JEFFREY L. ASHTON STATE ATTORNEY LUNDA DRANE BuRDICK F Cer assistant Sia aOR NINTH JUDICIAL CIRCUIT : ORANGE AND OSCEOLA COUNTY, FLORIDA nite assistant eran Smauiste October 8, 2015 John Mina Chief of Police Orlando Police Department 100 S. Hughey Ave. Orlando, Florida 32801 Dear Chief Mina: ‘This letter details my review of the June 4, 2015, ineident wherein Officers David Cruz and Charles Mays engaged in a use of force during the arrest of Noel Carter. This review is undertaken to determine whether or not criminal charges are an appropriate response to the use of force in this instance. Florida statute 776.05 states, “A law enforcement officer, ... need not retreat from or stop efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. The officer is justified in the use of any force that he or she reasonably believes necessary to defend himself or herself or another from bodily harm while making the arrest.” In my opinion the force used by the officers was in each instance a reasonable response to resistance offered by Mr. Carter. It is clear to me, from the statements of the officers and independent witnesses, that the officers’ objective, at all times during the encounter, was to obtain compliance with their lawful orders, Had Mr. Carter complied with their orders and calmly submitted to the application of handcuffs uring the initial encounter, I am confident that no force would have been necessary. Each subsequent use of force appears to be a reasonable escalation based upon either the failure of previous attempts to gain that necessary compliance or Mr. Carter’s decision to escalate his resistance. | feel it necessary to directly address the much viewed video which captured the end of the confrontation, While it is understandably disturbing to see video of an individual seated on the ground being kicked by an officer, the immediate question one should ask is why, ‘The reason the officer chose to use that particular method to gain compliance is clear when viewed in the context of the entire incident. ‘These officers began using minimal force to effectuate the arrest, which failed due to the resistance of Mr. Carter. Over the course of a lengthy encounter, the officers wlilized four additional non-tethal methods to obtain compliance, all of which were ineffective. Many of the methods used placed the officers at risk of injury by placing them in close contact with Mr. Carter. Taken in that context, itis understandable that Officer Cruz would perceive that the only safe way to take Mr. Carter into custody was with him face down on the ground, 415 NORTH ORANGE AVENUE - BO, BOX 1673 - ORLANDO, FLORIDA 32801 407-836-2400Despite numerous orders to assume that position, Mr. Cater was still unwilling to comply. I find it quite reasonable that officers would choose a method to apply the force that would allow them to maintain distance from Mr. Carter and limit the possibility of his physical response. I note in the video that the strikes are all administered with what appears to be the side or bottom of the foot and are aimed at the muscle mass of the upper arm, both of which are techniques designed to limit the possibility of serious injury. The blows are preceded by clear commands and the moment compliance is obtained the use of force ceases, For all of the reasons outlined above there is no legal basis for any criminal charges against either officer. ae State Atiomey Cc: Danny Banks, Special Agent in Charge, Florida Department of Law Enforcement, Orlando