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Man suing ex-deputy, surveillance tape reveals incident

Video

A man claiming he was assaulted by a former Loudoun County Sheriff’s Office deputy is set to sue.

Carlos Garcia is challenging the former deputy in court after footage from a patrol car camera appeared to show the deputy “sucker punching” Garcia.

The footage shows former deputy Terry Daniel delivering a blow to the back of Garcia’s head while at a full sprint. Garcia, of Sterling, had his hands up and was standing still.

Garcia filed a lawsuit in U.S. District Court in Alexandria in 2011, but papers were served recently to Daniel, who had resigned from the Sheriff’s Office in 2011 for a similar position in Alabama.

According to representation from Victor M. Glasberg & Associates – the firm representing Garcia – he suffered brain injuries and still struggles from sporadic memory loss.

“What we see when watching the footage is Garcia standing in a non-threatening position,” representation told the Times-Mirror. “While he is in that position he is needlessly hit in the back of the head. If Daniel had made a proper assessment of the situation he would see that Garcia wasn’t a threat to anybody.”

Garcia and his family were outside of the shopping center when the incident occurred in November, 2009, after celebrating a family birthday. An altercation occurred with Garcia’s family and police, and his wife was arrested. According to his lawyers, Daniel leapt at Garcia while he was pleading with deputies to be easy on his wife.

The YouTube video displaying the incident from the viewpoint of Daniel’s cruiser creeped to approximately 10,000 views by press time, and had also been shown on local news affiliates.

Representatives from Glasberg and Associates said that these cases are often hard to prove without cut-and-dry evidence, but believe that the video adequately shows an abuse of force.

“He certainly didn’t act like a police officer with training should have in that situation,” a representative said.

Glasberg told media affiliates that for the first time in his 35-year career, he doesn’t need a witness. He said the case is the tape.

Daniel served as a deputy for the Sheriffs Office from 2003 until 2011 when he resigned to take another law enforcement job in Alabama.

Following the incident, Garcia was the one charged with assaulting a police officer, and he pleaded guilty to a lesser charge of misdemeanor battery to receive a suspended sentence and avoid serious jail time.

Despite denying assault, Garcia pleaded guilty to avoid a sure felony trial. The lawsuit seeks an unspecified amount of damages, and has yet to be assigned a day in court. The patrol video came to light when a member of Garcia’s family challenged criminal charges at trial.

The incident occurred during former Sheriff Steve Simpson’s tenure. Simpson was ousted in 2011 for Mike Chapman, who highlighted the need for professionalism in the Sheriff’s Office as a staple of his campaign.

Liz Mills, spokesperson for the Sheriff’s Office, did not immediately return requests for comment.

Comments

No Fear, I was born in LOCO 46 years ago.  My family has been here for generations.  Your comments bring the words “racist” and “sow” to mind!


Are you kidding me??  The guy’s hands were up in the air AND notice the K-9 ... he’s not moving!!  Ridiculous!


Revenge of the Teabaggers - I don’t think it is clear the cop overreacted at all. Again if you look at the tape at 5 seconds the K9 officer is pushing Garcia away from him (likely his assault charge) and at 15 second is when the officer strikes him taking him to the ground; 10 seconds after seeing him fighting another officer.

I think the officer was well within reason to strike Garcia for assaulting the other officer; had Garcia just been standing off to the side quietly then the officer would have been in the wrong but that is not what happened.


Armchair Quarterback from the ones who utilize the services of Law Enforcement the most!  Unbelievable,  you people disgust me. You know not what it takes to police a community or defend a country.  Go back to whatever third world country you came from and complain about Law Enforcement, see how far you get.  B Squad we got your back!


Notice the number of losers who are calling the police “pigs” and “scumbags, etc”.  You can always count on these cockroaches who come crawling out of the woodwork when these news stories appear.  Almost always they have an extensive criminal record that only allows them to work as janitors or ditch diggers.  Instead of blaming themselves they blame the police.  It is so typical.  If they gave their real names I guarantee you that we could run their names and come up with a page of arrest.


I also just noticed there are several other people on the ground by the business entrance that cops are wrestling with. So several people are fighting with the cops, Mr Garcia was in a shoving match with the K9 unit cop at 5 seconds in this video and struck to the ground at 11 seconds. I think he is going to have a hard time claiming to be an innocent by stander unfairly struck by the officer.


If you watch carefully you can see as the officer is pulling up the K9 officer is pushing pushing Mr Garcia off of him just seconds before the responding officer strikes Mr Garcia down.


