AFFIDAVIT FOR ARREST WARRANT

S. A CASE NO. 17AF051336AD CCR NO. 2017-17-1 1437 DIVISION CRA JUDGE ..;\F188FSQ.P = -/t;--b~,4-14 ASST ST ATTY Octavius Augustus Holliday, Jr.

STATE OF FLORIDA COUNTY OF DUVAL

Before me the undersigned Judge of the Fourth Judicial Circuit, in and for Duval County, Florida,

personally came E. J. Whatley, who, being duly sworn deposes and says that He has reason to believe and does

believe that one BRANDON SCOTT BREWER, described as follows: Last Known Address:

Race: White; Sex: Male; DOB: Ht: 6'3"; Wt:

270; Hair: Brown; Eyes: Not Defined; Scars, Marks: N/A; did in Duval County, Florida, on June 7, 2017,

commit the below-listed offense(s), contrary to the provisions of Florida Statutes:

1 BATTERY ON AN INMATE §944.35(3)(a)2, F3 2 OFFICIAL MISCONDUCT, §838.022(1)(A), F3

Affiant's reasons for so believing are as follows:

Your Affiant is Senior Inspector E.J. Whatley of the Office of the Inspector General, Florida Department of Corrections.

Your Affiant has probable cause to believe that on June 7, 2017, at approximately 7:55 a.m. at Memorial Hospital in Jacksonville, Duval County, Florida, Officer Brandon Brewer did commit the criminal offense of Malicious Battery of an Inmate and Official Misconduct.

Inmate indicated on June 7, 2017, at approximately 6:50 a.m. Officer Brandon Brewer threatened to assault him while he was confined in hospital room #1132 of CC2 at Memorial Hospital in Jacksonville, Florida. Inmate was wearing leg irons and the leg irons were secured to his hospital bed. At approximately 7:55 a.m. the same day, Officer Brandon Brewer entered his room with Officer Barney Offenberg and Reg istered Nurse Nyredia Boatwright. Nurse Boatwright was asked to step out of the room by Officer Brewer. Officer Brewer closed the door and curtain to the room. Officer Brewer began calling him a no good child molester "Cho-Mo" piece of shit. Officer Brewer then began to slap him in the face. At one point Officer Brewer pulled the leg irons on his ankles up, until he was almost off the bed. Officer Brewer started punching him in the head, face and neck area. As Officer Brewer was striking him, he received lacerations to the top of his head and face. Inmate indicated while Officer Brewer was striking him, he (Inmate was attached to a heart monitor and I.V. He had major surgery just days prior to the attack, having his gall bladder removed and hernia repaired and was in extreme pain to move at all. He is currently being treated for schizophrenia and depression.

In Officer Brewer's Use of Force Report and Incident Report from June 7, 2017, he indicated he entered room #1132 at Memorial Hospital. Upon entering the room he counseled Inmat on his disruptive behavior, he told him (quote) "Stop yelling for the nurse, you are disrupting the floor that is why you have a call bell." Inmate

became belligerent, cursing and threatening him. Inmat told Officer Brewer he would kill him. As he continued to counsel with Inmate Inmate uddenly grabbed his shirt and pulled him down. He then used force on Inmate by striking him with a closed fist in the face and head area and telling him to let him go. He continued to hit Inmat until he released his grasp.

A review of the fixed video at Memorial Hospital reveals 42 minutes and 43 seconds into the video, Nurse Nyredia Boatwright enters Inmate room with a tray of food along with Officer Brandon Brewer and Officer Barney Offenberg. Nurse Boatwright is then seen exiting the room approximately 32 seconds later. As Nurse Boatwright leaves, Officer Brewer is observed closing the glass door and appears to have closed the curtain to the room. Approximately 1 minute 9 seconds after Inmate food tray enters the room, Officer Brewer is observed removing it from the room. Officer Brewer is then observed re-entering the room. Approximately 8 minutes 29 seconds after Officer Brewer and Officer Offenberg enter the room, the door is opened inward and closed.

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Approximately 9 minutes 22 seconds after entering the room, Officer Brewer and Officer Offenberg exit the room, with Officer Brewer's shirt pocket flap hanging by the button and the front of his shirt un-tucked. Approximately 19 minutes 19 seconds after Officer Brewer removed Inmate food tray from his room, Nurse Boatwright is observed taking a food tray back into Inmate room. Officer Brewer was last seen with his right shirt pocket flap still attached to his shirt at 54 minutes and 38 seconds into the video. 1 hour 6 minutes and 15 seconds into the video Officer Brewer is observed entering the nutrition room . Approximately 18 seconds after entering the nutrition room, Officer Brewer exits the nutrition room with right shirt pocket flap missing.

