The video is a discussion about a police encounter involving a disabled veteran, Charles Donner, and Arkansas State Police Trooper Ryan Wingo. The incident occurred on May 10, 2019, when Donner and his wife were driving behind Wingo when the trooper made a sudden U-turn to pursue a speeding vehicle. Donner honked his horn at Wingo, who responded by making a full 360-degree turn, passing another vehicle, and pulling behind Donner with his lights flashing. When Donner pulled to the right side of the road and stopped his vehicle, Wingo crashed into him with his cruiser.
Wingo arrested Donner for disorderly conduct, citing Arkansas's disorderly conduct law found in section 5-71-207 of the Arkansas code. The law states that a person commits offensive disorderly conduct if they engage in fighting, violent threatening, tumultuous behavior, make unreasonable or excessive noise in a public place, use abusive or obscene language, or make an obscene gesture in a manner likely to provoke a violent or disorderly response.
However, the video argues that Donner's conduct was not likely to cause a public disturbance as he was only speaking to Wingo. It also points out that profanity is protected speech under the First Amendment and citizens cannot be arrested for simply using curse words. The video references the 2000 case of Nichols versus Chicone, where the West District of Arkansas determined that a police officer violated the First and Fourth Amendments when he arrested an individual under the same disorderly conduct statute for giving him the middle finger.
The video also discusses the Fifth Amendment, which applies to a broader range of interrogation than blatantly incriminating questions. An individual should exercise their right to remain silent in a variety of situations. The video references the 1951 case of Hoffman versus United States, where the Supreme Court held that the right against self-incrimination extends to answers that would in themselves support a conviction but also embraces those which would furnish a link in the chain of evidence needed to prosecute the claimant.
The video concludes by stating that Donner gets an 'A' for remaining relatively calm and collected throughout the encounter, verbally invoking his right to remain silent, and maintaining a reasonable balance between challenging the conduct of the troopers and complying with their commands. The video encourages viewers to support Donner's GoFundMe campaign to help cover the cost of attorney fees for a civil rights lawsuit against Wingo.
1. The episode covers disorderly conduct, self-incrimination, and reckless driving.
2. The incident occurred in Hot Springs, Arkansas, when a disabled veteran, Charles Donner, and his wife, Brittany, were driving behind Arkansas State Police Trooper Ryan Wingo.
3. Trooper Wingo made a sudden U-turn to pursue a vehicle allegedly speeding.
4. Mr. Donner honked his horn at Trooper Wingo, who responded by making a full 360-degree turn, passing another vehicle, and pulling behind Mr. Donner with his lights flashing.
5. When Mr. Donner pulled to the right side of the road and stopped his vehicle, Trooper Wingo crashed into him with his cruiser.
6. Trooper Wingo was arrested for disorderly conduct, as per Arkansas's law found in section 5-71-207 of the Arkansas code.
7. Trooper Wingo's actions were considered reckless and disregarded the safety of all persons using the street.
8. Mr. Donner was released without charging him with disorderly conduct and issued him a citation for following too closely and parking on a highway.
9. The Donner couple decided to retain an attorney to pursue a civil rights lawsuit against Trooper Wingo.
10. Mr. Donner created a GoFundMe campaign to help cover the cost of attorney fees.