Carlos plead guilty.  Thus he admits to committing a crime out side that bar.  Battery against a poliice officer.

We was not an innocent bystander, there in that video.  He was a criminal who was refusing to surrender .  How much are we paying deputies to risk their lives?  Carlos got exactly what he had coming.


You notice no one was shocked the officer knocked him down either. Maybe because the officers story is true this guy was raging and ranting and being threatening.

This is why we have juries and judges to sort everything out and they hear from everyone who was there and don’t just see a few seconds of tape.


@locosince2004

Innocent until proven guilty also applies to the man that was knocked to the ground.  Perhaps the officers perceptual set from service in Afghanistan is cause for his questionable reaction.  Like another poster mentioned, the K-9 officer was obviously talking with him.  If the k-9 officer was in danger (or other officers for that matter) I suspect he would have used his dog, which he did not.


Aftermath and this….sorry IPad is sometimes frustrating


boyar dee….I disagree ....in the after,Ath of the launch of Iraqi Freedom, the mood of is country was clearly “support the troops”. Unless this is just lip service then it is time to back it up. Terry served in Afghanistan and risked his life to defend this nation. The fundamental underpinnings of our legal system start with ” innocent until proven guily”. Many posters on this site refuse to honor this and besmirch his reputation.  I respect veterans and I respect the police. The presumption of guilt by some here is despicable.


Is this Macon County Georgia?


Dear typical loser suburb cops - We know who you are and you should probably move out of Loudoun and hope you don’t get stopped while traveling thru.


I can not believe this! these scum bag police need to be investigated asap. I wont stand for this. from now on i am going to install cameras in my own car..I wouldnt be suprised if the scum pigs try to erase the video in a cover up!


Too bad this didn’t take place outside a Starbucks, cuz everyone would have drawn their guns to make sure all behaved.


Why won’t the new Sheriff release the names and informatin about the deputys who were recently promoted?  Are they hiding something?


I love how everyone here can judge the whole thing based on 10 seconds of tape. The officer said the guy was yelling and acting erratically and you can clearly see in the tape that Garcia is agitated and did not throw his hands up in surrender but is walking around clearly agitated and making aggressive gestures.

My guess is once all the neutral witnesses (not the cops of the guys friends) testify the case will get tossed out. Or if Garcia wins he will get next to nothing.


One, he is a US veteran who risked his butt for us, and he deserves more respect than to be judged on the internet.

I joke a lot on these boards, but on this one there’s no joking. I served this country proudly as a United States Marine officer for 16 years before having to take a medical discharge for breaking my back in combat. (all that repelling from a helicopter you see on TV isn’t that easy when the rope is wet). It broke my heart to leave the Corps. I was highly and probably over-decorated for my actions. Not bragging, just giving point of reference. At the end of the day, my wife and dog don’t treat me any different than any other husband. (LOL)

NEVER, not ONCE did I EVER feel that I should be treated any differently because I chose to defend this country. Any vet out there will tell you, a simple “thank you” is plenty. We don’t want your sympathy. There’s nothing to be sympathetic for. We all know what we were getting ourselves into and we made pretty good livings on a fully tax free salary, housing allowance,etc… ever wonder why so many military live in Loudoun? Now you know.

So, enough with the “we should treat him differently or better because he served this great country” stuff. He doesn’t expect to be treated any differently. He deserves the same level of respect we all deserve.


Fact one - 8ball is a gang invested hangout spot.
Fact two - to be there at 0200 in the morning means that your a gang member or drug dealer.
Fact three - do as your told…....when your told to get down, get your ass down….

Couldn’t have said it better myself. Yes, I’m profiling.


Nothin’ good ever happens at 2:10 AM outside a strip mall in Sterling.

Best comment of the thread winner!!!


Following the incident, Garcia was the one charged with assaulting a police officer, and he “pleaded guilty to a lesser charge of misdemeanor battery to receive a suspended sentence and avoid serious jail time.

Despite denying assault, Garcia pleaded guilty to avoid a sure felony trial.”


Sure.  Every innocent person pleads guilty.


Excessive force.  Gonna be a short trial.
Also, look at Kevin from O’Faolains just hanging out.  He should be a witness.


Some of these comments are disturbing.  Would you give the everyday citizen the same pass if the police had them on tape striking another?
You would be convicted on less by a jury in this county (Seen it first hand).  Why are we so willing to give the benefit of the doubt to Law enforcement, but not our fellow citizens?


