Facts: Hollywood police officers responded to a Party City store in response to a 911 call regarding two black males breaking into the store. Upon arriving on scene, officers were told that the suspects had left the store, however the officer’s decided to enter the store anyways to “further investigate.” Upon entering the store, police came into contact with our client and his friend who were at the cash register purchasing a costume. The officers wrote in their police reports that upon attempting to pat down our client and escort him out of the store, he intentionally lowered his shoulder and struck one the officers while walking out of the store. Officers arrested our client for Resisting with Violence, Battery, and trespass.
Outcome: Immediately upon being retained for this case, our paralegals contacted the Party City store where this incident occurred and requested a copy of their store video footage from the night of this incident. Party City staff informed us that they had already provided a copy to Hollywood Police Department and that they no longer had a copy of the video in their possession. Neither the State of Florida nor the Hollywood Police Department had provided a copy of this video to our office, so we conducted depositions of all of the responding police officers and questioned them regarding this missing video. After deposing five police officers, our attorneys were able to discern which police officer obtained the video, and upon deposing that officer, he denied having a copy in his possession. Our office then filed a motion to compel discovery in court, and the presiding Judge issued an order requiring the Hollywood Police Department to turn over a copy of the video footage. Upon finally receiving a copy of this missing video, it was clear that the police officer’s had not been truthful regarding the events that occurred, as the video made it very clear that our client did not intentionally strike any police officer, nor did he resist with violence as alleged. Upon bringing this video to the attention of the State and speaking with the assigned prosecutor, the State agreed to drop the Resisting with Violence felony charge as well as the misdemeanor Battery charge.