By Jim Schoettler
Florida Times-Union
The leader of an anti-crime squad of Jacksonville cops has been charged with repeatedly beating a handcuffed man in the head last summer after being told the man bit one of his officers, Undersheriff Frank Mackesy said.
Sgt. Marc Garza, a 13-year veteran, was already free on bail on a charge of ordering an officer to falsify a burglary report when he surrendered Wednesday morning in the beating case. About the same time, Officer David Cervone was coincidentally pleading guilty in court to filing the false burglary report in August at Garza’s behest.
Cervone’s plea agreement includes his promise to testify against Garza in the false report case, which police said stemmed from a hunt for drugs that turned up empty.
Both men were part of a special anti-crime squad sent to high-crime neighborhoods to curb ongoing violence.
The squad worked under the Operation Safe Streets program, begun by Sheriff John Rutherford in response to the city’s homicide rate.
In the beating case, Garza is accused of using a heavy, metal portable police radio to repeatedly hit Somario Atkins in the head after his arrest in August.
Police charged Atkins, 24, with cocaine possession, battery on a law enforcement officer and resisting arrest after a tip led them to him in a hotel room on Cagle Road. Atkins was sitting handcuffed in the back of a police car when he was beaten in the head, causing a 2-inch laceration, Garza’s arrest report said. In the report, Garza is accused of opening the car’s door and attacking Atkins after Garza was told one of his officers was bitten. Mackesy said the bite wound was superficial.
Atkins was taken in a patrol car to Shands Jacksonville hospital, where he received two staples to close the head wound, an arrest report said. Atkins apparently did not report the attack, but two officers came forward with information that led police officials to take Garza off the street and begin an investigation of his squad, Mackesy said.
A jury found Atkins guilty in January of all counts. He is serving a 10-year prison sentence and has no intent to appeal because of Garza’s arrest, Public Defender Matt Shirk said in an e-mail.
The investigation into Garza’s squad led to details about the beating, the fake burglary report and a third incident last year in which Garza is accused of ordering a door being kicked in without a warrant, Mackesy said.
Garza, 44, is charged with aggravated battery and official misconduct in the beating case. He was released on his own recognizance. He remains free on $150,000 bail in the false police report case, which is set for trial June 28.
Mackesy said the Sheriff’s Office has no tolerance for rogue police officers.
“Garza doesn’t represent what this agency has to offer at all,” Mackesy said.
Garza’s attorney, Mitch Stone, declined to comment.
Garza, promoted to sergeant in April 2007, has 12 citizen complaints and two in-house complaints in his police record. Those accusations led to two written reprimands and two formal counseling sessions, records show.
In the false report case, Cervone, 32, was accused of writing a fake police report in August at Garza’s direction.
Investigators said Garza’s squad went to a home on West 26th Street in Northwest Jacksonville as part of a drug investigation. No one answered the door of what turned out to be a vacant home. Garza is accused of moving a window air-conditioning unit so police could crawl in and search for drugs rather than leave.
Garza and at least one other officer went inside without probable cause to enter, police said. They found nothing illegal. Garza then ordered Cervone to write the report as if a burglary was reported and officers found the air conditioner already removed when they got to the scene, records show.
Cervone faces a year probation, fines and community service hours as part of his plea agreement on the misdemeanor charge. The agreement also calls for adjudication of guilt to be withheld, which means Cervone won’t have a criminal record if he upholds the conditions of his sentence.
A felony charge of official misconduct was dropped as part of the agreement.
Cervone hung his head in court while waiting to be called before Circuit Judge David Gooding. Cervone said little during the proceeding. His attorney, Donald Mairs, said Cervone regretted his actions.
“You’re dealing with a squad that’s out there trying to interdict drug sales, gun usage ...,” Mairs said. “If you have leadership sending you in a direction, I think there is a danger that you could make a mistake and end up answering for it as Mr. Cervone has.”
Prosecutors declined to comment.
Cervone declined to comment after the hearing. He remains free on $100,000 bail. His sentencing was scheduled for next month. The three-year officer remains suspended without pay pending a Sheriff’s Office internal investigation that could lead to his dismissal.
Garza faces similar charges in the fake burglary. He remains suspended without pay pending the outcome of his criminal cases.
In the third case, Mackesy said Garza is accused - but not charged - with ordering an officer to kick in a door of a suspected drug house on Shenandoah Avenue last summer without a warrant. No drugs were found. Prosecutors are continuing to investigate that case.
At least one other unnamed police officer possibly involved in illegal activity connected to Garza has been placed on desk duty as the criminal cases continue, Mackesy said.
Copyright 2010 The Florida Times-Union