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Published: February 23, 2008
TAMPA - Video released last week of a detention deputy dumping a quadriplegic man from his wheelchair at Orient Road Jail made national news, but the quadriplegic man says that wasn't the only time deputies failed to properly handle his disabilities.
Standard operating procedures for Hillsborough County call for transporting inmates with disabilities in vehicles compliant with the Americans With Disabilities Act. Instead, he said, deputies took him to jail in a standard cruiser and took away his catheters when he entered jail.
Sterner held copies of the standard procedures Friday while being interviewed in his attorney's office.
"It's cliche, but it's not really worth the paper it's printed on," he said.
Hillsborough County sheriff's officials recently decided to review their training procedures, said Maj. Jim Previtera, who leads the agency's training division.
Previtera said it felt as if he was punched in the gut when he first watched video of Sterner being dumped from the chair by Detention Deputy Charlette Marshall-Jones. While Previtera doesn't think training issues were to blame for the incident, he said deputies have an obligation to review procedures and become more aware of how to respond to people with disabilities.
"In two years, we've made tremendous progress in our training," he said. "This incident, it just really brings to light the need for constant, ongoing professional training in all aspects. ...So we have to take a look at ourselves."
Other Incidents
Sheriff's officials met this week with the Florida Center for Inclusive Communities and the Advocacy Center for Persons with Disabilities to discuss ways to improve procedures, Previtera said Friday.
Hubert Grissom, legal director for the Tampa office of the Advocacy Center, said nothing specific was worked out, but the center may put together a needs assessment report.
"We would make our general resources available and let them decide what they want," Grissom said.
Word of alleged mistreatments at the jail surfaced after release of the Sterner video.
Two other Orient Road Jail incidents captured on video recently were made available to the media.
Wednesday, a woman complained that a male detention deputy broke her left arm in May. On Feb. 15, another woman filed a federal lawsuit claiming a detention deputy pulled her by the hair, slammed her to the ground and punched her.
Although Previtera described the wheelchair incident as inexcusable, sheriff's officials have denied wrongdoing in the other two incidents. They have not responded publicly to a separate complaint from a woman who claims Marshall-Jones abused her in a jail bathroom but have acknowledged that an internal affairs investigation has begun.
Expert's Opinion
Edward Mamet, a police procedure consultant and former New York Police Department captain, saw the three videos via e-mail Friday.
He said Sterner seemed to be no threat and there is no justification for dumping the man from his wheelchair.
"You get some medically trained people, EMS people, to lift him out of the chair," Mamet said.
The video of a 2006 incident shows detention Deputy Shanna Marsh speaking to Marcella Pourmoghani-Esfahani before pulling her by the arm. Pourmoghani-Esfahani pulled back and hung on to her seat, which the sheriff's office says amounts to resisting. The deputy reached for the woman's shoulder and sleeve and did not intentionally pull her by the hair, the sheriff's office has said. Marsh pulled Pourmoghani-Esfahani from her seat, put her on the ground and punched her.
The Pourmoghani-Esfahani incident also seemed unnecessary, since she was sitting in a chair, not bothering anyone, Mamet said.
Told of other factors including the deputy's possible fear of biting and repeated attempts to tell the woman to sit and remove her foot from the chair, Mamet said the incident was more understandable.
"You use force if someone is failing to comply with your order," he said. "But the force must be reasonable."
In a separate incident May 9, video shows detention deputy Milton Fassett removing Charlana Irving from a cell after repeated attempts to calm her verbally failed, a sheriff's office statement says. As Fassett tried to escort Irving from the cell, she pulled away.
Irving was taken to the clinic after complaining about pain in her arm. When it was determined that her left arm was broken, it was placed in a sling.
A sheriff's statement says it is not possible to tell whether the broken arm occurred before or after her altercation with the deputy.
After watching the Irving video, Mamet said he didn't have any problem with how Fassett reacted to the woman. It appeared to Mamet that Irving didn't want to leave the cell and, when the deputy went in to get her, she backed up.
Force was necessary, he said, but "it was excessive if they broke her arm."
Tribune reporter Thomas W. Krause contributed to this report. Reporter Josh Poltilove can be reached at jpoltilove@
tampatrib.com or (813) 259-7691.
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Reader Comments
Posted by ( ABBY_914 ) on February 23, 2008 at 3:15 a.m. ( Suggest removal )
The horse is already in Texas...why bother trying to close a jammed barn door now?
The *entire* Hillsborough County Sherrif's office needs revamping. From dragging 13 year old girls out of houses in camisoles and pajama pants to stopping to have a conversation with a fellow officer about a recent ongoing divorce to the abuse of disabled people for traffic violations, it seems they feel fully confident in breaking the law they are sworn to uphold.
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Posted by ( RobKay ) on February 23, 2008 at 6:24 a.m. ( Suggest removal )
There is a big difference between an officer out on the streets and someone working as a guard in a jail. I do not think the same people do duty in both positions. If that is correct, I really feel sorry for the guards who are stuck dealing with the lowest low life scum on a daily basis. They have first hand knowledge that they will be taken advantage of at every possible opportunity by the human refuse they have to guard, yet they are held to the highest standard by the public who haven't an incling of what they are subjected to. Give the guards a little slack if they slip up because the inmates certainly won't. How can we complain when criminals aren't given harsher sentences and then turn on the guards for not showing them respect they don't deserve?
