TBO.com - TBO is Tampa Bay Online

Highlands Today

Sheriff's Office: Force Justified In Tasering 'Blind' Man

ADVERTISEMENT

By JOE SEELIG

Highlands Today

Published: August 22, 2008

DESOTO CITY - The use of taser, pepper spray and physical force to detain and subdue a suspect who the arresting deputy later learned was legally blind was justified, according to a Highlands County Sheriff's Office administrative review.

On May 12, the sheriff's dispatch received a 911 call from a man who reported there was a man standing in the middle of the road in the area of County Road 17 South near Pioneer Road, swinging a "great big stick" at passing vehicles.

Deputy Justin Clemmons was dispatched to the call. When he arrived on scene, a man was walking along the roadside with a stick. Clemmons stopped him to interview and find out what was going on.

Jermine Holland, 29, of Sebring, refused to cooperate with Clemmons and was arrested when he tried to get into his home. Clemmons reported he was concerned the man could arm himself inside.

Holland was bigger than Clemmons and was carrying the stick which has been described as more like a club. Holland refused to drop the stick and stop and talk.

The stick was 3 feet long, a little more than an inch in diameter, brown in color with carved markings. It was not painted white with a red tip as a blind person might use.

Clemmons ended up having to taser Holland, then pepper spray his face and put him in an arm bar hold to get him to stop resisting, as Holland tried to enter a house.

Sheriff's Lt. Gus Garcia reported in his administrative review of the arrest that the 911 call they received referenced to a "crazy guy" "who was either drunk or on drugs or mentally ill, the caller said, but that information was not conveyed to Clemmons.

The dispatcher reportedly told Clemmons only that there was a man with a stick swinging it at passing motorists. At least two deputies would have been sent if more information had been given.

Sheriff's Maj. Mark Schrader recommended additional training for the dispatcher to reiterate the importance of advising over the air all critical known information, anything important that could possibly affect officer safety.
Schrader also agreed with Garcia that Clemmons' report lacked important information, "which would have been helpful in clarifying some of the issues of this incident.

"Though the deputy did not have probable cause for arrest, he articulated to himself that he had reasonable suspicion the subject may have committed a crime (standing in the roadway swinging a stick at motorists). So, at the time he was handling this incident, his decision to conduct an investigative stop was based on circumstances, which should have been listed in his offense report."

The fact that Holland may be blind or partially blind appears to have played no part in how Clemmons responded, said Schrader.

Clemmons did interview the 911 caller, who told him he had saw cars driving off the road to avoid Holland and that he pointed his car toward Holland at which time he jumped out of the road to avoid him. He pulled over and watched Holland a while.

"He's not blind, I promise you that," the caller reportedly told Clemmons.

Clemmons asked the caller if he thought Holland knew what he was doing and where he was going.

"Absolutely, he jumped out of the way of my car," the caller said. "And the next car that came by was old people, he jumped out in front of them. Then the next one that came by was a pickup truck with two big white guys in it, he let them go by."

The caller said he drove home to call 911 because he couldn't get a cell phone signal.

While the charges against Holland were dropped on May 14 by the sheriff's office, and no billed by the state attorney's office, Sheriff's General Counsel Mike Durham said Thursday to his knowledge no new charges were planned.

"I'm not aware of anyone re-filing," he said. "We know the sheriff's office is not moving forward with this."

There were circumstances involving HIPAA medical privacy laws that no one there was at liberty to discuss, according to officials.

Joe Seelig can be reached at (863) 386-5834 or jseelig@highlandstoday.com .

Loading Comments...

Email Print

ADVERTISEMENT