During a post Miranda Interview Officer Brandon Brewer indicated on June 7, 2017, he was working at Memorial Hospital in Jacksonville, Florida. He heard Inmate yelling out the door of his hospital room for his pain medicine. He and Officer Barney Offenberg entered Inmate room with Nurse Boatwright. He asked the nurse to leave the room so he could council Inmate After the nurse left the room, he began to council the inmate telling him to use the call button. While standing at the foot of the bed counseling Inmate the inmate became agitated. Inmate began waving his arms around and a cup was knocked to the floor. He (Officer Brewer) got some gloves (Officer Brewer was not observed wearing nor carrying gloves when he exited the room) and moved to the side of the bed to pick up the cup up off the floor. As he was bending down to pick up the cup, Inmat grabbed him by his right shirt pocket and began to pull him (Officer Brewer) down to his (Inmate chest. While Inmate had Officer Brewer pulled down to his chest, Officer Brewer started hitting Inmate until he let go of him. Officer Brewer indicated it was a natural reaction to hit Inmate

when he grabbed and pulled his shirt. When Officer Brewer was questioned as to how tall he was and how much he weighted, he indicated he is 6'3" inches tall and weighs 270 pounds. Officer Brewer indicated when Inmate grabbed his shirt, the right pocket.flap was torn. Officer Brewer further indicated he asked his lieutenant (Lieutenant Christopher Cobb) if a picture should be taken of his shirt for evidence in the Battery of a Law Enforcement Officer. Officer Brewer indicated prior to the photograph of him and his shirt being taken, he removed the flap of his right shirt pocket and tucked it into his right front shirt pocket. He removed the flap of his shirt pocket because it was already falling off and dangling. Officer Brewer denied calling Inmate a Cho-Mo or child molester.

During a post Miranda interview Officer Barney Offenberg indicated he and Officer Brewer along with Nurse Boatwright entered Inmate hospital room. He and Officer Brewer entered the room so Officer Brewer could council the inmate about yelling out into the hall for his medicine. After the nurse exited the room, Officer Brewer closed the door and curtain to the room. While Officer Brewer was counseling the inmate, Officer Brewer was being loud, telling Inmate not to be bothering the nurses. Officer Brewer called Inmate a "Cho-Mo" and a child molester. As Officer Brewer kept talking to Inmate he (Officer Offenberg) thought someone called his name, he turned to leave the room and looked out the door and asked if someone was calling him. No one was in the hall or calling him and when he turned his head back toward Officer Brewer and Inmate

he observed Officer Brewer leaning over Inmate bed, hitting Inmate with two hard, hard punches. The first punch landed on Inmate face and the second punch landed on the top of his head. After leaving Inmate room, Officer Brewer told him Inmate grabbed him. Officer Offenberg indicated he did not believe Officer Brewer. He did not see Inmate fighting or grabbing Officer Brewer, stating Inmate was as "meek as a kitten" the whole time he was in there. He indicated Inmat never threatened to kill Officer Brewer or anyone else. He did not see Inmate rip Officer Brewer's shirt pocket or do anything to Officer Brewer to justify the force used on Inmate

During a sworn interview Registered Nurse Nyredia Boatwright indicated she had taken Inmate his food tray and was going to do vital signs on him. Inmate and Officer Brewer and gotten into an argument and Officer Brewer asked her to step outside the room. After she stepped out of the room she heard them talking back and forth, but she could not tell who was saying what. As she waited outside the room, she heard the curtain close, but did not know who closed it. She heard Inmate state as an officer you a not allowed to touch me and call me a pedophile. She also heard some chains rattling and heard someone say get off me. At that point she tuned the whole thing out. When she went back into the room , she did not see a cup or a spill on the floor. Inmate remained shackled to the bed during the incident. She observed Inmate with a laceration under the right eye and a laceration to the top of his head. His nose was also bleeding.

During a sworn interview, Lieutenant Christopher Cobb indicated Officer Brandon Brewer approached him and advised Inmate had grabbed him and he had to use force to get away from him. Officer Brewer continued to tell him Inmate grabbed his right shirt pocket, ripping it and he had to hit Inmat a couple of times with a closed fist to get away from him. Officer Brewer advised after hitting Inmate he left the room . After the use of force, Officer Barney Offenberg advised him, he was in the room with Officer Brewer and Inmate He thought he heard someone say his name and was going to

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leave the room for a second when he heard something. Officer Offenberg told him when he turned around, he observed Officer Brewer hitting Inmate a couple of times. Lieutenant Cobb indicated he was not sure whether Officer Brewer or Officer Offenberg reported the incident first to him. Inmate told him Officer Brewer hit him for no reason. As he was listening to Inmate he believed he was telling him the truth. He photographed Inmate injuries. When he went to photograph Officer Brewer, Officer Brewer had the flap of his shirt pocket in his hand. Officer Brewer then put the flap in his shirt pocket for the picture. Lieutenant Cobb indicated he could not see how it would be possible for the shirt pocket to be torn from Officer Brewer's shirt and the button still be on the shirt.

