here gary leaves his passenger to deal with the damage he walks towards highway ninety which at this juncture is about six lane highway with a concrete media and shortly  thereafter nine one one of the santa tonio police department dispatcher gets several calls of from motorists because there is a man walking on highway ninety and they say you know he appears disoriented so i have sanatoria police department dispatches seven possibly eight patrol vehicles to the location one of the vehicles enter saps the passenger that well it was left dealing with the blown out tire and the minor damage to the fence and she has interviewed and from injuring the car yes they learn from her that jesse has ingested cocaine and alcohol and that he is distraught about a possible breakup of his family information to them and they are proceeding with that information ok and it's a quick response you know they they this year zero in on jessie and harry not too far from where trains it on just you dearie and commands him to come to her or she'll shoot him well and by this time another female officer jennifer morgan likewise pulls  revolver trains out on jesse or gary and roberta mendez pulls his taser so we've got three officers there now though the point here that i want to stress is that behind the back his bar and the video shows that all of this occurred within twenty nine ok so you're claiming the consultant's video never shows him walking away from the command it shows like i think without incident without resistance without cursing without without incident ok now he is handcuffed on the opposite side of the median pieces of it but we've got we've got fairly decent video and audio from three of the police so it's a hard her and you're saying he jumps off said they interpret that as resistance and they need then they put him down on the ground is that essen don't see how anyone could put include that he was resisting trying to flee or trying to cause problems for the officers and popped them within twenty miles so because he presented himself but when you say them with the girlfriend in the car told them things is it understood that she told them that the mother that he may be suicidal or and or that he may be trying to kill her did she tell them that because i guess the pain the split second scenario i'm sure you're sympathetic to as they are told guy could be suicidal may have just tried to kills girlfriend now he's in an eight lane highway that's a very difficult situation for police so there's no question they should him and control him then if you acknowledge she squirms they may not have known the heat it would seem to me they would then want to subdue him so there's no risk of chorus line by and that gets me to my one legal question which is is your position that the gutierrez case that we wrote twenty years ago controls that they then use deadly force even though they didn't hog tie him they just cuffed and pulled his legs up is that does that have to be your legal it's deadly wrong four officers apply pressure with their knees and their hands on jess he carries by as he is on the pavement with his legs up with his legs crossed and  did a very detailed analysis of of the video and of the medical records interviewed the medical examiner and render an opinion and tells us the pavement and he says there is no doubt in his mind that that the turning of the head from side to side which is the only thing jesse gary could do was an effort to breathe ok and they're immediate threat not whoa whoa whoa those are great statements no is in the middle of an alien highway is a threat is huge back to himself they've been told by his girlfriend that he's a threat to himself and to her you have officers and cars whizzing by why isn't davit that they were that they may have thought that he was under some sort of drug but they didn't know they didn't know with certainty what kind of drug it was or whether it was in fact  does according to their allegations it seems very similar they see the blue lips whether or not the girlfriend tells them he's obviously very disoriented and disturbed then they put a phone down at which point h that it was a result of her interaction with the police i think he said it was hot that sam said homicide i'm sorry i didn't mean repeat no no no i'm interrupting you but i thought that was seemed quite powerfully stated there was a finding of homicide there was a fight what they called it was because of the police the struggle with the police they were going to designated as homicide but they do that unless they they're only a certain number of things they can designate a death and if it's not accidental or suicidal and there's one other right then but then they call it a homicide so it's not uncommon for well medical that they are officers had treated him with aggravated is his risk of death by not putting him in a place car which was available or sassed sitting him down upright while they wait don't know where you get your i mean that's impressive testimony to me that it that what they did was equivalent to our time which we've discussed a little mystery here it gets to the good he starts resisting the officers attempts to get him under control they take him over the media and they get him welcome to the good of the police or you can see into the swing back and forth while he's on his way to the police for which is in the officers testimony he was making it difficult for them to can to control him so they put him on the hood of the car and when you watch the video you'll be able to see that he's moving his legs in the officer testified testified that what he's doing is that he's again resisting them trying to get away  and or at least trying to get free of their grasp again only now four lane highway with cars going past and so what they do and what officer mendez decides it is that he's  or those conditions he believes reasonably believe that he has been able to take a chance in trying to get mr a giri into the back of a police vehicle in the better choice would be police when i'm sorry on better charges for the police plan but not a better choice for mr gregory well it was an objective lee reasonable choice for the policeman and in this case was decided on qualified immunity so there would have to that medical doctors expert testimony about what he saw on the video and how the man was treated there how why why was more dangerous to put him on the ground in  testimony at length but i'm just posing as i will get back in our office and we look at the video and i believe video can be interpreted the way the doctor who said putting him on  he had broken loose if they had put him in a sitting position where ins or attempted if that could attempted to put him in the back seat of the or and he had broken loose they would have had no alternative but to follow him into traffic should he have gone that what you're seeing you cite car to be where we do say we're going to rely on the video more than witnesses that's correct and so what would help me would be could you get and you know roughly timestamp as to any of the following features resistance by him roughly where would you say asked that we look  and and then the relevant force how many of them does the video show were pressing down obviously that created a more aggravating circumstance there are so crossing over the highway may answer my question about when they did assuming that creates a dangerous situation how very difficult situation then how many of them are pushing down on him and where what time stamp are we looking at for that difference aren't part of the medical differences i mean i just i don't know and i'm just asking you all right so if all the media do this particular day just when they did in from you can see the officer substantially was the texas never allows hot dogs but they distinguish the seventh circuit milwaukee case where it's just pros people holding someone down what's your best case that holding them down  the question are you saying they can never put a person prone and pulling legs up and if so what case says that i'm not saying it's not the same prostitution unconstitutional as the case law said but i would say