Cop Defends Citizen Against Another Cop!

foreign [Music] welcome to audit the audit where we sort out the who and what and the right and wrong of police interactions this episode covers assault kidnapping and littering and is brought To Us by Auditors of America last days of Freedom's Channel be sure to check out the description below and give them the credit that they deserve on Sunday December 11 2022 First Amendment auditor Jeremiah Payne who had recently lost his apartment and was living out of a motel with his family was pushing a shopping cart and walking to a Springfield Tennessee neighborhood with his wife and five-year-old daughter when the family accidentally dropped a bag of candy belonging to Mr Payne's daughter in front of the home of Metro Nashville Police Department detective William Thorogood who was off duty detective Thorogood believing that the bag of candy was trash informed the family that he was a police officer flashed his badge and asked them to pick up the bag the family picked it up and Mr Payne asked detective Thorogood for his name and badge number then pulled out his phone and began to record yeah it's her candy I apologize what the [ __ ] are you doing sir sir and we're just walking across and I didn't do nothing all I did was stress your name calm down calm down can we please just walk off no stop stop stop take your phone what the [ __ ] is wrong with you dude officer Thorogood orders Mr Payne to put his hands behind his back then throws him to the ground and puts his knee on his neck holding him down for several seconds according to section 39-13-101 of the Tennessee code quote a person commits assault who intentionally knowingly or recklessly causes bodily injury to another intentionally or knowingly causes another to reasonably fear imminent bodily injury or intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative likewise section 39-13-102 of the Tennessee code states that quote a person commits aggravated assault who intentionally or knowingly commits an assault is to find in section 39-13-101 and the assault results in serious bodily injury to another results in the death of another involved the use or display of a deadly weapon or involve strangulation or attempted strangulation while simple assault is a misdemeanor in Tennessee aggravated assault is a felony offense although it is quite clear that officer thoroughgood's attack on Mr Payne constituted a misdemeanor assault as he did not have the probable cause necessary to conduct a lawful arrest his conduct probably did not rise to the level of aggravated assault under the legal definition in Tennessee section 39-11-106 of the Tennessee code defines bodily injury broadly as including quote a cut abrasion bruise burn or disfigurement and physical pain or temporary illness or impairment of the function of a bodily member organ or mental faculty and serious bodily injury as quote bodily injury that involves a substantial risk of death protracted unconsciousness extreme physical pain attracted or obvious disfigurement protracted loss or substantial impairment of a function of a bodily member organ or mental faculty or a broken bone of a child who is 12 years of age or less here the only type of serious bodily injury that could potentially apply to this situation is Extreme physical pain but it seems unlikely that a court would determine that Mr Payne's injuries were sufficiently serious to qualify in the 1995 case of State versus Sims the Court of Criminal Appeals of Tennessee found that a victim did not suffer extreme physical pain when she was struck in the face with a pistol one time resulting in a broken nose a bruised cheekbone two black eyes and a cut across the bridge of her nose in reaching this conclusion the court reasoned that quote we do not believe that the pain commonly associated with a broken nose is Extreme enough to be in the same class as an injury which involves a substantial risk of death protracted unconsciousness protracted or permanent disfigurement or the loss or impairment of the use of a bodily member organ or mental faculty given this precedent it seemed seems doubtful that a court would conclude Mr Payne experienced extreme physical pain in this instance [Music] now the roads your kid doesn't get hit you you assaulted me dude and it's on video yes I was assaulted okay [Music] oh because he just attacked me it's not worth it let's just go my name's William I'm just trying to watch it's away from me stay away from me no we're leaving no no no you're not a cop to detain me for the police officer you are not a cop hey he's trying to kidnap me help yeah hell he's trying to say I'm a kind of kidnapper now he's trying to hold me against my will after allowing Mr Payne to stand up officer Thorogood calls 9-1-1 and repeatedly informs Mr Payne that he is detained and cannot leave in response Mr Payne claims that officer Thorogood is attempting to kidnap him under section 39-13-302 of the Tennessee code quote a person commits the offense of false imprisonment who knowingly removes or confines another unlawfully so as to interfere substantially with the other's Liberty and according to section 39-13-303 quote kidnapping his false imprisonment under circumstances exposing the other person to substantial risk of bodily injury additionally section 39-13-301 explains that quote unlawful means with respect to removal or confinement one that is accomplished by force threat or fraud here it is possible that a court could convict officer Thorogood a false imprisonment or kidnapping for illegally detaining Mr Payne particularly because he did employ Force at the beginning of the encounter however a court could also determine that that officer thorogood's actions constituted the offense of official oppression which section 39-16-403 of the Tennessee code defines as quote a public servant acting under color of office or employment who intentionally subjects another to mistreatment or to arrest detention stop Frisk halt search seizure dispossession assessment or lien when the public servant knows the conduct is unlawful or intentionally denies or impedes another in the exercise or enjoyment of any right privilege power or immunity when the public servant knows the conduct is unlawful likewise section 39-16-402 of the Tennessee code explains the crime of official misconduct