4 BSO deputies suspended with pay in excessive force investigation

Previously acquitted deputy at center of allegations

DANIA BEACH, Fla. ā€“ An assault suspect was handcuffed and under interrogation one minute and battered and bruised -- his right eye blackened and shut, his cheek grotesquely swollen -- the next, needing a visit to the hospital.

One question in the ongoing internal investigation into the incident is whether a Broward Sheriff's Office deputy was justified in inflicting that damage with his punches.

Four deputies in the Dania Beach district -- Gerald Wengert, Sean O'Brien, Dan Miller and Matt Griffith -- were taken off the road during an internal investigation in which another deputy made a complaint about what he saw the night.

Wengert, a one-time reality TV star who was acquitted by a jury of battery and official misconduct charges in 2013, wrote in his report regarding the arrest of Robert Arciola, 51, that the suspect was cursing at deputies during an interrogation during which the suspect was sitting handcuffed on the tailgate of a truck in the driveway of the residence.

Arciola, whom deputies reported had allegedly been drinking and smoking crack, complained that his handcuffs were too tight. This is what Wengert wrote about what happened next:

"I advised the suspect that I was going to remove a handcuff and place another set of handcuffs for his comfort ... As soon as I removed the first handcuff, the suspect immediately spun and yelled, "It's one on one (expletive)." The suspect then pushed me and threw a punch with a closed fist. The punch hit me in the chest. The suspect still had one handcuff attached to him and attempted to swing his fist again. I immediately struck him with a left closed fist then immediately followed it with a right closed fist punch to the suspect's face ... The suspect fell and struck the right side of his face on the side of the truck. I then grabbed him and threw him into the bed of the truck ... The force I used was necessary to prevent me from serious bodily harm ..."

O'Brien's account in the probable cause affidavit in the case basically supported that account. From his report:

"While I was interviewing the victim, Deputy Wengert advised me that he was going to adjust the defendant's handcuffs. During that process I observed an altercation ensue during which the defendant took a fighting stance and struck Deputy Wengter in the chest with a closed fist. I observed Deputy Wengert struggle with the defendant as he was violently resisting by swinging his arms towards Wengert ... before Wengert and [Dep. Dan] Miller were able to overcome his resistance and safely restrain him."

The two other deputies who are under investigation, Miller and Griffith, wrote in their reports that they didn't see what precipitated the violence. Miller, who was the only other deputy to restrain Arciola, wrote the following:

"I then heard the suspect complain that his handcuffs were hurting his wrist. Deputy Wengert checked his handcuffs and advised Deputy O'Brien that he was going to re-handcuff the suspect. I then observed Deputy start to fix the suspect's cuffs. I then turned away for a second towards Deputy O'Brien, when I turned back Deputy Wengert [was] involved in a physical altercation with the suspect."

Griffith too said he didn't observe the beginning of altercation. He wrote that he was walking toward people in a nearby "field area" to tell them to leave when: "I hard a noise behind ... I turned around and observed that Arciola was laying on the bed of the truck and Deputy Wengert was on top him. Arciola was reaching toward Deputy Wengert's face and head area."

Arciola, who was sentenced back in 1987 to probation with adjudication withheld after pleading guilty to battery on a law enforcement officer, was charged with aggravated assault for the knife incident and resisting arrest and battery on a law enforcement officer for what happened during the interrogation.

The Broward Sheriff's Office was tight-lipped on the internal investigation up until Thursday, when it confirmed all four deputies have been suspended with pay.

Despite requests, sheriff's spokeswoman Veda Coleman-Wright did not initially release any information on the status of the deputies, though employees confirmed they had been taken off the road and were on leave.

That arrest occurred in February. Multiple independent sources said that Deputy Jeffrey Ventura, who was also present at the scene, filed a complaint with the FBI alleging wrongdoing by deputies, according to multiple independent sources. The state attorney's office dropped the charges of battery on a law enforcement and resisting arrest against Arciola on July 15.

Wengert is a defendant in an active federal lawsuit alleging he yanked a 21-year-old motorist from his car, smashed his head against the door frame and pounded him with his fists, fracturing his face.

In 2013, a jury acquitted him of battery, official misconduct and falsifying reports when he allegedly accosted a 17-year-old boy who had a road run-in with his girlfriend.

According to reports, Wengert rushed to the scene and punched the teen and had his dog attack him while arresting him.

Follow Bob Norman on Twitter @NormanOn10

Follow Local 10 News on Twitter @WPLGLocal10