The Oklahoman

YouTubers charged over call to 911, confrontat­ion

First Amendment ‘audit’ recorded

- Nolan Clay The Oklahoman

For years, YouTuber Floyd Wallace Jr. of Omaha, Nebraska, has been traveling across the Midwest recording run-ins with police.

He and others like him describe themselves as First Amendment auditors or activWalla­ce ists.

“Remember, I am fighting for your freedoms,” Wallace says in one video.

Now, he and two other YouTubers face a misdemeano­r charge accusing them of falsely reporting a crime to instigate a confrontat­ion with Oklahoma City police April 29.

The 911 caller reported a guy was hiding in the bushes “Ninja-style” outside the Carver Correction­al Center, according to a recording released by police.

“I don’t know what he’s doing. He might be trying to plant some dope on the facility,” the caller said.

Charged were Wallace, 25, Timothy Harper, 53, of McLoud, and Patrick Roth, 23, of Conroe, Texas.

They face one misdemeano­r count of falsely reporting a crime and one misdemeano­r count of conspiracy.

Police posted body-worn camera video of the April 29 run-in after one officer warned Wallace twice to back off, then pushed him to the sidewalk and handcuffed him.

“A recent use of force incident has been getting significant community response and comments on social media regarding what took place,” police said. “It is imperative that we maintain transparen­cy about what happened so we are releasing the 911 call and the officerworn body camera video showing the use of force incident.”

On the video, Wallace complained after being put in handcuffs that police were violating his rights.

“I asked you for your name and badge. I didn’t touch you,” Wallace said.

“No, you pulled your fist up at me. You approached me. You were going to attack,” the officer said.

“No, I wasn’t,” Wallace said. “I wasn’t a threat.”

Auditors record confrontat­ions

Before the pandemic, First Amendment auditors had become more commonplac­e at government facilities. Some had thousands of subscriber­s on YouTube and the most popular even made money from their videos.

As restrictio­ns ease in many parts of the country, auditors are becoming active again, even as a national reckoning continues over issues of race and the role of police in society.

Before the incident in Oklahoma City on April 29, the 911 caller specifically described the “hiding” male as Black, a police detective reported in a court affidavit.

The detective identified the caller as Harper.

“As a member of the Criminal Intelligen­ce Unit, I have had personal contact with Timothy Harper, a known 1st and 2nd Amendment auditor, on multiple occasions and know Harper’s voice well,” the detective, Thomas VanNort, wrote in a court affidavit.

“Mr. Harper describes himself as being ‘across the street … where the truck fleet thing is’ and claims to be working there, ‘where we sell stuff,’ but is clearly struggling to explain where he is, despite claiming he works there,” the detective wrote.

“When the 911 call taker asked for Harper’s name, it took Harper several seconds to say his name was ‘Duncan Johnson,’ concealing his true identity.”

Harper called from Roth’s phone number, the detective said.

Suspect has history of recording interactio­ns with police

The charge was filed Thursday in Oklahoma County District Court

Wallace could not be reached for comment, and Harper did not return calls for comment.

Roth said Friday, “I don’t believe it’s fair because I didn’t call anybody. People have been giving me hell online for something Tim did. … I didn’t know he was even doing that.

“This is a cover-up technique,” he also said. “They’re charging us and trying to make us look bad because of what the officer did. … They don’t want that to be talked about.”

Police believe Wallace recorded the interactio­n from a camera device built into his eyeglasses. They reported Harper and Roth both had their phones out and “looked like they were recording the event.”

Harper became well-known to police before the pandemic for conducting what he called Second Amendment audits.

He regularly livestream­ed himself carrying a rifle or AR-15 pistol in public places and being confronted by police. A video of his run-in with officers at Edmond’s Hafer Park was viewed more than a million times.

He called what he was doing “audits” to educate the police on gun laws and to make the public more comfortabl­e with seeing lawfully armed citizens

He was charged with a felony, though, after he took his rifle into Twin Peaks on Nov. 2, 2019. Last year, District Attorney David Prater dropped the criminal charge “in the best interests of justice.”

 ?? PROVIDED BY THE OKLAHOMA CITY POLICE DEPARTMENT ?? An image from an Oklahoma City police officer's body-worn camera of an incident April 29 in south Oklahoma City that led to the arrest of the man dressed in black.
PROVIDED BY THE OKLAHOMA CITY POLICE DEPARTMENT An image from an Oklahoma City police officer's body-worn camera of an incident April 29 in south Oklahoma City that led to the arrest of the man dressed in black.
 ?? YOUTUBE SCREENGRAB ?? Floyd Wallace Jr. and two other YouTubers face a misdemeano­r charge accusing them of falsely reporting a crime to instigate a confrontat­ion with Oklahoma City police April 29.
YOUTUBE SCREENGRAB Floyd Wallace Jr. and two other YouTubers face a misdemeano­r charge accusing them of falsely reporting a crime to instigate a confrontat­ion with Oklahoma City police April 29.
 ??  ??
 ?? YOUTUBE SCREENGRAB ?? Floyd Wallace Jr. and two other YouTubers face a misdemeano­r charge accusing them of falsely reporting a crime to instigate a confrontat­ion with Oklahoma City police April 29.
YOUTUBE SCREENGRAB Floyd Wallace Jr. and two other YouTubers face a misdemeano­r charge accusing them of falsely reporting a crime to instigate a confrontat­ion with Oklahoma City police April 29.

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