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Video Prompts Calls For Penalties
Image provided by the Hillsborough County Sheriff's Office
Brian Sterner is seen lying on the floor after a deputy tipped him out of his wheelchair.
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Published: February 15, 2008
Updated: 02/15/2008 08:41 am
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TAMPA - Spurred by outrage over the videotaped dumping of a quadriplegic man from a wheelchair by a deputy, Hillsborough County Sheriff David Gee held a press conference today at 10:30 a.m. to address questions from the media.
Gee said a criminal investigation is focusing on the guard who tipped over the wheelchair-bound inmate and no one else in the room.
Gee said before detectives can go any further, the victim, Brian Sterner, 32, has to come in for a victim interview.
"We haven't spoken to Mr. Sterner," Gee said during a press converence on the front steps of the sheriff's operation center in Ybor City today. Until he comes in, "we can't move forward."
On Jan. 29, video cameras in the Orient Road Jail booking room recorded Detention Deputy Charlette Marshall-Jones, 44, raising the back of a wheelchair and sending Sterner tumbling to the floor. Sterner, 32, of Riverview, was taken to the jail on a warrant stemming from a traffic violation.
Florida Attorney General Bill McCollum is asking his Office of Civil Rights to immediately review the video.
"I have viewed the video of Mr. Sterner's treatment and I am appalled by the situation which so clearly unfolded in these images," McCollum said in a written statement.
The attorney general's office has communicated with Sheriff David Gee and has been assured of his full support and cooperation, McCollum says.
A sheriff's detective has been assigned to conduct a criminal investigation of the case, sheriff's spokeswoman Debbie Carter said.
A separate internal affairs investigation is reviewing the actions of Marshall-Jones and three of her supervisors: Cpl. Steve Dickey, Cpl. Decondra Williams and Sgt. Gary Hinson.
Marshall-Jones was suspended without pay, and the supervisors were suspended with pay.
"Because this deals with a disability issue, we think it's worth reviewing as a civil rights matter," said Joe Jacquot, deputy attorney general. "But I'm not sure what we might find or how long this will take."
The attorney general's office showed the video to McCollum as soon as it learned of the video's existence. McCollum's jaw dropped, and he was taken aback after watching it, Jacquot said.
"One of the questions is going to be, 'Is this normal?'" Jacquot said. "Is this something that has happened before? He's wondering if there's training."
A Slap In The Face
On Thursday, J. Willie David III, president of the Florida Civil Rights Association, called on U.S. Attorney General Michael B. Mukasey to order an immediate investigation by the U.S. Department of Justice.
"Forcing any quadriplegic from a wheelchair is certainly inhumane and inexcusable," David said.
To suspend a deputy without pay and place others on administrative leave pending investigation is a slap in the face to the disabled community, he said.
"The actions of these deputies in the mistreatment of Brian Sterner are deplorable, and the sheriff's office should fire and criminally charge these deputies," David said.
On Wednesday, Gov. Charlie Crist said he found the incident "terribly disturbing" and wondered whether it might be a civil rights issue.
"We're looking into it," he said.
Having inmates in wheelchairs is nothing new to the Hillsborough jail system, sheriff's officials said.
Deputies processed about 72,000 inmates at the Orient Road booking center in 2007. At least 230 were in wheelchairs, officials said.
Jails Equipped For The Disabled
Thirty-one current inmates are in wheelchairs, Col. David Parrish said. He declined to release the names of those inmates, explaining that to do so would violate medical privacy laws.
Parrish has been chief administrator of the sheriff's office's jail division since 1982.
Orient Road Jail was designed in the 1980s and opened in 1990, he said. Some of the housing units there were retrofitted to comply with requirements of the Americans With Disabilities Act. The changes included installation of chairlifts in some of the showers.
Falkenburg Road Jail opened in 1998 and was built to meet ADA requirements, Parrish said.
"Either jail is equipped to handle such people," he said. "Falkenburg is more universally accessible because it's all on one level."
Most inmates in wheelchairs are housed together in a pod at Falkenburg, he said.
"I walked into one pod one day and counted 24 inmates in wheelchairs," Parrish said.
Deputy, Supervisors' Records Good
A review of the personnel files of Marshall-Jones and the three supervisors turned up mostly positive performance evaluations and dozens of commendation letters.
