Oct 11, 2024
Dakaria Larriett was driving a friend home at 3:00 in the morning when he saw the flash of a Michigan State Trooper’s siren. Although Larriett was stone-cold sober, he soon discovered this would not be enough to protect him. After accusing him of a minor traffic violation, Officer George Kanyuh began to speculate over Larriett’s sobriety. A lawsuit brought by Larriett alleges that, after subjecting Larriett to a series of sobriety field tests, Kanyuh spent over two minutes unsuccessfully looking for drugs in his patrol car to use as planted evidence against Larriett. Once this failed, Kanyuh and his partner, Matthew Okaiye, took Larriett into custody and forced him to endure even more humiliating ordeals at the police station—including requiring him to defecate in front of them. It’s only thanks to body camera footage that the truth of this incident was revealed, but there are countless cases of similar behavior by police across the country which has never come to light. Taya Graham and Stephen Janis of Police Accountability Report review the case and its implications, speaking directly with Dakaria Larriett about his ordeal. Written by: Stephen JanisProduction: Stephen Janis, Taya GrahamPost-Production: Adam Coley Transcript The following is a rushed transcript and may contain errors. A proofread version will be made available as soon as possible. Taya Graham: Hello, my name is Taya Graham, and welcome to the Police Accountability Report. As I always make clear, this show has a single purpose, holding the politically powerful institution of policing accountable. And to do so, we don’t just focus on the bad behavior of individual cops. Instead, we examine the system that makes bad policing possible. And today we’ll achieve that goal by showing you this video of a bogus DUI stop that led to the false arrest of a man who is still suffering from the consequences of it. A harrowing encounter with Michigan State troopers that led to questionable charges, a humiliating search, and allegations of an officer attempting to plant drugs. But, it also calls into question the whole idea of how DUIs are investigated, all of which we will break down for you as we unpack yet another problematic use of police powers. And I want you watching to know that if you have video evidence of police misconduct, please email it to us privately at [email protected] or reach out to me on Facebook or Twitter @TayasBaltimore and we might be able to investigate for you and please like, share, and comment on our videos. It helps us get the word out and it can even help our guests. And of course, you know I read your comments and appreciate them. You see those little hearts I give out down there. And I’ve even started doing a comment of the week to show you all how much I really appreciate your thoughts and to show off what a great community we have. And of course, we have to thank our corporate sponsor. Oh wait, that’s right, we don’t run ads or take corporate dollars, but you can donate below, and we have a Patreon Accountability Report, so if you feel inspired to donate, please do, because we don’t run ads or take those corporate dollars, so anything you can spare is truly appreciated. All right, we’ve gotten that out of the way. Now, there is no crime more potentially destructive or dangerous than driving while drunk here at the Police Accountability Report, we support efforts by law enforcement to prevent it. However, we have also noticed a troubling trend, as we’ve reported, on questionable DUI arrests across the country. Sometimes it seems that police are overly eager to charge someone driving while drunk, overreach that can have devastating consequences for the people subject to it. And no DUI stop embodies this problem more than the video I’m showing you right now. It depicts the highly-suspect arrest of a Michigan man who’s being put through a grueling field sobriety test. Despite passing every facet of it, he still ended up in handcuffs, but that was only the beginning of his ordeal. That’s because even after his detainment, police weren’t done subjecting him to the cruelty and violations of our criminal justice system. The details of which we will share with you shortly, but first, the arrest itself. This story starts in Benton Harbor, Michigan in April of 2024. There, Dakarai Larriett was driving a friend home at 3:00 A.M. when he was pulled over by a Michigan State trooper for, ostensibly, not coming to a stop for a flashing red light. An accusation Dakarai firmly denies. However, from the beginning, the officer began accusing him of being drunk. Take a look. Kanyuh: Hey, how you doing? Dakarai Larriett: Good. Kanyuh: Good. You got a license on you? Dakarai Larriett: Yep, it’s in my bag. Kanyuh: In the back? Dakarai Larriett: In my bag. Kanyuh: Oh, go for it. Yeah, the reason I’m sobbing, there’s two red lights there. Make sure you come to a complete stop. Thank you. Where you coming from? Dakarai Larriett: St. Joe’s. Kanyuh: St. Joe? Where are you trying to get? Dakarai Larriett: I’m dropping him off right here. Kanyuh: Oh, okay. This address here? With the fence? Okay. Do you have any paperwork for the vehicle? Dakarai Larriett: I’m sorry? Kanyuh: Any paperwork for the vehicle like registration insurance? Dakarai Larriett: I do. Kanyuh: Can I see that please? Dakarai Larriett: Sure. Kanyuh: Does alcohol impact your ability to drive today? Dakarai Larriett: [inaudible 00:03:51] Kanyuh: Okay. When was your last drink? Has it been at least two hours? Dakarai Larriett: Yes. Kanyuh: Okay. All right. Two hours you said? What was it specifically? Smelling fruity and a little bit of something else on you. Dakarai Larriett: There was no alcohol in on me. Kanyuh: I can smell it on your breath. Something fruity like what were you drinking? Dakarai Larriett: There was no