Neighborhood Bully Faces Reality Check After Racist Outburst | Bodycam Analysis

本站添加: 2026-05-14

[00:00:00]Did you threaten them with a weapon of any sort?

[00:00:02]>> No.

[00:00:03]>> Did you point a gun at anyone?

[00:00:05]>> There's footage of everything that happened and that's why you're going to jail tonight.

[00:00:08]>> When do I go home? I don't understand how to >> Can a firearm pointed but never fired earn a felony conviction? Can a single phrase turn a neighborhood dispute into a hate crime? In one Washington apartment, the answer to both was yes, and the price was steep. This analysis examines the controlling statutes, the constitutional doctrines, and the evidentiary decisions that secured the conviction.

[00:00:33]>> Thank you.

[00:00:34]>> Hello.

[00:00:35]>> Hello. What's going on?

[00:00:37]>> Do you see Spanish?

[00:00:38]>> Nope. What's going on?

[00:00:40]>> My neighborhood in the first floor in this moment. Um, >> is it 204?

[00:00:49]>> You know, that's right there. I guess >> it's a it's in my >> um they treating us with a with a gun for for what reason?

[00:01:07]>> Um what happened prior to that?

[00:01:09]>> They spit on the front door um for no reason. And when my parents go to their apartment, there they had a gun and they ran us with a gun. Uh, >> do you know the language line? Phone number.

[00:01:29]>> I don't generally trust the family translators.

[00:01:35]>> I don't think it was a big deal if it's not like you're not suspect's like sister to translate.

[00:01:41]So, just to confirm, it was the female of the apartment that had that had the gun and pointed it at the female here.

[00:02:01]And did she verbalize did did she verbalize any threats when she pointed the gun at her? Did she threaten to shoot her? Did she threaten to kill her?

[00:02:20]Yeah. She said to us, "Do you Latin were going to kill you?"

[00:02:24]>> Okay.

[00:02:26]>> And that and that was after they had spit on their door handle.

[00:02:35]>> So, did did they see him spit on the door handle?

[00:02:43]>> Okay. Thank you for your help. I'm going to we're going to have to work on some stuff here for a little bit, but uh I appreciate your help.

[00:02:49]>> Thank you. If that's all for interpreter, thank you for using our services.

[00:02:53]>> All right. Thank you. Bye-bye.

[00:02:54]>> Harassment.

[00:02:55]>> Yeah, I mean claims that she claims that a nail spit on their door handle, >> made some racially derogatory comments towards them. And then when she was asking why they did that, the girl came out with a gun and said that she was going to kill you Latin racially.

[00:03:19]>> Check with Warpin if he wants to try and do a call out or just we have her identified. And >> well, I'm just going to call her.

[00:03:26]>> Yeah, they live each other.

[00:03:28]>> Are are they live? They live right next to you or they live above you?

[00:03:32]>> Below below you.

[00:03:34]And the first >> So they live under ground and then you live on the main >> floor and us.

[00:03:40]>> So like this one right here, you live up the first steps >> and they live down.

[00:03:45]>> Yeah. Okay.

[00:03:46]>> So we're we're going to be trying to contact the person with the gun.

[00:03:50]>> We can just hang.

[00:03:51]>> Is there a way if you guys can just maybe park your car somewhere up there while we're dealing with this? Just maybe park it another block up so you're not right in front of here.

[00:04:00]>> Is that okay?

[00:04:02]>> Okay. Yeah. cuz we're going to be here trying to see if she'll come out and >> let me pull the >> I mean, if if that's your protocol.

[00:04:10]Otherwise, I mean, we're just trying to see if we can handle this just by talking her to come out and >> whatever she's doing.

[00:04:16]>> Yeah.

[00:04:18]>> I just want you guys to just move somewhere cuz you're right in front of where the the people are.

[00:04:22]>> Sounds like a culmination of I don't know. I guess there's a bunch of noise complaints in the history from 104. So, I don't know if this is uh stuff coming to a head from a year's worth of neighborly problems or whatnot. These people say that they've never had any of their own problems. You know, they've never caused any issues. Um today, they observe the male hat that's in there apparently spit on their door handle. Uh they went out and confronted him about why they did that. He said, "Because they're basically because they're Mexican or Hispanic Latin." Um, and then while they were in an argument about that, the female came out with a black handgun and pointed it at the male victim and said she was going to kill them because they're Latin.

