A criminal court judge in Texas delivered a stunning victory for a Black defendant facing charges of marijuana possession by swiftly dismissing the case due to lack of probable cause, and then chiding prosecutors for bringing the case in the first place, suggesting the man’s arrest had clearly stemmed from “walking while Black.”
The drug case facing the defendant, identified only as “Mr. Blake” took less than a minute to be thrown out of court.
Footage of the hearing in the Houston-area court was shared across social media, where it quickly went viral, with many voices praising the actions of Harris County Judge David Fleischer, a soft-spoken but headstrong jurist known for his tough-as-nails approach on the bench.
The video features a split-screen view of the judge and the defendant, standing nervously at the podium without a lawyer when Fleischer began speaking to him authoritatively.
@lulusrescue This judge is so fair and always no bs. I love how he cares for those who are infeint lf him #judge#law#nobs #enforcement #fyp#viral#money#ect ♬ original sound – lulusrescue
“Mr. Blake, you’re charged with possession of marijuana. We’re going to do probable cause. You have the right to remain silent.”
From there, the video skips forward a beat and picks up again with the prosecution stating the facts of Blake’s arrest.
“Defendant crossed an unauthorized crossing point — from a convenience store to an apartment complex.”
Judge Fleischer was immediately skeptical and interjected, saying, “Wait, wait. He did what?”
Off-camera, the prosecuting attorney matter-of-factly explained, “He crossed an unauthorized crossing point, so I guess he crossed the street.”
“So, jaywalking?” the judge asked, shaking his head and appearing very displeased.
“Yeah — Yes, your honor,” the prosecutor replied.
“Walking while Black?” the judge asked.
Instead of answering the judge, the prosecutor seemed to ignore it and quickly moved on to his next point.
“A PC search was conducted and the officer observed a large sack of marijuana,” the prosecutor said before Fleischer abruptly shut him down.
“I don’t think so,” Fleischer said dismissively, shaking his head no. “Walking while Black, I don’t think so. I’m going to find no probable cause.”
During the exchange, the defendant stood quietly with his eyebrows raised, appearing confused by what he just witnessed.
The legal standard of probable cause requires officers to have a legitimate reason for suspecting illegal substances based on the circumstances that prompted their initial suspicions leading to a search, which in this case involved jaywalking. However, Judge Fleischer didn’t buy it.
His use of the term “Walking While Black” highlighted the continuing issue of racial profiling and discrimination faced by Black people when they are simply out and about in public spaces.
The judge admonished Blake after dismissing his case.
“Mr. Blake, be careful, man. You know, the world is against you. Don’t let them be,” the judge said before hinting at the second chance he was giving Blake. “Do something with your life. You know what I mean?” Fleischer sounded as if he wanted to say more but held back and sent Blake on his way.
In a similar case in June, Fleischer dismissed charges against another Black man who was arrested after police saw him walking through a park when it was closed.
Zion Abiola was arrested on May 30 after an encounter with some officers who spotted him and another Black male walking out of a park that closes after sunset.
Officers chased Abiola and saw a handgun fall from his waistband. Eventually he was charged with evading arrest and unlawful carrying of a weapon.
In court, Fleischer found no probable cause to suspect Abiola had committed a crime.
“Here’s the rub. What’s he doing? Walking while Black? What’s he doing wrong?” Judge Fleischer said after the bailiff read the affidavit. “All I see is that they go up to him, and they just start searching. Walking while Black,” he affirmed.
Like Blake, Abiola was free to go.
