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2 DUI arrestees allege excessive force at Hillsborough jail

Image from the Hillsborough County Sheriff's Office

Wanda Sullivan, 49, of Brandon, claims she was injured May 27, 2008.

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By JOSH POLTILOVE | The Tampa Tribune

Published: October 7, 2009

TAMPA - Two people have filed notices of intent to sue the Hillsborough County Sheriff's Office, alleging deputies used excessive force in separate jail incidents.

Both say they were injured at Orient Road Jail's central breath testing area after their arrests on charges of driving under the influence.

Wanda Sullivan, 49, of Brandon, claims she was injured May 27, 2008. According to the notice of intent, Sullivan fell unconscious while waiting for investigators to administer a breath test and Deputy Carolyn Jolly "jerked Ms. Sullivan from her chair and dragged her across the floor," injuring Sullivan's head.

Michael A. Markell, 25, of Tampa, claims he was injured Oct. 11. According to his notice of intent, Deputy Shawn Morrey "choked Mr. Markell and caused injury to his throat and neck" while Markell was taking a breath test.

Sullivan and Markell are represented by the same law firm, Carlson, Meissner, Hart & Hayslett. The attorneys who filed the notices of intent could not immediately be reached for comment.

The sheriff's office says the deputies did nothing wrong and today provided reporters with copies of video recordings of the two incidents.

Col. Jim Previtera said Sullivan was faking unconsciousness to avoid the breath test. He said Jolly led Sullivan from the testing area to a nearby area for those who won't comply, and that Jolly believed Sullivan would stop feigning while being dragged.

After Sullivan was dragged, she was able to stand on her own, according to a sheriff's office report.

In the other incident, Previtera said Morrey spent 11 minutes trying to get Markell to take the breath test properly before touching Markell's face to get him to hold still.

Morrey didn't choke Markell, Previtera said.

Previtera believes information about the incidents initially came from a DUI consulting company that has requested many hours of video from the breath testing area, which processed almost 6,000 DUI cases in 2008. One request this year by DUI undo Consultants of New Port Richey required the sheriff's office to produce 37 DVDs.

Such requests appear to be "an exploitation of the system," Previtera said.

But Stephen F. Daniels of DUI undo said he doesn't look for incidents to farm out to defense lawyers, but rather is trying to ensure investigators comply with breath testing rules.

"There's serious deficiencies in our breath testing program," Daniels said.

Sheriff's office attorney Mike Perotti said it appears as if the consultant pored over 16 months worth of video searching for "a pot of gold."

Previtera said the sheriff's office is "not going to be bullied or intimidated" by lawyers.

Reporter Josh Poltilove can be reached at (813) 259-7691.

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