9 Investigates

9 Investigates: Correctional officers under investigation; 1 disciplined

William Howard

ORANGE COUNTY, Fla. — 9 Investigates learned a 75-year-old man in the Orange County Jail died of a broken neck when he taken down by nine correctional officers, according to an internal investigation from the Orange County Jail.

William Howard was arrested and charged with aggravated battery after he was accused of stabbing his wife Nov. 16. He was taken to the Orange County Jail and died three days later of a spinal injury.

Howard’s family filed a federal lawsuit Monday citing excessive force, deliberate indifference, and wrongful death along with negligent hiring involving Juan Padilla.

Padilla has been on the job since 2007. Howard’s family claims Padilla had a lengthy criminal record that makes him unsuitable to serve as a corrections officer at the Orange County Jail, according to the lawsuit.

Howard’s family attorney’s claim Padilla has been charged with battery, domestic abuse and sexual assault.

9 Investigates found a 2010 arrest for domestic violence in Volusia County that was later dropped. A spokesperson for the Orange County Jail said Padilla is suitable to serve.

Padilla was not blamed for Howard’s takedown, but his boss, Officer Stephen Ransom was suspended for 40 hours for "failing to respond to the housing unit after being notified by Corporal Padilla three times by telephone,” according to the internal investigation.

Eyewitness News learned after Howard’s arrest, medical staff at the jail found he had glaucoma – a debilitating eye disease that can cause blindness. That's why officers banged on the door and directed him to follow the noise so they could handcuff him. Howard did not go toward the door, so officers used force.

The documents obtained by Channel 9’s Janine Reyes detailed Howard’s passive resistance as officers tried getting him to move from one cell to the other. The officers said they tried changing his clothes, so he could not harm himself because of his mental state.

Officers provided Howard with what's called “a dignity garment,” paper clothing that cannot be used for self-harm.

Howard was left naked in his jail cell for four and half hours. The internal investigation found Howard "should have been afforded clothing earlier.”

The violation against Correctional Officer Scott Panka was sustained because Howard was left without clothing for so long. However, Panka received counseling instead of discipline.

A spokesperson for the jail said Howard was under “violent alert status.” They could not say why, but did cite a criminal history Howard who was charged with disorderly conduct in 1972, and DUI in 1984 and 1989.

Nine officers were under investigation. Padilla was the only one disciplined.