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Ex-Deputy In Wheelchair Case Gets An Out On Charge

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Detention deputy Charlette Marshall-Jones resigned after the release of a videotape showing her dumping Brian Sterner from his wheelchair.

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Published: June 30, 2008

Updated: 06/30/2008 03:11 pm

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By THOMAS W. KRAUSE

The Tampa Tribune

TAMPA The silent video quickly spread across the Internet: A female jail deputy steps behind a man's wheelchair, dumps him to the floor and begins to search him as other deputies look on.

Then came talk of a lawsuit – and a felony charge against the deputy, Charlette Marshall-Jones, 45.

On Monday, at the urging of the quadriplegic man, Marshall-Jones was allowed to enter a pretrial diversion program. If she completes terms of the agreement, the charge will be dropped.

Abusing the disabled is punishable by up to five years in state prison.

Michael Maddux, an attorney representing the victim, said Brian Sterner recognized Marshall-Jones had done a lot in her 22-year career. Sterner is not a vindictive person and is fair-minded, Maddux said. As part of the deal, Marshall-Jones must complete 100 hours of community service.

"He wants her to have greater awareness," Maddux said. "She will actually have a greater appreciation of what the disabled face on a daily basis."

Marshall-Jones, who resigned after the incident, has also agreed to forfeit her law enforcement certification and never work as a jail deputy in Florida again.

Maddux said Sterner, 32, will not be speaking with the media, in part because of a potential lawsuit.

In March, Maddux sent a letter to the Hillsborough County Sheriff's Office stating his intention to sue. Anyone who wants to sue a state office must first put that intention in writing and wait six months. The time gap is intended to aid negotiation for possible out-of-court settlements.

Maddux said he and sheriff's office lawyers have been talking but declined to offer specifics.

Assistant State Attorney Pam Bondi said Marshall-Jones faced a serious charge and prosecutors were ready to go to trial. Sterner, she said, is the one who initiated the idea of a pretrial intervention program.

"His only request was that she perform her community-service hours with the disabled," Bondi said.

Pretrial intervention programs are fairly common for first-time offenders when the victim agrees to the terms.

Marshall-Jones' attorney, Norman Cannella Sr., said the former deputy will not make any statements to the media and, as far as she is concerned, this incident is over.

"She's happy that this matter is concluded and happy to move on with her life," Cannella said.

Sterner is paralyzed from the chest down. On Jan. 29, he was arrested on a traffic-related warrant and brought to Orient Road Jail. While he was searched by Marshall-Jones, a surveillance camera recorded her grabbing the back of the wheelchair and dumping him to the floor.

A month after Sterner's complaint went public, along with a string of subsequent abuse allegations, Sheriff David Gee created an independent review commission to examine the inner workings of Hillsborough County's jail system.

A preliminary report from the review commission, released in May, offered some suggestions to tweak jail policy. The final report is due Sept. 1.

Editor's note: An earlier version of this story said Charlette Marshall-Jones would perform her community service at a Tampa General Hospital. Her attorney now says details have not yet been worked out with the hospital's administrators.

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

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