The battery trial of a former Broward Sheriff's Office deputy who was fired after he was caught on camera punching a man who was handcuffed to a hospital bed more than three years ago began Wednesday.
Deputy Jorge Sobrino was fired after an internal affairs investigation into the Jan. 1, 2019 incident that began with the arrest of David Rafferty O'Connell on charges of disorderly conduct, battery on a law enforcement officer and resisting an officer without violence.
Sobrino's body cam footage showed the deputy with O'Connell at Broward Health North after O'Connell was arrested at a Walmart in Pompano Beach. An arrest report said O'Connell and a woman were arrested at the Walmart after they were suspected of trying to fraudulently return ink cartridges.
In the footage, O'Connell repeatedly said he wanted to leave the hospital, but Sobrino told him that he had to be medically cleared per department policy. O'Connell had his right hand handcuffed to a hospital bed while he waited for a doctor to examine him.
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At one point, O'Connell had to urinate and kneeled in the bed to use a urinal. The Broward Public Defender's Office said O'Connell inadvertently spilled urine on himself and the bed and had to re-position himself to avoid the urine.
After that, O'Connell got back on his knees and again said that he didn't want to stay in the hospital and started cursing at Sobrino, the video showed. Sobrino then moved in, punched O'Connell, and handcuffed his other arm to the bed.
Sobrino, who had been with the department since January 2015, was immediately suspended without pay after the battery charge was filed in June of 2019. Sheriff Gregory Tony fired Sobrino in October of that year.
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During opening statements Wednesday, Sobrino's defense attorney said Sobrino was defending himself and that the force was justified.
O'Connell and Sobrino are expected to testify during the trial.
