. You see that the passenger who's accused of stealing beer has the money in his hand, which could be saying, "Listen, hopefully I can just pay for this." And you notice the driver was like, "Can I just go inside and get cigarettes?" Cuz maybe he's like, "This might go south and I don't want to be in the car." Just a theory. Do not know for sure. >> I understand. I thought, man, soon as he gets here, I'm going inside. We'll get this all sorted out. All right. >> Look at the officer walking backwards, maintaining his visual on the car. You hear me say this, why do we turn our backs? There's no reason for us to turn our backs. And if we do, we want to make sure we maintain a visual. He's doing a great job with this as far as walking backwards. >> We got a total of three um shops that run in the front passenger. He's not coming back on file. >> You've seen me say it in my videos. They don't need to look at each other and talk. Look at what the suspect is because it's obviously that now he's given false info. They're formulating a plan. So far, I like what I see. >> I don't have everyone sit up for me, please. >> I don't really want to. >> Okay. I'm not asking you right now. >> No, no, no. Because I know why. >> Because you're not coming back on file, man. Hey, step out of the car. >> I know why. >> Because you're not coming back on file for me. >> What does that mean? You're not coming back. You can't figure out who you are. You can't pick up who I am. >> Because it's not coming back on file. You better come out now, dude. >> Pick my [ __ ] Okay. >> You going to cooperate or what? >> I'm going to cooperate. >> Put your stuff down. Get out. Make sure you stop holding me. He's not touching me. >> I don't want you reaching for anything, man. >> I'm not reaching for anything. >> I'm not reaching for anything. >> Okay. Step out. >> Okay. Turn around. >> I'm not here, >> dude. Stop. Turn around. >> Stay in the car. >> And here is where I have my issue. the decision to go handson as opposed to calling them out of the car one by one. >> Okay. I'm not asking you right now. Step off. >> No, no, no. >> Because you're not coming back on file, man. >> Hey, step out of the car >> because you're not coming back on file for me. >> You're not coming back. >> You can't figure out who you are. >> I want you to take a look at this tattoo of the officer, which looks like a devil face. I just want to let you know as an officer who's been in shootings, every tattoo that you have will be scrutinized [music] and you will likely have to answer questions about the tattoos that you have. >> Hey, you going to cooperate or what? >> Okay, knock your stuff down. >> I don't want you to >> I'm not reaching for anything. >> Okay, step out. I'm not [ __ ] >> I'm not reading anything. Turn around. No, here. >> Look at where the rear suspect is and the person that they're dealing with has not been patted down and he's doing a whole lot of reaching. This is super dangerous. No one's been checked and you have a non-compliant subject. >> Turn around. Turn around. >> Stop it. Stop it. Stop. Stop it. Stop it. Listen. Stop. Stop. Stop it. Stop it. Stop it. FIRE. FIRE. FIRE. GET YOUR ASS UP NOW. GET YOUR HANDS UP. GET YOUR hands up. >> Keep your hands up. >> So, here's where the situation becomes incredibly challenging. Now it's going to felony type car stop interactions with the subjects that are inside the car. But they didn't do anything. The person that you had the issue with is now deceased on the floor. Why didn't we just call them out of the car from the beginning instead of getting into this engagement at the vehicle [music] so you don't get into this fight with a non-compliant subject? >> Driver, STEP OUT WITH YOUR HANDS UP. Open the door from the outside. You've been seeing northbounds up. >> Step back towards us. >> Turn and face us. >> Walk towards us. Your heads up. Walk towards me. Over here. Over here. Keep going. Keep going. >> So now the other officers arrived and now they're doing the felony car stop calling the subjects back to their vehicle. >> BACK LINE. PASSENGER, STEP OUT WITH YOUR HANDS UP. OH, FUNNY. >> Keep walking TOWARDS IT. PICK YOUR HANDS UP. >> Pick your hands up. Walk slowly. >> PUT YOUR HANDS in this IN THE AIR. >> KEEP WALKING. KEEP WALKING. >> KEEP WALKING. >> You're in the air. >> Keep walking. Keep walking. >> Stop. Stop right there. >> Turn around. >> Take note of where the taser is in subject that's on the ground that is deceased. >> Are you good? Yeah. >> Did you Can you hear me a >> little bit? Yeah. >> Did you shoot? >> We can start setting up the inter. >> All right, man. Let's go ahead and go over to my unit. How many shots were fired, bro? >> Just one? Anybody outstanding? >> No, we've got the two that were inside the vehicle. We got passenger out. >> So, here's the situation. So, that's the officer that discharged his firearm. The reason obviously he's saying that he can't hear is because normally you have ear protection on when you discharge a firearm, but when you don't have ear protection, it's very difficult to hear. The other thing is you notice that the other officer asked a few questions of him and he said you don't have to tell me anything. So after the shooting what's done by policy is the police give a public safety statement and they asked the officer involved in the shooting some questions to ensure that there were no errant rounds or no one else is injured so that you don't say anything that you could potentially incriminate yourself or be used in court. They asked for that public safety statement. >> Yeah. >> This right now right now staging area. >> Uh can you face that way for me? >> Going to be setting it up next to the launch. So those photographs are taken after an officer is involved in the shooting to see if there are any injuries to see if there's anything on the officer's body that could be viewed as evidence. And you notice that this officer is really chomping down on his gum. And that could just be a way that he's getting out some of that anxiety or whatever he's going through because that's something personal he has to deal with. But from an optics perspective, what do you think that that's going to look like to someone who wants to [music] try to fry the officer after he just someone in the back of the head? >> Go ahead. Did you guys see what happened? I I I thought I saw everything, man. >> You saw everything? Did you see anything? >> I didn't hear I just saw the guy on the floor like [snorts] on top of the cop. >> So, this is incredibly traumatic for these witnesses. I mean, no one goes to work thinking they're going to witness someone being on the back of the head. From an investigator perspective, you