By Julia Marnin
The Charlotte Observer
(TNS) tased man Florida
(The Charlotte Observer) A man who burst into flames at a Wawa gas station after deputies tackled and tased him near a fuel pump says a central Florida sheriffâs office has an âagency-wide culture of escalating minor criminal offenses into violent and deadly encounters.â
Osceola County Sheriff Marcos R. Lopez is accused of fostering this culture, which resulted in deputies wrongly pursuing Jean Barreto-Baerga on Feb. 27, 2022, the day that left him with severe burns covering 75% of his body, according to a new federal lawsuit.
After Lopez publicly promised a âcrackdownâ on street bikers, Barreto-Baerga was mistaken for a motorcycle rider suspected of aggravated assault, a complaint filed Jan. 22 says. Then, he was pursued by Osceola County sheriffâs deputies and a helicopter unit, according to the complaint.
Though deputies were told Barreto-Baerga didnât fit the suspectâs description during the pursuit, they continued to follow him to a Wawa gas station, where he stopped to refuel his bike, the complaint says. The Wawa was outside the deputiesâ jurisdiction.
At the Wawa, deputy David Crawford tackled Barreto-Baerga from behind at the pump, according to the complaint, which says the deputies then began repeatedly tasering him as he was pinned to the ground.
Thatâs when gasoline poured out of his motorcycle and began pooling around Barreto-Baerga, the complaint says.
Crawford warned Barreto-Baerga that heâd taser him again, despite the âexposed gasoline in the immediate vicinity of (Barreto-Baergaâs body),â according to the complaint.
Then Crawford tased him and âimmediately ignited the gas,â causing an explosion that engulfed Barreto-Baerga in flames, the complaint says.
tased man Florida
Barreto-Baerga needed emergency treatment for second- and third-degree burns and spent a year in an intensive care unit as a result, according to the complaint.
âFor months after the burning, (Barreto-Baerga) was without most of the skin on his body,â the complaint says.
Now, Barreto-Baerga is suing Lopez, Crawford and other sheriffâs deputies involved in the incident for constitutional violations, assault and battery, intentional infliction of emotional distress and more.
âIt is impossible to explain the man I am today compared to the person who was riding a motorbike that day,â Barreto-Baerga said in a news release on the lawsuit. âRiding was my hobby. This has changed my life, my work and my relationships and I struggle to see what the future looks like for me.â
The Osceola County Sheriffâs Office didnât immediately respond to McClatchy Newsâ request for comment Jan. 24.
Jury finds deputy not guilty
Crawford was criminally charged over the encounter with Barreto-Baerga, WKMG-TV reported.
In November, a jury found him not guilty of culpable negligence, according to the TV station.
During the trial, State Attorney Ryan Williams said: âCrawford picks up the weapon, transfers it to dominant hand, and says he is going to use it. Overwhelming evidence shows Crawford discharged the taser that injured Jean Baretto,â WKMG-TV reported.
Crawford testified that the taser went off by accident and that Baretto-Baerga was resisting arrest, according to the TV station.
âI relive that nightmare every single dayâ
After Barreto-Baerga arrived at the hospital, badly burned, his parents were told it was unlikely that heâd survive, according to the lawsuit.
Since his body rejected skin grafts that came from cadavers, medical staff performed a âfirst-of-its-kind skin culture growing procedureâ while Barreto-Baerga was in a medically induced coma, the complaint says.
The procedure saved his life.
In the months after he was burned, Barreto-Baergaâs body âwas wrapped and unwrapped in gauze daily, bleeding profusely,â the complaint says.
None of the deputies involved in apprehending Barreto-Baerga at the Wawa faced discipline, besides Crawford, according to the complaint.
âThe conduct and decision-making of the Osceola County Deputies when they encountered Jean Barreto was despicable, yet it was also an unmistakable reflection of their training and direction from Sheriff Marcos Lopez,â attorney Antonio M. Romanucci, who represents Barreto-Baerga, said in a statement.
âThe culture of this department emboldened deputies to use excessive and unreasonable force, emphasized machismo over reasonable policing and ultimately put the public at risk instead of protecting and serving members of the community.â
The lawsuit seeks an unspecified amount in damages and demands a jury trial.
âI feel very alone, and I am in constant physical pain,â Barreto-Baerga said in his statement. âEverything changed that day. I relive that nightmare every single day.â
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Notes from APS Radio News
In the context of policing in different jurisdictions and the use of excessive force, the public have become ever more aware of instances of abuse.