An angry Jose “Chille” DeCastro trotted out his greatest hits in two Thursday night live streams while making his first extended comments on his arrest in Las Vegas Wednesday night for resisting arrest and obstruction.
In the first live stream, DeCastro is seen patiently waiting for police to finish a traffic stop in which they had two men handcuffed on the side of the road. As the police are leaving, DeCastro timidly approached the men and asked them to comment on the stop and inquired about injuries he said they had due to being placed in handcuffs.
The men initially denied having injuries from the traffic stop and said that the police were only doing their jobs as they went through an intersection on a yellow light that changed to red. This triggered DeCastro, who seemed more relaxed as the police had left the scene, who made both men display their wrists for bruising and sent them to his YouTube channel for more information.
The second live stream featured an agitated DeCastro giving his reaction to the events from the past day. He described his feelings in a manner some may describe as post traumatic stress disorder as he was clearly angry and upset about the arrest and was unable to process his inability to control the situation with the police.
He replayed the arrest footage and brought out a threat to sue the Las Vegas Metro Police in a Federal Civil Rights lawsuit for violating his right as a journalist to record the police. He stated the arrest was based on Nevada’s revised statute 171.1233.
NRS 171.1233 Recording of law enforcement activity. (https://www.leg.state.nv.us/nrs/nrs-171.html#NRS171Sec1233)
1. A person who is not under arrest or in the custody of a peace officer may record a law enforcement activity and maintain custody and control of that recording and any property or instruments used by the person to record a law enforcement activity. A person who is under arrest or in the custody of a peace officer does not, by that status alone, forfeit the right to have any such recordings, property or instruments maintained and returned to him or her. This subsection must not be construed to authorize a person to engage in actions that interfere with or obstruct a law enforcement activity or otherwise violate any other law in an effort to record a law enforcement activity.
2. A peace officer shall not act to interfere with a person’s recording of a law enforcement activity, including, without limitation, by:
(a) Intentionally preventing or attempting to prevent the person from recording a law enforcement activity;
(b) Threatening the person for recording a law enforcement activity;
(c) Commanding that the person cease recording a law enforcement activity when the person was nevertheless authorized by law to record the law enforcement activity;
(d) Stopping, seizing or searching the person because he or she recorded a law enforcement activity; or
(e) Unlawfully seizing property or instruments used by the person to record a law enforcement activity, unlawfully destroying or seizing any recorded image of a law enforcement activity or copying such a recording of a law enforcement activity without the consent of the person who recorded it or obtaining approval from an appropriate court.
3. As used in this section:
(a) “Law enforcement activity” means any activity by a peace officer acting under the color of law.
(b) “Peace officer” means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.
(c) “Record” means to capture or attempt to capture any moving or still image, sound or impression through the use of any recording device, camera or any other device capable of capturing audio or moving or still images, or by means of written notes or observations. The term includes, without limitation, the capturing of or the attempt to capture any moving or still image, sound or impression through the use of any such device for the purpose of broadcasting an event or occurrence in real time.
While DeCastro was partially correct in his description of the law, he was incorrect in his description of what he was arrested for. DeCastro was actually arrested for violating Nevada State statutes 197.190 and 199.280.3, making a false statement to police or obstruction and resisting a public officer.
DeCastro essentially asserted that as a journalist, the police cannot stop his recording in any case and that by shutting off his phone he violated section 1 of the statute, which allows a reporter to maintain control of his recording device.
He eliminated the fact that he was standing in the middle of a crime scene when he was filming and was asked to move by the police officer at the scene. He was never asked to stop recording. When he refused to obey the officer’s commands and placed both the subject of the traffic stop and the officer in jeopardy with his erratic behavior.
DeCastro admitted to engaging physically with the officer and bragged that he could have justifiably killed the officer at the scene in defense of himself. He went back to this statement multiple times during the broadcast, saying he had dreams about violently assaulting the officer but would not act with violence until someone started a revolution. That revolution in which he would not lead, but he would openly participate in to bring change.
He showed light bruising on his elbow and bicep and claimed that a second officer “tortured” him at the scene after DeCastro refused to turn and face a police car. He claimed that the officer dug his fingernails into his arm for a half an hour, which resulted in bruising and swelling. He pledged that he would have the second officer fired and would take the officer’s pension and savings account as part of a future lawsuit.
The rest of the broadcast continued with DeCastro’s greatest hits. He challenged the officer who arrested him to a cage match brawl at the UFC ring in Las Vegas. Officer Chad Gue of the Ironton Police Department was also challenged. He claimed he needed 12 people to beta test the soon to be launched endtorturecuffs.com. His transparency app was coming soon. His revised trifold would be released “any day now.” DeCastro finished with his misinterpretation of Rodriguez vs. the United States before calling it a night.
DeCastro drew his largest audience to date to the live stream, peaking at over 1800 people in his live chat and taking in over $1000 in super chats.
The diminutive YouTuber is due back in court tonight for his arraignment on the two charges. There are also reports that the Our Nevada Judges channel has received permission to record the hearing.
