City Attorney Recommends Settling $95K False Arrest, Excessive Force Lawsuit

Daytona Beach, FL – The City of Daytona Beach is expected to settle on a lawsuit where the plaintiff alleges the police department falsely arrested him and used excessive force against him. Jomardrick Wilcox, the plaintiff in the case, was 22-years-old at the time of his arrest in June 2019. The suit alleges that Wilcox was standing outside of a pizza restaurant on Seabreeze Boulevard as the Daytona Beach Police Department (DBPD) began bar closing duty during Truck Meet.  At some point during the night, Daytona Beach Police Officers Jerome Hassell and Cody Cassidy observed Wilcox and his friends standing outside of the restaurant. Hassell then approached the group and asked them to leave, but the group said they were waiting on food from the restaurant. Hassell then spoke to the manager of the restaurant, who said the group had not ordered food and he wanted them to leave. Wilcox then went and spoke to the manager and told him they intended to buy food and wanted to stay, the manager let them. According to the charging affidavit from the incident, Wilcox allegedly yelled “(EXPLETIVE) you can’t touch me,” to Ofc. Hassell, who returned to the restaurant to arrest Wilcox for disorderly conduct. As Hassell and Wilcox struggled, Cassidy, who did not witness the initial encounter, went into the restaurant to assist Hassell. From that point, the suit says Wilcox was taken to the ground using a leg sweep as Cassidy delivered a knee strike to his body while Hassell drew his taser. Another officer entered the restaurant and was finally able to arrest Wilcox, who was charged with disorderly conduct and resisting arrest. The charges against Wilcox were ultimately dismissed in January 2020. When he was released from jail, Wilcox went to the hospital with complaints to his neck, shoulder, and back. Wilcox also alleged in the suit that he suffered from post-traumatic stress disorder as a result of the arrest. Further analysis found that Wilcox was suffering from bulging discs and disc herniations in his back; which garnered a medical bill over $46,000. According to Messod Bendayan, the public information officer for the DBPD, an internal affairs investigation was launched following the incident. Three allegations were brought up against Hassell—Cassidy was listed as a witness to the incident in the investigation—those being arrest without warrant, unauthorized actions, and an allegation against his use of his body camera.  Per Bendayan, Hassell—who is still employed by the DBPD, along with Cassidy—was exonerated of the first two allegations. However, the allegation of his body camera misuse was sustained. The investigation found that while Hassell turned on his camera, it was not turned on when the encounter began. Bendayan says Hassell was counseled on that by his superiors after the fact, and no other disciplinary actions followed. The suit is seeking damages totaling $95,000. If the case is not settled during Wednesday’s (Nov. 3) city commission meeting, a jury verdict could result in an award “substantially in excess of the settlement amount.” And it was because of that reason that City Attorney Robert Jagger recommended the city approve the settlement.