Attorney: Probe inmate’s death
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.