Marcus Diaz

Name:
Diaz, Marcus

Date of Booking:
09/12/2025

Reason(s) For Booking:
DISORDERLY CONDUCT

Officer’s Narrative:
[Please note: The following is a direct transcription from the official initial incident report. The Georgia Gazette does not fix any spelling or grammatical errors that may exist. Any changes or redactions made by our staff are placed inside brackets. Some errors may exist. All subjects are innocent until proven guilty in a court of law. The topics discussed may be sensitive to some readers. Discretion is advised.]

[NARRATIVE #1 on September 12, 2025]

On September 12th, 2025, at approximately 7:48 pm, I responded [1300 BLOCK] Towne Lake Hills South, Apt [REDACTED], in reference to a child custody exchange. The caller, [VICTIM #1], said the father of her child, Marcus Diaz, was at her residence attempting to retrieve his daughter for the weekend. [VICTIM #1] was refusing to give the child to Marcus and wanted deputies to respond.

Before arriving at the scene, I spoke with Corporal Hart who had previous information about the incident. Corporal Hart informed me that [VICTIM #1] did not want the child to see Marcus for the weekend because of an incident that took place the previous weekend. Allegedly, their daughter, [VICTIM #2], suffered a [REDACTED BY AGENCY] on her [REDACTED BY AGENCY] while staying with Marcus.

When [VICTIM #1] asked [VICTIM #2] what happened, [VICTIM #2] told [VICTIM #1] that [REDACTED], Marcus’ current girlfriend, [REDACTED BY AGENCY] her on the [REDACTED BY AGENCY] because [VICTIM #2] was wearing a pair of headphones that [REDACTED] told her to take off. [REDACTED] grabbed [VICTIM #2] by her shirt, [REDACTED BY AGENCY] her in the process, and took the headphones off [VICTIM #2]’s head. [VICTIM #1] was concerned, as she has no immediate knowledge of who [REDACTED] is or why she [REDACTED BY AGENCY] her. Therefore, [VICTIM #1] did not want [VICTIM #2] returning to Marcus’ house.

I arrived on scene and met Marcus in the parking lot outside of building [REDACTED]. While speaking with him I learned the following:

Marcus and [VICTIM #1] share a daughter, [VICTIM #2]. Marcus and [VICTIM #1] have a civil court order through Cobb County which outlines specific days where the parents have custody of [VICTIM #2]. Marcus is supposed to pick up [VICTIM #2] on Fridays after work and return her to [VICTIM #1] on Sundays. Marcus arrived at [VICTIM #1]’s apartment this evening to find [VICTIM #1] refusing to give [VICTIM #2] to him.

I informed Marcus of the knowledge I obtained from speaking with Corporal Hart and asked him about the [REDACTED BY AGENCY] on [VICTIM #2]’s [REDACTED BY AGENCY]. Marcus said the [REDACTED BY AGENCY] was from a “toy monster truck” and showed me a picture of the toy. Marcus said that Auburn PD responded to his house in reference to the [REDACTED BY AGENCY] where law enforcement allegedly discovered no foul play.

Marcus said this is not the first time [VICTIM #1] has kept [VICTIM #2] from him. Marcus recounted a previous incident where [VICTIM #1] took [VICTIM #2] to a relative’s house on a weekend where Marcus was supposed to have custody of [VICTIM #2]. I concluded my conversation with Marcus and went to apartment [REDACTED] to speak with [VICTIM #1]. [VICTIM #1] granted deputies permission to enter her home where we spoke to her.

While speaking with her, [VICTIM #1] recounted the same information I was previously given by Corporal Hart. This time, [VICTIM #1] said she attempted to have a Temporary Protective Order in place for the [REDACTED] individual directly after the [REDACTED BY AGENCY] incident, but the judge could not grant the order due to not having complete information on who [REDACTED] was. [VICTIM #1] is still attempting to find “[REDACTED]’s” real name to further obtain the TPO.