alcohol in here. Kanyuh: No? But it’s been at least two hours. Dakarai Larriett: There’s no alcohol on me. Kanyuh: All righty. Just hop out for me. I’m going to verify, okay. Taya Graham: Now Dakarai again politely denied the accusations. As you can see, he’s calm and collected in his answers. The officer did not accuse him of driving recklessly or swerving, instead, he simply ordered Dakarai to get out of the car as he continued to question him. Let’s watch. Kanyuh: You do the open carry for protection at all or no? Dakarai Larriett: I don’t. Kanyuh: Okay. You should, it’s kind of crazy out here. Right back this way for me. Why are you changing your story on that? I said two hours, and then I said I smell it on your breath, and now you’re denying it at all that’s suspicious to me. Dakarai Larriett: I am not commenting any further. I’m not [inaudible 00:05:13]. Kanyuh: Okay. Taya Graham: And so, it appears that based on a “fruity” smell and Dakarai invoking his right not to answer questions, the officer begins what can only be called the most potentially treacherous aspect of American DUI enforcement: the field sobriety test. Now I want to make something clear before we watch, field sobriety tests are not as scientific as they’re portrayed. The six studies cited by the National Highway Traffic Safety Administration to justify the use of these tests were not peer reviewed, and reveal a harrowing number of false positives anywhere between 20-40% of the time. Nevertheless, it has become a key tool of law enforcement even though it is important to note that you can refuse to take it. Still, unfortunately, Dakarai is put through a grueling battery of examinations starting with the horizontal gaze test. Kanyuh: And then arms down at your side like a pencil dive. Yep, just remain like that and then don’t move until I tie you move. Okay? Do you understand those instructions? Dakarai Larriett: Yes. Kanyuh: Okay. Is there any reason why you couldn’t stand there like that? Dakarai Larriett: No. Kanyuh: Okay. Weird question I got to ask you. I’m going to check your eyes. What I want you to do is just follow the tip of my finger with only your eyes. Do not move your head, okay? Do you understand? Is there any reason you couldn’t do that? Dakarai Larriett: No. Kanyuh: Okay. Are you wearing contacts right now? Dakarai Larriett: I am. Kanyuh: Okay. Same thing, just keep following with your eyes and only your eyes. You got to rub your eyes or something? Dakarai Larriett: No. Kanyuh: Okay. You’re just not tracking it. How long you had your contacts in? Dakarai Larriett: An hour or so. Kanyuh: Hour or so? So they’re not dry or anything? Dakarai Larriett: They’re fine. Kanyuh: They’re fine? Okay. Taya Graham: Next, the officer asked Dakarai to do the so-called Walk-and-Turn Test, an assessment, by the way, that can generate false positives 30% of the time and, truthfully, isn’t easy. Take a look. Kanyuh: Good. See this line here? Yeah, we can use this line. See this crack? Go ahead and stand on the crack with your left foot on it, and then your right foot in front of it, heel to toe. See how mine are heel to toe? Go ahead and do so. When I tell you to do so, you’re going to take nine steps heel to toe, when you get to your ninth step, I want you to turn, taking a series of small steps, come nine heel-to-toe steps, back up that line, all the way to nine. It’s important you’re keeping your arms down at your side, you’re looking down at your toe, and you’re counting out loud. When you begin the test, don’t stop until you’ve completed it. Taya Graham: Now, even though he performs the test meticulously, the officer persists in putting him through even more stressful examinations. At this point it seems crystal clear Dakarai has no problem with doing exactly what the officer demands, but he still makes him continue. Kanyuh: Do you understand those instructions? Dakarai Larriett: Yes. Kanyuh: Okay. Is there any reason why you couldn’t do that? Dakarai Larriett: I don’t think so. Kanyuh: Okay, I’ll stand back here, and whenever you’re ready, you may begin. Dakarai Larriett: 1, 2, 3, 4, 5, 7, 3, 9. 1, 2, 3, 4, 5, 6, 7, 8, 9. Kanyuh: Good. Taya Graham: But now, the officer ups the ante. That’s because even though Dakarai passes the so-called Standard Field Sobriety test endorsed by the National Highway Traffic and Safety Administration, the officer turns to a battery of non-standard tests that are even less scientific, raising even more questions about the process that includes asking him to recite the alphabet. Let’s listen. Kanyuh: So you know your alphabet? Okay, I’m not having you say it backwards, that’s not a real thing. Can you say your alphabet starting at A as in Adam, stop at R as in Robert, A to R. Do you have that ability? Okay, go ahead and do so. Dakarai Larriett: A-B-C-D-E-F-G-H-I-J-K-L-M-N-O-P-Q-R. Kanyuh: Good. Taya Graham: Then, venturing further into non-scientific territory, he asked Dakarai to count backwards. Kanyuh: Starting at the number 99. Can you count backwards from 99 to 81? Dakarai Larriett: 99, 98, 97, 96, 95, 94, 93, 92, 91, 90… Taya Graham: But Officer Kanyuh is not done, not hardly, because even though Dakarai passed each test flawlessly, the troop returns to another questionable exam, the One-Leg Stand Test, which once again has been accused of being non-scientific and inaccurate, 30% of the time. Kanyuh: I want you to stand just like this again, the same drama we’ve always been doing. Good. Remain like that and then don’t move ’til how to move, okay? Do you understand these instructions? Okay. Is there any reason why you couldn’t do this? No? Okay. Whenever you’re ready, you may begin. Dakarai Larriett: [inaudible 00:10:22]. Kanyuh: Remember to look down at that toe. Dakarai Larriett: [inaudible 00:10:36]. Taya Graham: Now as each of these tests unfold