Officers tracked down the suspect after an Instacart worker reported that a man and woman tried to enter without membership cards and claimed they worked for Instacart. When confronted, the woman threw the employee to the ground and punched her. >> Hey, Ara. What's going on? >> So, I was doing Instacart and I showed the girl multiple times at the front when she asked for a hard like at Sam's you get hard uh membership cards. I showed her multiple times on my phone, I'm doing Instacart, I'm doing Instacart. She was rude. So, I just started to walk away from her. >> Mhm. >> So, she decided to follow in and then came back into my face, chest bump me three times, like in my face before anything even occurred. >> Okay. So, >> all right. Um, I'm going come over to my car and we're going to I'll get your statement from there. Okay. Can I grab a cigarette really quick? Or can I have my mom run and grab me a cigarette really quick? >> Uh, yeah. Can you grab her a cigarette? >> Can you grab my I think they're upstairs in my room. My new boyfriend. >> Your living room or your bedroom? >> My bedroom. >> So, you guys like doing an investigation right now from the situation? >> Were you involved in it at all? Uh, I I was there. >> Uhhuh. >> And I tried to calm the situation down, but uh I'm sure you guys heard. >> Did you get an ID on you? >> Yes. >> Your name is Emanuel, right? >> Yes. >> Okay. And >> my ID is actually >> Do you mind grabbing that? >> Yeah. Okay. So, we got the right information. >> Huh. >> All right. Just making sure that was you. Okay. >> Why'd you leave afterwards? You didn't call the police after you got into a fight. >> Um cuz I didn't want nothing to do with it. I was over it and was just done. I didn't think nothing about calling. I just wanted to be out of there and done with it. >> Right on. >> And continue working. Like that's what I was doing. I was trying to work. Got stopped. She approached me. It was rudely. So I tried to walk away from the situation originally before she followed in there. Okay. >> And then you come with me. Okay. So just just explain a little bit more about what happened like like the fight wise like after she got in your face and how do how do we like who threw the first punch? >> Literally what happened was she was rude on the beginning. She wanted to see the hard card. >> Right on. >> I showed her my phone multiple times that like I was working on this cart shows like >> it tells you like you're doing an order for that specific store and shows you. So literally she just kept being rude, kept being rude. So I tried to walk away got a cart and just walked in. So she came running her mouth behind me, walked past, said, something came back instantly in my face. >> So the moment she was in my face, I'm like, "All right, whatever, whatever." So she chestbot me like two times like in my face, like up against me, walked into me. So then I literally at that point I felt threatened. He tried to separate the situation like, "Hey, just stop. You two like >> you know, and she literally talked back like she was doing a swing." At that point, I felt threatened. I don't know. After she chest bumped me, I did swing, >> right? >> I'm not going to lie to you though. I felt threatened. He came at me multiple times in my face, chestnut me twice while standing in my face. >> Uh-huh. Okay. Um, then you guys just Who separated you guys? The employees or your boyfriend? >> It literally it was I don't know if he worked there. >> There was a little guy in a green shirt. >> I don't know if he worked there. There was like another older man, another lady. Like it all just happened so quick and then it was just done. >> Okay. So, I honestly couldn't tell you like who it was, whether it was a employee. I know one was an employee, but I don't know if the other ones were just employees or if they were people shopping. >> Okay. And then you just got in your car and left. >> Okay. >> Yes. And just continued working. >> Okay. >> Uh you're not hurt or anything? >> No. >> You're not injured anywhere? >> No. >> Okay. Was your boyfriend involved in the fight at all? >> No, he was there like people like pushed him back out the way cuz all he did was try like you two stop like deescalate situation wasn't like aggressive or nothing but she literally just kept going and going going. There was just no stopping him and that's what me and her just ended up fighting. >> Okay. >> Like he just tried to hey stop like it's not what we're about to do. I was trying to work and like showed her multiple times on my phone. Like literally had the screen pulled up, showed her on my phone multiple times what I was doing. >> Okay. So, he's the officer who's going to take Can you put your uh cigarette out for me? He's not a big candidate. So, um you come over here for me. >> Yeah. >> So, right now we are placing under arrest. Okay. >> Okay. So, why are you under arrested? Because your story is not true, ma'am. >> The CCTV shows the suspect entering the club and having an argument with the employee. An independent witness told officers the suspect started the fight and assaulted the victim. The CCTV footage then shows the suspect leaving the store. >> How is my story not true when I literally was attacked, >> ma'am? Okay. >> Like, how is my story not true when I literally was attacked? >> Why are you taking For what? >> Assault for what the call. >> We got a video. >> We do. We watched it. >> That's not what she was. What she explained didn't happen. What she what she told you guys didn't happen. >> She didn't get chest bumped or anything like that. >> She did it. >> Uhhuh. >> I Excuse me. >> It's on video. >> He was standing there. >> It's on video. >> I I suing you guys and Sam's Club. >> How long is she going to be there? No, she's just getting a charge and she gets released. >> So you guys can pick her up in like an hour. >> Hold on. >> Pick her