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MANATEE COUNTY IAC#2019-10064C

SHERIFF’S OFFICE DETECTIVE JASON RILEY


PROFESSIONAL STANDARDS

Sections:
Investigation: Crime Scene Location, Synopsis, Investigation,
Interviews, and Conclusion

Telephonic Exhibits:
Exhibit - A Transcription – Jail phone call from Barbara Pinkney
Exhibit - B Transcription – Jail phone call from Paul Johnson

Interview Exhibits:
Exhibit - C Transcript of the December 30, 2019 interview with
Detective Jason Riley
Exhibit - D Transcript of the December 31, 2019 interview with
Deputy Keith Bush
Exhibit - E Transcript of the December 31, 2019 interview with
Sergeant John Russell
Exhibit - F Transcript of the December 31, 2019 interview with K9
Deputy Keith Sutton
Exhibit - G Transcript of the December 31, 2019 interview with K9
Deputy Austin Taylor
Exhibit - H Transcript of the January 4, 2020 interview with EMS
Charge Paramedic Timothy Raines
Exhibit - I Transcript of the January 7, 2020 interview with K9
Detective Michael Rushing
Exhibit - J Transcript of the January 28, 2020 telephone interview
with Michael McNeal

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MANATEE COUNTY IAC#2019-10064C
SHERIFF’S OFFICE DETECTIVE JASON RILEY
PROFESSIONAL STANDARDS

Exhibit - K Transcript of the January 28, 2020 attempted interview


with Kayla Jones
Exhibit - L Transcript of the January 28, 2020 telephone interview
with EMS Charge Paramedic Timothy Raines

Document Exhibits:
Exhibit - M VOP violation report, affidavit, and arrest warrant
Exhibit - N ELVIS driver’s license report for Tevin Turner
Exhibit - O MCSO incident report 2019-034725
Exhibit - P Arrest report for Barbara Pinkney
Exhibit - Q Arrest report for Paul Johnson
Exhibit - R Use of force report filed by Detective Jason Riley
Exhibit - S Use of force report filed by Detective Michael Rushing
Exhibit - T MCCJ Intake documentation, including medical - Pinkney
Exhibit - U MMH Medical report for Barbara Pinkney
Exhibit - V CAD Event Chronology for event s1912260224
Exhibit - W CAD Event Chronology for event s1912260227
Exhibit - X CAD Event Chronology for event s1912260246
Exhibit - Y Florida State Statute 901.16
Exhibit - Z Florida State Statute 901.19
Exhibit - AA US Supreme Court Graham v Connor 490 U.S. 386 1989
Exhibit - BB Riley ECD event log download
Exhibit - CC Riley use of force history
Exhibit - DD Use of force history for Warrants Unit detectives
Exhibit - EE Past arrests effected at 1631 27th Ave. Dr. E., Bradenton
Exhibit - FF Past calls for service at 1631 27th Ave. Dr. E., Bradenton
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MANATEE COUNTY IAC#2019-10064C
SHERIFF’S OFFICE DETECTIVE JASON RILEY
PROFESSIONAL STANDARDS

Exhibit - GG E-mail chain with witness informaiton


Exhibit - HH Letter from the SAO to Barbara Pinkney’s attorney
Exhibit - II E-mail chain requesting interviews

Video Exhibits:
Exhibit - JJ Cell phone video captured December 26, 2019

Photographic Evidence:
Exhibit - KK Photo of single ECD probe entry to the left forearm
Misc Related documents

CD-DVDs:
Exhibits A and B
The audio recorded interviews related to Exhibits C, D, E, F, G, H, I, J and K.
Exhibit JJ

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MANATEE COUNTY IAC#2019-10064C
SHERIFF’S OFFICE DETECTIVE JASON RILEY
PROFESSIONAL STANDARDS

CRIME SCENE:

Interior of the residence located at

1631 27TH Avenue Drive East

Bradenton, FL 34208

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PROFESSIONAL STANDARDS

SYNOPSIS:

Deputies went to the residence of 1631 27th Ave. Dr. E. in Bradenton, FL to

locate and arrest Tevin Turner on an arrest warrant for violation of felony

probation. A knock and announce was commenced, and, after a delay, Barbara

Pinkney, the homeowner and grandmother of Turner, opened the door. An

explanation of the arrest warrant for Turner was provided, but Pinkney would not

allow admittance to the residence, and demanded a search warrant. The deputies

explained that Florida State Statute allows them to effect an arrest on an arrest

warrant without having it in hand, but Pinkney continued to refuse. They explained

they had authority under Florida State Statute 901.19 to enter the dwelling to search

for Turner because circumstances led them to believe he was present, but Pinkney

continued to refuse admittance. When deputies attempted to enter, they were met

with physical resistance from Pinkney. When deputies attempted to take her into

custody, the physical resistance continued. An electronic control device (ECD) was

utilized to subdue Pinkney, but it was ineffective due to only one probe making

contact with Pinkney’s arm. An additional drive stun of the ECD was attempted as

Pinkney was taken to the floor, but the device was on safe, and was therefore

ineffective. Pinkney continued to resist her arrest while on the floor, and a third use

of the ECD was attempted. The deputies were then able to take control of

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Pinkney’s arms, and place her in restraints. EMS was summoned to the scene, but

Pinkney refused to be examined. Upon arrival to the Manatee County Central Jail

(MCCJ), a medical intake evaluation was conducted. Based on Pinkney’s answers

to the intake questionnaire presented by medical staff at the jail, she was transported

to Manatee Memorial Hospital for further evaluation. Pinkney was transported

back to the MCCJ after she was cleared by medical personnel at the hospital.

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SHERIFF’S OFFICE DETECTIVE JASON RILEY
PROFESSIONAL STANDARDS

INVESTIGATION:

On December 26, 2019, I was alerted to a potential complaint being delivered

to the Manatee County Sheriff’s Office (MCSO) in reference to three electronic

control device (ECD) cycles having been delivered to control a 70 year old woman,

later identified as Barbara Pinkney. No complaint was filed; however, Sheriff Rick

Wells ordered an internal investigation that day to determine if the deputy’s actions

were lawful, proper, and in accordance with agency policy. I gathered and

reviewed the incident report, supplemental reports, the arrest reports of both

Barbara Pinkney and her son, Paul Johnson, who was also arrested during the

incident, and the use of force reports associated with the arrests.

In the incident report, MCSO case number 2019-034725, I learned three

deputies, Keith Bush, Keith Sutton and Austin Taylor, originally went to 1631 27th

Ave. Dr. E. in Bradenton to serve a violation of felony probation (VOP) arrest

warrant for Tevin Turner, who resides at this address. Bush, the author of the

report, verified the warrant, and knocked on the front door. A female asked, “Who

is it,” and Bush answered, “Sheriff’s Office.” A female looked through the window

blinds, but no one came to the door. After performing a total of three “knock and

announce” attempts, Barbara Pinkney came to the door. She refused him entry,

demanding a search warrant be presented. Bush then verified with a neighbor that

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PROFESSIONAL STANDARDS

Turner “stays at the residence,” and is seen there often. Armed with this

information, and a belief that Turner was in the house, Bush reengaged

conversation with Pinkney in an attempt to gain admittance under the law. Despite

Bush’s efforts to explain how Florida State Statute 901.19 lawfully authorized him

to search the residence for Turner under these circumstances, he was met with

continued refusal. Detectives from the Warrants Unit came to the scene, and

Detective Riley made contact with Pinkney as she stood in the open doorway of the

residence with her body used to block any attempt to enter. He, too, explained

Florida State Statute 901.19 to Pinkney, and met the same denial of entry and

demand for a warrant. When Riley attempted to enter the residence, he was met

with physical resistance from Pinkney, and commenced actions to take her into

custody. Paul Johnson, Pinkney’s son, had previously exited the house, and was

now yelling and moving toward Riley to intervene with the arrest. Bush shoved

Johnson in the chest while commanding him to “get back,” but Johnson ignored

him, and lunged forward to get past Bush. Bush and Detective Rushing took

Johnson to the ground, and after a struggle, placed him in restraints. Johnson

complained of having trouble breathing, and EMS transported him to the hospital.

While there, Johnson told Bush, “That was Tevin’s baby-mama at the house, but

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they told you he wasn’t there.” Once medically cleared, Bush took Johnson to the

jail.

In Sergeant John Russell’s supplement to this report, he noted how he arrived

on scene after the arrests were made, and spoke to a gathering of people. A cell

phone video of the incident was shown to him in which he found nothing

disconcerting. He explained to Pinkney’s family members how Pinkney’s

resistance led to her arrest, and if she had simply complied, “none of this would

have happened.” In response, one of the relatives stated, “Grandma is so stubborn.”

Due to the complaints of alleged excessive use of force, Russell offered the family

the opportunity to write a formal complaint. Although no one chose to take his

offer, they did demand the names of the deputies involved to file a complaint at a

later time, and he provided them with that information.

Deputy Taylor wrote similar information as Bush in his supplement, adding

that it took approximately two minutes for “Deborah” to answer the door (an

apparent misidentification of Barbara Pinkney). He also stated Riley provided three

warnings to Pinkney advising she would be arrested for obstruction if she did not

cooperate. Riley attempted to enter, Pinkney actively resisted, pulling Riley into

the house. When Pinkney offered the resistance to Riley, two “larger black men”

reacted. He was able to gain voluntary compliance from one, but the second was

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taken into custody by Rushing and Bush. Taylor next went into the residence to

assist Riley with detaining Pinkney. Taylor applied leverage to gain control of

Pinkney’s arm and secured it behind her back, allowing Riley to apply handcuffs.

Taylor and Riley both helped Pinkney stand, and Riley escorted Pinkney from the

residence. As Taylor and Sutton were returning to their vehicles, a neighbor’s dog

ran toward Sutton’s K9, Phantom. Sutton discharged his ECD and struck the dog.

The dog yelped and ran away.

Deputy Sutton wrote in his supplement that he assisted Bush by taking a

position in the rear of the residence with his K9, Phantom, to thwart escape through

the back of the home. He heard Bush knock and announce, but receive no answer.

The deputies called for Warrants Unit detectives to assist. After their arrival, he

heard yelling, ran to the front of the residence, and saw Bush and Rushing handcuff

a black male who was on the ground. He ensured the deputies did not require his

assistance, and returned to his post at the rear of the residence. A search of the

residence was conducted, but Turner was not located. As Sutton was returning to

his vehicle, a neighbor’s dog came toward his K9, and as the dog got close, he fired

his ECD. Both probes struck the animal, and it ran off. After securing his K9,

Sutton explained to the dog’s owner how to remove the probes from the animal.

The owner advised she had already removed them, but would not relinquish them to

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Sutton. This report and associated supplements were added to the case file.

(EXHIBIT “O”)

I then received and reviewed the arrest report for Barbara Pinkney dated

December 26, 2019. Listed were two charges; FSS 784.07-2B, Battery on a Law

Enforcement Officer, and FSS 843.02, Resisting Without Violence (Obstruction).

