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security guard know he was deaf. >> but the security guard who now has alejandro in a head lock still doesn't appear to notice. alejandro's brother, pablo, desperately tries to get the guard's attention, but it's difficult because pablo, too, is deaf. >> pablo was running around and yelling and it's unfortunate that deaf people don't articulate their voices as well as hearing people. so, what you hear is a lot of guttural and there are only some prime evil screams. you could feel the pain in their voices even though they can't articulate what they're saying. you can hear what they're feeling, that there is a panic there. >> pablo is unable to help his brother. >> another security guard that was walling him out from intervening into the situation. >> he's choking him. >> he's turning purple. >> the most shocking part of the video to me was when alejandro started turning purple because that's when you knew it was
>> he somewhat seemed helpless and he wanted someone else to go ahead and help him, but there was nothing that you could do. people here in los angeles know that you kind of just stay out of things. the security guard didn't have a badge on and didn't have a uniform, so it could have been two rival gangs going at each other. i imagine some of the bystanders thought that this was some reality show or something. you turn to -- you tend to get blase out here when you see things like that out here. because you think there's somebody filming this or it's one of those practical joke shows or something like that. eventually, they picked alejandro up, he got up. they quit choking him and then they took him back into the store. at that time the video stopped because the person taking the video wasn't allowed to go into the store and follow them. >> although he felt helpless while alejandro was in the choke hold, joshua uses the power of his video to help. he posts the video online and
he could have fell unconscious or he could have been dead. august 7th, 2010. shoppers and tourists pack the hollywood walk of fame. college student joshua fountain is waiting for a friend at the bus stop and alejandro and his brother, pablo, walk out of the forever 21 store with stolen t-shirts stuffed in alejandro's bag. >> when he left, the security guard approached him, but he did not hear him and then he started to walk off. and that's when the security guard just jumped on him and tackled him. >> started hearing a bit of a rut ruckus behind me and two individuals grab each other and they both fell to the ground. i brought up my phone and decided to just record it. >> as the struggle plays out right in front of him, it quickly becomes clear to joshua that there is a reason ael ha
feeling, there is a panic there. >> pablo is unable to help his brother. >> another security guard that was lulling him out to intervene into the situation. >> he's choking him. >> he's turning purple. >> the most shocking part of the video to me was when alejandro started turning purple because that's when you knew it was serious and he could have passed out and the frustrating part about it is was he couldn't communicate to the guy to stop, even though he was trying to communicate with him. you could see alex in the video clearly motioning with his hand to the security guard, i'm tapping out, kind of like the universal sign that all guys know when they wrestle with their dads and everything, when you're pinned and you're giving up. you say "uncle, i give up." >> bystanders start to gather as alejandro struggles to get out from under the security guard's grasp. >> the crowd was fairly big. there were at least 100 of us watching. >> after almost two minutes, one witness attempts to step in, but he is held back by a third security guard. nobody else steps in to help.
calls local news stations. >> within a couple days that the video was up, it already received hundreds of thousands of views. >> thanks to joshua's video, alejandro has a claim of his own. >> the civil lawsuit is for the damages they caused him by using excessive force. >> the guard is never charged, but he loses his job with forever 21 and the store settles with the brothers for an undisclosed sum. >> we didn't even end up having to sue, that's rare in corporate america where they actually stand up and be honest from the get go and say, yes, we did make a mistake and we're going to do what we need to do to correct it. >> you're choking him. >> no charges are brought against pablo. as for the criminal case against alejandro, he pleads no contest to one count of petty theft and serves 120 days in county jail. >> alejandro started it and he was clearly in the wrong but when they went over the line and made it into something it
drone didn't hear the security guard. >> right away i knew he was deaf and he was trying to let the security guard know he was deaf. >> but the security guard who now has alejandro in a headlock doesn't appear to notice. alejandro's brother, pablo, tess prattly tries to get the gua guard's attention but it is difficult because pablo, too, is deaf. >> he's running around and yelling and it's unfortunate that deaf people don't articulate their voices as well as hearing people. >> what you hear is a lot of and guttural kind of -- and they're almost pry priieavel screams. you could feel the pain in their voices even though they can't articulate what they're saying. you can hear what they're
>> right away i knew he was deaf and he was trying to let the security guard know he was deaf. >> but the security guard who now has alejandro in a head lock still doesn't appear to notice. alejandro's brother, pablo, desperately tries to get the guard's thaenattention, but it' difficult because pablo, too, is deaf. >> he's running around and yelling and it's unfortunate that deaf people don't articulate their voices as well as hearing people. >> so what you hear is a lot of g guttural and primieval screams. you could feel the pain in their voices even though they can't articulate what they're saying. you can hear what they're feeling, there is a panic there. >> pablo is unable to help his brother. >> another security guard that was lulling him out to intervene into the situation. >> you're choking him. >> he's turning purple.
security guard know he was deaf. >> but the security guard who now has alejandro in a headlock still doesn't appear to notice. alejandro's brother, pablo, tries to get the guard's attention, but it's difficult because pablo, too, is deaf. >> he's running around and yelling and it's unfortunate that deaf people don't articulate their voices as well as hearing people. >> what you hear is a lot of gutteral and there are some prime evil screams. you could feel the pain in their voices even though they can't articulate what they're saying. you can hear what they're feeling, there is a panic there. >> pablo is unable to help his brother. >> another security guard that was lulling him out to intervene into the situation. >> he's choking him. >> he's turning purple. >> the most shocking part of the video to me was when alejandro
>> but the security guard who now has alejandro in a head lock doesn't appear to notice. alejandro's brother, pablo, tries to get the guard's attention, but it's difficult because pablo, too, is deaf. >> he's running around and yelling and it's unfortunate that deaf people don't articulate their voices as well as hearing people. >> what you hear is a lot of and there are only some prime evil screams. you could feel the pain in their voices even though they can't articulate what they're saying. you can hear what they're feeling, there is a panic there. >> pablo is unable to help his brother. >> another security guard that was lulling him out to intervene into the situation. >> he's choking him. >> he's turning purple. >> the most shocking part of the video to me was when alejandro started turning purple because that's when you knew it was serious and he could have passed
security guard. >> right away i knew he was deaf and he was trying to let the security guard know he was deaf. >> but the security guard who now has alejandro in a head lock doesn't appear to notice. alejandro's brother, pablo, tries to get the guard's attention, but it's difficult because pablo, too, is deaf. >> he's running around and yelling and it's unfortunate that deaf people don't articulate their voices as well as hearing people. >> what you hear is a lot of and there are only some prime evil screams. you could feel the pain in their voices even though they can't articulate what they're saying. you can hear what they're feeling, there is a panic there. >> pablo is unable to help his brother. >> another security guard that was lulling him out to intervene into the situation. >> he's choking him. >> he's turning purple. >> the most shocking part of the