No charges against Volusia jail guards in incident, no decision on director's fate

Volusia County has yet to make a decision on whether to fire Volusia County Corrections Director Mark Flowers after he met with officials on Thursday as the two sides clash over allegations of inmate abuse at the county jail and questions about Flowers’ leadership.

But the Florida Department of Law Enforcement completed its investigation into an incident at the jail involving inmate Justin Caruthers, who Flowers alleged was beaten by correctional officers, and turned its findings over to the State Attorney's Office which found no reason to file any criminal charges.

Volusia County Spokesman Kevin Captain wrote in a press release Thursday that the findings showed no wrongdoing by correctional officers, according to a press release.

“An independent, outside review of an altercation at the Volusia County Branch Jail in April found no evidence that corrections officers used excessive force while gaining control of a combative inmate,” Captain wrote in the release.

The county’s notice to fire Flowers came after Flowers filed a complaint against the county with the U.S. Equal Employment Opportunity Commission and the Florida Commission on Human Relations. In the complaint, Flowers states he was retaliated and discriminated against when he requested an internal affairs investigation into correctional officers abusing inmates, including Caruthers. Flowers' attorney, Kelly Chanfrau, has said previously she is preparing a lawsuit against the county, which will most likely be filed in federal court.

The two sides met Thursday. When asked about the meeting, Captain confirmed the meeting had taken place with Flowers and Chanfrau.

"The county provided him an opportunity to share any additional information related to his case. A final decision is forthcoming, the timing of which is undetermined," Captain wrote.

Chanfrau declined to comment.

Previous coverage:Volusia corrections director who made claims of inmate abuse to be fired

Volusia Corrections director:County retaliating against him after he reported inmate abuse

Flowers appeals:Volusia Corrections Director Mark Flowers appeals the county's intent to fire him

Jail fees:Volusia to institute some of Florida's highest fees for those incarcerated in Daytona jail

No wrongdoing found

The Florida Department of Law Enforcement also completed its investigation into an incident at the jail and the State Attorney’s Office found no reason to go forward with any charges.

“An independent, outside review of an altercation at the Volusia County Branch Jail in April found no evidence that corrections officers used excessive force while gaining control of a combative inmate,” Captain wrote in the release.

The incident began as correctional officers tried to break up a fight between Caruthers and another inmate on April 26. One inmate complied but the other was uncooperative and refused to be handcuffed, Captain wrote.

While trying to gain control of the inmate, a correctional officer struggled with the inmate and took him to the ground, striking him during the struggle, according to Captain.

Captain wrote that Volusia County Public Protection Department investigated and concluded that allegations of excessive force against the six offices involved were either unfounded or not sustained.

The investigation was closed, but County Manager George Recktenwald decided to re-open it and seek an independent review after Corrections Director Mark Flowers alleged a cover up, Captain wrote.

The Florida Department of Law Enforcement reviewed the file and also conducted its own interview with the inmate.

“While the inmate sustained black eyes, he was punched in the face two times by his cellmate before the officers had responded to the incident,” Captain wrote.

Assistant State Attorney Ashley Terwilleger reviewed the evidence provided by the FDLE in its report and wrote in a Dec. 21, 2022, memo that “I find insufficient evidence to proceed and no further action is warranted by this office.”

In a statement from the county manager, Recktenwald said he was pleased that the review found no problems with the county’s internal investigation.

“The fact that the review by the State Attorney’s Office of the interviews, evidence and circumstances came to the very same conclusion shows that we were thorough and transparent in our investigation,” said Recktenwald. “We appreciate the detailed and professional manner in which our internal affairs staff conducted the investigation. The suggestion that our investigation was handled in anything less than an appropriate and exemplary manner has been proven to be false.”

Intent to terminate

Volusia County in its notice that it planned to terminate Flowers stated he had lost the support of many of the correctional officers at the jail and his leadership team. The county stated Flowers ordered an inmate to be improperly placed in a four-point restraint and also ordered another inmate on a type of suicide watch to be moved without medical clearance, among other allegations.

Chanfrau has said the county’s intention to fire Flowers is just another example of the retaliation he has been subject to since becoming a whistleblower.

“They only started investigating my client after he requested an IA relating to the Caruthers matters,” Chanfrau said in a phone interview on Tuesday. “They only started investigating him after he blew the whistle and started raising concerns. That’s clear.”

She said that after Flowers raised his concerns, union members started complaining about a hostile work environment.

In a previous press release, County Manager George Recktenwald denied the firing was retaliatory and stated Flowers was under investigation three months before filing his complaint.

“Any suggestion that the termination was retaliation or in any way related to Dr. Flowers filing the complaint is absolutely and unequivocally false,” Recktenwald stated in the release.

Flowers earns $148,426 per year, according to the county.

This article originally appeared on The Daytona Beach News-Journal: Prosecutor: No charges warranted in incident at Volusia County jail