Manatee County Sheriff's Office Internal Affairs Report

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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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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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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CRIME SCENE:
Interior of the residence located at
1631 27TH Avenue Drive East
Bradenton, FL 34208
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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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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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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”)
26
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
27
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,
28
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,
29
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
30
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
31
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
32
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
34
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.”
35
Deputy Keith Bush:
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
37
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
38
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.
39
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.
40
Sergeant John Russell:
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
41
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.
42
K9 Deputy Keith Sutton:
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
43
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
44
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
45
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.”
46
K9 Deputy Austin Taylor:
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
47
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
48
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
49
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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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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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
54
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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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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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
76
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
77
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
78
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.
79

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MANATEE COUNTY IAC#2019-10064C

SHERIFF’S OFFICE DETECTIVE JASON RILEY

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

Exhibit - GG E-mail chain with witness informaiton

Interior of the residence located at

1631 27TH Avenue Drive East

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

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

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

to Manatee Memorial Hospital for further evaluation. Pinkney was transported

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

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

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

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

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

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

later time, and he provided them with that information.

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

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

The dog yelped and ran away.

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

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

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

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

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

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

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

received at 07:21 hours from phone number from ;

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

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

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

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

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

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

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

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

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

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

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

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

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

case file. (EXHIBIT “DD”)

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

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

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

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)

Affidavit Violation of Drug Offender Probation notes Officer Lages instructed

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

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

LOCATION / LAST KNOWN ADDRESS 1631 27TH AVENUE DRIVE EAST

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

Manatee County Sheriff's Office Internal Affairs Report

Manatee County Sheriff's Office Internal Affairs Report