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Deputy takes down teenager

Updated: Wednesday, 26 May 2010, 12:07 AM EDT
Published : Tuesday, 25 May 2010, 4:08 PM EDT

ORLANDO, Fla. (WOFL FOX 35) - FOX 35 News has obtained exclusive video which shows the arrest of a 17-year-old by an Orange County Sheriff's deputy . The Sheriff's Office has said that the deputy followed protocol and that there is more to the story than what you see in the video, but what you do see was enough to bring the arrested boy's mother to tears.

Christina Guerrero said the deputy went too far. "It's not right," said the teen's mother. "It's not right how they treat him there. No, no. They come at him too aggressive."

Deputies had to block off part of a neighborhood during a bomb scare in Apopka last week. The teenager, Rudy Guajardo, was a bystander in the crowd and apparently attempted to cross the police line. That's when the confrontation began. It lasted less than two minutes and a neighbor recorded the incident.

You see and hear Guarjardo tell Deputy Richard Febo that he needs to cross the tape.

DEPUTY: "You're not going anywhere. Listen to me. I'm not going to negotiate with you. If you cross this line you're going to jail. I'm not (inaudible) with you."

TEEN: "For what? For what?"

DEPUTY: "Right now, hindering an investigation, so get yourself on that side."

The teen remains behind the crime tape but refuses to leave the area as the deputy orders. About 20 seconds later, the deputy crosses under the tape and approaches Guajardo. That's when things escalate.
 
DEPUTY: "I'm going to tell you one more time bro.. go somewhere out of my face.. out of my face.. You understand? Understand? Move out of my face"
 
TEEN: "Don't touch me."
 
DEPUTY: "Move out of my face".
 
Guajardo slaps the deputy's hands away and says, "Don't touch me!"

DEPUTY: "Get on the floor. Get your hands behind your back. What did I tell you huh! You think I'm your daddy? Think I'm here to raise you?"

The deputy states in the arrest report that the 17-year-old was continuously cursing at him and that he tried to pull down the crime tape.   According to the incident report, Deputy Febo also said Guajardo slapped him away as he was trying to move the teen back.

The teen's mother has not filed a complaint; however, a captain with the Sheriff's Office said that they will be reviewing the arrest report.

Guajardo has an arrest record which dates back to 2007 for such things as burglary and grand theft. Now, he faces a felony charge of battery on a law enforcement officer and resisting an officer.

The Orange County Sheriff's Office Professional Standards Division is investigating by watching the video, pulling the incident report, and they have already talked to the deputy involved.

<<< (at left) Sheriff's department responds

Capt. Angelo Nieves said they also hope to talk witnesses who were there at the time, including the woman behind the camera.

"We'll follow up, conduct our inquiry, see what our finding are and come to a conclusion at that time and provide you with that information," said Capt. Nieves.

 

 
 
 
We have a correction to make regarding the deputy we named in our initial report involving the arrest of the teenager in Apopka. Richard Febo is the deputy who made the arrest and was involved in the confrontation. Corporal Jason Bown is the officer who approved the police incident report. We regret the error.

 

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