This was made part of the case file. (EXHIBIT “P”)

On December 26, 2019, I received the arrest report for Paul Johnson dated

December 26, 2019. Listed was a single charge of FSS 843.02, Resisting Without

Violence (Obstruction). This was made part of the case file. (EXHIBIT “Q”)

On December 26, 2019, I received and reviewed the use of force report

submitted by Detective Riley outlining his actions leading up to and including the

arrest of Barbara Pinkney on December 26, 2019. Riley responded to 1631 27th

Ave. Dr. E. in Bradenton, the address on the warrant, to assist with serving the

arrest warrant for Tevin Turner. The address on Turner’s driver’s license matched

the address on the arrest warrant. When he arrived at the residence, he approached

Paul Johnson at the front of the home near the open front door, and asked if Turner

was inside. Johnson stated, “No, he isn’t home.” Riley explained that if Turner was

found inside, Johnson could be arrested for obstructing justice. Johnson then

became uncooperative and evasive with his answers during further questioning.

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Barbara Pinkney came to the open front door at that point, and Riley was informed

she was the homeowner. He explained to her that Turner had warrant for his arrest,

and the deputies believed he was inside. She retorted, telling Riley he could not

come in without a search warrant. He explained FSS 901.19 authorized him to

search the residence because he reasonably believed Turner to be inside, but

Pinkney said, “No, you show me the warrant.” Riley advised if Turner was

discovered inside, or if Pinkney herself obstructed Riley’s entry into the residence,

she would be arrested. She continued to refuse admittance while standing in the

doorway. Riley told Pinkney to move aside as he pushed on the door. When

Pinkney attempted to close the door, Riley made the decision to take her into

custody for obstruction, grabbed her by the wrist, and advised “she was going to

jail.” As she pulled away, Riley saw two males approach him aggressively, and the

assisting deputies intervene to stop them. Pinkney continued to pull away, and

pushed Riley in the chest. He let go of Pinkney and deployed his ECD, striking

Pinkney with only a single probe in the left arm, nullifying the device’s effects.

Riley drive stunned Pinkney in the back as he took her to the ground, but Pinkney

rolled onto her stomach, clutched her hands beneath her body, and refused to

comply with Riley’s demands for her to relinquish her grip. He placed his ECD

against Pinkney’s upper back while explaining if she didn’t release her hands, he

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would cycle the ECD again. She continued to thwart his efforts. Riley delivered

another cycle from the ECD; however, it appeared to have no effect. He held

Pinkney on the floor until Deputy Taylor arrived to assist in securing her in

handcuffs. Riley escorted Pinkney to Rushing’s vehicle, and instructed her to get

in. When she refused to “get all the way in,” Riley went around to the other side of

the vehicle and pulled her inside. He located the single probe, and removed it from

Pinkney’s arm. Riley then returned to the residence to search for Turner, but he

was not located. Riley noted the amount of time allotted through the chaos would

allow Turner ample duration to escape. EMS was summoned to the vehicle to

examine Pinkney, but she refused their evaluation efforts. Once at the jail, Pinkney

was denied admittance by the nurse, and was sent to MMH where she was

medically cleared. This report was added to the case file. (EXHIBIT “R”)

On December 26, 2019, I received and reviewed the use of force report

submitted by Detective Rushing for the arrest of Paul Johnson. Pertinent to this

case is Rushing’s recount of how Paul Johnson charged toward the residence, and

Bush commanding him to, “get back.” Rushing grabbed Johnson’s rear shirt collar,

and took him to the ground. Johnson continued to struggle against the deputies, but

after multiple commands, and the threat of a K9 bite, he was secured, due to his

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size, in two pairs of conjoined handcuffs. This report was added to the case file.

(EXHIBIT “S”)

On December 26, 2019, I received and reviewed the event chronology for

event number s1912260227, initiated by Deputy Bush who is designated on the

chronology as 1E11. The event was created at 06:56 hours for a “Directed Patrol”

at 1631 27th Ave. Dr. E. in Bradenton. This event was cleared at 07:22 after a 911

hang-up call had originated from that same address. Bush alerted dispatch that he

was actually with Deputies Keith Sutton and Austin Taylor serving an arrest

warrant at that location. He was then attached to their call for service,

s1912260224. The event chronology was added to the case file. (Exhibit “W”)

On December 26, 2019, I also received and reviewed event chronology

s1912260224 (Exhibit “V”). This chronology begins at 06:54 on December 26,

2019, when Deputy Sutton, designated as K220, self-initiated a “Warrant” event at

1631 27th Ave. Dr. E. in Bradenton. Deputy Taylor, designated as B7108, attached

to the event at 07:10. (As noted above, although Deputy Bush is on a separate

event screen at this time, s1912260227, he is with Deputies Sutton and Taylor at

1631 27th Ave. Dr. E. serving the arrest warrant.) At 07:23, an “Abandoned 911

Call,” event number s1912260246 (Exhibit “X”), was transferred from the

Emergency Communications Center (ECC) to MCSO Dispatch. The call was

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received at 07:21 hours from phone number from ;

.. The caller reported, “SHE HAD 2 COPS THERE ,

WITH WARRENTS [sic] FOR HER GRANDSON.” After this comment, the caller

disconnected. A call back to the number was initiated at which time

caller stated, “NVM (never mind) , NVM , YOU ANSWERED MY QUESTION

AT THE GET GO,” and disconnected a second time. After receiving this call,

MCSO Dispatch realized Deputies Bush, Sutton and Taylor were at the same

location, and acting in concert with each other to serve an arrest warrant. The

dispatcher cleared Deputy Bush from his initiated “Directed Patrol,” attached him

to this event, and cross referenced the “Abandoned 911 Call” as a duplicate event.

At 07:41, additional units and a supervisor, Sergeant Russell, were attached to the

event, and dispatch group 13 was placed on “Signal 100” for emergency traffic

only. Deputies requested EMS to respond for breathing problems at 07:42. Backup

deputies began to arrive at 07:43 hours, and Sergeant Russell arrived at 07:50. At

07:54, Unit 541, Detective Rushing, was listed as enroute to the jail (PORT) with an

arrestee, and dispatch cleared “Signal 100.” Deputy Bush was listed as enroute to

Manatee Memorial Hospital with an arrestee at 07:55. At 08:00, the additional

units began clearing the event. At 08:15, Detective Rushing arrived at the jail, and

at 09:04 hours, he is listed as enroute to MMH. His arrival time is recorded as

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09:20. At 11:37, Deputy Bush left MMH with his arrestee, and arrived at the jail at

11:57. At 11:44 hours, Detective Rushing left MMH with his arrestee and arrived

at the jail at 12:02. The chronologies were added to the case file.

On December 26, 2019, Barbara Pinkney placed a collect call from a

recorded inmate phone at the jail. In the conversation, Pinkney is concerned about

having to remain incarcerated overnight. She explained to the call recipient that she

has no bond due to her charges. After hearing someone in the background

announce the two charges, the recipient repeats, “Obstruction and Battery on a

Police Officer,” to which Pinkney responds, “Yeah, and I didn’t even touch

nobody.” The conversation then included getting the necessary money for Paul

Johnson’s bail, and contacting a bail bondsman. Pinkney tells the recipient not to

use $80.00 in the black bag, but to go to the ATM. The conversation devolves into

small talk about other people who called the recipient. Of note to this investigation

is what is not in the conversation. There is no comment or questions about injuries

or why Pinkney obstructed the efforts of law enforcement. The audio of this phone

call was transcribed and added to the case file. (Exhibit “A”)

On December 26, 2019, Paul Johnson placed a collect call from a recorded

inmate phone at the jail. In the conversation, Johnson tells a male, “Tell Tiffany,

(an apparent reference to Tiffany Stevenson, Tevin Turner’s mother) momma got

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the money on her card, a card at the house.” A female is then heard on the

receiving end of the call, and Johnson explained that Pinkney is in the medical area.

Johnson is asked, “She alright?” He answered, “Yeah, she alright.” The only other

conversation revolves around bail money and a ride home. The audio of this phone

call was transcribed and added to the case file. (Exhibit “B”)

On December 27, 2019, I reviewed Florida State Statute 901.16, which states

in part: “A peace officer making an arrest by a warrant shall inform the person to

be arrested of the cause of arrest and that a warrant has been issued… The officer

need not have the warrant in his or her possession at the time of arrest but on

request of the person arrested shall show it to the person as soon as practicable.”

A copy of the statute was made part of the case file. (EXHIBIT “Y”)

Also on December 27, 2019, I reviewed Florida State Statute 901.19, which

states in part: “If a peace officer fails to gain admittance after she or he has

announced her or his authority and purpose in order to make an arrest either by a

warrant or when authorized to make an arrest for a felony without a warrant, the

officer may use all necessary and reasonable force to enter any building or

property where the person to be arrested is or is reasonably believed to be.” A

copy of the statute was made part of the case file. (EXHIBIT “Z”)

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On December 30, 2019, Detective Riley’s electronic control device (ECD),

Taser X26P serial number X1200AXDH, was downloaded. I received and

reviewed the Taser Evidence-Sync report generated from that download. When

Detective Riley deployed his ECD on December 26, 2019, the trigger was

depressed only twice, each delivering a five second cycle. At 07:47:41, the ECD

was armed, and at 07:47:42, a five second cycle was released. From the

investigation, this would have been when the two probes were released; one striking

Pinkney’s arm, and the other being errant rendering the device ineffective. The

ECD was placed on “safe” at 07:47:54. When Riley reported drive stunning

Pinkney as he took her to the floor, the ECD was actually on “safe,” therefore not

delivering a cycle. It was armed again at 07:48:06, and a five second cycle was

released at 07:48:38. This would be when Riley reported a continued struggle with

Pinkney forced him to deliver an additional cycle after vocalizing a warning. The

last entry for this date was when the ECD was placed on “safe” for the final time at

07:49:28. Additional entries are noted on December 30, 2019, when the ECD was

tested prior to download. The test revealed the ECD was operating as designed.

This Taser report was added to the case file. (EXHIBIT “BB”)

On December 30, 2019, I received a copy of the ELVIS report for Tevin

Turner. A Florida Driver’s License was issued on December 14, 2015, which

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expires on September 12, 2024. The address listed on the license is 1631 21st Ave.

