Criminal Lawyer Reacts to Tay K (The Race Reaction & Case Analysis)

the best thing and i've said this from the beginning the best thing any definition can do at least in the outset is just keep your mouth shut hello my name is bruce rivers and i'm an expert in criminal law that means i'm board certified as a criminal trial specialist today we're going to be talking about tk's case and his song the race and i want to apologize to my followers because we didn't realize that this thing was going to blow up to what it is i want to assure you that we're going to go forward with uh more frequent commentary and analysis of some of these cases now let's start off by looking at a news report of the initial incident that leads to our analysis of tk's case or you will only see here at this hour a teenager wanted for a murder in a violent robbery back in front of a juvenile court judge today after months on the run i'm doug dunbar and i'm kelly o'kelly taymor bakken so they don't connect a person to those actions and it's it's not just humanity there's no empathy richard and roberta walker's son ethan was the victim in a mansfield murder mcintyre is charged with after he was first arrested last year a juvenile court judge released him he cut off an ankle monitor and has since been connected to more crimes including a violent robbery in arlington it did not surprise me in the least when we got the phone call that these two guys had cut their monitors and were in the wind his capture has almost boosted his popularity on social media twitter posts from fans now include the hashtag free tk they are t-shirts for sale for 35 to 45 dollars with the same slogan angry he was ever released the walkers say they are confident that now mcintyre will stay locked up but the online reaction highlights their concern with young criminals even beyond their son's case i think lately we've been just going nuts with it and i think our kids are killing each other and killing themselves and it's more it's not just a matter for the justice system and mcintyre okay so whatever support tk thinks he's getting by by the social media which is remarkable in in any respect but it has zero impact on his criminal case in terms of uh a defense might be able to raise some money for it i mean maybe i don't know if he's doing that or not but by putting out a video and talking about it we talked about this with mellie it is a form of self-snitching and it is anything he says in the video can certainly be used against him if he goes to trial one of the things that happens in a criminal case uh when you are charged you get to court and then the court determines whether or not to release you pending charges in in a lot of federal cases there's a presumption that you are detained well he was uh released on an ankle monitor and then he caught it off and when you cut that off you all of a sudden become what they call a risk of flight there's two things the court uses to determine whether or not to either impose detention or high bail and the one is risk of flight and the other is harm to the public and when you've got a murder case your conditions are going to be extremely high uh just because of the danger factor but then you also have when somebody cuts their ankle monitor off you've got a situation where uh they're a risk of flight they were demonstrating in the rescue and in this case he did he fled and so that's why he's being held without bail the fact that he's a juvenile doesn't matter and in some cases even juveniles don't get the option of bail but he's being held as an adult so he'd be entitled to bail but the bail in this case they initially set what they were you know reasonable conditions of release and put him on the ankle monitor well now the fact that he he cut and run and then made a song about it and put it on the line i just you know this wouldn't be a client something i would tell a client to do and um it all only only does a disservice to the system and to himself because now if you run why'd you run it's what they call consciousness of guilt so in this case uh kk was charged initially in texas he cut off his ankle monitor and fled he fled to new jersey and when he fled in new jersey that's when he put things online and did his song and when he did that he violated the conditions of his release so the texas authorities would ask for a warrant and then they would go to the governor of texas and ask for an extradition warrant so that warrant goes out nationwide if he's ever picked up which he was in new jersey um then they have a hearing where they determine whether or not they're going to honor the the extradition warrant out of texas and two things can happen you can either wave extradition or you can have an extradition hearing and generally speaking unless you can absolutely prove that that the person in the warrant isn't you um which didn't happen in this case generally speaking it's a feudal effort to fight extradition well let's take a look at the video that we've been talking about and see what problems we can see how this would affect take kk going forward [Music] well to start off with we see that he is got a wanted poster his own wanted poster at the top of his video okay now if i'm a judge and we and we have to as a criminal defense lawyer you have to think about what the judge is going to think when i see and i guarantee the judge saw his own wanted poster in that video that's flaunting uh authority in other words i'm on the run here's my poster catch me if you can well i'll tell you something that just does not help him when you're trying to make a bail argument all right he's talking about popping somebody and then go on his way as i said in mali because he said almost the same almost identical words in mali he he's he's talking about shooting somebody and then going on the run those are his own words and an own defend you know a