stating that quote a public servant commits an offense who with intent to obtain a benefit or to harm another intentionally or knowingly commits an act relating to the public servant's office or employment that constitutes an unauthorized exercise of official power commits an act under color of office or employment that exceeds the public servant's official power refer gains from performing a duty that is imposed by law or that is clearly inherent in the nature of the public servant's office or employment violates a law relating to the public servant's office or employment or receives any benefit not otherwise authorized by law based on officer thorogood's physical attack and baseless Detention of Mr Payne there are certainly arguments to be made that he committed all of these offenses in this house right here off duty Metro the they're coming through and they threw trash in another person's yard then they threw trash in my yard so I confronted him I was actually being really nice to him and his wife and ask him just pick it up and go and then he starts filming me and yelling at me so I pooped and we've gotten a little tussle our videos don't lie because they're gonna say all on video I don't want a prostitute or anything like that I really just wanted to leave I ain't trying to turn this into like a YouTube thing you know whatever he seems like a good guy what's up they know who already does [Music] okay all right well here's what it is just let him do it but you know if you want to go back in your driveway all right sounds good thanks man yep oh because I pulled my phone out and asked him imagine I'm not joking and you can see on the video he charges at me throws me to the ground so I'm putting you in handcuffs said he was going to have him arrested and take him to jail and I'm like so I want to press charges over I have it on video would you like to see it and I don't think yeah we were coming from Walmart I'm just trying to go to the grocery store sorry I'm kind of shaky because I was just really excited well you're fine you don't have to apologize all because I pulled out my phone and said what if you're a cop what is your name all right so I want to find charges okay just stand over here if you guys want to grab this stuff okay bring it over here he's got the whole thing on video Jeremiah was in the street he came over and took the trans behind me back you can see his phone but they weren't on his property when he did that they were in the middle of the street and it's on video he literally adjusted me and I don't know why one of the things you can go about that the wrestling people for no reason I'm just saying that it's on video I mean it's recorded he's got these guys weren't on his property at the time that he just attacked them I don't blame them I listen regardless he should know if you're being reported it's probably gonna go somewhere and they weren't on your property when you just attack them officers Ricardo Brown and Alyssa John Antonio of the Springfield Police Department respond to officer thoroughgood's call and eventually officer Begley also arrives on the scene officer John Antonio explains the situation to him and despite the fact that Mr Payne has the incident on video officer Begley says he believes officer Thorogood over Mr Payne officer John Antonio reminds him that officer Thorogood attacked Mr Payne on a public Street and has it all on video and officer Begley decides to leave the scene can you go back to the beginning I know you said you saw him push the card around here I was in my kitchen area hey guys please I need you to pick up the trash I need you to leave the neighborhood came over and they gave me a bunch of lips so that's when I show my badge I said guys I'm pleased I need to get out that's when he started filming me and you guys picked up from there I'd like to charge him for a prosecute him at this point if he wants to make a deal but I really just wanted to leave the neighborhood they're allowed to be walking on the public road I mean it's not like a gated community it's littering is a crime too yeah I know he's homeless he gets his right but officer Thorogood States he'd like to prosecute Mr Payne if he wants to quote make a big deal about it although he really just wants him to leave the neighborhood and when officer John Antonio points out that Mr Payne and his family are allowed to be on a public Street officer Thorogood argues that littering is also a crime under section 39-14-405 of the Tennessee code quote a person commits Criminal Trespass if the person enters or remains on property or any portion of property without the consent of the owner according to the official property lines as shown on the Tennessee Comptroller of the treasury's website officer Thorogood has no ownership interest in the streets which unsurprisingly appear to be public property therefore Mr Payne and his family were well within their rights to walk on the street and did not have to comply with officer thorogood's demands that they leave the neighborhood simply because he did not want them there as for officer thoroughgood's argument about littering according to section 39-14-502 of the Tennessee code quote a person commits littering who knowingly places drops or throws litter on any public or private property without permission and does not immediately remove it although mitigated criminal littering which section 39-14-503 of the Tennessee code defines as quote littering in an amount less than or equal to five pounds in weight or seven and one-half cubic feet in volume is a Class B misdemeanor here not only did Mr Payne and his family unknowingly drop the bag of candy they immediately picked it up accordingly a court would presumably conclude that there were no viable charges to pursue against Mr Payne and that officer thoroughgood did not even have arguable probable cause for the arrest he attempted on Mr Payne earlier in this encounter do you have an idea anything no I can go get it hey so I guess he's gonna do the report but he went and attacked this guy when he wasn't even on his property like Thurman to the ground and everything and it's all on video you see him leave his driveway and go into the street and then attack Jeremiah yeah it's a problem and he shows his badge and says I'm a cop and everything and he was trying to arrest him in the