Dr. E. Bradenton, FL 34208. The ELVIS report lists Turner as a “Wanted Person”

with an offense code of “PROB VIOLATION – SEE MIS.” Under the MISC

section is noted, “VIOL PROB CARRYING CONCEALED WEAPON, COCAINE

POSS DOCKET 2018CF001123, COCAINE SALE/MAUF/DELIV DOCKET

2018CF003194 WE WILL EXTRADITE.” The warrant date is listed as December

12, 2019, and the entry date is documented as December 16, 2019. The residence is

noted to be 1631 27th Ave. Dr. E. Bradenton, FL 34208. This report was added to

the case file. (EXHIBIT “N”)

On December 31, 2019, I acquired Detective Riley’s use of force history

since January of 2017. On two occasions in 2017, he used force to apprehend an

individual, one necessitating a warning of imminent ECD use to gain control

without cycling of the device. There were no incidents in 2018 requiring Riley to

use force to effect an arrest. In 2019, three arrests required Detective Riley to use

force to take an individual into custody; two involving empty hand control, and one

use of cycling his ECD, which was the use of force employed to effect the arrest

Barbara Pinkney. This report was added to the case file. (EXHIBIT “CC”)

On December 31, 2019, a compilation of the use of force employed by the

detectives assigned to the Warrants Unit was gathered, in conjunction with the total

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number of arrests made by each. From January of 2015 until December of 2019,

Detective Riley had a total of 416 arrests; 110 female, 305 male, and 1 listing no

sex. Of this total, Detective Riley used force a total of 7 times, which equates to an

average of .017% of the arrests he made during this time. This was added to the

case file. (EXHIBIT “DD”)

On December 31, 2019, I received and reviewed a copy of the violation of

probation paperwork to include the VOP Report, the Affidavit Violation of Drug

Offender Probation, and the Warrant for the arrest of Tevin Turner. The VOP

Report, attested to by Probation Officer Aaron Lages, lists the three offenses for

which Turner was placed on probation as carrying concealed Weapon, cocaine

possession, and cocaine sale/manufacture/delivery. Lages attests on December 5,

2019, Turner violated “Condition (5),” “Condition (7),” and “Condition (9)” of his

drug offender probation. Turner is listed as “at-large” with a current address of

“1631 27th Avenue Drive East, Bradenton, FL 34208-7628.” Additionally, Turner’s

residency is listed as “UNSTABLE (about to be kicked out by his grandmother)

1631 27th Avenue Drive East, Bradenton, FL. 34208-7628 Resides with:

BARBARA PINKNEY, G.M.” The document, which was signed as true and

correct by Officer Lages, includes the results of Turner’s urinalysis. The notoraized

Affidavit Violation of Drug Offender Probation notes Officer Lages instructed

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Turner on the conditions of his probation on August 27, 2019. Furthermore, Officer

Lages attested Turner violated three conditions of his probation, specifically,

Condition (5) – a new violation of law, Condition (7) – possession of marijuana,

Condition (9) – answering an inquiry untruthfully. The document is declared true

by Officer Lages signature affixed on December 12, 2019. The warrant included

the same original charges and subsequent violations. The warrant, signed on

December 13, 2019, by The Honorable Lon Arend, Circuit Court Judge, ordered,

“THESE ARE, THEREFORE, to command to arrest instanter the offender, TEVIN

TURNER, and bring him before me to be dealt with according to law.” Included

with the warrant is a photo of Turner, and identifying data, which lists, “CURRENT

LOCATION / LAST KNOWN ADDRESS 1631 27TH AVENUE DRIVE EAST

BRADENTON, FL, 34208-7628” This documentation was added to the case file.

(EXHIBIT “M”)

On January 2, 2020, I received and reviewed the intake documentation for

Barbara Pinkney. Of note in the documentation is the form titled Initial Intake

Health Screening form – Manatee, a form used by NAPHCARE, a contracted

medical service to the Manatee County Sheriff’s Office. On this form, the first “yes

or no” portion asks, “In need of emergency medical treatment…” Hand written in

the space provided is, “Thyroid HTN.” A section of the form allows the attending

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nurse to denote the reason for refusing admittance to a detainee. In Pinkney’s case,

the nurse wrote, “Tazed x 1 (with) probes – prong still in L (left) arm 2 dry stuns

back – hit head on floor – c/o h/a (complains of head ache) 70 yrs old HTN, thyroid

– states takes heart pill.” The form is dated “12/26/2019,” and the time noted is

“08:32.” A second Initial Intake Health Screening Form – Manatee was completed

on the same day, December 26, 2019, and the time listed is 12:30. On this form, a

hand written note from the nurse states, “Cleared by MMH.” The entirety of the

documentation was added to the case file. (EXHIBIT “T”)

On January 2, 2020, I obtained and reviewed the medical documentation

from Manatee Memorial Hospital (MMH) for Barbara Pinkney. Pinkney was sent

to MMH after being refused admission during her medical intake exam at the

MCCJ. After he reviewed a CT scan on Pinkney’s head and brain, Doctor Bret

Henricks found, “No acute intracranial abnormality identified.” Additionally,

Doctor Matthew Buzzeo conducted a CT scan of the cervical spine, and found, “No

fracture or subluxation.” The medical notes from MMH were added to this case

file. (EXHIBIT “U”)

On January 3, 2020, I captured a still image of the ECD probe’s signature

mark left on Barbara Pinkney’s arm. This image was taken from a WFTS Action

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News broadcast of McKenna King’s interview with Barbara Pinkney. The photo

was added to the case file. (EXHIBIT “KK”)

On January 7, 2020, I received and reviewed a listing of all arrests made at

Barbara Pinkney’s address, 1631 27th Ave. Dr. E. in Bradenton. The arrests begin

on May of 1999, and continue through December 26, 2019. Barbara Pinkney is the

homeowner for the duration of this time frame. A total of fifteen (15) people have

been arrested at this address on a total of twenty two (22) separate charges. Most

pertinent to this case is an earlier arrest warrant apprehension of Tevin Turner made

at this address on October 5, 2018. This document was added to the case file.

(EXHIBIT “EE”)

On January 7, 2020, I received and reviewed a listing of all the law

enforcement calls for service involving the address of 1631 27th Ave. Dr. E. in

Bradenton. The time frame in the report is August 22, 2002, through December 26,

2019. Barbara Pinkney was the homeowner during the entirety of this period. The

report lists a total of fifty seven (57) separate incidents which include fights, loud

noise complaints, shootings, child protection, domestic violence, suspicious

persons, suspicious circumstances, suspicious vehicles, assaults and more.

Although this establishes several prior law enforcement contacts, more relevant to

this case is the fact that five (5) of the fifty seven (57) incidents involved serving

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arrest warrants at the residence, which included an earlier arrest warrant

apprehension of Tevin Turner made at this address on October 5, 2018. This

document was made part of the case file. (EXHIBIT “FF”)

On January 13, 2020, I received an email chain between Assistant State’s

Attorney Garrett Franzen and Michele Rayner-Goolsby, attorney for Barbara

Pinkney and Paul Johnson. The email contained an attached video made from a cell

phone on December 26, 2019 (EXHIBIT “JJ”). Also included was a list of

persons identified by Rayner-Goolsby as pertinent witnesses to this case. This list

included each person’s contact information in the form of phone numbers;

excluding Keith Page who’s contact information is listed as, “Waiting on number.”

I called each person with a listed phone number to schedule an interview. I left

messages for Paul Johnson, Elizabeth Francisco, and Tariq Turner, but received no

return call. A phone interview was conducted with Michael McNeal (EXHIBIT

“J”). An interview was attempted with Kayla Jones; however, although contact

was made, she hung up the phone while being sworn in, and did not answer call

backs. (EXHIBIT “K”). When I phoned Gloria Marquez, she did not answer, but I

was provided an option to leave a call back number using the keypad of my phone.

I punched in the Sheriff’s Office main number and my office extension. During my

phone interview with McNeal, Marquez’s name appeared as an incoming call. No

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message was left, and when I called back later, I received the same option to leave

my number. I reentered my office phone number, but received no call back. The

email was made part of the case file. (EXHIBIT “GG”)

On January 16, 2020, a letter was sent from Assistant State Attorney Garrett

Franzen to Michele K. Rayner-Gooslby, the attorney for both Barbara Pinkney and

Paul Johnson. The letter, dated January 15, 2020, explains an internal investigation

is being conducted by the Manatee County Sheriff’s Office to examine the actions

of the deputies involved in the arrests of her clients. The letter declared, “…the

State Attorney’s Office of the 12th Judicial Circuit hereby agrees that any

statements made by Ms. Barbara Pinkney and/or Paul Johnson in an official

capacity during a recorded interview conducted as part of the Manatee County

Sheriff’s Office professional standards investigation regarding the events of

December 26, 2019 will not be used in any case-in-chief against either Ms. Pinkney

or Mr. Johnson.” The letter was added to the case file. (EXHIBIT “GG”)

On January 17, 2019, I received and reviewed an email sent by Eric

Werbeck, General Counsel for the MCSO, to Michele Rayner-Goolsby requesting

dates and time when Barbara Pinkney and Paul Johnson would be made available

for interviews. As of the conclusion of this investigation, neither a responding

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email nor subsequent contact from Ms. Rayner-Goolsby has been received. This

was made part of the case file. (EXHIBIT “II”)

On January 22, 2020, I obtained and reviewed the US Supreme Court

decision for Graham v. Connor, 490 U.S. 386 (1989). The Court held, “All claims

that law enforcement officials have used excessive force -- deadly or not -- in the

course of an arrest, investigatory stop, or other ‘seizure’ of a free citizen are

properly analyzed under the Fourth Amendment's ‘objective reasonableness’

standard, rather than under a substantive due process standard. Pp. 490 U. S. 392-

399.” Furthermore, the Court defined the determination of “reasonable” in a use of

force encounter as, “The Fourth Amendment ‘reasonableness’ inquiry is whether

the officers' actions are ‘objectively reasonable’ in light of the facts and

circumstances confronting them, without regard to their underlying intent or

motivation. The ‘reasonableness’ of a particular use of force must be judged from

the perspective of a reasonable officer on the scene, and its calculus must embody

an allowance for the fact that police officers are often forced to make split-second

decisions about the amount of force necessary in a particular situation. Pp. 490 U.

S. 396-397.” The decision was added to the case file. (EXHIBIT “AA”)

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INTERVIEW: (SYNOPSIS)

Detective Jason Riley:

On December 30, 2019, a sworn, digitally recorded interview was conducted

with Detective Jason Riley. The interview was later transcribed and made part of

the case file (EXHIBIT “C”). The following is a summary of that interview:

Riley had previously made contact with the occupants of Barbara Pinkney’s

residence located at 1631 27th Ave. Dr. E. in Bradenton, FL, approximately five or

six times; however, he does not specifically recall having contact with Pinkney,

herself, during any of these engagements. Law enforcement presence is not unusual

at the residence, and the encounters Riley had with the occupants at this address

were described as calm and cordial, even when apprehending a fugitive out of the

residence. He was allowed access to search the home without any derogatory

encounters with the occupants of the residence. Riley didn’t specifically remember

arresting anyone out of the residence, but stated one such prior encounter may have

been to effect the arrest of Tevin Turner.

On December 26, 2019, Riley was called to the residence by patrol units who

were attempting to serve a warrant, but were denied access. While en route to the

scene, Riley confirmed the warrant for Tevin Turner was still active through staff in

the Warrants Unit, verified the address he was traveling to was the same as that on

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the warrant, and had the warrant slip emailed to him. He also verified the address

given on the warrant for Tevin Turner matched the address on his driver’s license

and previous arrest warrants. Detective Michael Rushing was en route to the

residence at the same time, but arrived after Riley.

When Riley arrived, he first spoke with Paul Johnson, who was standing to

the left of the front door of the residence. Riley asked him if Tevin was there, and

Johnson appeared evasive when he looked to answer, “He’s not home.” Riley then

explained that with an arrest warrant, he has the legal right to go into the residence

without the need for an additional search warrant. He further explained if the

person listed on the warrant is discovered inside, others may be arrested for

obstruction. He spoke with Johnson for “a good period” of time before Pinkney

came to the doorway. At that point, either Deputy Bush or Johnson informed him

Pinkney was the homeowner, and Riley’s attention shifted to her.

