Life22

Day 13,507 - What happened to Carlos.mp3
Transcript
00:00:09 Kevin
Hey, gang, Kevin here. Life 22. It's another beautiful morning. While I was doing some of my prep work. I you can hear the birds. Just a chipping away and it doesn't sound like they're muffled by the fall of rain or any of those other things. So.
00:00:22 Kevin
Starting to look like a good sign that.
00:00:24 Kevin
Spring is upon us.
00:00:29 Kevin
So I want to start us off this morning by discussing.
00:00:36 Kevin
Some key terms, as most of you know, our channel has.
00:00:42 Kevin
In the past.
00:00:46 Kevin
Kind of defines some basic terms when it comes to birthright citizenship and things like that, but what I'd like to do is I would like to come on and kind of walk through some basic terms that a lot of people don't know, right, like a lot of people go well, I was assaulted.
00:01:05 Kevin
Were you?
00:01:07 Kevin
Well, that's pretty easy because salt has nothing to do with physical touching, right? Assault and battery is where someone comes at you in a menacing way, threatening to cause harm, or they verbally state that they're going to cause harm. Like I'm going to.
00:01:22 Kevin
I'm going to attack you and then they.
00:01:25 Kevin
Proceed to attack you by making physical contact, at which point you have battery, right? So those are those are some like the basic terms of people like I was assaulted like you were threatened to be hit like no, they touched me like well, OK. So you were battered like that's like.
00:01:42 Kevin
Because you you know if, like, I remember being in high school where somebody standing next to you, like they come up to you nice and saw like they're just they're kids. Right. So they're like, I'm going to pull one over on this guy. I'm going to punch this guy. And I'm not going to, like, let him give him any cues that I'm going to punch him. And. And kids are really good at this because I remember that, like, these kids just walking on Sean in the hallway.
00:02:02 Kevin
They would. They would even be pretending to be talking to somebody else. They'd be talking the guy next to him and they wouldn't even they would. The conversation wouldn't be about what they're gonna do, and then they'd strike you in the hallway, just out of left field. Like they would get real close once they were inside your guard, they would.
00:02:17 Kevin
Jamie the ribs or or something along those lines. And you've been a lot of you out there like Kevin, that's just sounds like it's just something that happened to you.
00:02:25 Kevin
Because you know.
00:02:26 Kevin
You look like you were a target of bullies. Well, you you may be right. You may be right. But what I would also, you know like that would be just a.
00:02:37 Kevin
Like in in.
00:02:38 Kevin
The.
00:02:39 Kevin
Definition. Definitionally, that's what I would discuss as battery. It would not be a salt and battery, it would not be a salt, it would just be battery because you were just battered. There was no threatening motion of battery. Now you could make the claim that like this type of behavior was definitely premeditated. It wasn't like, hey, I went to talk to this guy and then he started insulting my mother.
00:03:01 Kevin
And you know what I mean, like, so I.
00:03:04 Kevin
Wham. Like premeditation means that, like, you know, like you've got it all planned out. And if somebody just said something about your mother and it offended you, and then you decided to strike them, well, that's not pretty.
00:03:17 Kevin
I mean, I guess if you were to narrow the scope of the timeline down to the other moment, he made fun of my mother. I started to premeditate, even though it was a half a second. And then I struck him. Right, that's. I mean.
00:03:29 Kevin
I guess it comes down to the Gray area, but that's what that's what judges and lawyers are for. So I'd like to talk about the term.
00:03:37 Kevin
Detained and detainment. Those are gonna be the first couple terms. So the state of being held in custody or confined, often temporary by law enforcement or other authorities, usually for questioning or investigation without not necessarily being formally charged.
00:03:55 Kevin
Right. So.
00:03:58 Kevin
Detainment is the action of, or process of, detaining somebody to coordinate or to the condition of being detained, often implying shorter or less formal restrictions of freedom compared to arrest or imprisonment, right? So in prison is the state of being confined into a jail.
00:04:17 Kevin
Or sell uh.
