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Man Deputy Dumped From Wheelchair Arrested Again

News Channel 8 photo by KATE CALDWELL

Brian Sterner received two traffic tickets and was arrested Thursday morning by Tampa police.

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By Josh Poltilove of The Tampa Tribune and Kate Caldwell of News Channel 8

Published: March 20, 2008

Updated: 03/20/2008 06:08 pm

TAMPA - After an attorney filed a detailed account of mental instability, a judge ordered a mental health evaluation today for Brian Sterner, who made headlines when he was dumped from a wheelchair by a detention deputy at Orient Road Jail.

The written account includes an 11-page description, written by Sterner's parents, that describes a long list of irrational acts since September.

Adding to Sterner's problems, he was arrested again this morning after being cited for knowingly driving with a suspended license about two hours before he was to appear in court.

In a document filed in court, Sterner's parents wrote that they have been seriously concerned about their son's mental and physical well-being for several months.

At 9 a.m. on Sept. 30, Sterner called his father in Maryland. Sterner's first words were: "Don't worry. I'm not suicidal," his parents wrote. In the following "circular" conversation, they wrote, Sterner cried often.

Over several days documented in his parents' chronology, Sterner said people were "out to get him." He repeatedly called police for help.

In early October, Sterner was hospitalized under the Baker Act after police came to his home and feared he might harm himself or others. His parents came to Florida to see him. A hospital nurse told them he had complained fervently about his treatment and purposely fell out of his chair throughout the day, refusing to cooperate with medical treatment.

Days later, at his house, Sterner's mother tried to feed him soup. Sterner, his parents wrote, acted "psychotic" by repeatedly banging his spoon on the bottom of the bowl repeating "Big Bird's okay," "not dead yet" and "No one's going to get hurt."

Sterner was held under the Baker Act three more times in the following months. He was abusive to doctors, police and friends, his parents said.

The detailed account of their son's actions ends saying, for 14 years after Sterner's spinal cord injury, he has been "motivated, sharp, personable and a real champion for disability issues." He completed a master's degree in philosophy at Gonzaga University and started his doctorate at the University of South Florida. His recent actions have been increasingly out of character, his parents wrote.
Both of Sterner's attorneys, John Trevena and Michael Maddux, filed requests with Judge Robert Foster to seal the mental health documents.

Today, however, Foster said he would not. Foster said American courts are presumed to be open unless there is a significant privacy issue, such as the privacy of a child.

"Who am I protecting?" Foster asked both attorneys today.

The detailed account of Sterner's mental history was released a few hours later.

Sterner's most recent arrest occurred shortly before 9 a.m. today. Sterner was driving west on Twiggs Street and made an improper left turn on Pierce Street, police spokeswoman Laura McElroy said.

"It would have caused an accident if the cars had not hit their brakes," she said.

After being pulled over, Sterner said he had done nothing illegal.

"He made a judgment call on a left turn I made," Sterner said. "That's all that happened."

An officer stopped Sterner's Mini Cooper near Jefferson and Jackson streets and began to issue him a traffic citation for violation of right of way.

Sterner told the officer his license was suspended, McElroy said.

Knowingly driving with a suspended license is a misdemeanor. The officer arrested him on that charge, McElroy said.

Sterner was released on his own recognizance, she said. He attended his 11 a.m. court hearing regarding the requested mental competency evaluation.

Also today, the judge briefly addressed an ongoing feud between Sterner and his attorneys.
Two weeks ago, Sterner told Trevena he was fired, and he attempted to hire Maddux.

Trevena, however, had already filed the request for the judge to order a mental health evaluation. He told the judge today that he is ethically bound to follow through on his request. Once the evaluation is complete, he said, he will no longer represent Sterner.

Sterner told the judge he wanted Maddux, not Trevena, to represent him in both his potential civil case against the sheriff's office and in the criminal case that put him in jail in the first place, an arrest stemming from a traffic warrant.

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 Jan. 29 to serve the warrant.

Sterner was taken to Orient Road Jail's booking room, where Detention Deputy Charlette Marshall-Jones dumped him on the ground. A criminal charge is pending against Marshall-Jones.

Reporter Mike Wells contributed to this report. Reporter Josh Poltilove can be reached at (813) 259-7691 or jpoltilove@tampatrib.com.

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