The events described here are allegations, which may or may not be factually accurate. We do not know if this complaint has been investigated yet.
 

Misconduct Incident Report for Maitland Police Department

Complaint #28: Submitted to Investigative Agency
Submitted to OpenPolice.org
March 2019
Submitted to Investigative Agency
May 2019
No Response from Investigative Agency
pending
Received by Investigative Agency
pending
Investigated by Investigative Agency
pending
Investigative Agency Report Uploaded
pending
Indicent Date February 2019
Indicent Location 106 Lake Ave, Maitland, FL 32751
Publishing Settings Publish Complainant's Name, Publish Officer Names, Publish Incident Address

Allegations

Including comments from the complainant
Wrongful Arrest
Because i did nothing at all , and being arrested for resisting without violence does not match what happened.
Wrongful Detention
It was the detainee
Bias-Based Policing
Because he arrested me for no justification or cause .
Excessive Arrest Charges
Because officer Martell had got frustrated by me asking why was the cuffs on me and he wanted to show off in front of fellow officers.
Neglect of Duty
Officer Refused To Provide ID
 

Story

On February 3, 2019 at 9:17 My son was pulled over and i was the passenger The officer approached the vehicle to explain to the driver his license was suspended. Then the officer went back to his vehicle to call in driver information. At that point he was taking a long time i stuck my head the driver side window to inform him i had somewhere to go . He did not respond so i thought he did not hear me because he was on the phone at the same time. I got out passenger side door and stood at the back of the SUV, which was 12 yards away, again also informed him i had somewhere to go , then I stated the stop is on my son you can’t detaine me he then informed me i was correct and can leave at any time. I stated I’m staying here to make sure nothing bad happens to my son. At that point he instructed me to return to the vehicle so i asked him can he hurry up and so he asked can i get back in the vehicle and i did. Within 4 minutes other vehicles arrieved. Then two officers approached my door and asked me to get out and handcuffed me , they said it was for safety. While he was talking to my son i was communicating with the other two officers, i kept asking why was i being cuffed. I was back in the truck before the other officers came. I asked the lieutenant why am i being cuffed. So when the other officers were getting ready to leave i said to officer 1 cuffing me was not necessary, at that statement he said you are arrested. From the time they ask me to get out the SUV to when he said you’re arrested there was no cussing , no resisting, i was not being argumentative towards none

...

On February 3, 2019 at 9:17 My son was pulled over and i was the passenger The officer approached the vehicle to explain to the driver his license was suspended. Then the officer went back to his vehicle to call in driver information. At that point he was taking a long time i stuck my head the driver side window to inform him i had somewhere to go . He did not respond so i thought he did not hear me because he was on the phone at the same time. I got out passenger side door and stood at the back of the SUV, which was 12 yards away, again also informed him i had somewhere to go , then I stated the stop is on my son you can’t detaine me he then informed me i was correct and can leave at any time. I stated I’m staying here to make sure nothing bad happens to my son. At that point he instructed me to return to the vehicle so i asked him can he hurry up and so he asked can i get back in the vehicle and i did. Within 4 minutes other vehicles arrieved. Then two officers approached my door and asked me to get out and handcuffed me , they said it was for safety. While he was talking to my son i was communicating with the other two officers, i kept asking why was i being cuffed. I was back in the truck before the other officers came. I asked the lieutenant why am i being cuffed. So when the other officers were getting ready to leave i said to officer 1 cuffing me was not necessary, at that statement he said you are arrested. From the time they ask me to get out the SUV to when he said you’re arrested there was no cussing , no resisting, i was not being argumentative towards none of the officers and fact i was calm throuh the whole process. Axon body cameras will prove everything i said . They told me the body cam was rolling , officer Martell lied throughout his report , and also the body cam will show that. Officer martell lied on his report to justify the arrest. I was placed under arrest for resisting without violence, clearly it was fraudulent. The report and the facts put in the report does not support the video

Ron Mccoy (Victim #1)

Creator of this complaint? Yes
Race Black/African/Caribbean
Gender Male
Recorded this Incident?
"Did this witness record the incident with audio or video?"
No
Chased by police?
"At any point, were you chased by the police?"
No
Did subject have weapon?
"Did you have a weapon?"
No weapon

Witness #1

Race Black/African/Caribbean
Age Range 16-24
Gender Male
Body Type Slim/Slender
Recorded this Incident?
"Did this witness record the incident with audio or video?"
No

Martell Sione (Officer #1)

Department Name Maitland Police Department
Officer's Role in this Incident
"What was this officer's role in the incident?"
Subject Officer
Duty Status During Incident
"At the time, this officer was ..."
On-Duty
Wearing uniform?
"Was this officer wearing a uniform?"
Yes
Age Range 25-34
Race Hispanic/Latinx
Gender Male
Body Type Large/Fat
Wearing body camera?
"Was this officer wearing a body camera?"
Yes

Police Vehicle #1

Vehicle unmarked or undercover?
"Was this an unmarked or undercover police vehicle? That means it looks like a normal vehicle with no badges, graphics, or visible police lights."
Not sure

Police Vehicle #2

Vehicle unmarked or undercover?
"Was this an unmarked or undercover police vehicle? That means it looks like a normal vehicle with no badges, graphics, or visible police lights."
No

