Cops Encouraged Man to ‘Beat’ Teen Son Before Violent Takedown: Lawsuit

Is it? We can put you in handcuffs right. now. Oh, >> for what? >> Just detain you cuz you're being a. little brat. >> An Arizona father calls the police on. his teenage son, saying he refuses to. obey him. But the advice the officers. allegedly give him and the shocking. moments when they confront this teen. They are now the subject of a brand. [music] new lawsuit. And I'm going to be. comparing the allegations in the. complaint with the intense body cam. footage that captured what happened. inside that Phoenix home. Welcome to. Sidebar, presented by Law and Crime. I'm.

[music] Jesse Weber. By the way, is this just not a true. example of how we cover all different. kinds of crime and legal stories here on. Sidebar? And look, not everybody has the. ability to do what we do here to try to. do a deep dive on these stories. And one. of the reasons that we can keep on doing. this is because of the amazing support. we get from our sponsor, Morgan and. Morgan. This is America's largest. personal injury law firm. This is a firm. with over a,000 attorneys who have. recovered, get this, $25 billion for.

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Let's go back to early 2024. That's when. multiple Phoenix, Arizona police. officers responded to a home for a. family dispute. Sergio Nino II. Okay. This father told officers that his. 16-year-old son, Sergio III, refused to. listen to him, refused to obey him, was. acting out, skipping school, apparently. having girls over, smoking in his room. You know, pretty typical bad behavior. from a teenage boy, right? But on. January 23rd, 2024, as the three.

officers, Sergio, his sister, his dad, as they all crowd into this tiny. hallway, this tense situation escalates. and it leads to this 16-year-old. allegedly being slammed onto the hallway. floor and arrested for aggravated. assault. He ended up apparently with. significant injuries and now he has. filed a $500,000 lawsuit against the. city and the three officers, Christopher. Gre, Blake Willer, and Matthew Smith.

So, what I'm going to do right now is. I'm going to take you through the. officer's body cam footage from that. day, and we're going to compare it with. what Sergio claims in his lawsuit. So. nearly two years ago, the elder Sergio, the father, called police out to his. home and he was looking for advice on. how to handle what he says was his. unruly and disobedient son, who he says. has quote a couple mental health issues, but he doesn't really expand on that. So. the officers had some interesting. advice, or at least that's what's. captured on the body cam.

What's going on? >> My son called has a having a lot of. issues. So, okay, >> I'm on hold right now trying to get him. to a treatment center. I'm just having a. hang of luck. So, >> okay, >> tonight he just uh he's been gone all. day. So, he miss he's he's missed school. the last week and he's just bringing the. drugs in the house. You know, he's. smoking inside the Come on. He's smoking. inside the house. And uh today while I. was at work, he uh I saw leave on my.

camera around 4:00 and he just came back. a little bit ago. So, as soon as I heard. something, I went to his room. I knocked. you didn't open up and I knocked in. wouldn't open up. So I went and got. screwdriver to open up the door and he. just pushed against me with the door. So. I'm like open the rest let me get in and. he wouldn't let me. He just kept pushing. back. He said get away cussing me out. So I forced myself then he fell back. So. then he got up and he just started. cussing at me. I said he said give me. your phone. He wouldn't give me. So I. tried to take his phone away. So he's. like pushing at me and kicking at me. I. ended up on top and tried to take his.

phone on top of the bed. My daughter. came in. She said get off him. Get off. him. What are you doing to him? And. after that again I tried to grab his. phone again. Same thing happened and. then I called you guys. So as I was. walking away he he spat at me and I was. on the phone with with 911. He just like. my face he didn't hit me. They just like. to one of these. >> Okay. >> Yeah. That was it. So right now he's in. his room and they told me well there's. nothing we can do because if we take him. to juvenile they used to hold him there. for 20 minutes and let him go. When he. told me he's like he's like well he's. like he said why don't you just. discipline him? I'm like what do you. mean discipline? He's like I have it. I.