Marshall-Jones was suspended twice before without pay, according to her personnel record. In 1988, she improperly conducted an inmate head count and was suspended for six days. Two years later, she was suspended for one day for failing to complete a fire safety and sanitation inspection.
Her last evaluation was written by Hinson two weeks before the wheelchair incident.
In it, the sergeant says Marshall-Jones is an outstanding employee who handles inmates well.
Maj. Robert Lucas, who commands the Orient Road Jail, included this comment in the same review: "Deputy Marshall-Jones knows her job and does it well. She is a quality employee in every regard."
Hinson has a perfect attendance record but was suspended for one day in 2003 when Parrish found a container of tobacco spit on Hinson's desk, according to records. Tobacco use is prohibited in the jail.
Dickey's most recent evaluation was done in December. In 25 years with the sheriff's office, the corporal's performance reviews consistently describe him as an outstanding supervisor and officer.
He has come under scrutiny in recent months for efforts as president of the Hillsborough detention deputies' chapter of the West Florida Police Benevolent Association, the union that represents deputies.
An internal investigation was launched based on a complaint that he made disparaging remarks about the sheriff's office as a union member.
Lucas noted the investigation in a comment he wrote in Dickey's most recent evaluation and included this criticism: "His priorities have shifted from the sheriff's office to serving in his capacity of PBA chapter president."
The only disciplinary action in Dickey's file was a letter of reprimand written in 1988 for failing to see that deputies under his charge complied with head-count procedures, according to his records.
Williams' folder lists no disciplinary action.
It does, however, contain a 1995 letter from the Florida Department of Law Enforcement's Division of Criminal Justice Standards and Training Commission. The letter states that Williams violated one or two sections of Florida Statute 943.13, but it does not specify the violation. These sections concern making false statements or perjury, receiving a dishonorable discharge from the military and being of good moral character.
The commission took no action against her but suggested Williams seek training, rehabilitation or counseling and "become the professional officer we believe you are capable of being."
From the comments in her performance reviews, it appears she became a model employee. In a 2000 review, a supervisor wrote that Williams was "one of the unit's best deputies."
News Channel 8 reporter Krista Klaus and Tribune reporter Mike Wells contributed to this report. Reporter Josh Poltilove can be reached at (813) 259-7691 or jpoltilove@tampatrib.com.
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Reader Comments
Posted by ( SueEisman ) on February 15, 2008 at 2:28 a.m. ( Suggest removal )
Da Co Bow
Guest
This shows how funny some of the sheriff's department feels the treatment of Brian was.
It's posted at www.leoaffairs.com
Then use the drop down menu to go to message boards. Look for Hillsborough County Sheriff. You'll then scroll down to the topic about Brian. I found this post on page 8 along with a lot more pretty disgusting ones.
PostPosted: 02/15/08 01:00:08 Post subject: Reply with quote
If that guy thinks he's going to sue the department he'll never win. After reviewing the tape it's quite obvious HE DOESN'T HAVE A LEG TO STAND ON hahahaha!
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Posted by ( Cp123 ) on February 15, 2008 at 5:50 a.m. ( Suggest removal )
I can't believe how the general public feels. This is a woman that has served her community for 22 YEARS. I'm sure the jail is a tough place to work and she, just like any other deputy put her life on the line every time she put that badge on. She has fought for YOU, bled for YOU, and would have DIED for YOU. And now all YOU want to do is throw her under the bus and use 1 minute of this deputy's carrer to identify her as an overall human/deputy. This is unreal. The next time you need to call 911 for something, remember which badge shows up on your doorstep and which badge keeps the bad part of the community locked up--Not one that's there to look pretty, but a man or woman willing to give up their life in your place if necessary. Every deputy, including Marshall is human and you can't expect her to act like a machine. Look at your own life/carrer and honestly tell me there's not one incident in which you should have lost your job or been locked up and weren't. That's all I've got to say. This whole issue is making me sick.
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Posted by ( CLD ) on February 15, 2008 at 6:04 a.m. ( Suggest removal )
"Posted by ( Cp123 ) on February 15, 2008
I can't believe how the general public feels. This is a woman that has served her community for 22 YEARS."
Gee, I wonder what "other stunts" she has pulled in her 22 years! Yeah, she is a GREAT role model for LE. I hope EVERYONE can be just like her! *rolls eyes*.
