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Deputy Sentenced To Jail Time
February 3, 2012
An Escambia County deputy was sentenced to jail time Thursday.
Deputy Zachary McArthur was convicted last month of misdemeanor battery after originally being charged with felony battery. He was sentenced to 10 days in jail and one year probation.
If he successfully completes his sentence, his record will be cleared. McArthur remains on unpaid leave from the Escambia County Sheriff’s Office as they continue an internal investigation.
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.
Comments
31 Responses to “Deputy Sentenced To Jail Time”
Willis and Molino Jim…. I am not anti leo in the least. In fact I have known Duerwood so long that I have always called him uncle Duerwood because he was related to my uncle Jim Willis. I have many friends that are LEO, actually too many to list. My point in the matter is that it was on video, he was convicted and if it were joe citizen he would get more time and no expungment. I feel that he should have received the amount of time the normal joe citizen would have gotten.
I grew up with the upmost respect for authority and still have respect, but, LEOs today are not the same as when Uncle Duerwood was an officer, they are more gungho. You mentioned how this man did good deeds, all of you LEOs have done good deeds from time to time, but, that does not excuse what he has done!
REGARDING:
“ Any LEO charged for battery would be found guilty in the court of law based on the statue, if the state wanted to issue a warrant. Battery is to touch without permission, if a LEO or a non LEO was to frisk or handcuff someone without permission they would be guilty of battery. Deputy McArthur was guilty of battery from the time he testified that he handcuffed Mr Johnson”
Actually, use of necessary force is permitted. For example, frisking someone being arrested is permitted lest he have a weapon and harm the officer or others.
Florida statutes 2011: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0776/Sections/0776.05.html
“776.05 Law enforcement officers; use of force in making an arrest.—A law enforcement officer, or any person whom the officer has summoned or directed to assist him or her, need not retreat or desist from 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:
(1) Which he or she reasonably believes to be necessary to defend himself or herself or another from bodily harm while making the arrest;
(2) When necessarily committed in retaking felons who have escaped; or
(3) When necessarily committed in arresting felons fleeing from justice. However, this subsection shall not constitute a defense in any civil action for damages brought for the wrongful use of deadly force unless the use of deadly force was necessary to prevent the arrest from being defeated by such flight and, when feasible, some warning had been given, and:
(a) The officer reasonably believes that the fleeing felon poses a threat of death or serious physical harm to the officer or others; or
(b) The officer reasonably believes that the fleeing felon has committed a crime involving the infliction or threatened infliction of serious physical harm to another person.”
@ Char Just out of curiosity have you ever pushed, slapped, or just put your arm around someone without asking their permission first? I will agree with you saying the deputy is a criminal because he was found guilty and I try to have faith in our judicial system. However the laws and statues that govern this situation are not black and white, there is alot of grey area that can’t be addressed. Any LEO charged for battery would be found guilty in the court of law based on the statue, if the state wanted to issue a warrant. Battery is to touch without permission, if a LEO or a non LEO was to frisk or handcuff someone without permission they would be guilty of battery. Deputy McArthur was guilty of battery from the time he testified that he handcuffed Mr Johnson, you could remove all other evidence from the case for or against Deputy McArthur and the verdict would be the same based on the statue. I was born 1976 and have never been arrested or sat in a police car
I am a Deputy. I love my job and do it to the best of my ability. No matter what you say or how you feel about me and my brothers and sisters in green, I will still give my life or whatever it takes to protect you and your loved ones from harm.
I praise them as I see’s them and vise versa.
What I do know is I am not a criminal and I now can not say the same
foir this officer.
I don’t hate all LEO’S, where have I ever said THAT.
To all of you who get bent out of shape everytime one of the LEO’S, YOUR KIDS,
or FRIENDS get talked about in a negitive fashion on here, REMEMBER THIS. WE are not the CRIMINALS it is YOUR LEO’S, KIDS, or FRIENDS.
I don’t hate ALL LEO’S. I have never been on the wrong end of the law, but
I have been a victim. THEY don’t want to hear MY STORY so I don’t WANT to HEAR THEIRS
I praise them as I sees them and vice versa!
