Body cam footage from a second officer has been released and this one, from Officer Pratt, is much more problematic in my view regarding how the officers handled it. I’m not going to recap the whole thing, but I’m going to hit upon the parts that stood out to me. Fair warning, this post is going to be lengthy.
The video starts with Officer Pratt approaching Brian in the driver’s seat and saying “We got a call about a male hitting a female.” So, from the very beginning, Pratt is fully aware that at least one of the witnesses claimed to have seen Brian hitting Gabby.
He goes to talk to Gabby. He points out that she has a cut and other marks on her face and marks on her arm. [
Were these injuries ever documented? Unless the female park ranger photographed these at some point off-camera, it doesn’t appear that they were. Whereas with Brian, they were very thorough in documenting his injuries. They took photos of all the marks they could find on him including an old injury that Brian said was “from a wire,” then they had him step behind the van and lift his shirt and pull down his collar so they could be sure they weren’t missing anything.] Pratt asks Gabby how she got the marks and she initially says she doesn’t know. He presses for an answer and she next tries to say they might have come from a backpack. Pratt tells her they have two independent witnesses saying they saw Brian hitting her. She responds “Well, to be honest, I definitely hit him first.”
[Notice that she doesn’t say he didn’t hit her, just that she hit him first.] Pratt asks again if Brian hit her and she says “I guess. I guess, yeah.” Then she changes it to saying he didn’t hit her, just that he grabbed her face and talks about how the cut on her face burns.
The first officer we got body cam footage from, Officer Robbins, and Pratt talk out of earshot from Brian and and Gabby. Robbins says he’s getting conflicting stories from them about why the van swerved and hit the curb. Brian is saying Gabby grabbed the wheel, Gabby is saying she hit Brian once in the arm when she saw they were being pulled over. Pratt says it “sounds legit.” If someone was hitting his arm he’d probably end up swerving too, and that Brian was likely trying to cover for Gabby by not being truthful that she hit him because he doesn’t want her to get in trouble.
Pratt goes to his car and calls one of the two witnesses, Chris. Chris says what we’ve already discussed a million times — he saw a scuffle but couldn’t really tell if they were play fighting or real fighting and he didn’t know who may have been the aggressor, nor could he tell if Brian was shoving Gabby in aggression or self-defense.
The next 15 minutes of the video consist of the officers talking both amongst themselves and with Brian and Gabby about how this situation meets the definition of a domestic assault and how they
must, by law, bring charges. Pratt tells Gabby they have witnesses saying the marks on Brian were caused by her slapping him.
[Huh? Who said that?] He says they have no witnesses saying Brian was hitting her aggressively.
[The second witness, the one who called 911, said the man was slapping and hitting the woman. Remember, Pratt was aware of this as it was the first thing out of his mouth when he arrived.] A minute or two later, Pratt’s story morphs into “two witnesses saying you (Gabby) were the primary aggressor.”
[Neither witness said this and the second witness Pratt never called actually said the opposite.] In a hindsight that will make everyone queasy, Pratt says to Gabby “You probably could not physically destroy this man the way that he could if he attacked you,” and continues to emphasize that he has no choice but to charge Gabby for domestic assault. Gabby is very upset and anxious about the idea of being separated from Brian for the night. Pratt says, “I lawfully don’t have discretion here. There’s nothing any cop can do about it — it’s written into the law.”
He then spends the next 15 minutes trying to find a way to not uphold the law.
[Seriously, it’s really unsettling to watch a police officer put so much time and effort into finding a way to skirt the law.] He calls the Assistant Chief asking if there’s a way to get out of having to charge her, incorrectly saying that both witnesses are telling the same story as Brian. The Assistant Chief doesn’t give him the out he’s looking for so he gets off the phone and pulls up the statute on his computer to see if he can interpret it in a way that allows him to not charge Gabby. Robbins comes to the car window and Pratt starts making his case, starting with this very unfortunate choice of words:
“The reason why they don’t give us discretion on these things is because too many times women who are at risk want to go back to their abuser. They just wanted him to stop and they don’t want to have to be separated, they don’t want him to be charged, they don’t want him to go to jail, and then they end up getting worse and worse treatment and then they end up getting killed.”
Robbins protests that the situation warrants a charge. Pratt debates, arguing that the statute can be interpreted to mean that everything hinges on what Gabby’s intent was when she slapped him. If she intended to cause him pain or physical impairment then she needs to be charged and if she didn’t intend to cause him pain or physical impairment then she doesn’t. They go to ask her, Pratt first coaching her that the question they were about to ask was “very, very important,” that how she answered would determine what happened next, and to “think very hard” before answering.
“When you slapped him, were you attempting to cause him physical pain or physical impairment?”
She says no, that her intention was to get Brian to stop telling her to calm down. Pratt says with a victorious tone that it didn’t sound like she was attempting to injure him and then put it on Robbins to make the decision about whether to charge her.
Robbins and Pratt step aside to discuss it privately and Robbins again expresses his concerns that this is a case of domestic assault. Pratt further presses for this to be dropped, but claims he doesn’t care either way and will support Robbins’ decision.
[I’m curious about who outranks who here.] Robbins says he wants to do a crime report, holding off on bringing charges for the moment, and have a city attorney review the case first. Pratt pushes back against that idea.
The officers pause for a few moments to listen as another call comes through. Pratt says he should take it. Robbins says he’s going to cite Gabby. Pratt asks if Robbins would be more comfortable leaving to take the other call that just came through and Robbins says yes. Pratt starts encouraging Robbins to just separate Brian and Gabby for the night without charges, tells Robbins “I trust you,” slaps Robbins on the shoulder and leaves to take the other call. Robbins relents and opts to not charge Gabby as we know from the previously released body cam footage.