Lakeland Police Officers Cleared Of Excessive Force Charges

LAKELAND, FL -- After a review of reports, videos and witness interviews, the Lakeland Police Department has determined that the officers acted properly when they arrested a homeless man Tuesday, April 10, beneath the U.S. 98 North overpass at Interstate 4.

Lakeland Police Officers J.R. West, 44, and De'Angelo Anthony, 30, were captured on video by a passerby punching and kicking 38-year-old Justin Abbott who had been sleeping beneath the overpass. They said he resisted arrest and they used the amount of force necessary to subdue him.

"The preliminary review shows that the officers involved in the incident, J.R. West and DeAngelo Anthony, were justified in their response and acted within our Use Of Force Police," police spokesman Gary B. Gross said in a press release issued Wednesday, April 11.

"Both officers used various physical tactics, including strikes to the upper torso, in an attempt to gain control of John Abbott and take him into custody," Gross said.

In the video posted by Joel Alfaro from a distance away, it appears that Anthony kicked Abbott in the head. Gross said that wasn't the case.

"Abbott was not kicked in the head. As Officer West gave an audible warning that he was deploying his taser, Officer Anthony stepped back to ensure he would be clear of the taser effects," said Gross. "When the taser failed to stop Abbott, Abbott grabbed the device from Officer West. Officer Anthony then kicked Abbott in the upper torso in an effort to make Abbott to release the weapon."

West, 44, has been with the Lakeland Police Department for five years and Anthony, 30, has been with the department 11 years. Both officers are with our Neighborhood Liaison Unit. Neither officer has been the subject of prior Internal Affairs investigations, Gross said.

Abbott has a criminal history that includes 13 arrests in eight states with charges including aggravated assault - child abuse, burglary, assault, battery, unlawful carry of a weapon, resisting arrest and trespassing.

The administrative review of the incident is continuing.

Images via Lakeland Police