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Deputy Convicted Of Battery
January 21, 2012
An Escambia County deputy was convicted Friday of misdemeanor battery; he was originally charged with felony battery.
Deputy Zachary McArthur was charged in connection with a December 2010 incident at the Escambia County Jail. According to the State Attorney’s Office, McArthur battered Justin Johnson while he was being detained at the jail. As a result of the incident Johnson received 11 stitches for an injury to his face. The entire incident was captured on video.
According to court records, Johnson went to Chan’s Nightclub on December 8, 2010, a week after a deputy had told him to leave the business. Johnson said he did not see deputies at the nightclub during a four to five hour period until Deputy McArthur and a bouncer snatched him from his seat and taken outside where he was placed in the deputy’s cruiser.
Johnson told investigators that he was never told he was under arrest. He said that he remembered arriving at the Escambia County Jail where his head was slammed into something before blood poured down his face. Johnson said that while in the jail’s booking area, he made the statement that he wanted to kill himself just so someone would get him medical attention.
A State Attorney investigator said he viewed video from the jail’s booking area at the time of Johnson’s arrival with Deputy McArthur. According to the investigator, a black male and three other deputies, one of which was a sergeant, were also in the booking area.
The investigator stated that McArthur used his upper body to throw Johnson to the floor. “Deputy McArthur then grabs Justin Johnson by the handcuffs and drags him about 3-4 feet and leaves him lying on the floor bleeding,” State Attorney Investigator Richard Furmaniuk stated. “After Justin Johnson is dragged to the front of the bench, you can see the trail of blood on the floor, from Justin Johnson’s face.”
Furmaniuk said the video shows that Johnson is left on the floor for four minutes with no medical attention from McArthur or any of the other deputies in the booking area.
The incident was investigated by both the State Attorney’s Office and the Florida Department of Law Enforcement.
Comments
17 Responses to “Deputy Convicted Of Battery”
David now I agree with you, many deputies don’t care and put forth the effort to put together a case so the state has an open shut case.
REGARDING:
“a person need not be informed of their rights just merely because they are “Detained” by definition of the fourth amendment. A detention vs an arrest require different sets of rules and tactics. A persons Miranda warnings do not need to effected until a person is being put in a spot to which they could possibly incriminate themselves. ”
Suit yourself, but if failure to read Miranda rights results in guilty people being released to prey upon other common citizens, I will regret it was not done as will the future victims. I’m not as concerned with the rights of predators as I am with the safety of their potential prey. Sometimes those charged with stopping predators seem to become predators themselves, but I’m assuming good faith actions here.
David for protecting the weak
Sounds to me like the guy lost it. As hard as the LE works they do not need people like him representing them, their department. And, furthermore we the people don’t want people like representing us either. So far as the others they too should be accountable for this incident. To stand back and allow this to happen is to condone it just as if they had done it themselves. I hope they are charged as well. None of us on either side wants nor needs this to happen. The police or the citizens.
Just saying if your wrong then you pay for it. If you can’t show respect when you are representing the enforcement then move on and get another job that you can handle. You do not have to inflict harm upon someone to show how supreme you think you are.
Dear Mr.green, I understand that you take your time In posting that incredible response, however there are some things you are missing. Being a law enforcement officer with ecso, and an avid reader of case law, my follow common citizen, a person need not be informed of their rights just merely because they are “Detained” by definition of the fourth amendment. A detention vs an arrest require different sets of rules and tactics. A persons Miranda warnings do not need to effected until a person is being put in a spot to which they could possibly incriminate themselves. The reason this was brought up was because the article had mentioned something related to this topic. I do not condone McArthur s actions, and his actions are what places a bad name to the rest of us.
I totally agree that the others that’s stood there and just watched are just as quilty as deputy mcarthur! I dont understand why the Sherrif felt they did no wrong. From what I understand, one of them (that stood and watched), resigned right after this all took place or right after this all came out, can’t remember exactly when. Since the deputy has been convicted, does that mean he will not be able to be a deputy anymore? Was he on unpaid leave?
