dennis daley reports

8/11/2019 Dennis Daley reports

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Dennis Daley Packet

1) Daley Family Statement

2) Who are the Daleys

3) Photos

4) Hospitalization Information

5) Sworn Probable Cause Statement of Deputy Sherman

6) Sworn Affidavit of Deputy Dzuiba

7) First Appearance Court Order

8) Court Order Lifting No Contact

9) State Attorneys Office Notice of Not Filing Charges

10) Timeline of Events

11) ComplaintForm


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Prepared Statement of the Dennis Daley Family

October 6, 2014

In the evening hours of September 21, 2014 the lives of our family members changed

forever at the unforgiving hands of the Lee County Sheriffs Office as they savagely beat

Dennis Daley our father, our husband, and our son. Deputies with the Lee County

Sheriffs Office attacked Dennis outside of our home by rushing him from behind. After

his face was repeatedly smashed into a wall, he was then then helplessly dragged to the

ground in a cage-fighting like choke hold, shot with a taser gun twice, and then drop-

kneed in the face. While he lay limp and defenseless on his back, he was ferociously

beaten in the face over and over 7 times in all. Almost as horrible as being mauled by

Lee County Sheriff deputies was the way the judges of Lee County regarded our family in

the aftermath of the merciless violence.

The last we saw of the man we love was as his attackers unconscionably dragged him by

his arms to their patrol cars, while handcuffed behind his back, bleeding and barely

conscience, and as other members of their department looked on doing nothing.

Astonishingly, the Lee County Sheriffs Office deputies refused to call EMS to stabilize

Dennis. Instead, the deputies left him in the rear of a patrol car, bleeding and suffering,

as the deputies continued to intimidate the rest of our family members.

The Sheriffs office refused to tell us where they were taking Dennis. Once we

discovered he was taken to the hospital, the Lee County Sheriffs Office deputies refused

to let us visit Dennis or provide any information about his condition. Neither would the

hospital we were told the hospital had strict orders from the deputies to not allow us

to see Dennis or give us any information. We begged and pleaded to know if our dad,

our son, our husband the leader of our family was going to survive the attack. After

three days of pleading to see Dennis or at least be given information about what

condition he was in, a kind-hearted nurse was able to relay to us that he was

responding, breathing, being fed, and able to talk.

It wasnt until September 25ththat we were able to see Dennis, when hiscaptors took

him in front of a judge on manufactured charges. When we did see him, we were only


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DALEY

TIMELINE

DateDaley Family

TimeVideo/Family Statement

Officer's

Time

Sworn Affidavit

of Dzubia's

Sherman's

Probable Caus

Statement

9/21/14Approx. 10:00

pm

The Daley's return home from

playing pool with friends to

find that one of their children

had used the family carwithout permission.

Approx. 10:15

pm

The Daley's then got into a

family disagreement about

how to deal with the

unauthorized use of the family

van. Mr. Daley took the keys

to the family van from Mrs.

Daley and left the residence.

While Mr. Daley was leavingMr. Daley's soon to be

daughter-in-law called 911.

The 911 operator requested to

speak with Mrs. Daley.

22:30:00

Received a call

from LCSO

regarding a

possible domest

disturbance at 23

CalaidumRd.(Daley's Hom

22:45:00

Observed white Kia

minivan westbound

on Palm Beach

Blvd.

The minivan turned

back into the

Shores

neighborhood

Heard radio traffic

of possible DV,

where husband left

residence in Kia

minivan.


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DALEY

TIMELINE

DateDaley Family


Officer's

Time

Sworn Affidavit

of Dzubia's

Sherman's

Probable Caus

Statement

Activated lights just

prior to 2301

Caladium Rd.

(Daley's home)

Noticed anotherpatrol vehicle

following closing

behind.

22:56:39Mr. Daley's car pulls up to the

residence

White minivan

turned into 2301

Caladium Road.

Driver exited

minivan

Responded to

Dzubia's location

and observed Dal

pull into the

driveway at the

above address.

22:56:42

Mr. Daley exits the vehicle and

begins walking to the frontdoor of his house.

...and began to run

towards front doorof residence.

When the van cam

to a stop Daley

exited the vehicand ran toward t

front door.

22:56:43

Deputy Sherman enters the

screen at a full sprint towards

Mr. Daley, and immediately

puts his hands on Mr. Daley

pulling him back to himself

and forcefully extending his

arms and slamming Mr.

Daley's head into the front wall

of the residence.

Deputy Sherman

met driver at the

door of the

residence and

shouted several

times to stop.

22:56:45Officer Dzubia comes into the

screen.

