He was ar­rested

Orlando Sentinel - - FRONT PAGE - Staff Writer By David Har­ris

af­ter po­lice of­fi­cers saw flakes of glaze from a dough­nut and thought it was meth. Now, Or­lando has paid Daniel Rush­ing $37,500, but he says he still can’t get a job be­cause his record hasn’t been ex­punged.

The City of Or­lando paid $37,500 to a man to set­tle a law­suit af­ter po­lice of­fi­cers ar­rested him for what they thought was meth but was ac­tu­ally flakes of glaze from a Krispy Kreme dough­nut.

Daniel Rush­ing sued the city af­ter a field test in­cor­rectly showed he had drugs and he was ar­rested and taken to jail.

He re­ceived the check in the mail last week, he said. Rush­ing said he was pleased with the out­come and hopes he can get his record ex­punged. He said he’s been try­ing to start a se­cu­rity busi­ness, but to no avail.

“I haven’t been able to work,” Rush­ing said. “Peo­ple go on­line and see that you’ve been ar­rested.”

The city de­clined to com­ment on the case Thurs­day.

Or­lando po­lice of­fi­cers pulled him over in 2015 af­ter po­lice say he failed to come to a full stop be­fore pulling out of a 7-Eleven store on West Colo­nial Drive. Po­lice had been watch­ing the store be­cause of com­plaints about drug ac­tiv­ity, ac­cord­ing to an in­ter­nal af­fairs re­port. Cpl. Shelby Riggs-Hop­kins wrote in an ar­rest re­port that she saw “a rock-like sub­stance on the floor board where his feet were.”

She did a se­ries of road­side tests; they came back pos­i­tive for an il­le­gal sub­stance.

Of­fi­cers said it was meth and took Rush­ing to jail on a pos­ses­sion of metham­phetamine with a firearm charge where he spent 10 hours be­fore post­ing $2,500 bond.

An­other test, this time per­formed by the Flor­ida Depart­ment of Law En­force­ment, de­ter­mined it was sugar from the dough­nut.

Or­lando po­lice ended up train­ing more than 730 of­fi­cers on how to prop­erly use the field test kits.

Riggs-Hop­kins was given a writ­ten rep­ri­mand for mak­ing an im­proper ar­rest.

Rush­ing, 65, said the ar­rest made him feel like a crim­i­nal.

“I couldn’t be­lieve it,” he said. “I’ve never even smoked a cig­a­rette be­fore, let alone meth.”

dhar­ris@or­lan­dosen­tinel.com or 407-420-5471

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