By Dan Christensen, FloridaBulldog.org
A state appeals court has affirmed a Broward judge’s decision to dismiss a misdemeanor battery charge against BSO Sgt. Gregory LaCerra for his role in the pepper-spraying and takedown of a teenager in Tamarac in April 2019 because the officer was in compliance with the “stand your ground” law.
Thursday’s unanimous decision in the highly publicized case, which also affirmed Broward County Court Judge Jill Levy’s decision to deny stand-your-ground immunity to former BSO Deputy Christopher Krickovich, was by a three-judge panel of the Fourth District Court of Appeal in West Palm Beach.
LaCerra still faces trial later this year on two misdemeanor charges of falsifying records and conspiracy to falsify records. Co-defendant Krickovich is charged with battery, falsifying records and conspiracy to falsify records.
BSO Sheriff Gregory Tony fired Krickovich in December 2019 for slamming 15-year-old Delucca Rolle’s head against pavement. Tony overruled the recommendation of BSO’s professional standards committee that no disciplinary action should be taken against Krickovich.
Attorney Eric Schwartzreich, who handled the appeal with co-counsel Sheila Zolnoor, said they were “elated” but “not terribly surprised” that the appellate court upheld Judge Levy’s decisions.
“There was a lot of pressure to bring these charges. I’ve always thought it was a political decision and that these charges should never have been brought,” Schwartzreich said.
The case garnered heavy media attention due to videos of the scene that afternoon at the Tamarac Town Center Plaza. According to Levy’s fact findings of fact, for several years there had been “an increasing amount of violence in the Plaza and calls to the police department about students participating in fights, disorderly conduct, theft and other criminal activity.” There was a standing order for BSO deputies to be at the plaza between 2:30 and 3:30 p.m. when students got out of school.
BSO DEPUTIES TESTIFIED
A number of deputies and business owners testified to the chaotic and sometimes violent conditions at the plaza.
On April 18, 2019 police were summoned by a woman who said she saw between 200 and 300 kids, some of whom were fighting. LaCerra and Krickovich arrived to what LaCerra said was a scene of “total mayhem.” Both deputies got out of their cars and “gave commands for the crowd to disperse,” Levy wrote.
As the officers were attempting to arrest another teenager, Gary Dierusil, for trespassing at the McDonald’s the day before. Dierusil’s phone fell out of his pocket and someone bent down to pick it up when BSO deputy LaCerra kicked it away, landing at Rolle’s feet. A crowd was gathering and LaCerra gave a “lawful” order warning people to stay away or they would be pepper sprayed. Rolle, a 15-year-old student at nearby Taravella High School, bent down to grab the phone and LaCerra pushed him back, which knocked him off balance. “When Delucca [Rolle] regained his balance, the Court finds that Delucca bowed up and bladed his body, and that he had an angry look on his face. The officer sprayed him, then grabbed his backpack and pushed him to the ground,” the judge wrote.
Krickovich testified he needed to help LaCerra and got on top of Rolle, using his hands to push his head onto the ground as Rolle resisted. The judge found that Rolle’s testimony about what happened was “less than credible.”
Judge Levy determined, however, that BSO deputy Krickovich’s use of non-deadly force was not “objectively reasonable” – a finding upheld by the appeals panel.
Therealtruth / February 17, 2022 5:33 pm
How is Tony still in office after all those perjury findings? FDLE did their investigation and found Tony lied numerous times. Why is the govenor taking soo long on this easy decision? The govenor is showing you can be caught breaking the law but not be removed. Perjury is one of the worst crimes in law enforcement because any decision you make or made needs to be questioned! Every deputy/employee that Tony fired after overruling the board should get their jobs back ASAP!
Concerned Citizen1 / February 17, 2022 6:43 pm
DESANTIS will NOT touch Tony/Toney, because he does NOT WANT TO UPSET THE PARKLAND PARENTS…PARKLAND POLITICS TRUMPS THE RULE OF LAW!!!