22:56:47

Deputy Sherman slams Mr.

Daley's head into the wall for a

second time.

Deputy Sherman

attempted to stop

Daley by holding

him in place. Daley

began to fight with

the Deputy

Sherman caugh

Daley at the fron

door, grabbed hi

from behind and

attempted to tak

him to the groun

22:56:48

Deputy Sherman puts Mr.Daley into a choke hold, and

both Sherman and Deputy

Dzubia drag Mr. Daley

backwards away from the wall.

Deputy Dzubia remains on his

feet.

Deputy Dzubia

attempted to assist

Sherman when

Daley pushed

himself off the wall

and all three were

pushed to the

ground.

Dzubia ran oveand deployed hi

taser while yellin

verbal command

to Daley. The tas

did not gain Dale

compliance.


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DALEY

TIMELINE

DateDaley Family


Officer's

Time

Sworn Affidavit

of Dzubia's

Sherman's

Probable Caus

Statement

22:56:51

The front door to the residence

opens as deputies get Mr.

Daley on his knees.

22:56:54

Mr. Daley begins falling

backwards because Deputy

Sherman and Dzubia are

pulling him to the ground.

Daley turned

around and brok

free from

Sherman's grip b

pushing off the

house.

22:56:56

Mr. Daley is all the way down

on the ground on his back with

his right leg bent underneath

him when Deputy Sherman

slams his left knee into Mr.Daley's face.

Daley then dove

Sherman's legs a

executed a "doub

leg takedown."

22:56:58

Deputy Dzubia already has

taser in hand, and begins to

tase Mr. Daley

Dzubia shouted

several times to

stop resisting and

eventually deployed

a contact tase.

Daley was

unaffected.

Deployed a second

contact tase, andDaley still did not

comply.

22:57:01

Deputy Sherman drops down

on top of Mr. Daley. Deputy

Dzubia remains on his feet.

Daley and Deputy

Sherman were still

interlocked on the

ground. Deputy

Dzubia observed

Daley holding onto

Deputy Sherman's

gun belt.

Daley, Sherman

and Dzubia all we

to the ground wh

Dzubia and

Sherman attempt

to get Daley und

control.


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DALEY

TIMELINE

DateDaley Family


Officer's

Time

Sworn Affidavit

of Dzubia's

Sherman's

Probable Caus

Statement

22:57:05

Deputy Sherman strikes Mr.

Daley with his left close

handed fist in the face. Mr.Daley's foot can be seen

sticking out behind the bush,

with no signs of a struggle.

While on the

ground Daley

turned with his

back to the groun

while Sherman w

on top of him an

began grabbing

Sherman's body

and gun belt.

22:57:05-

22:57:09

Deputy Sherman delivers 7

crushing blows with a closed

fist to Mr. Daley's head while

Mr. Daley lays helpless and

limp.

Deputy Sherman

struck Daley in the

face area several

times to stop Daley

from fighting

further.

Sherman

responded with

approximately

three punches t

Daley's face.

22:57:09-

22:57:21

Deputies are sitting over the

top of an unconscious Mr.

Daley looking at him.

Daley finally

complied.

The strikes weresuccessful in

gaining Daley's

compliance and h

was successfully

handcuffed.

22:57:21

Deputies roll Mr. Daley over

onto his stomach and appear

to handcuff him. Mr. Daley

remains limp.

Was able to be

handcuffed.

22:57:25

Mrs. Karen Daley exits the

residence and appears to be

yelling at the deputies. The

deputies appear to instruct her

back into the residence.

22:57:29

Mr. Daley's son restrains Mrs.

Daley and pulls her away from

the deputies and back into the

residence.

22:57:53

r. a ey s st on s

stomach on the ground

appearing lifeless, while

22:58:16First movement from Daley

after the attack.


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DALEY

TIMELINE

DateDaley Family


Officer's

Time

Sworn Affidavit

of Dzubia's

Sherman's

Probable Caus

Statement

22:58:57

Deputies begin attempting to

lift Mr. Daley off the ground

while he is handcuffed behind

his back.

22:59:03

Deputies struggling to get Mr.

Daley on his feet and he falls

back to his knees.

22:59:25

Third unidentified Deputy

arrives in view of camera,

walking towards Deputies &

Mr. Daley.

22:59:30Deputies are finally able to lift

Mr. Daley to his feet.

22:59:32

Instead of calling EMS,

Deputies Sherman and Dzubia

drag Mr. Daley, while unsteady

on his feet and handcuffed

behind his back, to the patrol

car.

Daley was placed in

the rear of Deputy

Sherman's patrol

vehicle.

