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Warrant Issued For Deputy In Wheelchair Case

Tribune photo by Michael Spooneybarger

Brian Sterner arrives at Tampa International Airport on Feb. 15. He later gave a sworn statement to sheriff's deputies.

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By JOSH POLTILOVE and KEITH MORELLI

The Tampa Tribune

Published: February 15, 2008

Updated: 02/15/2008 10:34 pm

TAMPA - An arrest warrant has been issued for Charlette Marshall-Jones, the detention deputy who dumped a quadriplegic man from his wheelchair, Sheriff David Gee said late Friday.

"Miss Marshall-Jones has been made aware of the charges against her, but as of this moment has not turned herself in and we do not know her whereabouts," Gee said.

Marshall-Jones was notified of the arrest warrant within the past few hours, and deputies are surprised she hasn't gotten in touch with them about turning herself in, Gee said.

Gee said she will face a charge of abuse of the elderly, a third-degree felony.

Brian Sterner, the man dumped from his wheelchair, also said Friday there was a second incident of abuse involving him at the jail.

John Trevena, Sterner's attorney, would not elaborate on the incident other than to say it involved Marshall-Jones and another person, happened while Sterner was being fingerprinted and wasn't caught on camera. Gee said he wasn't familiar with the second incident.

He said he was pleased Friday after learning Marshall-Jones had been charged with abuse of the disabled.

"That's exactly the charge we were calling for," he said.

Marshall-Jones has not been fired, but she remains on unpaid leave, Gee said.

Her father was unavailable to comment Friday night.

Denise McElwee, who worked as a nurse at the jail from 2004 to 2006, said that Marshall-Jones was a highly regarded deputy, and she never saw an inmate abused in the jail when she worked there.

"The video, if you watch it, and you don't know her, it appears to be horrific," McElwee said. "I just think there are more facts to this story. But they're out to hang her."

Late this afternoon, Sterner gave a sworn statement at the Hillsborough County Sheriff's Office, Trevena said. Gee directly apologized to Sterner.

"I'm very enthusiastic that the sheriff is doing the right thing in this case," Trevena said.

Sterner arrived in his wheelchair at the sheriff's office in Ybor City just after 5 p.m. Internal affairs Sgt. Dan Tewmey held the door for him.

In an interview with the Tribune after he had talked with the sheriff's office, Sterner talked about how society treats the disabled. He mostly stayed away from talking about the specifics of the incident caught on tape and the second incident he says was not captured.

"The video speaks for itself," said Sterner, 32.

Sterner did say Marshall-Jones tried to make him stand even though he couldn't and that he was working hard to control his emotions and his actions throughout the incident.

"If you watch my face, I'm trying to not be charged with something else like resisting arrest. I can't believe that she doesn't believe I'm really quadriplegic.''

The incident has been played countless times across the nation. One clip of it on YouTube has viewed about 100,000 times. Sterner said he hopes what happened to him draws attention to how the disabled are often treated, saying, "It exposes how the disabled and the economically depressed are treated in this country."

"It's really been a glimpse at how corrupt the system is," he said. "The system is out of control. I don't pretend or think to have all the answers, but the way people are treated has got to change."

As to the long-term impact of the incident, Sterner was circumspect.

"Hopefully this makes the world a better place.''

Trevena told the Tribune the sheriff's office has been proactive in its investigation since the recording surfaced.

"How often do you see the sheriff's administration concede the abuse among its employees? It's unprecedented.''

The attorney said his client is an extremely complex man who is gifted intellectually, creatively and socially.

"He's on a level beyond ours.''

Trevena said it's too early to say what a settlement should be. The primary objective of putting a spotlight on the incident has been completed, he said.

Gee said earlier Friday that a criminal investigation was under way into the actions of Marshall-Jones.

"I'm hoping for a prompt arrest," Trevena said.

Meantime, Chief Deputy Jose Docobo said, the sheriff's office is reviewing all recordings of jail bookings involving the estimated 30 people now in custody who use wheelchairs. The review will take a couple of days, he said.

Trevena said Sterner was asked by the sheriff's office to give a sworn statement. Sterner came to the office after arriving by plane at Tampa International Airport about 4 p.m. Friday. He had been in New York, where he appeared on the "Today" show earlier this week.

In a news conference this morning, Gee said a criminal investigation into Sterner's treatment at Orient Road Jail in January is focusing on the guard who tipped the inmate over.

On Jan. 29, video cameras recorded Marshall-Jones, 44, raising the back of a wheelchair and sending Sterner tumbling to the floor. Sterner, of Riverview, was taken to the jail on a warrant stemming from a traffic violation.

Gee said tonight the others in the room at the time, who did nothing, likely would not be charged criminally. Marshall-Jones was suspended without pay pending the outcome of the investigation.

Three of her supervisors initially were suspended with pay: Cpl. Steve Dickey, Cpl. Decondra Williams and Sgt. Gary Hinson.

Williams has since been placed on unpaid leave, Gee said.

"Some things have come up in the investigation," he said.

"This has affected our department," Gee said Friday. "I hurt more for all the men and women who work here and do a good job. … It's very hurtful."

Gee said he found it troubling not only that the disabled man was dumped to the floor but also that none of the other corrections deputies did anything to help.

"People who should have taken action didn't," he said.

Trevena said he doesn't believe the charges against Marshall-Jones will wrap up the case.

"I think eventually all the deputies involved in this incident will be terminated," he said. "And we believe there will be additional charges forthcoming."

Reporter Keith Morelli can be reached at (813) 259-7760 or kmorelli@tampatrib.com.

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