[00:05:15]>> So, almost like a malicious harassment type deal as well.

[00:05:20]>> So, they're in 102.

[00:05:21]>> They're in 104. So bottom >> suspects on the bottom.

[00:05:26]>> Suspects are on the bottom level victim live right above them. We have the victims over there. She has a phone number in Stolman. So >> okay, we can try. We can call it and say come on out. We're not going away. Need to deal with this now.

[00:05:40]>> What's her name?

[00:05:42]>> Isa Easton. Did she witness any of this?

[00:05:46]>> Did you see any of this?

[00:05:48]>> Yes, >> you did see it.

[00:05:50]>> What did you see? The only thing I saw that they were well the guy was walking to our door and then he just spit on a door.

[00:05:58]>> Was your front door open when that happened?

[00:06:00]>> No, it wasn't open.

[00:06:01]>> So, how did you guys see that?

[00:06:03]>> Oh, because it was we were like right my mom was coming down and they were like going but then when they saw us they went up and then they start then spit on the floor.

[00:06:13]>> So, where were you guys at? Were you outside? Yes, we were all tied and then >> cuz it made it you may I'm still I'm still a little bit confused. So maybe you can clarify this for me. Okay. So in this entire interaction that's happened, >> were you guys inside your apartment or you were in the parking lot?

[00:06:32]>> We were We were out >> in your in the parking lot.

[00:06:36]>> Okay.

[00:06:36]>> And you just saw those people walk up from their apartment unit.

[00:06:41]>> Yeah.

[00:06:41]>> Up to your door.

[00:06:42]>> Yes.

[00:06:43]>> And you watched them spit on the door handle. Yeah.

[00:06:46]>> So then you came over and confronted them about that. Is that what happened?

[00:06:52]>> Yes.

[00:06:53]>> And then what? And then he said the guy said something about >> spitting on the spitting on the door because they're Latino.

[00:07:01]>> Yeah. We were Latin. And then they said that we were gross.

[00:07:05]>> Mhm.

[00:07:06]>> And Yeah.

[00:07:09]>> Okay. And so at that point, where are you guys all standing during that? I was thinking outside >> outside like on the curb in front of the building.

[00:07:18]>> Yes.

[00:07:18]>> In front of the building.

[00:07:19]>> Okay. And so and and so from there where did you guys go?

[00:07:23]>> Then uh we came to our card and then Yeah. Then my mom Well, they both go to their apartment and then they knock on the door and tell them.

[00:07:34]>> So you guys went to your apartment?

[00:07:36]>> No, we went to >> Okay. So you said they So they is them.

[00:07:41]>> They went to their own apartment. Yeah.

[00:07:43]>> You're still standing out in the parking lot?

[00:07:45]>> Yes.

[00:07:46]>> And then what happened?

[00:07:47]>> They um opened the door and then they pointed us with the gun.

[00:07:51]>> Okay. Where were they standing when they did that?

[00:07:53]>> They were standing in front.

[00:07:59]>> Yeah. From her door that she pointed at us with the gun.

[00:08:02]>> And then what did she what did she say when she said she threatened her?

[00:08:06]>> She said, "Um, we're going to kill you and you're disgusting."

[00:08:10]>> That's when she had the gun.

[00:08:11]>> Yes. Have you have you guys had problems with them over the years? Yes. And what are the nature of the problems?

[00:08:16]>> Um there start >> noise complaints complaints.

[00:08:20]>> What is the complaint? That you guys are too loud?

[00:08:22]>> Yes. And then when we're too loud, they just bang on the in the on the door.

[00:08:28]>> Okay.

[00:08:29]>> So on the floor.

[00:08:32]>> And you said it's a black handgun.

[00:08:35]>> Yes.

[00:08:35]>> Okay.

[00:08:36]>> All right. Just keep waiting.

[00:08:38]>> You're under arrest and we have reason to believe you have a weapon on you. If you fail to comply, we're going to shoot you with a 40 mm. It's going to hurt.

[00:08:44]Walk backwards.

[00:08:48]>> Nope.

[00:08:49]>> No.

[00:08:50]>> Because we're investigating a gunrelated crime. We don't want to get hurt. We don't want you to get hurt. So, walk toward us.