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Posted by ( CLD ) on February 15, 2008 at 6:07 a.m. ( Suggest removal )
For once the "tables have turned" on LE. Now there own cameras "can and will be used in a court of law"!
I hope this man gets everything he asks for and then some! Good luck Brian!
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Posted by ( subaqueous ) on February 15, 2008 at 6:19 a.m. ( Suggest removal )
I'm glad that's all you have to say since what you said was pretty deplorable. Generally you are saying that we must blindly accept acts like this because the Law Enforcement community has an occasional bad day. I’m sure there is an oath of conduct for every sworn Law Enforcement person and yes, we do expect them to be perfect – so get over it. I’m sure most take the oath to heart.
Maybe that’s an unrealistic expectation, but we do expect them to respond when we call, we do expect them to make those tough decisions under pressure and use sound experienced judgment. This incident is certainly not in character with what I expect out of a Law Enforcement professional. It’s a glass house – deal with it or choose another profession.
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Posted by ( Dieselbum ) on February 15, 2008 at 6:36 a.m. ( Suggest removal )
A friend who sold a local bar once said "when your throwing more drunks out of the bar than your bringin in it's time to get out of the bar business", maybe when you lose respect for humanity public employees should retire or move on.
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Posted by ( dakota ) on February 15, 2008 at 6:51 a.m. ( Suggest removal )
A Sheriffs detective is going to conduct a criminal investigation of the Sheriffs departments case. Not State or Federal Authorities? OK That Sheriffs Detective will do a great job, I am sure, because he will have to live with all his fellow Sheriff mates, after his investigation is complete.
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Posted by ( schuster169 ) on February 15, 2008 at 7:37 a.m. ( Suggest removal )
If This man had molested a child then how would you feel. there is no volume on this tape so you have so idea if he was complying(and i suspect he was not)they take other people down who dont so what makes him different
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Posted by ( schuster169 ) on February 15, 2008 at 7:39 a.m. ( Suggest removal )
HEY BRIAN DONT LIKE IT ABIDE BY THE LAW, DONT GO TO JAIL, SHOW UP FOR COURT DATES, SO YOU DONT HAVE TO BE BROUGHT IN
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Posted by ( PHOEBE ) on February 15, 2008 at 7:59 a.m. ( Suggest removal )
This deputy is an intake deputy not a street deputy. If one of us (civilian) had done this in our community, we would have been arrested on the spot, no investigation. What needs to be investigated----there's a video, this deputy should be charged now---it isn't a civil matter it is a CRIMINAL matter.
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Posted by ( RedRose111 ) on February 15, 2008 at 8:03 a.m. ( Suggest removal )
Thank GOD for that video! Now perhaps the public - & the nation - can witness some of the "monkey business" that goes on at the Orient Road Jail! I can say first hand, having been incarcerated at ORJ for a short time on a DUI charge that this type of behavior is typical of some of the female detention deputies. I cannot speak about the male deputies because I was really never around them. I even witnessed an incident while in ORJ where the detention deputy took away the wheelchair a woman depended on AS WELL AS assigning her to a TOP BUNK while in lockup. This, after the woman pleaded with the deputy that she wouldn't be able to climb up the narrow ladder to the top bunk! Also, once back in the lockup dormitory, while we had to fill out paperwork advising whether or not we needed a Public Defender, this same woman told the deputy that she needed her glasses to even read the paperwork. The deputy told her to do the best she could. This woman was in the initial group to which I was assigned when I first got there. I wheeled her back to lockup initially because the female deputy leading us would not help her & I read the paperwork to her because I felt someone should assist her. She was transfered to Falkenburg Road soon thereafter where they have more of a medical facility. *GROAN*
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Posted by ( apmatssim ) on February 15, 2008 at 8:23 a.m. ( Suggest removal )
Should Deputy Charlette Marshall-Jones be fired?
!!!! VOTE NOW!!!
