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Fla. deputy acquitted of negligence after TASER deployment at gas station caused suspect to catch fire

By Cristóbal Reyes
Orlando Sentinel

OSCEOLA COUNTY, Fla. — The Osceola deputy accused of recklessly igniting a gasoline fire with a TASER and severely burning a man he was trying to arrest was found not guilty Friday night of misdemeanor culpable negligence after a weeklong trial during which he testified the incident was an accident.

David Crawford’s family was filled with emotion as the verdict was read at 8 p.m. — after more than six hours of deliberation. The acquittal put to rest a complex trial that rested on a central question: Was the February 2022 fire at a Wawa gas station in Orlando caused by Crawford’s missteps while trying to arrest then-26-year-old Jean Barreto?

His attorney Michael Barber lauded the verdict, telling a reporter immediately afterward this was not a typical misdemeanor case.

“We think the jury got it right; we think justice was served here today,” Barber said. “My client is very happy to be able to put this behind him and get back to his life and get back to protecting and serving the community.”

An elated Crawford declined to speak with reporters after the verdict and it’s not clear he intends to return to the Osceola County Sheriff’s Office. An agency spokesperson did not immediately respond to a message seeking comment.

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Prosecutors, led by Chief Assistant State Attorney Ryan Williams, said they put forward the best case they could against the deputy.

“I think the jury took their time and deliberated carefully,” Williams said. “Ultimately it’s their decision whether or not law enforcement uses reasonable force on an arrest, and they reached their decision based on the evidence and their view of it.

The prosecution and defense made their closing arguments Friday. The fire that left Barreto with burns on three-quarters of his body happened after he’d been chased by deputies into Orange County, fleeing on a dirt bike after reports of bikers brandishing guns at people in Osceola. No gun was ever found.

Prosecutors argued Crawford acted deliberately and recklessly. They further noted he threatened Barreto he would get “Tased again” during the confrontation immediately before the stun gun discharged and Barreto burst into flames.

In Williams’ final pitch to the jury he told them Crawford “paid no attention to the innocent bystanders” when he approached Barreto moments before the blaze.

“He knew there was gasoline all over the place. He announced it. He knew he was going to Tase him. He announced it,” Williams said noting the burns Barreto suffered mean his “body and his life are changed forever.”

“There was no chaos at this gas station until he arrived,” he added.

But Barber told jurors another story: The fire was accidental and the result of a justified chase of a man accused of fleeing deputies who believed he had a gun. He also questioned throughout the trial whether the stun gun a state fire investigator said was responsible for the blaze was the actual cause — pointing to alternate explanations like the heat from Barreto’s engine.

“We want you to look at all the evidence, we want you to look at all of the law,” Barber said, later adding: “Every single witness, every single video conclusively shows you he didn’t intend to use the Taser.”

Throughout the trial, jurors heard testimony that pinned the fire on the stun gun belonging to fellow Deputy Christopher Koffinas , who used it during the struggle with Barreto before Crawford got hold of it. It was when Crawford pulled the trigger as he tried to toss it that the gasoline ignited.

Jurors also heard from a detective leading the criminal investigation who testified that radio transmissions did not point to Barreto as an armed suspect, contrary to what Crawford said on the witness stand.

But Barber tried to sow seeds of doubt throughout the trial, starting with questioning the cause of the fire. He also tried to make the case that the force used to apprehend Barreto was justified because he was riding recklessly at high speeds while fleeing authorities.

Whether Barreto was correctly identified as armed was “completely irrelevant,” he said, pointing to the lead detective’s testimony and that of other deputies who took the stand and said Crawford was required to make an arrest.

“What the evidence established is he did exactly what he was supposed to do: he followed his training,” Barber said. Koffinas, he argued, immediately and against policy drew his stun gun and used it around gasoline. “Koffinas, the cowboy from Texas — running up, quick draw, boom — doesn’t wait for anything else,” he said.

Crawford’s trial happened two years after Barreto’s fateful encounter with Osceola deputies. Sheriff Marcos Lopez defended the chase, saying Barreto fit the description of a motorcyclist brandishing a gun and likely tossed it. That was not supported by helicopter video shown to jurors.

The chase and arrest was criticized as “grossly excessive” by Mark NeJame , who leads the law firm that once represented Barreto. According to him, Barreto was with a group of dirt bikers on a memorial ride in honor of a friend when deputies arrived on scene.

Barreto faced charges of fleeing law enforcement, reckless driving and resisting arrest — but prosecutors declined to bring a case against him.

A lawyer representing Barreto did not immediately respond to messages seeking comment following the not guilty verdict.

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