Deputy Punished For Use Of Force

By MIKE WELLS The Tampa Tribune

Published: May 3, 2007

TAMPA - Deputy Kevin Stabins didn't believe the crying woman. He told investigators he thought she was lying to get out of a speeding ticket and that his actions in arresting her were "fine."

His dashboard camera showed otherwise.

It showed the Hillsborough County deputy yanking a sobbing Melissa J. Langston out of a car in a hospital parking lot Nov. 1 and using his elbow to shove her over the trunk to handcuff her.

Langston, 37, sobbed and pleaded with the deputy that her father had suffered a heart attack and that she was trying to find him.

"And I told you not to go anywhere, didn't I?" Stabins said. "Now you're not going to see him because you're going to jail. Not smart. Not smart. Have a seat, you're under arrest."

Officials said Stabins' lack of compassion and use of "excessive and unnecessary" force in the arrest Nov. 1 brought him a five-day suspension without pay. The recommendation came after a recent Hillsborough County Sheriff's Office disciplinary hearing.

All charges against Langston were dropped.

Stabins, 29, is a good deputy who "used poor judgment in that situation," Sheriff David Gee said Wednesday.

"I understand that it's difficult when you get out there," Gee said. "I give deputies the ability to use discretion [in making arrests]. He didn't use that here."

Clocked Doing 63 In A 35 mph Zone

Stabins had tracked Langston traveling 63 mph in a 35 mph zone. He turned on his cruiser's flashing lights and sirens as she neared University Community Hospital, and the distraction caused her to miss two entrances, officials said.

The video shows Stabins walking up to Langston's car, and her saying she was looking for the emergency room entrance.

Stabins made no attempt to verify the woman's story about her father's heart attack and asked for her ID. Langston asked if Stabins could issue her the ticket in the emergency room, but Stabins returned to his patrol car to write the citation.

According to the investigation documents, Langston remained in her car for several minutes and spoke on a cell phone to her sister about searching for their father, who had driven himself to the hospital when he began to suffer chest pains.

Panicked over not knowing if her father made it to the hospital safely, Langston yelled to Stabins that she was going to pull her car forward to see if her father's vehicle was in the lot.

Stabins told officials that he did not hear her and assumed Langston was trying to get away. He later told investigators he thought she was lying about her father to get out of the ticket.

The video shows a short pursuit through the lot before both cars stopped again. Stabins quickly got out and scolded Langston as he forced her out of her car. Its transmission was in drive and Langston was still wearing a seat belt when the deputy began pulling her arm.

"That was not smart," he said. "Put it in park. Put it in park. Put it in park. Out of the car. Put your hands behind your back. Now you're going to jail. That was not smart."

As part of the investigation, Capt. Robert Spooner viewed the tape and sent an assessment to Gee in a memorandum March 15:

"The events that followed the initial traffic stop could have been avoided if Deputy Stabins had showed some compassion, obtained Mrs. Langston's driver's license and followed her to the emergency room to verify, or prove false, her story," Spooner wrote. "But there is no policy or rule and regulation to exercise compassion."

During the investigation, detectives asked Stabins under oath if he ever considered using a less forceful tactic on Langston.

"I didn't do a take down," he said. "I didn't throw up any punches or strikes. I just used" a police hold, "put her up against the vehicle and handcuffed her and it was over."

"OK, but could you think of any possible way to get her out of the car other than that?" asked Detective Bruce Crumpler.

"I could have taken her down at gunpoint for a felony," Stabins said.

Langston never disputed she had been speeding or that when she drove away from the traffic stop she committed felony fleeing to elude, which set into motion the pursuit, Spooner wrote.

When Langston's sister arrived at the scene, Stabins refused to release the vehicle to her and had it impounded. That decision was unnecessary given the circumstances, Spooner wrote.

Stabins Expresses Remorse

Officials said Stabins later expressed remorse over his actions and did not appeal his suspension.

Gee said Stabins has a good record as a deputy.

"I think he understands that he was wrong and could have handled it better," the sheriff said. "On both sides, really, it could have been done better.

"In this case, an officer used poor judgment. He's been a good guy and has a lot of positive comments in his file from supervisors. I think this is something that can be corrected and he'll never do it again."

Efforts to reach Langston and Stabins for comment were unsuccessful.

Langston's father, Bill Johnston, has since been released from the hospital. Wednesday, he called his daughter's arrest "horrible" and said it is still extremely upsetting to him.

Other Cases Resolved

The same hearing board that decided Stabins' case also resolved the following disciplinary cases:

•Deputy Melvin Jones, 40, was suspended for five days and transferred from an assignment as a school resource deputy to a patrol position because he repeatedly neglected his duties while pursuing a relationship with a middle school teacher..

•Detention Deputy Nora Gupton, 37, was terminated for having an inappropriate relationship with an inmate. She was accused of untruthfulness and associating with criminals. The deputy talked often with the inmate on the phone and in person while she was on duty. She denied to investigators it had become a sexual relationship, but letters she sent to the inmate indicated otherwise.

•Detention Deputy Jeffrey James received a six-day suspension after a prisoner temporarily escaped custody at Tampa General Hospital. The inmate was there for a medical procedure. After a few hours of undergoing the procedure, he asked James for permission to use a restroom. During a second visit to the restroom, the inmate slipped out through a side door. James didn't follow agency procedure to shackle the inmate's legs during either time. The inmate was caught.

•Sheriff's training specialist Carolyn Shepherd, 50, was suspended for three days and given other duties after investigators determined she neglected to verify college transcripts of deputies who claimed to have degrees. Her failure resulted in two deputies receiving a total of $3,270 in educational incentive pay they were not entitled to.

To see a video of the arrest, go to TBO.COM, Keywords: excessive force.

Reporter Mike Wells can be reached at (813) 657-4534 or mwells@tampatrib.com. Reporter Mike Wells can be reached at (813) 657-4534 or mwells@tampatrib.com.