After Daley was

secured in

Sherman's patro

car Sherman

transported him

Lee Memorial

Hospital for medi

treatment.

22:59:37

Unidentified deputy begins

speaking with family

members, while Mr. Daley's

son brings, a visibly shaken,

Mrs. Daley a chair to sit down.

23:00:29 PM

What appears to be a fourth

unidentified deputy appears on

screen.

23:01:01An unidentified deputy appears

to leave the scene


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DALEY

TIMELINE

DateDaley Family


Officer's

Time

Sworn Affidavit

of Dzubia's

Sherman's

Probable Caus

Statement

Mr. Daley was admitted to the

hospital for continuingtreatment for multiple facial

fractures inflicted by Deputy

Sherman.

"After treatment

Lee Memorial

Hospital Daley w

transported to thLee County Jail f

processing."

Statement sworn

on September 22

2014.

9/22/14Approx. 4:40

am

Mrs. Karen Daley received a

phone call from someone with

LCSO that Mr. Daley requested

that she call him out for work

on Monday. Mrs. Daley asked

to speak with Mr. Daley andthe officer told her no because,

"he is all bloody and I dont

want to get blood on my

phone." Mrs. Daley was not

provided any further

information about Mr. Daley's

condition.

Throughout the

morning on

9/22/14

Mrs. Daley and her family

continuously monitor the LCSO

website to see when Mr. Daley

is booked into the jail. Mr.Daley's son Brandon and

Brandon's fianc attempt to

see Mr. Daley in the hospital.

They are denied access and

are not provided any

information about his

condition.


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DALEY

TIMELINE

DateDaley Family


Officer's

Time

Sworn Affidavit

of Dzubia's

Sherman's

Probable Caus

Statement

Throughout the

afternoon on

9/22/14

Mrs. Daley begins to alert

other family members about

the situation. Mrs. Daley, her

sister-in-law, and her mother-in-law go to the LCSO sub-

station on Pondella Rd. and

receive some documentation

about Mr. Daley's arrest. They

then travel to Lee Memorial

Hospital where they are again

denied access to Mr. Daley and

are not provided with any

information about his

condition.

The hospital denies them

access and information

because their policy dictates

that all contact with Mr. Daley

shall be controlled by LCSO.

Throughout the

evening of

9/22/14

The Daley family continuously

monitors the LCSO website to

determine when Mr. Daley is

booked into Jail.

9/23/14

Throughout the

morning on

9/23/14




booked into Jail.

Throughout the

afternoon on

9/23/14

Mrs. Daley, her sister-in-law,

and her mother-in-law again

go to Lee Memorial Hospital.

They are initially again deniedaccess and any information

about Mr. Daley's condition.


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DALEY

TIMELINE

DateDaley Family


Officer's

Time

Sworn Affidavit

of Dzubia's

Sherman's

Probable Caus

Statement

Eventually, Mr. Daley's nurse

meets with the family in the

lobby to inform them of very

basic information about hiscondition but with no details.

However, the family is denied

access to Mr. Daley

This is the first update the

family has received since last

seeing Mr. Daley dragged into

the back of a police cruiser

after being attacked by LCSO

Deputies.

Throughout the

evening of

9/23/14




booked into Jail.

9/24/14

Throughout the

morning of

9/24/14


monitors the LCSO website

throughout the morning to


booked into Jail.

Throughout the

afternoon of

9/24/14


monitors the LCSO website

throughout the afternoon to


booked into Jail.

In the evening

of 9/24/14

Mr. Daley's attorneys visit him

in the hospital. The attorneys

are able to provide the Daley

family with an update on hiscondition. The attorney visit

appears to trigger LCSO

deputies to book Mr. Daley

into custody after being

detained in a hospital for 4

days.


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DALEY

TIMELINE

DateDaley Family


Officer's

Time

Sworn Affidavit

of Dzubia's

Sherman's

Probable Caus

Statement

9/29/14

No contact order remains in

place. The Daley family has

not seen Dennis Daley in 9

days.

9/30/14

No contact order remains in

place. The Daley family has

not seen Dennis Daley in 10

days.

10/1/14In the morning

of 10/01/14

Mr. Daley has a plate

surgically attached to his face.

10/1/14In the afternoon

of 10/01/14

No contact order is finally

lifted and The Daley family is

re-united after 11 days.

