Panama City, Bay County, Florida
Monday, October 28, 2013
By: Kevin Earl Wood, Email: allunited@bellsouth.net
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What should have been a routine traffic stop of a young student at the University of Central Florida (UCF) for a bad tail light on September 4, 2013 has now turned into a nightmare for the student who is now facing felony criminal charges arising from the traffic stop and the apparent mishandling of the traffic stop by a UCF police officer.
An in-depth official and public inquiry into the conduct of the UCF officer who made the stop is now underway.
The case has now attracted the attention of the Southern Christian Leadership Conference (SCLC) including the Rev. Jake Stovall, Chairman of the Orlando, Orange County, Florida Chapter of the SCLC. The Florida State SCLC Conference Chairman, Art Rocker, has also been briefed on the UCF case.
According to Rev. Stovall, “we will continue to do the things that Dr. Martin Luther King, Jr. started; not only in Orlando but world wide bringing peace and justice to the under-served. As for Ms. King’s case we will do whatever God will have us to do. We will continue to pray, be peaceful, and see that justice is being served.”
Rev. Jake Stovall, Orlando Southern Christian Leadership (SCLC) Chapter Chairman (Photo used with permission of the Orlando Sentinel, copyright 2013)
On September 4th, 2013, University of Central Florida (UCF) College student Victoria Alexis King, 26, was driving her mother’s car to seek medical help for herself according to Ms. King. The officer who stopped her, Timothy Isaacs UCF Police Department (UCFPD) was aware of this as Ms. King’s statement was recorded on the officer’s audio/video body camera that he was wearing.
An internal investigation into Officer Isaacs’ conduct by UCFPD is still under review by UCFPD as of the date of this story.
The body camera recorded the audio and video of all that happened before, during and after the traffic stop for the bad tail light. You can click here to see the entire video of the traffic stop on YouTube.
When Ms. King came to a full stop at a red light, a UCF Police Department Officer, Timothy Isaacs, was following behind her in his police vehicle and noticed that her driver’s side tail light was out. Ms. King then made a u-turn through the light and was pulled over by Officer Isaacs after completing the u-turn.
UCF Officer Timothy Issacs Sees Defective Tail Light on UCF Student Victoria King’s Car at Stop Light Before U-Turn
UCF Marketing Student Victoria Alexis King
UCF Officer Isaacs Pulls Over Ms. King’s Car With Obvious Defective Left Tail Light on Driver’s Side
After being pulled over, the officer again could again see the bad tail light on the driver’s side.
UCF Student Victoria King Hands UCF Officer Isaacs Her Driver’s License Through Fully Rolled Down Window Without Incident
Officer Isaacs then left his patrol car and approached the driver’s side window of Ms. King’s car. Ms. King rolled down her window “all the way” and handed the officer her driver’s license without incident. Ms. King asked the officer, “That’s why you pulled me over, because of a light? Can I go and get that fixed”? Officer Isaacs did not answer the question. Officer Isaacs then took the driver’s license he received from Ms. King and returned to his patrol vehicle.
This then became a critical point for Officer Isaacs to decide how to handle the traffic stop. He was faced with the decision to (1) issue Ms. King a verbal warning to have her tail light fixed, (2) issue her a written warning to have her tail light fixed, or (3) issue her a citation (ticket) for the bad tail light.
UCF Officer Isaacs Sits In His Patrol Car Writing a Defective Tail Light Ticket to Ms. King.
Apparently from the video Officer Isaacs did not consider options (1) and (2) and proceeded immediately to issue Ms. King, a young black female UCF student, the citation.
Officer Isaacs immediately wrote up the ticket and then proceeded from his vehicle back to Ms. King’s Vehicle to issue a civil, noncriminal, non-moving traffic violation citation to her that would include a $114.00 fine.
When Officer Isaacs returned to Ms. King’s driver’s side window the window was rolled down part way. Officer Isaacs asked Ms. King to roll down the window and Ms. King complied rolling the window down about a third of the way enough to communicate with the officer and to receive her yellow copy of the traffic citation.
Officer Isaacs was not satisfied with the window being rolled down a third of the way and further asked Ms. King, “Can you get it all the way down”? Ms. King again responds by rolling the window down half-way.
After Being Asked by Officer Isaacs to Roll Down The Window, Ms. King Rolls the Window Down Half-Way
Officer Isaacs, again, is able to communicate with Ms. King through the half-open window and is clearly able to pass Ms. King her yellow copy of the citation.
However, Officer Isaacs, as reflected in the video, clearly makes a conscious and intentional decision at this point that he will not do business with Ms. King through a half-rolled down window and insists that she roll the window down “all the way.”
