Former Jacksonville officer accused of punching handcuffed woman will not face felony charges

The former Jacksonville Sheriff's officer seen on video punching a handcuffed woman at the Duval County Jail will not face felony charges.

The State Attorney's Office released a seven-page disposition statement or its investigation report on Wednesday. The woman’s lawyer says that's not only injustice, but biased prosecution.

Former officer Akinyemi Borisade was fired after JSO made the violent video public. The State Attorney’s Office released its findings after deciding not to charge Borisade with felony battery.

"The video shows a battery occurring. It doesn't show the extent of the battery, doesn't show injuries," said Action News Jax crime and safety expert Ken Jefferson.

Jefferson said that's the key difference between felony battery and misdemeanor battery.

The report outlines several accounts of the woman in the video, Mayra Martinez, being under the influence of at least alcohol and possibly drugs.

In the report, a CSX police officer told investigators Martinez was agitated and abusive to the officers saying among other things, "You're all gonna be fired."

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He saw Martinez kick officer Borisade twice. According to the report, he also saw the officer hit Martinez and "believed it was inappropriate and that Borisade knew this."

"You can't fall for it. You're the professional. Clearly, video shows officer crossed a line. He lost it on her," Jefferson said.

That CSX officer added that "he believed that Martinez only 'acted' hurt, after nobody was paying attention to her."

Attorney John Phillips, whose firm is representing Martinez, disputes that and sent several medical records documenting what he says are injuries from the beating. Among them, he said she can't feel her fingers and has six levels of permanent disc injury.

Phillips calls the release of the disposition statement an attempt to disparage his client, even calling it libelous.

Borisade pleaded not guilty on Wednesday to misdemeanor simple battery. Action News Jax will continue to follow the developments of this story.

Cox Media Group