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Edit Transcript - @Copwatchtv Legal Expert/Officer Breaks Down Recent Cases
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@Copwatchtv Legal Expert/Officer Breaks Down Recent Cases
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good afternoon this is Daniel here with cops and cons TV I just want to welcome everyone into our live show and today we're going to break down some of the most interesting and important issues in policing and really talk about some of the cases that have been going on in the world of policing across the country and just like always as I'm going through this if you have any questions or comments one of my favorite things to do is to really have a dialogue and to go back and forth so if there is something that I say that you disagree with or have a different opinion on definitely go ahead and put it in the chat so we can have a discussion in a dialogue about some of these cases and again please if you haven't already go ahead and subscribe to our Channel make sure you share it with friends and family as many people as we can get into these live streams um we would we would love that as well so again my name is Daniel you can go ahead and follow me over at police law news over on YouTube and substack and Tick Tock and all of those different places so it looks like we have a couple regulars in just want to say hey to Sergeant George out in California and Shaquille oatmeal looks like we've got someone from Tennessee watching as well Manhattan and Dallas Texas as well awesome I just want to welcome everyone in and uh let's get going so the first case that we're going to talk about we actually did cover this a couple weeks ago when it first happened but really it's been all over the news the last couple weeks and this is the case in New York City that happened on May 1st with Jordan Neely and Daniel penny so the reason why I'm going to talk about it first and lead off with this case is one you know there are just a lot of different cases that you know there are there are just some cases and events that Inspire divide and the the entire country this is just one of those cases and this is really just like it's gonna set a barometer for the entire culture for the entire country and where you fall on this particular case in short this is an important case so I am going to talk about it and since we since you know two weeks ago when we first talked about it there are there is just a lot more information about this case that's become available and I'm really curious to see what other people think about this case as well all right so this was the case from May 1st of 2023 um this happened in New York City the two individuals involved are Jordan Neely and Daniel penny so if you remember Jordan Neely is a 30 year old they like to call him a Michael Jackson impersonator because sometimes he doesn't personate Michael Jackson on the subway some of the other things that we found out about Mr Neely is that he's a homeless individual since 20 uh since uh 2003 he's been arrested 42 times some of the most notable most notorious arrests are back in 2015 he was arrested for trying to kidnap a seven-year-old he did plead guilty to some type of child abuse charge and he actually only served four months in prison for that particular case um also some of the other notable ones in 2021 so not that long ago within a six-month period he battered two different elderly women there was a 65 year old woman that he sucker punched and then a 67 year old woman that he broke her nose and her orbital bone when he punched her for essentially no reason on the date of this incident and again the other individual Daniel Penny he would have no way to know this information I know that I get that but on the date of the incident I think it is Rel it is it is reasonable to want to know on the date of the incident that Mr Neely did have a warrant out for his arrest for that second case where he bashed up the 67 year old woman broke her nose and orbital bone um so yeah a Shaquille O'Neal says yes absolutely so um he was on the train and he was on the train and he was yelling and screaming and you know when you're arrested when you're arrested 40 um uh when you're arrested uh you know and I just want to say that you know clearing warrants and saving people shouldn't be a crime but Daniel Penny was charged um some of my initial thoughts about this case before I get into some of the facts are you know it's one of those things where like it's like looking at the comments because I've done about 10 Tick Tock videos on this case um the Instagram I've talked to there's a lot of different uh you YouTube as well but I've talked to a lot of different people through the comments on on my videos on these cases and here's what I found really the only men that oppose what Daniel Penny did are those who are so meek and and who are so Meek that if they were in a situation where they were on a subway where you know someone was uh threatening elderly women instead of standing up and doing something they would just look for an excuse to change to a different train car it seems like that's the category of people who oppose what Daniel Penny did also it's not Daniel Penny's fault that Jordan Neely was allowed to freely stalk the streets in search of of completing his psychotic Narrative of terrorizing innocent people the courts Advocates lawmakers his family those people those groups of people are far more liable and responsible for what happened than Daniel penny so on the date of this incident like he had multiple times Jordan nearly got on the subway and started screaming and yelling at random people um it got to the point where he was screaming and yelling and it wasn't just that he was also threatening people so there's a factual issue there's a factual a question of fact about whether or not Jordan Neely was issuing death threats so was he actually threatening individuals by with killing them was he saying that because you know when we look at Daniel Penny's actions here in a couple minutes I'll get to it but you know if Jordan Neely was just screaming and yelling and ranting and raving that's one thing but if he's actively threatening to kill someone that's a different thing and I think that we can all recognize this so the factual question that I think we all have to have to answer is was Jordan Neely threatening to kill people so what evidence do we have about whether or not he was threatening to kill people well he was screaming and yelling on the subway here are some of the things here are some of the things that he was yelling um he was yelling on the subway he threw down his he was demanding food and water he took off his jacket and he violently threw his jacket down on the ground he started pacing back and forth and yelling he was kind of approaching people but didn't touch anyone and there were several people including elderly people who moved to the other side of the train car in order to get away from Mr Neely some of the things he said are I'll hurt anyone on this train I would kill a [ __ ] I don't care I'll take a bullet I'm ready to go back to jail he then said he would do life well if we take that into account so the actions of the screaming and the yelling the throwing down the jacket um the the approaching people and then when you say these things such as I would kill a [ __ ] I don't care I'll take a bullet and I don't mind doing life or I'll go back and do life I think everyone knows whether you live in New York City whether you live in New York City or not I think you know that there's really only one crime where people do life in prison for and that's murder so given the situation given the facts of the situation of what happened I think it's reasonable to believe that not only Daniel Penny but other individuals on the train had a reasonable belief that Jordan Neely might try to seriously hurt someone or kill someone um uh let's see Angela says uh he didn't need to die uh he is mentally ill call the police okay uh Angela I appreciate the comment I'm going to get to that I'm gonna get to that here in a second so you're Anna you're on a subway Angela so um again I'm not