When he asked Pinkney if Tevin Turner was there, she did not answer the

question. Instead, she asked if Riley was a sergeant. He explained he was a

detective with the Warrants Unit, and he had an arrest warrant for Turner. Pinkney

told Riley he could not enter without a search warrant. Riley explained to Pinkney,

several times, “If you obstruct this investigation, you’re gonna get arrested... We

have the right to come in and search if I have reasonable belief he’s inside. If we,

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we come in and we find him, you could go to jail, or if you obstruct me you’re

gonna go to jail.”

Riley said he encountered similar resistance to searching other homes under

similar circumstances, “all the time.” However, he spent more time explaining the

law to Johnson and Pinkney than he typically would while standing outside a

residence. He said he “spent a great deal of time” trying to convince and coerce

Pinkney into allowing the deputies to “do our job,” but she continued to refuse him

entry. His reasoning was, with the amount of people present, he didn’t want to

appear pushy. A woman was across the street, and several people were outside,

including a small child. His continued communication was an attempt to get

Pinkney out of the way so he could conduct his search for Turner.

Pinkney’s age did not play a role in the amount of time Riley’s spent

attempting to convince her to allow him inside. He believed her age to be ten to

twenty years younger. There was no indication or reference, either direct or

indirect, that December 26th was Pinkney’s 70th birthday. Riley only discovered it

was Pinkney’s birthday as he traveled to the jail as there were none of the typical

indications a party was imminent.

Several indicators were present to give Riley belief Turner was inside the

residence. He had not been informed Pinkney authorized Bush access to the home,

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with the exception of one locked room. If he had known that, “Light bulbs would

go off in my head thinking that the person that I’m looking for is in that room.”

However, there were other indicators to make him believe Turner was inside; the

number of times he had previously been allowed easy access to Pinkney’s home,

the evasive answers as to whether Turner was inside, the address on both Turner’s

driver’s license and his probation information. Riley also said, “…just the majority

of time when I go to houses and people don’t want to allow us in… the person’s

inside.” Riley was asked if he had previously attempted to execute an arrest

warrant and been told the subject was not inside, only to discover the subject was

indeed inside. He said, “mm, thousands and thousands of times, yes.”

Riley explained to Pinkney, “several times,” that if she obstructed his

entrance, she would be arrested for obstruction of justice. Despite the numerous

attempts to explain that Riley had an arrest warrant for Turner, and the law

authorized him access, Pinkney would not allow his entry into her home, and

demanded a search warrant. She did not deny Turner lived in her home. She did

not offer alternative locations to search. She did not offer to contact Turner for

Riley.

When Rushing arrived on scene, Riley decided to make entry into the

residence. His intention was to bypass Pinkney and search for Turner. His plan did

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not include the arrest of Pinkney. However, when Pinkney closed the door on Riley

as he began his entry, she was actively obstructing, and he made the decision to

arrest. Riley took hold of Pinkney’s wrist in an attempt to remove her from the

residence, but was distracted by an unknown male he saw along the outside of the

doorway coming toward him. Simultaneously, Riley saw Bush move behind him

from the other side of the doorway to confront the male. With Riley grasping

Pinkney’s wrist, she attempted to pull away and push Riley out of the residence at

the same time, but the resultant action was that Riley was pulled inside. Given the

immediate circumstances and the amount of people both inside and outside the

residence - Johnson and the unknown male outside, Pinkney and two unknown

females with a child inside - Riley decided to utilize his ECD in order to secure

Pinkney quickly.

When the ECD was fired, Riley heard the sound of the ECD cycle, but it

seemed to have no effect. He saw one probe strike Pinkney in the arm, but did not

notice the other probe actually had not made contact. He grabbed Pinkney, drive

stunned her again, and took her to the ground. (NOTE: the Taser (ECD) log

indicated the device was on safe at this time, and, although Riley testified he heard

the energy released, the device was not activated, and therefore, the ECD did not

cycle during this contact.) Pinkney was flailing on the ground with her arms

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clutched underneath her. Riley gave commands for her to put her hands behind her

back, but Pinkney kept them secured underneath her. He said, “I pulled on her

arms, um, and I was wrestling with her on the ground, and I actually even set my

Taser (ECD) down on a chair that was, was next to me to try to get her arms behind

her back, and she still was refusing and fighting me… I said, ‘if you don’t give me

your hands I’m gonna tase you.’” He retrieved the ECD from the chair to deliver a

drive stun to Pinkney for what he believed to be the third time. Although he heard

the energy release, it had no effect on Pinkney, and she continued to clutch her

hands beneath her. He looked around, saw no other deputies or persons in the area,

and decided to just keep his knee on her back until another deputy arrived to help

him secure Pinkney. Deputy Taylor arrived, and the two restrained Pinkney in

handcuffs.

Pinkney was escorted to Rushing’s car, but when she was placed on the back

seat and told her to get in, she refused. Riley went around to the other side of the

car and physically pulled her inside. He noticed the probe in her arm, removed it,

and secured it in his badge holder. He then went back in the residence to search for

Turner.

When he came back out, EMS had arrived. They were asked to check on

Pinkney, but, “she didn’t want nothing to do with them.” Pinkney was then

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transported to the jail. Pinkney remained uncooperative during the trip, refusing to

give her name and date of birth. Detective Rushing used the address of the

residence to find Pinkney’s name on the Property Appraiser’s website, and Riley

used that information in DAVID to verify her identity.

Although Pinkney did not complain of injury, the nurse on duty refused her

because the probe was believed to remain in her arm, she was 70 years old, and she

may have bumped her head. As a result, Pinkney was taken to the hospital for CAT

scan and X-rays. Riley noticed a small scratch on Pinkney’s face when they were

on the ground at the residence, and saw the mark on her arm from the probe, but did

not notice any other injuries.

While at the hospital, a nurse informed Riley of the arrival of Pinkney’s

family. He voluntarily met with Pinkney’s daughter and another elderly woman to

explain the situation and provide bond information. When he asked if they had any

questions, the daughter asked why he arrested her mother, a 70 year old woman,

and told Riley he didn’t have a search warrant. Riley apologized and said, “Trust

me, I did not want to arrest a 70 year old woman, I really didn’t.” He then gave his

business card with his cell phone number to her, and told her to call him anytime if

she had any more questions.

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Riley did not take pictures of Pinkney, and did not believe Sergeant Russell

took any either. He described the scene as chaotic with everyone yelling, including

a neighbor with a dog, yelling from across the street. Given the totality of the

situation, including an additional ECD used to stop a dog, he believed the best

option was to simply leave the area and take Pinkney to the jail.

Tevin Turner was not located in the residence. When asked, given his

experience in the Warrants Unit, if it was common for people to attempt to distract

him in order for the subject to escape, Riley said, “Absolutely… they stall us at the

door so that the person can get well hid.” When asked about this incident, Riley

said he is 100% sure Turner was in the house. He further theorized that when

Deputy Sutton gave up the rear of the house in order to help with the chaos in front,

Turner either became well hidden inside and eluded the search, or fled through the

rear of the house. He reiterated the address matched the address on Turner’s

warrant, as well as his driver’s license, his history, and the address Turner provided

to probation. When combined with the elusiveness offered by those on scene, and

being denied entry into the residence to search for Turner, Riley believed Turner

was in the house when he arrived. Finally, Florida State Statute 901.19, Riley

agreed, gave him the authority to enter the residence. He ended the interview by

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stating, “When I had made the decision to go in, I absolutely believed that Tevin’s

in there, I still believe that Tevin was in there at that day during that time.”

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INTERVIEW: (SYNOPSIS)

Deputy Keith Bush:

On December 31, 2019, a sworn, digitally recorded interview was conducted

with Deputy Keith Bush. The interview was later transcribed and made part of the

case file (EXHIBIT “D”). The following is a summary of that interview:

Deputy Bush had been to 1631 27th Ave. Dr. E. previously on what he

believed was a during which he had the opportunity to interact

with Barbara Pinkney. That call for service involved a complaint against a woman

who lived with her child in Pinkney’s home, and a male listed in the case file. Bush

could not recall the details of the case, the name of the male, or who all was

interviewed at that time. The investigation was conducted mainly without

any input from him that he could recall. He described Pinkney as “somewhat stand-

offish,” but not disrespectful. Although the people interviewed were friendly with

during the investigation, he said they were, “not the slightest bit law

enforcement friendly.”

On December 26, 2019, Bush examined the active warrants list, and found

Tevin Turner’s warrant listing 1631 27th Ave. Dr. E. as his address. He ran

Turner’s name through NCIC and verified the warrant was still active. He also

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spoke with a neighbor who stated Turner frequented the residence, and was there all

the time.

K9 Deputies Sutton and Taylor accompanied Bush. Taylor stayed at the

front door of the residence with Bush while Sutton took his K9 to the rear. Bush

knocked on the front door, and saw a female look out the window at him. He was

dressed in the Sheriff’s Office patrol uniform with a silver star with the word

“SHERIFF” on the chest, Sheriff’s Office patches on each of the sleeves, and also a

full patrol duty belt. Although the female saw Bush, she did not answer the door.

During this time, Bush thought Turner was either preparing to flee through the rear

of the house, was attempting to hiding, or, based on the weapon violation listed on

the warrant, arming himself. After three to four minutes and repeated knocking,

Pinkney came to the door. He asked if Turner was there, and, without answering

the question, Pinkney said, “if he was here, he would have ran out the back.”

Bush explained he had a warrant for Turner’s arrest, and the address on the

warrant was Pinkney’s. He further explained he needed to check to see if Turner

was in the house. Pinkney told Bush he was not coming in the house without a

search warrant. He explained to her several times that this address was the address

on the warrant, and Florida State Statute 901.19 allowed them to verify if Turner

was in the house if he believed him to be inside. He attempted to reason with

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Pinkney by saying if Turner was not in the house, the deputies will be “in and out

pretty quick and we’ll get out of your hair.” Pinkney told Bush if she did let him

into the house, there was a locked bedroom he could not enter. Bush explained

when they come into her house, they will search for Turner in every room,

regardless of whether it is locked.

Before he made the decision to actually enter the house, Bush advised his

supervisor, Sergeant Russell, of the situation. Russell advised him to contact the

Warrants Unit, and when Bush switched his radio over to the warrants group, he

learned the detectives were already headed to the scene. While waiting for the

detectives to arrive, several people exited the house. Bush and Taylor explained

their presence to each of them, and asked them to help convince Pinkney to allow

them entry; however, Pinkney continued to refuse.

Pinkney mentioned Turner was her grandson, but did not say Turner did not

live with her. She also did not offer any alternate locations for Bush to find him, or

offer to contact Turner for Bush.

When Detective Riley arrived, Bush and Pinkney were still in the doorway.

Turner stood on the opposite side of the doorway from Bush while three other

people, two male and a female with a baby who had exited the house previously,

were also on the porch. Riley came to the doorway and asked Pinkney if Turner

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was there, and Bush recalled her answering that he was not inside. Riley explained

how state statute allowed him to come in the house to look for Turner, and that he

was coming in the house. Pinkney continued to refuse the deputies entry.