Tim Doyl / February 18, 2022 7:38 am
Fortunately even Parkland now sees the mistake of choosing Tony and is begging Desantis to remove him. Read the below parkland news.
Kevin A Bolling / February 19, 2022 12:03 am
WOW, Florida has become NY. A Criminal runs the Broward Sheriff’s Office, truly the finest Law Enforcement agency in Florida FDLE, has the same Agent Riddick who charged Retired Deputy Scot Peterson, with a charge of Child neglect “caregiver” under Florida law: he CAN NOT be charged as a “caregiver” because H&W Violet Crimes husseinandwebber.com
1. No one including the LEO’s NEVER knew the s hitbag was in the 1200 building, that was on campus until he (s hitbag) left the campus. Reason impression that Thanks for the communication issues that STILL
2. The person charged with the crime can reasonably impress that another person was supervising the children. In this case all of the Teachers in the building, including the teacher who “forgot” his keys in the classroom, on the thrid floor. Approximatly 15 teachers and one security guy Dave who ran to a closet and no one called the office or used their school radio to advise of the issue was in the 1200 building.
truth is free / February 19, 2022 12:14 am
FDLE Agent Riddick also said that the sheriff of Broward county lied, perjured himself on sworn documents lie about his killing of a fellow drug dealer, who per tony/toney said that he saw his victim kill others and he is not listed on reporting it to any officials. Doing and dealing drugs prevents you from becoming a Policeman, and when you become a policeman you do not shoot blindly into an apartment
when the victim and the children that live there. then sign your report as the reporting officer and the supervisor. Just about the same time, it’s time to move to another profession. Governor Desaints please save Broward from more embarrassment. We taxpayers just can’t afford it.
Concerned Citizen 1 / February 19, 2022 7:12 pm
Well said Kevin Bolling! I believe former Deputy Scot Peterson (the low-hanging fruit), was SCUMBAG Israel’s POLITICAL SCAPEGOAT. For ALL OF THOSE WHO JUMPED ON THE “FUCK PETERSON BANDWAGON,” AS WELL AS TO THE COURT OF PUBLIC OPINION), I simply say…A LOT OF PPL WILL BE EXPOSED HERE. I have followed this case since the beginning, and you are CORRECT; let me add: ANDREW MEDINA (SEXUAL PREDATOR), FAILED TO STOP AND CHALLENGE CRUZ, ALLOWING HIM TO ENTER THE 1200 BLDG, “DAVID TAYLOR, SAW CRUZ INSIDE THE 1200 BLDG, TURNED AROUND, AND WENT THE OTHER WAY; YES, HIDING IN A CLOSET INDEED! AARON FEIS WAS TOLD BY A STUDENT (CHRIS MCKENNA) THAT THERE WAS A PERSON INSIDE THE 1200 BLDG WITH A WEAPON/GUN, AND FAILED TO COMMUNICATE (VIA HIS SCHOOL RADIO), WHAT HE WAS TOLD BY MCKENNA; HE ALSO FAILED TO CALL A “CODE RED…” SO, LET’S JUST BLAME THE DEPUTY (PETERSON), WHO HAD NO KNOWLEDGE THAT CRUZ WAS INSIDE THE BLDG, AND TOOK COVER, BECAUSE HE BELIEVED HE WAS TAKING ON SNIPER-FIRE…BTW, SEVEN (7) OTHER DEPUTIES HEARD GUNFIRE, BELIEVED IT WAS OUTSIDE, AND ALSO TOOK COVER…AT THE END OF THE DAY, IT’S ALL PETERSON’S FAULT! GOT IT…
Concerned Citizen1 / February 20, 2022 10:04 am
