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

Scott Whitley was being held in solitary confinement in the Alpha Pod of the Marion County Jail, where he was killed after nine involved deputies deployed Tasers 27 times and used pepper foam and physical force to subdue him.

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Posted September 25, 2024 | By Caroline Brauchler
caroline@ocalagazette.com

Footage obtained through the “Ocala Gazette’s” lawsuit against the Marion County Sheriff’s Office showed that inmate Scott Whitley exhibited no physical violence toward Marion County Jail detention deputies before he was rushed to the floor, restrained and hit with a Taser 27 times over 12 minutes.

Whitley died in custody on Nov. 25, 2022. The medical examiner ruled his death a homicide.

“Gazette” staffers were allowed to view the footage on Sept. 23, but not to obtain a copy or publish the video footage. Contrary to initial reports from the sheriff’s office that claimed Whitley refused to comply with guards’ orders, the footage shows the inmate sitting as ordered and, when he sees the guards rush towards him, he raises his hands in defense and pleads “no” and “wait”—to no avail.

Whitley showed no physical violence toward jail staff at the time of the incident, only minutes earlier verbally refused to comply with deputies’ orders to be handcuffed at the door for a cell inspection that the sheriff’s office described as “routine.”

Whitley, a diagnosed schizophrenic, was being held in solitary confinement and was not allowed any clothing or bedding, a precaution often taken out of concern that those items could be used by an inmate to harm themselves or others or to attempt escape.

Whitley was unmedicated for his mental disorder at the time.

Based on an evidentiary hearing held on Aug. 12, Circuit Judge James Baxley found that the “Gazette” had proved that it was in the public’s best interest for the footage to be released, but in order to protect the security of the jail facility in accordance with Florida Statute 119.071(3), the “Gazette” would only be allowed to view the footage and not publish it or release it to the public.

The “Gazette” sued to obtain the footage of Whitley’s death in order to confirm the narrative of the events that transpired, and to bring awareness to the greater societal problem of the treatment of the mentally ill, in and out of correctional facilities.

The timeline

Whitley was taken into custody on Nov. 16, 2022, and was taken to the Marion County Jail after he was arrested for violating a civil injunction and resisting an officer with violence.

Whitley’s parents had filed an injunction to remove him from their home, because, due to the severity of their son’s mental illness and their deteriorating health with age, they could no longer take care of him and worried for their safety. When deputies arrived to remove Whitley from the home, he resisted arrest and became violent, which his sister believes was caused by his schizophrenic ideations of fear of men with guns. He had no prior criminal history.

Whitley, 47, stood about 5’11” and weighed about 335 pounds. Over the course of the 12-minute altercation on Nov. 25, 2022, that led to Whitley’s death, the nine involved deputies deployed Tasers 27 times and used pepper foam and physical force to subdue him. The medical examiner later ruled Whitley’s death a homicide.

An investigation conducted by the Florida Department of Law Enforcement cited that, “When the deputies entered the cell, a physical altercation occurred, and Whitley was taken to the ground.”

The footage shows Whitley complying with deputies’ orders to sit on the toilet, and when they open the cell doors, he can be seen putting his hands up over his face in a defensive position.

The deputies involved were Capt. Robert Andrew Walters, Sgt. Ashleigh Snodgrass, Cpl. Arnault Canelle, Cpl. Jordon Ortega, Deputy Carl Holmer, Deputy Christopher Kristensen, Deputy Xavier McMiller, Deputy Demontra Smith and Deputy Sa’Quan Wyman.

The video footage shows that Canelle, Holmer, Kristensen, Smith, Ortega, and McMiller all used force against Whitley within the cell.

The footage spans one hour and 41 minutes. It begins at 05:59 a.m., showing Whitley sitting on the bed in Cell 140 of the Alpha Pod of the jail. The footage was redacted, with the toilet area of the cell censored in accordance with the Prison Rape Elimination Act. For part of the footage, Whitley’s neck, head and face were covered by this redaction and obscured from view.

For approximately 52 minutes, Whitley can be seen sitting on the bed looking at the concrete wall of the cell. Periodically, he can be seen making gestures with his hands and pointing to himself or the space around him as if in conversation.

The cells are small, with a concrete slab for the inmates to sleep on approximately the size of a single-bed mattress. Each cell has a small window, a metal toilet, a sink and a barred door.

Markings could be seen on Whitley’s body, which appeared to be bruises and redness, on his left arm, left side of chest, left side of his stomach, left leg and buttocks. The floor of the cell was wet and slippery.

At approximately 6:52 a.m., Whitley can be seen verbally responding to orders given by a guard outside of his cell. To conduct a cell inspection, the guard instructed Whitley to put his hands through the cell door’s opening so he could be handcuffed.

He can be heard asking questions to clarify their request, asking, “You want me to come to the door?”

For the next seven minutes, Whitley argued with the guard over not wanting to undergo a strip search and cell inspection. More guards were called to deal with the incident. He can be heard responding to the guards’ orders by saying, “I don’t want anyone to come in,” “No, not right now,” and asking why he needed to be searched.