[VICTIM #1] showed me multiple videos where she spoke to [VICTIM #2] about the incident. In the videos, [VICTIM #2] tells her mother that she was [REDACTED BY AGENCY] by [REDACTED] for wearing the headphones. [VICTIM #1] showed me another video where she confronted Marcus with the allegation. In response, Marcus denied the allegation but made no mention of the “toy monster truck”.

[VICTIM #1] then showed deputies the official civil court order outlining the custody agreement (Cobb Civil: 21108607) and specifically referenced section C, which outlines:

In the event there is an emergency and/or life-threatening situation, the parent who has the minor child in his or her physical custody at the time shall make the decisions necessary to protect the minor child’s health, welfare, and well-being. The parties mutually agree that if either of them has any knowledge of any serious illness or accident affecting the minor child’s health or general welfare, he or she will promptly notify the other of such circumstances.

[VICTIM #1] said based on Section C of the agreement, she believes the incident previously outlined classifies as an emergency/life threatening situation and therefore doesn’t want to let Marcus take [VICTIM #2] for the weekend. I informed [VICTIM #1] that she was technically in violation of the court order and Marcus could bring her actions before the court as an act of contempt.

I told her I would not force her to give [VICTIM #2] to Marcus, as there is no command in the paperwork ordering law enforcement to do so, but told her I would document the incident as she continued to further attempts to retrieve a TPO. I concluded my conversation with [VICTIM #1] and gave her case information before returning to Marcus.

I went back outside to speak with Marcus and informed him of my conversation with [VICTIM #1]. I told Marcus that [VICTIM #1] is in violation of the order, but law enforcement cannot force her to relinquish [VICTIM #2] into his custody. Upon hearing this, Marcus became immediately verbally defiant and demanded deputies bring him his daughter. I explained to Marcus that he could take a copy of the report to the presiding judge in Cobb County and file for contempt of court, but once again told him law enforcement had no outlined command to retrieve the child for him.

Marcus continued to argue with deputies and asked, “so what I gotta do go kick the door down to get my baby?” Deputies immediately told Marcus that such act would be a violation of criminal law. Marcus continued to become increasingly agitated by raising his voice to a level of a yell. He demanded our names and badge numbers, which we politely provided him with a case card.

Marcus began to curse, telling deputies that he “didn’t give a fu*k” and said, “I promise you I’m going to get my daughter!” as he began to aggressively walk up to Corporal Hart. Corporal Hart immediately placed his hand out in front of him, ordering Marcus to stop encroaching on his immediate area. Marcus told Corporal he “didn’t give a fu*k” and sat on the hood of his car, exclaiming he was not leaving until his daughter was brought to him. Marcus continued to yell at Corporal Hart, calling him a “cracker”. During our entire encounter with Marcus, his behavior manifested tumultuousness by screaming and being violent towards deputies.

While sitting on the hood of his vehicle, I overheard Marcus talking to dispatch. Marcus called emergency services while we were still on scene and told them he “needed someone higher up” after we told him previously that Corporal Hart was a supervisor. Sergeant Fulenwider arrived on scene and Marcus approached his vehicle and began to ask him for assistance. Sergeant Fulenwider politely answered all questions from Marcus. When Marcus did not get the answer he was looking for, he would talk over Sergeant Fulenwider and continue to demand we take his daughter from [VICTIM #1].

Marcus told Sergeant Fulenwider “You should have let yourself be known” and told him he is supposed to announce himself as the Sergeant whenever he arrives on scene. After listening to him ramble then demand Sergeant Fulenwider’s name and badge number, which he attempted to provide as Marcus continued to talk over him. Sergeant Fulenwider handed Marcus a pen as a courtesy so he could write his name down and start spelling his name.

While he was spelling his name, Marcus told Sergeant Fulenwider “Man I got a fu*king college degree. I make more money than you.” At this point, Sergeant Fulenwider demanded his pen back from Marcus. Marcus did not give the pen back, resulting in Sergeant Fulenwider taking it back from Marcus. Marcus turned around and told Sergeant Fulenwider not to “snatch sh*t” from him.

Due to Marcus’ tumultuous and violent behavior during the entire duration of our encounter, Marcus was placed under arrest for disorderly conduct. Marcus was placed in handcuffs that were double locked and checked for proper fit. He was searched incident to arrest where no contraband was discovered. Deputies ensured Marcus’ vehicle was locked prior to his transportation to the Cherokee County Adult Detention Center.

