Details into the 2023 death of an elderly veteran in the Marion County Jail

Dennis DiGenova, 73, died in the custody of the Marion County Sheriff’s Office in July of 2023. [Supplied]

Dennis DiGenova was killed while in the custody of the Marion County Sheriff’s Office. Was his death caused by a battering from deputies or a fight with his cellmate? No determination was made, and no charges were filed.

DiGenova, a 73-year-old veteran from Ocala, died on July 28, 2023, from complications related to a cervical spine fracture sustained while he was being held in the custody of MCSO, according to the District 5 & 24 Medical Examiner’s Office.

DiGenova was involved in two altercations while in custody. While his death has been ruled a homicide, no detention deputies nor inmates have been charged for their involvement in his death.

The MCSO’s Major Crimes Unit investigated the case and deemed that allegations of deputies’ use of force as the cause of DiGenova’s spinal fracture and subsequent death were unsubstantiated.

Upon reviewing MCSO’s internal investigation, the State Attorney’s Office on Feb. 1, 2023, issued a letter stating no criminal laws were violated, and no further action will be taken.

DiGenova served in the U.S. Army during the Vietnam War. He was buried in the Florida National Cemetery at Bushnell for military and veterans.

The “Gazette” obtained extensive medical records, bodycam footage, interview recordings, photos and other records from the law office of Robert Rush, of Rush & Frisco Law. Surviving family members of DiGenova intend to file suit against the sheriff’s office for wrongful death.

DiGenova was being held at the Marion County Jail on a charge of aggravated assault with a deadly weapon without intent to kill after a dispute with his roommate. DiGenova died before he went to trial for the charge, and the case was closed after his death, according to court records.

After spending two days in the jail, DiGenova was sent to AdventHealth Ocala emergency room on July 20, 2023, due to a drop in blood pressure. Medical staff in the jail called 911 after they noticed that DiGenova had not eaten or moved in two days.

In a sworn deposition from a nurse in the jail, DiGenova was described as combative with jail staff when being transported and said DiGenova was vocally accusing jail staff of causing his injuries, the nurse told investigators.

Upon examination at the hospital, he was conscious but was noted to have a difficult time communicating with hospital staff, as he “appeared to be in pain and was speaking very quietly.”

“When asked if he has pain or what happened, patient reports that he was beaten by police,” according to AdventHealth hospital records.

Hospital staff confirmed that DiGenova had a break in his neck. Staffers believed that the injury was causing paralysis to his legs, if not more of his body. DiGenova also needed to be intubated.

He was transported to HCA Ocala Hospital, where he died on July 28, 2023. His medical history included diagnoses of COPD, diabetes and myocardial infraction. He had previously had a surgery to insert a pacemaker, according to medical records.

The use of force incident involved Deputy Justin Douglas, Detention Deputy Jason Lester and Detention Deputy Charles Cicci. There was no video captured of the use of force incident, as it occurred in the change-out room during booking. Deputies used both Tasers and pepper spray on DiGenova during the altercation, according to the investigation conducted by MCSO’s Major Crimes Unit after his death.

Upon his arrival in bookings at about 12:02 a.m. on July 18, DiGenova “appeared to be yelling at staff and acted uncooperatively” during the pat search, so Lester “quickly placed DiGenova against the wall and gained physical control of him,” according to the investigation report.

Then, DiGenova was escorted to the change-out room for intake.

“Corporal Lester and Corporal Cicci took Inmate DiGenova to the floor and ordered him to place his hands behind his back. Inmate DiGenova continued to refuse orders. Corporal Lester advised Inmate DiGenova that if he did not comply, he would utilize his Electronic Disabling Device (EDD),” according to the Green Team use of force report filed on July 18.

The investigation found the allegations against MCSO detention deputies as unsubstantiated because it could not be proven whether DiGenova’s neck was broken during the use of force incident or during an altercation with another inmate, both of which occurred on July 18.

“The investigation revealed several other mechanisms and factors which could have caused or contributed to Inmate DiGenova’s injuries which ultimately led to his death,” according to the report.

DiGenova was also involved in an altercation with his cellmate, Philip Boyer, at about 6:42 a.m. on July 18.  Both men were housed in the Medical Pod. The two men were arguing when Boyer stepped over DiGenova, who was lying on the ground, to get to the toilet. Boyer said DiGenova was verbally bothering him and hit him on the leg. Boyer then kicked DiGenova four times; investigators reported the kicks were directed toward DiGenova’s head and neck area.

During this incident, DiGenova’s body and positioning were obscured from the cameras, so exactly where Boyer kicked is not recorded on video, according to the investigation report.

Boyer testified to jail investigators that he “lightly kicked” DiGenova four times, not with intent to harm DiGenova but to “shut him up.”

Throughout his interview, however, Boyer went back and forth about whether he kicked DiGenova. By the end of the interview, Boyer and the detective agreed that he did kick DiGenova lightly four times.

On July 20, a nurse from AdventHealth made a third-party complaint, alleging that DiGenova told her his injuries of a broken neck, bruises and lacerations were caused by detention deputies.

MCSO filed a Death in Custody Questionnaire with the Florida Department of Law Enforcement that listed DiGenova’s cause of death as a homicide. No other information was provided to FDLE at the time of filing, and DiGenova’s death was listed as still under investigation as of Dec. 8, 2023—five months after he died. The investigation was closed in February of 2024.

Deaths while in custody of the MCSO are reported to the FDLE, as required when the agency applies for grants for state funding. The federal Death in Custody Reporting Act law requires all local agencies to report deaths in custody to the state level, but Florida has no state law enforcing DCRA reporting except if the agency applies for grants.

Editor’s Note:  Investigate This! at The Marshall Project provided guidance to the Ocala Gazette team on how to navigate obtaining information under the federal Death In Custody Reporting Act.

For previous reporting on the Marion County Jail, visit the links below. 

Young woman dies in MCSO custody, details remain undisclosed

Mayra Ramirez needed urgent hospitalization before her death in custody

Family seeks answers in the death of 39-year-old inmate

Whistleblower sues Marion County Sheriff Billy Woods

Six more recent deaths in law enforcement custody come to light

Florida has no law requiring deaths in custody to be reported by local law enforcement

People in the Marion County Jail are suffering. This is why it matters.

Jail footage shows inmate complied with orders before fatal use of force

“Ocala Gazette” lawsuit against MCSO to be reassigned to another judge following hearing

 ‘Ocala Gazette’ sues MCSO over video of jail inmate’s death at hands of deputies

Family of Marion jail inmate who died in custody files wrongful death suit against sheriff

No charges for officers involved in inmate death

Inmate death at Marion County Jail prompts FDLE investigation