Whitley moved toward the door to continue speaking to the detention deputies outside, expressing agitation at their requests. Finally, Whitley says to the guards outside, “If I get hurt, everyone gets hurt.”

After hearing that verbal threat, the guards deployed pepper foam onto Whitley from outside the cell. The pepper foam was orange in appearance and covered his whole body. Whitley retreated to the back of his cell, yelling in pain, coughing and shouting profanities, asking what he had been sprayed with.

After about a minute, a guard instructed Whitley to again come to the door to be handcuffed, by saying, “get cuffed,” “hands out front,” and “hands outside the cell.” For about five minutes, the guards continued to ask him to place his hands outside the cell to be handcuffed, while he moved about the cell, coughing and spitting and expressing pain at the pepper foam in his eyes, face and over his body.

At approximately 7:04 a.m., the guards instructed Whitley to sit down on the toilet near the door before they entered the cell. Whitley complied with orders and sat down.

The guards opened the door to rush the cell and Whitley put his hands out in front of him in a defensive position, exclaiming “no,” and “wait.”

Five guards entered the cell, took Whitley by the arms and pushed him facedown against the concrete bed and then to the floor. A taser was then deployed.

Whitley told the guards to “Please stop,” while tasers continue to be deployed. The guards told him to put his hands behind his back, to which he responded, “I am,” and again pleaded for them to stop.

The guards forced him onto the ground, continued to tase him and commanded him to put his hands behind his back. Whitley’s hands were in front of his face and body in a defensive position, but he did not attack the guards.

The guards managed to get him face down on the ground, get a hold of his arms and legs, and continue to tase him. Whitley was no longer resisting them, but continued to scream “please,” and asked the guards to stop tasing him.

About two minutes passed and the guards continued to attempt to put Whitley into handcuffs while they deployed tasers. Four guards had their body weight on top of Whitley’s back as they held him down. He was being tased simultaneously by at least two guards who were standing at his head and feet.

The guards managed to get the handcuffs on one of his wrists, and tased him while one of his arms was restrained. A guard could be heard shouting, “Behind your back, I’m not going to tell you again.”

The pepper foam deployed caused Whitley and the guards to cough throughout the entirety of the incident. Whitley continuously screamed in pain and pleaded with the guards and asked them to stop.

At about 7:07 a.m., Whitley could be heard screaming, “Please, somebody help me.” At this point, the tasing stopped as both of his arms were handcuffed about 30 seconds later. A guard outside the cell offered the deputies another taser, which they declined.

After being put in hand restraints face down on the floor, Whitley’s legs continued to move. A guard called out for leg irons, which he secured onto both of Whitley’s ankles within about a minute. The guards also asked for a spit mask to place over Whitley’s head, which resembled plastic hood that covered the entirety of his head and face.

At about 7:09 a.m., the handcuffs, leg irons and spit mask were secured with Whitley face down on the ground. Whitley was no longer moving. Three guards were putting their body weight on top of Whitley at the waist and back, as another guard put pressure at his upper back and head, while another guard supported him. Two other guards were at his legs, one standing with his foot pressed into Whitley’s leg to keep it down.

As the guards attempted to catch their breath, also coughing from the pepper foam in the air, Ortega called out, “Everyone slow down, ain’t no rush.” Then, he instructed the other guards by saying they need to drag Whitley out of the cell and “throw him in the shower.”

Whitley was still not moving. His hands and legs were limp in the handcuffs and leg irons, and he remained face down on the ground. The guards instructed him to get up and move out of the cell, and lifted one of his legs, but it was limp.

They attempted to roll him over but had trouble. They dragged him out of the cell, still face down. There were markings from the tasers and the physical force all over his body.

By about 7:10 a.m., Whitley’s body was slid across the slippery floor and out of the cell as all of the guards exited into the hallway.

A call to 911 from the jail was made at 7:16 a.m., with the first Marion County Fire Rescue unit arriving at 7:22 a.m., according to the MCFR CAD report. Medical staff within the jail had already been conducting CPR and used an AED to attempt to defibrillate Whitley by the time EMS got to him at 7:23 a.m. He was then transported to AdventHealth hospital, where he was pronounced deceased.

Family lawsuit and SAO finding 

The Whitley family later filed a wrongful death lawsuit against the sheriff’s office, which was later settled. Sister Pam Whitley, on behalf of the estate, viewed the footage and later testified in favor of the “Gazette” obtaining the footage in its separate lawsuit.

After the FDLE conducted its investigation into Whitley’s death, the findings were sent to Fifth Circuit State Attorney Bill Gladson’s office for review. That office declined to press any charges against the involved deputies.

Gladson confirmed the decision in a memorandum, after his office reviewed the FDLE investigation, including video evidence. Chief Assistant State Attorney Walter Forgie confirmed this week that the video viewed by the State Attorney’s Office was also redacted.

 

For prior coverage of this case, visit:

Inmate death at Marion County Jail prompts FDLE investigation

Marion County Sheriff’s office application of Marsy’s Law

No charges for officers involved in inmate death

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

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

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

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

Circuit judge grants order for “Ocala Gazette” to view Marion County Jail footage