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Judge Orders Mental Eval Of Man Dumped From Wheelchair

Tribune photo by CLIFF McBRIDE

A judge ruled that Brian Sterner has to wait until after the mental evaluation to change attorneys.

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By JOSH POLTILOVE | The Tampa Tribune

Published: March 18, 2008

TAMPA - The quadriplegic man whom a detention deputy dumped from a wheelchair in January needs to be mentally evaluated, a Hillsborough County Circuit Court judge ruled this morning.

Brian Sterner, 32, was in court today for a hearing in a felony traffic case.

Judge Robert Foster said he received information Monday that called into question Sterner's mental competency. The information originated from Sterner's attorney of record, John Trevena.

Today, Foster appointed two people to evaluate Sterner. He also is considering sealing the information he received, preventing the document from being an open public record.

In addition, Foster ruled that Sterner has to wait until after the mental evaluation to change attorneys. Sterner wants Michael P. Maddux to represent him, but Foster wouldn't let Sterner speak in court about this today.

In court, Maddux said Sterner already has been evaluated by a doctor and found competent.

Following the new evaluations, a hearing will be held March 31.

Outside the courtroom, Sterner said he thinks Trevena is bitter because he wants to replace him and that what Trevena is trying to do is pathetic.

He said he is competent and would be happy to talk with more doctors, even though one forensic psychologist said he passed a competency exam.

"Mr. Trevena was too busy socializing and conversing. … He wasn't doing his job," Sterner said.

Trevena had no comment.

On Oct. 25, Tampa police ticketed Sterner, saying his car blocked an intersection, court records show.

He later was charged with a third-degree felony of fleeing to elude an officer in connection with the same incident.

In February, Trevena called the felony charge questionable. Sterner didn't try to evade, Trevena said. He made one turn and stopped, the lawyer said.

On Jan. 12, Sterner was ticketed again. The citation says he unknowingly was driving with a suspended license, Trevena said in February. Sterner wasn't arrested then because the felony warrant had not been filed.

A deputy arrived at his Riverview home on Jan. 29 to serve the warrant.

Sterner was taken to Orient Road Jail's booking room in a wheelchair owned by the jail. Detention Deputy Charlette Marshall-Jones ordered him to stand, Sterner said. He told her he couldn't.

She dumped him on the ground, and a recording of that eventually was aired by media. The video of Sterner's treatment prompted outcries from the public and an apology from Sheriff David Gee.

The incident resulted in Marshall-Jones' arrest on a felony charge of adult abuse and her resignation after 22 years with the agency.

It also led others to go to the media with allegations of being abused in jail.

With his jail system slammed by abuse accusations, Gee announced the creation of an independent review commission to study policies, practices and procedures at Orient Road Jail and Falkenburg Road Jail. The commission's second meeting is set for Friday morning.

Reporter Josh Poltilove can be reached at jpoltilove@tampatrib.com or (813) 259-7691.

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