FORT LAUDERDALE, Fla. _ No one did anything wrong, no policies need to be reviewed and no one needs discipline for how they responded to an apparent attack on a jailer by school shooter Nikolas Cruz, an investigation has found.
The Sheriff's Office released two official reports showing that Sgt. Raymond Beltran responded according to the agency's use-of-force policy, and neither report took issue with the amount of time that passed before assistance arrived.
From the moment Cruz jumped Beltran in November 2018 to the time he was subdued, more than a minute passed with no one coming to the detention deputy's aid, according to surveillance video that became public last month.
In Beltran's own account, he said he ordered Cruz to "stop resisting" even as Cruz struck him on the back and side of his head. Cruz managed to knock Beltran's stun gun away from him, and it discharged without hitting anyone.
After Beltran fought back and regained control of the situation, he said he escorted Cruz to a secure room. "No other force was used during this incident," Beltran wrote. "At this time back up arrived on scene."
The incident was reviewed and officials determined the response time by backup deputies was within acceptable standards, Sheriff's Office spokeswoman Veda Coleman-Wright. "No security protocols needed to be modified and no disciplinary action was necessary."
The use of force report contains no detailed narrative but shows where Cruz and Beltran struck each other during the brawl. "I concur with the minimal force used by Sgt. Beltran to quickly gain control of this violent inmate," Detention Lt. Richard Foust wrote.
The official word confirms what a union representative said after the video's release. Beltran, who was guarding Cruz, fought back the sudden attack and had no time to radio for assistance, but a control room technician monitoring surveillance video immediately called for backup.
Jail security protocol is not an issue the Sheriff's Office discusses publicly, for safety reasons, but Sgt. Anthony Marciano, who works at the jail and serves as director of the union director for Broward Sheriff's Office detention unit for the Federation Of Public Employees, said in late January that it's not unusual for a deputy in need of assistance to wait from 20 seconds to a minute or more.
For any guard at any moment, he said, it's a matter of timing _ who's working, how close, and whether deputies are on permitted breaks at any given time. Detention deputies tend to coordinate their breaks to avoid leaving the others without adequate support in case of an emergency, Marciano said in a January 31 interview.
The surprise attack from Cruz was something Beltran had to handle alone. Cruz has been charged with battery on a law enforcement officer and is facing trial this year, though the timing remains in question. He was due in court Monday, but Broward Circuit Judge Elizabeth Scherer postponed the hearing for a month.
The delay was welcome news for defense lawyers who still want the trial delayed _ Cruz is facing 17 counts of murder and 17 counts of attempted murder for the 2018 shooting at Marjory Stoneman Douglas High School in Parkland. The alleged attack on Beltran happened while Cruz was in custody at the Broward Mail Jail.
Scherer had originally wanted Cruz to go on trial in the murder case in January, a commitment that collided with reality when legal issues could not be resolved in time to proceed with jury selection.
At least one of those issues should keep Cruz from going before a jury in the battery case, according to defense lawyers: The Florida Supreme Court has yet to decide whether the jail visitation log should be disclosed to the public, and until it does, his lawyers at the Broward Public Defender's Office will not allow mental health professionals to visit him for evaluation.
Mental health issues are likely to figure prominently in both the murder and battery cases _ without a mental health screening, Cruz's lawyers say they will not be prepared to offer an adequate defense. Allowing prosecutors and the public to see which mental health experts talk to Cruz would unfairly disclose the defense's strategy, the attorneys have argued.
Attorneys on both sides are waiting for the Supreme Court to weigh in so the cases can proceed.
Cruz is next due in court on March 23.