Ms. King is clearly apprehensive as to rolling the window down all the way and asks the question “why” she needs to roll the window down. She asks, “what is the law.”
Officer Isaacs responds that it is for his “safety” yet Ms. King has not presented to this point any evidence of posing any threat to the officer. At this point it is simply a matter that (1) the officer was clearly able to communicate with Ms. King through the half rolled down window and (2) the officer was clearly able to hand Ms. King her yellow copy of the citation through the window.
Officer Isaacs’ assertion that he had to “reach” into the window to have her “sign” the ticket is simply not true.
First, even if Ms. King had to sign the ticket, which she did not under Florida law, the officer could have handed Ms. King the clipboard through the half-open window for her to sign.
Ms. King Reaches Out of Her Half-Rolled Down Car Window to Receive Her Yellow Copy of the Traffic Citation
Furthermore, Ms. King reached through the window herself to accept her copy of the citation. There was no need for the officer to “reach” into the window dispelling any concern of “safety” that the officer disingenuously communicated to Ms. King.
Officer Isaacs simply decided that he would not do business with Ms. King unless she rolled the window “all the way down.” His aggressive insistence on his demand appeared to contribute to Ms. King’s increased apprehension.
Again, Officer Isaacs was clearly disingenuous about having to reach into the car window to have Ms. King “sign” the ticket. Under Florida law there was no requirement for Ms. King to “sign” the tail light ticket and thereby there was no need for the officer to “reach” into the window, or even hand her the clipboard containing the citation.
Florida law only provides that the driver of a vehicle must sign a ticket, or face a new criminal charge, and possibly arrest, when (1) a “mandatory hearing” is required for the charge or (2) the offense is a “criminal” charge.
Section 318.14(2) of the Florida Statutes provides:
(2) Except as provided in ss. 316.1001(2) and 316.0083, any person cited for a violation requiring a mandatory hearing listed in s. 318.19 or any other criminal traffic violation listed in chapter 316 must sign and accept a citation indicating a promise to appear.
A violation of the tail light statute expressly states that a bad tail light charge is a “noncriminal” traffic offense.
Section 316.224(4) of the Florida Statutes provides:
(4) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
There are three check blocks on a ticket form that the officer must check when issuing the citation. These are:
- CRIMINAL VIOLATION COURT APPEARANCE REQUIRED AS INDICATED BELOW
- INFRACTION COURT APPEARANCE REQUIRED AS INDICATED BELOW
- INFRACTION WHICH DOES NOT REQUIRE APPEARANCE IN COURT
Florida Uniform Traffic Citation Check Blocks
It is clearly seen from the ticket issued by Officer Isaacs that he checked the block that concedes that Ms. King’s infraction does not require an appearance in court.
Officer Issacs Checks Block on Ticket Indicating Ms. King Not Required to Appear in Court
By the above Florida Statutes and his own ticket Officer King knew, or should have known if properly trained and experienced, that Ms. King did not have to sign the ticket and therefore there was no need for him to reach through the window. All he had to do is hand Ms. King her yellow copy of the ticket through the window or clearly when Ms. King reached out of the window to receive the ticket.
And again, even if Ms. King did have to sign the ticket, which she did not, there was still no need for this officer to reach through the window when he could have just handed Ms. King the clipboard to sign the ticket and have her return the clipboard to him with the signed ticket. Under the circumstances of this case, all Officer Isaacs had to do was hand Ms. King her yellow copy of the ticket. Traffic citations have three parts.
- COMPLAINT (RETAINED BY COURT)
- SUMMONS (VIOLATOR’S COPY)
- OFFICER – AGENCY COPY
Officer Isaacs’ adamant refusal to deal professionally and courteously with Ms. King through an adequately half-rolled down window caused the situation to escalate and as it appears in the video placed Ms. King in heightened apprehension in response to what appeared to be an unreasonable demand by Officer Isaacs to roll the window all the way down.
Ms. King had asked, “why do you need the window all the way down.” The answer appears to be that the officer did not need the window all the way down to conduct business with Ms. King, hand her a yellow copy of the ticket, and let her go on her way to her doctor’s appointment. Officer Isaacs was aware of Ms. King’s medical concern and that she was on her way for medical treatment but as clearly seen by the video ignored this matter. Instead, Officer Isaacs became obsessed with Ms. King rolling the window “all the way down.”
Ms. King again advises Officer Isaacs, “I need to go the health clinic.” Instead of dealing with this medical issue, Officer Isaacs demands that she, “step out of the vehicle.”