try to ground him. He's like he does. whatever he wants. No. He said, "No, physically discipline him." I'm like, "I. can't." I said, "If I do that, then I go. to jail." No, you don't. Well, he told. me, he said, he he said, "Just don't. leave a mark." But he told me, I was. like, "I can't do that." I was like, "I'm a chiropractor. I have a license. I. have a professional license." So, I'm. I'm like I fear I fear for like my. career. You know what I mean? But I. can't do this anymore, man. I I don't. have control of my own house. >> Okay. So, what do you want to do with. him today? >> I I want to end up in some place where. he can get help, juvenile, something. because this isn't going to go away. And. the [clears throat] thing now he sees. that there's there's no he doesn't fear.

anything. He has no fear because the. cops have been over and nothing gets. done. I I called a a hotline, crisis. hotline. They took him over 24/7 over at. Metro Center. They detect he walked out. laughing and as soon as as soon as we. left, he took my phone and I had to call. the cops again. One of the officers I'm. friends with, his name is Kenny over. over in the Med area. Uh he actually uh. came and talked to me, brought him back. home, and he even took him on a police. ride just again just just a couple two. or three weeks. It hasn't been that. long. And I thought maybe I can help him. out. You can see what it's like and.

where he could end up. No, it still. hasn't helped. I don't know what to I. can't physically force him to get into. anywhere and you know what I mean? He. does his own thing. He runs the house. >> Well, you can. You're just choosing not. to. >> How though? I mean, >> you drag him. >> Really? >> You drag him, you hit him. He is a. child. He only has rights from the. government. He has no rights from you. So, if you wish to beat him, you can. beat him. You wish to belt him, belt. him. >> Even right now, he grabbed the stone. You know, as I was trying to take. someone, he's like, I saw you. You're. hit. You're hitting me. You're hitting. me. like, you know, >> he can record you and he can call child.

services, but if they see that you're. disciplining him, they throw it in the. shredder. >> Okay. Yeah. Again, it's just one of. those things I'm I'm just afraid. I. mean, I grew up that way. If I did. something wrong, I got the do it again. But I'm just afraid because I've worked. so hard for my license, man. And I've. been doing my job for over 20 years. I. have my own business. I'm just afraid of. of, you know, putting all that in. jeopardy, if you know what I mean. So, >> well, it sounds like he needs some real. corporal punishment. you if if you look. at my phone, all you'll see is me trying. to find like ways like I've been. googling that all the time. It's like.

how do I you know behavioral health uh. military school which is like like 15. $16,000 a month. It's just like you know. it's. >> well it's not really a behavioral issue. It's him thinking he's an adult when. he's not and doing what he wants and. he's got a place to live. You're paying. for his phone. Are you paying for his. car? >> You're giving him all these things that. he wants but you're not taking any of. them away. >> Yes. Yes. If he's going to treat you. like garbage, you need to treat him like. garbage. >> Throw him out on the street. >> He stole $2,000 for me and I So now I.

have a security box and he's in and out. of my room. He's selling stuff. I said. the other day he left with just I mean. he said it was just I don't even know. what is in the house but I don't feel. safe in my own place. I don't feel. comfortable with him in my house. He's. my son. I love him to death. But I don't. know what to do anymore. Yeah. >> Many of the comments are quoted directly. in the lawsuit. For example, and these. are direct allegations from the suit. Quote, "The officers advised Mr. Nino to. drag Sergio and hit him." They went on. to tell Mr. Nino that if you wish to. beat him, beat him. If you wish to belt.

him, belt him because Sergio only has. rights from the government. He has no. rights from you. They then advise Mr. Nino, if he's going to treat you like. garbage, you treat him like garbage. Throw him out on the streets. So, Dad. and the officers, they speak for about. 10 minutes before they go down the. hallway to Sergio's room. Take a look. Can you talk to him? I mean, can I can. that be done? >> We'll talk. >> Like I said, if there's anything he's in. here, >> you can go in the room. See what I'm.

talking He's locked in here. >> He locked the door. He was just spraying. something so it wouldn't smell. >> Sergio, you need to open the door. >> Oh, yeah. >> What's going on? >> What's up? Hold up. Just give me a. second. I'm going get. >> That's not how it works, buddy. >> Sessy. Sassy. Sassy. >> You don't just push by us. >> Oh, no. I was just. >> So, what's going on? >> I was just to do it. We're talking to. you. >> Oh, yeah. Because my sister's here.

something. >> She's actually Okay. >> All right. Well, we want to talk to you, not him. >> Oh, okay. >> That's not how it works, buddy. >> Sassy. Sassy. Sassy. >> Push by. >> So, what's going on? >> I was just your sister to do it. We're. talking to you. >> Oh, yeah. Because my sister is here. >> She's actually Okay. >> All right. >> Well, we want to talk to you, not him. >> Oh, okay. >> Why are you smiling? What's so funny? >> I think it's pretty funny that we're in. the situation. It's.

