In an impassioned press conference Friday afternoon, Broward County Sheriff Gregory Tony condemned what he called a “miscarriage of justice” after three deputies under his command were charged with aggravated battery.
Flanked by the deputies’ attorneys, Tony defended the deputies’ actions and accused the State Attorney’s Office of selective prosecution.
Tony emphasized the deputies were “in compliance with our rules and regulations” during the incident and accused prosecutors of bowing to political favoritism.
“It’s appalling to witness this take place here in this community,” he said.
History of accountability cited
Tony recounted his six-year tenure as sheriff, noting he had terminated 141 officers for misconduct submitting 98 cases for prosecution.
He listed annual totals of cases referred and declined by the State Attorney’s Office, including seven of 14 in 2019, 12 of 16 in 2020, and eight of 13 so far in 2024.
“No other sheriff in this state or in this country has demonstrated that level of aggressive nature of holding law enforcement accountable,” Tony said.
Criticism of State Attorney’s actions
Tony suggested the charges were politically or personally motivated, asking whether “favors for friends” were at play.
He highlighted a prior case where an allegedly abusive deputy was terminated and recommended for prosecution, but charges were declined.
Tony also criticized the decision to dismiss a DUI case against the suspect in the current case, attributing the dismissal to the deputy not being a drug recognition expert and the suspect being on her menstrual cycle.
“I’ve yet to see a defense called the menstrual cycle,” said Tony, who described himself as a 20-year law enforcement veteran and college professor of criminal justice.
Defense of deputies’ actions and transparency through video
The sheriff stated the suspect, Samantha Caputo, arrived at the jail “cranked up on drugs,” resisted commands, and assaulted a deputy, including biting with enough force to break bones.
Tony asserted that the deputies used only the necessary level of force to gain control and then promptly administered care, including monitoring the suspect and giving her water.
“If that type of conduct is suitable for aggravated battery charges,” Tony said, “every officer up here is guilty.”
“You don’t get a free pass to strike, injure, hurt or harm any of my (bleep) deputies in my agency. None of them.”
“The suspect scratched and bit one of my deputies to the level of force that it not only penetrated the skin but fractured her bone.”
Referring to his deputies, he said, “These women were handcuffed and arrested and their reputations destroyed.”
He played portions of jail surveillance video to underscore the deputies’ professionalism, stating he typically would not release such footage but refused to allow “a Salem witch trial” against his deputies.
“The suspect decides to be a smarty pants and throw her bra and hit the deputy in the face,” he said, “The deputy catches it and pushes her back to disengage. Then, the suspect decides to lunge forward to try to assault this deputy. Efforts were made to try to control her and not to beat her. She was sprayed and a Taser was used and she was still fighting.”
“Did our deputies strike her? You better believe that they did.”
“They continued to check on her and provide water for her.”
Last Friday, Phil Johnston, one of Caputo’s attorneys, told CBS News Miami, “Sgt. Polk grabbed and shoved her hard hard and she goes flying back against the wall. Another officer released pepper spray which can cause your eyes to slam shut and render a person helpless.”
Another attorney for Caputo, Glenn Roderman, said, “They wound up tasering her and kicking her to the ground. In all my years of doing this, I have never seen an injustice like this.”
The attorneys for the deputies were also at the news conference.
Michael Gottlieb, attorney for Cleopatra Johnnie, said of Caputo, “She became physically and verbally combative. Detectives used the requisite force for the situation. I stand with the sheriff and the union in condemning the prosecution of Cleopatra Jones.”
Jeremy Kroll, attorney for Denia Walker, said, “She has done her job honorably. She has done it following the procedures and training that she has received through BSO and she is presumed innocent.”
Eric Schwartzreich, the attorney for Sgt. Polk, said, “The evidence will go to show officers are allowed to use justifiable force in the course of an arrest and detention.”
Deputies reinstated, legal fees covered
Tony announced the internal affairs investigation had cleared the deputies, resulting in full reinstatement. He said the charges were either “unfounded” or resulted in “exoneration.”
“These attorneys will be paid for by the Broward Sheriff’s Office,” he concluded. “These deputies are not going to pay one penny in defense of this.”
The Broward State Attorney responds to Sheriff Tony’s comments
Broward State Attorney Harold F. Pryor issued the following statement:
“On behalf of myself and all of the dedicated public servants who work at the Broward State Attorney’s Office, I am very disappointed that the Sheriff said that he was speculating when he made vague comments alleging public corruption by my agency. However, as a prosecutor, I am held to a higher ethical and moral standard and will not speculate about this important matter. Attempts to verbally bully my office or sway public opinion prior to trial will not deter us from seeking justice and striving to do the right thing.
I strongly encourage the Broward Sheriff’s Office to provide us and the residents of Broward County with a detailed and specific account – in writing – of the allegation the Sheriff alluded to at the media conference.
Let me assure the residents and dedicated law enforcement officers of Broward County that I will provide complete transparency regarding this matter while also complying with the ethical rules that discourage prosecutors from commenting on the facts and circumstances of cases we are prosecuting.
My prosecutors and I will continue to try all criminal cases in the courtroom, based on facts and evidence – not in the media.
The Sheriff questioned why it took some time for charges to be filed: The investigation of the three detention deputies who were charged in relation to Samantha Caputo was initiated in April of 2024 after her criminal defense attorney filed a motion to dismiss the battery charge against her. The prosecutor handling the case spoke to her supervisor, Paul Valcore, the Assistant State Attorney in Charge (ASAIC) of the Felony Trial Unit, regarding the evidence in the battery case against Caputo.
After reviewing the video footage from the jail on April 22, 2024, ASAIC Paul Valcore was concerned and recommended dropping the battery charge against Caputo. He then notified Chief Assistant State Attorney Gina Faulk and the Assistant State Attorney in Charge of the Public Corruption Unit, Julio Gonzalez, about the matter and sent the case file, the defense motion, and the surveillance video to the Public Corruption Unit for review. Last month, criminal charges were filed against the three detention deputies.
All individuals charged with a crime are presumed innocent unless and until they are proven guilty. At no time were the detention deputies placed in front of the national media in handcuffs, they were allowed to surrender to the jail at a time that was arranged with their defense attorneys in advance, and they were released from the jail on agreed bonds of $7,500 without going through magistrate court.
All of the relevant memos are provided here and here.
Regarding the Sheriff’s comments about Ronald Thurston, our Public Corruption Unit prosecutors declined to file a battery charge against him in June of 2021 after concluding there was insufficient evidence to charge him with a crime. Thurston was criminally charged in February of this year on an unrelated matter and is currently facing criminal prosecution by our agency. As with all cases, we will file criminal charges when we have facts and evidence to support them.
Please see the relevant memo here.
In response to the assertions made by the Sheriff that prosecutors declined to file charges against law enforcement officers in a number of cases presented by his agency, this indicates how seriously we take the process of reviewing the evidence on a case-by-case basis. This is consistent with our belief in pursuing justice and reviewing cases independently, irrespective of an individual’s name or perceived status. Whatever the facts and evidence, we will always strive to do the right thing.”
