Law Office of the

PUBLIC DEFENDER
Seventeenth Judicial Circuit Howard Finkelstein • Public Defender
Broward County Courthouse • 201 S.E. 6th Street • Suite 3872 • Fort Lauderdale, Florida 33301
Telephone: (954) 831-8650 • Fax: (954) 831-8853 • Internet Address: http://www.browarddefender.org

Public Defender
April 23, 2019
Howard Finkelstein

954.831.8644
Sheriff Gregory Tony
Broward Sheriff's Office
2601 West Broward Boulevard
Executive
Fort Lauderdale, FL 33312
Chief Assistants:
Re: Excessive Use of Force
Deputy Jorge Sobrino
Diane M. Cuddihy Dear Sheriff Tony:
954.831.8814

Renee T. Dadowski
On January 1, 2019, Deputy Jorge Sobrino (B.N. 17565) of the Broward Sheriff's Office
confronted David O'Connell at the Walmart located at 5001 North Federal Highway, Pompano
954.831.8817
Beach, Florida to investigate a domestic disturbance. Mr. O'Connell was arrested for resisting
Gordon H. Weekes, Jr. without violence and transported to Broward Health North to be evaluated medically for
954.831.8636 injuries sustained at the Walmart. Deputy Sobino's body camera video (attached hereto)
establishes that while enroute to the hospital, Mr. O'Connell indicated that he did not want
medical attention. Nevertheless, Mr. O'Connell was placed in an examination room
handcuffed to the bed. When seen by the medical staff, Mr. O'Connell was responsive and
Chief Assistants:
cooperative. However, he again waived medical attention and reiterated that he did not want
Nadine L. Girault
to wait for a doctor.
954.831.8559
After the nurse collected his vital signs and preliminary information, Mr. O'Connell indicated
Adam 1. Goldberg that he needed to urinate. The nurse provided him a urinal and then exited the examination
954.831.8854 room. While handcuffed to the bed, Mr. O'Connell kneeled in the bed with his back facing the
John A. James camera to use the urinal. Deputy Sobrino remained in the room but he did not remove the
954.831.6790 handcuffs from Mr. O'Connell and did not assist him. While using the urinal, Mr. O'Connell
expressed that he had inadvertently spilled urine on himself and the bed. After finishing using
Lorena V. Mastrarrigo
the urinal, Mr. O'Connell repositioned himself at the foot of the bed to avoid the urine that
954.831.8679
had inadvertently spilled.
Owen F. McNamee
954.831.8658
Deputy Sobrino's body camera video show that shortly thereafter, Mr. O'Connell again stated
that he "doesn't want to be here. [He] wants to sign out." Deputy Sobrino became frustrated
Rachel S. Newman
and closed the examination room door to confront Mr. O'Connell. The deputy tells him to
9>+.831.7266 "shut up and sit down," however Mr. O'Connell is already in a seated position on the hospital
Meritxell Ros bed in a manner to avoid the urine soaked area. A clearly irritated Deputy Sobrino,
954.831.8810 aggressively confronts Mr. O'Connell's and throws him on the bed. Deputy Sobrino proceeds
to punch Mr. O'Connell in the face with a closed fist. The deputy then attempts to further
Robert R. Wills
restrain an already subdued Mr. O'Connell by twisting his arm behind his back.
954.831 .8677

The body camera video clearly contradicts Deputy Sobrino's sworn police report, wherein he
swears under oath that when he "approached O'Connell and once I placed his legs back on the

Chief Investigator:
Allen E. Smith
954.831.6714
bed, he lifted his free hand and pushed me on my chest, in order to keep me away from him."
Deputy Sobrino falsely claims that he was pushed in the chest. Deputy Sobrino's version of the
incident vastly differs from the facts as displayed in the video. The video shows clear police
abuse. Deputy Sobrino punched Mr. O'Connell in the face without physical provocation
because he was frustrated with Mr. O'Connell. Punching a restrained individual who is not
physically aggressive is unacceptable.

Office Sobrino compounded his offensive conduct by fabricating a sworn probable cause
affidavit to substantiate the false charge of battery of a law enforcement officer to cover up
his own wrongdoing. Unlawful behavior this extreme calls for immediate and decisive action
that will restore trust in law enforcement. As a result, I hereby demand that Deputy Sobrino's
excessive force and falsifying of charges be immediately investigated and reviewed as a
violation of law.

Enclosure