Thank you molino Jim and Willis ………from the wife of a Escambia county deputy….good to know some ppl out there are thankful for the job they do every day ….I say a prayer everytime he goes out ! …You never know what the next second holds . I am very proud of our deputy’s and our city police ,,
For all of those who are so anti LEO’s. Does what happen in Mobile today make you feel better. There is a thin blue or green line between you and all sorts of people you don’t want to think about. Each day they go on duty and face things and see things that people should not have to face or see. A child beaten to death by a “loving” parent, a person killed in a wreck and the LEO having to tell the family the person will not be coming home, a small child raped and so many other things that the officers have to live with every day. The LEO’s family never know if this will be the day they will not see their loved one again. After all of this having some jack ass go on line and trash talk them. Easy to understand why there is a large turn over in LEO’s. Those who know so much about how to do the job should spend 600 class room hours getting certified and try the job on for size. Enjoy your days of sitting in court and have the person that was arrested not show up. The field is open—if you think you can do it better—go for it.
Hypocrites! You want to put a Deputy McArthur down and demand that he be fired from the ECSO because he was found guilty of battery. Does the names Phillip Monier, Sam Parker, Chad Brown, and Jeremy Cassade sound familiar to you? If not I’ll refresh your memory, Phillip Monier was the dirt bag that shot the 3 deputies in a hostage standoff. You guys made comments that the Deputies should have killed the dirt bag when he was arrested minutes after shooting the officers. Deputy McArthur was the first deputy to enter the home and make contact with Phillip Monier after the others deputies were drug to safety. Deputy McArthur could’ve and should’ve killed Phillip Monier that day but, he followed department policy and arrested him. Deputy McArthur received a Metal of Honor for his role on that day and was praised by the public for his actions that day. He was and is a good officer. The States Attorney painted a story in court that a handcuffed person is not a threat to an officer, look what happened this afternoon in Mobile. ! A officer lost his life and 2 other officers were hurt by a handcuffed person……
To all of you condemning all of the deputies, please think before you make such a statement. Do NOT judge them all based on the actions of one individual. And I bet when the time comes when you need them, you won’t hesitate to call. Most people have no idea what a typical shift entails for any LEO. My father was a policeman and detective for many years, and I can tell you it’s more than just riding around in a cruiser. It’s an extremely demanding job, both physically and mentally, but it’s also very rewarding. Many, many years ago, I rode with my dad and his partner several times, and was in awe at what happens after most people go to sleep at night. It’s a totally different world after dark. So rather than condemning them all, why not thank one for the job he or she does.
@ B.Bunny you have said everythang I wonted to say….you have hit it rite on the nose. My husband is a deputy and I know exactly what you’re saying.
@ john … Escambia county police are no good!….well since you feel that way …please do not call them when you have a accident or someone steals from you Ect….. Ok sounds good to me …..I promise you …you could not do the job that these men and women do on a average work day !
I know, let’s keep voting democrat. Their famous for their “get tough on crime” stance. :-/
@oakgrove: after the ECSO let’s him go and they will. He will more than likely lose his credentials and be blacklisted from L.E. so no need to worry yourself about him protecting your home and loved ones.
@Char: I guess you missed all the news reports about all the
Local L.E.O’s in the last yr.
To those of you that think that all L.E are horrible I dare you to walk one day in the life of a Leo. You’d wet yourself and wake in the middle of the night with fits over what they see on a daily basis.
