An unidentified police officer in San Jose, California, falsely claimed on March 19 that a 14-year-old boy could legally be assaulted for exercising his free speech rights because the teen was allegedly instigating a situation.
The teen’s father, Manuel Miraball, filmed as he asked the officer if his son could be punched in the face by an adult, and the officer repeatedly confirmed the boy could be hit legally.
The San Jose Police Department has not issued a comment on the incident.
Miraball described what led up to this bizarre conversation with the police on Facebook and posted a video of the original incident:
Today after dropping their sister off my sons were on their way to their school. Before they could even make it there, they were approached by some lady asking them hey where are you guys going, you need to go this way. My son ignored her and kept walking, she kept harassing them and then a guy got involved.
My son told them that where he’s going and what he’s doing is none of their business. The guy got mad and said you ain’t shit bro, your all talk, to a 14 year old kid. Then ran up and started choking my son, at that time my son started fighting back and socked the guy in the face.
He then called us while on our way to work and said dad and mom there is an older guy attacking me on the way to school. We get there and the officer asks my name, he immediately for whatever reason does a warrant check and probation check on me and my wife.
After we came back clear, we asked to press charges on the guy who choked him. They let him go and arrested my son. There was even a witness another older guy who jumped in for my son, they never took his statement. They just arrested my son and now he’s in juvenile hall with his first charge as a minor.