I spoke with [VICTIM #1] once more via telephone and asked if she wanted Marcus to be criminally trespassed from her apartment. [VICTIM #1] said she did, and our conversation ended soon after. Marcus was transported to the ADC where jail deputies assumed custody of him. I performed a contraband check on the rear seats of the vehicle with no contraband being discovered. Marcus was advised that he was criminally trespassed from [VICTIM #1]’s apartment and is not allowed to return. Marcus understood that he is not allowed to return and must call law enforcement when he picks up his vehicle.

I completed all necessary booking paperwork and returned to service.

[End of Narrative]

[NARRATIVE #2 on September 12, 2025]

On September 12, 2025, at approximately 8:50PM, I arrived at the Palmer Apartments ([1300 BLOCK] Towne Lake Parkway) near building [REDACTED] where Deputy Glass and Corporal Hart were working on a child custody dispute call. Looking at the CAD, I saw there was a disagreement between a mother and father about who was getting custody this weekend.

I sat in my car at first as there were already two deputies on scene. After a few moments, I heard a male start yelling at Corporal Hart and Deputy Glass. I heard the male scream the F word and heard him scream that he would “kick down the door.” I exited my car and approached Corporal Hart. Corporal Hart told me they attempted to explain the process for court/custody order being unadhered to and the male, identified as Marcus Diaz, did not agree and was upset. Corporal Hart and Deputy Glass were completing the call and I returned to my patrol car.

I could hear Marcus continue to be upset and voice his disagreement. Marcus was loud, boisterous, and made a threat to kick down an apartment door to retrieve his child. He was warned that he would be subject to arrest if he did such and it was recommended that he leave. He was already offered a police report and told he would need to get with his attorney and judge to amend the order he had. He was also already told we could not forcibly take a child from one parent and give to another absent a court order or other exigent circumstance. I was told he did not like this explanation.

Deputy Glass and I were originally going to stay in the area to make sure Marcus did not kick the door down in hopes he would eventually leave peacefully. After a few moments, Marcus approached my window and asked if I was the Sergeant. I told him I was. I had already looked at the order on Cobb County’s Clerk of Court’s website and saw where if there was a disagreement, the child would stay with the mother until the matter could be resolved by their court. There was nothing in the order ordering law enforcement to take a child.

I tried to explain this to Marcus, but he continually talked over me, interrupted and disagreed with what I was trying to explain. I told him we could give him a case number and report and he would have to take the info to his attorney. I encouraged him to use an attorney. He got upset and told me he had one and that I was uneducated. He told me he had a four year degree and made more money than me.

Marcus held up a business card and asked if my name was on it. My name was not on it as it was given to him by someone else. I told him this and offered to write my name on the card for him. He declined and asked if I had my own card. I told him I didn’t have a card with me (the last one was given out a few calls prior) but would give my name and write it. He told me it was unacceptable that a Sergeant didn’t have a card.

I offered my pen to him to write my info. He took my pen and I told him to let me know when he was ready to copy. This apparently offended him and I believe he thought I gave him an incorrect name as my last name could be considered unusual. He shined his cellphone light in my face and verified my name tag. Instead of writing my name on the card, he wanted to continue to get loud, belittle us, and create a scene in public.

I told him to give my pen back, which he refused to do. So, I stood up and took back the pen that belonged to me. Marcus didn’t particularly care for this but at his point it was obvious he was not going to cooperate and depart on his own peacefully and he certainly was not going to listen to our proper explanations. Marcus stepped up very close to me with his fist balled and chest touching the gear on my vest. His posture indicated to me that he was preparing to become physical.

He was placed under arrest for Disorderly Conduct and secured in Deputy Glass’s patrol car without incident. He apologized and said he would just leave, but the concern of what he would do once we departed was an issue since he already stated he’d kick the door down. I wrote my name and badge number on the case card and gave it to him for his records. Deputy Glass transported him to the ADC.

[End of Narrative]