>> your house. >> Whatever. >> He can tell you that. Yeah, he can. tackle me. See what I'm talking. >> really? So, he can abuse me. >> He's not abusing me. >> You're acting like a little brat. >> See, you're smiling again. It's so. funny. >> Hi. Can you can you support me? You're. supposed to. >> I mean, I'm going to have to agree. I. don't think that's okay. >> It's perfectly legal and okay. >> I. >> actually He was looking at. >> Your dad should beat you. Other than. sending you to the hospital, your dad. should beat you. Anything in your room. is gone. >> Yeah. My dad looked at me and he said,

"Actually, he said you're a little." He. said, "This is why your ex cheated on. you." And then he tackled me and he. proceeded. >> And that's I'm saying, "Okay." And as a. kid, you have to take it. You have no. rights. >> Yeah. Actually, I don't I don't have. another parent, so he's my only uh. parent. And you're treating him like. garbage. >> I'm treating him like garbage. Yeah. So, how would. >> Do you pay for this house? >> Are you like Have you been here to like. see the whole situation? >> Do you [clears throat] pay for the. house? >> Do you pay for your car, house? Phone. >> He doesn't have a car. >> I don't have a car. I don't. >> Okay. So, do you pay for this house? >> I pay for my phone bill yet. >> I don't have the phone. Where's the.

phone? Give me the phone. >> I'm not going to get my phone. I'm. sorry. I pay for it. >> It's my phone. You You change the. service into your It's my phone. Give me. the phone. >> I pay for it. >> Give me the phone. >> Who bought the phone? I'm still bought the phone. >> Yeah. >> Yeah. You're not going to answer, so. it's not yours. >> Why is this my pot? >> It doesn't. I mean, you can check my. room gladly. There isn't any pot if you. would like. Can you please not touch me? >> Oh my god. This is. >> You're not controlling the situation. >> I know. Can you please me?

>> No, that's not how that works. >> Yeah, >> is it? We can put you in handcuffs right. now. I mean, for what? >> Just detain you cuz you're being a. little brat. >> Okay. Now, at one point, Sergio's. sister, who I mentioned before, she. comes out, and this is who his dad says. was quote supporting and defending her. brother. So, she comes out into the. hallway to find out what's going on. One. of the officers appears to demand that. she go back into her room. And when she. seemingly resists, her father gets. involved, saying that he's kicking her. out of the house. And things are getting.

much, much more tense in this again. narrow hallway. And that is when we get. to the main center, the crux of this. lawsuit. Because of how violent this. apparent takedown is, I got to give you. a warning. We can't show you this full. clip. It's going to violate YouTube's. guidelines. But Sergio starts to. apparently record himself and officer. Willer. And then that is when officer. Willer allegedly grabs his phone and.

Sergio reaches to take it back. And all. the officers then appear to grab Sergio, trying to put him in handcuffs. And one. of the officers even seemingly lifts him. up into the air and slams him onto the. ground face first. >> I didn't DO ANYTHING WRONG. >> YOU GUYS, >> I was standing there. >> Go to jail. >> I was GOING TO JAIL FOR ASSAULT. WHEN. YOU GO TO SERGIO'S LAWSUIT, the. complaint, it actually includes still.

images from the body cam. And in the. series of photos, you can see Sergio on. his phone. Officer Willer appears to. grab the top of it, and he takes it out. of Sergio's hands. Sergio appears to. look surprised, turns to reach for the. phone. The lawsuit reads, "Sergio's. conduct was nonviolent and. non-aggressive and was a natural, logical response under the. circumstances. Reasonable law. enforcement officers could not have. thought Sergio was assaulting them or. otherwise posing any threat. Immediately.

