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Controversial 'cop watch' videos: free speech or a threat?

SAPD and the City Attorney’s office said the behavior of a man recording videos interacting with law enforcement is far more than free speech.

SAN ANTONIO — Jesus Padilla is a San Antonio man with almost eight-million views for controversial "cop watch" videos he posts on YouTube.

Padilla, who uses the name “Mexican Padilla” on the popular social media site, said he is just exercising his right to free speech when he records videos of himself and others interacting with law enforcement personnel. 

The San Antonio Police Department and the City Attorney’s office said Padilla’s behavior is far more than free speech.

Police Chief William McManus said “They are vulgar. They are profane. They are insulting and last but not least, they are unnecessary...and the court proved them wrong yesterday."

A video Padilla posted last April is evidence of a confrontation that happened at the Central Police substation when Padilla says he went to file a complaint.

In the video, uniformed officers can be seen and heard engaging in a heated, name-calling exchange as several men exited the building.  Padilla said he was angered when the officers tried to slam a door on him.

The City Attorney's office said in this, and other incidents, Padilla is a threat to the safety of officers.   

Head Prosecutor Jose Nino said, “The City Attorney's office is committed to upholding the First Amendment, however when those words or actions tend to incite a breach of the peace, then it's our duty to prosecute to the utmost of the law.”

Nino said, “In this case, Mr. Padilla and his cohorts or his partners went ahead and used not only abusive but language towards our officers, but they did it with the intent to get a negative reaction by officers.”

McManus said when officers on patrol are distracted by the aggressive behavior seen in the videos, their lives are at risk.

“We are held to the highest standards and the highest accountability in many, many ways.  Anyone who wants to monitor or audit us is more than welcome to do it, but you can't come out and insult and call police officers derogatory names and in an aggressive way, that puts police officers in fear of their own safety,” McManus said.

When asked about building relationships with community members, McManus said “When you're almost nose to nose with a police officer and doing it in an aggressive way, that is not monitoring or auditing police.  That's insulting and attacking police and it's a distraction to officers who are standing there trying to protect a crime scene or direct traffic or do whatever it is they are doing. It's a distraction to them and could likely lead to the officer getting hurt.”

McManus said he appreciates the City Attorney’s office bringing the charges to trial.

“He was charged with three counts of disorderly conduct and found guilty at the end of the trial and fined $500 for each of three counts of disorderly conduct, plus court costs. And I can say for every police officer out there that we are pleased with that verdict,” McManus said.

During a phone interview, Padilla said he is under house arrest in connection with another charge that is similar to his Tuesday convictions.

Padilla said he believes it is unfair for prosecutors to prevent him from earning a living while awaiting trial on charges he considers unjustified.

“They said that's their policy, but the policy is the law. I go by the law. I go by the United States Constitution."  

Padilla said law enforcement officers are trained to have thick skins and they should be held accountable when they exceed the bounds of their legal authority to intimidate and bully citizens.

Prosecutor Nino said there are two more people awaiting trial on similar charges in the coming months, and they will pursue those cases just as aggressively. 

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