Hearing on “Gazette’s” lawsuit against sheriff scheduled for Monday

Crime scene photo of the cell at Marion County Jail where Scott Whitley was killed. He was held in the cell without clothing, bedding, or medication for days.

A final hearing in Circuit Court has been set for Monday, Aug 12 on the “Ocala Gazette’s” lawsuit against the Marion County Sheriff’s Office over its refusal to release public records relating to the Nov. 25, 2022 death of inmate Scott Whitley in the Marion County jail.

The “Gazette” seeks to obtain surveillance footage from Whitley’s jail cell that purportedly shows several detention deputies using what Whitley’s family claims was excessive force against the inmate to gain his compliance. Over the course of the 12-minute altercation that led to Whitley’s death, the nine officers involved deployed Tasers 27 times and used pepper foam and physical force to subdue him.

The lawsuit asks Circuit Judge Steven Rogers to determine whether the records the newspaper is seeking are subject to disclosure; to find that MCSO had a duty to disclose these records; to find that MCSO’s delay in releasing the records was unjustified; to find that MCSO’s refusal to release the records was unlawful; to order MCSO to permit the “Gazette” access to the footage without delay; and to award the “Gazette” compensation for attorney’s fees, costs and expenses accrued.

Even if the footage was exempt, as claimed by the sheriff, the judge could overcome the exemption by ruling it must be released because it is a matter of public interest. Such was the case when news outlets successfully sued for the release of surveillance video footage of the 2018 Parkland high school mass shooting in order for the public to understand the questionable police response.

The MCSO has refused to provide the cell footage to the “Gazette” citing exemption under Florida Statutes §119.071(3)(a)1 and §281.301, which allows video surveillance to be shielded from the public if it would compromise the facility’s security.

In its suit, the “Gazette” claims a video of the inside of a single jail cell does not compromise security of the entire MCSO jail complex.

The family of Scott Whitley, his sister Pamela Whitley, told the “Gazette” they would be attending the hearing and if asked would testify in support of the judge granting the “Gazette” request. Whitley’s family has seen the video and wants it released to the public.

The family recently settled their federal lawsuit for six figures for reasons related to the frailty of Whitley’s parents. “They are a shadow of themselves,” Pamela said. “I knew if they were put on the stand, it would destroy them.”

However, Pamela told the “Gazette” that the video must be made public so that better solutions can be found for handling those with mental illness.

“There is no way that this was an isolated event because it was handled so barbarically,’’ she said. “No thoughtful procedure is reflected in the video. It was an ambush, and then they dragged my brother on his face on that the dirty jail floor. You aren’t going to a country club, I get it, but the inmates should still be treated humanely.”

She continued,  “No one with any moral compass would watch the video and think how my brother was treated violated oaths officers were sworn to uphold.”

Whitley, 46, was diagnosed as schizophrenic and bipolar and was being held as a suicide precaution inmate. Whitley was denied his medication and was kept naked and alone without bedding, forced to sleep on a concrete slab.

Whitley was awaiting trial after being arrested on charges of violating a civil injunction from his parents and resisting an officer with violence when they tried to remove him from his parents’ home. Whitley’s parents, Scott Whitley Jr., 81, and Margaret Whitley, 77, filed the injunction in 2022 to have him removed from their home because he was unmedicated for his mental health conditions.

Pamela says her brother’s worst schizophrenic fear was men with guns. Whitley was held in custody under the state’s Baker Act eight times in Marion County.

Whitley’s elderly parents said they feared for their safety at times due to their son’s symptoms of schizophrenia and his strength, and they wanted to prevent his actions from escalating into violence. Whitley had no prior criminal history, and his family told the “Gazette” that when he took his medication, he was pleasant.

According to the autopsy report, the medical examiner ruled Whitley’s death a homicide because of “cardiac arrhythmia during physical restraint by law enforcement.” He also suffered from an enlarged heart and liver, lack of oxygen to the brain, and brain hemorrhage among other conditions, according to the autopsy report.

Six of the nine deputies involved in the incident entered Whitley’s cell. The Florida Department of Law Enforcement conducted an external investigation into the incident, the findings of which were shared with State Attorney Bill Gladson, who decided to not pursue criminal charges against any of the deputies.

Prior to filing the lawsuit, the “Gazette” asked the MCSO to be allowed to view the footage, rather than receive a copy of it to share with the public. This, too, was denied.

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The public is welcome to attend the hearing, which is set to begin at 10 a.m. in the courtroom of Circuit Judge Steven Rogers in the Marion County Judicial Center, 110 NW First Ave., Ocala.