Video leads to deputy charges
Arrestee was struck during 2014 incident
Two Broward Sheriff ’s deputies are being charged by the State Attorney’s Office with misdemeanor offenses after video captured an arrestee being struck and thrown to the ground, and the lawmen’s boss says he “fully supports” the prosecutor.
Deputy Michael Manresa, 30, received a summons to appear in court in June for the misdemeanor charge of falsifying records. Deputy Justin Lambert, 34, was notified he faces that charge as well as one of battery, also a misdemeanor offense.
Late Thursday, the State Attorney’s Office said that its special prosecutions unit is going to re-review evidence as part of its ongoing investigation in the case.
The incident that led to criminal charges against the deputies happened Feb. 18, 2014, at a Texaco gas station at 4517 N. Dixie Highway in Deerfield Beach. The station’s manager said a man later identified as David Gon-
zalez, 51, stole candy and beer and he wanted deputies to warn him against trespassing, the deputies’ reports said.
Gonzalez was using a crutch, carrying an empty beer can and smelling of alcohol, the deputies said. He was belligerent and swore and lunged while raising his hand, according to the deputies’ reports. Gonzalez was arrested on suspicion of two counts of resisting an officer without violence.
A video released in May 2014 showed Gonzalez being struck before he was thrown to the pavement and handcuffed. He was taken to a hospital for treatment of injuries that his attorney said included broken bones around his eye.
“I saw the video, like the rest of the county,” Broward Sheriff Scott Israel said Thursday. “The State Attorney’s Office made a decision to charge them criminally with misdemeanors, and I fully support the state attorney’s decision.”
Eleven weeks after Gonzalez’s arrest and a week after release of the video footage, the State Attorney’s Office declined to prosecute him. Manresa and Lambert were assigned to desk duties and stripped of law enforcement powers.
On April 27, the Sheriff’s Office suspended the depu- ties with pay as part of an internal affairs investigation.
“Now they’ll sit at home,” Israel said.
The allegations cited by BSO for Manresa’s change in job status were falsifying records and not meeting agency standards. Lambert’s notice included those allegations as well as use of force and simple battery.
Michael Glasser and Eric Rudenberg represent Gonzalez, an air conditioning technician who in January filed a federal civil rights lawsuit against the deputies and the Sheriff’s Office.
It makes claims of battery, malicious prosecution, emotional distress, false arrest and imprisonment and excessive force against the deputies and said the sheriff failed to adequately supervise them. In response, lawyers for the Sheriff’s Office denied nearly all of the allegations in the complaint. The parties are scheduled to meet in October with a mediator.
Gonzalez has undergone dental repair and needs surgery to fix his eye socket. Vision in his left eye is affected and he has pain in his neck as well as in his sinus area, where bones were broken, said Glasser.
Though Gonzalez is unable to work, “He’s doing the best he can,” Glasser said.
Gonzalez’s court filing says that on the night of his arrest, he denied to the deputies that he stole anything and was punched in the face or neck and knocked unconscious when he landed on the ground. It was three minutes before paramedics were called, and he was kicked and rolled while not conscious, according to the complaint.
Gonzalez is also alleging that he suffered humiliation from public scandal as well as emotional injury and damaged reputation.
His lawyer says the case should have been charged as a felony or aggravated battery, “based on the conduct and the severity of the injuries.
“The state attorney always has tough decisions in a lot of cases and I understand they are the ones entrusted to make the very difficult, discretionary decisions they make,” Glasser said. “But I can say with 100 percent certainty that if this were you or me, we would unequivocally and undeniably be charged with a felony right now.”
Lambert was one of several defendants in two federal civil lawsuits filed by guests at a 2009 Dania Beach house party where deputies responded to a noise complaint. A settlement and jury verdict settled those wrongful arrest claims for about $600,000 combined, according to Gonzalez’s complaint.
Lambert was hired in 2001, Manresa joined the agency in 2008 and both formerly patrolled in Deer- field Beach. When they were suspended they had to surrender their agency identification, badges and patrol cars.
Manresa’s lawyer said the video from the gas station has not been seen in full.
“I don’t see the video as a problem at all. The entire video will have to be shown,” said attorney Tony Alfero. “I’m disappointed they charged them.”
Lambert’s lawyer, Rhea Grossman, declined to comment.
Israel defended the performance of Broward Sheriff’s deputies.
“I just want the public to understand that not more than a week ago, I personally honored over 100 people, including deputies, for heroism and dedication to duty and compassion and doing the right things,” Israel said. “Ninety-nine percent of this profession gravitates to doing the right thing, to protect and serve. We are not perfect and have things like this happen and we have to deal with it.”
As for Manresa and Lambert, Israel said, “I suspended them and our professional standards personnel will continue to monitor the criminal cases. Our internal affairs investigation is open but will be stagnant until after the criminal cases are finished.”