(voting is at the very top of the forum at the link below)
http://www.tboforums.com/index.php/forums/viewthread/4332/
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Posted by ( bcchiang ) on February 15, 2008 at 8:30 a.m. ( Suggest removal )
Some of you posters amaze me...i know how to behave and act while AT WORK, i have never lost judgement or had a bad day and did something as repulsive as this woman did while ON THE JOB!! I've been pushing a coworker who has a fractured pelvis in a wheelchair for the past month! Even if i accidently tipped her out of her wheelchair there is no doubt I would be reprimanded or at least investigated. There shouldn't be a difference with this case. Why? Because she's a Correctional Officer? I'm supposed to feel sorry that she CHOSE THAT LINE OF WORK and had a bad day BECAUSE OF THE WORK SHE CHOSE? I have no sympathy for this woman as I have no sympathy for any other video that shows a LEO on a power trip abusing their authority. It honestly makes me sick because as citizens, if a LEO decides to get rough with you, you have absolutely no choice but to take it! You can't fight back! You can't swing back in self defense, you have to take it and hope and pray you can afford a good lawyer to get justice. These people are here to serve and protect the public. In what way do you think this serves and protects the general public?
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Posted by ( apmatssim ) on February 15, 2008 at 8:39 a.m. ( Suggest removal )
The quote below is from the law enforcement message board for Tampa regarding this case.
"If I were him, I would shut up before somebody produces a video of his escapades, including how amazingly he gets around without a wheelchair."
http://forums.leoaffairs.com/viewtopic.php?t=48202
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Posted by ( RedRose111 ) on February 15, 2008 at 8:42 a.m. ( Suggest removal )
<<I have no sympathy for this woman as I have no sympathy for any other video that shows a LEO on a power trip abusing their authority. It honestly makes me sick because as citizens, if a LEO decides to get rough with you, you have absolutely no choice but to take it! You can't fight back! You can't swing back in self defense, you have to take it and hope and pray you can afford a good lawyer to get justice.>>
bcchiang - I agree with you 200%! You definitely hit the nail on the head.
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Posted by ( gina1108 ) on February 15, 2008 at 9:14 a.m. ( Suggest removal )
Cp123, if this is the kind of animal that is supposed to be "protecting and serving" me and my family, I'm on the first plane out of here.
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Posted by ( KM13 ) on February 15, 2008 at 9:49 a.m. ( Suggest removal )
she works in booking... she's not on the street protecting anyone. Its not like they switch off who gets to be a street cop and who doesn't. She did wrong... but don't throw the whole department under the bus because of her. Think of how much worse it would be if you had to fend for yourself and every criminal who is currently in jail was on the street.
They do their jobs... some do it much better than others, but that is the same with any job. I'm thankful for what they do.
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Posted by ( nannan ) on February 15, 2008 at 9:53 a.m. ( Suggest removal )
this woman's behavior doesn't surprise me at all. there are many bad detention officers in Florida jails as well as the department of corrections. along with them are lying prosecutors and corrupt judges. thank god this woman is not a LEO that i would have to depend on. you can bet there are many more like her and they mistreat inmates and their families every day. it doesn't matter if they are disabled or not. now is the time for all the horror stories to come out and keep the pressure on our elected officials to get this system fixed.
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Posted by ( deez ) on February 15, 2008 at 10:22 a.m. ( Suggest removal )
NANNAN how do you know how bad detentions in Florida are? Sounds like you're a criminal who has made a few visits to jail facilities. QUIT CRYING about how bad they are. Detentions deal with some of the worst kind of people that you wouldn't want living next door to you! GET a LIFE and stay out of jail and you won't have to worry about it. This detenition deputy screwed up big time and no doubt she deserves to lose her job. I challenge anyone to go apply for a job if you think you can do better. Take the pay cut, babysit criminals, and serve your community.
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Posted by ( TampaSlim ) on February 15, 2008 at 10:25 a.m. ( Suggest removal )
CP123 It is not the general public. It is a few disgruntled people, mostly having a problem with authority figures, that are raising the biggest fuss. The Dep. was wrong. She'll pay a price. But, some of these morons would be all for burning down her house. Some have personal axes to grind and/or personal agendas, do to wrongs (or perceived wrongs) they have experienced with HCSO. A lot of it comes down to our society suffering from the malaise of individuals refusing to take responsibility for their own actions. Small minds, with small ideas.
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Posted by ( ufbull ) on February 15, 2008 at 10:33 a.m. ( Suggest removal )
22 years of service ?? I have never seen the inside of a jail , but if I was to assault a man in a wheelchair that would change . Should be no different just because she wears a badge !
