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Jail Incidents Aren't Alike, Deputy Says

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By THOMAS W. KRAUSE, The Tampa Tribune

Published: February 20, 2008

Updated: 02/20/2008 12:55 pm

TAMPA - Hillsborough County Chief Deputy Jose Docobo rejects any comparison between two jail booking incidents that have landed his department in legal trouble - one showing a deputy dumping a man from a wheelchair in January and another showing a deputy pulling a woman to the floor and punching her in 2006.

Dropping a man from his wheelchair, Docobo said, is "inexcusable." The other incident is an "appropriate" use of force, he said.

Virlyn B. Moore, an attorney who filed a federal lawsuit on behalf of Marcella Pourmoghani-Esfahani, said Monday that the two videos are indicative that deputies "prey" on women and the disabled. He declined to comment further Tuesday.

On Jan. 29, Brian Sterner was arrested on a traffic violation warrant. A video taken at the jail shows a detention deputy, Charlette Marshall-Jones, turning over a wheelchair, dropping Sterner to the floor, then searching him. The deputy has been charged with abusing a disabled person and has resigned.

A video of the 2006 incident shows detention Deputy Shanna Marsh pulling Pourmoghani-Esfahani from her seat, putting her on the ground and punching her while other deputies handcuff her and restrain her legs. She was sent to a hospital for treatment.

Docobo said Marsh wrote a use-of-force report detailing the incident - something Marshall-Jones did not do. Superiors reviewed the incident and cleared Marsh of wrongdoing.

As he pointed to the video on his office computer Tuesday, Docobo said Pourmoghani-Esfahani was intoxicated and left her seat in jail booking. A booking clerk walked up to her, followed by Marsh.

Pourmoghani-Esfahani sat down again and put a foot on the seat in front of her. Marsh talked to her, then tried to pull her by the arm. Pourmoghani-Esfahani pulled back and hung onto her seat. That, Docobo said, amounts to resisting.

Marsh then reached for her shoulder and sleeve. She did not intentionally pull her by the hair, as her attorney argues, Docobo said.

At any given time, as many as 100 people can be in the booking room awaiting processing, Docobo said. None of those inmates should feel they have control over the room, Docobo said.

"This happens all the time," Docobo said. "These deputies have to work, on a daily basis, with the worst of society in there."

Pourmoghani-Esfahani's video shows that, while on the floor, she grabbed Marsh's legs. Marsh felt she was in danger of being bitten, Docobo said.

"Defense strikes are absolutely appropriate to prevent someone from biting you," Docobo said. "We don't expect deputies to sit there and be a punching bag for inmates."

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

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