after Sergio turned towards Officer. Willer, officers Gre and Willer attacked. Sergio. So when he was thrown to the. ground, Sergio's chin had apparently hit. the wood floor. And the lawsuit says. that he had a 3cm laceration which sent. blood flying all over the hallway. As. the officers appear to haul Sergio. outside, he immediately tells them that. the handcuffs are way too tight. It's. >> too tight. It's too tight. It's too. tight. I don't see my circulation. I'm. tired, please. It's too tight. It's too.

tight. >> So, the officers had Sergio sit on the. ground near the patrol vehicles. And. this is when they allegedly berate him. for what they say was an attack. >> You don't ever get to lunge at an. officer. >> I didn't. >> You lunged. That is aggravated assault. Now you're going to juvie. I tried to grab my phone. He took my. phone. >> It's not your phone. >> He didn't have my phone. >> Stop crying. >> He didn't have a warrant. >> I don't need a warrant. >> It's not yours. It's your dad's. That's.

how that works. >> Then you push him. Stupid as can be. >> Look at my chin. >> I don't care cuz you're resisting. You. wouldn't go on in the handcuffs. And by. the way, speaking of handcuffs, Sergio. continues to tell the officers that the. cuffs are basically cutting off his. circulation. Now, to be fair, this is. something police hear a lot from people. that they've detained and they're not. just so keen to loosen them that could. present a danger to themselves and. others. And we know handcuffs aren't. intended to be comfortable. But the. officers, they continue to say that they.

checked and the handcuffs are just fine. >> They're not tight. >> It's tight. It hurts. It hurts my. >> supposed to be comfortable. But it hurts. tighten it a little bit. >> No, >> I'm not going to lose them so you can. slip your hands at them. No, you're. fine. >> No, it just hurts. Like. >> they're uncomfortable. >> No, but it hurts my wrist. Like I'm. losing something. >> They're uncomfortable. They're. handcuffs. >> You want to act like an adult. So now. you get to see how being an adult works. >> Look, you even got your sister screwed.

now. She's 18. She needs to get kicked. to the streets. >> You did it. >> I did it. >> You did it. You caught that. >> I did it. You have no idea what you're. talking about. You have. >> Your dad did not assault me. You. assaulted me. That is your choice. >> I didn't. >> So now these are your consequences. >> I've heard like a lot of stories about. cops of middle fingers. >> I actually went on a ride along not too. long ago with the police officer about. >> still doing this kind of stuff. >> What kind of stuff am I doing though? I. kind of like. >> Well, assaulting cops. >> I didn't assault a cop.

>> You did. You assaulted me. >> I would love to take it that up in. court. >> Well, you'll have your day in court. >> I mean, I would love to. Then you go. back inside the house and Sergio's. father is sitting on the couch in the. living room as Officer Smith explains. what's going to happen next. >> He's going to be going to jail for. aggravated assault. Um he's going to go. to the hospital first, get some. stitches, and then from there he'll be. transported. But even with it being a. felony, it's still probably going to be. the same thing. Be down there for an. hour or two and then call you to come. pick him up.

>> Okay. [clears throat]. >> Most likely they might hold him. It's. possible. But uh. >> juveniles that Yeah, it'll be juvenile. I could be referred to to adult court, but um it's not uh that time will tell. for that. >> I'm sorry about this, man. >> No, it's all right. He shouldn't have. done what he did. Um. we've tried to explain to him what he. did wrong. He's not comprehending or. he's just choosing not to. But. >> that's what I'm doing. I just. I'm just.

>> Yeah, >> I know it's frustrating. Um, like I try. to express to you, I'd look into. emancipating him. He is 16. He's at that. age where you probably could get could. do that. >> Okay? >> And at that point, he's an adult. You. don't want him here. You just come out. >> Okay? >> So, I'd look into that. If not that, maybe group homes, that's I mean, just. all that's going to do is help you. It's. not going to help him. He's not going to. get any help in a group home. But I. think part of it probably is um you know. his mental health issues, but I think.

other part of it is just him being a. teenager thinking he can do whatever he. wants. >> So. >> I I wish you the best of luck. I think. we have all your info, so we shouldn't. have to come back in and talk to you. again, but if we do, we'll just come. knock again. >> All right, sounds good. >> All right, thank you. It's at this point. a paramedic arrives to address the cut. to Sergio's chin, which will need. stitches. And he once again reports that. he's in severe pain because of the. handcuffs, but the officers seemingly. appear to brush him off. >> Loosen the handcuffs, please.