When Riley moved to enter the home, Pinkney became loud, and the two

males outside became “very agitated” and came toward the front door. They were

both pushed back. Taylor was able to control one of the males, but the other male,

Paul Johnson, came toward the door again. Bush took him to the ground at that

point. Johnson attempted to lift himself off the ground, but Bush and one of the

warrants deputies were able to gain control of him to place him in handcuffs.

Additional units responded to the scene, and Bush secured him inside one of those

vehicles. Bush did not participate in the actual search for Turner, nor did he go

inside the house at any time. EMS was called to the scene due to Johnson’s

complaint of having difficulty breathing. He was examined there, and transported

to MMH by EMS. Once cleared at the hospital, Bush transported him to the jail.

Although he did not see any of the altercation between Pinkney and Riley,

Bush heard the sound of the ECD’s “pop” as the probes were fired. He did not hear

the arc of the energy release due to the ensuing chaos around him, including a

pitbull which came from across the street until its owner recalled it.

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Afterward, as Sutton was walking his K9 back to his vehicle, that same dog

that came into the yard previously, charged at them. The dog closed to within

several feet from them at which point Sutton “tased” it.

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INTERVIEW: (SYNOPSIS)

Sergeant John Russell:

On December 31, 2019, a sworn, digitally recorded interview was conducted

with Sergeant John Russell. The interview was later transcribed and made part of

the case file (EXHIBIT “E”). The following is a summary of that interview:

Deputy Bush called Sergeant Russell on December 26, 2019, to inform him

he had an arrest warrant for an individual, and was at the residence listed on the

warrant. Bush explained a neighbor stated the individual stayed at the residence,

but didn’t know if he was currently present. The female homeowner told Bush he

could search the residence, but not one room which was locked. Russell told Bush

that legally he could go into the residence, but to check with the Warrants Unit to

get their advice and to see if they might want to help.

Russell did not respond to the scene until he heard a radio transmission with

“commotion” in the background. By the time he arrived on scene, Barbara Pinkney

was already secured in Detective Rushing’s car. Russell’s only other involvement

in this incident was talking with bystanders, and offering to help them file a

complaint. Russell gave a woman, who he believed to be a neighbor, the name of

each of the deputies involved in the incident. He was shown a video, which he

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believes it to be the same video which had been online. Russell stated he saw no

policy violation or excessive use of force on the video.

Russell received a phone call from a woman concerned about Pinkney. The

woman, believed to be Pinkney’s daughter, stated her mother had bad hips, and

needed to go to the hospital for examination. When Russell checked to verify

Pinkney had been examined, he learned that EMS was on scene, and spoke with

Pinkney, but she refused treatment. He also learned the nurse at the jail would not

accept her, and she had been taken to Manatee Memorial Hospital.

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INTERVIEW: (SYNOPSIS)

K9 Deputy Keith Sutton:

On December 31, 2019, a sworn, digitally recorded interview was conducted

with K9 Deputy Keith Sutton. The interview was later transcribed and made part of

the case file (EXHIBIT “F”). The following is a summary of that interview:

On December 26, 2019, Deputy Bush informed Deputy Sutton of a warrant

for Tevin Turner, and asked if he wanted to see if he was home. When they arrived,

no one was outside the residence. Sutton took a position at the rear of the residence

with his K9, Phantom, to prevent escape. From his position he heard knocking

from the front door and the announcement, “Sheriff’s Office, Sheriff’s Office.”

Afterward, he only heard the sound of talking without understanding what was said.

Located at the rear of the house was a set of sliding glass doors leading out of the

residence to a leaf covered back yard where Sutton and Phantom were staged. The

doors were covered on the inside by what appeared to be a blanket.

There was no movement seen by Sutton until the decision was made to call

the Warrants Unit to the scene. That’s when Sutton saw the camera portion of a cell

phone peek along the side of the blanket. When he backed away from the camera,

the cell phone slid out of sight. Sutton’s first thought was the person was looking

for an escape route, but didn’t want to alert anyone behind the house by moving the

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blanket. He concluded this was done surreptitiously to avoid movement or prevent

facial recognition while determining if additional personnel were behind the house.

A black Tahoe pulled up in front of the house, and Sutton assumed this t be

Detective Riley of the Warrants Unit. He then saw Detective Rushing of the

Warrants unit arrive on scene. Shortly thereafter, yelling was heard at the front of

the house. Sutton waited “a minute” because he thought Turner may run out the

rear of the residence, but the yelling continued. He left his position to determine if

the deputies at the front of the house needed his assistance.

When he arrived to the front, he saw Rushing and Bush on the ground

attempting to place handcuffs on a male, and Deputy Taylor at the front of the

residence with another male. He also saw a woman with a child moving in and out

of the house. Additionally, he saw a female neighbor “videotaping” everything as

she approached the scene. This person was also “loud and obnoxious” as she

attempted to go into the house. She had a loose dog which appeared fixated on K9

Phantom. As the dog approached, the woman yelled at the dog, and it went back

across the street. Sutton believed the situation was under control, less yelling which

continued to come from inside the house. He could not react to help that situation

due to having K9 Phantom with him, and the amount of people in close proximity

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to both him and the doorway. Once he determined his help was not needed, Sutton

returned to his original post at the rear of the house.

The total time the rear of the house was unmonitored and unsecure was

approximately two to three minutes. Sutton agreed this provided ample time for

someone to leave through the sliding glass doors, especially given a cell phone was

used to spot Sutton in his position originally. When he returned to his post, the

sliding glass doors were closed. He did not look to notice if anything had changed

from when he had originally assumed his position. He remained at the rear of the

residence until he was informed the house was cleared.

Given his experience with similar situations, Sutton believes Turner was

inside the residence. His only conclusion as to why Turner was not located inside

during the search was that he ran out the back. He reiterated that when he saw the

cell phone appear at the sliding glass doors, he became 100% sure Turner was

inside.

When the search of the house was complete, Sutton came around to place K9

Phantom in his vehicle. As they walked out to the street, the same loose dog from

earlier came across the street toward them. He yelled for the woman to retrieve her

dog, but the dog would not listen to her this time. Sutton pulled his ECD and fired

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what he called, “a lucky shot” which placed both probes into the dog. The dog ran

off, and the woman was irate to the point of wishing Sutton would die.

After he secured K9 Phantom in his vehicle, Sutton went over to talk to the

woman, who was still “videotaping.” When she asked why Sutton shot her dog, he

explained he would rather “tase” the dog than have to shoot it. He then explained

how she could safely remove the probes from the dog, but she had already removed

them. The woman showed the probes to Sutton, but would not allow him to have

them.

Sutton said he could not determine the aggressiveness of the 50-60 pound

pitbull as it approached, but he knows dogs. He said, “As soon as that dog came,

whether he was being friendly or not, the first growl that my dog let out the fight

was gonna be on and I wasn’t gonna take that risk… I was thinking I hope I don’t

have to shoot this dog cause I knew her kids were outside too and that was the last

thing I wanted to do. I mean I’m a K-9 handler. The last thing I want to do is kill a

dog, you know. So I just was hoping that my aim was gonna be good with that

taser.”

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INTERVIEW: (SYNOPSIS)

K9 Deputy Austin Taylor:

On December 31, 2019, a sworn, digitally recorded interview was conducted

with K9 Deputy Austin Taylor. The interview was later transcribed and made part

of the case file (EXHIBIT “G”). The following is a summary of that interview:

Deputy Taylor shadowed K9 Deputy Sutton on December 26, 2019, as part

of the K9 training Taylor was completing. He met Sutton and Deputy Bush to

check a house for Tevin Turner, and make an arrest based on a warrant issued for

him. Although Taylor had not previously responded to 1631 27th Ave. Dr. E., he

had prior contact with Turner, and specifically recalled, without detail, an incident

involving a stolen vehicle. He also remembered frequently hearing the name

“Tevin Turner” in reference to other incidents. Taylor checked his computer’s In

Field Reporting (IFR) system for Turner, saw he had active warrants, and

recognized him through a photograph.

Taylor’s responsibility for this operation was to accompany Bush as backup

at the front door while Sutton went around to cover the rear of the residence. Only

a neighbor was seen as they approached the residence, with no one outside the

residence. He and Bush were both dressed in uniforms identifying them as

Sheriff’s Office deputies; Bush in the authorized summer uniform, and Taylor in the

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authorized K9 utility uniform. Bush knocked on the door, and someone peeked out

at them through the blinds. Bush announced, “Sheriff’s Office,” but there was no

response. Bush waited approximately 30 seconds, knocked again and announced

“Sheriff’s Office.” Again, there was no answer. Bush repeated his knock and

announce again, and Taylor heard a voice was from inside. Bush announced “It’s

the Sheriff’s Office, come to the door.” Approximately 2 minutes after the initial

knock and announce, Barbara Pinkney opened the door, and appeared agitated. She

explained, “Well you didn’t say who you were, that’s why I didn’t come to the

door.” However, Taylor said Bush had knocked and announced “Sheriff’s Office”

a total of four times. He said there could be no doubt the occupants knew the two

people at the front door were Sheriff’s Office deputies.

Bush explained to Pinkney they were looking for Tevin Turner, who had a

warrant, and was using this address. Pinkney stated Turner was not there, and this

was not his house. Bush explained to Pinkney he needed to verify by checking

inside the house. Pinkney told Bush he needed a warrant, and when Bush stated he

didn’t need to have it with him, she offered the deputies a limited search involving

only the rooms which were unoccupied as there were people sleeping. Bush

reassured Pinkney the deputies would be quick. They would come in, peek their

heads in the doors, and if Turner was not there, they would leave. She refused him

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admittance, partially closed the door, and conversed with a female occupant.

Taylor told Bush he believed Turner was inside, and that Pinkney was hiding him.

He justified his position through Pinkney’s slow response to the door, not allowing

admittance, and restricting the potential search effort to solely rooms where there

are no people.

While Bush made contact with his supervisor, Sergeant Russell, for further

instructions, Taylor remained at the front door. Bush then went across the street to

ask a neighbor if Turner lived at the address, and when he returned, he shared the

neighbor’s comment that, “He’s there all the time.” When Detective Riley arrived,

he calmly explained the same information Bush had shared with Pinkney, but

offered her more legal detail from Florida State Statute. A black male in his 20’s,

approximately 6’2” tall and weighing an estimated 260 lbs came out of the house.

Bush asked him if Turner was inside, and the man said no. A second black male

came out of the house. This man was approximately 6’3” tall and weighed an

estimated 300 lbs. The two men stood in the yard while loudly “running their

mouths” with comments such as, “..man, this is stupid,” while Riley continued to

talk with Pinkney. Taylor heard Riley explain to her, approximately five or six

times, that a warrant had been issued for Turner’s arrest, and that the deputies are

allowed to come inside to search for him. Riley patiently pleaded, “...listen, I’m

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giving you an opportunity to step aside, come outside… if you don’t then I’m gonna

have to take you to jail.” Pinkney told Riley he was not coming in her house, and at

that point, Riley placed his hand on the door. Taylor stated Riley exhausted all

attempts to enter the house through the cooperation of Pinkney. He testified,

“(Riley) puts his hand on the door and she says, ‘Well, don’t put your hands on me.’

and he said, ‘Well I’m going to put my hands on you if you don’t step out of the

way… cause then you’re gonna go to jail.’ She goes, ‘Don’t put your hands on

me.’ He’s like, ‘I’m gonna give you one more chance, come outside… otherwise

I’m going to put my hands on you and you’re gonna go to jail.’” At that point,

Pinkney attempted to close the door, and when Riley opened it, the two men from

the front yard rushed toward the door.

