Jan. 04--Dramatic video of a man stunned and struck with a baton by police outside an Orlando lounge has appeared online this week, as a local civil rights organization calls for an investigation.
On Wednesday, records showed that the man, 30-year-old Luis F. Cabeza, remained in jail, and a police spokesman confirmed that no such internal investigation of the incident was underway.
The confrontation occurred about 2 a.m. Dec. 30 outside Blue Martini at the Mall at Millenia. An off-duty Orlando officer who was working there said Cabeza had been escorted from the bar earlier.
An arrest report states the officer ordered Cabeza to leave and warned that he could be arrested. The officer tried to remove Cabeza by force, but said the man elbowed him in the chest.
After the elbow strike, the report states, the officer told Cabeza he was under arrest. When Cabeza continued to walk away, the officer used a Taser, shocking the man twice until he fell.
However, police say that Cabeza continued to struggle on the ground, squirming around, rolling and trying to keep the policeman, Officer Frederick Dantes, from getting him into handcuffs.
Video of the incident shows much of the scuffle. At one point, Dantes climbs off Cabeza and strikes him with a baton. The officer wrote in his report he feared Cabeza was going to kick him.
Other officers arrive later in the video, and continue to struggle with Cabeza. Dantes' report states that the man was shocked twice more with a Taser on the ground and kneed twice on his hip.
Cabeza was taken to Florida Hosptial for treatment of various injuries and later booked into the Orange County Jail, where he is currently being held on an immigration hold, jail records show.
This week, the Florida Civil Rights Association called for a use-of-force investigation into the officers involved in the incident, asserting the officers' acted excessively in arresting Cabeza.
The FCRA said Cabeza was at the lounge for a family member's birthday. His family reportedly suspects he was kicked out because he is gay and was seen by security kissing his boyfriend.
Cabeza's brother, Miguel Cabeza, was also arrested after the scuffle. Police say he behaved agressively, interfering with his brother's arrest and pushing an officer while videotaping the incident.
The FCRA, in its statement, accused officers of arresting Miguel Cabeza for filming the incident with his cell phone. Police spokesman Sgt. Vincent Ogburn denied that allegation on Wednesday.
Ogburn said no complaints have been received from the public, and no internal investigation is currently underway after a standard initial review found no apparent wrongdoing on Dantes' part.
Both brothers face charges of battery on law enforcement. Luis was charged with tresspassing and resisting arrest, and his brother with interfering. Miguel Cabeza has since been released.
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Copyright 2012 - The Orlando Sentinel, Fla.