>> We've already checked them several. times. >> It hurts. Like I'm like, >> they're uncomfortable. >> No, like look like I can't move my hand. Like it hurts. >> You're not supposed to move your hand. >> Going numb. M. Can you please loosen it. a bit, >> please? so you can slip them and assault. us again. Not happening. Now, >> I talk a lot about the handcuffs. We're. going to get back to that. So, according. to the lawsuit, quote, "In the few. minutes it took the officers to move. Sergio out of the house, Sergio told the. officers the handcuffs were too tight. more than 25 times. And when Sergio was.

transported to a hospital, the lawsuit. states a nurse noticed Sergio was. tearful and complaining of pain, and so. she asked the officers to loosen. Sergio's handcuffs. The officers. refused, claiming the handcuffs were not. tight and that Sergio was moving too. much. When the nurse alerted the. officers to the fact that Sergio's right. wrist was swelling, the officers finally. complied with the request to loosen the. handcuff on Sergio's right wrist. Now, this part's important. Quote, "An X-ray.

taken at the hospital revealed that. Sergio had a fractured wrist for which. he required surgery." By the way, this. teen also needed five stitches in his. face to close the cut. That's the. allegation, the claim from the lawsuit. as well. There is another concerning. claim in the lawsuit, and that's that. Sergio repeatedly told the officers that. his father abused him. Now, the. allegation being that after saying this, the officers really didn't take him. seriously. In a notice of claim that was.

filed to show the intention of bringing. a lawsuit against the defendants, Sergio's attorneys wrote, quote, "Sergio. told the officers that his father abuses. him." Despite being mandatory reporters. of child abuse, the officers outright. dismissed Sergio, telling him that he. had not been abused and that Mr. Nino. can hit Sergio, tackle him, and do. whatever he wants. As Sergio tried to. further explain Mr. Ino's physical. abuse. Officer Willer told Sergio, "You. have no rights and your dad should beat. you." Sergio's sister confirmed Sergio's.

claim, but like Sergio, she was ignored. and dismissed by the officers without. showing any interest in or making. investigation into the reported child. abuse. And then you have this tearful. Sergio who made claims of abuse as he's. sitting handcuffed and bleeding on the. ground outside of his home. And again, this is all captured on the body cam. >> You really don't know anything. You. really don't know anything. >> I know that your dad is scared to lose a. job to hate you, which you should have.

been doing for a long time. >> It's really funny, man. >> I'm not laughing. You're the one abuses. all when I was a child. >> Do you not know what is? >> You don't. I know. I clearly know what. abuse is. I was choked by my mom was an. alcoholic. She died of alcohol. poisoning. And you really don't know. anything, man. I was abused all when I. was a child. You don't even remember. live this. I know. I remembered it. because it was up until I was 11 when. she died. You really don't know. anything, man. Like, it's really messed. up. It's really messed up. It's really.

messed up. So, I really don't like. getting abused now, too. I really don't. like it. I really You really don't. understand. You really don't understand. My My dad abused my mom a lot of times. I watch I watched him. I watched him. choke her. I watched him spit on me. >> So your dad abused your mom who abused. you. Interesting circle. >> Yeah. Yeah. That's how I live. That's. how I grew up.

>> So you decided to be a little brat. >> So I decided to be a little brat now. Really? >> Yeah. >> And that's crazy. That's crazy. You. really don't know anything about my dad. You really don't know anything. >> Going back to the nurse at the hospital, she also reported to the officers that. Sergio had made claims of abuse. Going. back to the notice of claim, it says. again, instead of taking the report of. child abuse seriously, as they are. statutoily required to do, the officers. dismiss Sergio's claims of child abuse. To justify their deliberate indifference.

to these repeated reports of child. abuse. The officers wrote in their. incident report that they explain the. circumstances to the nurse and reported. that Sergio had not made a prior claim. of abuse, which was false. And the. notice includes a snippet of the actual. police report as well in which officer. Gre writes, "While Sergio III was being. treated, he began making statements to. medical staff that his father abused him. and was punching him in the face. Medical staff contacted officer Willer. Smith and I about the issue. We. explained the circumstances around what.