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Posted by ( RobKay ) on February 23, 2008 at 6:31 a.m. ( Suggest removal )
One thing I don't understand. The man in the wheel chair said this wasn't the first time they failed to properly handle his disabilities. I thought he was just arrested and being booked? If this isn't the first time, how often has he been through the place, and why? There is more to this story that we don't know yet.
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Posted by ( truthmiser ) on February 23, 2008 at 8:12 a.m. ( Suggest removal )
Abby_914_
You are weird! Did you go to school? Do you honestly beleive all 3500 employees of the sheriff's office act like a select few! THINK BEFORE YOU TYPE!
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Posted by ( anymouse ) on February 23, 2008 at 8:51 a.m. ( Suggest removal )
im sure there were a "few good nazi's"
but they were still nazis!
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Posted by ( coplaw ) on February 23, 2008 at 9:40 a.m.
(This comment was removed by the site staff.)
Posted by ( GONASA ) on February 23, 2008 at 10:41 a.m. ( Suggest removal )
anymouse - sooo, how many times have you been arrested? Bummer they shut your meth lab down.
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Posted by ( scottfwtx ) on February 23, 2008 at 2:23 p.m. ( Suggest removal )
Robkay what difference does it make?
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Posted by ( DoodleBugg ) on February 23, 2008 at 2:50 p.m.
(This comment was removed by the site staff.)
Posted by ( DoodleBugg ) on February 23, 2008 at 2:52 p.m. ( Suggest removal )
hey site staff.....you got family in the sheriffs office?
i said nothing that needed to be removed
you suck and i fart in YOUR general direction
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Posted by ( DoodleBugg ) on February 23, 2008 at 2:53 p.m. ( Suggest removal )
how's it feel to be pinko commie censoring pieces of shiite
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Posted by ( DoodleBugg ) on February 23, 2008 at 2:56 p.m. ( Suggest removal )
now how to say NAZI in street lingo?
SITE STAFF
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Posted by ( DoodleBugg ) on February 23, 2008 at 2:57 p.m.
(This comment was removed by the site staff.)
Posted by ( DarthManhandle ) on February 23, 2008 at 4:16 p.m. ( Suggest removal )
DoodleBugg-
What the heck did you say???
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Posted by ( TampaGirl4Ever ) on February 23, 2008 at 7:37 p.m.
(This comment was removed by the site staff.)
Posted by ( dobefan ) on February 23, 2008 at 9:29 p.m. ( Suggest removal )
TampaGirl4Ever...I got a great idea. If you think jail is so bad, quit messing up and stay out of jail. Is that concept too difficult to understand? I am willing to bet you were running your mouth just as you are now.
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Posted by ( TampaGirl4Ever ) on February 24, 2008 at 12:08 a.m.
(This comment was removed by the site staff.)
Posted by ( dobefan ) on February 24, 2008 at 5:31 a.m. ( Suggest removal )
You are way off base. Where do you ever see me defending that particular incident? Remember, these are the same deputies who intervene when inamtes are beating each other. If you ever end up in jail again, you just might need one of those deputies when you are getting your butt kicked. Oh wait...they might be too busy dumping someone out of their wheelchair.
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Posted by ( Dove ) on February 24, 2008 at 9 a.m. ( Suggest removal )
I sympathize with the challenges that detention staff must deal with on a daily basis but implying that being abused by that staff is the victim's fault for getting arrested in the first place is a flawed argument.
First, let's no forget that, in America, you are innocent until proven guilty. That's why we have a court system in the first place. Innocent people get arrested all the time. Excusing abuse of arrestees punishes the innocent and a system that punishes the innocent is flawed.
Second, if someone *is* guilty, that is not up to the detention staff to decide. That is for the courts to decide. And the courts have been known to make mistakes too.
Third, if someone has been found guilty by the court system, some of their rights may be denied but they do still have rights. In a sense, how we treat our prisoners is one of the most important indicators in how well our government respects the rights of its citizens.
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Posted by ( DoodleBugg ) on February 25, 2008 at 1:28 a.m. ( Suggest removal )
Hey site staff........just had to check back to see what's been happenin'.......
and gotta say .........you REALLY do suck for deleting my comment from 2 days ago...........wow.........must just be a cake job , not to read and UNDERSTAND , but to read and be bored , with a key to press to make go away.....
just thought i'd chine in with some observation
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Posted by ( DoodleBugg ) on February 25, 2008 at 1:44 a.m. ( Suggest removal )
and i observe your really do suck..........
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Posted by ( murrlj ) on March 6, 2008 at 3:57 p.m. ( Suggest removal )
bottom line - Cops have a tough job. a thankless job in some respects. Regardless, it's a job that demands dignified treatment of all. One's guilt, innocence, record, appearance, etc. have nothing to do with treatment. To allow that is to diminish the badge. Cops are cops. Humans are humans. They are the same. They each deserve respect by virtue of that sole fact.
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