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Mom and 6-year-old held at gunpoint after police mistake their car

Image Credit: 5NEWS

Police Turn Guns at Mom and Her 6 Year Old During Wrong Car Stop
Image Credit: 5NEWS

A quick gas station stop in Fayetteville, Arkansas, turned into a guns-drawn takedown of an innocent mother and her young son.

The only “crime” they had committed was driving a white Lincoln that looked a little too much like the car police thought they were chasing.

Now that mom, 27-year-old Payton Mallia, is suing the Arkansas State Police, and her case is raising serious questions about how far officers can go when they’re wrong.

A Gas Station, Four Troopers, And Drawn Guns

Reporter Lora Castleman with THV11 obtained dashcam video from the July 12, 2024 encounter at a Casey’s General Store in Fayetteville.

@5newsonline

Newly obtained dashcam video shows the moments an Arkansas mom was detained at gunpoint at a Fayetteville gas station while with her 4-year-old. A lawsuit filed over a year after the incident claims that the detainment was a mistake, and that the four troopers violated Payton Mallia’s constitutional rights. #5news #arkansasnews #arkansasstatepolice #lawsuit

♬ original sound – 5NEWS

In her report, Castleman explains that Mallia pulled in around 7 a.m. with her four-year-old son, went inside for snacks, and came back out to her white Lincoln.

Seconds later, four Arkansas State Police troopers from Troop L rolled in at once with lights flashing, boxed her in, jumped out, and pointed their weapons at her car.

Dashcam video Castleman describes shows troopers yelling commands, telling Mallia to get on the ground, and putting her in handcuffs right there in the parking lot.

In the background, you can hear her child crying.

According to the lawsuit Castleman summarizes, the troopers treated this like a felony stop, even though Mallia had done nothing wrong – no traffic violation, no warrant, no stolen tag.

The Wrong Car, The Wrong Suspect

The key problem, as Castleman’s report and the complaint both lay out, is simple: it wasn’t the right car and it wasn’t the right woman.

The Wrong Car, The Wrong Suspect
Image Credit: 5NEWS

Court records say troopers were actually looking for a white 2013 Lincoln MKZ tied to a double homicide investigation.

Mallia was driving a white 2009 Lincoln MKS – similar color and brand, but a different model and a different vehicle identification number (VIN).

In her story, Castleman notes that one of the troopers went to the front of the car, checked the VIN, and quickly realized the mistake.

The dashcam audio captures one trooper saying, almost casually, “This isn’t it?”

By then, though, guns had already been pointed, a mother was on the ground in cuffs, and her child had been terrified for life over a car that only sort of matched.

What Experts Say Police Did Wrong

THV11 brought in law enforcement training expert Dr. Randy Nelson to review the video and the lawsuit.

After watching the footage, Dr. Nelson told Castleman that officers “didn’t have that right” – especially once they knew they had the wrong person and wrong car.

What Experts Say Police Did Wrong
Image Credit: THV11

He said very plainly that you “have a right not to be searched or detained or anything if you haven’t done anything.”

Nelson also warned that the biggest problem wasn’t just the misunderstanding.

In his view, things “went farther than that” when troopers kept interacting with Mallia after realizing she was not their suspect, including running checks on her.

He stressed that both the mother and child were traumatized and argued that police have to do everything they can to make sure the “unintended consequences” of a mistake don’t go “beyond the pale.”

That’s a polite expert way of saying: once you know you’re wrong, drop the guns, end the detention, and start apologizing, not digging.

Civil Rights Lawyer: The Real Problem Was After The Mistake

West Virginia civil rights attorney John Bryan, who runs The Civil Rights Lawyer YouTube channel, dug even deeper into the same dashcam videos and lawsuit.

In his breakdown, Bryan walks viewers through the stop step by step and emphasizes that Payton Mallia had done “absolutely nothing wrong.”

Civil Rights Lawyer The Real Problem Was After The Mistake
Image Credit: The Civil Rights Lawyer

He notes that, according to the complaint, Arkansas State Police troopers were tracking an Apple AirTag they believed was associated with a white 2013 Lincoln MKZ.

Bryan points out that AirTag location data can be unreliable, and the troopers had no idea who the actual suspect even was – they just knew the general make and model.

He highlights one trooper, identified in the lawsuit as Shane Alkire, walking up to the front of Mallia’s car and reading the VIN, confirming it was not the vehicle they were after.

At that moment, Bryan says, they had “actual knowledge” they had the wrong car and wrong person.

Yet the situation didn’t simply end there.

Bryan singles out another trooper, identified as Randall Schwab, as the one who handcuffed Mallia – and then took his time removing the cuffs even after the error was clear.