Ok so when this all started I seen the tape over, and over, and over again. I’m glad that police are finally being held accountable for miss use of their authority……..BUT what about the other people??? The video shows McArthur walk in with Johnson and it shows other jail staff too. They stand right there in sight of the camera as Johnson lays there bleeding and they never go to his aide either…..aren’t they just as guilty?? Or does guilt by assosciation only apply to us “common folk” with no badge?!?
Now, will there be a cover up by the sheriff? This “deputy” was caught, convicted, and will be sentenced. Will he be dismissed or given a metal?
same happens in Alabama they think they think just because they have a badge and gun they can get away with alot of things and abuse it and talk to people in the most disrespectable ways.there are some that do there job well and some who are crooked themselves,i think they should re do all of them and get the bad ones out and leave the good ones on.people in these jails&prisons get treated unfairly.i know from experience.just saying
REGARDING:
“- – - common citizens have a misconception about ” reading them their rights”.
Just because you are arrested and put in a cop car or even taken to jail and the officer never talks to you, your Miranda rights do not have to be read. Only when you are being asked questions that would incriminate oneself.”
I’m not sure why anyone thinks Miranda rights come into play in this case, but then I’m just a common citizen and stay confused most of the time anyway. I have heard of statements being thrown out after arrest but before reading of Miranda rights, though, so I checked it out and noticed from http://usgovinfo.about.com/cs/mirandarights/a/mirandaqa.htm :
“Q. Can police arrest or detain a person without reading them their Miranda rights?
A. Yes, but until the person has been informed of his or her Miranda rights, any statements made by them during interrogation may be ruled inadmissible in court.”
Also:
“Q. At what point are police required to inform a suspect of their Miranda rights?
A. After a person has officially been taken into custody (detained by police), but before any interrogation takes place, police must inform them of their right to remain silent and to have an attorney present during questioning. A person is considered to be “in custody” anytime they are placed in an environment in which they do not believe they are free to leave. Example: Police can question witnesses at crime scenes without reading them their Miranda rights, and should a witness implicate themselves in the crime during that questioning, their statements could be used against them later in court.”
(So putting them in the back seat in hand cuffs counts. The fellow probably figured out he was under arrest.)
David for being on the safe side
I guess common citizens have a miss conception about ” reading them their rights”. Just because you are arrested and put in a cop car or even taken to jail and the officer never talks to you, your Miranda rights do not have to be read. Only when you are being asked questions that would incriminate oneself.
It doesn’t matter if the video had sound!! The deputy intentionally did this and I for one was glad to see him punished instead of getting away with it.
We should not allow people who abuse the power we give them to ever carry a badge and gun again anywhere. We all know officers who are this hard. The Officers and Sargent who stood by and did nothing are just as complicit and should lose their badge and guns as well, how could anyone trust officers this hard and lawless again.
It is a shame, shame, shame…..
I agree with oakgrove on this.
Come on now…..whats it matter if his rights were read. Does that give anyone, especially one swore to upheld the law an excuse to batter on a prisoner…..seems to me like the cop just wanted to act hard on a defenseless person….this is inexcusable, regardless of if it’s a prisoner or not
There are many good deputies out there. Maybe this one had just had enough of the trash they get called by people they arrest.
My hesitation is ….. Was he too drunk to remember if he had been read his rights??? And did the video have sound???
I am glad to see one person get justice for being mistreated by a deputy. I realize that deputies have a very dangerous job, but once that person is in custody they have no right to abuse them. Also, When deputiesabuses and injures someone who is disabled before taking them to jail and can’t charge them for what they take them in for. It’s wrong for them to lie and make charges on them and make threats to them and another’s life. When that person pleads for medical attention and to go to the hospital and is denied. This was done just to make that person have to be arrested. Also, the person was never read their rights. They no longer need a badge. I do have family in law inforcement and support them 100% but their are some people that should not be allowed to be officers they are just as dangerous as the criminal’s that beat and harrass you and hide behide a badge.