[00:08:56]>> Hey, keep your hands up. If you don't follow our directions, we cannot guarantee your safety. I believe you have a firearm on you.

[00:09:04]>> Do not reach for anything.

[00:09:05]>> Hands up. Hands up in the air.

[00:09:09]Put your hands on top of your head.

[00:09:12]>> There you go. Watch backwards.

[00:09:16]>> I realize you got sandals on. It's hard.

[00:09:18]Turn around. Face away from me.

[00:09:20]>> Put your hand top of your head.

[00:09:27]>> Put your hands under. Put your phone in your pocket.

[00:09:31]>> No, you're under arrest.

[00:09:34]Second degree. Melissa FZ.

[00:09:37]Yes.

[00:09:42]>> Okay. Well, we're gonna we're gonna answer all the questions.

[00:09:46]>> You have the right to remain silent. So, >> just want to go talk to him.

[00:09:53]>> You can go talk to him now.

[00:09:55]>> Come on. Come back here.

[00:09:56]>> All right.

[00:09:57]>> Everything's being audio video recorded.

[00:09:58]Do you live in the apartment with her?

[00:10:01]>> Okay. So, we're here. We're investigating a dispute between you guys and a neighbor.

[00:10:07]>> Pat your pockets. Okay, bud.

[00:10:08]>> In that dispute, it was alleged there was a gun that was used in a crime.

[00:10:12]Okay.

[00:10:13]>> So, what we would like is permission to go inside of the apartment and recover that gun. You have a right to refuse that permission. And if you do, we are going to ask a judge for consent for a search warrant. So, it's entirely up to you. We can ask the judge or we can make it a lot easier and quicker, but it's entirely up to you and her.

[00:10:35]>> Um, I think she should make that choice.

[00:10:39]>> Okay. So, we'll talk to her first, but we're going to need your your decision as well. So, we'll ask her first and then go from there. Okay.

[00:10:46]>> Read your rights and if you haven't been told, you're being recorded. Okay. You have the right to remain silent.

[00:10:50]Anything you say can and will be used against you in a court of law. You the right at this time to talk to a lawyer and have him present with you while you're being questioned. You cannot afford to hire a lawyer. One will be appointed to represent you before questioning if you wish. You can decide at any time to exercise these rights and not answer any questions or make any statements. You understand each of the rights >> as I have explained them to you. So, do you wish to talk to us understanding your rights?

[00:11:11]>> The principal charge arose under Washington Revised Code section 9A.36.021 subsection 1 paragraph C. This statute defines assault in the second degree to include assaulting another with a deadly weapon. Under Washington case law, assault is satisfied by placing a victim in reasonable apprehension of imminent harm. The firearm need not discharge and no physical contact is required. The intentional act of aiming a loaded handgun at an identifiable victim paired with a verbal threat completes every element. The offense is a class B felony carrying a maximum sentence of 10 years and a fine of up to $20,000.

[00:11:51]The bias element triggers a second statute. Washington Revised Code section 9 8.36.080, the hate crime offense. A person violates this section who maliciously threatens another and places them in reasonable fear because of the actor's perception of the victim's race, ancestry, or national origin. The reasonleness test is measured from the perspective of a reasonable person sharing the victim's protected status. A racial slur uttered while brandishing a firearm satisfies the objective fear standard without further proof.

[00:12:22]>> Okay.

[00:12:23]>> So, okay.

[00:12:23]>> Have you been told what you're being >> No, I haven't.

[00:12:26]>> Okay. Officer Shaw will give you the lowdown.

[00:12:31]>> Okay. So, you have you have no idea if you're being recorded, by the way. You have no idea why we're here. Is that is that the case? Did you have any sort of interaction earlier within the last hour with anybody >> that would lead somebody to call 911?

[00:12:46]>> The neighbors were yelling and screaming.

[00:12:47]>> The neighbors were yelling and screaming.

[00:12:49]>> They spit on our doororknob. We literally just cleaned it.

[00:12:51]>> They spit on They spit on your door knob.

[00:12:54]>> Yes.

[00:12:54]>> We just cleaned it. You could smell the chlorop.

[00:12:57]>> So, can you tell me about that interaction or what happened?

[00:13:00]>> Um, we were like my car is the gray one right there.

[00:13:03]>> Okay. The >> Yeah. Okay.

