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Another Disabled Inmate Uses Jail Video To Make Abuse Case
Image from surveillance video
The same attorney who represented a disabled inmate weeks ago in an abuse case against the sheriff's office said another handicapped inmate also was dumped from a wheelchair by deputies.
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Published: February 28, 2008
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TAMPA - A video that was used to convict a man of attacking deputies now is being used against the Hillsborough County Sheriff's Office.
The same attorney who represented a disabled inmate weeks ago in an abuse case against the sheriff's office said another handicapped inmate also was dumped from a wheelchair by deputies.
Former inmate Brian Sterner's treatment on Jan. 29 by detention Deputy Charlette Marshall-Jones resulted in her arrest on a felony charge of adult abuse and her resignation after 22 years with the agency. The video of his treatment made its way around the globe, prompting outcries from the public and an apology from Sheriff David Gee.
Largo lawyer John Trevena wants the sheriff's office to open a second criminal investigation into the treatment received by Benjamin Rayburn, 32, who is serving a 10-year prison sentence.
This time, the sheriff's office is offering no apologies.
"The use of force was justified by inmate Rayburn's efforts to assault a deputy," sheriff's spokeswoman Debbie Carter said in a written statement. "Under normal circumstances he would have been placed in cuffs and leg irons before being strapped into the restraint chair.
"Rayburn's personal wheelchair was brought into Central Booking by the arresting officers when he was processed," Carter wrote. "Standard practice is to replace it with an issued chair when an inmate is placed in housing."
Rayburn was arrested Oct. 3, 2006, on charges of aggravated battery with a firearm, armed false imprisonment and a warrant for grand theft.
Lawyer: Video Contradicts Report
According to an incident report written by detention Deputy Bret Strohsack, Rayburn was put in a holding cell for a "cooling off period" after being disruptive in the medical area of the booking room.
Rayburn banged on the glass door with his fists, demanding to be let out, Strohsack wrote.
The deputy said he opened the cell door to tell Rayburn to calm down, but the inmate threatened to cut him with an object in his hand that later was determined to be a glass crack pipe.
Rayburn threw the pipe; it hit the Plexiglas door and shattered, Strohsack said. The pieces struck another deputy in the back of the head.
"I relocated Rayburn from his wheelchair to the holding cell floor," Strohsack wrote in the report.
Trevena said the video contradicts the incident report.
"The video is very clear," Trevena said. "Rayburn may have been verbally combative but there was no physical provocation whatsoever."
Rayburn was left crawling on the floor for more than an hour, he said.
"If you look at the video, you can see he's the victim, not the perpetrator," Trevena said. "Even if he had attacked them, which is not shown in any way in the video, dumping him out of a wheelchair is not in any way appropriate."
The video, shot from an overhead camera several yards away from the holding cell, shows Rayburn knocking on the glass door. When a deputy opens the door, Rayburn makes a downward swinging motion of his arm.
It is difficult to see if Rayburn is holding something in his hand or if an object is thrown.
The video then shows deputies going into the cell and forcing Rayburn to the ground.
Rayburn was arrested that day by Tampa police after being found in a drunken condition, according to published reports. Police said he shot a man in the back with a .32-caliber handgun after finding his girlfriend asleep with the man at Sailport Waterfront Suites, 2505 Rocky Point Drive. The victim recovered.
'I'm Not Alleging He's A Saint'
The video of him in the holding cell was used as evidence to convict Rayburn of the add-on charges of aggravated assault on a law enforcement officer and battery on a law enforcement officer, Carter said.
"My client has a substantial criminal history, and I'm not alleging he's a saint," Trevena said. "But regardless of who the detainee is, no one should be mistreated."
Sterner, 32, a quadriplegic, was arrested on a traffic-related violation. He was dumped to the floor after Marshall-Jones allegedly told him to stand so that she could frisk him and he did not comply.
The massive media attention to Sterner's case prompted a flood of calls to Trevena's office by people who claimed mistreatment by the sheriff's office, he said.
However, filing their civil rights complaints would be nearly impossible without evidence, he said.
"We've been inundated with inquiries," he said. "But absent specific evidence, such as this video in this case, it is not possible to litigate their cases."
Reporter Mike Wells can be reached at (813) 259-7839 or mwells@tampatrib.com. Reporter Ray Reyes contributed to this report.
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Reader Comments
Posted by ( cyberpimp11 ) on February 28, 2008 at 3:38 a.m.
