Hootin’ an hollerin’ in the presence of a police officer trying to enjoy his coffee is illegal and punishable by law in the state of Tennessee, apparently.
Two friends dining at a Waffle House found that out the hard way when they were arrested mid-meal, in an encounter that ended up costing them $1,200.
The incident occurred in Madisonville at 3:40 AM on October 10, but on Saturday the alleged “criminal” Carlos Gaena shared the video on TikTok… which his friend also got arrested for recording.
“After a fun night with my homie we got arrested for playing some laberinto music at the Waffle House,” Gaeno captioned the video. “I guess he doesn’t like our music.”
The video shows Officer Wes Martin approach them seated at their table and accost them for “causing a scene” — although nobody else seems to have an issue with them.
“We’re not allowed talk? Express ourselves?” Gaena asks.
“What I’m telling you is: eat in peace or you’re going to jail,” the officer warns. “I’m not going to sit here and argue with you.”
“I’m not arguing with you,” Gaena assures. “But you can’t come over here and tell us… I’m over here eating…” but that’s as far as he gets before Officer Martin follows through on his threat.
“Go ahead and stand up. You’re going to jail, stand up. Stand up or I’m going to yank you up.”
Never resisting or becoming aggressive, Gaena does as told, and is placed in handcuffs.
“Come on amigo!” his friend Rodriguez Escobar, who is recording the encounter, pleads.
Marching the prisoner outside, Martin radioes for back-up. He then comes as close as he will to explaining the charges:
“You were the one who was in there hootin’ and’ hollerin’ and everything else. I stood up and shook my head at him to tell you to be quiet. And then I have to come over to tell you to be quiet again,” Martin says. “He caused a scene inside the store.”
“I’m sitting over here drinking my coffee, I like to it drink in peace, instead of y’all yellin’ and screamin’ and hollerin’ and whistlin’.”
“It’s a public place amigo,” Escobar pleads. From the back of the car, his friend tries to tell him something, and Escobar opens the door to hear him; he quickly apologizes and closes it, but it’s too late: he’s now getting arrested too.
“You will put the phone up here for me, you’re under arrest as well for public intoxication,” the officer informs him. “You’re going to jail.”
“I’m not driving dude!” Ecobar protests. “I’m just recording.” He’s also placed in cuffs.
Officer Martin can be heard warning the handcuffed Escobar: “You need to go pay for your food, otherwise that’s another charge.” Escobar assures him he will.
According to Gaena, the pair were carted off to jail, where they spent 12 hours. He said all charges were dropped — after they paid $1,200.
“Funny how they can just accuse you without proof of anything I respect the law but not this kind 1,200 dollars later,” he wrote.
“This is not right nobody was arguing with him now you can even talk or laugh in a public place,” he added. “Now this is wrong people took my friend to jail too for recording.”
Furious commenters accused the cop of simply being on a power trip; many pointed out he searched the suspect and took his wallet without consent, never read him his Miranda rights, and never even explained the charges.
A handful claimed the men should not have been playing music on their phones, but were quickly countered by those pointing out the Waffle House had a jukebox.
According to a report in the Advocate and Democrat, Martin claimed he warned the men three times about “causing a disturbance”, when Gaena “began yelling” at him and “being argumentative”.
He also claimed he could smell alcohol from Gaena and “his eyes were extremely red.” Escobar meanwhile “also smelled of alcohol and appeared to be under the influence, was unsteady on his feet and had slurred speech.”
Both were arrested and charged with disorderly conduct and public intoxication.
It’s not even the first criminal plot Officer Martin has foiled at that very same Waffle House this year: just three months earlier, he also arrested a man in the parking lot for performing a rain dance.
Officer Martin is currently running for Monroe County Commission 1st District.
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