one after another, I want you to think about how Dakarai is feeling. First, he’s flawlessly following orders. One can only imagine how gut-wrenching it is taking these vague, imprecise, if not scientifically questionable, tests with your life hanging in the balance. And even though he is clearly under duress, he is respectful and steady, and he is obviously not drunk and not high, and yet the endurance test continues with another scientifically-sketchy request that requires him to decide when 30 seconds has elapsed. Just watch. Kanyuh: Go ahead and just take one step forward. Good. Hit same heels and toes touching just like this. Arms down at the side. When I tell you to do so, I want you to tilt your head back, close your eyes, and when you believe 30 seconds has passed, bring your head forward and say stop. Okay. Does that… Dakarai Larriett: Closing my eyes? Kanyuh: Yep, closing your eyes. When you believe 30 seconds has passed, look forward, say stop. You understand the instructions? Dakarai Larriett: I think so. Kanyuh: Okay. Is there any reason why you couldn’t do that? Dakarai Larriett: No. Kanyuh: Okay. Whenever you’re ready, begin. How much time was that? Dakarai Larriett: About 30 seconds. Kanyuh: And then how’d you get there? Dakarai Larriett: I’m sorry? Kanyuh: Did you count 1, 2, 3? You didn’t do one Mississippi or anything like that? Dakarai Larriett: No. Kanyuh: Okay. So just 1, 2, 3. Okay, cool. Taya Graham: And there’s more. Yes, there’s more. The officer, not satisfied, veers into another non-standard test known as the Finger-to-Nose test, which again is non-standard and is not an accepted test from the National Highway Safety Administration. Still the officer persists. Just look. Kanyuh: You’re going to keep your hands down to your side, and I’m going to call out an arm, so if I say left, you’re going to take your left arm… This is the tip of your finger. This is the tip of your finger and this is the pad of your finger. Okay? This is the difference. I want you to take the tip of your finger, the tip and touch, the tip of your nose. Go ahead and tilt your head back and close your eyes. Left, right, left, right, right, left. Good. You follow me. Taya Graham: And finally, the officer asks Dakarai to incriminate himself, requiring that he assess his own drunkenness even though it appears he has passed every single test thrown at him. Just listen. Kanyuh: On a scale of zero to five, as far as five being unsafe to operate a motor vehicles the most drunk and high you’ve ever been, and then zero being sober, where are you at right now? Dakarai Larriett: I don’t know. Is that relevant? I really know what you’re talking about. Kanyuh: It is relevant, but if you don’t want to answer it, I don’t care. Dakarai Larriett: I have not had any alcohol. Kanyuh: Not had any alcohol. Dakarai Larriett: I have not. Kanyuh: Okay. Now how about marijuana? Did you have had that? Dakarai Larriett: Excuse me? Kanyuh: Marijuana? Dakarai Larriett: I’m sorry, I didn’t understand. What did you say? Kanyuh: I said how about marijuana? Dakarai Larriett: No. Kanyuh: No marijuana? No. Dakarai Larriett: Okay. You want to hang out right here for me? Taya Graham: Now, apparently the officer has already reached his conclusion about Dakarai’s condition. You can listen here as he discusses it with another trooper who just arrived on the scene. It’s also a rare glimpse into how officers interpret a field sobriety test. Even if, for all intents and purposes, you passed, the point is it seems that no one passes. Kanyuh: Booze and marijuana. His eyelids fluttered worse than that guy’s. Okaiye: He’s got neck pulsation too. Kanyuh: He had numerous clues on the walk and turn like crazy Okaiye: I didn’t catch the standard, but you said walk and turn one night thing and all that? Kanyuh: One night stand was the wobbles [inaudible 00:14:52] was 23 seconds, fly with flutter, sways. Finger-nose. Terrible. Okaiye: What’s all that? Romberg? Kanyuh: 99 to 81, he stopped at 89. So even his mental, short-term memory. He’s going to refuse and then search warrant, but… Okaiye: He’s showing? Kanyuh: In the driving. Okaiye: What do you think you? You think is just number [inaudible 00:15:14]? Kanyuh: I think he’s got a medication he’s not telling… Okaiye: He’s got medication and I’m guessing it’s a medication for… He may be… I think he’s got a medication for that. And with that would be consuming substances like THC, marijuana, alcohol, whatever. You know what that does. Kanyuh: Yeah. Okaiye: Explaining what you’re seeing. Kanyuh: His driving behavior, I saw lack of smooth pursuit, but he wasn’t very good at following my finger. Okaiye: Lack of smooth, and divided attention, abilities affected. Whenever you speak with him, he’s looking away and moving his head, so I think it’s a combination of THC for sure. I didn’t really evaluate him, but you can definitely see impairment for THC. And then I think in his medications, describing medications affecting it, too. It’s performing effects of I’m going to take them, Taya Graham: But let me play some audio for you here that brought to Kari a lot of concern. Apparently at roughly 3:25, officer Kanyuh can be seen on body cam rifling through the trunk of his squad car for about two minutes, and then the video goes dark. During those moments. Officer Okaiye seems to say, “Drugs?” And Officer Kanyuh responds, “I don’t think I have any, I had a stash in your somewhere, but I don’t know where it’s at.” But you take a listen and judge for yourself. Kanyuh: I don’t think I have any. Okaiye: [inaudible 00:16:59] in the box. Kanyuh: Yeah, I had a stash in here somewhere. I don’t even know where it’s at. [inaudible 00:17:11] Don’t know why he thought, but yeah, I’m assuming weed and alcohol. Taya Graham: Now I am unfamiliar with any part of a field sobriety test where