from New York but I grew up in Chicago so I grew up uh uh driving those uh I I grew up riding those cars all the time so you have to think about it it's not when you're in a Subway there is nowhere to escape there is nowhere to go so you're essentially trapped and contained on a subway and Angela I might you're in it it's it's very close quarters Angela if they were at like a public park if they were at a library um I could come up with you know if they were at a McDonald's restaurant I could name a hundred different places where if they were I would I probably would go down that path with you because what I'm saying is the individuals who he was screaming at would have an option to leave they would have an option to go someplace else right so but on a subway car you're underground in this little [ __ ] container there's nowhere to go so there's nowhere to go so I think it's a little bit different there so calling the police um when you're trapped it's like being trapped in an elevator go ahead and call the police they literally can't do anything because you're trapped in a container with someone so what happened was is Daniel Penny and two other individuals one of them was an African-American man um did uh subdue and essentially restrain um Mr Neely Daniel painting one from behind he grabbed him he grabbed him and took him down to the ground and you know people call it a submission hold people call the blood choke some people call it a some people call it a choke hold all of these different um terms are being thrown about now what I'm gonna say is that you know when you're in a situation like that and it's a dynamic situation you know you're fighting with someone on you're trying to subdue someone or hold someone on the subway um the idea that everything is going to go perfect and that the use of force or what you're trying to do is going to work out exactly perfectly and it's going to be just just like you were trying to do in a controlled situation like that is not a reasonable expectation that's not a reasonable expectation for police officers in the use of force it never goes goes as planned and even if it's legal it always looks ugly same thing with this so I wouldn't if Daniel Penny was trying to do some type of a blood choke which is essentially and I'm not an MMA person this isn't this isn't my area of expertise but my understanding is that if you do what's called a blood choke that isn't cutting off the airway so essentially that's it's meant to put someone to please correct me if I'm wrong I'm sure there's people in here who who are MMA junkies who know more about this than me but my understanding is that the type of Choke that Daniel Penny or the type of submission that he was trying to do so his intent was to essentially to make Jordan Neely pass out not kill him that wasn't his intent to kill him he wanted him to pass out um and it is important to note that Jordan Penn or that uh Daniel Penny he was a marine um he and he was TR he was trained by by the military in ground ground uh combat submission so he does have obviously some training in this type of stuff so as Daniel Penny was doing this two other individuals and some of this is on video so obviously the whole video hasn't been released but enough of the video you know has been released where we do have a pretty good idea of what happened at least during the the the the submission and there were two other individuals who weren't telling Daniel Penny what are you doing stop you're gonna kill him what the [ __ ] are you doing like no one said that if anything two other individuals two other individuals were trying to help specifically there was an African-American man who was holding who was holding uh who was holding Jordan Neely's hands um I'm guessing so we couldn't reach inside of his pockets for a weapon or anything like that and then there was another individual who was standing up most of the time however a couple of different times he did kind of bend over and he did put his hands on Jordan Neely's I'm kind of like upper back and arms and shoulder area as well um but let's see as Steve Ladner says who in their right mind calls police for anything Steve's so funny all right so um yeah so this is so there was no intent to actually kill but but again so Mr um so let me say so while this is going on again it's this isn't like the George Floyd case meaning when there was the George Floyd case going on in Derek Chauvin what did have his knee on or near George Floyd's neck there were 10 12 individuals who were screaming and yelling and telling the police officer Derek Chauvin to stop what he was doing okay that didn't happen here that didn't happen here if anything people were happy that Daniel Penny stopped Jordan Neely from doing something dangerous because people on the train were scared um so um unfortunately it wasn't intended but Jordan Neely did die so I hate when people ask the question so this is a really dishonest question um on especially on Tech you know Tick Tock has the absolute worst comments I honestly think that our YouTube viewers uh the IQ points are about 30 or 30 points higher so than than my Tick Tock followers because the quest the kind of questions that they ask on Tick Tock is absolutely ridiculous they say things like so did he deserve to die you know did did Mr Neely did Jordan Ealy deserve to die well that's such a weird question and you know it's not relevant first of all deserving to die like what does that mean you know I can make an argument that almost no one deserves to die you know there are lawful and Justified um situations that occur where someone in self-defense might kill someone but the idea of deserve to die like that isn't in any police training that's not in military training that's not a legal term of art deserving to die is not a legal standard and it's an absolute ridiculous question to ask um people who aren't serious is those are the kinds of questions that they ask when they say when they say um did he deserve to die so that's a that's a ridiculous question so obviously there was no intent um for Mr Neely from Mr Penny uh to kill Mr Neely but Mr Penny did just get charged so he was actually charged uh with second degree manslaughter and I think I explained this last time but listen here's the difference between manslaughter and murder and it's really simple so murder so it's all about intent and I've talked about this before and I put a lot of stock in all my on all the analysis that I do I put a lot of stock in when it comes to someone's intent and yes I get it I have a bias there um and you may not agree and it may be even a little bit different than what the law says but what someone's actual intent is that plays so much with me because if you are doing something if you have a good intent if your intent is to go out and to try to help people but in that situation something goes wrong my personal opinion is that well you should be punished less because you were out there and you were trying to do something good because in General you want decent people people try to do good things however if you have an intent to harm someone if you have an intent to break the law yeah I don't think we should cut you any [ __ ] slack for that if you have a bad intent then I don't think you should get any Grace when it comes to the punishment phase so again in all of my analysis I put probably more stock in the idea in the principle of intent than a lot of people do that's a bias I have and at least I'm honest about it um so second is so when it comes to manslaughter and murder it's kind of where I'm going with this manslaughter and murder murder essentially means you have the intent to kill so any type of crime where someone dies and the district attorney says they intended to kill this person that goes down the murder chain okay that's that's the murder chain and intent to kill manslaughter is when someone dies from The Acts of another person but there was no intent to kill usually it has to do with you being Reckless or being negligent or he uh heat of passion things like that that's manslaughter So Daniel Pena was not charged with murder so even the far left D.A who who again is it always wants to prosecute