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Judge Rules Sterner Mentally Competent

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By THOMAS W. KRAUSE

The Tampa Tribune

Published: April 1, 2008

TAMPA - A man dumped from his wheelchair while being booked at Orient Road Jail is competent to aid his defense attorney as his criminal case moves forward, Circuit Judge Robert Foster ruled Monday.

Three doctors reported that Brian Sterner is mentally competent. Two were ordered by the judge to evaluate Sterner and one was hired by his attorney, Michael Maddux.

Maddux said he hopes the issue has been put behind Sterner and said it has nothing to do with the legal action Sterner has taken against the Hillsborough County Sheriff's Office.

Sterner's previous attorney, John Trevena, filed a written request for the mental health evaluation. He included an 11-page testimonial by Sterner's parents, who described a long list of irrational acts by Sterner since September - acts that are said to have frightened his family and alienated friends and neighbors.

Trevena has said he would remain Sterner's attorney until the judge rules on his request for a competency evaluation. Monday, Trevena was not in court. Maddux said he is now Sterner's sole attorney for his outstanding criminal cases and in his legal action against the Hillsborough County Sheriff's Office.

Outside the courthouse Monday, Maddux and Sterner said they were satisfied with the judge's ruling.

"We're excited that we can move along now to the issues that this case is about," Maddux said.

Regarding Sterner's proposed legal action against the sheriff's office, Maddux said he has been in discussions with sheriff's officials.

"We will continue to work with them to try to settle this case without litigation," he said.

Sterner shrugged when asked about the 11-page document his parents filed that details what they contend is erratic behavior. He said he was surprised his former attorney would file such a document.

Maddux said it no longer matters.

"That doesn't have anything to do with him being thrown out of his wheelchair," Maddux said. "So that's old news."

In the document, his parents say Sterner was a well-adjusted young man for most of the 14 years that he has been quadriplegic. The odd statements and actions started in 2007, they wrote.

At 9 a.m. Sept. 30, Sterner called his father in Maryland. Sterner's first words were: "Don't worry. I'm not suicidal," his parents wrote.

Over several days, documented in his parents' chronology, Sterner repeatedly said people were out to get him. Law enforcement assistance was required 12 times. Sterner has been hospitalized under Florida's Baker Act four times in the past five months, according to court records.

On Jan 29, Sterner was arrested on outstanding traffic warrants after Tampa police officers said he tried to elude them during a traffic stop. After his arrest came his infamous run-in with the corrections deputy.

A video taken at the jail shows a deputy walking behind him, picking up the back of his wheelchair and dumping him on the floor. As he lies there, she proceeds to search him.

Charlette Marshall-Jones, a 22-year veteran of the sheriff's office, has been charged with abusing the disabled, a third-degree felony. She has resigned.

Reporter Thomas W. Krause can be reached at (813) 259-7698 or tkrause@tampatrib.com.

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