Man beaten by Daytona Beach police officer with tennis racket reaches plea deal

A man who was bitten by a Daytona Beach police dog and then beaten bloody with a tennis racket by a police officer pleaded no contest to charges related to a car burglary, which will be dismissed if he successfully completes the terms of a two-year Veterans Court plea agreement.

Richard O'Donnell, 57, a homeless veteran, entered into the agreement Friday. He was charged with burglarizing a car, resisting an officer with violence — both third-degree felonies — and touching or causing harm to a police dog, a misdemeanor.

O'Donnell pleaded no contest to the charges. He was adjudicated guilty and then adjudication was withheld.

O'Donnell was sentenced to the 79 days he had already served in the county jail.

Related: Policing expert says racket beating case was 'an outrageous incident' and a 'firing offense'

If O’Donnell completes the 24-month-long agreement, the State Attorney’s Office will drop the charges against him. The agreement lists several conditions for O’Donnell:

• He cannot violate any criminal laws during the term of the agreement.

• He is prohibited from using alcohol or drugs.

• He is subject to bi-weekly random urinalysis tests.

• He cannot go to bars or liquor stores.

• He cannot own or possess firearms or ammunition.

• He must undergo a mental health evaluation and complete treatment.

• He must undergo a substance abuse evaluation and complete treatment.

O'Donnell must also pay $100 to the State Attorney's Office for the cost of prosecution and another $100 to the Daytona Police Department for the cost of the investigation.

O'Donnell will be supervised by the Veterans Court and a probation officer during the agreement.

Police use tennis racket to beat man

The incident that brought viral video fame to O’Donnell and the Daytona Beach Police Department occurred just after 2 a.m. on April 8. That’s when two Daytona Beach police officers were dispatched to a Toyota dealership on North Nova Road to a report of a car being burglarized in the service area.

Officer Aurian Fletcher, K-9 officer Joshua Martin and K-9 Vezer encountered O'Donnell, who was carrying a tennis racket.

Officers ordered O'Donnell to get on the ground, according to unedited police body camera footage. At that point, O'Donnell went into a "fighting stance," according to Fletcher’s police report.

Martin ordered O'Donnell to get on the ground three times but he didn't comply and Martin released the dog. Next, the video shows O'Donnell on the ground, using the tennis racket, trying to fend off the dog.

The dog bit him on the leg and O'Donnell appeared to be squeezing the dog between his legs. Martin grabbed the tennis racket from O'Donnell and hit him over the head with it several times.

Failure to comply

Martin pulled the dog back leaving O'Donnell on the ground in a fetal position with his arms locked in front of him. He was ordered several times to put his hands behind his back but did not comply.

A bloodied O'Donnell still refused to put his arms behind his back. He was Tasered at least three times and finally relented and was taken into custody.

Daytona Beach Police Lt. Richard Maher later wrote in a use-of-force report that Martin "utilized the racket as an improvised impact weapon striking the subject several times in the head and shoulders."

After the video began circulating, the Daytona Beach Police Department released a statement that using the dog was "per the normal operating procedures for this type of in-progress felony."

O'Donnell ignored police orders and showed "heightened aggression. The K-9 was released to assist in apprehending him," according to the statement, which also said that O’Donnell "aggressively used the racket against Vezer while also kicking him, and then made attempts to choke the K-9 by wrapping both his legs and arms around the dog's neck, a potentially fatal series of actions."

Using the tennis racket to get O'Donnell to let go "was the safest choice for everyone involved," according to the statement.

This article originally appeared on The Daytona Beach News-Journal: Florida man beaten by police officer with tennis racket reaches plea deal