Filing # 106574919 E-Filed 04/22/2020 03:17:21 PM

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT

IN AND FOR ORANGE COUNTY, FLORIDA

CASE NUMBER: 2017 CF 826 A

STATE OF FLORIDA,
Plaintiff,
vs.

MARKEITH LOYD,
Defendant.
_____________________/

MOTION TO COMPEL THE ENTIRE UNREDACTED INTERNAL AFFAIRS FILE

FROM THE ORANGE COUNTY SHERIFF’S OFFICE ARISING FROM THE
INVESTIGATION CONDUCTED AS A RESULT OF THE ARREST OF THE
DEFENDANT ON JANUARY 17, 2017

Defendant, Markeith Loyd, by and through undersigned counsel files this Motion to Compel
and states:

1. On January 17, 2017, officers from the Orlando Police Department (OPD), Orange County
Sheriff’s Department (OCSD) and other agencies converged on a single-family home
located at 1157 Lescot Lane in Orlando intent on executing the arrest of Markeith Loyd for
the shooting of Sgt. Deborah Clayton.
2. As a result of the arrest, the Defendant suffered a large contusion above the left eye; small
contusion above right eye; cut next to left eye; avulsion on left side of cheek; abrasion and
contusions on the right side of face; a cut in the mouth; bruise on center of back below
shoulder blades; small cut and bruise on lower center portion of back; a red semi-circle
abrasion in the center of the back just above the waist; cut on the right ear; abrasion on right
elbow. The Defendant was later diagnosed at the hospital with a left inferior orbital blowout
fracture and rupture globe, left eye which required surgery to repair. Ultimately Loyd lost
his eye.
3. It was determined that during the arrest of the Defendant, four Orlando police officers used
deadly force. They are Sgt James Parker; Sgt Anthony Mongelluzzo; Officer Cedric Hinkles
and Officer Jonathon Cute. It was determined that Sgt Parker delivered a kick with his right
foot to the left side of Loyd’s face and delivered two to three muzzle strikes from his rifle

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 to his back and ended with a closed fist strike to the right side of his face with his right hand.
Officer Hinkles delivered a front kick to Loyd striking Loyd on his left ear followed by a
downward kick to his left shoulder blade and three closed fist strikes to his shoulder and
muzzle strike to the left side of Loyd’s face. Sgt Mongelluzzo delivered a muzzle strike with
a rifle to Loyd’s back. Officer Cute delivered one kick to the left side of Loyd’s face.
4. On December 19, 2017, both Florida Department of Law Enforcement (FDLE) and
prosecutor Phil Archer from the Eighteenth Judicial Circuit began investigating the events
of January 17, 2017 involving the injuries suffered by Markeith Loyd.
5. During the investigation, OCSO was requested to provide all relevant files to this incident.
Ex A. In response, they provided through Lt Sean McCormick the OCSO Professional Unit
Inspector, transcripts and radio transmissions. Ex B (Inv28-30). They also provided OSCO
Incident Reports and CAD Reports. Ex C (Inv 26) No other items were provided by Internal
Affairs.
6. There is no question that an investigation by the OCSO Professional Unit Affairs should
have been conducted involving this incident. During the investigation, Deputized Marshal
Orange County Sheriffs Officer Broadwell notified FDLE that he was shown a helicopter
aerial photograph taken right before the blows to Loyd by his supervisor Sgt Bruce Vail
taken from a “chase helicopter” still and was asked to identify himself in the photo.
Broadwell identified himself in the photo as well as Deputy Ashworth. All of these Officers
are OSCO deputies. Moreover, the chase helicopter is an OSCO asset. Finally, there were
dozens of OSCO deputies involved in this event including the transport deputies that video
recorded Mr. Loyd’s journey to the OPD with his injuries. (body Cam footage obtained) It
should be noted that below signed counsel obtained a public document that purports there
was never any investigation or inquiry involving the dozens of OSCO officers involved in
this incident. Ex D.
7. It should be noted, that several OSCO deputies tell a different version than OPD officers.
Those deputies were providing statements in the immediate period following the events..

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 WHEREFORE, the Defendant request that the Court grant this motion and order the FDLE,
Orange County Sheriff’s Office, Brad King as prosecutor or any other party in possession of these
items, to provide the complete unredacted Internal Affairs (Professional Compliance) file of the
Orange County Sheriffs Office involving this event involving Markeith Loyd which occurred on
January 17, 2017.
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing motion was served via
Efiling notification on the Office of the State Attorney on April 22, 2020.
Respectfully Submitted,

s/Terence M. Lenamon
Terence M. Lenamon, Esq.
Florida Bar No. 970476
245 S.E. 1st St.
Suite 404
Miami, FL 33131
p. 305-373-9911
f. 305-503-6973
terry@lenamonlaw.com

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EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D