My b/f is a leo and every day that he goes to work I worry about whether today will be the day he doesn’t make it home. I have to be his best friend and sometimes hear things I don’t want to hear. I don’t want to hear about child abuse or neglect,a young mother,daughter,sister or wife scratching the skin off her arms because she sees meth bugs under her skin,peoples lives being cut short because of drunk drivers or children seeing their rolemodels being lead out in handcuffs after the police kicked their door in before daylight so instead of lumping all policemen with a few bad apples why don’t you try shaking the hand of a police officer today. Smile big as you look them in the face and say thank you for protecting me and my loved ones from the bad things in life. Thank you for being willing to sacrifice everything to protect me. To agree that what you do is worth making your wife a widow and children fatherless. If after reading this you still can’t find compassion in your heart for these men and women then the next time you need a police officer to help you call a crackhead instead. You might get the results you were after
What the officer did was wrong but I would have done the same thing. Dealing with criminals today and the disrespect they have for the officers and us as well, I would have pile drove him to the floor. You thinks there was wrestling going on here. If we don’t get a hold of this criminal problem this country has there an’t enough locks in the world to protect us. The things that go on in the jails today and on the street would scare most of you. They will spit on you, throw there poop at you, cuss you out and then smile at you because they know there an’t anything you can do. I say no, if they can do these things, then its open season and whip ass time. I would walk thru that jail and dare one to look at me wrong, it would be the last thing he look at for a while
@ MC or be thankful you were tazed and not shot….
ANSWERING:
“Why was the deputy punished? ”
He was punished because he broke the law.
David in a complex world
And the next time they come into your yard and taze you for nothing, remember they’re just doing their job
@ John……. If you think the Escambia County deputies are no good, the next time someone breaks into your house and holds your family hostage while you’re not home, make sure you tell the 911 operator to NOT send them!!!!!
The sad thing here is the officer probably got a longer sentence than the criminal.
Why was the deputy punished? ? He was just doing his job..the thug got what he deserved.he was in jail for a reason.
What’s not right is that he was prosecuted at all. There was no battery. This guy was clearly being uncooperative and the deputy snatched him into the room that the man was refusing to go in. Cops don’t stand a chance in a jury trial because people these days are so polluted by the press. The only injustice was to the deputy. Shame on you State’s Atty Office. and shame on the person who gave them the video to misinterpret. This is the reason that it is hard to find good people who want to be police officer’s anymore. The “people” don’t want them to “police”. They want servants. Twenty years ago, the man who resisted would have gotten a flashlight to the head and would have never thought about acting like that again. You reap what you sow people.
I think it’s insane he was punished at all!! I don’t think cops should be allowed to terrorize or assault people but he’s dealing with a criminal here.
THERE is NO such thing as SIMPLE BATTERY and I know a lot of about IT~!
THIS IS A TRAVISTY OF JUSTICE…..
I AGREE WITH OAKGROVE.,
It just goes to show you, our LEO’S are ABOVE THE LAW.
I am sure that is NOT the way ANY OF US INTENDED.
People this is not right………… If it had been me or you, we would be left with a record. This man does not ever need to carry a badge again. We have to stand up to this judical system.. We are little and few, but we have right, and it’s time to stop allowing our judical system to give slaps on the wrist. The law inforcement system needs to be cleaned out…….. Still I am not talking about all the good and hard working law inforcement officers out there. I support you 100%.
@ John….this kind of crime? I’d like to know what you know about battery? The state statue defines simple battery as ” to touch or strike another person without the persons permission “. What do you feel would be more in line for a simple battery sesentencing, life, 30 year, death?
what a joke, look at the other people chaged with this type of crime, longer jail time, loner probation,and fines….this is a total SCREW UP on the state part…..
Will this man be dismissed from the sheriffs office? He should be. This type of action only causes the real men in the sheriffs office to be hard timed for something they did not do. But this is the deputy that is allowed to carry a gun, tazer, pepper spray, and handcuffs.
He has been tried, found guilty, and sentenced. When he gets out of jail, fire him and never allow him in law enforcement anywhere.
That’s kind of a light sentence for this type of crime, but he’s a cop if anybody else did this it would be a serious crime, Escambia County police are no good!!!
This officer was convicted and all he gets is 10 days in jail and a year probation. After completion his record will be expunged? This is ridiculous. He will be able to go to another state and get a job doing the same thing and no one will know what happened, as, when you do a background check it will not show up and an employee check (they can only say he was terminated or quit, hirable or nonrehirable) will do no good either. This is ashame!
That’s it?!