[00:13:05]>> So, we were going inside and they started walking or there's >> You're going inside from your car?

[00:13:10]>> Yeah, we just went home cuz I was getting food.

[00:13:12]>> Okay.

[00:13:12]>> Their car is somewhere over there. I don't know.

[00:13:15]>> It's like a blue one.

[00:13:17]>> I I don't know. There was just a girl standing outside by >> So, you saw the car.

[00:13:22]>> Well, I just saw I knew that it had to Anyways, so um >> can I like point Sorry, I'm just I'm with my hands. Um, so we were walking >> down those little stairs and um >> to your unit.

[00:13:37]>> Yeah. And I was going like already down the stairs of my apartment.

[00:13:42]>> Uhhuh.

[00:13:42]>> And they were coming down their stairs cuz they have to come from above, you know.

[00:13:46]>> Mhm.

[00:13:47]>> And um apparently they bumped into him and um >> they bumped into who?

[00:13:52]>> Uh Jason.

[00:13:54]>> Jason. Okay. So they bumped into him and they're like he said uh sorry he said they could have said excuse me and I turned around and said excuse you and I went inside >> and then um he went outside I I'm just eating my food which is still on the table and um I hear them like the guy come to the door like like you know making that noise the spit and I see him like bending over spitting and the neighbors have a camera you You could see us sitting and I literally was telling him like, "Get away." And they're yelling and cursing and like talking in Spanish.

[00:14:33]>> I don't even know what they're saying.

[00:14:35]And then they started like she started recording me. She Oh, I just saw her phone.

[00:14:40]>> Where were they at when this is happening?

[00:14:42]>> Um like the where the stairs meet the >> Okay.

[00:14:47]>> Okay. So then what happened?

[00:14:50]>> I was telling him to do it again cuz they were spinning. I'm like, "Spit again, please. Spit again."

[00:14:55]>> The door was open when this happened.

[00:14:57]>> Yeah, cuz they were they're being recorded. I'm like, "Spit again, please."

[00:15:00]>> Uhhuh.

[00:15:01]>> And I just close the hole and move inside cuz she started like pulling her phone out after she spit on my door or she did.

[00:15:09]>> Okay.

[00:15:10]Did you make any threats to them at all about what you would do if they kept spitting on the door? Did you say you kick their ass, kill them, shoot them, anything like that?

[00:15:21]>> I'm fine. He's a grown man.

[00:15:23]>> It doesn't I mean that's neither here nor there.

[00:15:25]>> Did you think about calling 911 when this was going on?

[00:15:28]>> I told Jason to, but he said like there's no point cuz they were already calling.

[00:15:34]>> Okay.

[00:15:34]>> You could hear them outside.

[00:15:35]>> Did you threaten them with a weapon of any sort?

[00:15:38]>> No, they were just over here yelling at us and screaming.

[00:15:41]>> Okay. Did you point a gun at anyone? Do you own a gun?

[00:15:44]>> Uh, yes.

[00:15:45]>> Wh which before you continue, which neighbors do you say had camera that would have seen this? Um, next to you.

[00:15:53]>> Yeah.

[00:15:54]>> So, what unit would that be?

[00:15:56]>> Um, 103.

[00:15:59]>> 103.

[00:16:00]>> Okay.

[00:16:01]>> Yeah. So, she wants to do a secondary search where she wants to Why you calling me?

[00:16:25]Four constitutional doctrines governed the officer's conduct. First, Graham versus Connor decided in 1989. The Supreme Court held that the use of force is judged under the Fourth Amendment by an objective reasonleness standard from the perspective of a reasonable officer on the scene. Here, officers had probable cause to believe the subject possessed a firearm. The threatened deployment of a 40mm sponge round used as a warning rather than a strike represents proportionate force under the Graham framework. Second, Payton versus New York decided in 1980 a warrantless arrest inside a private residence is presumptively unconstitutional absent exigent circumstances. Officers avoided this issue by inducing the subject to exit the dwelling before affecting custody. Third, Miranda versus Arizona decided in 1966 custodial interrogation requires the standard warning before any statement may be used in the prosecution's case in chief. The on camera advisement was complete and predated questioning satisfying Miranda in full. Fourth, Schneckloth versus Bamante decided in 1973 a consent search must be voluntary under the totality of the circumstances. Officers described the option to refuse, declined to coersse a yes, and pivoted to a search warrant when consent was deferred.