an officer needs to search for a stash in his own patrol car, but perhaps Michigan State troopers have a unique investigative technique. And I do understand, as I said before, that drunk driving is incredibly destructive, but it’s equally pernicious to accuse someone of it who’s ostensibly not guilty, and perhaps even worse is to fabricate a crime to make the innocent guilty. Remember, our system is designed to protect the innocent, and yet those safeguards fail as you what the officer does next when he says, “I’m going to take him.” Kanyuh: Is it Dakarai? Am I saying that wrong? Dakarai Larriett: It’s Dakarai. Kanyuh: Darkarai, I told you the reason for the stop was there’s two red lights. Okay? I know they’re flashing, but that’s still, you have to treat it like a stop sign at nighttime. At midnight the lights turn from red to flashing. Flashing red still means stop. I walk up to the car and I can smell alcohol, whether it’s you or your passenger, that’s why I asked the question, “Have you been drinking?” To which you responded it was two hours ago, and then you denied drinking alcohol. Dakarai Larriett: Actually what you stated was, “Was it at least two hours?” Something like that. You kind of inferred something, but no, I’ve not been drinking. Kanyuh: Well, I didn’t mean to give you a leading question. Dakarai Larriett: No, but to be clear, I have not been drinking. Kanyuh: You haven’t had any alcohol? Dakarai Larriett: I did stop. Correct. And I did stop at each of those lights. Kanyuh: I do have an on camera. Dakarai Larriett: Okay. Kanyuh: So it is recorded. Dakarai Larriett: All right. Kanyuh: Along with all my sobriety evaluations, which have led me to determine you are under the influence and driving. So now I have to bring you in for a blood draw, and then you have to sit a detox window. I can’t let you operate safely, because I don’t believe that you can. Dakarai Larriett: Please explain to me what test I failed. Kanyuh: Well, they’re not pass or fail, okay? But I’m noticing several signs of divided attention, not being able to focus on the instructions as I’ve given them. Dakarai Larriett: Well, I’m being tired. Kanyuh: And then fine motor skills being impaired, such as not being able to touch the heel to toe, the rigid body movements, you have sway, and on and on and on. I’ll type up a whole, probably be an eight-page report on this. And then here’s the deal, if you’re right and there’s nothing in your body, everything gets thrown out. Taya Graham: He said, “If I’m wrong.” Well that’s an awfully big if, and you will soon learn what happened when Dakarai was tested when we speak to him, and what we showed was just the beginning of the way that Dakarai’s rights and body were violated by these troopers and he will share what happened to him in jail. But first I’m joined by my reporting partner, Stephen Janis, who’s been looking into the case and going through the documents to report back to us. Stephen, thank you so much for joining me. Stephen Janis: Taya, thanks for having me. I appreciate it. Taya Graham: So, Stephen, what were the results of the blood test? Was the officer wrong? Stephen Janis: Yeah, it turns out the officer was absolutely wrong. The blood test showed no sign of any alcohol or anything else. So really it was a completely negative and actually inaccurate assessment of Dakarai’s state at that time. And so really it shows how flawed these systems are for evaluating people. And so yeah, absolutely nothing, zero, negative, although it took five months to find out. Taya Graham: Can you discuss some of the questions surrounding the field sobriety tests and what concerns it raises in these types of cases? Stephen Janis: Well, I think one of the concerns it raises is pretty simple. You have something masquerading a science that isn’t as scientific as it seems. If you look at the studies, they were controlled environments that aren’t similar to what happens when you’re out in the field, and they’re also highly inaccurate, like showing inaccuracy rates of sometimes up to 35%. So I think it’s very, very, very critical to look at these with a cautious eye and not be so willing to embrace an officer’s interpretation of some very subjective test and say, “Well that person is drunk.” Taya Graham: Stephen, you also researched a strange statement the officer made, which is that he had over 800 hours of field sobriety training. Okaiye: Well, like I said, we’re trained in standardized field sobriety evaluations. We’ve had over 800 hours that, and let’s say he’s wrong, let’s say I’m wrong, let’s say that you are completely fine. In our professional opinion through our training experience, we don’t believe you can operate their motor vehicle safely, so it’s our job as we swore to take an oath to make sure that you get home and everybody else gets home safe. We’re not going to chance it. What we’re going to have to do is we’ll allow you to park your vehicle, let your friend park your vehicle, whatever, we’re not trying to cost you the money, but we do have to take you to hospital, make sure you’re okay, because the substance we believe you’re taking with your medication, and then get the blood draw done. After blood draw is done, you’ll be detoxed and be free to go. There’s no added charges, nothing like that. Taya Graham: We researched the updated Michigan field sobriety test. Does that number sound right to you? Stephen Janis: Taya, it’s really interesting. What’s required right now is 24 hours of training for officers, including field training and some classwork, so 800 hours seems highly excessive. The guy really is doing a lot of time in the classroom. I don’t know if that really measures up, or if we can say that’s actually accurate, but right now the standard is much, much lower, and so I think questions remain about this entire arrest. Taya