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Posted by ( nannan ) on February 15, 2008 at 10:37 a.m. ( Suggest removal )
deez, i'm so sure you will be disappointed to find that i have never broken the law and am a very upstanding citizen. i have one son who is a LEO and if you ever do anything wrong you should hope he's the one to stop you. if he ever did anything like what Jones did what he would have to suffer from me would be far worse than any thing the dept. could do to him. so before you start shooting your mouth off about me or anyone else be sure you know what they are all about.
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Posted by ( MM ) on February 15, 2008 at 11:27 a.m. ( Suggest removal )
TampaSlim and CP123,
I have no issues with authority figures. In fact, a very nice officer helped me yesterday when someone else accidentally hit my car. I thanked him for his time, and appreciated that he was there for me. I personally want to thank all LEO's for the jobs they do every day, and let them know I worry about their safety when I know they are at risk, and I am sorry for all the tragic things they see and for all of the horrrible things they deal with on a daily basis.
But in giving my thanks, I don't forget that this is the line of work they have chosen. They have chosen to serve and protect, and they know what risks they are signing up for. This acceptance does not give them license to forget about humanity. Sure, they get dis-respected, hurt, killed, and this makes me sad and angry - the same feelings I have whenever these things happen to ANYONE.
In the case we are discussing here, I am completely disgusted with what I saw was done to Mr. Sterner by Ms. Marshall-Jones, as I think anyone with any sense of decency would be.
I don't think it is fair or right for anyone to be condemning all LEO's, as some appear to be doing. These folks are blowing off steam, for sure. As in any profession, there may be some, or many, who abuse their power. That is unfortunately the way human beings are. Should we just accept it? Heck no! Should we assume everyone in that line of work is just as abusive? Also, heck no. A bad apple here and there need not spoil the whole bunch, unless the bunch decides to let the bad ones stay in the bunch. Then the rot spreads, in this case, to the very good souls and reputations of all of the LEO's out there.
In this case we cannot turn our backs and pretend nothing happened - like the officers who just stood by and laughed. Ms. Marshall-Jones will need to step up to the plate and explain herself and her actions, though I cannot for the life of me think of any reasonable explanation for her behaviour. The other officers need to do the same. They will all need to take responsibility for their actions.
I hope all LEO's can see that folks like this are what causes good people to only see the bad in others.
The LEO's need to stand together and make sure to separate the "bad apples" from the rest of the good bunch, lest their reputations and souls start to rot as well. It is their choice to condone or condemn. I hope they make the right choice, for all of us.
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Posted by ( sabrina33540 ) on February 15, 2008 at 11:47 a.m. ( Suggest removal )
All the officers shown in the booking area should be suspended "without" pay. The one laughing in the video did see what happened and obviously thinks humiliating a handicap person is funny (how sick is that!!).
This entire episode shows how disrepectful these officers are of a persons human rights, be they handicap or not. People with this attitude do NOT belong in a job such as this. They need people who are capable of some compassion thus able to tell good from bad. This woman who dumped Sterner definitely has mental problems and it's surprising she's remained on the force 22 years! I'm sure this isn't the first time she's been so callous toward another human being and a quadraplegic, at that!
Law inforcement officers or not, no one deserves to be treated as Sterner was.
The other issue re his arrest is: how in the h@@ll could he be "running" from an officer? The man is paralized from the chest down! Guess he was rolling away in his wheel chair??
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Posted by ( MyNameIsJob ) on February 15, 2008 at 12:08 p.m. ( Suggest removal )
No offense SuicideRisk but I think you know as much as I do that there will NEVER be a high profile black on white hate crime case in our lifetime. Hell... Look at the jenna six, six black kids beat a white kid until he lost consciousness and then continued while he was unconcious all stemming from racial tensions..and they marched because the main culprit was denied bail.
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Posted by ( murrlj ) on February 21, 2008 at 5:58 p.m. ( Suggest removal )
61yr old male, 4 yr paraplegic complete - I've fallen out of my chair a handful of times. While I have good upper body strength, my level of injury eliminates balance. If somebody other than myself causes me to hit the deck, I could be injured. For sure, I'd get what's called an autonomic dysreflexia attack - common to paras and quads - and sometimes serious. Can lead to heart attack/stroke. In any case, if a cop dumped me, I'd slap him/her with every suit/charge imaginable. I don't care how "justifiable" his/her motivation. (Just looking at that video creates such anger in me that I can't quite maintain decorum....)
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