Btesh v. City of Maitland
| Decision Date | 29 July 2011 |
| Docket Number | Case No. 6:10-cv-71-Orl-19DAB |
| Parties | ALBERTO D. BTESH, as Guardian of RONALD S. BTESH, Plaintiff, v. CITY OF MAITLAND, FLORIDA, REBECCA DENICOLA, and GARY CALHOUN, Defendants. |
| Court | U.S. District Court — Middle District of Florida |
This case comes before the Court on the following:
Background
This case arises from the shooting of Ronald Btesh ("Btesh"), a 55 year old man who suffers from schizophrenia and has the mental capacity of a 9 year old, by Defendant Rebecca Denicola, a police officer for Defendant City of Maitland, Florida ("City of Maitland"), on December 22,2008. (Doc. No. 72-5 at 5-6, 8, filed Jan. 5, 2011; Doc. No. 105-9 at 5, 9, filed Apr. 15, 2011.) Plaintiff Alberto D. Btesh ("Plaintiff"), the guardian of Ronald Btesh, (Doc. No. 72-2 at 2-4), brings this action against City of Maitland, Officer Denicola, and Gary Calhoun, the Chief of Police of the City of Maitland, for damages arising out of the shooting of Btesh. (Doc. No. 72.)
The Maitland Police Department was dispatched to Btesh's residence following 9-1-1 calls on several occasions prior to December 22, 2008. The Maitland Police Department incident reports corresponding to those emergency responses documented Btesh's mental condition. On September 6, 1998, the Maitland Police Department was dispatched to Btesh's residence following a verbal dispute between Btesh and his live-in caregiver of 26 years, Nohemy Castelblanco, and later that day following a battery by Btesh on Castelblanco. (Doc. No. 72-3 at 2-3; Doc. No. 131-6 at 4.) The incident report indicated that Btesh had a mental condition, was under the care of a psychiatrist, and had "visions" of acts that do not occur. (Doc. No. 72-3 at 3.)
Another incident report dated April 9, 2007, noted that Btesh took several medications to control hallucinations, delusions, and violence. (Doc. No. 72-4 at 2.) The report also documented Castelblanco's observations that Btesh had been hallucinating, hearing voices, punching the walls, and screaming at her. (Id.)
On August 24, 2008, the Maitland Police Department responded to Btesh's residence regarding an alleged battery. (Doc. No. 72-5 at 3.) The reporting officer observed that Btesh was "mentally infirm and [that] a coherent conversation was not possible." (Id. at 2-3.) The incident report noted that Btesh was speaking "incoherent [g]ibberish" and that an officer was unable to obtain Btesh's attention. (Id. at 3.)
On November 16, 2008, approximately five weeks prior to the incident at issue in this case, the Maitland Police Department responded to Btesh's residence following a complaint by Castelblanco documented as an "unknown disturbance." (Doc. No. 72-6 at 2.) The corresponding incident report stated that according to Castelblanco, Btesh heard voices telling him to harm himself and kicked down Castelblanco's bedroom door. (Id. at 3.)
In addition to the Maitland Police Department incident reports, Computer Aided Dispatch ("CAD") Incident Reports documented the 9-1-1 calls and communications between emergency dispatchers and police officers responding to Btesh's residence in April 2007, August 2008, and November 2008. (Doc. No. 72-4 at 6-7; Doc. No. 72-5 at 8-9; Doc. No. 72-6 at 7-8.) The CAD Incident Reports noted complaints from Btesh's residence that a 55 year old schizophrenic male was acting aggressively and talking to himself. (Id.)
On the evening of December 22, 2008, Btesh struck Castelblanco over the head several times, causing her to fall to the floor, and Btesh kicked Castelblanco while saying, "die, die, die."1 (Doc. No. 105-8 at 3-4; Doc. No. 131-6 at 6.) Castelblanco called 9-1-1, and the following conversation transpired between 9-1-1 dispatcher Michelle McEachern, a communications technician employed by the City of Apopka, Florida ("City of Apopka"),2 (Doc. No. 132-1 at 19, 31), and Castelblanco:
(Doc. No. 119-1 at 2-3.) The phone call lasted one minute and forty seconds.3 (Doc. No. 139.)
Castelblanco admitted during her deposition that she hung up the phone during this call. (Doc. No. 105-8 at 4.) McEachern unsuccessfully attempted to reestablish telephonic communication with Castelblanco. (Doc. No. 132-1 at 45.)
After hanging up with McEachern, Castelblanco called the residence of Waldo Ramirez to ask him to call 9-1-1. (Doc. No. 105-8 at 4.) Castelblanco provided conflicting testimony about whether she spoke to Waldo Ramirez or his wife, Alida Ramirez. (Doc. No. 131-6 at 9; Doc. No. 105-8 at 4-5.) In any case, Alida Ramirez called 9-1-1 at an unknown time after Castelblanco called 9-1-1, and the following conversation occurred between Ramirez and McEachern:
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