Graham: So do you have any insight into why these field tests occur at all? I, Wouldn’t it be easier just to do a breath, or urine, or blood tests and just let the science speak for itself? Stephen Janis: Well, I think that’s the big, big question. I know officers need tools to evaluate people, and they need tools to come up with probable cause, but we’ve watched so many of these where there’s so many questions and people really seem to pass them on every ostensible measure, and yet they still end up being arrested. So I think there needs to be a full and thorough evaluation of this process to make sure it’s really generating the results that are helpful in the sense that you’re arresting drunk drivers, but not innocent people, Taya. Taya Graham: And now to learn what happened after he was detained, the humiliation he endured at the hands of police and the consequences for him. Since I’m joined by Dakarai Larriett. Dakarai, thank you so much for joining me. Dakarai Larriett: Thank you so much for having me. Taya Graham: So tell me how this begins. Where were you headed before you were pulled over? Dakarai Larriett: Thanks for asking. So I was just dropping a friend off at his home. Taya Graham: When you were pulled over, how did the officer approach you? Did he describe why you were pulled over? Dakarai Larriett: So when he pulled me over, he mentioned that he believed I ran some blinking red lights a couple of miles away. Taya Graham: So the officer put you through a sobriety test. Can you describe what that was like for you? Dakarai Larriett: Well, it’s funny, I used to be a ballet dancer, and studied at the Alabama School of Fine Arts, and the way he was describing all of the steps, I thought to myself, “Is this a dance routine?” It started out initially as an inspection of my eyes and my ability to follow his finger, I believe. And from there it became standing in one place, counting, I guess determining my perception of time and space, and a very complex heel-toe routine. I was asked, do I know the alphabet? And from there I had to do A through R. I did a number countdown and that was just with Officer Kanyuh. Officer Okaiye also inspected me and asked a number of different questions about my ability to drive. Taya Graham: I’ve tested myself and my friends stone-cold sober sobriety tests and found them difficult. What was going through your mind during this extensive test? Dakarai Larriett: So, I was wearing pajamas. It was 3:00 A.M. I planned to drop my buddy off and then hit right back to the house and go to sleep. So I was not dressed for the weather. We have to remember this was Michigan on April 10th, it’s still winter weather, and I was shivering. I was in this dark alley. It was scary. I thought I was about to be murdered, frankly. So imagine having to do those tests and you’re thinking this is your last moment on this planet. I was thinking of my family. I had been in Cleveland, Ohio earlier that day for the solar eclipse, and spent some time with my sister, and it just really hit me that that might’ve been my last time seeing her or any of my family members, and I thought about my dog. Taya Graham: I’m so sorry. Dakarai Larriett: Sorry. Taya Graham: I know it’s traumatizing. Dakarai Larriett: My dog was in daycare, because I was in Cleveland for the weekend for the eclipse and I was just thinking, “What if my dog was at home by himself all this time when something happened to him?” He’s a nearly thirteen-year-old dog, he’s a senior dog, I’m sorry. Taya Graham: Trooper Kanyuh said you were wobbling excessively, that you fluttered and swayed during the one leg stand, and that your walk and turn were terrible, and that there were numerous clues that you were intoxicated. In truth, it’s a blessing to have the body camera, because it shows that you held your leg in the exact position you wanted for 26 seconds, on one foot, with not a single error. When you listen to the body camera, does it shock you to hear what the officer was saying and how he mischaracterized what happened? Dakarai Larriett: I guess the other interesting thing for me, and I guess surprise if you will, was what was happening to my friend in the passenger seat. So, that is not in the video that has gone public, and I have not shared that body cam video, because it is obviously altered. All the videos are altered. In fact, I made my freedom of Information Act request two, three days after this incident. It took them five months to give me video, and there are missing chunks in the video, audio between the officers even when they’re standing next to each other is inconsistent. So it sounds like it was dubbed, and there are sections that are completely missing audio. You can tell they were obsessed with the car, “Nice car.” It was just humiliation and my survival mechanism was, “Dakarai, you’re not going to win this battle in a dark alley at 3:00 A.M. two cops. You will not. Be quiet, comply. You can win the war because you are going to have all the evidence on your side. You’re sober, you don’t use drugs. All the evidence is going to support your side of the story.” And I guess that’s why I was so heartbroken when I heard the word “drugs” uttered by Okaiye because then I thought, “Well you can’t even win when you’re doing the right thing. If they had just found the stash, I would still be in jail and my life would be ruined.” Taya Graham: So if I understand correctly, you were pressured into a blood draw at the hospital. It was the best thing, considering that you had no drugs in your system, but still you were pressured into it. Dakarai Larriett: Yes, I was absolutely pressured to do the blood draw. And how did I arrive at the decision to do it? Well, I was told that I would get six points on my license and a suspension if I did not comply. But I thought it was so odd that they