The Texas judge who has become widely known online for throwing out cases in which Black defendants are charged without sufficient probable cause has gone viral yet again for another case dismissal, this time involving a Black motorist in the Houston area.
A video posted to TikTok shows Harris County Judge David Fleischer presiding over a court hearing for a man charged with interference with the duties of a public servant after a traffic stop.
The clip begins with Fleischer telling the defendant he could face a six-month prison sentence and/or a $2,000 fine if convicted before turning to the prosecutor to read off a probable cause affidavit.
“An officer initiated a traffic stop in Harris County, Texas after observing the defendant exceed a speed limit of 45 mph and make unsafe lane changes,” the prosecutor begins.
Adding, “The defendant did not have his driver’s license but told the officer his name and date of birth. While the officer was running the defendant’s name, he observed the defendant exit his vehicle and the officer told the defendant to get back inside the vehicle, and the defendant responded, ‘Do I have to?’ The officer exited the vehicle and attempted to detain the defendant. The defendant tensed up and locked his arms.”
“Everything is conclusory. What has he done wrong?” Fleischer asks, baffled and shaking his head.
A prosecutor tells the judge that the defendant’s speeding and initial lane changes are what prompted the stop.
At that point, the defendant tries to raise his hand to chime in, but Fleischer tells him to “stop” so he can continue questioning the reason for the charges.
“How fast was he going?” Fleischer asks.
“I spoke to the officer this morning who told me he was pacing the defendant at 54 mph,” another prosecutor states.
Fleischer tells the prosecutor that if the defendant was on Interstate 610 “he’s fine.”
Fleischer then questions why the defendant was charged with interference with duties. The prosecutor reiterates that the motorist got out of his car during the stop and after the cop demanded he get back inside, the defendant responded, “Do I have to?”
“And that’s the basis of arrest?!” Fleischer asks, looking flabbergasted.
The courtroom goes silent for a few moments and the defendant raises his hand once again to ask if he can speak.
“Don’t,” Fleischer advises. “Are you losing?”
“No sir,” the defendant states.
A few more moments of silence pass as Fleischer awaits a response from the prosecutor about the basis for the charges.
The prosecutor finally speaks again, stating, “And your honor, furthermore, as he attempted to detain him, he locked his arms and tensed up.”
“What’s the basis for arrest?” the judge asks once again.
“It was…” the prosecutor tails off.
“Walking while Black?” the judge asks.
“It was the attempt to detain him while he was trying to investigate,” the prosecutor begins to respond.
“What’s he doing wrong?” Fleischer asks.
As the prosecution struggles to answer the question, Fleischer makes the ruling that he finds no probable cause.
“He gets out of the car and then, just the virtue of fact him getting out of the car is interfering with the duties. Really? No,” the judge tells the prosecutor.
Fleischer then turns his attention to the defendant to gently advise him to “be careful out there” in the future.
“Life is hard as it is. People are always out to get you. Be nice, it’s not hard, and things will go well for you,” Fleischer tells the defendant who nods and smiles. “I got it, I’m with you.”
The video garnered nearly 11 million views and tens of thousands of comments after it was posted on Monday by a TikTok account that publishes recordings of hearings that Fleischer oversees.
Many viewers praised Fleischer for his no-nonsense approach.
“The judge stopping him from potentially screwing it up is wonderful,” one person commented.
“This is how the justice system should be,” another person said.
“This is why local elections to vote for judges is so important!” one comment read.