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Posted by ( dennisjb ) on February 28, 2008 at 4:52 a.m. ( Suggest removal )
nahhhhhhh I'm goin' after the people who made my brake shoes and pads.....good luck with the tires though....I'll be rootin' for ya
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Posted by ( bobschomaker ) on February 28, 2008 at 4:53 a.m. ( Suggest removal )
It's Lawyers like Mr.Trevena that give "Ambulance Chasers" a bad name. I felt the Sterner case is justified in its merit as Mr. Sterner should have never been arrested in the first place (B.S. charge of eluding police)as well as the fact that he was not being disruptive when he was dumped on the floor.On the other hand Mr. Rayburn had just shot a man and was being disruptive and disorderly. Jail is not a nice place to be, and the deputies do have a difficult job. They have to maintain control and order or people are going to get hurt. I'm not condoning abuse in any way but I did not see any after watching the video. Maybe Mr. Trevena should try doing the deputies job for a day instead of clogging the system with this unwarranted waste of time for his financial gain.
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Posted by ( aneye4beauty ) on February 28, 2008 at 6:05 a.m. ( Suggest removal )
Right on BOB! Trevena's true colors are emerging. What comes to my mind are those sucker fish that feed off the bottom trying to survive on others waste. May his name be remembered for what he truly is!!!
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Posted by ( skeeter ) on February 28, 2008 at 7:34 a.m. ( Suggest removal )
If jail deputies have too hard a time with their jobs, they should quit today, and go get jobs writing parking tickets. Abusing prisoners is not an acceptable way of coping with stress, ever. "Blaming the victim" is a defense used only by guilty little cowards.
If it takes a few lawsuits for the Sheriff's department to clean up their act, I say sue them a few more times.
Obviously there are staff at Orient Road who shouldn't be there, and as long as they are, the Sheriff is liable for what happens.
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Posted by ( BUSHSUX ) on February 28, 2008 at 7:40 a.m. ( Suggest removal )
So,it appears "bob" and "aneye" feel that persons lose their contitutional rights BEFORE THEY HAVE BEEN CONVICTED and can be mistreated and abused at the whim of jail guards. Noone should be treated like trash. And as for Mr. Travena, everyone is has the right to council, as provided by the constitution. Perhaps you two would like to go to an Arab country and try your luck.
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Posted by ( justasecond ) on February 28, 2008 at 8:12 a.m. ( Suggest removal )
Appearantly, "Skeeter" and "Bushsux" are either prior inmates or ambulance chaser themselves. I do feel the 1st case involving Sterner was not handled properly by the HCSO. However, have you looked at Rayburn's prior arrest history. Just because you are handicapped, you should not be treated any different. Handicap do not want to be treated differnet unless it is a loser like Rayburn and it is in his favor, obviously, as Rayburn is now jumping on the band wagon. If a non "handicapped" human pulled the same behavior that Rayburn did- it would be justified??? Come on, Rayburn shot someone in the back because they were sleeping w/ his girlfriend- what a low life? What happened to an "eye for an eye"? Quit defending the "losers" and start defending people that deserve it!!!!
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Posted by ( mrjadams ) on February 28, 2008 at 8:29 a.m.
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Posted by ( justasecond ) on February 28, 2008 at 8:37 a.m. ( Suggest removal )
Why shouldn't priors be taking into consideration? Have you looked at his priors???? Obviously Rayburn has an abusive past. I could see if this Rayburn charactor was innocent but that is not the case. I believe in giving 2nd chances and everyone deserves a fresh start, but ONLY if that person is trying for a fresh start! Arrested twice for the same cause is not trying to turn over a new leaf!!!
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Posted by ( mrjadams ) on February 28, 2008 at 8:54 a.m. ( Suggest removal )
Priors or not, this man was "in a closed room". He was not a threat to anyone outside of that room. Disruptive behavior or not, the best action for an officer to take probably would have been to continue with his "cooling off period". I am not an officer and I claim to have no concrete knowledge on how to "process" a criminal, but common sense would tell you (at least I would think)that dumping a wheelchair bound person to the floor and leaving them to crawl around on said floor for upwards of an hour....simply is not the correct way to go about a situation. New leaf or not, this is inexcusable behavior.