these types of of situations and not know not you know Jordan Neely when he um kidnapped kidnapped a seven-year-old not really so worried about that or when he's trying to push people in front of subway cars not real worried about that but people who have good intentions we're going to charge them so even that D.A who again has no love for people who are trying to do good things in the city even that D.A Alvin Bragg you know has publicly said there was no intent to kill like Daniel Penny was not trying to kill him that's why he was charged with second degree manslaughter now second degree manslaughter in New York City essentially says uh you know when you recklessly cause the death of another person in other words when you are aware that your actions present a substantial risk and that someone could could be killed and essentially you are disregarding that risk so so that that's pretty much what he's charged with um and you know I'm gonna be just just completely honest as as I always am but I think it's reasonable to say that there there's a legal analysis and then there's a more political uh ultimately like a sociological analysis of this case where the legal analysis where okay what is the actual statute say what are the elements and we compare that against the facts of the case if you look at that I get that there's manslaughter charges okay because Daniel Penny did something um he did not intend to kill Jordan Neely but Jordan nearly died um I mean that's that's pretty much you know textbook manslaughter so at least when it comes to the elements that are charged like I I'm not saying I agree with it or that I want there to be charges filed of course not but what I'm saying is that like I understand the charges being filed I I wrote an article about this case over on my sub stack over at police law newsletter before charges were being filed and I said pretty much the same thing that that I wouldn't be surprised if manslaughter charges are filed because based on the facts and the letter of the law like I get it I under I understand that but that's but that's different than what I want to happen so even though that's that's I understand why those charges are filed I do not want Daniel Penny to be found guilty if he is found guilty I hope that he gets probation and he never serves a day in jail um again because this is one of those cases where you know I think we have to look at it's like either you support the man who was threatening to kill strangers on on the subway or you support the man who made sure that he didn't this case really is that simple I want to hear your comments let's see what everybody everybody has been saying about this case um Steve Ladner says if a grand jury indictment doesn't mean it oh Steve always s is just a grand jury um Grand Jury question let's see uh Shadow says I don't think any part of the system has been particularly trustworthy these last few years that's fair Sergeant George says you gotta hate it when there's a certain to D.A who decides suddenly to press charges against people who do good things I I agree Bing says I only meant to bring him to the brink of death your honor uh yeah I'm gonna get that here in a second being um jorik says he did nothing wrong he did a public service for everyone and that's why I said there's a lot of division on this case um so here's where I think a lot of re so again when it comes to what's going to be on Fox News and what's going to be on CS CNN and MSNBC well listen when you have AOC saying that this was a lynching now obviously that's ridiculous and people like me who try to be more Center and tried to be reasonable about things again I tried to be reasonable even though I obviously support Daniel Penny I don't want him to be convicted but on the same side I'm saying like I get why charges are filed so I tried to be reasonable and in the middle but when you have people like AOC before the autopsy has even been released before charges are filed she said that this was a lynching a lynching is an intentional killing based on race so first of all this has nothing to do with race this has 100 to do with behavior there's no let's put it this way there's certainly no evidence of any kind that this had anything to do with Race So lacking that evidence AOC says that this was a lynching again an intentional murder not manslaughter an intentional murder based on race so when people on the left or people on are saying that kind of stuff that's only going to trigger people on the right to say things um like like who who just said it there uh bing did or someone else no so someone else said uh a joke said jorik says that uh you know that they did a public service so I I don't think he actually who George I don't think anyone actually believes that this is a public service no one wanted Mr Neely to die but when you have that rhetoric that's so far on one side saying it was a lynching like you have to expect the other side to also be equally as ridiculous and extreme on the other side and listen the truth is probably in the middle and I think most reasonable people which is probably about 80 percent of us so there's ten percent of people who hate cops who hate who hate the military who are just just don't like any of this who are just so far gone you can't even have a conversation with these people and there's people on the right there's ten percent of people on the right that are also just nuts and you can't talk to them either but 80 percent of us in one way or another are probably in the middle and here's where most reasonable people can probably find some common ground on this case that they can probably find that a couple different things are probably true first that Daniel that Jordan Neely did threaten people on the subway because it was a container where people weren't allowed to leave that it was reasonable for some citizens to step in to stop that or prevent that I think most people can get there also I think most people can say but Jordan Neely didn't deserve to die certainly that wasn't Mr Penny's intents to kill him but again when you're in a use of force when you are fighting with someone when you are using different techniques nothing is perfect nothing goes as it should this isn't training in a con controlled environment and yes things don't always go as planned so I think most of us can get there that yes no one that that you know the initial takedown the initial submission the idea the principle the philosophy of taking this guy down and holding him until the next subway stop until the police come in most people can get on board and say yeah okay I get why that happened and those said that same group of people also say I wish he wouldn't have died or he shouldn't have died or I wish this would have gone a different way where Mr Neely wasn't killed I think most people can get there again the 10 percent extreme on either side and that see that's all you're going to see on CNN and Fox News MSNBC are the extremes when again honestly most people are in the middle on this case and I just hope that these people these 80 that are in the middle um do really think about what I say about intent where it's like Daniel Penny entered the subway with the intent to go about his day ride the subway and go visit his father Jordan Neely had the intent to terrorize random people on the subway those two aren't equal they're not and we shouldn't pretend that they are let's see if we got a couple other comments on this Sergeant George says uh between race and uh uh mental illness which elements do you think will come out on top um yeah I think I think both um uh so Sergeant George is a really good question I think when it comes to race I think um we're so far apart on some of these racial issues now not 80 of the people in the middle but the people on the extremes are so far apart on Race I I don't think we're going to get anywhere but um what I think could happen is there should be a conversation about mental health um you know Eric Adams a Democrat mayor from New York City but he is a former police Commander um he said one of the things that Democrats hadn't said for a while that you know when it comes to people who are homeless mentally ill and violent