[00:17:45]United States versus Matlock from 1974 supplemented this framework when officers obtained consent from the unit 103 resident to review the doorbell footage. Hey, >> the usual kind of way to do it.

[00:18:08]>> I can bring you back a case if you want to hang out.

[00:18:11]>> Did you say there's something you wanted from your place?

[00:18:13]>> Am I leaving?

[00:18:14]>> Uh, yes. You're going to jail. So, >> I can ask your uh >> Can I get a jacket? I can ask your friend to get some stuff for you and you can bring it to my car since we'll be there for a second.

[00:18:26]>> So, she have a jacket or something that are going with the hood.

[00:18:31]>> Yeah. So, we we have, you know, footage of everything just so you're aware that you know we >> there's footage of everything that happened and that's why you're going to jail tonight.

[00:18:40]>> Okay. So, um when do I go home? I don't understand how to >> you you'll see a a judge and you know you'll know what you're being charged with and then they'll either deny you a bail or they'll give you a bail and if you post it you go home until the ne you know the next trial date or court scheduled date.

[00:18:58]>> So the only way I go home is bail.

[00:19:02]>> Sometimes they just let you out without bail and just if you've never done anything before they might just you know say make sure you come to your court date warrant will be issued for your arrest kind of thing.

[00:19:14]Um, dead green. Um, should I cheat my phone? Like, >> it's up to you. I mean, I can I can take it and turn it off so that way when you get released, you'll have they'll give you your phone back.

[00:19:24]>> I think I'll say that real quick.

[00:19:28]Someone open this door.

[00:19:42]>> You also have her phone. She'd like to take that with her.

[00:19:51]>> Can I put on my JPEG?

[00:19:53]>> You want to wear one?

[00:19:55]>> Yes. I mean, I can put it on your >> kind of here on top.

[00:20:00]>> You want me to call your sister?

[00:20:10]>> You want it around your back or just on your lap?

[00:20:13]>> Um, I like it. Well, I don't know that.

[00:20:19]>> Um, call my sister.

[00:20:23]>> 323.

[00:20:25]Williams will make a phone call.

[00:20:27]>> And so if you want to get her phone, I'll I'll turn it off, but that way she'll have some battery when she gets out.

[00:20:46]>> Call her phone.

[00:20:47]>> Well, she wants her cell phone is Do you know where it is?

[00:20:50]>> I haven't.

[00:20:50]>> Oh, yeah. Okay. They'll go there. Okay.

[00:20:52]What's your plan tonight? You going somewhere? Are you going back to your apartment?

[00:20:55]>> Um, I was planning on going to get some pictures done.

[00:20:58]>> Okay. I'm just going to caution you that I know this is it's hard that we're leaving and you're beefing with your neighbors, but if we come back out here again, usually somebody else has to go to jail. So, I'm going to tell them the same thing. Don't talk to each other.

[00:21:10]Don't interact with each other.

[00:21:12]This is now a criminal case and the courts will take it from here. You guys don't have to ever speak to each other again. Okay.

[00:21:17]>> Let's examine the constitutional framework. Two evidentiary moves decided the case. The subject's false denial made after Miranda is admissible as substantive evidence of consciousness of guilt. The third party surveillance footage transformed a disputed account into a documented chronology, and the subject herself volunteered its existence. Grades responding officers receive an A minus for procedural rigor, language access, discipline, and proportionate force. The female suspect receives an F for felony conduct, biased motivation, and self-defeating dishonesty. The male partner receives a D minus for the provocation captured on video. The victims receive an A minus for restraint and cooperation under stress. Lessons. One, a firearm need not fire to constitute felony assault. The apprehension is the harm. Two, derogatory speech alone is protected expression, but combined with a threat and a weapon, it becomes a separate chargeable offense. Three, certified telephonic interpreters preserve evidentiary integrity in a way family translators cannot. Four, third-party video corroboration is the highest quality evidence available in a modern investigation. Five, a suspect's false statement made after Miranda can independently strengthen the prosecution's case. Let us know if there is an interaction or legal topic that you would like us to discuss in the comments below. Thank you for watching and don't forget to subscribe to our channel for more content on police court interactions.