up from where? >> They're just told me when I asked you. >> I got a question. >> Asking her and you told me no. >> So she can come here. >> Okay. So that's deception. Like I mean why would you even do that? >> Cuz that's how I get my job done. Right. >> I still would have had her come home. That would >> you you told me that if I told you she was under arrest, you're going to tell her she's not going to come home. >> I'm allowed to defend myself. Correct. >> Okay. So then what we saw? >> No. Correct. >> I'm not going to answer that question because >> because you don't know your you don't know your law incident. >> You don't know your law. I'm talking about the specific case that we had. >> So everything was on video. >> Okay. >> All right. And and based off the video, this is why we're making this decision. Based off witness statements, the video and what was said and witnessed by employees and other people that were present. That's why we're making this arrest. >> All right. >> See, you don't have to fight us. You don't have to fight us about this. We make decision. It's a court. Okay. You know what I mean? Because if she was going on about her business and this other woman came up to her and was physically Yes. the employee came up to her and was chest to chest with her, physically touching her. Does she not have the right to at least at that point feel like that is aggravated, menacing, and have the right to defend herself? >> I don't know what that is. >> I know what aggravated menacing is. >> Well, you guys better learn it. >> Well, no, you don't have the right to just hit somebody. If someone got in your face and it was continuous, it's if you're saying that she got chest bun once, then it's walking out the door. There's a whole bunch of people there and it's like leave me alone and you you walk out, you leave. Not >> and I you saying that you try to stop it and then she she even told me that afterwards it's like oh well I got to hit her. That's to be honest with you that's like high school middle school mentality like oh if you get pushed or anything you got to fight back and if say shoot it it wasn't even equal enough where it was just like you got to get disqual you both get like citation >> but >> I'll get you out somebody came up to you and physically threatened you and you felt threatened >> wouldn't you have the right to defend yourself if somebody was touching you sir >> it it it's it's all depending on the situation So if somebody walks past you >> and is distraught and angry, >> then walks back into your face and is chest bumping you, >> you turn around and you leave. >> So there you have by the law, you have to have an escape. >> You have to be able to if you do if you don't have an escape, it's a different story. Like say the employee backed her into a corner and she felt she had nowhere to go and the only way out was to hit her. She wasn't backed into if you're saying what you're saying. She wasn't back into a corner. She had an escape. She was able to leave, >> but she was all You're allowed to stand your ground also, >> correct? >> You're not allowed to stand your ground. >> You have to be able to leave. >> So, is there a stand your ground law in Ohio? >> The employee can ask if the employee got on your face and said, "You need to leave my store right now." Like, I'm just saying if she did, there is no standing your ground. It's private property. >> You can't You're not allowed to physically threaten someone and physically touch them. And she is allowed to >> Well, that's that's the law. Then you have to have law. >> It is the law. >> Don't tell me it's the law. Tell me the actual code. >> No, it is in every >> There's no specific call. >> Can I get a supervisor? >> We're in a supervisor. >> I I'm requesting a supervisor, sir. >> No, it's not the law to request. >> Yes, it is. >> It is. What law is it since you know it? >> Okay, I will Google it and let you know. >> Let me know the RC code for the reason I have to bring a supervisor out here. >> If I request one, you're you're obligated. >> I don't. >> You got to bring a supervisor. >> He says by law we have to bring a supervisor. I don't feel correct in this situation. There's no way that somebody can physically come up to you, physically touch you. >> Well, we're not we're not we have to go based on the situation, ma'am. >> And she gets a charge, she goes to court. I mean, she is she's under arrest and she's getting a charge. She is not convicted. She's not Yes, this did happen. Like people like say murder, right? It's like just because you were you said that someone said you did it and you go to trial and they're like you did not do that. That is not something you did. There's no evidence to prove that >> there. I'm just saying you're you're wrong, man. There's She's allowed to defend herself. Is she standing? >> Yes, you are allowed to defend yourself, but you need to have an escape. If you don't have an escape, then you can't. >> So, if I hypothetically speaking come up to you right now and chest bump you, >> I am a police officer, so I I don't count. Say I'm not a All right. If I'm not a police officer, sure. Go ahead. >> All right. Yeah. If you're if you're not a police officer, I came up and chess mumped you and was threatening you. Would you have the right to defend yourself? >> I would. I have a right to defend myself. Yes. But I need to be able. >> So, shouldn't he she have a right to >> I I still need if I'm backed into a corner, I >> But you didn't say that. You said you had a right to defend yourself. >> Yes. Everybody has a right to defend themselves. >> That's what she did. >> The defenses to leave. >> But you're also allowed to physically defend yourself if somebody is physically threatening you. >> If she got say if she got chest bumped, it's like it's like levels of criteria, right? Right? She chest bumped her. >> Levels of criteria for