As a result of the now increased level of apprehension by Ms. King in response to the officer’s aggression, she rolls her window back up in what appears to be a reflex action to Officer Isaacs’ threat to break the window.
Officer Isaacs then asks Ms. King to “open up” and then turns and walks toward his patrol car. He does an about face, returns to Ms. King’s car and then advises Ms. King, “Open the window. If you don’t open the window I’m going to break the window.” Ms. King can be seen on the video dialing her cell phone apparently to call someone to get help with her situation.
Ms. King then opens the window part way and asks, “what did I do”? She continues to ask the officer “what is the law” that requires her to roll the window all the way down. Officer Isaacs repeatedly demands that she step out of the vehicle and then places his hands on the top of the partly opened window rather than trying to calm Ms. King down and deal, again, with her through a partially opened window that still (1) allows communication between the officer and the driver and (2) allows the officer to hand Ms. King her copy of the citation.
As evidenced by the video the officer is intent on breaking out the window simply because Ms. King would not roll the window, “all the way down.” The officer has no intent on dealing calmly and professionally with Ms. King through a sufficiently rolled down window.
Officer Isaacs Pulls With His Hands and Shatters Ms. King’s Window
In an apparent reflex action, Ms. King begins to roll the window up again and Officer Isaacs pulls on and shatters the window with both hands.
Officer Isaacs and Female Deputy Take Ms. King to the Pavement and Cross Her Hands Behind Her Back for Hand Cuffing
Ms. King is then dragged from the vehicle and is taken to the ground by Officer Isaacs and another female officer and is handcuffed and arrested.
Officer Isaacs then charges Ms. King with battery on an officer, resisting an officer with violence, and resisting/obstructing an officer without violence.
None of these charges would have been issued if Officer Isaacs had merely calmly and professionally dealt with Ms. King through an open window, albeit not rolled all the way down.
“But for” the officer’s aggression escalating from his obstinate obsession with the window being rolled down “all the way”, Ms. King would not now be facing two felony criminal charges and one misdemeanor criminal charge.
It is apparent from the video from general observation that this officer was not properly trained by his agency, nor sufficiently experienced, to deal with a citizen who questions police conduct and simply wants an explanation as well as professional and courteous treatment by an officer.
Nor does it appear that he was properly trained and experienced in the law regarding the signing of traffic tickets. After Ms. King’s arrest, Officer Isaacs placed her yellow copy of the ticket back into his ticket book when he could have simply given the yellow copy to Ms. King and let her go on her way to the doctor’s appointment.
Officer Issacs Replaces Ms. King’s Yellow Copy of Ticket Into His Ticket Book – White (Court), Pink (Officer), and Yellow (Driver’s) Copies Clearly Visible
It would be more disturbing in the public eye to question that if he did have the proper training and experience why would he choose not to apply that training and experience to this traffic stop with Ms. King?
After Ms. King was arrested she stated to the officer while in handcuffs, “You wanted to give me the citation, I was willing to take the citation. You broke a window and everything.”
Had Officer Isaacs given Ms. King her yellow copy of the citation, and let her go on her way to the doctor, the window clearly would not have been broken and Ms. King would not have been arrested and charged. Nor would Officer Isaacs have received the cuts on both his left and right hands where he pulled on and broke out the window.
University of Washington Study of Traffic Stops by Race
Statistically, it has been found through studies that minority, particularly black, drivers are dealt with differently than other drivers during traffic stops. A study by the University of Washington found that black drivers were almost less than half likely to receive a verbal warning than white drivers. Black drivers were also statistically less likely to receive a written warning than white drivers and had a greater chance of being ticketed, searched or arrested than white drivers during a traffic stop.
One law enforcement officer in Bay County, Florida, interviewed by Bay Community News, added that it was a matter of “common decency” for an officer to give a warning to a driver who merely has a broken tail light.
Another source with UCFPD stated that they do have written warning forms that they use.
Officer Isaacs in the video did not even consider giving Ms. King a verbal or written warning rather than issuing her an expensive citation that would appear on her record.
The video evidences that Officer Isaacs only wanted to escalate the confrontation with Ms. Hill, first by giving her a citation rather than a warning and second by an obstinate, and arguably irrational and unnecessary insistence that she roll the window “all the way down” rather than conducting business with her through a sufficiently rolled down window. The officer’s safety was never in jeopardy in this case.
State Attorney Jeffrey L. Ashton, Florida Ninth Judicial Circuit
The office of State Attorney Jeffrey Ashton, is still reviewing the case arising from the arrest and charges against Ms. King on September 4, 2013. Assistant State Attorney (ASA) Patrick Grozinger has been assigned by Mr. Ashton to continue review of the case to determine if “formal” charges will be filed.
