Florida Man Tortured and Pepper-Sprayed to Death by Police

It has been two and half years since 62-year old Nick Christie was tortured and pepper-sprayed to death by police at the Lee County Jail. Although the medical examiner ruled his death a homicide, the law enforcement officers who kept him strapped naked to a chair and then pepper sprayed him until he died have not been charged in his death.

On January 20, 2010, the Injury Board’s National News Desk reported that Nick Christie’s wife, Joyce Christie, and her son, were planning to file a federal lawsuit because the police violated her husband’s constitutional rights. The article describes what allegedly happened when Christie was arrested for trespassing:

Christie, 62, was arrested last March after traveling from Ohio to Fort Myers while suffering, what his widow describes as a mental breakdown. Arrested twice for disorderly conduct and trespassing, Nick Christie was pepper sprayed ten times over the course of his 43-hour custody.

Suffering from emphysema, COPD, back and heart problems, the jail staff said his medical files were not available or immediately sought at the time of his arrest. But DiCello says Christie gave his medical history and list of medications to the jail days earlier during his first encounter with law enforcement.

His medication list was found in the back pocket of his pants when Christie’s personal effects were returned to his widow.

Sometime between the time he was arrested on March 27, 2009 around 2:00 p.m., and March 31 at1:23 p.m. when he was pronounced dead, Christie had been sprayed with ten blasts of pepper spray, also known as OC (Oleo-resin Capsicum), which is a derivative of cayenne pepper.

The officers involved in the incident say that Christie was “combative, despite the fact he was restrained in a chair so he allegedly wouldn’t spit at his jailers.” However, other inmates on the cell block tell a different story. They say that there was excessive use of pepper spray, his whole head was turning purple, he was gasping for air and was telling the officers that he couldn’t breathe and that he had a heart condition. (source: Injury Board)

According to the medical examiner, the death was a homicide caused by the stress that the restraints and repeated use of pepper spray placed on his heart. However, the State Attorney’s office decided there was no wrongdoing, therefore the officers involved in the incident were never charged in the homicide. In a memo issued on January 5, 2010 that is lacking in any detail, Assistant State Attorney Dean R. Plattner wrote:

The evidence presented in this case does not legally prove beyond a reasonable doubt that any individual or group of jail personnel had any intent to kill Nicholas Christie, or otherwise committed an act of murder. Even considering the lowest level of criminal homicide, manslaughter, the evidence does not prove that such criminal offense was committed.

According to Joyce Christie’s attorney, Nick DiCello, it is shocking that the state attorney came to this conclusion. Even if they thought there was probable cause that there was a crime, the case could have gone forward.

Now, Fox News has obtained a photo of the incident, which “shows the Ohio man restrained inside the Lee County Jail with his body covered in pepper spray.” Di Cello explains that the “photo is a picture of a man who is strapped to a chair naked inside a jail for hours with a hood over his face. That evokes thoughts of being tortured.”

DiCello told the Injury News Board:

Humanity has failed here. And now they aren’t going to address the failure. Us as a people, we need to recognize we’ve all failed and make it right, not ‘Let’s just move on from this failure.’ People shouldn’t do this to people. Nothing could warrant the treatment and death this guy experienced.

A 62-yr-old retiree strapped to a chair and died. I don’t get it.

The wrongful death lawsuit is scheduled for the middle of 2012.

Sign the Petition in Support of Justice for Nick Christie.

Crowd of Over 50 Teens Overrun Police in Attempt to Assault Victim at Home

Bahrain Activist Arrested, Dragged to Police Van (Video)

Photo credit: Donald Lee Pardue on flickr

Disclaimer: The views expressed above are solely those of the author and may not reflect those of
Care2, Inc., its employees or advertisers.

sb k.

