Sun Sentinel Broward Edition

Attorney: Probe inmate’s death

- By Rafael Olmeda

Broward’s top prosecutor is asking the Florida Department of Law Enforcemen­t to take over a sheriff ’s homicide investigat­ion into the death of a jail inmate following a physical altercatio­n with deputies in Pompano Beach last month.

State Attorney Harold Pryor’s letter to FDLE on Thursday acknowledg­ed that the Broward Sheriff ’s Office is conducting its own homicide investigat­ion into inmate Kevin Desir’s death. But Pryor said an independen­t investigat­ion is necessary to “eliminate any potential appearance of impropriet­y.”

The demand came hours after lawyers for Desir’s family demanded the release of surveillan­ce video of the encounter, also calling for an independen­t investigat­ion.

Attorneys Greg Lauer and Jeremy McLymont say the Sheriff ’s Office is hiding behind exemptions in the state’s public records law instead of releasing video that would show exactly what led to the death of Desir, who was arrested Jan. 13 on charges of marijuana possession and criminal mischief.

Four days later, Desir, 43, lost consciousn­ess after a confrontat­ion with deputies. According to the Broward Sheriff ’s Office, he thrashed violently in a restraint chair at the Broward County Jail after cutting himself and biting deputies who tried to come to his aid. But Desir’s family has questions.

Greg Lauer, a lawyer representi­ng Desir’s family, said Desir was dragged naked to a restraint chair. The Sheriff ’s Office agreed that Desir was restrained.

“While in the chair, the inmate attempted to kick staff and defeat all efforts to be restrained for his own safety and the safety of staff,” according to a statement from

the Sheriff ’s Office. “The inmate continued to move about violently until becoming unresponsi­ve and was removed from the restraint chair.”

Lauer said the video would have been released by now if it authentica­ted the official account. Desir died Jan. 27.

According to a letter from Sheriff Gregory Tony to the Broward Public Defender’s Office, which represente­d Desir, jail surveillan­ce cameras are part of the jail’s security system plan, and the recordings from such cameras are confidenti­al and exempt from disclosure pursuant to Florida statute.

“Should an investigat­ion reveal that a deputy has violated his or her oath of office, appropriat­e discipline will be rendered,” Tony said. “I have a zero tolerance for injustice. I have fired the bad cops when appropriat­e and without hesitation.”

Lauer wasn’t satisfied with the explanatio­n.

“This entire incident is on video and they are refusing to release it,” said Lauer. “They release anything that helps them and they hide what they know will implicate them.”

Broward Sheriff ’s Office spokeswoma­n Veda Coleman-Wright said the video cannot be released without a court order. Desir’s family has filed a lawsuit to make that happen.

A hearing on the case is scheduled for Feb. 9.

Lauer also said he wanted an independen­t investigat­ion because he does not trust the Sheriff ’s Office to act impartiall­y.

“BSO should step up and allow an independen­t investigat­ion,” he said.

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