Based on the statements of Inmate Officer Offenberg, Nurse Boatwright and video evidence, there is probable cause to substantiate Officer Brewer falsified his Use of Force Report. Officer Brewer indicated in his Use of Force Report Inmate became belligerent, cursing and threatening him. Inmate told him that he would kill him. As he continued to counsel with Inmate Inmate suddenly grabbed his shirt and pulled him down. Based on the statement of Inmate Officer Brewer began calling him a no good child molester "Cho-Mo" piece of shit. Officer Brewer then began to slap him in the face. At one point Officer Brewer pulled the leg irons on his ankles up, until he was almost off the bed and punched him in the head, face and neck area. Based on the statement from Officer Offenberg, he was present in the room with Officer Brewer and Inmate and did not see Inmate grab Officer Brewer and did not hear Inmat threaten to kill Officer Brewer. Officer Offenberg admitted to hearing Officer Brewer call Inmate a "Cho-Mo" and a child molester. Nurse Boatwright denied seeing a cup in the room and Officer Brewer admitted to completely removing the flap from his shirt pocket for the purpose of taking the picture for evidence.

Your Affiant respectfully submits probable cause has been established that on June 7, 2017, at Memorial Hospital in Jacksonville, Duval County, Florida, Officer Brandon Brewer did commit the criminal offense of Malicious Battery of an Inmate, in violation of §944.35(3)(a)2, Florida Statute and Official Misconduct in violation of §838.022(1 ), Florida Statute.

Your Affiant respectfully requests that an arrest warrant be issued for BRANDON BREWER, W/M, DOB: currently residing at for one count of violation

of §944.35(3)(a)2, Florida Statute, the laws relating to Malicious Battery of an Inmate and one count of violation of §838.022(1 ), Florida Statute, the laws relating to Official Misconduct.

Affiant,E. ~u~J. Wh~ -Co (l'ec_,'f, o IA, Agency: Florida Department Of Agr.iGUlwce/offics, Of N1FieultuF0 Law l!:nferoemeftt n.A.P.'-'hl/ /.-e ,,_,e4 .+~ Duty Section: -------------

Sworn to and subscribed before me this ~ ay of September, 2017, by the aforementioned

Affiant [ ] who is personally known to me or y(who has produced rDoc:... - 'D...:Z:-(i as identification and who did take an oath.

-=~- =:....:.1-- Court of the Fouval, County, Florid

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ARREST WARRANT

S. A. CASE NO. 17 AF051336AD CCR NO. 2017-17-11437 DIVISION CRA JUDGE Anderson • ~#,..., ASST ST ATIY Octavius Augustus Holliday, Jr.

IN THE NAME OF THE STATE OF FLORIDA TO ALL SINGULAR THE SHERIFFS OR DEPUTY SHERIFFS OF THE STATE OF FLORIDA

WHEREAS, upon the sworn affidavit, complaint or other sworn testimony of E. J. Whatley, the

undersigned Judge of the Fourth Judicial Circuit of Florida, in and for Duval County, has found that there exists

probable cause to believe that one BRANDON SCOTT BREWER, did on June 7, 2017, in Duval County, Florida

commit the below-listed offense(s), contrary to the provisions of Florida Statutes:

1 BATTERY ON AN INMATE §944.35(3)(a)2, F3

2 OFFICIAL MISCONDUCT, §838.022(1)(A), F3

You are HEREBY COMMANDED to arrest BRANDON SCOTT BREWER, Last Known Address:

Race: White; Sex: Male; DOB: Ht: 6'3";

Wt: 270; Hair: Brown; Eyes: Not Defined; Scars, Marks: N/A; if he be found in your county, and safely keep

him so that you have his body before a Judge of the Duval County Circuit Court, at the Courthouse in

Jacksonville, instanter, to be dealt with according to law.

Appearance bond is fixed per count at: 1) $ It ':I 2) $ I.._ \SO3

Given under my hand and seal this \ <\ r'-'-day of September, 2017.

/ 7 l,u~ ~ -::C Court of the Fourth ~udicial Circuit in and for Duval, County, Florida

Extradition C

ASA Approv

Received this Arrest Warrant the ___ day of _________, 20 __, and executed it on

the __day of ________, 20 __, by arresting the within named------------

and having him I her now before the Court this __ day of _______, 20 __.

Arresting Officer: ________ID# ___ Agency: --------- ------~ Duty Section:--------------

JAIL DOCKET NO.

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ode:

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STATE ATTORNEY'S OFFICE MELISSA W . NELSON STATE ATTORNEY

ARREST WARRANT I SEARCH WARRANT

MEMORANDUM

TO: Circuit I County Judge DATE: September 19, 2017

FROM: State Attorney's Office RE: BRANDON SCOTT BREWER S.A. NUMBER: 17AF051336AD DIVISION: CRA

I reviewed the attached Arrest Warrant.

I request a bond of $1003 per count be set.

,-)re- iJ uA..tibo 7(19 /9-Assistant State Attorney Date

Phone Number

AW_AWSWMemoToJudge Page 1 of 1