MR. CHRISTENSEN, WHERE IS MY ENTRY OF 2/19/22, WHERE I DISCLOSED THE TRUTH ABOUT THE PARKLAND SHOOTING, AND HOW FORMER DEPUTY SCOT PETERSON WAS USED AS A POLITICAL SCAPEGOAT???? CENSORSHIP IS A SLIPPERY SLOPE TO GO DOWN WHEN YOU, AS THE OWNER OF THIS WANNA BE “NEWS SOURCE,” PREVENTS THE PUBLIC FROM KNOWING THE TRUTH ABOUT THE SHOOTING. WHAT PART OF WHAT I WROTE IS “MISINFORMATION???” YOU STIR-THE-SHIT,” BUT HIDE THE TRUTH…TYPICAL
Concerned Citizen1 / February 20, 2022 10:45 am
I recently read a post by Mr. Eiglarsh (on his Facebook page), where he invites ANYONE WHO WOULD LIKE TO KNOW THE TRUTH ABOUT THE PARKLAND SHOOTING TO VISIT HIS LAW FIRM AND HE WILL BE MORE THAN HAPPY TO REVIEW THE “TRUTH”(AND WHAT WAS DONE TO DEPUTY PETERSON) ABOUT WHAT REALLY HAPPENED DURING THE PARKLAND SHOOTING; NOW THAT IS A STORY! IN THE NOW INFAMOUS WORDS OF JACK NICHOLSON FROM THE MOVIE “A FEW GOOD MEN;” ‘”THE TRUTH,? YOU CAN’T HANDLE THE TRUTH…!”
Therealtruth / February 21, 2022 11:45 am
What the public doesn’t realize YET, is Tony has been wasting tens of millions of dollars in lawyer fees, back pay, interest and lawsuits for the deputies he unjustly terminated. Tony has overruled the board on most discipline recommendations straight to termination. I’ve spoken to dozens of deputies who refuse to be proactive because of Tony’s actions. This is making Broward County unsafe!!
Tony has taken his gift job personal and the truth came out about his past as a result. Why hasn’t Desantis removed Tony yet ?? The FDLE report is clear what the govenor needs to do ASAP. Any other police officer that was proven he/she committed perjury that many times would of been yanked within a week. Why isn’t Desnatis taking this seriously? Broward County residents are begging Desantis to correct this huge mistake.
Concerned Citizen1 / February 21, 2022 12:47 pm
Couldn’t AGREE with you more “THEREALTRUTH!”
POLITICS IS A “DANGEROUS SELF-SERVING GAME..” TONY INDEED WAS HANDED A “GIFT” BY ANDREW POLLACK AND THE PARKLAND PARENTS; EVERYONE SEEMS TO CONVENIENTLY FORGET THAT. “GOD DONT LIKE UGLY.” EVERYTHING HAPPENS IN HIS TIME, BUT TIME IS ALL IT TAKES.
Therealtruth / February 28, 2022 4:18 pm
The governor said he was reviewing FDLE’s investigation weeks ago. It took me and most people less than 30 minutes to read and realize Toney should be removed ASAP. How can he justify leaving Toney in office after FDLE revealed he committed perjury numerous times??? The govenor needs to help the residents of Broward County.
Concerned Citizen 1 / March 2, 2022 4:04 pm
BINGO “THEREALTRUTH!!!” Look what DeSantis did to that POS ISRAEL; HE THROWS HIM OUT OF OFFICE FOR “INCOMPETENCE,” YET LEAVES A MURDERER/LSD USER/LIAR TO RUN BROWARD COUNTY! ALL DISGUSTING POLITICS! ENOUGH SAID…
Therealtruth / March 11, 2022 12:19 pm
What message is the Governor sending to the residents of Broward County and LEO community by not removing Tony ASAP after reading FDLE’s investigation???
Concerned Citizen 1 / March 12, 2022 3:28 pm
ALL POLITICS “THEREALTRUTH.” DESANTIS NEEDS TO BE CALLED OUT HIMSELF ON WHY HE
HAS NOT REMOVED THAT MURDERER/LIAR/LSD USER AS SHERIFF…IT’S ALL ABOUT “CAMPAIGN PROMISES.
Anonymous / March 30, 2022 4:32 pm
Your Governor is a nutjob to those of us viewing from afar. What a way to ruin the most beautiful state in all the land.