Taylor took control of the smaller male while Bush and Detective Rushing,

who was now on scene, took control of the larger male. The smaller male became

cooperative, therefore Taylor placed the man’s hands behind his back, but did not

place him in restraints. He heard a commotion behind him, including hearing

Pinkney scream, followed by the sound of a pop and “click, click, click” which he

recognized as Riley’s ECD being used. As he stood with the man’s hands behind

his back, he determined him to be cooperative and no threat, so he went to assist

Riley. Pinkney was on the floor with both hands clenched underneath, and her

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elbows pointing outward. Riley had a knee in her back, and was attempting to

loosen her arms, but Pinkney was not following his instructions. Riley told Taylor,

“Hey, I need to get her hands behind her back.” Taylor pushed down on her elbow

and twisted her wrist to place her hand behind her back. Riley then placed her into

handcuffs, the two helped her to her feet, and Riley led her out of the house. Taylor

did not observe any injury on Pinkney to include any marks from the ECD. Once

Pinkney was secured in a vehicle, Riley and Taylor searched the house for Turner,

but he was not located.

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INTERVIEW: (SYNOPSIS)

EMS Charge Paramedic Timothy Raines:

On January 4, 2020, a sworn, digitally recorded interview was conducted

with EMS Charge Paramedic Timothy Raines. The interview was later transcribed

and made part of the case file (EXHIBIT “H”). The following is a summary of

that interview:

EMS Charge Paramedic Timothy Raines responded to 1631 27th Ave. Dr. E.

where he was met by a “plain clothes” deputy who explained a female arrestee had

been “tased.” He was led to the rear of a vehicle and opened the door. Raines

advised the female inside the vehicle told him numerous times that she had been

“tased.” He identified himself as a paramedic, and inquired if she needed medical

attention, but she refused. Although, the woman rebuked his request for assistance,

Rains’ conducted a visual assessment, and noted no obvious signs of injury. He

alluded that her resistance for help was due to her belief that he (Raines) was a

member of law enforcement. Rains explained to the woman that he was a

paramedic, asked if she needed anything from him, and she said “no.” The

transcript of this interview was added to the case file.

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INTERVIEW: (SYNOPSIS)

Detective Michael Rushing:

On January 6, 2020, a sworn, digitally recorded interview was conducted

with Detective Michael Rushing. The interview was later transcribed and made part

of the case file (EXHIBIT “I”). The following is a summary of that interview:

Detective Rushing recalled responding previously to 1631 27th Ave. Dr. E.,

but did not specifically remember interacting with Barbara Pinkney during those

encounters. When at the residence previously, which included both arrests and non-

arrest situations, Rushing had not experienced any negative interactions or problems

with the occupants of the residence. He stated he had been there a minimum of

twice before this date, but alluded to possible additional visits.

On December 26, 2019, Rushing and Detective Riley received notification to

assist patrol deputies at 1631 27th Ave. Dr. E.. When he arrived, he saw a large

black male, later identified as Paul Johnson, in the front yard, another black male

standing to the left of the front door of the residence, and Deputy Taylor and

Deputy Bush standing near the front door. Riley was also at the front door, but his

presence was hidden from Rushing’s view as he was between Bush and the door.

As Rushing approached the residence, he heard the distinct “pop” of an ECD being

fired. At that moment, Johnson and the other male charged toward the door. The

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second male complied with Taylor’s instructions to stop, but Johnson did not.

While Bush ordered him back, Rushing grabbed Johnson by the collar of his shirt.

Johnson lost his balance at that point, and Rushing took him to the ground where

Bush joined in the attempt to restrain him. Johnson braced his arms underneath

himself, and refused all instructions from the deputies.

Rushing noticed Deputy Sutton, along with his K9, had relinquished his post

in the rear of the residence to join the fray in the front yard, and used his presence to

his advantage. After Rushing repeatedly issued threats of a K9 bite, the struggle

concluded when Johnson relinquished his hands and was restrained in handcuffs.

As the fray in the front yard occurred, a woman named “Marquez,” a

neighbor from across the street from the incident, approached and announced she

was “Facebook Live” streaming the events in the front yard. When Rushing told

her to move from the front yard to the street, Marquez became belligerent and

cussed at him. Rushing recognized Marquez, but only later associated that

recognition with someone who was either employed at the jail, or someone he had

previous professional contact with at the jail.

Bush stayed with Johnson in the front yard while Rushing entered the house

to discover Riley and Taylor still struggling with Pinkney. Riley had set his ECD

on a chair near where they attempted to restrain Pinkney, and asked Rushing to

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retrieve it for him. Rushing secured the ECD in his rear pants pocket at the same

moment the two deputies secured Pinkney in handcuffs. The ECD did not have a

cartridge attached when it was retrieved from the chair, and he did not retrieve the

cartridge from the residence.

Riley escorted Pinkney to Rushing’s vehicle as it had a caged rear seat, while

the pool vehicle Riley was driving that day did not. Marquez allowed her dog to

run loose, despite Rushing’s repeated requests for her to secure it. In order to

distance himself from the dog, Rushing drove around the cul-de-sac to reposition

his vehicle closer toward the intersection, and awaited EMS. When they arrived, he

asked Pinkney if she required EMS attention, to which she responded, “I’m not

talking to you.” After EMS completed their evaluation of Johnson, Rushing

requested they examine Pinkney. He then asked Pinkney, again, if she would like

EMS to examine her. She approved, and Rushing described the exchange as; “I

said, ‘ma’am, do you want EMS to look at you?’ She said, ‘sure.’ I opened the

door for the EMS guy, he had glasses on, I don’t know his name, shorter guy. He

got down, started talking to her and she thought he was with MSO. He’s like,

‘ma’am, I’m not with MSO. I’m a paramedic. I’m here to help you. Would you

like medical treatment?’ And she got a little belligerent with him and he’s like,

‘ma’am, I’m not with the police. I’m a paramedic.’ And she said something of the

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nature, ‘I don’t want to deal with you,’ or, ‘I don’t want to talk to you.’ The

paramedic closed the door and that was the end of their contact.” Rushing then left

the scene to drive Pinkney to the jail. However, prior to leaving, he saw Marquez’s

loose dog cross the street toward one of the K9 deputies, and that deputy deploy his

ECD to stop the dog.

Pinkney was not forthcoming with providing her personal information to

Rushing in order to complete the necessary documentation for her intake to the jail.

He utilized the Property Appraiser’s website to find Pinkney’s full name, and

DAVID to verify her identity using her driver’s license photo.

Rushing stated the amount of time required for Sutton to leave his position in

the rear of the house, come to the front of the residence to assist, and return to his

position, was approximately three to four minutes. He further explained, given his

fifteen year service with the Warrants Unit, it only takes a person approximately 10

seconds to flee from the rear of a home, and that “minutes” provides an exorbitant

amount of time for escape.

Rushing and Riley have served in the Warrants unit together for

approximately 12 -13 years. In that time, Rushing has heard Riley explain FSS

901.19 thousands of times. When asked, “What is Florida State Statute 901.19,”

Rushing stated it gives him the authority to enter a home as long as the person

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inside has a warrant. He said the number one question he is asked is why he

doesn’t carry the actual warrant with him. He explained that if he were to hold the

actual arrest warrant, and was off-duty when another agency stopped the person

listed on the arrest warrant, they could not effect an arrest. Therefore, all arrest

warrants are kept at a central location. Rushing continued with, “… it’s also an

official document signed by a judge, you don’t want to lose that.”

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INTERVIEW: (SYNOPSIS)

Michael McNeal:

On January 28, 2020, a sworn, digitally recorded telephonic interview was

conducted with Michael McNeal. The interview was later transcribed and made

part of the case file (EXHIBIT “J”). The following is a summary of that

interview:

Michael McNeal lives at 1627 27th Ave. Dr. E. in Bradenton, which is the

first house directly to the east of the residence listed on Tevin Turner’s arrest

warrant, 1631 27th Ave. Dr. E.. He was home in the morning hours of December

26, 2019, and provided testimony as to what he witnessed at that time. It should be

noted that portions of McNeal’s testimony include information refuted by other

facts in this case. McNeal would not distinguish between what he had actually

witnessed, and what he had seen through watching a video or what he heard from

neighbors. His recounting of the incidents gave the illusion everything he

expressed in his testimony was events he personally witnessed without delineating

between the two. Also, the timing and sequence of events does not coincide with

the testimony provided by others who were involved in this incident. It appears as

though McNeal’s recounting of what he witnessed has two parts; the first portion is

when he witnessed the initial questioning of Barbara Pinkney by Deputy Bush, and

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the second portion begins at the moment Detective Riley enters the residence.

McNeal apparently went back into his home between these two descriptors, and

only occasionally watched events through the windows of his house while inside.

McNeal was taking his trash outside when he saw a deputy talking to Barbara

Pinkney. He heard the deputy ask Pinkney if her grandson was there, and heard her

answer, “no.” McNeal then saw the deputy conversing with his neighbor across the

street. He did not hear the exchange, but was later told that the deputy asked his

neighbor if “Tevin” lived with Pinkney in her home. The neighbor, McNeal was

told, said, “I don’t know.” The deputy then asked what kind of car Tevin drove, to

which, McNeal was told, his neighbor said, “I don’t know.”

McNeal noticed Sheriff’s Office vehicles parked in the cul-de-sac for

approximately 20-30 minutes after the first deputy talked to Pinkney. As the

deputies who were standing outside those vehicles approached, McNeal thought the

deputies were coming to his house to speak with him and his son, but they cut

through his yard to get to Pinkney’s residence. He saw a total of five deputies

surround Pinkney’s house; three in the front of the house and two in the rear. One

of the deputies in the rear had a K9 dog with him, and stood near the sliding glass

doors. McNeal heard the deputies repeatedly kick Pinkney’s door, “…determined

to just go in there. I mean they came here, bam-bam. It was like with..like

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somebody tearing up something.” He said when the deputies came up Pinkney was

in the doorway. She explained they needed a warrant to enter the house, but they

simply barged in. He stated she attempted to close the door, but had her hand on

the outside handle and the door jam. McNeal said, “…she had her hand on the

thing and the door and that man just pushed her down, the big fat one, pushed her

down like a football tackle, knocked her to the floor at the same time he did that the

other guy tased her.” When asked how many deputies he saw go into the house,

McNeal answered, “There was two entered the house at first. The fat one and a

skinny one, the other one went around there, and them two barged in and when they

barged in, that’s when the other one went in, so three went inside that house.”