00:04:22 Kevin
As a punishment, followed by a conviction for a crime typically involving evolving longer terms of liberty, loss of liberty under formal sentencing. So that would be post trial.
00:04:38 Kevin
And I so I believe the the definition would also be like, you know pretrial as well, like if you were, if you were being you know.
00:04:48 Kevin
Held without bail or held. And and you were under held with bail. But you no one came up with your bail money. Then I would surmise that you would. You'd also be imprisoned. These, you know, these are one sentence definitions. So it's it's hard to. It's hard to say all circumstances that would apply. We could ask grock the question.
00:05:07 Kevin
Waiting for speech to text to apply to.
00:05:13 Kevin
Tools. Web search. Oh man, you can restrict it right down.
00:05:19 Kevin
Well, that's cool.
00:05:27 Kevin
Anyways, basic ones. So arrest the act of being, of taking a person into custody by legal authority, typically due to suspension.
00:05:36 Kevin
Or a suspicion of committing a crime.
00:05:39 Kevin
With the intent of.
00:05:42 Kevin
Bringing them before court or legal process. So I guess you could be arrested and in jail like and imprisoned, right like.
00:05:53 Kevin
But it seems like it's it's a longer form, right? It's not just like.
00:06:01 Kevin
So one of the questions I did ask Rock was like, so a traffic stop is a detention like, yeah, you're not formally arrested.
00:06:09 Kevin
You're not formally charged. You may be. You may be charged with a violation or cited with the violation, because then it gets us into the next one, which is a violation act of breaking or failing to comply with the law or law or rule or regulation. It can also be referred to infringement of someone's rights, right? So.
00:06:34 Kevin
And then a crime is the act. Or let's see here the act or omission that is prohibited and punishable by law, typically involving harm to an individual property or society, as defined by judicial legal code.
00:06:52 Kevin
So.
00:06:54 Kevin
And an offense and a violation appear to be the same terminology. Custody, the state being held.
00:07:02 Kevin
The state of being held or guarded by authorities, either physically in detention or in prison.
00:07:08 Kevin
Or legally under supervision. Often restriction of freedoms, incarceration, confining someone to a prisoner in jail.
00:07:17 Kevin
Typically, as a result of a crime conviction synonymous with imprisonment, right. So.
00:07:23 Kevin
Just a lot of different terms here. So usually when you commit a crime it is a misdemeanor or a felony. They're actually criminal offenses versus a violation or an offense. So you're out tail light.
00:07:35 Kevin
Even speeding within limits, right? Like they're not crimes. They're violations, right? Parking tickets, seat belt tickets. All those little things. So when you get pulled over a traffic stop, you're technically being detained and not arrested. And that is one of the questions we asked Rock just to get some clarity.
00:07:54 Kevin
You are being detained. Are you being arrested when they're handing the citation like, no, you're not. You're being cited and released. It's a process typically free to leave after receiving your ticket, but you are being detained because you're being kind of, like, pulled from the entire.
00:08:14 Kevin
Use of your freedoms and rights to, you know, to pass freely and to travel and and to to move about. Right. So what they're kind of like plucking you from reality if you will. Like. They're just kind of plucking you from the normal, the normal day-to-day of your freedoms.
00:08:32 Kevin
To discuss with you a violation, infraction, whatever. And then you're given this site and release, right. Here's your notice of violation. You did not commit a crime. Depending on how egregious the crime is, depending on the state, like New York State, you can you can. Damn.
00:08:46 Kevin
Near.
00:08:47 Kevin
Do just about anything and you know, sometimes it involves an arrest.
00:08:52 Kevin
You're taken to the station, fingerprinted, booked. You know, because you've actually committed a crime.
00:08:59 Kevin
But.
00:09:03 Kevin
Like that's. That's the kind of the.
00:09:07 Kevin
The the protocol right? So if you've, you know if you've got a driving while intoxicated. In most states, that's a crime. And so now you're going to you. You may not be able to walk free, especially given the current conditions like this is where things get muddy because you're, you know, you may not be capable of driving. Like, it's not like the cops say, hey, you've been drinking like, oh, you.
