Jose “Chille” DeCastro ended the year with a rare admission that his currently filed court case against Duncan, Oklahoma, that was filed in California’s Central District Court would be better suited in an Oklahoma based federal court.
DeCastro made his admission in a filing posted on Tuesday, stating that his chosen venue of the Central District of California was improper to hear the challenge to both the warrants he’s facing in Duncan and the lawsuit itself.
The diminutive YouTuber was not actually arrested for the early September incident where he filmed himself pulling on the doors of three Duncan police cruisers after seeing AR-15 long guns displayed prominently in a supposedly “unsecured” fashion in the vehicles.
DeCastro has admitted to the action and claimed his “guilt,” but has also explained that as a First Amendment auditor who had announced he was performing a First Amendment audit, it was in his rights to test the security of the vehicles by attempting to gain access to the firearms.
The case had a setback this week as it was revealed in court filings that prosecution of DeCastro was well underway before the October FOIA request the YouTuber had claimed sparked his retaliatory prosecution two months later.
A new document released to DeCastro’s file on the Oklahoma court system website indicated that prosecutors in Oklahoma’s sixth district, where Duncan is located, were already seeking to recuse themselves from the prosecution of DeCastro back in September.
While the file was added on December 26, 2025, the request to reassign DeCastro’s case from District 6 to District 3 was made on September 16, 2025, a month before DeCastro claimed he made a FOIA request on another matter that resulted in the issuance of warrants for his arrest in December.
DeCastro’s filing essentially is asking for a transfer of his civil case against the city of Duncan and is police officers to the Western District of Oklahoma. His filing indicates that he feels positive that said district would be able to handle issues of separation of Federal and local courts under the Younger abstention.
That abstention essentially blocks Federal courts from interfering in state or local courts except in extreme conditions. A ruling in California’s Central District Court blocked DeCastro’s attempt to have the warrants for his arrest thrown out on these grounds earlier in the month.
In the new filing, DeCastro says he’s aware of the Younger issues and claims that he is not presently seeking injunctive relief interfering with his state prosecution. He also added that he understands that his federal lawsuit may have to wait until after the resolution of his criminal case in Duncan.
There is no reason to believe that said criminal case will move forward any time soon as Oklahoma tends not to extradite on misdemeanor warrants and DeCastro has made it clear that he is fearful of returning to Oklahoma based on the warrants.
In other DeCastro news, he alluded to his next lawsuit this week as he announced that he would be suing another group of police officers “by Valentine’s Day.” If this is true, DeCastro is more than likely referring to taking actions against the group of officers who arrested him for interference in a traffic stop on Valentine’s Day, 2024.
DeCastro has a two-year statute of limitations to sue over his arrests in Nevada, with the final incident that he has yet to sue over corresponding with that arrest. In that incident, DeCastro crossed through posted crime scene tape twice before aggressively confronting multiple police officers who were wrapping up their investigation of a fatal traffic accident.
Those charges were later dropped.
The YouTuber is also suing over an incident where he performed an illegal U-turn in front of police officers in 2024 and for his 2023 arrest for interfering in a traffic stop. He is also suing the prosecutor in that incident along with the judge who convicted him and the judge who acquitted him of the charges.
DeCastro currently is believed to have missed a designated deadline to respond to a motion to dismiss in that case filed by defendants Clark County, Nevada, and Deputy District Attorney Agnes Botelho that was due on December 30, 2025.
It is unclear if there will be ramifications for DeCastro’s continued deadline issues.
This is a breaking news story.