McNeal explained the first deputy through the door was, “The fat one the one

that, the fat man with the gray hair, short cut hair… he’s the one knocked that lady

down like a football tackle… that’s the way he knocked that lady down.” McNeal

further explained how another deputy who entered brought a K9 dog into the

residence with him. When asked if he saw any bite marks on Pinkney when she

was removed from the house, McNeal said, “No, the, they let the dog..the dog will

scare you when it get on top of you, that what they were doing. You understand

what I’m saying? Let the dog on top of her. She down on the floor, not to bite her

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cause you got a, what you call it to go walking, you understand? That’s what I’m

saying. Had the dog walking on her.”

When Pinkney was led from the house, her arm was “jacked all up.” She was

screaming for an ambulance as she was led to the “fat” deputy’s car. An ambulance

arrived, but they did not attend to Pinkney. The paramedics drove past the black car

Pinkney was in to attend to Paul Johnson. He had exited the house with “Tariqi”

sometime during the incident, and Johnson was treated by EMS. EMS put him in

the ambulance, but never checked on Pinkney.

A few times during the interview, McNeal made note that Pinkey was

“steady telling” the deputies they needed a warrant to enter her home; however, he

could not recall any comments made by the deputies in response. When

specifically asked if he recalled anything the deputies said to Pinkney, McNeal said,

“No, they barged in. They just went in.” When pressed for more, he said, “Listen,

when they came up there to her door, they knocked on the lady’s door, and she

opened the door, and they were hollering. She said you need a warrant to come in

my house. I’m watching the one cause the dog’s barking and he right here behind

me on my driveway, I had the guy, the K-9 man with the dog… I didn’t want to

walk up behind him. So by me stepping out in my driveway… looking into her,

and I heard, and she had the door open, and she say you need a warrant, you can’t

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come in. She went to close and that when the man what you call pushed. And that

was it.” When asked to elaborate on his statement of Pinkney attempting to close

the door, McNeal changed his recounting to state Pinkney couldn’t have closed the

door. He described Pinkney’s stance as standing in the doorway with her left hand

on the door jam and her right hand on the outside door handle. He also described

the deputy as having his foot in the door making it impossible for Pinkney to close

the door.

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INTERVIEW: (SYNOPSIS)

Kayla Jones:

On January 28, 2020, I placed a telephone call to Kayla Jones to conduct a

sworn, digitally recorded telephonic interview. The conversation was recorded and

later transcribed to add to the case file (EXHIBIT “K”). The following is a

summary of that phone conversation:

I placed a telephone call to Kayla Jones who was present during the incident

on December 26, 2019, at 1631 27th Ave. Dr. E. in Bradenton. I introduced myself

as a sergeant with the Manatee County Sheriff’s Office, Professional Standards

Division, and asked if she would help with the investigation into the deputies’

actions on the date in question. Initially, she stated she had already spoke with

someone, and explained to them she is not talking to anyone. I reiterated my

position and the purpose of my investigation. She stated she did not want to come

into the office, and I explained a telephonic interview would suffice. She agreed,

but upon the conclusion of swearing her to tell the truth, she disconnected. Further

attempts to make contact with Jones went unanswered.

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CONCLUSION:

Tevin Turner was sentenced to nine months in the county jail, followed by

twelve months of drug offender probation upon conviction of three felony offenses;

carrying a concealed weapon, sale/manufacture/delivery of cocaine, and possession

of cocaine. Probation Officer Aaron Lages of the Florida Department of

Corrections Probation Office was assigned Tevin Turner’s case. On August 27,

2019, Lages explained to Turner that one condition of his probation was that he

must provide truthful and accurate responses to his queries. Lages then instructed

Turner to provide him with the address where he would be living, to which Turner

offered the address of 1631 27th Ave. Dr. E. Bradenton, FL as his residence. Turner

further explained to Lages that he would be living there with his girlfriend. As an

additional condition of his probation, Turner was ordered to abstain from the use of

illegal or non-prescribed drugs. However, a urine sample provided by Turner on

December 5, 2019, tested positive for marijuana. Turner denied the use of

marijuana, and denied having possession of a “marijuana card.” The urine sample

was submitted to an independent lab who verified the presence of marijuana. Based

on the results of the urinalysis, and Turner’s denials, Lages submitted an arrest

warrant to the court for three counts of violation of probation. The warrant was

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signed by The Honorable Lon Arend, 12th Judicial Circuit Court Judge, on

December 13, 2019.

Lages listed the residence at 1631 27th Ave. Dr. E. in Bradenton as Turner’s

address on the warrant. This was the address Turner had originally provided to

Lages as his place of residence. In addition, on October 15, 2019, Lages visited this

address to examine Turner’s living conditions. He learned the home belonged to

Turner’s grandmother, Barbara Pinkney, and Turner was occupying a room in the

back of the residence with his girlfriend. On December 5, 2019, while at Lages’

office for a monthly check-in, Turner explained he was continuing to live with

Pinkney; however, Pinkney was threatening to expel Turner’s girlfriend, and if this

occurred, he would be found at the Salvation Army. On December 12, 2019, Lages

traveled to the Salvation Army to locate Turner, but was informed they had no

record of him seeking residence with them.

On December 26, 2019, Manatee County Sheriff’s Deputy Keith Bush was

assigned to patrol Zone 10 of the East Sector. He was dressed in the approved

patrol uniform with a silver star on the left chest, his last name with the word

“SHERIFF” on the right, and Sheriff’s Office patches on each sleeve. He checked

for active warrants in his area of responsibility, and discovered an arrest warrant for

Tevin Turner with a listed address of 1631 27th Ave. Dr. E.. The warrant was

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verified to be active through NCIC/FCIC. At 0656, Bush met with K9 Deputy

Keith Sutton a short distance from the residence, and at 0710, Deputy Austin Taylor

joined them to approach the residence and locate Turner.

Sutton took his K9, Phantom, to the rear of the residence in order to prevent

Turner from escaping from that area of the residence while Bush and Taylor

approached the front door. Bush knocked and announced, “Sheriff’s Office.”

Someone looked out from the front window at him, but did not come to the door.

He repeated his effort, and after a minimum of a third knock and announce, Barbara

Pinkney came to the door along with another woman who was later identified by

Paul Johnson as Turner’s girlfriend and the mother of his child. Bush explained to

Pinkney that Turner had a warrant for his arrest, the address listed on the warrant

was hers, and that he needed to check to see if Turner was inside. Pinkney refused

him entry saying Bush needed a search warrant to enter her home. Bush

summarized Florida State Statute 901.19, which granted him the authority to enter

without the addition of a search warrant, but Pinkney continued to refuse.

called 911 at 07:21 hours to say, “She had two cops there, with warrants for

” then disconnected. Due to this call ending with a hang-up, the 911

dispatcher called back. told the dispatcher, “Never mind, never mind. You

answered my question at the get-go.” She then disconnected a second time.

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Bush repeated the summation of Florida State Statute for Pinkney several

times, with assurance that he would leave after a quick search verified Turner was

not present. At one point, Pinkney offered to allow Bush a search, but limited this

to certain rooms. Bush explained he would have to search each room to verify

Turner was not present. She continued to refuse him entry.

Simultaneously, at the rear of the house, Sutton saw a cell phone camera peer

out at him from between the sliding glass doors and the blanket covering the doors

from the inside. This was believed done to prevent any obvious movement of the

blanket, and to prevent the operator from being seen while examining the rear of the

house for a potentially unobstructed escape route. As he moved out of view, the

camera was withdrawn.

Bush called Sergeant Russell to alert him of the situation, and was told to

contact detectives from the Warrants Unit for assistance. Somewhere near this

point, two males exited the home; one was identified as Paul Johnson, and the other

as Tariq Turner (“Tariq” for the remainder of this conclusion). Detectives Riley

and Rushing responded to the residence in separate vehicles, arriving minutes apart.

While awaiting their arrival, Taylor stayed at the front door of the residence with

Paul Johnson, while Bush spoke with a neighbor who verified Turner frequents the

residence. When Riley arrived and approached, the front door was open, and Bush

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and Taylor were both on the front porch with Johnson. Riley spoke with Johnson

and asked if Turner was inside. Johnson looked away while stating he was not.

Riley explained Florida State Statute 901.19 to Johnson, specifically if the person

listed on the warrant is discovered inside the residence, others could be arrested for

obstruction. Shortly thereafter, Pinkney came to the door, and Riley was informed

she was the homeowner.

Riley explained the same information to Pinkney, and asked if Turner was

there. Rather than answer, Pinkney asked if Riley was a sergeant. Riley replied he

was not, and clarified he was a Warrants Unit Detective. He again told her an arrest

warrant was active for Turner, and asked if he was home. Again, she did not

answer, but stated Riley was not coming into her home without a search warrant.

Riley also explained Florida State Statute 901.19 authorized him to enter, and if he

finds Turner inside, she could be arrested. He further explained if she obstructed

him, she would be arrested. Additionally, Florida State Statute 901.16 authorized

him to make an arrest on a warrant without actually having it in hand. This was

repeated several times before Riley made the decision to enter the residence to

search for Turner.

Riley’s intention when entering was to search for Turner, not to arrest

Pinkney; however, she pushed Riley in the chest, and kept her right hand on the

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door knob to block his entrance. Riley made the decision at that time to arrest

Pinkney, and took her by the arm to pull her from the residence.

At that moment, Tariq and Johnson aggressively moved toward the doorway

to intervene. Bush pushed the two back. Taylor was able to gain compliance from

Tariq, but Johnson attempted to break free in order to intervene. Rushing, who had

arrived just as Riley made entry, grabbed the back collar of Johnson’s shirt, and

pulled him to the ground. Rushing and Bush struggled to gain control of Johnson

who continued his attempts to get to his feet. Bush delivered distractionary strikes

to his upper torso in order to gain compliance, after which Johnson allowed

deputies to secure him in handcuffs.

The volume of the chaos at the front of the house alarmed K9 Deputy Sutton,

who relinquished his position from behind the residence in order to ensure the

safety of his fellow deputies. As a consequence, the rear egress from the residence

was left unsecure for approximately three minutes until Sutton returned.

Concurrently, the struggle at the doorway between Riley and Pinkney

continued. Due to the deputies’ efforts to control the individuals outside, Riley was

the sole law enforcement officer inside the residence, attempting to restrain Pinkney

while maintaining awareness for Turner’s presence. After approximately 12

seconds, Riley realized additional force would be necessary to secure Pinkney. To

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reduce the potential for harm while quickly gaining control, he decided to employ

his Electronic Control Device (ECD). He fired the ECD, but only one probe struck

Pinkney in the left forearm. Although this caused her to scream from the impact,

the second probe was errant. This failed contact rendered the ECD ineffective due

to the lack of electrical continuity to ensure energy release from the device. With

this realization, Riley removed the ECD cartridge to employ a drive stun of the

device while simultaneously forcing Pinkney to the floor. However, the ECD had

been placed on “safe” prior to the removal of the cartridge which also rendered the

device ineffective. Pinkney continued to struggle with Riley on the floor, and

placed her hands underneath her prone body to prevent handcuffing. Riley placed

his ECD on a chair in order to use both hands to pull Pinkney’s arms from

underneath. As Taylor entered the residence to assist, Riley regained his ECD,

placed it on Pinkney’s back, and released a five second energy cycle. Although he

deemed this third attempted use of the ECD as also ineffective, Riley and Taylor

were then able to secure Pinkney’s arms behind her back and place her in

handcuffs. Riley removed Pinkney from the residence, and escorted her to

Rushing’s vehicle. He opened the door to place her on the rear seat, but she would

not cooperate and became rigid to prevent her placement inside. Rushing stood

with Pinkney while Riley went around to the opposite side of the vehicle where he

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opened the door, reached across, and pulled Pinkney inside. At that point, he

noticed the ECD probe in her arm and subsequently removed it. Rushing stayed

with Pinkney at his vehicle while Riley returned to the residence. Riley and Taylor

searched the residence for Turner, but he was not located.

