Arrest

A YouTube video posted online by No Question Abaudit shows the Killeen Police Department responding to a traffic stop Dec. 18, and ultimately the arrest of the videographer.

A Killeen activist who regularly videos police interactions and posts them to YouTube claims he was wrongfully arrested Saturday after recording a police traffic stop in north Killeen.

Arrest

Killeen YouTuber Kevin Butler — who goes by the pseudonyms “No Question Abaudit” and “I’m the Public” — told the Herald recently that the city’s ordinance violates his constitutional rights of free speech and goes against a similar state law that allows people to video police while also commenting aloud on what they are seeing.

The videographer — who goes by the pseudonyms “No Question Abaudit” and “I’m the Public” — told the Herald Tuesday that the city’s ordinance violates his constitutional rights of free speech and goes against a similar state law that allows people to video police while also commenting aloud on what they are seeing.

In a news release Monday night, Killeen Police Department Chief Charles Kimble said the department is investigating an arrest after a video circulated on social media over the weekend, but he did not name the individual arrested.

In a visit to the Herald Tuesday, No Question Abaudit, originally from Detroit, Michigan, said he questions how lawful the Killeen Police Department’s charge is against him.

No Question Abaudit would not provide his name to the Herald Tuesday.

According to a Killeen Municipal Court docket, Kevin Duane Butler was arraigned on a charge he “interferred or obstructed an officer,” with a hearing date scheduled for the same day as No Question Abaudit’s hearing. The city court handles misdemeanor cases. The name of the arresting officer in Butler’s case also matched up with the officer making the arrest in the video.

According to KPD, an individual interrupted an investigation early Saturday morning in which a driver, who was pulled over during a traffic stop, was arrested for an outstanding warrant from Oklahoma.

“On December 18, 2021 at about 12:40 a.m., Killeen Police officers conducted a traffic stop and subsequently arrested the driver for an outstanding warrant out of Lawton, OK for Discharging a Firearm into a Dwelling. Investigating Officers learned that there was a weapon inside the vehicle and were trying to determine if any other laws were being violated,” Kimble said.

During the investigation Saturday morning, No Question Abaudit said he happened to witness officers and began filming the interaction as he’s done dozens of other times.

“While conducting their investigation, they (police officers) were approached by an individual who interjected himself into the investigation by engaging with other individuals in the vehicle, distracting the officers, and creating a safety hazard for all involved parties,” Kimble said. “The subject in question was arrested and charged violating Sec. 16-107 (Interfering with or Obstructing an Officer) of the City of Killeen Code of Ordinances.”

The videographer said that city law omits a key provision in a similar Texas law, which provides a loophole if the obstruction or interference “alleged consisted of speech only.”

Monday the police chief confirmed the department would investigate the arrest.

“The Killeen Police Department Code of Conduct requires our officers to preserve and protect the individual rights and freedoms of citizens,” Kimble said. “Due to the public interest in this incident, we will be conducting an investigation into the matter.”

In response to Herald questions about the investigation, KPD Assistant Police Chief Alex Gearhart said KPD’s internal affairs department is conducting the investigation and the two KPD officers involved in the arrest Saturday are not on administrative leave.

When asked if KPD would have investigated the matter if the arrest video hadn’t made waves on social media, Gearhart provided the following statement:

“All arrests are subject to supervisory review,” he said. “Referrals to Internal Affairs are usually generated from those internal supervisory reviews, or from an external complaint. Before either of those instances occurred, we learned of the video posting on social media and the public interest in the case. In the interest of transparency and accountability, we are conducting an internal review to ensure the arrest was lawful and within policy.”

When asked by the Herald for the name of the videographer arrested, KPD refused, saying it is KPD policy to not release names in misdemeanor cases.

Killeen city councilwoman Mellisa Brown posted a statement about the matter on Facebook Monday.

“I am aware of a video on YouTube showing the arrest of one of our citizens who appears to be a bystander at a traffic stop,” Brown wrote. “I am tracking the situation and will be requesting updates regarding the investigation into it. Once all information has been received and the investigation is completed the situation will be handled appropriately. Since there is an active investigation, I will be limited to what I can share until its conclusion. I appreciate your patience as we go through this process.”

Since September, No Question Abaudit has published 38 videos to his YouTube channel of the same name — mostly of interactions with Killeen law enforcement officers.

He said he began filming police officers, public officials, and other public entities after a Killeen traffic stop in February.

“My main thought process was just to document everything,” he said. “That’s the other reason why I named myself No Question Abaudit... It’s like an audit, so I’m auditing the police in the course of their duties.”

No Question Abaudit’s YouTube video of his arrest Saturday had more than 4,300 views as of Tuesday evening.

The videographer said he has witnessed a lot of KPD interactions in the neighborhoods around Rancier Avenue in north Killeen.

“Literally the majority of my interactions with the police are in the same neighborhood,” he said Tuesday.

No Question Abaudit said he was denied medical attention and a phone call at the Killeen City Jail where he was held for 12 hours following his arrest Saturday. He said he posted the video later Saturday, after he was released from jail.

The Killeen activist said he will continue recording interactions with public officials in an effort to educate citizens of their rights.

The ACLU of Texas was not available for comment Tuesday but offers general information online about the public’s right to film police. To visit the ACLU of Texas’s article about filming police visit https://bit.ly/32mD4F1.

ldodd@kdhnews.com | 254-501-7567

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(7) comments

Localsince72

There's video this person posted of him harassing citizens, he's walking up to random cars and demanding the people identify themselves as cops. One couple out playing something called Pokie Man were harassed by this guy after he bangs on their vehicle's window and demands they tell him if they are cops.