Some of you seem to be suggesting that the officer walk up nicely, and maybe say “excuse me sir, it looks like you are not cooperating. Could you please relax and get on the ground?. Thank you very much sir. Oh, I forgot to mention, please do not pull out a weapon that you may have on your person and shoot. As you know, someone may get hurt, and you would not want to hurt anyone else? Thank you for your cooperation.” Some of you are very naive if you think weapons cant be pulled in AN INSTANT. Sometimes the polices must use the element of surprise.


On the tape- did the other officer (with dog) have a weapon on the suspect? It looks like it, and it looks like the officer took him down properly. It must be fast- and by surprise - in many instances. Did you see the people crouching? Did the suspect have a weapon? We dont know so please stop assuming the officer is in the wrong.It did not look like anyone was BEATING him.


I would want all the facts- and not just a tape. What else happened?  I find it difficult to believe that an officer just runs up to someone and levels him without cause. Where is the rest of the story? And what the person did or was doing when this happened? And did the person carry in Starbucks that day—lol? But seriously- lets not condemn the LCSO or the officer until the facts are truly known. Thank you


What do you expect from cops on roids?  They’re all too pumped up these days.  Forget investigating the NFL for roids, start checking out all the cops.


Another sad example of why everyday citizens should not look up to and trust every officer with a badge.  It’s a shame that this has gone under the radar for so long. Plus, Officer Daniel was promoted the following year to Training Officer. Why would you want anyone who can’t learn the basic training correctly to teach fellow officers/rookies the proper ethics of police work.

Just glad this is finally in the hands of Federal Officers, cause they will investigate. Not just wipe it under the rug and give promotions when they should be termination and Jail time.

So many people can say different factor’s about what happened, but here’s how I see it. We spend thousands of dollars training these officers, provide them state of the art equipment/weapons/tools and it only empowers these crazy idiots with guns to act without regard.

It’s a sad World we live in…


He’s guilty of being ethnic in the wrong place in the wrong time. Just marking on orders from Honest Eugene the closet queen, I suppose. God Bless Loudoun


Deputy Dawg yu are about as retarded as Tired of Whining and you are probably a little sight impaired too, more likely racially impaired.  These cops been watching too much TV and have little action so as soon as something goes down they overract.  Second where is the internal investigation?  Hopefully they better try this case outside this redneck county where they will look at the victim and not the incident.  Taxes will be up next year over this.


I too noticed an officer (appearing) to handcuff someone on the ground.  I also understand why back-up was called if parties involved were drunk.  If an officer ‘was down’, why was k-9 officer standing there with his dog not assisting ‘officer down’???  It appears Garcia was talking with the K-9 officer.  There was nothing in his body language nor the k-9 officers that indicates he was acting aggressive.  The way Offcier Daniel knocked him down and Garcia hitting his head reminds me of a video out there where Seattle Officer ran up and pushed individual down who fit description of individual in a nightclub brawl.  That individual was not given the opportunity to comply and resulted in a fractured skull which has left him in a vegetative state.  The injured individual was walking home from work.  I too also heard about the ‘underage party’ busted in Ashburn.  Guns?  Really?  Can you imagine if one of their guns had accidently discharged?  It’s happened (Fairfax SWAT incident). What I’ve witnessed the last 10 years particularly is the aggressive reaction by officers in relatively minor incidents.  LCSO cursing at middle schoolers at a high school game.  The officer who aggressively slammed a door on a women parked in front of Teets, instead of the officer simply asking her to remain in her car.  Now, I’ve met and know some WONDERFUL LCSO—-they are your more seasoned officers, but the younger ones, need additional training, they are way too high strung.


Not everyone is defending Mr. Daniel. In the video, there are clearly other things going on.  I did not notice that until someone pointed it out.  I’d like to hear both sides.


I hope the US Attorney will take a good hard look at this case becasue the video certainly is disturbing. more importantly, i hope the US Attorney looks at how this goes on in LoCo with apparently no internal investigation.

I know first hand that LoCo Sherriffs cross the line.  There was a teen drinking party at a nice house in Ashburn and the cops held a bunch of 16 year olds at gunpoint.  Does anyone think this is appropriate? I know that underage drinking is a **major crime** but gunpoint? Seriously Deputy Fife?  Asked for an investigation. Sherriff’s office felt it was fine because the kiddies were “possible felons.”


The cracks in the dam at the LCSO keep getting bigger.  Morale at all levels is very bad and the the deputys at all levels are making it known. Delgadio had it right in a few short years the new sheriff will come from within the upper staff of the LCSO trust me they are already talking about it.