EMS was called to the scene. Paul Johnson was evaluated due to

experiencing shortness of breath, and transported from the scene by EMS. Rushing

asked Charge Paramedic Timothy Raines to examine Pinkney due to the use of the

ECD. Pinkney was cooperative with Raines, but refused any examination or

treatment. Rushing then transported her to the Manatee County Central Jail.

During Pinkney’s medical examination for intake at the jail, the on-duty nurse

refused entry due to the understanding she had received three discharges from an

ECD, a complaint of a headache in conjunction with hitting her head on the floor,

her age, hypertension and mention of her thyroid, and that she takes a “heart pill.”

Although Pinkney had refused medical treatment prior to intake at the jail, on the

determination of nursing staff, she was ordered to receive further medical

evaluation.

Rushing and Riley escorted Pinkney to Manatee Memorial Hospital where

she was provided CT scan and X-ray examinations. The doctor’s notes concluded,

“Small puncture wound to dorsal left forearm as a result of attempted teasing [sic].

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No active bleeding no fracture appreciated. Patient also had direct discharge of P0

to the thoracic region. X-rays of chest and left elbow are negative. CT scan of

brain and cervical spine are unremarkable. Discharge to jail with prescriptions for

bacitracin and ibuprofen.”

Based upon a thorough review of the facts and conditions surrounding this

incident, Deputy Riley’s actions are determined to be lawful, proper, and in

accordance with agency policy.

Florida State Statute 901.19 states if a peace officer fails to gain admittance

after he or she has announced both authority and purpose in order to make an arrest

by a warrant, the officer may use all necessary and reasonable force to enter any

building or property where the person to be arrested is, or is reasonably believed to

be. On December 26, 2019, deputies from the Manatee County Sheriff’s Office

went to the address provided on an arrest warrant, 1631 27th Ave. Dr. E. Bradenton,

FL, in an effort to effect the arrest of Tevin Turner, whose probation officer wrote

said warrant. The warrant alerted deputies that Turner’s original convictions which

placed him on probation were possession of cocaine, carrying a concealed weapon,

and the sale/manufacture/delivery of cocaine. Multiple factors led the deputies to

believe Turner was inside the residence. The address on the warrant was 1631 27th

Ave. Dr. E. Bradenton, FL. This address matched the address on Turner’s driver’s

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license. Additional people were known to be in the residence. Someone had

surreptitiously peered from the rear of the residence with the use of a cell phone

camera to determine if additional deputies had established a perimeter to prevent

escape. It was a time of day, and day of the year (the day after Christmas), in which

people are most likely to be home. A neighbor verified Turner was frequently seen

at the residence. Barbara Pinkney had offered a limited search of her residence,

prohibiting the search of a particular bedroom. She then withdrew, restricting the

deputies from even entering her home. Her refusal continued despite the fact she

faced her own potential arrest for obstruction. Finally, Turner had previously been

arrested out of this residence on a warrant. All indications at this moment in time

pointed to the presence of Tevin Turner inside the home. Deputies announced their

authority and purpose to Barbara Pinkney, the grandmother of Tevin Turner, and

the homeowner, multiple times, but were refused admittance by her. Given the

totality of circumstances, in order to effect the lawful arrest of Turner, who the

deputies believed was within the interior of the residence, the deputies would need

to enter the home despite Pinkney’s objections.

Furthermore, Graham v. Connor, 490 U.S. 386 (1989), establishes a

“reasonableness” standard for law enforcement in regard to use of force against a

citizen under the protection of the Fourth Amendment. The Fourth Amendment

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"reasonableness" inquiry is whether the officers' actions are "objectively

reasonable" in light of the facts and circumstances confronting them, without regard

to their underlying intent or motivation. The "reasonableness" of a particular use of

force must be judged from the perspective of a reasonable officer on the scene, and

its calculus must embody an allowance for the fact that law enforcement officers are

often forced to make split-second decisions about the amount of force necessary in

a particular situation. In this case, the deputies knew Tevin Turner was in violation

of his felony probation, after conviction of drug charges and carrying a concealed

weapon. They verified his residency. They confirmed through a neighbor that he

was frequently seen at the address. They knew additional people were in the

residence. They knew someone had peered from the rear of the residence to verify

additional deputies had established a perimeter to prevent escape. They knew

Barbara Pinkney was refusing to allow them to search her home for Turner. She

continued her refusal despite being informed of the potential for her own arrest for

obstruction. They were there at a time of day, and day of the year (the day after

Christmas), synonymous with people being home. And, Turner had previously

been taken into custody for an arrest warrant out of this residence. All indications

at this moment in time pointed to the presence of Tevin Turner inside the home.

Given the totality of circumstances, the use of force to enter the residence to search

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for Turner was lawful. When Barbara Pinkney chose to intervene to prevent that

entry, she was in violation of the law. Her continued resistance makes the use of

force to effect her arrest for obstructing justice lawful and reasonable. Faced with

both the known and unknown in this situation, Deputy Riley’s use of his electronic

control device (ECD) is also lawful and reasonable as this was the safest way to

quickly minimize the danger to both Pinkney and himself.

In addition, the “reasonableness” of Deputy Riley’s actions on December 26,

2019, can be established through the examination of the Manatee County Sheriff’s

Office guidance to deputies in General Order 1023, Force and Firearms. Section

5.1, Use of Less Lethal Force, clearly authorizes the use of an electronic control

device in similar situations where deputies are faced with a resisting subject. The

edict requiring an “attempt to achieve control through verbal commands” was met

when deputies explained to Pinkney their legal authority to search for Turner, and

requested she allow them access. Additionally, deputies explained she would be

arrested if she offered resistance to their efforts. When Deputy Riley eventually

attempted to make entry, Pinkney offered active physical resistance, and the

decision to effect her arrest was made. Pinkney’s continued physical resistance

while attempting to block Riley’s ingress, coupled with Riley’s belief that Turner

was inside, and possibly armed, placed both Pinkney and him in a harmful or even

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potentially life threatening situation requiring immediate control. The General

Order states, “When it is apparent that control cannot be achieved through these

means (verbal commands) and there is a reasonable belief that alternatives have

been exhausted or would clearly be ineffective; deputies shall use only that less

lethal physical force/less lethal defense weapon(s) necessary to achieve control.” It

is determined the deputies on scene utilized proper and extensive verbal

communications to educate Pinkney on the law, and to gain compliance. It is

further determined Deputy Riley complied with the General Orders in his decision

to utilize his electronic control device after he was met with physical resistance

from Pinkney.

When Deputy Riley attempted to lawfully enter the residence, Pinkney

interdicted. She pushed him in the chest to remove him from the doorway, and kept

her other hand on the door knob to bar his entrance for an additional 12 seconds. At

that moment, Riley employed the use of his ECD to gain compliance and control;

however, her active physical resistance continued for an additional 85 seconds.

Only after the arrival and assistance of a second deputy was Riley able to safely

place Pinkney into restraints. As a result, Pinkney was arrested for pushing Riley in

the chest, FSS 784.07(2)(b) Battery on a Law Enforcement Officer, and for

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physically preventing Riley from fulfilling his lawful duties as well as ultimately

resisting her own arrest, FSS 843.02 Resisting Officer Without Violence.

Case law supports Deputy Riley’s decisions during this incident:

1. In Johnson v. State, 660 So.2d 648, n.11 (Fla. 1995), the Supreme

Court stated, “We do note that there is no requirement in Florida that the

arresting officer must have the warrant in hand at the time of the arrest, but

must only show the warrant upon request as soon as is practicable. § 901.16,

Fla.Stat. (1987).”

2. Payton v. New York, 445 U.S.573 (1980) and V.P.S. v. State, So. 2d

801, 802-03 (Fla. 4th DCA 2002) both provide that entry into the dwelling of

a suspect with an outstanding arrest warrant requires law enforcement to

satisfy a two pronged test. The first prong requires a “reasonable belief” that

the location to be searched is the suspect’s dwelling. This was met through

the information provided by Tevin Turner to his probation officer, the

address on the arrest warrant for Tevin Turner, and the address on Tevin

Turner’s Florida driver’s license were each consistent; 1631 27th Ave. Dr. E.

Bradenton, Fl. The second prong is a “reasonable belief” that the suspect is,

at that moment, present within the dwelling. This prong is based on

“common sense” factors include the assumption the individual will be home

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in the early morning as supported by V.P.S. v. State, 816 So.2d 801, 802-03 (

Fla. 4th DCA 2002); United States v. Beck, 729 F.2d 1329, 1331-1332 (11th

Cir. 1984); and United States v. Thomas, 429 F.3d 282, 289 (D.C. Cir. 2005),

and/or obtaining verification of the suspects presence by a third party as

supported by V.P.S. v. State 816 So.2d 801, 802-03 ( Fla. 4th DCA 2002);

United States v. Taylor, 497 F.3d 673, 679 (D.C Cir. 2007); and Terry v.

United States, 702 F.2d 299, 319 (2d Cir. 1983) and/or receiving no answer

at the door while hearing noises within, after the police knock and announce

their presence United States v. Lloyd, 396 F.3d 948, 952 (8th Cir. 2005),

Commonwealth v. Silva, 802 N.E.2d 535, 542 (Mass. 2004).

3. In the case of H.A.P. v. State, 834 So.2d 237, 239 (Fla. DCA 2002),

the trial court found a violation of Section 843.02 by a juvenile for causing a

delay in a SWAT team’s execution of a warrant. The Fourth District Court

of Appeal affirmed, noting the juvenile’s actions, “interfered with the law

enforcement officer’s execution” of a search warrant.

Therefore, it is evident, with the totality of the events faced in this incident,

the level of force applied by Deputy Riley was lawful, proper and in accordance

with agency policy. Based on the authority of FSS 901.19, Deputy Riley’s entry

into the residence is legally justified. Based on FSS 901.16, he need not have the

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arrest warrant in his possession at the time of the arrest. Applying Graham v.

O’Connor, a “reasonable officer” would find the circumstances leading to the level

of force used to effect an arrest to be appropriate and legal. Lastly, the General

Orders of the Manatee County Sheriff’s Office authorizes the use of an electronic

control device (ECD) at the level of resistance Deputy Riley encountered, and,

therefore, finds the use of force in this case to be proper and in accordance with

agency policy.

Captain Brian Schnering of Professional Standards and Major Todd Shear of

the Investigative Bureau will review this case.

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