and and who have grave passive neglect meaning that they're just they're so mentally ill they literally can't take care of themselves there are all kinds of lawsuits over the last 20 years by the ACLU the American Civil uh Liberties Union which basically said that being homeless being crazy being out of your mind on the streets like that's not that's not against the law and police officers and doctors and and governments shouldn't be able to control people just let people do whatever they want so that's been the the position of the ACLU I I appreciate that but like this is the result of that um so in Eric Adams you know he did say when he first came into office that so what police officers and doctors and um police officers and doctors and psychologists what they need in order to basically involuntary make someone go either get mental health treatment or to get a medication what they need to do that shouldn't be such a high bar because now the bar is pretty much unless you are actively threatening someone or threatening yourself and there's some mental illness components unless that unless that is occurring in the moment not last week not two hours ago but unless that is occurring in the moment doctors and police officers literally can't do anything to get people help that's what the ACLU wants that's what they fought for that's what they've sued over and pretty much got all kinds of Courts to agree um but like I said Eric Adams said even before this that he thinks it should be a little bit easier for police officers and doctors to get people help it's not compassionate to allow people to be completely out of their minds not medicated living on the streets that isn't compassionate it's not only for those people but for the rest of us for regular normal people who just want to go about their day on the Subway it's not compassionate for them either all right a couple more questions uh Shadow says uh he may have been having a psychotic break uh maybe the real question is why was Neely not receiving some kind of care good question Shadow but yeah no I I agree um and what I found out I think a lot of people found out Shadow is that um uh New York City for some reason has a list of the top 50 people who are mentally ill violent have criminal histories and need help but kind of in that that huge that that column um at 50 people what are there I I don't know whether they're nine million people in New York City seven million people in New York City he was in the top 50. um so he was on people's radar so I agree um this is why I said earlier um that you know if we look at this from a big structural um a big structural look um at this at this situation and knowing that this isn't just Jordan Neely that there's thousands of people like him that how do we solve this that Daniel Penny listen I get he's going to be prosecuted again I hope he's not convicted but like Daniel Penny's not the problem you can throw Daniel penny in jail for the rest of his life and you're going to have the exact same problem with thousands of other crazy homeless people who are mentally ill and violent on the New York City subway system so again Daniel Penny not the problem Jordan Neely and people like him who just go around terrorizing people again because they're mentally ill not medicated um like this this problem isn't going to be solved unless people in government lawmakers Advocates unless they start taking it seriously instead of just trying to profit off when these people um get killed every now and then all right well a couple more uh George says Daniel Penny should be awarded should be awarded for keeping public order rather than being punished I can sign on to that yeah I agree 100 uh let's see uh sixth sense says he could have let him go sooner um but that's the only thing I think could should have been different Sixth Sense yeah no I think you know what I agree I agree um again I'm not I'm not sure um I think he held him in that position for um uh you know I mean from what I know I was never in the middle military on my police experience and legal experience and education but no military experience my understanding is that Marines are kind of like the police though where they are taught and trained to neutralize the threats and keep the threat from coming back um so would there have been a way where they would be able to restrain him without killing him obviously that's what I would prefer um but I get him I get Penny getting involved in the first place uh let's see uh I am legal okay see if the it is criminal that he was on the streets free to terrorize on the subway it's uh too late for a mental intervention and restraint was absolutely called for in the situation uh legal I'm legal I agree with you 100 um I think I I agree with you 100 there that makes um that makes complete sense and again you know once you're in a locked container with someone you're not in Central Park you're not in a public library you're not at a restaurant where you could just all right there's a crazy [ __ ] over here I'm gonna get up and walk away not an option not an option when you're stuck on a on a subway car an airplane or a or an elevator with someone who's threatening people don't have the option to just walk away and leave and yeah like I said you know you're either people it's really going to be interesting to see where people fall on this particular case and I think you're really gonna find out who some people are because again you're either going to support the person who is threatening to kill people on the subway or you're going to support the person who made sure he didn't I mean this case is really that simple all right next case that we're going to talk about so this is a weird one um uh I don't know if anybody saw I did a a video on it I did a video on it earlier today um I saw it over the last couple days but this this body camera video dash camera video is absolutely nuts um Steve Ladner hang on you have police and legal experience but you can't everyone answer my simple question Steve I've answered it a couple times though you just do not like my answer um I think I've actually typed it out for you as well in one of the in one of the chat Steve but um I appreciate you being here um so this case happened back in in a March of 21 in Carroll Iowa the reason I'm talking about it now is because the body cam footage and the dash cam footage just came out now um you know different states have different body cam laws and you know me I've said this about a hundred different times that I want bod not just because we have a body camera channel here um but I want uh body camera footage to come out really as quickly as soon as possible not just for government transparency but because I'm nosy I want to know what happened I'm [ __ ] interested in all of these um different cases so this case that happened in this case that happened in Carroll Iowa um really a strange case a March of 21 again the body camera video is nuts um so here's what happened there was a traffic stop officer Patrick McCarty did a traffic stop on a vehicle um the vehicle was driven by someone and then had a passenger the passenger of that vehicle is his name is Dennis geider Jr so during contact with the driver um during contact with the driver and with the past messenger um the police officer found out that Mr guider had a warrant out for his arrest out of Illinois so just like a normal police again a warrant is an order from a judge no police officers so not only is a warrant in order from a judge but most of the time police departments have policies that say either specifically police officers there's no discretion on warrants like you have to take someone to jail you can't just let someone go because you're feeling lazy or you don't feel like it or police department policies say something like um you have to follow all laws which you know doing that is taking people jail for warrants as part of that I guess what I'm getting at this when someone has a warrant um it really isn't the police officer being nice or being a jerk like the police officer has to take the person to jail I mean that's just one of those things um typically and I should also point out that typically warrants