Politics and Current
A Texas judge slams a prosecutor who struggles to explain why a Black teenager’s ‘tense’ during a traffic stop was sufficient cause for arrest, viral video shows
A Texas judge who became widely known on the Internet for dismissing cases involving black defendants without sufficient probable cause has once more gained Internet popularity by announcing one more dismissal of a case, this time involving a black driver within the Houston area.
A video posted on TikTok shows Harris County Judge David Fleischer presiding over a court hearing within the case of a man accused of interfering with the duties of a public official following a traffic stop.
The clip begins with Fleischer telling the defendant he might be sentenced to six months in prison and/or a $2,000 tremendous before asking the prosecutor to read an affidavit of probable cause.
“An officer initiated a traffic stop in Harris County, Texas, after observing the defendant exceeding the speed limit of 45 miles per hour and making an unsafe lane change,” the prosecutor begins.
It added: “The accused didn’t have a driving license but gave the officer his name and date of birth. While the officer was taking down defendant’s name, he observed defendant exit the vehicle and the officer told defendant to get back into the vehicle, to which defendant responded, “Do I have to?” The officers exited the vehicle and tried to arrest the defendant. The defendant tensed and crossed his arms.
“Everything is final. What did he do wrong?” – Fleischer asks, amazed and shaking his head.
The prosecutor tells the judge that the arrest resulted from the defendant’s speeding and initial lane change.
At this point, the defendant tries to raise his hand to engage, but Fleischer tells him to “stop” so he can proceed to query the rationale for the fees against him.
“How fast was he going?” – Fleischer asks.
“I spoke to an officer this morning who told me he was following the defendant at 54 miles per hour,” one other prosecutor states.
Fleischer tells the prosecutor that if the defendant was on Interstate 610, “he was fine.”
Fleischer then wonders why the defendant was charged with interference with duty. The prosecutor repeats that the motive force got out of the automotive on the bus stop and when the policeman asked him to get back in, the defendant replied: “Do I have to?”
“And this is the basis for arrest?!” Fleischer asks, looking stunned.
There is silence within the room for a few moments, and the defendant raises his hand again, asking if he can speak.
“Don’t do it,” Fleischer advises. “Are you losing?”
“No, sir,” says the defendant.
A few moments of silence pass while Fleischer waits for the prosecutor’s response regarding the idea of the fees.
The prosecutor finally speaks up, stating, “And your honor, moreover, when he tried to stop him, he closed his arms and got tense.”
“What is the basis for the arrest?” the judge asks again.
“It was…” – the prosecutor cuts off.
“You go when you’re black?” – asks the judge.
“It was an attempt to detain him while he was investigating,” the prosecutor begins to answer.
“What is he doing wrong?” – Fleischer asks.
As the prosecutor’s office struggles to answer this query, Fleischer states he sees no probable cause.
“He gets out of the automotive after which the proven fact that getting out of the automotive interferes along with his responsibilities. Really? No,” the judge tells the prosecutor.
Fleischer then turns his attention to the defendant to gently advise him to “be careful” in the long run.
“Life is tough anyway. People are all the time out to get you. Be nice, it is not hard and every part shall be tremendous,” Fleischer tells the defendant, who nods and smiles. “I understand, I’m with you.”
The video after being posted Monday on a TikTok account that posts recordings of hearings supervised by Fleischer, it has garnered nearly 11 million views and tens of 1000’s of comments.
Many viewers praised Fleischer for his no-nonsense approach.
“The judge stopping him from potentially screwing up is wonderful,” one person commented.
“This is what the justice system should look like,” one other person said.
“That’s why local elections in which you vote for judges are so important!” one comment read.