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Posted by ( BUSHSUX ) on February 28, 2008 at 8:56 a.m. ( Suggest removal )
Justasecond, not that it's ANY OF YOUR F'N BUSINESS, but I have NEVER been arrested anywhere. Never ,ever charged with a crime. I'm not a lawyer either, just a citizen who has the right to comment about abuse when I see it.That said, it appears you are of the same sadistic ilk that also is homophobic,immigrant phobic,and generally dislikes people of color. Perhaps you can just go back to listening to Rush Lamebrain and Michael "Bigot" Savage and feel better about your trailer trash life. Your statement,"Handicap do not want to be treated differnet",says it all. Spelling not withstanding, calling the disabled "handicap" is quite ignorant in of itself. And I don't know of anywhere in the Constitution or Florida law that it says the more you're arrested, the more you can be abused by the jail staff.
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Posted by ( bobschomaker ) on February 28, 2008 at 9:14 a.m. ( Suggest removal )
It appears that after watching the video that Mr Rayburn was much less of a threat to himself and deputies when he was on the ground. The deputies had to take control of the situation that Rayburn created. If Mr Rayburn had been orderly and not thrown his crack pipe, there would not have been a situation. To Mr. Adams....this had nothing to do with Rayburns long and extensive criminal history. This, in my opinion was very different from the Sterner case.
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Posted by ( shortstop1 ) on February 28, 2008 at 9:24 a.m. ( Suggest removal )
bushsux,
Don't pay any attention to justasecond.
He probably also thinks that Bush has turned this country around for the better..
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Posted by ( bobschomaker ) on February 28, 2008 at 9:31 a.m. ( Suggest removal )
The staff used the necessary force needed to handle the situation that Mr. Rayburn created when he became disorderly and broke his crack pipe. It's easy to sit back and judge others when you are not put into their job. This has nothing to do with Rayburns extensive criminal history or color of his skin or the fact he is disabled. He was alot more controlled when he was flat on his back. He was not abused... to bushsux, you appear to have anger issues that may need to be addressed with some professional help.
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Posted by ( GF ) on February 28, 2008 at 9:45 a.m. ( Suggest removal )
BUSHSUX, Screw your PC crap. You are mentally "handicapped".
Def: "a disadvantage that makes achievement unusually difficult : a physical disability"
Too bad you don't speak out so much for the victims these criminals leave behind. But you love to speak for a dirtbag with a crackpipe that was stashed in his wheelchair. God knows what else could have been in there, a knife, a needle, a small gun? If he had pulled the arm off the wheelchair, and beat somebody with it, you would jump on that bandwagon too, saying the cops didn't handle that right either. Ugh.
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Posted by ( BUSHSUX ) on February 28, 2008 at 9:49 a.m. ( Suggest removal )
One detail that seems to be lost in this discussion. If this man was under arrest, it would follow that he had to have been searched before being left in the room alone in his wheelchair. How was it that these fine officers, who must certainly be familiar with proper search procedures, miss the fact that this man had a crack pipe on him?
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Posted by ( mrjadams ) on February 28, 2008 at 9:50 a.m. ( Suggest removal )
Bob: You and I have shared the same opinion about past issues on this site. However, in all honesty, there is nothing that you can type that will make me feel that it is okay to remove a wheelchair bound person from their wheelchair and leave them crawling on the floor. Nothing at all. I commend you for sticking by your opinion. It takes courage to stand up for something you believe in. Kudos.
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Posted by ( BUSHSUX ) on February 28, 2008 at 9:59 a.m. ( Suggest removal )
BOB, so you think that four officers, ganging up on a disabled prisoner ,throwing him to the floor, and forceing him to lie on the floor for more that an hour isn't abusive? Where did you grow up,in ABu Graib, Guantanamo? If standing up for myself when falsely accused of being a felon is having "anger issues", perhaps you might take a break from that prozack and come to reality.. If this person was under arrest, he must have been searched at the time of arrest. Why didn't these fine examples of officers find the so called crack pipe when he was searched.OOOPPS, must have been a mistake.
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Posted by ( GF ) on February 28, 2008 at 10:05 a.m. ( Suggest removal )
Now it's the cops fault that the guy had a crack pipe too? Sheesh. I guess it's the cops fault that he shot a guy too, and that he got 10 years for too. Or maybe that was Bush's fault. Gotta blame everybody BUT the criminal, typical.