want to get everyone separated, get their statements separate. >> Were you a little bit more composed in your to tell me what you saw? >> Yes, I was. You know, I was watching the officer. I don't know who the officer who was up in that unit is the first one behind this the subject's car. >> Okay. >> And then I was watching him and I told him I looked at my coworker. I said he's backing up. He's something's going on. Something spooked him and that's why we have the people in the back. And so another unit showed up right behind that unit. And they were approaching the subject. The subject started fighting with the two officers. the male sub the black subject took him down just wrestling and I think I don't know if he was trying to go for the other officer's gun or he had him in a choke hold >> the the initial officer >> so the subject was on top of the officer >> yes >> and the other officer I don't know if he was trying to go for the other officer's gun that he had in choke hold or what but he just the other officers pulled out his gun and he just shot him and I was like that's what I saw >> the officer in behind him >> so there was the officer on the ground and then the >> I think it was the officer on the on the ground that was getting wrestled >> and the other officer was trying to help Did you kind of just give us as much you can? Do you tell us as much you saw what? >> I was actually the one who called cuz he came in, tried to buy a pack of cigarettes. I told him I needed to see an ID. He didn't have one. He walked out. I thought that was the end of it. I saw him walk up to the car. He called another guy. The other guy came in. Same thing. I was like, "Sorry, I can't do it. It's a secondhand purchase, right? No issues." He walked out. Little bit a while after another guy comes in and I saw him go around the ramala and then what eventually he came out this way same thing told him 10 secondhand purchase and then after a while I just see both of them walk by so I was like okay that's better for me I don't get in trouble I do >> stop you be I'm not the you talking about >> I do not know exactly what this subject did to get the officer to feel that he was acting in the way that he was acting but the officer has to ask himself and me as a sergeant I would be saying is this necessary and this is really important because all of these factors are going to be taken into consideration as this incident is viewed >> so tell I don't I'm not asking you to get out you need to get out he's still kind of went back holding his arms against his body start grabbed his right arm and tell him to step out. He's asking why and I'm telling him why. You're not coming back on file at all. I'm not getting a return. And he keeps asking why and he's not complying. Officer Arc asked him, "Well, are you going to comply?" He says, "Yeah, I'm going to comply, but he's not he's not doing it." >> Okay. As the officer sits down with investigators to tell his part of the story, there's something that I'd like you to know if you don't already know. Police use of force is governed by the severity of the crime. Was the subject actively resisting? and was the person a threat to officers or others. The other thing is that it must be objectively reasonable. >> So, we're trying to maintain control of the suspect. And like I said, due to his size, it was not possible for us to do his arms up towards the top of the SCB on points where I can reach him. I grab onto his belt at one point to try to maintain some type of control because that was the only thing available to me. So, Officer Arbergast, he uh wraps his arms around the suspect's waist. So, I guess best way to describe it is Officer Argas does basically a suplex where he he falls back with the suspect. Officer Arbergast hits his head on the ground as suspect lands on top of Officer Argas and the suspect kind of rolls up in a bottle from the moment him thrown back. So, all his weight is on top of officer arbergas. So after they fall to the ground, I could see him from where I'm at standing behind on standing behind both of them that he's now looking at officer arbergas duty belt. He first reaches down to the gun side of his belt and he he can't get anything from there. So he keeps as we're trying to fight to control him. He's still looking down in his belt. He sees the taser. I can see out the corner of the eye of his eye how he's looking at he sees the taser handle obviously it's bright yellow so he can see it fairly easy and it's on the opposite side of his gun. So the taser handle is out towards the suspect. So he uh he tries to take it once and he's not able to and then the second time he tries to take it he ends up taking the taser. I say taser once. The taser is usually a crossdraw motion so that an officer doesn't mistakenly go for their firearm from the motion of drawing a firearm like type weapon. And it doesn't have the same retention that a firearm does because firearms nowadays, most officers have what's called triple retention holsters, which requires some degree of manipulation to get it out. And it's very difficult to pull a firearm out with a triple retention holster. >> He tries to take it once and he's not able to. And then the second time he tries to take it, he he ends up taking the taser. I say taser once as it pulls the taser from off our gas pulster and he's holding it up and at that point it wasn't it wasn't a struggle to try to detain him. It was a struggle for officer arbergas life in my violent at that point. So I had to end up taking my duty weapon out. I put it to the back of his head the suspects I was still cognizant of where officer Arbergast was um because I was concerned for his safety. So, I ended up placing it directly to the back of his head, downward, and to the right to avoid shooting officer Arbagas. In the process, I fired one round into the back of his head. Uh, suspect falls on top of Officer Argast. I yell out, "Took your caser." >> So, the New Mexico Attorney General's office ruled that this shooting was not justified. The officer was convicted of voluntary manslaughter. his conviction was overturned and he is now giving a new trial and you can follow that new trial because it's supposed to occur very soon at the time of this recording. Couple of things I'd like to say cuz this is incredibly sensitive. I do not make an assessment of whether a shooting is good or bad by watching segments of body cam videos. I will tell you tactics that I see on the body cam or tactics that could have potentially made this situation avoidable. So, if you like this kind of content, like the video, share it with someone else who may be a crime buff and wants to know about policing.