aren't extraditable between states unless it's a felony you know so what have let's say you get uh say you're in New Mexico and you get a and you get a warrant for you have you get a ticket for littering and you don't show up okay and then and so a judge issues a warrant let's say you move to Maine or New Hampshire or Illinois or somewhere else so do you and let's say an Illinois police officer stops you well that's 1300 miles away from New Mexico so let's say Illinois police officer stops you they run your name and [ __ ] and they find out that you have a warrant out of New Mexico now that's either going to be extraditable or not extraditable meaning that if the state of New Mexico really wants you back they have to pay for not only for you to be in custody they have to pay for your transport sometimes they have to send agents [ __ ] 1300 miles away in order to bring your ass back so most of the time states only and only extradite people who have serious felonies right because it wouldn't make sense for a state or a government to put all these resources in to try to prosecute someone for littering also and they don't say this what municipalities and such things like okay this guy he had littering he had a warrant you know if he wants to go and live in another state to avoid this [ __ ] that's where we want him we don't want him back in New Mexico we don't want him back in Arizona we want him to say [ __ ] a thousand miles away right so it's it's reasonable so this was so it's important to know that this warrant was from a different state this happened in Iowa um and the warrant was from Illinois now those two states do border each other um but still it was from a different state so it's reasonable believe that it was a felony warrant so um with this warrant um with this warrant um uh heat the uh police officer officer McCarty told Mr guider um that you know to step out of the car he gave him a lawful and reasonable command he wasn't a jerk he wasn't screaming he wasn't yelling at him he told him he said hey step out of the car place your hands behind your back so Mr guider um instead of just you know um uh cooperating with the police officer um you know it just utilizing basic human decency instead of doing that he did the exact opposite so what Mr guider did is again he was in the passenger seat right so there was someone who was in the uh who was in the uh it was in the driver's seat he turns to the driver and he says something to him you can't hear it because the body camera you can't hear it but he says something to the driver at that point Mr guider pushes the guy uh the driver's side door opens um Mr guider pushes the the driver out of the car he then hops into the driver's seat so now we have someone who had a warrant who isn't cooperating with the police officer who literally just went from the passenger seat to the driver's seat um what do you think this guy's intending to do like it is doesn't take a rocket scientist this doesn't take a cup with with a law degree to figure out okay he's probably gonna he's probably gonna drive away right he has a warrant he doesn't want to go to jail he got in the driver's seat of the car he's probably going to drive the car away right that's a reasonable thing to do so a good question I always talk about decision points so when a case happens what's a decision Point like what is happening in the moment where we say okay this is the exact point where a police officer did this but because of law policy um um because of law policy I'm training the officer should have done something different this is one of those decision points so now the officer has a decision someone with a warrant just got into the driver's seat of a car uh what if he's probably going to drive away what's my action what should I do well with this police officer I can tell you what I think the police officer should have done um it's not what the officer did what the officer did is he actually went around to the front of the car he drew out he pulled out his handgun and he stood in front of the car again that was probably going to start moving he gets in front of the car he points the gun he points his handgun at the individual at Mr Geiger in the driver's seat and starts yelling the same kind of commands that you would expect no get out of the car show me your hands don't drive the car turn off the car stop the car you know all those things that you can imagine a police officer would say in a situation like that um so I should just say that it it's hopefully I don't I don't offend anybody by saying this but let's say it's a bad idea to stand in front of a car that's going to be moving this is what is considered officer-induced Jeopardy okay um typically if a police officer is on the side of a road and a car starts moving towards them and there's nothing they can do and they end up shooting at the car well that's typically Justified because again the officer can't really do anything but police officers you know per law and per Department policy use of force training and stuff typically can't position themselves in front of them of of a moving car and then when the car moves you know shoot and say oh I was in fear I was in fear for my safety because you shouldn't have put yourself there in the first place anyways the officer puts himself in front of the car R draws out starts giving commands then the car starts to move forward so again even if the officer makes uh you know and I'm gonna I'm gonna go on a limb here and say for lack of the term a bad decision to stand uh you know just really a strange tactical decision to stand in front of the car um the car starts moving it didn't accelerate like zero to 60 in two seconds or anything like that but it starts to move forward slowly towards the police officer who's maybe five ten feet away or so um at that point would be a good idea for the police officer okay I [ __ ] up I stood in front of the car shouldn't have done that well now I'm in a move not what the officer does he jumps on the hood of the car so the police officer jumps on the on the hood of the car um and he's grabbing ice still has his handgun out pointed at the driver still screaming and yelling on the hood of the car well that doesn't deter Mr geider either and yes just because the police officer is making some odd strange weird and you know unsafe tactical decisions um there's no excuse for Mr guider to be doing this at this point either so that is 100 we could say that what the police officer did is against policy and against common sense I get it but what Mr guider did is like 100 absolutely illegal so again intense yes I don't want police officers to violate policy and training that's not good but it is not the same thing as committing a felony like it just isn't uh it'd be weird to say that it is so as the police officer is on the hood of the car the car is moving kind of slow at that point the officer doesn't jump off or he probably wouldn't get injured he hangs on the car starts to go speed away speeds reach 60 miles an hour like that's crazy think about that 60 miles an hour and the police officers trying to hang on to the hood he ends up on top of the car is actually captured on the dash cam video from an adjacent another police officer and the body cam video is wild eventually so I mean before I even tell you what happens I'm sure you know that eventually the officer gets thrown off the car um he did survive which is which is good important he does survive but he broke his back um so he was thrown off the car again it was go it went down a ditch at 60 miles an hour and uh the officer got thrown off um as he's laying there in the ditch with a broken back he's talking and as of the other police officer runs up to him he says something to the effect of I'm okay go and get him so I mean this guy at least I I again I can question his tactics but I'm not going to question his heart okay because I mean God damn like this guy here he is laying with a broken back and he gets uh help from a police officer his first thing he said hey stay here with me help me up call me rescue his first thing is to say go and get her and he gives uh the other officer uh gives the officer directions to go