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DEPUTY FACES FELONY IN WHEELCHAIR CASE

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By JOSH POLTILOVE and ADAM EMERSON, The Tampa Tribune

Published: February 16, 2008

TAMPA - An arrest warrant was issued Friday for Charlette Marshall-Jones, the detention deputy who dumped a quadriplegic man from his wheelchair.

"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," Sheriff David Gee said at a 9:30 p.m. news conference.

Marshall-Jones was notified of the arrest warrant a few hours earlier, he said, and deputies were surprised she hasn't gotten in touch with them about turning herself in. Gee said a judge had already set her bail at $3,500.

The sheriff said Marshall-Jones will face a charge of abuse of the disabled, a third-degree felony. She has not been fired but remains on unpaid leave, Gee said. Another deputy who witnessed the incident also has been placed on unpaid leave.

Also Friday, Brian Sterner, the man dumped from his wheelchair, said 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.

Trevena also said deputies told him there are more camera angles than have been publicly aired showing what happened when Marshall-Jones tipped Sterner out of his chair.

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.

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

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 grabbed attention across the nation. One clip of it on YouTube has been 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."

'The System Is Out Of Control'

"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.

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

The attorney said his client is a 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.

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. He had been in New York, where he appeared on the "Today" show this week.

In a news conference Friday 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.

Lawyer Expects Firings

Gee said Friday the others in the room at the time, who did nothing, likely would not be charged.

Three of Marshall-Jones' 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.

Denise McElwee, who worked as a nurse at the jail from 2004 to 2006, said 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."

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 think 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 contributed to this report. Reporter Josh Poltilove can be reached at (813) 259-7691 or jpoltilove@ tampatrib.com. Reporter Adam Emerson can be reached at (813) 259-8285 or aemerson@tampatrib.com.

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