Two young men went on a burglary spree that spanned six states and ended in Key West with pepperspray, punches and their arrest. But suspicions have been raised about excessive force by two of the arresting officers and an end to the promising career of a third officer, who left the department after seven months in disgust over what he had seen.
Californian Jesse Gene Gregory was tall, skinny and 19 about to turn 20 at the time of his arrest. His buddy from juvy hall, Daniel Holte Stambaugh, was 22 and from Arizona.
Neither were lovable Robin Hoods. But neither were they murder suspects and probably didn't deserve getting punched and pepper-sprayed by police while handcuffed, in custody and presumably, no longer a threat.
The 5-foot-9 Stambaugh in particular was reportedly banged up quite a bit, with a reddened, bruised face, a black eye and a claim that he had been peppersprayed "15-17 times."
Unfortunately, no photographic evidence exists to document his injuries. For some reason, the booking photos of both men may have mysteriously disappeared . . . if they ever existed at all. All that was available was a mugshot of Gregory from an earlier arrest and one of Stambaugh 10 days after his arrest.
Greg Artman, Community Relations director of the sheriff's office, said he too was at a loss to explain the lack of booking photos at the time of the arrests, suggesting the jailers may have held off because of the effect pepperspray has on the face of its recipients.
NOTE: Just minutes before presstime, Artman called to say that the photos had been found— too late for publication here.
The initial incident that led to the men's eventual undoing in Key West took place in the early morning hours of July 6, 2000, after Gregory had parked near a man in a local motel parking lot and allegedly pointed what he claimed was his grandfather's 32-cal. Smith & Wesson at the man, demanding his money. The victim ran off and called the police.
The dauntless duo apparently also had been involved in a previous burglary of a vehicle in Marathon. Stambaugh, meanwhile, was either passed out on the passenger side of the car or otherwise had not participated in the attempted robbery of the Key West man.
But it was squealing wheels that first turned the officers' attention onto the two men. Only later, did police find their car matched the description of the one in the earlier gun-pointing incident.
Eventually, the two would come under the purview of numerous officers, including Ron Ramsey, Mike Beerbower and Steve Austin, as they tried to escape by climbing the 6-to-8-foot partially barbed-wire fence surrounding the Key West Cemetery.
What happened next depends upon to whom one speaks. Both officers deny it, but, according to court records, Ramsey would go on to break his hand on Stambaugh's face, citing "pumping adrenaline." And Beerbower, who wasn't involved in the apprehension of Stambaugh, would apparently decide not to let that stand in his way.
Roberta Fine, an attorney hired by the public defender's office, suggested Beerbower repeatedly punched a defenseless Stambaugh long after the fact, as he sat handcuffed in the back of the police cruiser, his eyes closed and burning from a faceful of pepperspray.
The story begins when police first stopped them "for driving suspiciously." They left the car and made a run for it. Stambaugh had made it across the cemetery fence where he would encounter Ramsey and Austin. Gregory was caught by Beerbower while climbing the fence. The loaded gun was left on their dashboard, but police had been alerted that the men might be armed and dangerous.
According to official police records, Gregory was peppersprayed off the fence, but not until after he either, intentionally or in an effort to scale the fence, kicked Beerbower with his barefoot on the side of the head.
Ramsey, meanwhile, on the inside of the fence, had pulled his weapon and said Stambaugh came toward him, daring the officer to shoot him. In Ramsey's deposition, he said Stambaugh charged him.
"I was able to holster my weapon and spray pepper foam and secure him, (but) during the struggle, I discovered I received broken bones in my right hand," he disclosed. Ramsey would later describe his hand as "swollen to the size of a balloon."
During his deposition, Austin, who had written a Use of Force Report for the department, was asked what happened between Ramsey and the defendant, Stambaugh.
Curiously, Austin said he "did not see Stambaugh do anything before Ramsey punched him." That was the same time Ramsey had reported being "charged" by the defendant.
When asked if he saw the punch, Austin said, "I saw Officer Ramsey throw what appeared to be a punch. I didn't see where he hit him. All I know is that the defendant fell to the ground."
Officer Austin then handcuffed the man and held him facedown on the ground.
Quoting from Austin's deposition, attorney Jiulio Margalli, who defended Gregory, then asked:
Q: Did anyone pepper-spray him (Stambaugh)?
A: Yes.
Q: Who sprayed him?
A: Officer Ramsey.
Q: When did Officer Ramsey spray him?
A: After he was handcuffed.
Q : Why did Ramsey spray him after he was handcuffed?'
A: I don't know.
Fine would later say, among the allegations in her failed Motion to Dismiss the charges against Stambaugh, that he, "without any threatening gesture," was punched in the face by Ramsey.
She said her client did not "push" Ramsey either prior to or after he was punched in the face. She added that he was "subdued by Austin immediately after Ramsey hit him and did not resist when Ramsey peppersprayed him in the face."
According to court documents, "Beerbower had no contact with Stambaugh until he was handcuffed and in the back of the police cruiser." The attorney alleged that "Beerbower opened the police cruiser door and struck Stambaugh twice, (who) was handcuffed and recuperating from being peppersprayed."
Neither officer has acknowledged any wrongdoing nor apparently been reprimanded. Information officer Cynthia Edwards said Wednesday only the chief or his designee are allowed to discuss personnel matters. And nothing was forthcoming from "the chief or his designee" at press time when asked for an official response.
Austin, the third officer mentioned in the incident, expressed concern about the effects of pepperspray on a suspect. Pepperspray has been described as an "oleo capsicum" residue, similar to an oil-based spray. It burns the eyes and skin, causing sweating, coughing and could last up to 20 minutes.
Austin told investigators that he had gone back to check on Stambaugh, as required by regulations, to insure against any complications or adverse reactions.
The young officer, whose twin, Adam, works in police dispatch, had been with the department seven months at the time of the incident. Reports circulated that his version of events did not go down well with some of his fellow officers. Sources described him as somewhat disillusioned over what he had witnessed.
However, when asked directly why he left the Key West Police Department, his official response was "for personal reasons." He has finished the sheriff's department's academy and is now awaiting assignment as a corrections officer at the Monroe County Detention Center.
The two who were arrested were facing from 10 to 20 years with seven counts of attempted robbery with a firearm, a 2nd-degree felony; aggravated fleeing and eluding, a 2nd-degree felony; two counts of battery on a law enforcement officer, a 3rd-degree felony; two counts of resisting arrest with violence, a 3rd-degree felony; and resisting arrest without violence, a 1st-degree misdemeanor.
After plea-bargaining however, the batteries on law enforcement officers were dropped for both men. Stambaugh pleaded guilty to 2nd-degree misdemeanor assault, while Gregory pled to aggravated assault. Both admitted to burglary to a conveyance.
Stambaugh also admitted to failure to obey a lawful command, a 1st-degree misdemeanor. He was sent away to state prison for a year and nine months. The state had wanted three years.
Gregory got two 3-year terms— for aggravated assault and burglary— to run concurrently.