Deputies accused of using excessive force on homeless man

DANIA BEACH, Fla. (WSVN) -- Surveillance cameras captured the arrest of a homeless man, but the man's attorney said the video shows deputies crossed the line.

What started as a man walking in the street escalated into allegations of police brutality involving Broward Sheriff Deputies.

In an interview with investigators from the Broward Public Defender's Office, an unnamed witness said he watched two officers attack Gerald McGovern from just a few feet away. The Dec. 2 confrontation was all caught on grainy surveillance video. The witness said he was afraid to talk to those officers. "They tried to call me, I don't go, I'm afraid of these people because of the way they beat the other guy," he said.

BSO Officials said that five of their deputies were in an unmarked vehicle combating crime in the area along Federal Highway in Dania Beach when they spotted the 58-year-old walking in the street. They did not provide a statement because they said this incident has only recently com to light. Broward Sheriff Al Lamberti plans to address this incident later Friday afternoon.

McGovern's attorney, meanwhile, said the surveillance video clears her client and implicates them. "The initial reason for approach basically, on the officer's police report, is that Mr. McGovern supposedly was walking in a lane of traffic on the main road. I can't imagine that walking in a lane of traffic and subsequently turning into an alley should earn anyone in the community a beating," said Broward Assistant Public Defender Celine Abramschmitt.

In the arrest form, the arresting officer stated: "The white male approached me in a violent manner yelling and raising his hands, which were clinched in a pre-attack manner. In fear for my safety, I struck the white male in the chest ... he attempted to grasp my arm and went into a low stance in what appeared to be a wrestling move. I gave the white male several more strikes to the stomach to gain compliance. He continued to resist with violence, striking twice in the left side."

McGovern has some previous charges that include cocaine possession and disorderly conduct.

His attorney said that is no reason for her client to now be sitting in jail as the accused when he's actually the victim. "In light of the witness testimony that there's any justification for what took place and for the beating that took place, then you know we have to ask ourselves, what's going on within the Broward County Sheriff's Office? What's going on with the police force?" said Abramschmitt.

Abramschmitt is going to the State Attorney's Office Friday to try and get an investigation started.

The arresting officers said alcohol was involved, and they said they needed to use the force they used to get the situation under control.

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