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Posted by ( BUSHSUX ) on February 28, 2008 at 10:06 a.m. ( Suggest removal )
GF, did you look that definition up all by yourself? Or did you Google it? If any of those weapons which you list were in his posession, why weren't they found when he was searched after arrest? By the way, are you related to Justasecond, or just Rethuglican brothers under the skin?
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Posted by ( BUSHSUX ) on February 28, 2008 at 10:14 a.m. ( Suggest removal )
GF, typical Rethug response. I didn't SAYIT WAS THE COPS FAULT HE HAD A PIPE. I SAID IT WAS THEIR FAULT THEY DIDN'T FIND IT WHEN THEY SEARCHED HIM. You see, you really don't measure up to RUSH'S standard for rebuttal arguement. Ignoring what I actually said, and putting your words forth as my implied statement is an old trick, and one that frankly won't work anymore. Keep on spewing, GF.
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Posted by ( BUSHSUX ) on February 28, 2008 at 10:26 a.m. ( Suggest removal )
GF, getting slow on the response? Yea, that Google is slow sometimes.
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Posted by ( BUSHSUX ) on February 28, 2008 at 10:32 a.m. ( Suggest removal )
GF,my chosen screen name seems to bother you. A little touchy about voting for the WORST PRESIDENT ever, TWICE !! I didn't mention bush-it, YOU DID. There's not enough space on this forum to list all the things which are bush-it's fault! But, it will SOON BE OVER !!
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Posted by ( bobschomaker ) on February 28, 2008 at 10:55 a.m. ( Suggest removal )
Bushsux, how the hell did we go from discussing the Rayburn story to your severe dislike of President Bush or even Rush Limbaugh. I am not a fan of either, but come on!!!
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Posted by ( GF ) on February 28, 2008 at 11 a.m. ( Suggest removal )
I have other things to do other than wait on my government cheese check like yourself. What's wrong, everybody else ignoring you? What a shocker.
I can see the corotid in your neck thumping. Take one of your pills, it will be OK, your check will be there next week.
You said: "I didn't SAYIT WAS THE COPS FAULT HE HAD A PIPE. I SAID IT WAS THEIR FAULT THEY DIDN'T FIND IT WHEN THEY SEARCHED HIM."
So, it WAS there fault that he had it in the cell right? That's exactly what I said. Jeez what a dumb-ss
Google this. (holding my crotch)
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Posted by ( sayitaintso ) on February 28, 2008 at 11:01 a.m. ( Suggest removal )
you can clearly see that rayburn was being disruptive this is not like the sterner case at all........ this guy is just looking for some $.
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Posted by ( BUSHSUX ) on February 28, 2008 at 11:23 a.m. ( Suggest removal )
bob, see GF post @ 10:05. GF, you are dumber that a box of rusty hammers. Indeed IT WAS THE COPS FAULT HE HAD CONTRIBAND IN THE HOLDING AREA. Once again, you repeat a portion of what I said and then proceed to run off at the mouth about it.It's their job to MAKE SURE that anyone arrested has nothing illegal in their possesion. Perhaps spell check or even a high school diploma would help you to make sense in your posts. If you have other things to do, other that wait on government cheese,that line at the unemployment office must take up a lot of your day. Want to Google something? Google your MAMA !
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Posted by ( BUSHSUX ) on February 28, 2008 at 11:30 a.m.
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Posted by ( GF ) on February 28, 2008 at 11:42 a.m. ( Suggest removal )
BUSHSUX, It's their job, and you are here to tell them how to do it, aren't you? Well I'm sure that they are listening.
Unlike you, I have always been a productive member of society, you on the hand are not, which is evident in these and your other posts. You just spew government hate, and blame all your problems on Bush.
If I misspelled anything, please point it out and I will be sure not to do it again. Oh, by the way "SAYIT" is not a word, it's two.
My MAMA died a long time ago, but I'm sure yours is working to keep that roof over your head, unless she is a cheese eater too.
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Posted by ( mrjadams ) on February 28, 2008 at 11:56 a.m. ( Suggest removal )
I like cheese. Why can't people on this site ever have a debate/conversation without resorting to calling each other names and acting like their trips to the bathroom do not smell???
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Posted by ( BUSHSUX ) on February 28, 2008 at 11:57 a.m. ( Suggest removal )
GF, you're just another ditto-di-ck-head,sack-suc-king ,"I got mine, the he-ll with you Rethuglican AZZ-hole who know sh-it about nothing and anyone who disagrees with you are either on welfare or an illegal.Too bad your mama wasn't a childless person.
