JACKSONVILLE, Fla. — A Jacksonville couple has filed a formal complaint against a JSO officer who they say attacked them inside a River City Marketplace Walmart store.
Action News Jax showed you the video on Monday after it went viral on social media.
The Jacksonville Sheriff’s Office said the Sunday night incident is now under “administrative review”.
The video has now been shared more than 11,000 times on Facebook.
A witness who didn’t want to share her name told Action News Jax that when she entered the Walmart that night, she was told she only had five minutes to shop because the store closes at 8:30 p.m.
She described the approach by the employee as “hostile.”
The woman said she saw two people who were later identified as Yoel Rodriguez and his wife Diana Salazar struggling to understand what the employees were saying because they don’t speak English.
“All of us were basically trying to tell him ‘he don’t speak English’. At that time that’s when several other Walmart associates walked over, neither one of them also spoke Spanish either,” said the witness.
Rodriguez told Action News Jax reporter Lorena Inclán over the phone they had been inside the store for about three hours prior to the incident.
At one point he said an employee motioned to him to leave but because the cash registers were full of customers, he figured he could quickly grab a last-minute produce item before checking out.
According to a police report, when he continued shopping an employee called for off-duty JSO officer to intervene.
“The police officer pushed the buggy so when he pushed the buggy it hit his child,” said the witness.
You could see the moment the child is hit in the video. Shortly thereafter, something fell to the floor. The witness said it was the officer’s body camera. She also noticed that the officer put on gloves.
“Once he pulled the gloves out, we could kind of tell that the situation was going to already escalate,” said the witness.
Rodriguez is heard yelling “don’t touch me” in Spanish as the officer tried to grab his arm. Then officer punches him in the face leaving him with a broken nose.
“He never hit the officer. The whole time the man was just trying to figure out what was going on. All the physical contact really came from the officer first,” said the witness.
Salazar can also be seen in the video tugging at the officer’s arm as he’s fighting her husband pleading with him to please stop.
Action News Jax showed the videos to our Law & Safety expert Dale Carson.
“This shouldn’t have happened this way,” said Carson.
Carson said opportunities were missed to deescalate the situation and believes the officer lacked training.
“When you think about it it’s a Walmart problem. It’s not a police problem, it’s a civil problem,” said Carson. “Walmart is bringing in law-enforcement to manage what amounts to helping them close the store.”
When Action News Jax asked JSO about its protocol when encountering non-English speakers, a spokesperson sent us this explanation:
Our operational orders address language barriers. Specifically, they state, “If an officer has responded to a call for service requiring a non-English translator, the officer should contact his supervisor to obtain permission to utilize a language line service. Officers may request the assistance of officers who can fluently speak and write the specific language prior to calling the interpreter service.” It is important to note that there is a delay in the time between when an officer requests a translator and when a translator arrives or is available by phone. In instances where an officer has contact with a citizen and is performing their lawful duty, there may not be time to call for a translator if immediate action is needed. After the scene has been determined to be safe for all parties, a translator will be requested, if needed.
JSO said it currently employs 17 officers who receive Spanish incentive pay. According to JSO spokesperson Officer Cheyenne Meyer, these officers are required to complete a proficiency test and respond to calls throughout the city where a Spanish speaking officer is requested.
Rodriguez, who’s a naturalized U.S. citizen from Cuba, and the witness said there was no attempt made to try to find someone, whether it was JSO officer or store employee, to help translate. The police report also lists Rodriguez’s second language as “English” which is incorrect.
Rodriguez is facing a battery on a law enforcement officer charge. Prior to this incident he only had traffic citations, an eviction case, and an auto negligence case on his record in Duval County.
Action News Jax has requested the personnel file of the officer involved in this case.
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