Lopez gives details; attorney questions deputies' actions in chase to Orange County
Nearly three months after a chase of a motorcyclist along roads in Osceola County led to the apprehension, and then his receiving burns from a fire at a gas pump in Orange County, the Osceola County Sheriff’s Office is recommending charges against one of its deputies.
Sheriff Marcos Lopez announced Thursday a charge of culpable negligence against Deputy David Crawford will be recommended to State Attorney Monique Worrell’s office.
In addition, charges of fleeing a law enforcement officer, riding without both wheels on the ground (wheelies) and resisting arrest without violence are recommended against the motorcyclist, Jean Barreto, 26, of Orlando.
On Feb. 27, Barreto was apprehended at the Wawa at John Young Parkway and Central Florida Parkway — in Orange County — and during his takedown at a gas pump, he, Crawford and another arresting officer were badly burned. The Fire Marshall determined the fire was caused by a taser being fired by an open gasoline spill.
That followed 911 calls received from Osceola County drives of motorcyclists brandishing firearms at them.
At Thursday’s press conference, Lopez showed helicopter footage of his deputies pursuing a cyclist, later determined to be Barreto. He eludes using Michigan and Donegan Avenues, then flees northbound on Orange Blossom Trail, running numerous red lights.
“It’s this kind of stuff we have zero tolerance for,” Lopez said. “We have to stop this type of behavior before one of these bikes goes through a windshield. It’s reckless and brought danger to himself and members of the community.”
The Sheriff’s STAR unit (helicopter) continued to follow Barreto, who eventually stopped at the Wawa for gas. It took some minutes for Osceola deputies to arrive and make an arrest. During the takedown, the bike fell over, its gas cap loosened and gas spilled, the Sheriff’s report stated. A taser that had already been deployed was off to the side.
As this was going on, per the report, Crawford says, “You’re about to get tased again, dude,” and then the fireball erupts.
Lopez maintained a fire extinguisher was deployed on Barreto first, then the deputies who were burned, including Crawford, who is being charged because, “Under the law, his actions were reckless.”
Lopez said his deputies never found a gun on Barreto.
Barreto’s legal team’s view
Attorneys Mark NeJame and Albert Yonfa — the same who are representing those involved in the April 27 incident with Sheriff’s deputies at west Kissimmee Target — held a press conference Wednesday.
The theme was about Lopez’s zero-tolerance policy and how OCSO are, “ not going to follow the law, we’re just going to ‘getcha’.”
NeJame said, because of “a Sheriff run amok,” Barreto is now, “ Laying skinless in a hospital bed fighting for his life,” and has been placed in at least one medically-induced coma in the 11 weeks since the incident.
NeJame maintained that Barreto was not fleeing.
“If he was fleeing, why would stop for a minute and a half to get gas? Nobody who is fleeing or eluding does that,” he said. “Anyone who says he was brandishing a gun is lying.”
While Lopez said there have been no reports on the matter until this week because “the investigation took time to complete,” NeJame said he wanted to know if it’s because there’s something to hide.
“What are they hiding, and why are they hiding it?” NeJame asked. “In the Target case, he’s hiding behind FDLE (their investigation). In this, he kept it to run his own investigation. How do you get more serious injuries than this? This is the fox guarding the hen house.”
NeJame went as far Wednesday as to call for the FDLE or the Department of Justice to take this case over.
“There are too many questions left unanswered. It’s frightening, and we have to get answers.
“Did they ask permission to come into Orange County? If not, then they are civilians taking law into their own hands out of their jurisdiction. Why have we not seen that request? Does it exist? If not, doesn’t this just become vigilante justice?”
In a press release that went out Thursday afternoon, before Lopez’s press conference, State Attorney Monique Worrell noted her Officer-Involved Critical Incident Team was scheduled for a briefing with the Sheriff’s Office in this matter on Tuesday.
“This morning, we were advised by the Sheriff’s Office that charges are forthcoming on one deputy and a suspect involved in the incident,” the statement read in part. “The State Attorney’s Office developed the OICI policy to ensure transparency, and to work collaboratively with law enforcement agencies to provide the community with a thorough investigation that they could rely on. In order to retain and continue building community trust, it is imperative that our law enforcement agencies work collaboratively in providing transparent investigations that are above reproach. Upon receipt of the information from the Sheriff’s Office, the State Attorney’s Office will review the case, conduct any supplemental investigation needed, and file the appropriate charges.”
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