Monday, September 15, 2025

A fancy way of saying you can't leave

Lately I've noticed that I write a lot about things criminal and I got to wondering why?

I mean, there's a lot of stuff out in legal land I could be writing about but all this criminal stuff keeps popping up (and it's so easy to write about).

Take, for example, James McCoy Taylor.  You remember him, right (yeah, I didn't either)?  A bachelorette alum, Mr. Taylor was relatively recently arrested for assault and unlawful restraint.  Seems the girl he was with didn't want to be with him and she tried to walk away.  When he restrained her, she screamed, police were called, and now he's not such a happy guy.

Or how about Richard and Nora Ramirez of El Paso, Texas?  Court documents say on that the El Paso Police Department received a call from a witness, stating a 15-year-old boy was not eating and was being locked up in his room by his adoptive parents. Nora admitted to locking the boy in his room from 10 p.m. to 7 a.m. but that he was being home schooled.

Or how about Archie Banks of Naperville, Illinois.  Mr. Banks was arrested and charged with two counts of Armed Violence (Class X Felony), one count of Attempted Aggravated Vehicular Hijacking with a Firearm (Class 1 Felony), two counts of Aggravated Battery (Class  3 Felony), one count of Aggravated Kidnapping While Armed with a Firearm (Class X Felony), one count of Armed Robbery with a Firearm (Class X Felony), one count of Aggravated Vehicular Hijacking with a Firearm (Class X Felony), and one count of Aggravated Unlawful Restraint (Class 3 Felony) in conjunction with a carjacking. 

What do all these people have in common?  That's right - they were all charged with unlawful restraint.  Before we get to far into this, what is unlawful restraint?

"Unlawful restraint" is a criminal offense that generally refers to intentionally restricting another person’s freedom of movement without legal justification. It’s a lesser offense than kidnapping, but it still involves interference with someone’s liberty.  

What we're looking at is:
  • Locking someone in a room against their will.
  • Holding someone down physically so they cannot leave.
  • Threatening someone with harm if they try to move away.
  • Taking a person somewhere against their will (without rising to the level of kidnapping). 
  • Telling someone “you can’t leave until you pay me back” and blocking their exit.
  • Pretending to be law enforcement and saying, “You’re under arrest, you have to come with me,” when you don’t have that authority.
  • Luring someone into a space (like a basement) and then locking the door behind them. 
  • Keeping a child somewhere without a parent’s consent (not quite kidnapping, but still unlawful restraint).
  • A caretaker tying down or excessively restraining an elderly or disabled person without medical or legal justification. 
So, how might this look in real life?

1. Leal Garcia v. Texas, 564 U.S. 940 (2011) – A man was convicted of unlawful restraint for preventing his girlfriend from leaving their apartment by holding the door shut.

2. People v. Dominguez, 39 Cal. 4th 1141, 47 Cal. Rptr. 3d 575, 140 P.3d 866 (California, 2006) – The defendant was convicted of unlawful restraint after forcing a victim to remain in his car against her will, even though she wasn’t abducted a long distance.

3. Michigan – Tent Captivity & Sexual Assault (2025)

A 21-year-old woman was allegedly held captive in a tent for a week by a homeless man, William Paul Thompson (22), in Mount Pleasant, Michigan. During her confinement, she was repeatedly sexually assaulted and threatened with a weapon. She escaped and reported the ordeal to investigators, leading to Thompson’s arrest on multiple felony counts, including criminal sexual conduct and unlawful imprisonment. The case is now with the Isabella County Prosecutor’s Office.

4. State v. Elbaz (2025) – Attempted Abduction, Restraint & Physical Assault

In New Haven, Leran Elbaz (43) violated protective orders by confronting a woman at a daycare, physically assaulting her, and attempting to force her daughter into his car. A good Samaritan intervened. Elbaz now faces a long list of charges including attempted kidnapping, unlawful restraint, strangulation, and child endangerment.

5. Texas (Houston) – Child Tied Up and Caged (2024)

Rose Anderson (55) was charged with unlawful restraint and injury to a child after allegedly tying a 7-year-old girl to a cage next to a Christmas tree using zip ties, denying her food, water, or bathroom access for hours. The child even urinated on herself, and Anderson reportedly kicked her and taped her mouth shut.

6. Rutecki v. Rensselaer City School District (2025)

Parents filed a lawsuit claiming their autistic son was improperly restrained by school staff at Van Rensselaer Elementary on February 9, 2024. The incident, captured on video, allegedly resulted in a brain injury, concussion, and lasting trauma. The family asserts the restraint was unlawful, as the student did not pose an imminent threat.

7. Illinois (Alton/Bethalto) – Domestic Restraint Charges

Multiple domestic violence incidents in the Alton area led to several individuals being charged with unlawful restraint. One 21-year-old in Bethalto was charged after allegedly detaining a relative and causing physical harm.

8. West Virginia – Grandmother Arrested After Grandchild Escapes

Laura Southworth (54) was arrested after her granddaughter fled the home with a handcuff still on her arm. The 13-year-old told authorities she had been handcuffed by her grandmother as "punishment" for stealing food, and had been restrained for about 13 hours. Southworth was charged with child neglect and unlawful restraint.

9. Workplace Detention – Unlawful Restraint in an Office

In Champaign, Illinois, a franchise owner of an elder care company allegedly detained a care worker in an office during a dispute over company property. Video posted to TikTok shows the owner blocking the worker from leaving for about eight minutes. The worker described feeling “trapped,” and authorities served the owner with a notice to appear for unlawful restraint.

10. Hope v. Pelzer, 536 U.S. 730 (2002) – Eighth Amendment Challenge

In Hope v. Pelzer, the U.S. Supreme Court examined the use of a “hitching post,” where inmates were handcuffed in painful, sun-exposed standing positions for extended periods. Though the guards were ultimately granted qualified immunity, the Court acknowledged that this method was cruel and unusual, raising constitutional concerns related to restraint.

11. State v. Watson, 191 Conn. App. 1 (2019) – Nine-Hour Apartment Restraint

A Connecticut appellate court ruled that restricting a victim in an apartment for approximately nine hours—blocking the bathroom, taking away phones, preventing exit, and grabbing her sweatshirt hood—constituted unlawful restraint, even separate from related assault charges.

12. Police/Medical Restraint & Death

  • In the U.K., Joy Gardner died after police gagged and restrained her with handcuffs and straps during an immigration raid, leading to asphyxia. The case sparked civil rights outrage.

  • In California, Max Benson, a 13-year-old autistic student, was held in a prone restraint for over 90 minutes by school staff. He suffered catastrophic injuries and later died. This tragedy led to “Max Benson’s Law,” banning prone restraints in California schools.

  • In the U.K., Olaseni Lewis, restrained by police in dangerous positions, lost consciousness and died due to restricted breathing and mistreatment.

Yep, there's a whole lot of crazy out in legal land.  If you don't want to land in the pokey (or be a subject of my blog posts), you might I suggest you steer clear of things unlawful.

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