The children of Adelaido Chavez Mariano, 48, are demanding an independent investigation into the Hillsborough County Sheriff's Office after deputies arrested their father on Aug. 2 during a traffic stop.
They said deputies used unnecessary force during the arrest and then failed to give Chavez Mariano proper medical attention.
According to the criminal report affidavit, deputies pulled Chavez Mariano over for not coming to a complete stop at a stop sign in Seffner.
The report said the driver "refused to roll down the window of the vehicle." He then "spontaneously stated he did not possess a valid driver's license."
Chavez Mariano is an immigrant from Mexico and does not have legal status, which bars him from obtaining a driver's license in Florida.
"After multiple loud verbal commands," the report said, Chavez Mariano eventually rolled down the passenger window a few inches, which allowed a second deputy to unlock and open the passenger side door.
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Reports and body camera footage show that Chavez Mariano later explained to law enforcement that he refused to roll down the driver's side because the officer had his gun out.
According to one deputy's account, the two removed Chavez Mariano from the vehicle. The second deputy said Chavez Mariano complied with commands to step out of the vehicle.
Deputies reported that during the arrest, Chavez Mariano attempted to pull his arm away and "began to brace and tense his body."
Body worn camera footage released by the sheriff's office show the two deputies and Chavez Mariano struggling and ending up on the ground.
The camera footage did not capture the entire interaction as reports say one deputy left his camera at the docking station. The camera of the second deputy, who was called to assist, activated late.
A Use of Force Report said one deputy struck Chavez Mariano with a closed fist three times on the neck and head in order to handcuff him.
Photos and jail medical records show that Chavez Mariano sustained abrasions to the forehead, knee and ear.
Chavez Mariano was transferred into ICE custody and was released on Oct. 2 from Baker Correctional Institution, which government officials dubbed Deportation Depot, on an $8,500 immigration bond, according to his children.
Chavez Mariano was charged with driving without a valid driver's license. The state attorney's office dropped the charge of resisting an officer without violence after determining there was "not enough evidence to move forward."
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"As prosecutors, we have the benefit of time to review all the available evidence and determine whether we can prove a charge beyond a reasonable doubt. We also have a higher burden of proof than law enforcement," said a statement released by the State Attorney's office.
During a press conference held outside of the Hillsborough County Sheriff's Office in Ybor City, Lizett Chavez said, two months after the incident, her father is still dealing with dizziness and headaches and is taking over-the-counter pain medication.
Lizett Chavez and her brother Gandi Chavez have retained legal counsel for their father as he fights his deportation case.
They're also demanding an independent investigation into the handling of their father's arrest.
Lizett Chavez says jail medical staff failed to properly assess her father's condition, unnecessarily placed him on a suicide watch and ordered a CT scan days after the arrest despite a visible hematoma on his forehead.
Jail medical records state the CT scan found no internal bleeding.
"It wasn't because they wanted to do it. It was because we kept insisting for them to actually provide him proper care," Lizett Chavez said.
Lizett Chavez said while her father was in jail, she "had to listen to him asking and pleading for help over the phone."
A statement issued by the Hillsborough County Sheriff's Office said, "Mariano sustained minor injuries during his arrest, which were evaluated on scene by Hillsborough County Fire Rescue personnel. Those injuries did not require further medical treatment. Medical staff reconfirmed that determination when they examined him a second time during booking at the Orient Road Jail."
The sheriff's office said they are investigating the incident.
Gandi Chavez said his father came to the United States from Mexico decades ago to work in the agriculture industry.
"He came by foot essentially to be able to provide a better future for his family back in Mexico," he said.
Gandi said his father has unsuccessfully tried to obtain legal status through their younger brother, who has a medical condition, and that they are looking into other avenues.
