VOLUSIA COUNTY, Fla. — A Volusia County man was awarded $165,000 from the county after the sheriff determined that excessive force was used in his case.

  • Volusia man awarded $165,000 from excessive force incident
  • Witness video showed different angle not initially seen by deputies
  • Deputy involved in case has been fired, says sheriff

Pablo Juarez's arrest was a done deal, but witness video showed there was a different side to the story.

"It’s awful. It violates our policy, it violates our training, it violates public trust and to me, the handcuffed prisoner was abused," Sheriff Mike Chitwood said.

The September 2016 incident started with a disturbance call from a nearby school about Juarez. 

Deputy Andrew Jenkins arrived and approached Juarez, who started cursing at the deputy.

Then, the video shows the 31-year-old deputy handcuffing Juarez, who is knocked off his feet, breaking his leg in two places.

"In this case, the guy was running his mouth. He said some things about wanting cops dead and everything else, and I believe that the deputy in this case just lost his temper," Chitwood said.

Two years ago, former Sheriff Ben Johnson ruled the deputy’s use of force was justified after only seeing one angle from the deputy's body camera.

But Chitwood saw the witness video in November 2017 after the Sheriff's Office learned it was being sued and decided the case needed to be reviewed.

"When you looked at the cell phone video, it clearly created a problem for me. We slowed the video down, we blew the video up, we went to our training division and everybody arounds says this isn't what we're trained to do," Chitwood said.

The sheriff said what's tough is Jenkins recently saved a suspect's life at a scene, but also in the past year, his use-of-force numbers were high.

Juarez was no stranger to law enforcement, but Chitwood said he didn’t deserve this type of treatment.

"You don't abuse somebody when they're handcuffed," Chitwood said.

Jenkins was fired at the beginning of April. Now, Juarez is walking away with a $165,000 settlement.

"The message is clear. We are not going to tolerate excessive force," Chitwood said.

Chitwood said Jenkins did give Juarez a memo explaining his actions but didn't apologize. He had been with the department for almost three years. 

The settlement is expected to cover Juarez's previous and future medical bills, and loss of wages after enduring an extensive surgery and rehabilitation.