like force. So there's like verbal, you can't beat somebody up because they're yelling at you. Say you got chest bumped. Okay. We would have no problem if your your girlfriend was like, "Get out of my face." And pushed her. Different story. We would have came out here >> chest bumped and then getting punched and then punched in the face. No, those don't meet the cr just >> physical threat and physical touch is not criteria to defend yourself. >> It's not criteria to hurt someone. Yes. Do you have her phone? >> Yeah. Let me get you. >> It's about an hour. >> I I do care. I have company from out of town. I have a grand >> I was attacked. I'm the one that's I have a lawsuit for everybody. >> That's what attorneys are for. >> Um so 45 minutes to an hour. >> I think that's ridiculous because I specifically asked him not only was attacked by somebody. >> I said, "Are you here to arrest her?" He told me going to jail. So, >> to be fair, if we said yes, then she would never come here and then we wouldn't be able to to activate our law. >> This is why people don't trust the police. >> It would it would become a warrant at that point. >> This is why people don't trust the police. >> Well, it's either we arrest her now or a warrant gets issued. >> That would have been fine because I could have been prepared, had an attorney and everything already. But the thing is, >> well, you don't need an attorney for a warrant arrest. >> I just don't understand. But this is why people don't have trust in you guys. >> Unfortunately, it is. Unfortunately, you know, it is. >> No, because you guys are dirty and and that's why. And it's sad because the community should not have that kind of relationship with the police officers. All you see about you guys is negative and I understand why now. >> Okay. I really >> uh about Do you have her phone? Can we get that real quick just so she can have it? >> She just wants it real quick. >> It's basically situation >> about 45 minutes. >> Have to go to the Chicago Police Department. >> Yeah, I gave her the card with the address on it. It's 23 seconds. >> Cheeks are sweating back here. >> I got you. Um about 45 minutes we'll be she's just got to get booked, fingerprinted, and then released and then she'll get a court date. >> Okay. So 45 minutes we'll be done there. >> Okay, that's cool cuz I have a whole lawsuit for the a for the falls police department for Sam's Club and everything because is the other girl arrested? I want to know that. Is she getting booked and fingerprinted as well? >> Just you right now. >> Oh, okay. So what's being done with her then since she was the one who actually attacked and came at me? >> Who's yelling? >> Disorderly conduct. Is he still getting DLC? Is he getting DLC? >> Yeah. >> No, he's he's getting a warning. >> Okay. >> All right. Let's get out of here. >> I mean, I >> He wants to show me the law of show requesting a supervisor real quick. >> Yeah. He says it's a law that I have to provide. >> Just let him take it. >> What are we long 9 chapter- 26? Any work related injury in the matter how minor must be reported to the employee supervisor as soon as possible. Supervisor will after attending the injury make a report of the incident and submitted to the office environmental health and occupational safety. An investigation of the incident may be conducted by the director environmental health and occupation safety. Each >> each university staff employee is protected by the provisions of the workers compensation law of Ohio which covers expenses of medical care as well as certain classif I promise you our revised code is hard to read but that's not a law. If you do find a law, you can send it to my email and I have no problem respectful, >> but I just I just feel like you guys are wrong in your investigative decision. >> Okay. Well, that's that's the court. That's the court's decision. >> We have problem arrest. You know, >> that's all right. Just let her go. We'll go get her in 45 minutes. >> That's that's fine. But you also in the field had the decision the right to make decisions based on the situation. Like >> Yeah. you if you get a lawyer and you fight in court, they'll be able to explain it to you. Okay. >> Does not have the right to do that. >> I appreciate you, man. >> Okay. I just want to take hot dog. As long as you I'm hot as go. Godamn. [Applause] >> Hey everyone, it's Trent, Prior, Deputy Sheriff, patrol sergeant, and K9 handler. During my time in law enforcement, there have been a lot of individuals who would try to claim self-defense just because somebody got in their face or in this instance, somebody had chest bumped them three different times, according to this suspect. Traditionally and under most circumstances, self-defense is only going to qualify if somebody is facing an unlawful immediate threat of force and they cannot be the initial aggressor. And the response has to be reasonable and proportional. And of course, there is going to be an element of articulation in that as well where somebody would need to explain why they defended themselves and used that type of force in that situation, i.e. They were in fear for their life and their safety and they felt that that was going to be their only option at that point in time. However, that's why with these types of cases, it's always important to speak to as many witnesses as possible. Sometimes you only have one. And to review the video footage, which of course these officers did, just to ensure that there was no actual physical contact made by the store employee toward the suspect prior to the suspect becoming physical with her. But then again, the force used still needs to be reasonable and proportional. Either way, this is just going to be a misdemeanor assault charge, and each party will have their chance to say their side in court. >> She was charged with assault, but remains innocent until proven guilty. [Music]