wouldn’t just give me a breathalyzer, like something objective, besides a dance routine. Taya Graham: The way the officers treated you, I thought, was very demeaning, and I hate to bring this up, but you were accused of swallowing drugs and you were made to go to the bathroom in front of Trooper Kanyuh. This officer appeared very polite on the early body camera, but forcing you to do this is violating. Dakarai Larriett: Going into the jail, it’s a typical booking process As one was seen on TV, because I’ve never been through this process before, ever, never been stopped like this, but name, all my identifying factors, et cetera, and fingerprints. All that is collected. And then they put me in this machine that looks like something from TSA and they are scanning me, I presume for any type of contraband. And there is a novice that is running the machine, and very unclear on how to operate it and they identify what they called an anomaly. And from there on throughout the night, I am being sent through this machine, I presume x-rays, again, and again, and again. So I’m not even really lodged, if you will, in the jail. I go to the cell, I come back, I go to the cell, I come back. Finally, they brought on a technician that seemed like she actually knew what she was doing. She looks at it and she goes, oh, those are gas bubbles. In the midst of all of this going on, Kanyuh goes, “That looks like a bag of drugs! Confess now or you’re going to face a trafficking charge, too!” At some point I’m going back and forth, back and forth to the cell, and I asked if I could use the restroom. Kanyuh comes behind me and says that’s where I need to go. It’s just this open toilet that anyone in the room can see and he yells, “Don’t flush!” It was so dehumanizing. Taya Graham: It seems to me the officer is very performative in his behavior of being a good guy and a professional on camera, but in the jail he really does change. Dakarai Larriett: A couple of follow-ups on that. So, when he was playing the good guy, good cop and Okaiye obviously tried to do it as well, I just want to go back to something you said. They offered to park my car for me. And I was discussing this with the passenger this morning, and we both just like light bulb moment realized that would’ve been the opportunity to plant. Taya Graham: So something that concerns me, is that for about two minutes the officer’s really been searching through his patrol car and then he says to another officer that you seem confused, and then he says he’s trying to find his stash. What do you think this means? Dakarai Larriett: It’s a hundred percent drugs, and it’s all written there in very plain, easy-to-understand language not even coded. And you really have to think about not only do we have that which is mind-boggling, but the context of it all. So the context is he spent two minutes digging through his cop car, the backseat, then he moved to the trunk, whatever he was looking for, he wanted it badly. Okaiye comes around to the back of the car probably trying to figure out what’s going on with this guy, because think about it, I’ve been standing in the cold, waiting after the sobriety test while he’s fumbling around in the car. So Okaiye comes around to see what’s going on. He says “drugs.” Kanyuh responds, “I don’t think I have any, I knew I had a stash in here.” So he connects drugs to stash. Then there’s a little bit of mumbling, but listen to it intently. They then basically make a comment to each other that I’m going to refuse anyway, meaning I would refuse an opportunity for them to get in my car, to search my car, to park my car, and that’s when they ultimately decide “We’ll just charge him on weed and alcohol.” Taya Graham: Did their dash camera show that you allegedly ran through this flashing red light? You calmly told them you committed no moving violations. Can you tell me what the dash camera actually showed? Dakarai Larriett: I believe the light they’re referring to was completely green, so that one was thrown out. And then the light that they alleged that I did not stop at, the one that actually was red, I pulled two, I paused, I put my signal on and I turned. Taya Graham: I read that it took over five months for you to receive your negative drug and alcohol results. Is that correct? Dakarai Larriett: At the hospital, I immediately tested negative for alcohol, and because the hospital was connected to my own healthcare plan, I managed to get that report in real time, and pulled it for myself when I got home that afternoon. And then, of course, they confirmed the result to me when I asked at the jail. Now in terms of getting the drug test results and Michigan State Police’s version of the alcohol test results, that did not happen until the very end of September. But if you look at the timeline in the request for testing, they knew by middle of April that everything was negative, and it seems like they continued to test, and test, and test. I don’t know if that’s a standard procedure or they were just incredulous that I was negative. Taya Graham: Can you tell me what you went through during that time, that five months waiting to be proven fully innocent? It must have been incredibly stressful. Dakarai Larriett: My first responsibility was to confirm that there was not a criminal matter at all against me, and the case actually was thrown out within a week, but they refused to give me a receipt or confirmation or anything like that until I received that formal test. But I still haven’t received anything that says that the case is a hundred percent closed. I have not. So two and a half months I did not have a plastic driver’s license card, couldn’t rent a car. I traveled extensively, and I would contact the sergeant, who I believed to be the bosses of the two troopers, almost weekly. Like, “Hey, what’s going