00:09:26 Kevin
Got me. All right.
00:09:27 Kevin
And you just pressed reset on you because somebody forgot to do it before you left the bar, and now all of a sudden you're ready to go. Like, Nope, you need to sober up like we're going to leave your car here and wait for a tow truck. Unless you can get someone to come get it.
00:09:40 Kevin
If the cop really wants to be.
00:09:43 Kevin
Like a jerk, they can make they can like demand that a tow truck come right now and impound your car.
00:09:50 Kevin
Like there's a lot of different things that can happen, but like.
00:09:54 Kevin
You're in no condition to drive like.
00:09:57 Kevin
Depending on the BAC like they might.
00:10:00 Kevin
I don't normally hear of this. Normally you're taken to a station and charged formally, but a lot of cops have little like little printers and stuff for basic violations in their vehicles. The same way that like a cop walk in the beat, right?
00:10:15 Kevin
Like sometimes they have little handhelds they can print you parking tickets and whatever else, but sometimes they don't have that stuff. And in order to get you the violation, they have to take you into custody, detain you still not maybe considered an arrest, but they may have to detain you to take you to the station or have you follow them the station because it's such a minor.
00:10:35 Kevin
Violation so that they can write you a formal, you know, give you the formal documentation in the court date. All that other stuff and and give you and process you. And so that is something that.
00:10:49 Kevin
That, like needs to be taken under advisement, so you know and and all these definitions and stuff lead us to.
00:10:57 Kevin
What happened to a gentleman named Carlos and I would love to say I'm going to come on here and, you know, mess with Council President John Crawford and get in his head and and say that it's all his fault, that.
00:11:11 Kevin
That Carlos was, you know, deported yesterday. So he was the gentleman that was at the Common Council meeting. He was. So I kind of want to do I I kind of want to do a brief explanation of what happened and I like I said I would love to just come on here and be like.
00:11:27 Kevin
You know, point at John.
00:11:31 Kevin
And just kind of mess with him also because I know him personally and you know it's it's fun to mess with people that are your friends. Like Ohh, what did you do? Like I didn't do anything and it's it's one of those things and.
00:11:42 Kevin
John's I'm sure he's taken a lot of grief over this and I've seen a lot of people call him out and say that it's his fault that Carlos is being deported, but I'm going to make the case that as much as funny as that would be to a friend to to continue the joke, right? It it's not.
00:11:58 Kevin
That's not the case. So Carlos was asked to stop speaking at the Common Council meeting.
00:12:06 Kevin
He he had, he had spoken, he was comfortable in his chair. Then all of a sudden he came up with props after somebody else had already spoken, to try to get his additional time or get additional time and.
00:12:18 Kevin
John was.
00:12:20 Kevin
He smacked the Gavel, Council President, smack the gavel and this happened. The previous Council meeting as well, where no one really listened to him and it was like it makes a fool of the Council. It makes a fool of the law and order that they try to strike in those chambers and like.
00:12:41 Kevin
Just, you know, like, no, I'm done with this. Have them removed and and you can hear it in the video that he says have them removed and.
00:12:50 Kevin
I'm not going to get into like.
00:12:54 Kevin
You know the amount, like the amount of people that just kind of like.
00:12:59 Kevin
Made sure things didn't come out of hand. I do want to review the video.
00:13:03 Kevin
On the show, just to kind of show some things that I would I would have done or wouldn't have done or you know and and then again, I'm also not a law enforcement official either. So, but he was removed from the room. I don't think John realized that it was going to involve a disorderly conduct, a disorderly conduct is a violation. It's not a crime. And So what happens is.
00:13:24 Kevin
Uh.
00:13:25 Kevin
Most of the time, court security and and and cops on duty that are helping out and assisting in a in the Council chambers don't have like little like parking ticket meter readers and then be able to print and scan you a ticket. So for a violation of a disorderly conduct, they take you down to the station, which is pretty convenient because it's like.
00:13:45 Kevin
Like 100 feet down the hallway.
