Baltimore Sun Sunday

Man who filmed traffic stop accepts community service, writes apology

- By James Whitlow Aegis Editor S. Wayne Carter Jr. contribute­d to this article.

A New York man arrested on charges of obstructin­g and hindering a Harford County sheriff ’s deputy at a traffic stop he filmed had his case indefinite­ly postponed, with the man agreeing to community service and to apologize.

SeanPaul Reyes, 30, was arrested May 4 in Joppa during the stop conducted by Senior Deputy Keith Jackson. The sheriff ’s office initiated an internal investigat­ion of the matter and posted body camera footage of the stop to its Facebook page.

Jackson was consulted throughout the case and agreed for it to be resolved in this way, according to a July 21 statement from the office of the Harford County state’s attorney.

“He now acknowledg­es that his actions were misguided, recognizes the important role law enforcemen­t play when engaged in the course of their duties and understand­s the proper way to exercise his [First Amendment] rights,” according to the statement.

In Reyes’ letter, which the sheriff ’s office posted to its Facebook page, Reyes said he “fully understand­s” the deputy’s response to his actions and “I can see now you didn’t violate my [First] Amendment rights, as you offered for me to film from another location nearby.”

The criminal case was placed on the stet docket, meaning the parties involved agreed to have it indefinite­ly postponed, according to Deputy State’s Attorney Gavin Patashnick. Stet cases can be reopened for any reason within the first year of postponeme­nt, and reopened for good cause after that year. After three years, a defendant can apply to have the case expunged from the legal record.

Patashnick said the community service amounts to 10 hours, to be done in Harford County.

Reyes’ attorney, Matthew Bennett, said he was pleased to reach a conclusion in the case.

“My client is glad that we resolved this amicably, and he plans to continue to do his First Amendment auditing work and will make sure he does it in a lawful manner consistent with the Constituti­on and the laws of the jurisdicti­on,” Bennett said.

“I will never stop peacefully exercising my constituti­onal rights,” Reyes wrote in the letter. “But going forward I will do so in a way that does not put the safety of law enforcemen­t of the public at risk.”

In a roughly 5-minute video posted July 21 to the sheriff’s office Facebook page, Sheriff Jeffrey Gahler said Reyes has withdrawn his formal complaint against the deputy and, as such, the internal investigat­ion was ended.

“Our office of profession­al standards did not find any violation of our policy or law during the already completed work of the administra­tive investigat­ion,” Gahler said.

Gahler noted that the sheriff ’s office uses body cameras and dashboard cameras and that deputies are frequently recorded by members of the public.

“At no time was he ever told he was being arrested for recording,” Gahler said of Reyes. “This individual was placed under arrest after refusing to obey the orders of the deputy to move back and hindering the deputy in the performanc­e of his lawful duties.”

The bodycam footage shows Reyes approachin­g officers during the traffic stop and filming them from a sidewalk with his smartphone.

Jackson asks what Reyes wants and tells him to back away from the traffic stop as Reyes walks closer. Reyes, who posted his video of the exchange on his YouTube page, says he is on a public sidewalk. Jackson instructs him to back up several times before pointing his stun gun at Reyes, who takes a few steps backward. Jackson says Reyes is interrupti­ng the traffic stop, while Reyes maintains he has a right to film the police.

After some argument, Jackson tells Reyes to put his hands behind his back and that he is under arrest. Two deputies handcuff Reyes and seat him on the curb. Jackson says Reyes was approachin­g the scene from the rear and that he could have filmed from another location instead of walking up close behind the police cars. Jackson tells Reyes he unholstere­d his stun gun because Reyes would not stop moving toward him.

“We will allow you to video; I do not care if you are standing over in that parking lot there where I can see you,” Jackson says. “As soon as we do a traffic stop or any other type of investigat­ion, we drop a bubble on the area we are in. You are not walking up behind me.”

As he sits on the curb, Reyes and the deputy argue about what happened. Reyes apologizes and asks to leave, while Jackson says that Reyes took his attention from the traffic stop and was confrontat­ional.

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