on? Did you guys get the results? This is really inconveniencing my life.” And I would get answers that were very opaque, like, “we’re still working on your test” which really confused me and worried me that there was some tampering happening. Taya Graham: What do you want as the result of sharing your experience? What do you hope that outcome will be? Dakarai Larriett: I made a commitment that when I was mistreated I would use my resources, my privilege, to help those behind me. And I could have easily just walked away, and took my driver’s license, and been fine, but I decided I have got to expose this, I’ve got to get these troopers off the streets, and I’ve already reached out to some major, major law firms and encouraged them to look into what’s going on in Southwest Michigan. I am already protected. I’m not under any criminal investigation, but when I was in that jail, I knew that there were innocent people in there. Taya Graham: If you could speak directly to the troopers who arrested and harassed you, what would you want to say to them? What would you want to tell them if you knew they were listening to you right now? Dakarai Larriett: I would want them to know that I’m a person. I’m a human being. People care about me. Think about that. Think about what you’re supposed to be doing in your job. You’re supposed to be taking care of people protecting, not inventing crimes. Taya Graham: Now, I want to reiterate what I said at the beginning of the show, drunk driving is a dangerous and destructive crime. And I, for one, understand why police departments and the public emphasize efforts to thwart it. Drunk driving deaths account for roughly one third of all traffic fatalities every year. Roughly 11,000 died in 2023 due to people driving while intoxicated. But also, I think that what we witnessed in the video of Dakarai’s arrest shows the pitfalls of abandoning common sense and sound science as we try to prevent it, or more precisely what happens when a zeal to address a problem with cops and cuffs overwhelms common sense and the nuance that comes with it. This is certainly not the only false DUI arrest we have covered. There were the bogus charges against a Dallas firefighter Thomas C, who was forced to retire from his lifelong job as a first responder when officers used another specious field sobriety test to accuse him of driving under the influence, because he freely admitted using his doctor-prescribed Adderall. It took him two years to get his test results, which, although they were negative or too late to save his job. Or we shared the story of Harris Elias of Colorado, a professional pilot who was pulled over and again, thanks to a biased interpretation of a field sobriety test, ended up with false DUI charges, charges that took months to clear, that threatened his ability to do his job, and later resulted in a major civil rights lawsuit. All of these share some common problems. Cops are overly eager to bring DUI charges, and because of that, ignoring the evidence that is contrary to their opinions. Add to that a very subjective and flawed field sobriety test, a diagnostic process that seems easily susceptible to the concept of confirmation bias, where the officer administering the test already believes the subject is intoxicated, and thus interprets the results to confirm what he already believes, no matter how the person performs. And yes, there are imperatives that often lead to the incarceration of the innocent. Well-intentioned organizations like MADD, Mothers Against Drunk Driving, run DUI Ticket Competitions that frequently encourage officers to hand out DUIs in order to receive grants, awards, public acclaim, and promotions. Even the most wholesome goals can be warped when law enforcement is incentivized by quotas and financial rewards. But I believe something else lies deeper at the very root of these bogus arrests we’ve covered, something more profound than just an officer making a bad decision, or not maintaining an open mind about how to enforce the law. I believe that flawed field sobriety tests are just like the other unjust forms of governance that were originally designed to solve a problem, but in the end seem only to perpetuate them. So what do I mean? Well, Stephen and I have spent a great deal of time reporting across the country on a variety of issues, and that includes our hometown of Baltimore where we spent five years documenting the use of tax breaks to spur development. As you may or may not know, Baltimore is a city beset by poverty and housing segregation that has struggled to stem population loss. It’s often deemed one of the most violent cities in America, and it has some of the highest concentrations of poverty, with thousands of abandoned homes, and to top it all off the highest property tax rate in the state, almost double the surrounding counties. Put simply much of Baltimore is part of America’s great inequality machine, incapable of producing enough affordable housing or reasonably priced healthcare for all of us, while increasing the amount of wealth concentrated among the top 1%, a symbol in many ways for how our current system consistently fails to address the needs of the many. And to my point about our flawed system for catching drunk drivers, Baltimore’s response has been equally flawed in addressing the root problem that afflicts our community. As we outlined in our documentary Tax Broke, one of the city’s primary solutions to population loss has been to award huge tax breaks to these developers. These carve-outs have allowed the wealthiest suburban builders to avoid paying the high rate that the city’s working class is regularly subjected to. And this is no pittance. Some estimate the city has given away billions in future revenues in order to build luxury developments that ironically do not include affordable