defendant's own words can be used against him in any proceeding including a bail hearing and including in your substantive trial so i'm telling you i'm gonna i shot the guy and i'm on the run and if i'm the prosecutor i would say well thank you very much for aiding in your own prosecution if i'm the defense lawyer i i just wring my hands because there's nothing you can do with that rob i mean he's talking about robbing people and again he's inculpating himself in other words he's he's saying he's done this and done that and it doesn't sound like like art you know i mean sure it's you can tell it's a song and everything but it doesn't sound like art because the context in which this is made is he's on the run and he's on the run for this case and in the song he's talking about this case so it doesn't sound like like he's just waxing philosophically [Music] he's talking about chopping up people and making them into a fish fillet again another reference to violent crime something you know you don't want your client to be on social media like this you don't want your client to give the prosecution all they need to basically convict you um you know i can't tell you how many times i've had young defendants whether they're rappers or otherwise who all of a sudden they're identified on social media by holding up bands and firearms especially when they're prohibited from having firearms [Music] again in his [ __ ] face i ca i just can't tell you how idiotic is for this kid to get up there and say this it's just more self snitching but you don't want to go that way you gotta go that way you get robbed for your wreckage you gotta go that way boy you know i'm gonna be heavy [Music] here's the thing if you look at the video there's all kinds of people around and it's probably a very low uh uh production value whatever it's organic it looks you know kind of neat and there's all kinds of people around but the sad thing about it is is that this kid was on the hook for a murder case and all these people around him are glorifying it in a sense but they all went home and now he is stuck in an adult facility uh awaiting what could be a life sentence so the gravity of it is being also flaunted by this guy and when you go to trial and the prosecutor gets up and he talks about somebody who died and then they play this video about he flaunts the death that has a powerful impact on a jury your boyfriend all the guns all the drugs it it shows that he's got access to weapons obviously it shows that he flaunts his you know author the authority uh wants violence in the face of authority especially while he's got this case pending you know one of the things you tell your client number one if they call you before the police talk to them you tell them don't talk to the police and don't talk to anybody else you don't want any statements out there this is exactly what you don't want your client to do i mean he almost it's almost like he he acts out the crime throughout the video and it's like and he's got a gun in his hand throughout the entire video which i guarantee you is another violation of his conditions of release i didn't beat the case i did the race what he's basically saying there is he didn't beat it yet and he's not and he went on the run and when you go on the run they can use that as what they call a consciousness of guilt and i guarantee you when he doesn't wind up going to trial that's exactly what the prosecution will use it as [Music] then he takes off in a corvette and i guarantee you that's likely the last time he'll be in a corvette if i was his lawyer which i'm not and i'm not soliciting him for the case by any means but this is you know social media that we're on and so we're talking about what what what would be the best thing for his lawyer to tell him at this point well we we try to play up that he's uh these that he panicked um that he's a young kid and that everything in this video was part of art and he and you could say that he was um commenting on society in general and not necessarily about this case you'd have to make some kind of argument like that um and then you'd have to tell him to not talk to anybody in jail because i guarantee you that's what he's doing he's he's he's hopefully isolated from other defendants in jail but what the prosecution will do and you have to think like a prosecutor but in the name and i don't know what the strengths or weaknesses of his case are because i don't know i haven't read any reports and i don't know i just know what i've seen on online and i've seen what the video is but i would you know the prosecution and all and we'll try to get snitches uh in jail to have him you know confirm you know the video so when you when you're sitting in jail awaiting a long you know delay because in this covid era there's no trials going on so so you're sitting for a long time um other other defendants that are sitting in jail will try to snitch and so they'll be your buddy they you know you go to lunch and uh they read your paperwork if you left your paperwork in your cell and then often they know everything about your case then they call their lawyer and then they call the prosecutor and say hey he told me this he told me that and before you know it um not only have you snitched on yourself but your inmates have also snitched so the best thing and i've said this from the beginning the best thing any definite can do at least in the outset is just keep your mouth shut thank you for watching we'll have more of this type of analysis and some more in-depth analysis like you to go ahead and like and follow um we're also on instagram bruce rivers and facebook rivers law office so hope to see you soon sign up and see at the next one

Channel: CLR Bruce Rivers

Views: 1,005,324

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Id: FvIvkk8evVY

Length: 15min 40sec (940 seconds)

Published: Wed Dec 23 2020