Deputy deserves praise for forceful arrest, his lawyer says
A Broward deputy whose takedown of a belligerent suspect in 2014 left the man with multiple fractures on his face should have been praised for his restraint, not prosecuted for using excessive force, his lawyer argued in court Wednesday.
Justin Lambert, 38, faces a maximum of five years in prison if convicted of battery in a case that stems from the February 2014 arrest of David Gonzalez, 55, a Pompano Beach man who had been accused of stealing beer from a gas station in nearby Deerfield Beach. The arrest left Gonzalez with a large, swollen black eye and, according to testimony, several facial fractures.
Charges were brought against Lambert and fellow deputy Michael Manresa, who was accused of falsifying his report about the incident, which was captured on surveillance video.
Arguing to dismiss the case at its halfway point, defense lawyer Eric Schwartzreich said Lambert’s arrest of Gonzalez could have been far more violent than it was. Lambert had a gun, a baton, nunchucks and other items that he could have used or threatened to use when arresting Gonzalez, the attorney said.
“Deputy Lambert was executing a lawful duty,” Schwartzreich said. “What’s interesting here is the amount of restraint that he used.”
On the stand, Gonzalez admitted he was drunk and had used cocaine not long before the incident. He agreed that he was abrasive with the deputies and, as the video showed, he was taking a step toward Lambert before the confrontation became physical. “I was defending myself with words,” he said.
“You were cursing at them like a drunken sailor, correct?” Schwartzreich asked. “Correct,” he said.
The defense has argued that Gonzalez’s demeanor, his possession of a knife and his physical movements justified Lambert’s response.
The judge agreed with prosecutor Rayna Karadbil’s argument that enough evidence was presented to justify sending the case to the jury, prompting the defense to begin presenting its case.
Joe Hess, an expert on the use of force, testified that Lambert’s actions were by the book. Lambert is expected to take the stand when the trial resumes Monday.
Manresa will be tried separately at a later date. Gonzalez has a civil case against the Broward Sheriff ’s Office that is on hold at least until the criminal cases are resolved.