TAMPA, Fla. — When the Tampa Police Department on Election Day announced it fired Michael Scaglione for unauthorized use of deadly force in April, Yvette Lewis of the Hillsborough NAACP applauded the decision.
Bodycam video showed Scaglione placing a domestic violence suspect in a chokehold. TPD says the man lost consciousness and that the officer struck him in the head several times as he continued to resist arrest.
"I was upset and disappointed that a police officer would do that and that they did not even recognize the signs of distress that was going through this gentleman's body at the time,” Lewis said.
Brandon Barclay, president of the Tampa Police Benevolent Association, told 10 Investigates via phone on Monday that Scaglione did nothing wrong. He said when his case is heard, the union will be able to prove Scaglione used a department-approved harness technique and not a chokehold.
Barclay also said the officers were in a tense situation because of the suspect resisting, and the blame rests on him and not the officers trying to respond and make an arrest.
However, a disposition letter dated Aug. 30 said, “Once shown the BWC video [Scaglione] conceded that it is possible that he inadvertently placed the defendant in a chokehold.”
Lewis stands by TPD, saying Chief Lee Bercaw made the right decision by firing Scaglione. But she believes there should be more accountability for Anthony Girouard, the second officer on the scene.
"The officer saw what was happening and then he didn't say anything,” she said. "You constantly…asking the community to open up and talk if you see something, say something. But yet, within the organization of the Tampa Police Department, they don't say anything."
Dr. Randy Nelson, a law enforcement consultant and former criminal justice professor, told 10 Investigates that accountability for Scaglione’s actions goes beyond TPD.
"Not only did he violate agency policy, but he also violated the law, Florida statute 943.1735 which limits chokeholds unless, you know, immediate harm or death to the officer or anyone else, then it can be applied,” he said.
Additionally, Florida law requires officers to intervene when another uses excessive force. Nelson said that could be applicable in this case.
However, the law states the on-duty officer must observe another officer attempting or using excessive force. TPD said Girouard reported not being able to see the actions of his partner during the time the department says the suspect was in a chokehold. A spokesperson said Girouard was disciplined.
“I think [Girouard] should have received a harsher punishment than what he did receive,” Lewis said. “And so again, this goes back to accountability and what goes on.”
For Nelson, accountability means better educating the force.
"I contend that they need to go back and even retrain existing officers because they may not know their duty to intervene under law,” Nelson said.
TPD declined an interview for this story, but Chief Lee Bercaw said in a statement, "Even in the heat of the moment, officers must be able to respond according to established policies and training procedures which were developed to ensure the safety of the officers as well as the public."
For Nelson and Lewis, it’s a step in the right direction.
“Chief made the decision that let the community see that we hold our own accountable,” Nelson said.
Emerald Morrow is an investigative reporter with 10 Tampa Bay. Like her on Facebook and follow her on X. You can also email her at emorrow@10tampabay.com.