Sheriff to dead inmate's parents: You feared he would kill you. And now you're suing me?

The family of a man who died last year after an encounter with personnel at the Marion County Jail has filed a lawsuit against Sheriff Billy Woods and multiple jail officials.

Lawyers James M. Slater of Slater Legal PLLC and Michael E. Levine of Stewart Tilghman Fox Bianchi & Cain in Miami filed the wrongful death and civil rights lawsuit on behalf of the estate of Scott "Scotty" Leslie Whitley III.

Whitley was being held at the jail in late November 2022, awaiting resolution of criminal charges: resisting an officer with violence and crimes against person/violation of injunction/protection exploitation vulnerable adult.

The lawsuit seeks damages that include medical, funeral and burial expenses. It alleges that Whitley's parents sustained, among other things, "loss of companionship, instruction, and guidance; and mental pain and suffering from the date of injury and continuing for the remainder of their lives." The plaintiff's lawyers seek a jury trial.

Aside from Woods, the listed defendants are sheriff's Capt. Robert Andrew Walters; Sgt. Ashleigh Snodgrass; Cpls. Arnault Canelle and Jordan Ortega; and Deputies Carl Holmer, Christopher Kristensen, Xavier McMiller, Demontra Smith and Sa'Quan Wyman.

Wyman is no longer with the sheriff's office. He resigned after being accused of dragging a handcuffed inmate earlier this year. Wyman pleaded no contest to a battery charge and was sentenced to six months of probation.

Lawsuit blames jail officials for failed practices

The lawsuit alleges jail staffers were aware that Whitley suffered from significant mental health issues and should have done more to help him.

In the lawsuit, the lawyers write: "There exist policies and widespread practices at the Marion County Jail encouraging the wanton use of force and punishment for non-penological purposes. Those policies also fail to account for mental illness, ensure that mentally ill detainees are provided adequate treatment, and ensure that detention deputies engage in crisis intervention or appropriate protocols regarding cell extraction for prisoners and detainees with mental health issues."

Lawyers point to lack of training, supervision and staffing at the jail. Some of the lawyers involved in the lawsuit are the same ones who recently filed another lawsuit against the sheriff and several jail staff concerning the death of another inmate, Cory Merchant.

Whitley's arrest and time at the jail

According to the lawsuit, Whitley had been diagnosed with schizophrenia and had a history of mental illness. The lawsuit contends that sheriff's officials had encountered Whitley in the past and he had been under Baker Act supervision more than half a dozen times in 2021 and 2022.

On Nov. 16, 2022, deputies went to Whitley's residence to arrest him. The man's parents wanted help from deputies because they were concerned for themselves and their son, the lawsuit states. Whitley refused to leave and threatened to kill them. Whitley was subdued with a Taser and sprayed with some sort of chemical agent, according to the lawsuit.

Once booked in the jail, Whitley was placed on suicide watch. The lawsuit mentions that two days after his arrest, Whitley "purportedly attempted to force his way out of a jail cell, requiring correctional officers to spray him in the face with chemical agents."

He was restrained and there was a plan to charge Whitley for that episode, according to the lawsuit.

The lawyers say jail officials alleged Whitley again tried to get out of his cell and a jail official tried using a Taser on him. Due to his behavior, Whitley was held in administrative confinement without any clothes.

On the day of the incident that resulted in his death, Whitley was naked in his cell and sitting on the concrete bed area when detention deputies "ordered Scotty to submit to hand restraints," the suit says.

He did not respond, so jail officials went to other cells. They later returned to Whitley's cell and he reportedly ignored their order.

When Whitley approached the door and was talking with detention deputies, the lawsuit states, "he was pushed to the wet concrete ground."

Ortega and Kristensen sprayed Whitley in the face even though Whitley was "standing at the furthest end of his cell in a compliant manner," according to the lawsuit.

Whitely, the lawsuit states, "went to the window for fresh air and stood in that area for several minutes before returning to the concrete bed."

Ortega asked Snodgrass "if the deputies were going to suit up, meaning enter the cell as an extraction team (or Emergency Response Team) to force Scotty to submit to restraints." Snodgrass called Walters, who "told the deputies to just go in and grab the inmate," according to the lawsuit.

Whitley was sitting on the toilet when "Ortega pushed Scotty off the toilet, and he was taken down to the ground, hitting his upper extremities against the concrete bed area. Ortega's entire body was up against Scotty when he deployed his Taser, striking Scotty in the back.

"Cannelle also deployed his Taser in drive stun capacity, pressing the weapon into Scotty's lower right back. They continued to deploy their Tasers on Scotty, striking him in the legs and abdomen," the suit says.

Holmer, McMiller and Smith also entered the cell. Officers dragged Whitely away from the bed area while deploying a Taser against him, according to the lawsuit.

"He was not striking the officers or resisting them, as he tried to protect himself from the officers' attacks, he continued to scream and plead for help," the suit says.

Snodgrass told Wyman, who was outside the cell, "to administer chemical agents on Scotty, though he inadvertently administrated it on himself," the suit says.

After holding Whitley down for several seconds Ortega put restraints and a spit guard on Whitely, according to the lawsuit. Ortega, Cannelle, McMiller, Holmer and Smith dragged Whitely from the cell.

Laying on his stomach, Whitely was motionless, according to the lawsuit.

Life saving measures were performed. Sgt. Alan Drake got the automated external defibrillator and gave it to a nurse, who placed it on Whitley's body.

Whitely was taken to a hospital where he died.

"Scotty suffered from multiple blunt force traumas to the head, neck, torso, and extremities, and deep tissue hemorrhaging. His death was ruled a homicide," the lawsuit states.

The incident was recorded, but lawyers said the sheriff has declined to release the video.

Statements from the MCSO and family lawyer

Slater said in a statement: “When Scotty Whitley was booked at the Marion County Jail, the detention deputies knew he suffered from a serious mental health condition.

“For the brief period Scotty was detained at the jail, he was repeatedly punished and attacked by deputies for displaying his mental illness. He was left naked and alone in confinement, where he was killed by deputies despite complying with their commands and remaining seated in his cell. Without any mental health intervention, the deputies stormed Scotty’s cell and attacked him, killing him. In a humane and civilized society, we cannot accept what happened to Scotty as normal institutional practice. We demand justice for Scotty’s family and systemic reform at the jail.”

Tim McCourt, MCSO lawyer and deputy sheriff, said: "Mr. Whitley’s elderly parents sought and obtained an injunction for protection against him because they feared for their lives — he had commandeered their residence and would not leave, forcing them to relocate to a hotel. When Mr. Whitley was to be arrested for violating that injunction, he resisted arrest and multiple deputies were required to take him into custody.

"Once he was in jail, he continued to resist detention deputies at every turn and even tried escaping from his housing unit," McCourt continued. "He was placed in solitary confinement and, when it was time for him to exit his cell so that it could be searched, he fought with those detention deputies, who in turn used a reasonable, justifiable, and lawful amount of force to gain Mr. Whitley’s compliance.

Lawsuit: Marion Sheriff Billy Woods says he did nothing wrong as Ocala man claims illegal detainment

"This incident was investigated by FDLE and reviewed by the State Attorney’s Office who found no wrongdoing had occurred. Now, Mr. Whitley’s parents — who previously feared that he would kill them — are asking to be awarded money for their loss of his companionship. We look forward to our chance to more fully address the allegations contained in this lawsuit in a court of law."

Contact Austin L. Miller at austin.miller@starbanner.com

This article originally appeared on Ocala Star-Banner: Lawsuit: Jail missteps resulted in inmate's wrongful death