middle of the street the whole camera like starts shaking and crap his daughters screaming and crying and he said he had his knee on the back of his neck and he wants to prosecute and I truly I don't blame him but because he literally told us I was trying to detain him but I didn't have cuffs on me that's what he said no already uh we're just gonna do a report for this we'll make sure to put everything he said that he dropped trash in your yard you did and I'm sure his house as I'm a studio officer if you want to talk with him you're more than welcome to I I'm going to try to talk him with him again and see if he can probably just Let It Go Hopefully yeah hopefully while officer John Antonio explains to a higher ranking officer on the phone that she may need to make an arrest if officer Brown fails to do so officer Brown tells officer Thorogood that he will file a report and that they can both talk to Mr Payne to see if he's willing to quote unquote Let It Go is your body cam going yes Jeremiah detective William Thorogood with Metro Police okay all right not trying to hurt you don't want to scare you I'm really sorry for the confrontation I had in front of your child okay I feel really bad about that and I just want to apologize to you so I am sorry for upsetting your kid especially around the holiday season so yeah I guess she's never gonna forget that now and she's going to look at cops's pieces because of you you're absolutely right taking that into consideration let me just swallow my pride here and say I'll apologize for upsetting you and your family okay I just didn't like the litter in my yard she didn't mean to drop it but to go to that extent because I pulled out my phone and asked you for your name and badge number really come on now that that that's me I get that no he's right but that's being a tyrant I'll extend my hand to you if you're man enough to shake it oh man enough shaky hands after officer Thoreau good apologizes Mr Payne agrees not to pursue charges and he and his family continue on their way later in an interview with James Freeman's YouTube channel which has also covered this interaction Mr Payne alleged that after he stopped filming officer Thorogood put 80 in cash in his pocket and asked him not to post the video however Mr Payne still decided to post the video that same day and has since posted several update videos to his YouTube channel on Monday December 12th the day after the encounter officer Thorogood self-reported the incident to his supervisor and he was decommissioned and placed under administrative investigation as a result as of the date of this episode no further updates on this investigation have become available two days after the incident Mr Payne went to the DA's office to initiate criminal charges on January 18 2023 a grand jury heard the case against all officer Thorogood for two counts of felony aggravated assault but declined to indict on both charges according to an update video posted on his YouTube channel Mr Payne intends to pursue civil legal action against the Springfield and Nashville police departments overall officer thoroughgood gets an F for attempting to arrest Mr Payne for asking for his name and badge number and using excessive force to do so demonstrating a blatant disregard for Mr Payne's constitutional rights and physical safety and continuing to argue that Mr Payne had done something wrong and that he was the one who could determine whether or not to prosecute although officer Thorogood apologized to Mr Payne for quote upsetting his family he only did so once the other officers informed him that Mr Payne was a First Amendment auditor with an active YouTube channel and it seems clear that officer Thorogood was simply attempting to cover up his own actions officer John Antonio gets an a because although I'm not certain that she would have acted in the same manner if Mr Payne had not captured the encounter on camera in this situation she argued to uphold the law based on the evidence and even stood up to several officers who attempted to take officer thorogood's side now while I cannot know and judge her motives her action in this situation showed that she was willing to do the right thing even if it was just because the incident had been capped on camera officer Brown gets a B minus because although he maintained a professional demeanor throughout the encounter he appeared to be reluctant to arrest officer Thorogood and actively sought to dissuade Mr Payne from filing charges while I'm often in favor of reaching amicable Solutions without resorting to unnecessary criminal intervention in this situation officer Brown's action seemed more like an effort to protect a fellow officer who had just demonstrated a dangerous propensity for the use of excessive force and the abuse of his power and as a law enforcement officer himself I believe that officer Brown had a duty to ensure that officer thoroughgood was held accountable for his unconstitutional and unlawful actions Mr Payne gets an a for standing up for himself and his family capturing the interaction on camera and taking appropriate legal action after the encounter while Mr Payne did lose his temper when talking with officer Thorogood this is more than understandable as he had just been physically attacked and he was well within his constitutional rights to express his dissent strong only I commend Mr Payne for attempting to hold officer Thorogood accountable and I would encourage him to continue his efforts to pursue a civil lawsuit let us know if there is an interaction or legal topic you would like us to discuss in the comments below thank you for watching and don't forget to check out my second channel for even more police interaction content [Music] foreign [Music]

Channel: Audit the Audit

Views: 2,198,550

Keywords: amagansett press, first amendment audit, 1st amendment audit, auditing america, news now california, sgv news first, high desert community watch, anselmo morales, photography is not a crime, san joaquin valley transparency, first amendment audit fail, walk of shame, news now houston, police fail, 1st amendment audit fail, public photography, auditor arrested, police brutality, highdesert community watch, pinac news, cops triggered, news now patrick, east hampton

Id: 5AkYy2so4BI

Length: 19min 17sec (1157 seconds)

Published: Mon Feb 20 2023