Sun Sentinel Palm Beach Edition
Officer battles charges
He was involved in parking space dispute with disabled veteran
Riviera Beach Police Sgt. Garry Wilson was thirsty. So on that Sunday morning last August he drove to Walgreens for a drink while staying on the lookout for a shooting suspect.
While Wilson sat in his patrol car outside the store, disabled U.S. Army veteran Isiah James parked his Dodge Magnum in a handicapped space and the 29-year-old city resident walked inside with his dad to buy liquor.
A heated confrontation over James’ right to park in the designated spot resulted in criminal charges against Wilson, and a trial that began Tuesday in a Palm Beach County courtroom.
Prosecutor Marci Rex told the jury Wilson “lost his temper” and smacked James’ iPhone out of his hand while an upset James recorded a video of the dispute over the parking spot.
Wilson, 48, is charged with misdemeanor battery and criminal mischief, crimes punishable by up to one year and 60 days in jail based on convictions.
Defense attorney Scott Richardson said his client didn’t break the law or intend any harm during the Aug. 9 episode, and “was just trying to get the phone out of his face.”
The attorney accused James of “looking at a payday” by provoking the sergeant with his profane language and decision to record a video of the encounter. Wilson decided to approach James over the parking spot because “there is no visible disability whatsoever,” Richardson said.
“Boy is Mr. James hot,” Richardson said. “He is cursing, he’s obnoxious. He’s belligerent. He’s disrespectful.”
When questioned by the attorney later, James said he hasn’t decided whether to file a civil lawsuit against Wilson and the city. Wilson remains employed by the police department, currently serving on an administrative assignment.
“I’m waiting to get justice in this case,” James testified, explaining he was “minding my own business” when the officer walked into the Walgreens and challenged him over his authority to use the special parking space.
The 6-foot-7, 300-pound James said he handed over two identification cards to Wilson, who began to run checks. James also had a legal handicapped parking placard hanging in his car.
James served as a combat soldier for more than eight years, completing tours of duty in Iraq and Afghanistan. He sustained leg and ankle and internal injuries, which are not noticeable by looking at his imposing frame.
“What does a disabled person look like?” James asked Richardson.
After exiting the store at 2501 Broadway, James hit record on his phone video and an argument ensued between the two men.
“He lunged toward me to hit my phone,” James said, describing to the jury how the device fell out of his hands and cracked on the pavement.
“I couldn’t believe this was happening to me,” he said, recalling his thoughts at the time. “A cop just smacked me for doing nothing wrong.”
James said he can’t afford to have the phone screen replaced for $200. He’s taking criminal justice courses at Palm Beach State College. Jurors watched the video from James’ phone, along with surveillance videos from the Walgreens.
James and Wilson can be heard yelling at each other before and after the phone crashed to the ground.
“You cracked my damn phone!” James said, telling Wilson that he has no right to determine handicapped parking privileges.
Wilson told James he was “in the wrong” and then asked, “What makes you better than an old lady who can’t walk?”
James responded, “I’m a goddamn disabled veteran,” and remarked that he would post the video online so everyone could see what happened to him.
Judge Sheree Cunningham told the jurors the trial would conclude on Wednesday.