10/3/14

The State Attorney's Office

dismisses all criminal charges

against Mr. Daley


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The Wilbur C. Smith III Law Firm, LLCPersonal Injury and Criminal Defense

Established 1970

Wilbur C. Smith, III P.O Drawer 8 Tel (239) 334-7696

Sawyer C. Smith Fort Myers, Florida 33902 Fax (239) 334-3669Christopher E. Cosden The Bradford BlockRyan W. Doyle 1415 Hendry St.Geraldo F. Olivo, III Fort Myers, Florida 33901

October 6, 2014

Sheriff Mike Scott

Lee County Sheriffs Office

14750 Six Mile Cypress Pkwy

Fort Myers, Florida 33912

Re: Dennis Daley complaint of abuse by the Lee County Sheriffs Office

Dear Sheriff Scott,

Please be advised that my office represents Dennis Daley and the Daley Family. Accordingly, all future

correspondence with Dennis Daley or his family need be through my office.

This letter serves as notice that Dennis Daley, DOB 12-3-1969, SS XXX-XX-3318, does hereby submit a

complaint of, but not limited to, physical abuse by deputies of the Lee County Sheriffs Office. The abusestems from an incident with deputies under your employ beginning at the Daley family home on

September 21, 2014. Attached to this letter you will find a completed form taken from

www.sheriffleefl.org titled LEE COUNTY SHERIFFS OFFICE PRELIMINARY REPORT AGAINST

MEMBER / EMPLOYEE Addendum A.

I look forward to hearing from you regarding a full and complete investigation of the deputies involved in

this incident. Please be assured you will have our fullest cooperation.

Please govern yourself accordingly.

Sincerely,

Sawyer C. Smith

Attachment: LCSO Form 180 (revised May 4, 2006), completed.

www wilburlaw com


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LEE COUNTY SHERIFFS OFFICE

PRELIMINARY REPORT AGAINST MEMBER / EMPLOYEE

Addendum A

A To-From stating the details of the COMPLAINT NUMBER

complaint must be attached prior to To be completed by IA personnel

submission by Supervisor.

SEX _______ RACE _______ DOB ____________

COMPLAINANT (S) _____________________________________________ HOME PHONE ________________________

ADDRESS ______________________________________________________ WORK PHONE ________________________

CITY _______________________________ STATE _______ ZIP _________ CELL/PAGER ________________________

ARRESTED? YES NO INCARCERATED? YES NO IF YES, WHEN/WHERE? _____________________________

ARREST # / CFS # __________________________________ CHARGE (S) _______________________________________

CONTACT INFORMATION _____________________________________________________________________________

IF COMPLAINANT IS A JUVENILE, PROVIDE NAME, ADDRESS & PHONE NUMBER (S) OF PARENT/GUARDIAN:

______________________________________________________________________________________________________

COMPLAINT(S) AGAINST __________________________________ ID # __________ ASSIGNMENT ______________

NATURE OF COMPLAINT ______________________________________________________________________________

NATURE OF INJURY, IF ANY ___________________________________________________________________________

DATE / TIME OF OCCURRENCE ____________________________ PLACE _____________________________________

OTHER PERSONNEL INVOLVED ID # ASSIGNMENT

1) ____________________________________________________________________________________________________

2) ____________________________________________________________________________________________________

3) ____________________________________________________________________________________________________

WITNESSES (Last, First MI) ADDRESS (City, State, Zip) PHONE

1) ____________________________________________________________________________________________________

2) ____________________________________________________________________________________________________

DATE/TIME COMPLAINT MADE : HOW RECEIVED : REPORT PREPARED BY (PRINT)

: :: Phone __ Letter __ In Person __ :

IF AVAILABLE, OBTAIN SIGNATURE AND PROVIDE COMPLAINANT WITH A COPY OF THIS REPORT,

HOWEVER COMPLAINANTS MAY REMAIN ANONYMOUS.

COMPLAINANT SIGNATURE ___________________________________________________ DATE__________________

ACKNOWLEDGED BY SHERIFF / DESIGNEE ____ ________________________________ DATE__________________

Dennis Daley

M W 12/03/69

N/A

The Wilbur Smith Law Firm, 1415 Hendry Street

Fort Myers FL 33901

785818 DUI, Battery, Resisting Arrest w/ Violence

Sawyer C. Smith, The Wilbur Smith Law Firm

All LCSO on Scene

Including but not limited to: Multiple Facial Fractures, Lacerations, Contusions

9/21/14, 10:56 pm 2301 Caladium Rd

K. Sherman 06-091 Central DistrictM. Dziuba 05-171 Central District

All other LCSO personnel on scene, at Lee Memorial Hospital, and their supervisors.

See Attached List

N/A

Including but not limited to: Excessive Force, False Information in a Report, Violation of Civil Rights

WSLF: (239) 334-7696

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