Video Prompts Calls For Penalties

By JOSH POLTILOVE and MIKE WELLS The Tampa Tribune

Published: Feb 15, 2008

TAMPA - Spurred by outrage over the videotaped dumping of a quadriplegic man from a wheelchair by a deputy, state and federal officials are being called to take action.

But it will be a while before any legal sanctions could be taken. The Hillsborough County Sheriff's Office first must complete its investigation.

On Jan. 29, video cameras in the Orient Road Jail booking room recorded Detention Deputy Charlette Marshall-Jones, 44, raising the back of a wheelchair and sending Brian Sterner tumbling to the floor. Sterner, 32, of Riverview, was taken to the jail on a warrant stemming from a traffic violation.

Florida Attorney General Bill McCollum is asking his Office of Civil Rights to immediately review the video.

"I have viewed the video of Mr. Sterner's treatment and I am appalled by the situation which so clearly unfolded in these images," McCollum said in a written statement.

The attorney general's office has communicated with Sheriff David Gee and has been assured of his full support and cooperation, McCollum says.

A sheriff's detective has been assigned to conduct a criminal investigation of the case, sheriff's spokeswoman Debbie Carter said.

A separate internal affairs investigation is reviewing the actions of Marshall-Jones and three of her supervisors: Cpl. Steve Dickey, Cpl. Decondra Williams and Sgt. Gary Hinson.

Marshall-Jones was suspended without pay, and the supervisors were suspended with pay.

"Because this deals with a disability issue, we think it's worth reviewing as a civil rights matter," said Joe Jacquot, deputy attorney general. "But I'm not sure what we might find or how long this will take."

The attorney general's office showed the video to McCollum as soon as it learned of the video's existence. McCollum's jaw dropped, and he was taken aback after watching it, Jacquot said.

"One of the questions is going to be, 'Is this normal?'" Jacquot said. "Is this something that has happened before? He's wondering if there's training."

A Slap In The Face

On Thursday, J. Willie David III, president of the Florida Civil Rights Association, called on U.S. Attorney General Michael B. Mukasey to order an immediate investigation by the U.S. Department of Justice.

"Forcing any quadriplegic from a wheelchair is certainly inhumane and inexcusable," David said.

To suspend a deputy without pay and place others on administrative leave pending investigation is a slap in the face to the disabled community, he said.

"The actions of these deputies in the mistreatment of Brian Sterner are deplorable, and the sheriff's office should fire and criminally charge these deputies," David said.

On Wednesday, Gov. Charlie Crist said he found the incident "terribly disturbing" and wondered whether it might be a civil rights issue.

"We're looking into it," he said.

Having inmates in wheelchairs is nothing new to the Hillsborough jail system, sheriff's officials said.

Deputies processed about 72,000 inmates at the Orient Road booking center in 2007. At least 230 were in wheelchairs, officials said.

Jails Equipped For The Disabled

Thirty-one current inmates are in wheelchairs, Col. David Parrish said. He declined to release the names of those inmates, explaining that to do so would violate medical privacy laws.

Parrish has been chief administrator of the sheriff's office's jail division since 1982.

Orient Road Jail was designed in the 1980s and opened in 1990, he said. Some of the housing units there were retrofitted to comply with requirements of the Americans With Disabilities Act. The changes included installation of chairlifts in some of the showers.

Falkenburg Road Jail opened in 1998 and was built to meet ADA requirements, Parrish said.

"Either jail is equipped to handle such people," he said. "Falkenburg is more universally accessible because it's all on one level."

Most inmates in wheelchairs are housed together in a pod at Falkenburg, he said.

"I walked into one pod one day and counted 24 inmates in wheelchairs," Parrish said.

Deputy, Supervisors' Records Good

A review of the personnel files of Marshall-Jones and the three supervisors turned up mostly positive performance evaluations and dozens of commendation letters.

Marshall-Jones was suspended twice before without pay, according to her personnel record. In 1988, she improperly conducted an inmate head count and was suspended for six days. Two years later, she was suspended for one day for failing to complete a fire safety and sanitation inspection.

Her last evaluation was written by Hinson two weeks before the wheelchair incident.

In it, the sergeant says Marshall-Jones is an outstanding employee who handles inmates well.

Maj. Robert Lucas, who commands the Orient Road Jail, included this comment in the same review: "Deputy Marshall-Jones knows her job and does it well. [She is] a quality employee in every regard."

Hinson has a perfect attendance record but was suspended for one day in 2003 when Parrish found a container of tobacco spit on Hinson's desk, according to records. Tobacco use is prohibited in the jail.

Dickey's most recent evaluation was done in December. In 25 years with the sheriff's office, the corporal's performance reviews consistently describe him as an outstanding supervisor and officer.

He has come under scrutiny in recent months for efforts as president of the Hillsborough detention deputies' chapter of the West Florida Police Benevolent Association, the union that represents deputies.

An internal investigation was launched based on a complaint that he made disparaging remarks about the sheriff's office as a union member.

Lucas noted the investigation in a comment he wrote in Dickey's most recent evaluation and included this criticism: "His priorities have shifted from the sheriff's office to serving in his capacity of PBA chapter president."

The only disciplinary action in Dickey's file was a letter of reprimand written in 1988 for failing to see that deputies under his charge complied with head-count procedures, according to his records.

Williams' folder lists no disciplinary action.

It does, however, contain a 1995 letter from the Florida Department of Law Enforcement's Division of Criminal Justice Standards and Training Commission. The letter states that Williams violated one or two sections of Florida Statute 943.13, but it does not specify the violation. These sections concern making false statements or perjury, receiving a dishonorable discharge from the military and being of good moral character.

The commission took no action against her but suggested Williams seek training, rehabilitation or counseling and "become the professional officer we believe you are capable of being."

From the comments in her performance reviews, it appears she became a model employee. In a 2000 review, a supervisor wrote that Williams was "one of the unit's best deputies."

News Channel 8 reporter Krista Klaus and Tribune reporter Mike Wells contributed to this report. Reporter Josh Poltilove can be reached at (813) 259-7691 or jpoltilove@tampatrib.com.