Instead of fully releasing her and giving a sincere apology, Bryan says Trooper Schwab continued the detention by ordering Mallia back to her car and demanding her ID.

He then ran her license for warrants, despite having zero reasonable suspicion that she had committed any crime.

From Bryan’s perspective, that’s where the behavior moves from “mistake” into a straight-up Fourth Amendment violation.

“Comply Or Risk Getting Shot”

The federal lawsuit, as described by Castleman and Bryan, doesn’t just challenge the stop itself.

“Comply Or Risk Getting Shot”
Image Credit: 5NEWS

It accuses the four troopers – named in reports as Taylor Elkins, Randall Schwab, Brandon Walker, and Shane Alkire – of using “unreasonable and excessive” deadly force in a busy gas station parking lot.

The complaint argues that their drawn guns and shouted commands sent a clear message to Mallia and her son: do exactly what we say, or “you and your little boy risk getting shot and possibly killed.”

The suit points out that Mallia had no criminal history, no warrants, and no connection to any crime.

From her legal team’s point of view, there wasn’t even a hint of reasonable suspicion to justify that kind of high-risk, guns-out stop – especially once the VIN and model didn’t match.

Castleman reports that all four troopers remain employed with Arkansas State Police, and both ASP and Mallia’s attorneys have declined detailed public comment because of the pending litigation.

Bryan doesn’t buy that “no comment” stance.

On his channel, he argues that public servants can’t just hide behind pending lawsuits when something this serious happens on camera.

He says the agency owes the public answers about what went wrong, what’s being done to prevent a repeat, and whether any accountability has happened behind the scenes.

A Child’s Fear And The Cost To Public Trust

One of the hardest details in both Castleman’s report and Bryan’s analysis is the presence of Mallia’s young son.

At the time of the 2024 stop, he was four years old; Bryan now refers to him as a six-year-old, because that’s how much time has passed while this case moved toward court.

Either way, he was just a little kid, buckled into the back seat when officers pointed rifles and pistols at his mom’s car.

The audio of a child crying under those conditions is not something most people forget.

Dr. Nelson tells Castleman that the woman and her child were “traumatized” by what happened, and it’s hard to argue with that.

Bryan goes further, warning that when government agents act this way and then refuse to explain themselves, it sends a message that ordinary families can be treated like dangerous felons at any moment – and no one will be held to account.

That kind of fear doesn’t just live in one gas station parking lot.

It spreads through a community, especially when people see the video and realize it could have been their spouse or their child in that seat.

Why This Case Matters Far Beyond Arkansas

Why This Case Matters Far Beyond Arkansas
Image Credit: 5NEWS

Taken together, the THV11 reporting by Lora Castleman, the expert analysis from Dr. Randy Nelson, and the legal breakdown from John Bryan paint a troubling picture.

This wasn’t a split-second, one-off traffic stop where an officer misread a situation for half a second.

According to both the news report and the lawsuit, this was a planned operation involving multiple Arkansas State Troopers, coordinated radio traffic, and a conscious decision to box in a car and come out with guns drawn based mainly on a rough vehicle description and an AirTag ping.

Then, after they discovered their mistake, they didn’t immediately unwind the encounter.

Instead, they continued to treat an innocent mom like a suspect, ran her ID, and left her and her son to absorb the shock while walking away with little more than a casual apology.

From a civil liberties perspective, that’s the real danger.

If officers can point guns at the wrong car, admit it’s the wrong car, and still feel entitled to squeeze a warrant check out of the driver “just because,” the Fourth Amendment starts to feel more like a suggestion than a rule.

It also shows how quickly powerful tools – like location tracking and felony-style stop tactics – can be turned on completely innocent people when there’s no built-in humility or restraint.

Everyone makes mistakes.

But when the state makes one with a rifle pointed at a mother’s windshield, the next steps matter more than ever.

The lawsuit brought by Payton Mallia is one way to push back and set boundaries.

The reporting by Castleman and the commentary from Bryan make sure the public actually sees what happened.

And if there’s any upside here, it’s that once people watch that dashcam video and imagine their own child in that back seat, it gets a lot harder to shrug this off as “just a misunderstanding” that should quietly go away.

UP NEXT: “Heavily Armed” — See Which States Are The Most Strapped

Americas Most Gun States

Image Credit: Survival World


Americans have long debated the role of firearms, but one thing is sure — some states are far more armed than others.

See where your state ranks in this new report on firearm ownership across the U.S.


The article Mom and 6-year-old held at gunpoint after police mistake their car first appeared on Survival World.

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