Seminole County Sheriff’s Office faces potential lawsuit after allegedly injuring man during wrongful arrest

Deputies allegedly injure disabled Army veteran during wrongful arrest

The Seminole County Sheriff?s Office accidentally detained the wrong person while attempting to assist the Oviedo Police Department.

OVIEDO, Fla. - A disabled Army veteran says Seminole County sheriff’s deputies barged into his home, handcuffed him in his own hallway and threatened to use a Taser — only to realize they had the wrong man.

What Happened:

New body camera video shows the moment a disabled Army veteran was thrown to the ground and handcuffed within his own home, only for Seminole County Sheriff’s deputies to later realize they had the wrong guy.

The video

Seminole County sheriff’s deputies showed up at the home a little after 10 p.m. on a Sunday, June 8. The deputies say they need to talk to Victor Washington Gordillo Jr., and they don’t want to do it in front of his family.

Victor and his wife Jennifer say "no," saying they don’t know why the deputies are there, and they aren’t allowed inside. So the deputies push their way through, despite not having a warrant to go into the house.

"You cannot come into my home! Wait a minute!" Jennifer shouts as the deputies shove her to the side.

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"You’re gonna get tased!" the deputies threaten during the struggle.

So the deputies push their way through – despite not having a warrant to go into the house.

The injuries

Gordillo Jr. is a 20-plus year service member. He was in the Army and just returned from active reserve duty. He and his wife both work for the U.S. Department of Veterans Affairs.

His military service left him with multiple disabilities, and he told deputies he’d had back surgery.

"I can’t feel my feet," he moans through tears. "My back is gone."

The deputies try to use their bodies to prop Victor up while they wait for the Fire Department to get there and help.

The mix-up

Victor Washington Gordillo Senior was accused of petty theft. Police say he stole about $120 of frozen shrimp from a Winn-Dixie.

Oviedo’s report says they’d gone first to Gordillo Senior’s wife’s house, and learned he no longer lived there. They tried multiple phone numbers for him, which didn’t work. So they asked the Seminole County Sheriff’s Office to go to his son’s house and ask whether Gordillo Senior was staying there.

Seminole County’s report says they were sent to the house to make contact with the suspect, who they were told had a 1978 birthdate. Gordillo Senior has a 1955 birthdate.

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It was only after the Fire Department arrived on scene that the deputies realized Oviedo Police had sent them after the wrong guy.

That’s why an attorney notified both departments, they might have a lawsuit coming their way.

What they're saying:

Attorney Dan Faherty is representing Gordillo Jr. and his wife.

"The mere fact that they entered his home violates his constitutional rights under the Fourth Amendment not to be to have his person seized without probable cause," he said. "They also violated the due process provisions of the 14th Amendment."

The attorney says he’s still figuring out what causes of action they’ll pursue in both Seminole County and Oviedo. However, he’s hoping those agencies make things right before they wind up having to file a lawsuit.

"Mr. Gordillo was physically and emotionally damaged up to the point where he not only needed to be hospitalized, but is now facing at least one surgery," said Faherty. "Family members that were there who were also traumatized to the point of needing to seek therapy."

The State Attorney’s Office wound up dropping the petty theft charges that started all this,  saying the surveillance video wasn’t clear enough for them to prove the case in court.