The Texas judge known for dismissing cases where Black defendants are charged without sufficient probable cause has gone viral once again, this time for tossing out a case involving a Black motorist in the Houston area.
A TikTok video shows Harris County Judge David Fleischer presiding over a hearing for a man charged with interfering with a public servant during a traffic stop.
The clip opens with Fleischer informing the defendant that he could face six months in prison and/or a $2,000 fine if convicted, before turning to the prosecutor to read a probable cause affidavit.
“The 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.
He continues, “The defendant did not have his driver’s license but gave the officer his name and date of birth. While the officer was running the defendant’s name, he saw the defendant exit his vehicle. The officer told the defendant to get back inside, and the defendant responded, ‘Do I have to?’ The officer then exited the car and attempted to detain the defendant, who tensed up and locked his arms.”
Fleischer, visibly confused, asks, “Everything is conclusory. What has he done wrong?”
The prosecutor responds, stating that the speeding and lane changes led to the stop.
The defendant raises his hand to speak, but Fleischer tells him to “stop” as he continues to question the basis 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 responds, noting that if the defendant was on Interstate 610, “he’s fine.”
The judge then presses the prosecutor about why the defendant was charged with interference. The prosecutor repeats that the defendant exited the car during the stop, and when asked to get back inside, he responded, “Do I have to?”
Fleischer, incredulously, asks, “And that’s the basis of arrest?!”
The courtroom falls silent as the defendant raises his hand again to ask if he can speak.
“Don’t,” Fleischer advises. “Are you losing?”
“No sir,” the defendant answers.
The silence lingers as Fleischer waits for a response from the prosecutor about the charges.
The prosecutor speaks again, saying, “And your honor, furthermore, as he attempted to detain him, he locked his arms and tensed up.”
Fleischer, once more, asks, “What’s the basis for arrest?”
The prosecutor trails off, struggling for an answer.
“Walking while Black?” Fleischer asks.
“It was the attempt to detain him while he was trying to investigate,” the prosecutor finally responds.
“What’s he doing wrong?” Fleischer presses.
As the prosecutor struggles to respond, Fleischer rules that there’s no probable cause.
“He gets out of the car and then, just the virtue of him getting out of the car is interfering with the duties. Really? No,” Fleischer tells the prosecutor.
He then addresses the defendant, offering a word of advice: “Be careful out there. 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.”
The defendant nods and smiles, and Fleischer adds, “I got it, I’m with you.”
The video, posted on Monday by a TikTok account that shares recordings of Fleischer’s hearings, has since gained nearly 11 million views and thousands of comments. Many viewers praised the judge’s straightforward approach.
“The judge stopping him from potentially screwing it up is wonderful,” one person commented.
“This is how the justice system should be,” another said.
“This is why local elections to vote for judges is so important!” added one more.
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