00:13:49 Kevin
150 feet away you have.
00:13:52 Kevin
The the The the police police station. So it's like nice and easy. Like they can just they can go to a computer, they can, they can have a nice piece of paper being printed for you. That gives you a court time, court date, all this other stuff like super handy, you know, it's not handy for you because you're being detained, right? You're not being arrested. You're being detained. Especially cause not going to arrest you over.
00:14:14 Kevin
A violation.
00:14:18 Kevin
A lot of times when they take somebody into into their custody to do, you know, something like this, they they're going to they're they're going to like, you know, just make sure, hey, like, does this guy have any outstanding warrants, things like this? They just do a quick check. I believe it's New York State only that they do it in. They don't.
00:14:38 Kevin
I'm sure New York. I'm sure the federal government, New York State, don't get along that well to be sharing that kind of information. So I'm sure I'm sure it is reciprocal, though I'm sure that like New York State stuff is visible.
00:14:53 Kevin
To.
00:14:56 Kevin
To the federal government, but not vice versa. I'm sure that you can't like, add a local Police Department. Look into federal warrants and things like that. I'm sure that's not, you know what I mean? I'm sure there's a hierarchy.
00:15:08 Kevin
So, but with the violation, you're they just kind of check to make sure they don't fingerprint you. They're not doing a lot of these different things. They're not, you know, while you might be in handcuffs or whatever, and that's more for, like, officer safety, you know, like, if it's not just a out headlight.
00:15:26 Kevin
If you had to be asked to leave, you know a public hearing, I'm sure that they're going to take you as a slightly higher risk, maybe not as high as the domestic violence case or something along those lines.
00:15:37 Kevin
But there are, you know, there are protocols to follow, right? And there's there's safety.
00:15:42 Kevin
Techniques to take in and handcuffs don't kill people, so like I wouldn't, you know.
00:15:48 Kevin
You're in the custody of law enforcement, so, like, it's not like you're in the custody of the cartel. Like it's the people need to kind of relax a little bit. So now what happens is that since it's not a crime, they're not going to formally put your name and social and fingerprints and all that stuff into the database. They're just checking to make sure you don't have any.
00:16:08 Kevin
Any warrants like hey, we accidentally picked up a guy and we released him like they don't want that to happen.
00:16:13 Kevin
So on a base search of New York State, you know outstanding warrants, you know.
00:16:19 Kevin
Criminal activity, whatever like this, all this guys wanted for, you know.
00:16:24 Kevin
Questioning on it something that happened. I believe the guys from Jamestown are or like his had been currently residing in Jamestown and.
00:16:32 Kevin
Well, come to find out that he's newly residing out in Salamanca and has a job there, but it also come to find out he's also like on a visa or maybe on a visa like the that's so.
00:16:49 Kevin
But here's here's something that I would like to point out to everybody who may be missing the ball on this is that.
00:16:57 Kevin
Your.
00:17:01 Kevin
You take it in, you give it a violation ticket. You don't have any outstanding warrants that anybody can see, because otherwise you would be arrested potentially or or or held for a longer period of time until that that you can be transferred to that agency to execute the warrant or whatever.
00:17:16 Kevin
So then you left on your, then you.
00:17:17 Kevin
Let go right. So.
00:17:20 Kevin
But then everybody on social media and in on this side on that the side of the aisle that was there that night is like 3. Carlos, this is ridiculous. Some people don't understand that he's not currently like riding in a jail cell like he was released like that moment. Like he went down there. There was no fingerprinting.
00:17:40 Kevin
Handed his violation ticket an appearance ticket to go to.
00:17:43 Kevin
Court blah blah.
00:17:44 Kevin
But everybody is posting it over and over again. People are calling the news station and they're posting his picture everywhere.
00:17:52 Kevin
Well, like I'm sure to some degree depending on the level of security there is like AI scrubbing the Internet for government agencies looking for facial recognition and and on high level criminals. I'm sure guys like Carlos aren't there, but.
00:18:10 Kevin
When you.