had occurred and his recent behavior. We. also notified medical staff that he made. no statement to us at any time that his. father is actually abusing him." Hm. Now, the lawsuit also lays out prior. incidents that these officers were. apparently involved in that resulted in. investigations into their behavior. Now, this will be interesting to see if this. actually comes out at a trial, but it is. interesting that it's put into the. lawsuit. So, what does it say? So, for. example, there is a section titled. Officer Willer's known propensities, and.

it states, "Officer Willer was. responding to a father's call regarding. a family domestic dispute. In arriving, Officer Willer pushed a 14-year-old girl. to the ground to handcuff her. The. father protested Officer Willer's force. against his 14-year-old daughter, which. resulted in Officer Willer pushing the. father, the person who originally. requested the officer's presence, multiple times. The father repeatedly. told officer Willer and the other. officer that he did not want his. daughter arrested and that she was. suffering from mental health issues. But. Officer Willer ultimately ignored the.

father and continued on with arresting. his 14-year-old daughter. In another. incident, Officer Willer, according to. this lawsuit, was accused of not taking. a mother's report that her teen daughter. was in a relationship with a grown adult. very seriously. And it was actually his. partner. They claim, this lawsuit claims. that that day his partner was the one. who ended up verifying the suspect's age. and arresting them. Again, according to. the lawsuit, quote, "Officer Willer has. been issued quote supervisory counseling.

multiple times as a result of the. various complaints, investigations, and. policy violations." Quick note, these. are allegations that are made in the. complaint, right? We don't know if any. of these incidents happen the way that. they're being described, but these are. allegations. And now we go to Officer. Smith because the complaint also accuses. Officer Smith of being unnecessarily. aggressive. The suit states, "In July. 2023, Officer Smith transported a. 14-year-old girl to a clinic after she. made self harm statements when Officer.

Smith entered the 14-year-old girl's. clinical room. The 14-year-old girl spit. on Officer Smith. Officer Smith then. pushed the 14-year-old girl's neck and. chest towards the bed and exited her. clinical room. When he exited the room, he swung his right arm and struck the. wall in the hallway with an open palm, causing a palmsized hole in the drywall. As a result of the incident, Officer. Smith was issued a written reprimand. So.

Sergio's legal team filed the lawsuit. under two claims here. First, they. alleged that the officers who interacted. with Sergio violated the Fourth. Amendment. And the Fourth Amendment, of. course, protects people from. unreasonable and excessive force during. searches and seizures. The lawsuit. contends that Sergio was never a threat, that he was an unarmed minor, that the. officer's reaction to him searching for. his phone was unreasonable. The second. claim is for battery, which is against. all the defendants, so that includes the. city of Phoenix. And this is talking. about an intentional harm here.

According to the lawsuit, at all. relevant times, the officer defendants. who use force against Sergio were acting. under the direct supervision and control. of the city of Phoenix who is. vicariously liable for the actions of. the officer defendants that interacted. with Sergio. Now, vicarious liability in. the law is when you can hold a. principal, so an organization, a. company, a city, responsible or liable. for the actions of their agents, their. employees who do something during the.

course and scope of their employment. By. the way, going back to Sergio, he was. accused of aggravated assault on a. police officer and resisting arrest, but. according to his lawyer, the charges. were dropped. Sergio's lawyer also told. the outlet, Arizona Family, that. Sergio's father supports him taking this. legal action and that apparently things. between them are much better, that their. relationship is much better now. So. Sergio and his attorneys, they are. demanding a jury trial. According to. Maricopa County Civil Court Records, a. summons has been sent to each of the.

defendants, but apparently no response. has been filed back yet. A Phoenix uh PD. spokesperson told Arizona Family that it. doesn't comment on ongoing litigation, but we'll keep a careful eye on where. this goes next. That's all we have for. you right now here on Sidebar. Everybody, thank you so much for joining. us and as always, please subscribe on. YouTube, Apple Podcast, Spotify, wherever you should get your podcast. You can follow me on X or Instagram. I'm. Jesse Weber. I'll speak to you next. time.