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Posted by ( GF ) on February 28, 2008 at 12:19 p.m.
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Posted by ( GF ) on February 28, 2008 at 12:31 p.m. ( Suggest removal )
BUSHSUX , GF stands for Go F yourself. Or in your specific case, Go Find a job.
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Posted by ( mrjadams ) on February 28, 2008 at 12:45 p.m. ( Suggest removal )
GF: You are absolutely correct. Mr. SUX did indeed "start" it, but you do not have to "finish" it. We are all adults. What is the point of debating news issues if all that will happen is name calling? I have recently been avoiding TBO for that specific reason.
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Posted by ( GF ) on February 28, 2008 at 12:53 p.m. ( Suggest removal )
mrjadams, Ok, I'll go to my room now, I don't want to screw up that new top. You do remember, right?
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Posted by ( mrjadams ) on February 28, 2008 at 1:05 p.m. ( Suggest removal )
GF: No need to go to your room. Still waiting on that check though....I just hope that Spencer's is still there by the time it gets here.
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Posted by ( GF ) on February 28, 2008 at 1:28 p.m. ( Suggest removal )
mrjadams, As you know, many of us can disagree and debate our thoughts and ideas without name calling here on TBO. But when someone rolls in spewing crap in your face, I tend to reciprocate.(Maybe I shouldn't) This and many more were good debates until BUSHSUX chimed in. His post at 8:56am is the example here.
Spencer's? Uh-oh, you're not backing out on me are you?
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Posted by ( mrjadams ) on February 28, 2008 at 1:40 p.m.
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Posted by ( BUSHSUX ) on February 28, 2008 at 1:59 p.m. ( Suggest removal )
So mradams, you feel it's ok for justasecond to defame me by calling me a convict(8:12am) and I'm not supposed to respond. And it's ok for GF(GOAT FUKKER) to tell me to "screw the PC crap" and call me mentally handicapped and not respond? I said nothing to GOAT FUKK-ER until after he posted at 9:45.Well you two seem to be some fine AZZ-hole buddies.
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Posted by ( mrjadams ) on February 28, 2008 at 2:17 p.m. ( Suggest removal )
Mr.Sux: I have said nothing to you because you did not address me until your recent post. I spoke with Bob and GF before you due to posts that were left by them that included my screen name. If you'd like to converse with me, then give me something worth while to converse about. I do not respond well to bantering and name calling. If you have noticed, you and I somewhat see eye to eye on this particular article's topic, however, the way we go about expressing it seems quite different.
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Posted by ( GF ) on February 28, 2008 at 2:40 p.m. ( Suggest removal )
mrjadams, Yes, I do remember now. A trip to Spencer's would certainly be in order. But I think I would like to see some more video on this one, especially if there was in fact a crack pipe. The portion of the video that I have seen, doesn't look any different than what I've seen them do to a roudy suspect that had been hog tied. Not quite the dump out of Marshall-Jones, and apparently quite a different demeanored suspect.
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Posted by ( mrjadams ) on February 28, 2008 at 3:05 p.m. ( Suggest removal )
GF: Yeah Spencer's! Woot and such!
I agree that this person and his case do seem quite different from what the whole world saw earlier this month. The short video clip here doesn't show us much. I does look like this gentleman was in fact being unruly and out of bounds. But that is why there are holding cells in jails and not time out chairs. He was in a confined room. He was of no harm to himself or anyone else. Crack smoker, attempted murderer, previous jail time, calling an officer's mom a dirty name...jumping on a band wagon...etc etc etc....it doesn't matter. No person bound to a wheelchair deserves to be placed onto the ground with force and left to crawl around. It is not humane GF. It is a direct violation of his Constitutional rights.
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Posted by ( frishbb ) on February 28, 2008 at 3:10 p.m. ( Suggest removal )
All of these senseless acts of brutality should of and could have been avoided if these deputies WERE TRAINED PROPERLY at HILLSBOROUGH COMMUNITY COLLEGES CORRECTIONS TRAINING ACADEMY LOCATED AT THE YBOR CITY CAMPUS. Giving away certificates of completion to anyone willing to fork over the money is WRONG. NOW WE SEE THE RESULT!!!!
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Posted by ( GF ) on February 28, 2008 at 3:26 p.m.
(This comment was removed by the site staff.)