get him anyways Mr guider was arrested um case went to trial um and a lot of people are saying that there should have been more uh Mr guy they did avoid trial Mr guider actually just pled guilty to Serious injury by vehicle he's facing up to five years in prison so I'm talking with people on some other Platforms in the chats they're saying well this should be attempted murder this should be you know it should be a lot more than five years yes I get it but it was a plea deal so yes the the state um they could have taken this case to trial um you know tried to charge attempted murder or aggravated battery or aggravated assault or all these other crazy felonies which probably have you know 10 to 15 years um you know as a maximum in prison but that would be a trial for whatever reason the decision was made to not do a trial and to do a plea deal this is what the plea deal was now I haven't verified this independently but my guess and I know this is again I'm going to go out on a limb is that this isn't the only criminal case that Mr guider is facing um so my again my guess is that there are other cases that he's looking at listen if you are going to if you are if you are going to drive away at 60 miles an hour with a police officer on your car and you're an adult man it's probably not your first rodeo you're probably running away from some pretty bad [ __ ] so my guess is this five years for this case isn't all that this guy is going to do and if he is facing 10 15 12 20 years in a different state or for different charges you know it really I I get that the the reason that this was pled um so again you know I I understand that I think there's probably a reason for it again so when I know I was laughing a little bit about the officer I'm glad that he's okay but the tactics are absolutely terrible um again it's it's called officer-induced Jeopardy um police officers typically cannot put themselves in a situation that is unnecessarily dangerous now that's not everything that's not well an officer conducted a legal traffic stop and uh uh you know and so that was putting themselves in Jeopardy because they didn't have to make that traffic stop no that's not how it works if an officer is following policy training in law yes sometimes they might do things that are dangerous but if they follow those things they're generally okay you know at least in the eyes of uh you know being being at least in the eyes of the Court you know because they're doing things they're in a space where they are doing things that are reasonable and legal this was not reasonable um this is not reasonable so um what the police officer should have done is still give commands and you know go behind the car make sure you have the license plate which you already do so you have the license plate right and you have um you have the identity of the driver so what you can do is a police officer at that point you can go ahead and issue another warrant so you can you could write it up you could say we stopped him uh for this traffic but he wasn't the driver but um you know he he didn't listen to the he didn't he didn't listen to the police officer um he didn't listen to so he didn't listen to the police officer he um uh he evaded arrest he all of the different charts and then issue a warrant out of Iowa as well um so so yeah so so that that way um so that way you know you have a warrant out of Iowa as well um it's not worth your life trying to take someone in for a warrant it doesn't make any sense um this is pretty much like the other guy's School of policing um jumping on the car um uh you know from The Rock and Samuel L Jackson um yeah that's that's that's pretty much uh what what this is like it's absolutely crazy don't understand it really curious to see what uh um what other people's comments are in this so sixth sense says some cops intentionally step in front of a car just so they can use deadly force I think it's a hundred percent irresponsible and it's not like someone won't try it at some point yeah six cents so that's a that's a that's an interesting comment and you know what I'm going to say that that has happened before um because the reason it's happened before is because most police departments have a use of force policy in that use of force policy they have things that police officers can't do one of them is shoot at a moving vehicle if you put yourself in there so um this typically is addressed by law and by policy we don't want police officers to do that um sixth sense so like I said there's an example of you know if a police officer is on a traffic stop on the side of the road kind of doing their thing minding their own business and through no fault of their own another vehicle comes bearing down on them that's a situation where police officers are going to be covered by policy and law and training to shoot at that vehicle at the driver if it's the only thing that's going to save their life that's different than okay someone's in a car they're about to drive away and I step purposely into the middle so um we don't want police officers to do that again there are laws and policies around that um it's called officer-induced Jeopardy so we don't want officers to do that um I don't think it happens all that often um but again even in situations like that you still have a bad guy a criminal who is trying to run over a police officer or doesn't care if they run into a police officer which is a serious felony so again so what I like to say is that these things aren't equal yes we look at we look at um so police officers might be um might be violating policy they might be doing something that isn't great tactically that's bad I don't want officer to do that the other thing is you're trying to run someone over and kill them that's a violent felony they're not equal right they aren't equal the intent isn't the same uh let's see uh Steve says in San Antonio Texas the cop could shoot him running away and the D.A will disregard a grand jury indictment um well I mean we have Tennessee versus Gardner uh that's still good law so police officers are able to um shoot and kill violent fleeing felons if they are able to articulate that the individual is a that someone else's life is in is in danger of either uh dying or uh will be the victim of great bodily injury so yeah Tennessee versus Garner that is a supreme court law um that is recognized anywhere because it's a supreme court so uh sixth sense says uh kind of had to say I didn't see the cop on my hood right in front of me yeah it would be it would be strange it would be strange if he said he didn't see him um so in in what uh Mr guider did say and obviously this is [ __ ] but what he said is that he was afraid because the cop was pointing his gun that's why he did that well I'm just going to point out that the the active resistance the not listening to the police officer that happened way before the cop in this on body cam video that's how why I'm saying it it happened way before the police officer told them to exit so when the police officer told him to exit the car during the initial contact the officer was night nice friendly polite did not have any weapons drawn no no gun no taser nothing was in the police officer's hand he asked him didn't demand and screamed and yell he asked him nicely and politely to step out of the vehicle it was at that point no guns were drawn it was at that point that Mr Geiger went from um the the passenger seat to the driver's seat and you know he obviously had the intent that he was going to flee so again so Mr guider's Excuse of I was afraid I acted like this because the cop pulled the gun on me again it's [ __ ] because the active resistance the the idea to flee the scene in the car happened way before a police officer had his gun drawn uh let's see um the I am legal says uh uh the Cop made a foolish agree Cop made a foolish out of policy uh spur of the moment decision he would probably make a different decision nine times out of ten this does nothing to diminish the driver's liability agree 100 thank you I am a legal OKC I have to follow you because you're saying all the things I agree with that yeah again we don't want police to make tactical errors we don't want them