00:18:11 Kevin
When you're looking across the the social media like I've I've I've seen Carlos's face like 90 times in the last like 10 days on different posts and things like that and people complaining about it. It's like, you know what?
00:18:26 Kevin
These different like.
00:18:28 Kevin
Ice agents Homeland Security. Just all these big federal agent, FBI, CIA. These people are like they they don't just have offices.
00:18:39 Kevin
Like in DC like they have offices in Buffalo and when you create enough noise to put Carlos's face on the Buffalo News and he may have an outstanding warrant and that's what it sounds like he's wanted for questioning was his violation. It was his visa expired. Well then yeah, he has no right to be here.
00:18:59 Kevin
He, like he was given like a temporary, restricted right to be in our country. If if his, you know, if he has a visa, maybe he's here illegally in the 1st place and he did something dumb and he got put on somebody's radar.
00:19:14 Kevin
I mean, there's a lot of different things we can discuss it further as more information comes to light. But I did want to point out that like the fact that.
00:19:25 Kevin
The fact that the Council President Clabbered his gabel at Carlos and had him removed from the room is.
00:19:33 Kevin
Did not cause him to get tossed onto a government database to get found out by ice.
00:19:40 Kevin
I'm more than certain that the Council President or the Council as a whole, or the the city administration didn't just call ice on the off chance that this guy, who doesn't seem like English, is his first language.
00:19:53 Kevin
I'm sure that nobody called ice like and I know that's probably one of the like, the 10% of the argument out there. Ohh they probably called like that's that's people's backup argument. Like no, nobody has time for this. Like a lot of times like when something like this happens, you just just ignore it as a as a as a politician because it just dies.
00:20:13 Kevin
Down and that's.
00:20:15 Kevin
That's more like so by them calling ice in like.
00:20:19 Kevin
That's not letting it die down. That's not letting it. Like kind of fall by the wayside. People get hyped up about stuff and then, like you can come back to them later and talk civilly with them. But it's like they don't. People don't want to talk in the moment. They want to yell in the moment and see just kind of step out of the moment to let people kind of calm down and then you can step.
00:20:38 Kevin
Back in right, like you want to have the the situation Deescalated and calling ice does not deescalate the situation. So I highly doubt that anybody called ice. So like let's just throw that stupid notion out the window. It's most likely that you guys have been creating such a huge noise on Carlos's side in his defense.
00:20:58 Kevin
That you've actually.
00:21:00 Kevin
Didn't realize that he was in trouble for a bunch of other things or was wanted by ice for whatever, which is still being in trouble for a lot of other things.
00:21:09 Kevin
You know, like trespassing is illegal, and that's what he was doing. If he was on a violation of his visa.
00:21:18 Kevin
And by you guys plastering his face everywhere, it's like, oh, hey, some some agent in Buffalo was like I.
00:21:25 Kevin
This I just given a DOS. I think it's one of the the 50 people I have to try to find because we have outstanding dossiers on them and we have to try to like, do whatever and you're like.
00:21:36 Kevin
Oh, who would have known? Oh.
00:21:40 Kevin
Let me do some research. He seems to be in the Olean area. You start calling around. Ohh. He works at a little diner in Salamanca. Like. OK, hold on. Let me call over to SPD or SPD.
00:21:51 Kevin
Yeah, Salamanca Police Department and and they come in and they detain him and then he sits and he's now formally arrested. Not charged, just arrested while he waits for whoever is coming to question him. Right. And that's and that's how it works. And so people, he he may be released to his own recognizance.
00:22:10 Kevin
Maybe it was just some simple for me. Just like, hey, you didn't sign the renewal form like you send in the check for the extension of your visa. Whatever. Highly doubt that's the case, but most likely it's a hey man, your your visa expired. We sent you notices to your last known address that you're you're required to leave so but.
00:22:29 Kevin
With that said, guys, I hope to dive in this weekend into that, that other footage and kind of get you my take on the Council meeting before this coming Tuesday's Council meeting. But with that said, we'll catch you guys next time on life 22.