3:34PM PDT on Apr 12, 2012

Florida has been suffering from the influence of re-districting that had been implemented ten years ago. The re-districting resulted in a two for one majority in the legislature. Yes. This had been instituted while Jeb Bush was governor. Since that time none of their spending cuts have had to contend with significant numeric opposition. It has been FOR the private sector and AGAINST social programs in the public sector except for law enforcement. As noted, this was the period when the "Stand Your Ground" law had been passed. The state has been run like a police state during what some Republicans would compare to the "era of good feelings." This was a period in US history when James Monroe and John Quincy Adams served in the presidency.

send a green star

Martha E.

9:29AM PDT on Apr 12, 2012

This is an old story I just found, and I am flabbergasted at the injustice. Florida certainly is a strange state. I think of it as a retirement state, but there seem to be a lot of losers, and worse, living and working there. They pass laws which are over-the-top (Stand Your Ground), and do not prosecute crimes, and abuse farm workers. People from across the country must send their outrage.

Marian S.

6:44AM PDT on Apr 8, 2012

Unfortunately; We can't do a petition against the corrupt prosecutor because he died ...

The ONLY thing we can do is pound them with calls and emails to the Governor, DOJ and FDLE and really push this petition so they see the outrage and hear the outrage

Office of Governor Rick Scott - (850) 488-7146

Department of Justice Main Switchboard - (202)-514-2000

FDLE - (850)-410-7000

Mary D.

1:56AM PDT on Apr 7, 2012

GREAT JOURNALISM PIECE ANNIE URBAN! KEEP UP THE GOOD WORK!!

1:54AM PDT on Apr 7, 2012

How about a PETITION to REMOVE ASSISTANT STATE ATTORNEY DEAN PLATTNER? He is OBVIOUSLY INCOMPETENT> FIRES THE OFFICERS INVOLVED TOO> I hope they collect a bundle!

Joan E.

9:21AM PDT on Apr 5, 2012

I keep hoping that things like this are kept in the past, but it is so sad that of this day and age we still torture people and get away with it. Why is it so hard for them to get the real facts out and do the right thing, we are told to respect the police they are our protectors but how can we feel safe when we keep reading and hearing about all that has been going wrong here?
Thanks to the internet we are hearing of more that is happening, don't the police know this, they can't hide anymore things from us!!

9:06AM PDT on Apr 5, 2012

Hi everyone,
I just want to let you all know that I have not given up..I continue to make calls and send out emails to everyone from local to federal.
I find it very sad that other petitions for Trees or animals have thousands of signatures in a matter of days times and we have been at 5 months and still not have not even 800. How sad is it that people will not show outrage when it comes to a human ?
Our Governor Rick Scott has appointed a special prosecutor for the sad death of Trayvon Martin because he doesn't want to appear racist. However; He will not do the same for the torture and murder of Nick Christie.
Again; I'm asking people to make calls to Governor Scott office and send emails. Please re-post the petition and tell people we will not allow justice to go UN-served. Until I hear the words Not Guilty in a courtroom, I will not stand down, I will not give up !

Thank you to all of you who have tried to help find Justice for Nick and his family
Best Regards,
Marian

Deirdre B.

1:24PM PDT on Apr 4, 2012

This is saddening...

3:25PM PST on Jan 27, 2012

We really need some serious outrage NOW !
I am so outraged by this and so will everyone else here that cared so much to help

FDLE won't be pressing charges in the Christie case
www.winknews.com

http://www.winknews.com/Local-Florida/2012-01-27/abcd

lesley t.

12:10PM PST on Jan 27, 2012

I am so overloaded with email-comment follow ups I cant read asll of them but I too (as is Lyn) am a bit disturbed at the amount of signitures to pull a direct tv ad--yet this man was murdered and only less than 600 signatures madeit to the petition. Come on guys- if this is not broyught forth soon there will be no evidence, memories will get foggy etc--I know how it goes, trust me. Put as much pressure as you can on these govt officials and bring it to the public forefront. asap-too much time has passed. This travesty of justice cannot be gloosed over just to hapen again.An example must be set.