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Citizens Commission to Investigate Police Custody Deaths in Fla.

The Associated Press

JACKSONVILLE, Fla. (AP) - The deaths of two men in police custody will be investigated by a citizen’s commission that will also look into the Jacksonville Sheriff’s Office’s policy on using deadly force.

State Sen. Tony Hill announced the creation of the 16-person citizen’s group Monday. The commission will make recommendations on police policy and training, and decide if there is a need for federal civil rights commission involvement, Hill said.

The body does not have subpoena power but still aims to take testimony from sheriff’s office personnel, the Florida Department of Law Enforcement, criminal justice experts and people who believe they or their family members were “subjected to deadly force” by police, according to a letter Hill sent to Sheriff John Rutherford.

The Justice Department and the FBI are also investigating the cases of Sammy Evans Jr., 49, who died Dec. 3 after he was arrested for public drinking, and Ezra Jones, 29, who died Dec. 5 after being shot with pepper spray and put in restraints at the Duval County Jail. An autopsy shows Evans died of a broken neck.

Evans became unresponsive after a struggle with rookie Officer Kaleb Underwood, 27, who has resigned. Evans and Jones were not armed when arrested, and both are black.

Rutherford, who discouraged Hill from going ahead with the commission in a Thursday letter obtained by The Florida Times-Union, said officers can’t discuss open investigations and the probe can’t be interfered with.

Police union president Nelson Cuba questioned Monday how citizens could judge split-second decisions of trained police officers and why a commission was created before authorities complete their investigations.

But Hill defended his initiative, calling Rutherford’s letter a “status quo response from law enforcement.”

The Jacksonville senator said the committee will not impede investigators, but examine public policy that could lead to legislation.

Rutherford has denied a pattern of brutality and requested that federal authorities join in the investigation into the deaths.

Sheriff’s office policy says deadly force may be used only when the officer “reasonably believes that the action is in defense of human life,” or to prevent the escape of a suspect who presents an imminent danger to others.