Come and knock on my window.

KPD should not allow someone like this, out bothering normies to influence their work in this miserable city that the police try and keep safe.

But alas, we live in a time when blacks can't be held responsible for anything because racism.

dailymajor

Woodlake, you must have been a heck of a law officer. Ummm umm. I wonder where you were employed and just what your position was. You sound like you were sooo understanding.....Octo, so glad you have "perused" the first amendment. Even with your expertise concerning the first amendment, I'm sure you realize that the 1st Amendment is not quite free speech for everyone all the time and in any way. I guess you are also sure that all men are created equal. They are not. .......A person can't make a verbal threat against another, yell fire and create a panic in a crowed theater, tell demeaning lies about another person, stand up and yell curse words in any situation, say certain things in certain ways in certain situations, give a police officer a false identification, or interfere with a police investigation.....The law is on the books, the so called "activist" broke the law. He, being sooo intelligent, should have known and kept quiet, which would have been the right thing to do.The officer didn't break the law, he did. ..Oh yes, he said something about being open and transparent. Right. ...I think I remember him not wanting to give his name to the press when he was arrested. I guess being open and transparent only applies to the police.

Woodlake

I support law enforcement. I am retired after 20 years of law enforcement service, and I have a Master’s Degree in the Administration of Justice. I know it can be an irritating job. But, during a time when officers are under scrutiny, nationwide, for violating citizen’s rights, police officers must stop reacting angrily to people who are recording public police actions and exercising free-speech rights. We are in America, not communist China.

Police seem to be so camera shy when “working for the public” but, they are first to make public appeals for cell phone video to support police actions when they feel those actions were justified. Police officers are certainly being reasonable when fearing a man with a gun but, stop fearing citizens with nothing more than a camera and a voice. It’s not helping your “image”.

Alvin

We, in this country, are going downhill with increasing speed as to what we allow in this state and in this Nation.

We continue to allow the bad guys the freedom to provoke our law enforcement agency's by this type of conduct. We used to have a high regard for our law enforcement, but now we constantly cajole the people of law enforcement while we can see no harm in the people of our city's government.

To illustrate, as was mentioned here, the officers pulled over a car, apparently with Oklahoma license plates and in the course of stopping the car, was informed that the individual had discharged a fire arm into a dwelling. After the car was pulled over an individual by a pseudo name came upo the scene and voluntarily interjected vocal comments to the other occupants of the automobile, and subsequently was arrested.

One, what right did that individual have to become involved, as a 3rd party, to become involved? Two, when questioned by the police, apparently he continued to say things after being informed that were contradictory to the advice of the police, and 3Three, was subsequently arrested on a misdemeanor charge where he said that 'he was denied medical attention'. What could the altercation with the police be so violent that he would need medical attention other than if he suffered an injury to his person 'before' the incident with the police.

Copy: 'During the investigation Saturday morning, No Question Abaudit said he happened to witness officers and began filming the interaction as he’s done dozens of other times'.

Continuing the copy: 'The videographer said that city law omits a key provision in a similar Texas law, which provides a loophole if the obstruction or interference “alleged consisted of speech only.” End of copy.

It would appear on the surface that this individual 'had it in for law officials as 'he happened to witness officers and began filming the interaction as he’s done dozens of other times' and he mentioned an apparent loop hole in the law in which the obstruction or interference consists of 'alleged consisted of speech only.' Then he must be looking for incidents to video the police in the performance of their duty as indicated above where he has admitted to filming interactions 'dozens of other times'.

Copy: ' Killeen city councilwoman Mellisa Brown posted a statement about the matter on Facebook Monday.' End of copy.

What has she to observe anything on U Tube other than she is purposefully looking for incidents of this nature and writes in a fashion that makes it appear that she is a casual observer. I say, in my opinion, she is not the disinterested observer that she contends to be, but that is only my personal opinion on the matter.

So where do we go for resolution of this matter? Do we continue to make issue of incidents whereby the officer continues to be subjected to this type of interference whereby the courts are tied up and not being able to get the really important matters at hand as I think that the man who has been in jail for nigh onto 5 or 6 years has not had his day in court and should be. Is this the law abeyance that we desire, that we jail an individual and then 'just leave him there' or do we wish for all of this Tom foolery to be removed so that we can get justice served?

Octotron

Alvin, I bet you lick so many boots you can tell what color they are by taste alone.

Octotron

Oh yeah, and to answer the only relevant question contained in your incoherent babble "One, what right did that individual have to become involved, as a 3rd party, to become involved?"

The answer is contained in the first Amendment 1 to the Constitution of the United States of America. I suggest perusing it sometime, it might prevent such instances of you looking so foolish.

buckwheat6105

The first amendment does not give you the right to break the law. To say the first amendment gives him the right to insert himself between police and a witness is like saying the right to film gives you the right to trespass; just because you’re allowed to film people, doesn’t mean you’re allowed to trespass and film someone.

Example: you’re walking down a sidewalk filming someone and they walk into a private business. You follow that person into the private business while continuing to film them and refuse to leave after the owner tells you to leave. You’re now trespassing and you can’t say ‘my right to film allows me to be here.’

Same concept: you have the right to tell people they don’t have to ID. You do not, however, have the right to interfere with police; the two are not mutually exclusive.

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