I can’t see where Carlos Garcia was doing anything wrong.  We need to wait and see what happens in court.  I don’t think guilty people go to the U.S. Attorney’s office in Alexandria with a big fat lie.  As far as I know, it’s legal to be out at 2 a.m. celebrating a birthday.  On the other hand, we don’t know what the police are dealing with here.  It shouldn’t be presumed that everyone in that area at 2 a.m. is a gang member.  I’m glad it’s on camera.  The AUSA’s will figure it out entirely.  I wish they would investigate the racism going on in Loudoun County.  There are, after all, Latinos who are hard-working members of society with adorable families.  Isn’t it hard enough just being here?  Better than Arizona though!  That isn’t saying much for Loudoun County.


The attorney cracks me up, he suffered BRAIN damage and sporadic memory loss. Was that before or after this altercation? Doesn’t look like much of a punch. Wouldn’t be shocked if the attorney was in on this, kind of setup to make some money.

Also, that place should have been closed down sooner, cops were there every weekend because of a fight or intoxicated gang members.


I bet Liz Mils doesn’t want to comment because she agrees with this.  She is an awful person who makes way too much money.


I see the lunatics and cry-babies of the “brotherhood” are out sniveling. Police brutality has always been a problem with LCSO. This video will convict him! These people love to push citizens around because they usually get away with it. Your Barney bad ass days are over! Every time I see a cop, my camcorder WILL be rolling! Citizens need to do this to protect them from these punks!


Looks like a matter of perspective to me. Officer Danial’s see a guy who is clearly angry and waving his arms around so he responded with force. Garcia thinks he is cooperating despite his seemingly angry tone and body language.


Don’t fool yourself- these incidents happen every day in this country. Seriously. When was the last time you heard a cop referred to as an “Officer of the Peace”? They call us civilians and act like occupiers as they continue to march towards a level of militarization which should be reserved for times of war.

http://www.injusticeeverywhere.com/

They’ll beat you down if you question their au-thor-ITEE and many of your neighbors won’t bat an eye, cause you deserved it right?


You people are nuts.  This is clearly police brutality.  Unprovoked and Unnecessary.  The LCSO have a habit of brutalizing citizens in their attempt to feel like real men!


Full support to Terry Daniel. Thank you for your service not only to the youth of Loudoun County as a wonderful football coach and as an officer but Thank You for your service to our GREAT COUNTRY.


Terry
I have never met you, but if you are reading this I want you to know my family supports you.
I look forward to winning this case.
I believe your actions were necessary and justified.
Stay safe and Thanks for your service here in Loudoun Co.


Thanks for the other information.  Will be interesting to see how this plays out.  Glad Mr. Daniel will have the chance to tell his side. I hope the paper follows up…  Do we know if he’s suing Mr Daniel or Loudoun County or both?  Just wondering who foots the bill for Mr. Daniel’s defense.  Would suck to pay those bills out of his own pocket IF he is found innocent.  Risk of being a civil servant if people can sue you personally.


Mike Chapman and the grossly overpaid PR woman are at the root of every problem in Loudoun County.  I cannnot believe that this newspaper who endorsed the great Steve Simpson isn’t making this more obvious.  You guys need to step up to the plate and get back on the bandwagon, we need to get rid of Chapman in four years.


Whats up with the lack of reporting on the many recent promotions and movement within the LCSO?  Apparently lots of disruntled deps due to this.  Usually whenever people are promoted there it is reported in the paper.  What’s the story LTM?  Hear the place is fallin apart at the seems, even the lowest level is complaining.  Is LTM coddling the new Sheriff?


You live under the blanket of freedom I provide and then queston how I provide it…

You can’t handle the truth..

Things go bump in the night, respect all - fear none…

B-squad… we run the streets, not you…


The subject was not following commands.. He threw his arms up in a dare/threat… Thats the facts.

He was saying “do something, do something” in a silent way.

An “Officer down” call went out because officers had been assaulted. You can see another fight going on in the right side of the screen.

Terry got the guy under control quickly.

When you given a lawful command, follow it.

This job isnt pretty all the time. This was 0200 in the morning in a location known for problems, shootings, fights, stabbing ect ect ect… They have all occured right where this man was standing.

Let the court figure it all out, dont pass judgement yet.