housing. Instead, future tax revenue that should help pay for critical services and investment in the city’s future has been handed over to the already wealthy. Now of course, you’re probably asking at this point, “Taya, what are you talking about? How are tax breaks for development related to unfounded DUI arrests? What on earth are the commonalities between a bad development strategy and an overeager DUI cop?” Well hear me out. Here’s where it all ties together, and I will even give it a title: America is the Land of the Perverse Incentive. In other words, our country and its great neoliberal project have abandoned the idea that the government can do good and productive things. Instead, the elites have exchanged that idea for the false narrative that only incentives laden with cash can prompt real productive behavior. In this land of perverse incentives, medical companies are incentivized to bill people for diseases that they do not have. As stated in this report by the Wall Street Journal that found billions of dollars spent on patients who did not have the underlying disease that the medical insurers submitted to the government. In the land of perverse incentives, private equity firms take over stable companies and load them up with debt so they can pay themselves a dividend. Then, they fire staff and neglect investing in the firm itself, selling a carcass to Wall Street for the vultures. In the land of perverse incentives, people make more money trading money than they do building things like affordable housing. In fact, Wall Street creates huge funds to purchase single-family homes across the country and then they jack up rents, so middle-class families are stuck without options. And of course, in the land of perverse incentives, cops who make more DOI arrests are given awards, and departments that make more drunk driving stops are given more money, and thus we have the stories we reported before. And finally, in the land of perverse incentives, one of the poorest cities in the country has doled out billions in tax breaks to wealthy developers who don’t need it, in fact, it’s so absurd that luxury condos on top of the Four Seasons hotel in Baltimore received millions in tax breaks for environmental mediation, even though the records we uncovered showed none was done, and that the condos in question were literally hundreds of feet above the ground where the non-existent pollution was actually supposed to be. All of this is why we end up with sketchy DOI arrests based on shaky science, or a poor city that can’t build affordable housing, but can fund wealthy developers to build luxury apartments. Why a city rocked with poverty is neglected, while a system that monetizes the sick, so wealthy Wall Street investors can get rich over billing them and pushing them into bankruptcy, is called, ironically, health care. It’s this thread that connects all the dots of the realities that often seem to contradict themselves. Why would the wealthiest country in the world not be able to deliver affordable medical care to all who need it? And why would one of the poorest cities in the country not be able to build affordable housing if it is at the same time capable of giving away a billion dollars of tax revenue to the ultra rich? All of these questions are worth asking, because the outcomes are just so difficult to comprehend. Being sick should not be a prerequisite to bankruptcy. Being poor should not mean you pay higher taxes than someone who is unfathomably wealthy. Being sober, by having difficulty balancing on one leg, which was decidedly not the case with our guest, should not lead to an arrest charge and a shattered life. These apparent destructive inadequacies of governance affect all of us. This inability to use the resources of the people to serve the people ensures that we all suffer. This type of incentivized mayhem that finds form in bad policing should make us all question the priority of those who hold and wield the power. It’s incumbent upon us to hold them accountable and remind them that they serve us, not the other way around. I would like to thank my guest, Dakarai, for coming forward, courageously sharing his experience and shining a light on this abuse of power. Thank you so much for speaking with us. And of course, I have to thank Intrepid reporter Stephen Janis for his writing, research and editing on this piece. Thank you, Stephen. Stephen Janis: Taya, thanks having me. I appreciate it. Taya Graham: And I want to thank mods of the show, Holy D and Lacey R for their support. Thank you. And a very special thanks to our Accountability Reports Patreons, we appreciate you and I look forward to thanking each and every one of you personally in our next live stream, especially Patreon Associate Producers, John E.R., David K, Louis P, and our super friends, Shane B, Pineapple Girl, Chris R, Matter of Rights, and Angela True. And I want you to know that if you have video evidence of police misconduct, please email it to us privately at par@therealnews or reach out to me on Facebook or Twitter @TayasBaltimore, and we might be able to investigate for you. And please like, share, and comment on our videos, it can actually help our guests, and you know I read your comments and I really appreciate them. And of course, once again, we have to thank our corporate sponsor. Wait, that’s right, we don’t have a corporate sponsor. We don’t take corporate dollars. We don’t run ads, but we do have a Patreon, Accountability Reports. So if you feel inspired to donate, please do. You know you never see an ad on this channel, and we’re never going to be sponsored, so anything you can spare is truly appreciated. My name is Taya Graham and I am your host of the Police Accountability Report. Please, be safe out there.
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