Law enforcement officers have discretion in determining appropriate responses to violations, considering factors such as the individual's background, cooperation, and circumstances, rather than automatically issuing the maximum penalty. In this case, MTA Police issued a violation instead of an arrest for trespassing on railroad tracks because the individual had no criminal record and cooperated with officers, demonstrating that legal consequences can be mitigated based on personal circumstances and behavior.
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'My name is Sunny Hostin…': Bodycam shows 'The View' host confronting officers during son’s citation
Added:Hi. How are you?
>> [music] >> How are you?
This is my son.
>> Hi. How are you doing?
This is my job, sir.
>> He was walking along tracks.
>> He was on a run, on a walk, and gate was open. I was like, "Oh."
>> Sounds Sounds like honest mistake.
>> He was supposed to follow with me.
>> Footage released by MTA police from the June 16th incident shows Sunny Hostin arriving within minutes after her 24-year-old son, Gabriel, was stopped near Metro-North tracks in New Rochelle.
In the recordings, she identifies herself as a co-host of The View and a former federal prosecutor and describes her son as a Harvard graduate with no criminal record who teaches fourth-grade geometry.
"My name is Sunny Hostin, and I'm one of the co-hosts of The View, and I'm a former federal prosecutor," Hostin tells an officer in body cam video obtained by media houses. After arriving at the scene, Hostin continued making her case.
>> Hi. How are you?
>> How are you?
This is my son.
>> Hi. How are you doing?
This is my job, sir.
>> He was walking along tracks.
>> He was on a run, on a walk, and gate was open. I was like, "Oh."
>> Sounds Sounds like honest mistake.
>> He was supposed to follow with me.
Actually, I'm a former federal prosecutor. He knows. He's a Harvard grad. He teaches fourth-grade geometry to kids.
>> God bless him.
>> This is not a kid who's ever in trouble.
It's an innocent mistake. I understand you have to >> Yeah, it's not the end of the >> It's >> It's not the end of the world.
I got you.
>> Officers in the footage explain that trespassing on the tracks is technically arrestable, but that they issued only a violation due to his cooperation and background, while noting surveillance cameras and policy required them to proceed with the citation.
"That's my son. He's a Harvard graduate.
He doesn't have a criminal record." she says. "He's not a kid who's ever in trouble. It's an innocent mistake."
According to records obtained by media, Gabriel Hauston was stopped by Metropolitan Transportation Authority Police shortly before 8:00 p.m. June 16th after officers observed him on the Metro-North Railroad right-of-way at the New Rochelle station.
>> Where were you exactly Where'd you go?
You were like over here.
>> So, yeah, there's like an open gate. I think I was walking over there.
>> Just walking. Nice day.
>> I had a big interview today. We're talking about it.
>> Got you.
Did you guys uh the sergeant say anything called up for backup?
Well, we just heard Oh, we just heard it come over, you know.
>> We were We were up by Scarsdale.
>> Oh, we just take a walk then.
>> Drive by was >> I know sometimes seems like overkill, you know.
>> It's like, "Oh, this is some entertaining stuff happening. Let me go check it out."
>> It's just situations. They're not always like you. So, sometimes the situations go a little the other way. They're not so compliant like you are. So, it's better to be safe than sorry, you know what I'm saying?
Yeah, I'm saying you're good good guys.
>> Police alleged he was trespassing in an area marked with no trespassing signs.
An MTA Police spokesperson told media the 23-year-old was observed running near an electrified third rail before officers stopped him near Commerce Drive, conducted a criminal background check, and escorted him from the area.
Because Hauston had no criminal history and cooperated with officers, police said he was issued a summons for trespass and released.
The body cam video shows Gabriel Hauston asking officers whether issuing the summons was necessary.
>> Hi. How are you?
>> How are you?
This is my son.
>> Hi. How are you doing?
>> We were walking along the tracks.
>> I was on a run on a walk, and the gate was open. I was like, Sounds Sounds like a god. It's just >> Actually, I'm a former federal prosecutor. He knows. He's a Harvard grad. He teaches fourth grade geometry to kids.
This is not a kid who's ever in trouble.
It's an innocent mistake. I understand you have to >> I don't know what happened, but yeah, what happened?
>> It's >> It's not the end of the world.
I got you.
Where were you exactly? Where did you go? You were like over here?
>> So, yeah, there's like a open gate. I think I was walking over there, and >> Just walking. Nice day.
>> Yeah, we were we were talking.
I had a big interview today. We're talking about it.
>> Got you.
Did you guys uh the sergeant say anything called out for backup or >> Well, we just heard Oh, we just heard it come over, you know.
>> We were We were up by Scarsdale.
>> I know sometimes it seems like overkill, you know.
>> It's like, "Oh, this is some entertaining stuff happening. Let me go check it out." Like, I don't know what >> situation They're not always like you.
So, sometimes the situations go a little the other way. They're not so compliant like you are, so better to be safe than sorry, you know what I'm saying?
You know what I'm saying? You're a good good good guy, so >> You live in the area?
>> Yeah, we live on >> Oh, okay.
>> We used to live in Purchase and we just moved here.
>> Oh, okay.
I heard that.
>> So, we're new new to the area.
Which is why he's >> Right.
>> making mistakes cuz I don't think I did anything that's illegal to come to this, so >> It's a lot of work here, especially with the construction.
>> I understand.
>> Can you show me your driver's license?
Give me your driver's license. Your option.
>> Yeah. Um >> Phone number. This is just so the court can remind you.
>> That's it.
>> If you want to get >> Yeah.
>> Okay, what's your phone number?
So, this is going to be your copy, okay?
So, basically um you have to show up Friday, July 10th at 9:30 a.m. It's going to be to the New uh New Rochelle Municipal Court, so you have to be in the New Rochelle.
Um and then you have to pay the surcharge.
It's unfortunate, I get it. I know you're upset.
I'll be more than happy to take your personal information.
>> leaving the property.
>> Is there any reason Also, questions.
Where do I stand with my landlord?
>> You can call them and they can do your assessment.
>> We call them a homeowner.
>> It's a private property.
>> Right.
>> So, what are you misunderstanding about the violation?
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