to um we want Cops to follow training policy and law we want um we don't want Cops to make tactical errors but if a police officer makes a bone-headed tactical error in the moment that is not the same that is not equal to someone committing a violent felony like it's just not again to pretend that these two things are equal is a little silly uh Sergeant George says uh this is what having poor situational awareness uh can't come in and oh I agree 100 thank you Sergeant George yeah that is 100 correct I also agree I'm legal OKC is that yeah if the police officer had to do it again if there was 2020 hindsight you're right I don't think he would have done this it was probably just a spur of the moment that here you are you're in the situation it happened and you just act and you just react in um police officers a lot of the time you know they have it in their heads because they want to do good they want to help people they want to take bad guys to jail and when situations like this happen sometimes they don't have the time to think so I'm just gonna say like if if you gave that police officer was in a train let's say I was doing a training for police officers in Carroll Iowa which I'm never going to do but let's say I was and I asked every police officer in there hey I want everyone to come up and give me a 30 second a 30 sec second a small presentation on what you would do in this situation my guess is that exact police officer officer McCarty he would not say well you go in front and then you jump on the hood and then you hold on like this like there's no way he would say that right so he knows so like intellectually he knows he made a wrong decision in the moment and I'm glad he's still alive uh uh I I think therefore I am how do you feel about laws and states that allow a person to be charged with murder when they do not directly cause the murder um uh let's see uh that's the interesting question so um I think you need to be more specific if you have a specific case I can look into it um I think what you might be referring uh let's see is a person uh breaking into a house with a friend friend gets killed uh killed by cops the a charges the first guy with murder oh that's a good question that's where I thought you were going so what I think therefore I am is asking is about felony murder so here's what felony murder is um felony murder is essentially there has to be a conspiracy of multiple people to commit a felony not just any felony so not like embezzlement you know not like shoplifting or embezzlement or um a wire fraud or anything like that okay um but it's in in every state it basically lists the ones um that are are going to be in the category where someone could be charged with felony murder one of them in literally every state is going to be armed robberies let's go ahead and say that so let's say three or four people um their goal is to do an armed robbery one person is going to be the getaway driver one person is going to be the lookout out one person is going to make sure that things are safe for the bad guys inside and then the fourth person is going to be the one who actually tells the teller um who who tells the the teller or the bank manager to give them the money maybe they're the ones who have the firearm where they're maybe they're just ones is so all four people are in on it now let's say now the intent wasn't to kill anyone but the intent was to commit a felony that is in this category of felonies so let's say the individual who hands the teller the note or demands the money from the from from the bank from the bank teller let's say um someone resists and that person that one bad guy ends up shooting and killing um a a bank teller or one of the customers who steps in or something now you have the lookout the getaway driver and the other person who is in the bank the three other accomplices so they had nothing to do with the murder you know they didn't pull the trigger they probably weren't even armed but they're also charged with murder as well that's called that's the that's the legal theory of felony murder I like it here's why I like it because what it does is it discourages people from um being in conspiracies to commit violent felonies I like that I think that's a good idea um I'm I'm good with it if you say to yourselves hey the four of us we are going to um uh uh today I best thing I can say I think it's a good idea I think it's a good legal Theory again it shouldn't be for every felony it shouldn't be for embezzlement or wire fraud um or mortgage fraud or anything like that or or you know anything like that but yeah um violent fell when when groups of people get together um and they're going to commit a violent felony yeah um and someone dies during the commission of that violent felony I'm 100 good with felony murder uh let's see uh I am legal says uh if you have the intent to commit a crime uh that might result in injury or death your culpable in fact uh that it does have a better result yeah I I agree I'm I'm 100 good with that Sergeant George says uh uh yeah Sergeant George knows that's the felony uh felony murder Rule and I am legal OKC says it's usually a question of foreseeability um gosh uh it feels like I'm in law school again I am legal I graduated in 2019 uh so so I've been out of law school for a little bit but yeah Force the ability that is 100 exactly correct all right the last case that I'm going to talk about um and you know this is one of those things where um this is a small town in New Mexico called Farmington Farmington New Mexico I covered a case in Farmington a couple weeks ago um and you know I think Farmington Mexico has probably 50 to 70 000 people you know it's probably a hundred cops 880 cops or so smaller Police Department it's really close to Southwest Colorado Northern New Mexico looks like Southwest Colorado um it's beautiful out there it's an it's an oil Town blue collar workers um uh it's a it's a good place it's it's the 30 minutes from the Colorado border again absolutely absolutely beautiful out there it's also near the four corners area um Native American tribes surround it um against by the by the four corners area really cool part of the country I've been there been there a whole bunch and you know but it's a smaller town so you know if I say hey the case in Farmington New Mexico you know typically you wouldn't have to say which [ __ ] case in Farmington New Mexico because there's been two so the first one was a couple weeks ago with uh Robert Dotson the 52 year old who police officer you remember this police officers rang the doorbell they rang the doorbell of the wrong house across the street from the domestic violence call um some guy opens the door like he's in Seal Team Six and points a gun at police officers for absolutely no reason police officers reasonably respond and kill him that was in Farmington New Mexico um so this case actually happened earlier this week um it involved a teen gunman a 18 year old teen gunman who was actually slighted or or ready to schedule to graduate from high school the very next day his name is Beau Wilson um what he did he armed himself up with three guns one of them he purchased legally right after he turned 18 two of them I believe were family guns uh he also had over a thousand rounds of ammunition um he did have on uh um he had some mentally ill he had some mental illness issues and I believe he also had a I believe he also had body armor on as well as the beginning what he did is he left his house and he started to roam around his neighborhood and Chi the chief of police as Steve hebby um I believe is how you pronounce it in Farmington um uh chief of police said that you know essentially what um what Mr Wilson did is he started shooting and essentially everything he could um what he is he was shooting at or in into houses in his neighborhood um he started to shoot at cars that were driving down the street um the first um the first one he did the first car he shot at was being driven by a 79 year old woman she was shot as she was driving down his residential streets um two other women elderly women a 98 year old and her 73 year old daughter saw this happen saw the 79 year old woman needing help they