What Happened

Scene Type
"Where did this incident begin?"
Outdoor public space (includes roads, sidewalks, parks, etc.)
Incident began with vehicle stop?
"Did this incident begin with a vehicle stop? (This includes cars, trucks, motorcycles, bicycles, and boats.)"
Yes
Incident began with traffic accident?
"Did this incident begin with a traffic accident?"
No
Closed circuit cameras on scene?
"Were there any video surveillance cameras at the scene?"
Not sure
Officer stop, detain, or questioned someone?
"Did an officer stop, question, or detain anybody during this incident? This is when officers pull over a vehicle, or keep anyone from leaving."
Yes
Think stop or detention wrongful?
"Do you think anybody was wrongfully stopped or detained?"
Yes
Anyone ask for officer's ID?
"Did anybody ask for an officer's ID?"
Yes
Officer refused to provide ID?
"Did an officer refuse to provide ID?"
Yes
Officer searched someone or something?
"Did an officer conduct any searches during this incident? (This includes all types of searches of people, vehicles, homes, or other property.)"
No
Property seized or damaged?
"Was any property seized or damaged? (This does not include illegal items.)"
No
Think officer sexually harassed someone?
"Do you think an officer sexually harassed anybody? This includes the use of unwanted sexual advances or obscene remarks."
No
Think officer sexually assaulted someone?
"Do you think an officer sexually assaulted anybody? Sexual assault is any sexual act that a person is forced to engage in against their will. This includes any non-consensual sexual touching."
No
Officer used physical force?
"Did an officer use physical force on anybody during this incident? This includes any use of violent contact up to and including deadly force by an officer."
No
Officer arrested someone?
"Did an officer arrest anybody during this incident? That means the officers took somebody to the police station."
Yes
Think arrest was wrongful?
"Do you think anybody was wrongfully arrested?"
Yes
Officer give ticket or citation?
"Did anybody who was not arrested get a ticket or citation?"
No
Think officer neglected duty?
"Do you think an officer neglected their duty by failing to take appropriate action? These are things an officer should have done but didn't do."
Yes
Think officer violated policy or procedure?
"Do you think an officer took actions that violate a policy or procedure? Leave blank if you described this in an earlier allegation."
Not sure
Think officer wrongfully intimidated w/ weapon display?
"Police are legally allowed to display a weapon if they feel threatened. But it's wrongful for police to use a weapon to intimidate people who aren't a threat.

Do you think an officer displayed a weapon — or a police dog — to wrongfully intimidate anybody? (This does not include any violent use of force. Answers in red are allegations.)"
No
Think officer actions were biased?
"Do you think an officer acted in a biased or discriminatory manner?

That means an officer's conduct was based on a person's race, gender, appearance, nationality, religion, age, class, sexual orientation, residence, disability, etc."
Yes
Incident part of repeated or continued contact with the same officer?
"We asked you to focus this complaint on a single, specific incident. But was this incident part of repeated or continued contact with the same officer?

These contacts could have happened over days, weeks, or months."
No
Think arrest charges were retaliation?
"Do you think the arrest charges filed against anybody were a form of retaliation?"
Yes
Think officer was discourteous?
"Was an officer discourteous in ways not included in other allegations?

This includes the use of profanity, offensive language, loss of temper, verbal threats, impatience, or any rude behavior."
No
Any officers injured?
"Were any officers injured during this incident?"
No

Stop / Detention

Officer gave reason for stop
"Did an officer give a reason for the stop?"
Expired Registration, License Plate Violation
Subject ask to leave?
"Did anybody ask to leave?"
Yes
Officer requested ID?
"Did an officer ask for anybody's ID?"
Yes
Subject refused to give ID?
"Did anybody provide ID to an officer?"
Yes
Officer gave alcohol breath test?
"Did an officer give anybody an alcohol breath test?"
No
Officer gave marijuana breath test?
"Did an officer give anybody a marijuana breath test?"
No
Officer collected saliva?
"Did an officer collect anybody's saliva?"
No
Officer gave other sobriety tests?
"Did an officer give anybody any other sobriety tests?"
No
Subject frisked?
"Was anybody frisked during this stop?"
Yes
Subject handcuffed?
"Was anybody handcuffed during this stop?"
Yes
Officer entered private property?
"Did an officer enter a private home or workplace?"
No

Arrests

Did officer state a reason for arrest?
"Did an officer say why they made the arrest(s)?"
No
Strip search done at station?
"Was anybody strip searched at the police station? This is a search for concealed items that removes some or all clothing to reveal intimate areas of the body."
No
Were any charges filed?
"Were any charges filed against anybody for this incident?"
Yes
Were all charges dropped before released?
"Were ALL the charges dropped before everybody was released?"
No

Glossary of Terms

Gold-Level Complaint
This user opted to share more complete details about their police experience than a Basic Complaint.
Wrongful Arrest
Allegation: Police took someone into custody without a warrant or probable cause.
Wrongful Detention
Allegation: Police pulled over a vehicle or stopped someone without reasonable suspicion.
Bias-Based Policing
Allegation: An officer's conduct was based on a person's race, gender, appearance, nationality, religion, age, gender, sexual orientation, residence, disability, etc.
Excessive Arrest Charges
Allegation: Police filed arrest charges to punish someone beyond what's legal or appropriate.
Neglect of Duty
Allegation: The officer's inaction did not follow appropriate policy, procedure, or guidelines. These are things an officer should have done, but didn't do.
Officer Refused To Provide ID
Allegation: Example: An officer allegedly failed to provide the complainant with his name and badge number after the identification was requested.