According to Chief Assistant State Attorney Richard Wallsh, “I can tell you that as of today no charges have been filed with the courts. This office does not comment on pending investigations, however, I can confirm that an Assistant State Attorney has been assigned the case to determine whether to bring formal charges against Ms. King and that a decision will be made in due course.”
The SCLC is hoping that Mr. Ashton will consider the mitigating factors involving Officer Isaacs’ evident mishandling of the traffic stop evidenced by the video and the officer causing the traffic stop to unnecessarily escalate.
Mr. Ashton hopefully is aware of the time honored adage that, “The Solicitor General is not a neutral, he is an advocate; but an advocate for a client whose business is not merely to prevail in the instant case. My client’s chief business is not to achieve victory but to establish justice. We are constantly reminded of the now classic words penned by one of my illustrious predecessors, Frederick William Lehmann, that the Government wins its point when justice is done in its courts.”
Justice in Ms. King’s case hopefully will result in Mr. Ashton deciding to drop the criminal charges against Ms. King and to encourage UCFPD to take appropriate actions to ensure that future traffic stops never degrade to the point that Ms. King’s did and ensure that officers are properly trained and experienced before they are placed in the field to deal with the public.
Orlando criminal defense attorney John Guidry (www.jgcrimlaw.com) is adamant that Officer Isaacs’ use of discretion was abused and unconstitutional:
“What this officer apparently wants to do is to require the driver of the vehicle to do anything he chooses, whether it has a legitimate function in the issuance of a citation or not. Police officers do not have unlimited discretion in enforcing the law. Indeed, the primary role that the Fourth Amendment seeks to prevent is unbridled police discretion.
“The officer’s command to roll down the window ‘all the way’ does not sound like much of an imposition. But it is an unlawful command, and as such, it is not much different than the officer telling Ms. King to stand on her head. Stand on her head? What possible connection does that have with writing a citation for a broken tail light? Well, it has none, as does the officer’s claim that a partially rolled down window is somehow a safety concern. It is not. The officer’s order was arbitrary, is not for the safety of the officer, and, in fact, serves no purpose whatsoever.
“If Ms. King is accused of ‘resisting an officer’ for her failure to roll down her window fully, Florida Statute 843.02 requires that the officer be engaged in the legal execution of any legal duty. It would appear, then, that before Ms. King is required to obey the order of the officer, the order must be legal from the beginning. Clearly, this officer’s order was illegal, and as such, Ms. King’s charges should be dismissed.”
Orlando Criminal Defense Attorney John Guidry
Officer Isaacs could have exercised his “discretion” to conduct business with the driver, Ms. King, through a half-rolled down window. That is, he could have communicated with her in a professional manner and hand her the yellow copy of the citation and let her go to her doctor’s appointment.
It is apparent from the video that Officer Isaacs abused his discretion by not doing so. Now, Ms. King will have a felony arrest record as a result of Officer Isaacs mishandling the traffic stop through abuse of discretion.
Another Orlando criminal defense attorney, Lisa Figueroa (www.figueroalawfirm.com), agrees that Ms. King’s arrest could take a devastating toll on her life even if the state attorney declines to pursue charges:
“I do not expect the State Attorney’s Office to proceed on any of the felony charges. Unfortunately the arrest for the felony will always be on her record even if all the charges are dropped. That means she will now have to invest in getting her record expunged if she qualifies and you are only allowed under Florida law to get one taken off your record ever. It is sad that she would have to use that for this. Believe it or not people are charged with crimes that they are not guilty of more often than you can imagine, and to have to use it to clear this off her record and get her mug shot removed off the many websites that capitalize on it, is very unfortunate.“
Orlando Criminal Defense Attorney Lisa Figueroa
Law enforcement officials interviewed by Bay Community News have been unanimous in their opinion that a driver with a bad tail light should be given a warning, oral or written at the discretion of the officer. One officer interviewed characterized giving such a warning as, “common decency.”
Hopefully, State Attorney Jeffrey Ashton will consider the conduct of the officer in reviewing this case of great public importance. This case will answer the question as to whether or not a citizen has to roll his or her window down “all the way” to (1) communicate with an officer or (2) to accept and/or sign a traffic citation. This case will also help to educate the public to know that they do not have to sign for a traffic citation unless it (1) requires an appearance at a court hearing or (2) is a “criminal” traffic offense.
Both law enforcement and the public should learn from this case.