Terry was a good cop and is a good guy…


I am glad some people have come out in support of Deputy Daniel.  We shouldn’t be surprised that the attorneys for Garcia are only portraying one side of the story; it’s not their job to present the mitigating factors.  This video is a perfect example of the problem with using video in court and in the court of public opinion: we only see what the camera can see.  WTF is going on to the right (fact: a police office was struggling to subdue a suspect). Why was Depty Daniel speeding to the scene and why did he come running (fact: the LCSO had issued an ‘officer down’ call).  A few things about this Deputy.  One, he is a US veteran who risked his butt for us, and he deserves more respect than to be judged on the internet.  Two, he served honorably for over six years before this incident occurred. Along those lines, Daniel left the force TWO YEARS after this incident occurred, to move HOME to Alabama.  Having read this article, I was under the impression the event took place recently and that Daniel resigned as a direct result.  The reporter has prejudiced the reader by not sharing some basic facts.  Three, Deputy Daniel is married to a hispanic woman with whom he has two children.  He is not a racist.  The first three people who posted should reconsider their statements.  And I must echo what others have said ‘nothing good happens outside any bars in Sterling at 2am’.


I can’t believe the grossly overpaid PR gal hasn’t commented yet. It will be interesting to see which county agency or professional is maligned or belittled next.


The dog is upset, his tail int wagging because he is happy, there just wasn’t enough there for the k9 officer to release his dog..

So… garcia was helped to the ground…

This isn’t a pretty job…. Terry had 2 seconds to react, he did what had to be done…

Again, Garcia is either gang affiliated or a gang member - period…. otherwise he wouldnt/couldn’t be inside 8ball at 0200….


Question….

How would this be handled in Mexico?

Question….

You plead quilty to assault… 3 years later you sue.. interesting…


Know the facts… first of, Terry was a great cop, not a good ol boy but a hard charger and prior combat vet.

Garcia is a POS… Was hanging out at 8ball club and got into a fight with two woman.. watch closely, you can see other officers calling for help because they are fighting with one of the females in the right side of the screen.

Garcia was not following commands and would not get on the ground, you can see the k9 handler pointing for him to get down.

A lot happened before terry got there….

Fact one - 8ball is a gang invested hangout spot.
Fact two - to be there at 0200 in the morning means that your a gang member or drug dealer.
Fact three - do as your told…....when your told to get down, get your ass down….


I don’t know how my comment makes me racist, and your comment to me shows your knee jerk reaction with low intelligence.  I guess I just don’t believe all what the media prints and shows on television as gospel.


Carlos Garcia needs to be deported back to whatever country he is from. He is just trying to milk county taxpayers in the process.


Where are all his fellow deputies coming to his support, now.  Why wasn’t the deputy prosecuted.  Even without audio, there is enough in the video for a trial.  The man was perfectly still, no agitation at all.


Just as the previous poster stated I wish there was audio since the guy looked like he was being uncooperative by his body language.  I will reserve my judgement until I see more.  Also curious he did not sue until the three year window to file a civil suit was almost up. If he felt so wrong why not plead not guilty and sue right away.  Just saying.


I wish there was audio for the whole thing - it looks like Carlos is being confrontational and there’s a separate fight on the ground to the right.


I don’t understand the reaction from the other officers there….looks like no one said anything to him.  He’s totally screwed since it is all on tape and obviously non-threatening.


It is nice to see a friendly game of tag.


duffus


I hope Alabama has to pay for this cop too. They hired him, probably as a cover-up!


That is one sorry excuse for an officer right there. And I come from a family of LEO’s. That kind of idiocy deserves to be punished. Sadly, taxpayers are the ones who will be hurt by it.


Chapman’s Fault Again: Even stupid people know you are brain damaged for a comment like this. Chapman is cleaning this up! This is why we voted him in!


This is all Mike Chapman’s fault and the fault of his horrible campaign people.


Nothin’ good ever happens at 2:10 AM outside a strip mall in Sterling.


To Serve and Protect.  Indeed.  I don’t envy law enforcement people for the difficulty of their job, but those who abuse the power and trust we place in them need to held accountable.


The “good ole boys” at it again. They do this all the time. They WILL beat your ass when they get you to jail too! Who is the judge gonna believe, you or five cops ready to lie. Cameras and gps are needed to monitor these storm troopers!


This is outrageous. I’ve lived in Loudoun County for 26 years and have seen other acts of incompetence by the LCSO. There are many good deputies, but there are also extremely bad ones. I’m glad this guy is suing the former deputy. He should sue the entire sheriff’s office. This kind of BS cannot continue and needs to be brought to the light.

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