- October 13, 2024
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Volusia County reported that two independent reviews of the alleged excessive force incident at the Volusia County Branch Jail in April 2022 involving six officers concluded that there was insufficient evidence to support the claims, according to a Dec. 22 press release.
The first review was conducted by the Florida Department of Law Enforcement after Corrections Director Mark Flowers — whom the county is seeking to fire — claimed the county's internal investigation was mishandled, and that he was being retaliated against for blowing the whistle on inmate abuse. The county's internal investigation was closed on Aug. 1, and Flowers was placed on paid administrative leave on Aug. 15.
"The Florida Department of Law Enforcement reviewed the case file and the county’s interviews and also conducted their own interview with the inmate involved in the altercation with the officers," the county press release states. "While the inmate sustained black eyes, he was punched in the face two times by his cellmate before the officers had responded to the incident."
According to the press release, the incident took place after corrections officers responded to a fight between two inmates inside a shared jail cell on April 26, 2022. One of the inmates complied with the officers who responded to the fighter, but the other was reported to be "uncooperative, refusing to be handcuffed, escorted from the cell or comply with the lawful commands given by the officers." While officers attempted to gain control of the inmate, he was placed against the wall of the cell and then on the ground by force. He was struck during the struggle, the press release states.
After concluding its investigation, FDLE asked the State Attorney’s Office to review the findings. In a Dec. 21, 2022 memo, the county reports Assistant State Attorney Ashley Terwilleger said she had reviewed the evidence and concluded that “I find insufficient evidence to proceed and no further action is warranted by this office.”
In a statement from the county manager, Recktenwald said he was pleased that the review found no problems with the county’s internal investigation.
“The fact that the review by the State Attorney’s Office of the interviews, evidence and circumstances came to the very same conclusion shows that we were thorough and transparent in our investigation,” Recktenwald said. “We appreciate the detailed and professional manner in which our internal affairs staff conducted the investigation. The suggestion that our investigation was handled in anything less than an appropriate and exemplary manner has been proven to be false.”
