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Highlands Today

Deputy Tasers, Pepper Sprays 'Blind' Man

ARRESTED FOR RESISTING, BUT CHARGES DROPPED

Jermine Holland

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By Joe  Seelig | Highlands Today

Published: May 23, 2008

SEBRING — The Highlands County Sheriff's Office is looking into the arrest of a blind Sebring man who was stopped by a sheriff's deputy, disarmed of his walking stick then Tasered twice and pepper sprayed for not listening while walking along County Road 17 South toward his home.

Sheriff's General Counsel Mike Durham said Friday that the sheriff's Internal Affairs Lt. Gus Garcia has been made aware of the incident and the matter has been "entered into the I.A. system."

"It needs a further review," Durham said, into use of force as well as the detention of Holland.
An administrative review of the situation has been ordered. During the course of the administrative review, it could be determined that an internal investigation could be requested by Garcia into the deputy's actions.

The internal investigation would be subject to approval by Sheriff Susan Benton, Durham said.
Durham was unsure of the level of blindness that Holland is diagnosed. However, a medical screening was done and those records are protected under privacy laws.

At 3:05 p.m. on May 12, Deputy Justin Clemmons responded to a suspicious person complaint of a man walking along C.R. 17 South swinging a stick at cars, when he saw a black male matching the description given, carrying a stick.

Clemmons identified himself as a sheriff's deputy and ordered the man to stop, but he kept on walking, he wrote in his report. The man walked to the doorstep of his residence and was ordered once again to stop and to drop the stick.

Jermine Holland, 29, who lives along County Road 17 S., in Sebring, told the deputy he was going home to use the toilet. He kept heading toward the door of the residence.

"I gave one last order for Holland to drop the stick and get off the door steps, at which time he refused," Clemmons wrote. "I then gained control of the stick which was in his hand and discarded it in the yard.

"At that time I deployed my electronic control device (Taser/ECD). Holland reacted to the deployment, but did not fall to the ground.

"Holland kept screaming 'Why are you doing this to me,'" the report stated.

A second cycle was administered, but had no effect, the report stated.

It appeared at least one of the prongs had come loose between the first and second deployment of the Taser.

Holland was pulled down off the stairs at which time I attempted to take him to the ground using an arm bar, Clemmons wrote.

"The arm bar was unsuccessful, therefore I deployed my O.C. Spray (pepper spray), spraying him on the facial region," Clemmons wrote.

Holland reacted to the spray and was handcuffed by Clemmons. He was then arrested and charged with resisting a law enforcement officer.

The walking stick was not painted white, nor did it have a red tip, Clemmons noted, indicating that at some point he realized Holland may have discussed his impaired vision.

Durham said from discussions he's had with staff, Holland is blind in one eye and sees shadows with the other.

Sheriff's Maj. Mark Schrader said any time a Taser is deployed that case is reviewed.

"I read the report, I had some concerns on probable cause for arrest and I came down to get an opinion from Mike," Schrader said Friday. "The decision was made to sit down with (Assistant State's Attorney) Steve Houchin."

Durham and Schrader went to the statesattorney's office, reviewed the case with Houchin and a decision was made that the charge would be "no billed," or dropped.

"It was a mutual decision made between the sheriff's office and the state's attorney," Schrader said. "The facts and evidence will not support prosecution."

"We looked at it and said, 'hey what's the right thing to do here,'" Durham said.
Holland was released on May 14. Detention Major David Paeplow saw to the transportation of Holland to his home from the jail, Durham said.

"You can't very well let a blind man walk home from the jail," he said.

During his stay at the jail, Holland was housed apart from the general population, Durham said, after speaking on the telephone with Detention Capt. Bobby Green.

Thus far the sheriff's office has no record of Holland filing a complaint over the arrest, Durham said.

The walking stick is being held as potential evidence for 60 days from the time the case was no-billed.
If during the administrative review it is discovered that there was probable cause to arrest Holland, it is possible it could be re-filed, Durham said.

Clemmons has been with the sheriff's office since July of 2005, according to sheriff's personnel records.

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