actually went to assist her because she was laying in the street after being shot they went to his sister they were killed as well in total he shot nine people um the response from police I think it's important to talk about a police response to active Shooters because we want police to have a certain kind of response we want police officers to have what I call an anti-uvalde response and that's exactly what they did police got the call they got on scene quick not only Farmington Police but New Mexico State Police other smaller agencies as soon as there was gunfire as soon as there was gunfire they were on the scene quick um two officers as they responded and getting engaged and engaged uh and engage the subject to police officers were shot both of them survived there was a state police officer um whose name is uh on Andreas uh stamma Tiaras he actually drove himself to the hospital after he was wounded which is pretty badass Farmington Police Sergeant Rachel the the Senza she was also shot as she responded and was engaging the gunman police officers thankfully did Kill the gunman but again two police officers were shot nine people were shot total three were killed that was in Farmington New Mexico um the police officers at least as of this morning and I'm going to say that the Farmington chief of police Steve heavy he has done an excellent job of really just informing the public about what's going on and answering questions not like a politician but like a human um if you ever get the chance to watch one of his press conferences he does an absolute a brilliant job of letting people in the community know exactly what's going on um but he basically said that they're still working on a motive they're not really sure of what the motive is uh the family um the family of this kid was horrified um again I wish they would have been a little more proactive beforehand instead of being horrified afterwards they did hire an attorney obviously or a spokesperson and they did um they did give a statement where essentially what they said is that obviously that they they gave their condolences to the families who were affected the people who were shot and killed and injured um they said that um uh Beau was suffering from mental illness and that's really all they said is that he had mental health problems so the question that I want to ask is you know I'm a Second Amendment guy I absolutely am but he's still living in your house I get he's 18. again he can purchase firearms I get it but he's living in your house if you know he has a history a problem with mental illness how in the world does anybody this is a question how do you allow someone to have a firearm in your house knowing that they have mental health problems not only a firearm that they purchase but at least again I I could be proved wrong later on but at least what we're hearing right now is that he purchased one of the firearms and the other two that he was armed with were actually firearms from the family so they I'm and again I'm gonna I'm gonna speculate a little bit but you know if there are family firearms that he had possession of either they weren't locked up or he was able to get into wherever wherever they were locked that seemed some unbelievably and Incredibly irresponsible um okay let's see if we have any comments on that particular case um let's see uh I am legal says how do you spell three guns thousand rounds of ammo uh threat to commit murder uh suicide by cop yeah that's exactly what this was us sixth sense says nice to know there are people in the chat that actually know the law very cool indeed sixth sense I I agree as well um that's one of the reasons why I really like doing the show live is uh the people who join in the show um are um really ask good questions and a lot of times um even more so than asking good questions have really good answers and comments for some of these things um uh so just so you know after this case um other things in New Mexico but the governor of New Mexico Michelle Lujan Grisham um uh wants to call a special session to make stronger gun laws um and I'm just going to ask the question that I think people should be asking their lawmakers not just in New Mexico or because this is happening in a lot of places what gun law could have been in effect that would have prevented this if you could give me that answer don't just say we want stronger gun laws again that's very general that's just like saying like we want stronger drug laws again to me that isn't that interesting tell me what you want to do tell me what the exact law is and then reasonable and honest people on both sides should be able to ask questions and and really dive deep into these really important issues but I'm not sure what stronger gun law would have prevented this in the first place now parents who own a house who have a kid who's living under their roof yeah that's your house you are in control you don't have to worry about the Constitution you don't have to worry about any of that [ __ ] you are the parents you are in charge you are the owners of that home you have [ __ ] domain over what happens inside that house so um if anything I'm gonna say that my opinion is if anything it's like that's where the enforcement have to be individuals controlling what happens inside of their own house I think it's more difficult on a larger level for governments to do it but I'm open to suggestions so I'm not saying I don't want stronger gun laws I'm saying I just want to know what the idea is tell me what the idea is I said is that stronger gun laws it's kind of like a vague philosophy and it's not very interesting because I don't know what that means tell me what the law is let's see what it is and tell me based on Research what do you think that law is actually going to do let's have had that conversation I think we should all be willing to have that conversation not just on guns but on all kinds of issues all right one more comment and then we're and then we're gonna take off for the day uh let's see uh I am legal says my very first visit to your channel but not my last for sure an actual intelligent discussion that's what we're all about I am legal okay see really enjoyed um really enjoyed your comments please make sure that you subscribe um obviously uh let's see Steve says we would already have been uh loaded onto train cars if this nation was not armed yeah so Steve I I agree again I I preface this by saying that I'm I'm a pretty strong uh Second Amendment guy um you know I I I'm not I'm trying to be reasonable and honest and saying that I lean towards um that I don't think any stronger gun laws would have fixed this um so that that's my bias that's my not even advice like that's my position on it but I want to hear the discussion I would like to hear both sides I would like to hear the other side say hey this is the law that we want this is what we think it will do um it's in in line with the Constitution because of these cases like give me that and then let's look at that and have a reasonable conversation I'm all up to have the discussion and the debates um but again uh in general I'm I'm more uh far more uh pro-second Amendment um than a lot of people might be especially um compared to Michelle Lujan Grisham the governor of New Mexico okay all right that that's going to be at six cents have a good one all right so that's going to be it for today um I really appreciate everybody coming into the show um again we had a really really good discussion really like the comments um just so you know as the week goes on um if you do leave comments or you have cases or questions um or things you want me to cover next week definitely put it in the chat I do go ahead and check it pretty much all week long so if there is something in there definitely do that um if you haven't subscribed to our Channel please go ahead and do that and almost more importantly than that uh share it with your friends on your social media accounts so we can get um as many people in here as possible and again my name is Daniel you can go ahead and follow me everywhere over at police law news um I hope everyone has a great weekend and stay safe
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