Aviana Bailey v. Daytona Beach Police: Partial Deposition of Officer Joshua Mersereau

More about this case can be read here: www.news-journ... (Excerpted here).
Woman paralyzed in police shootout suing ex-Daytona Beach officer
A pregnant Aviana Bailey said she didn’t hear the shots and didn’t see the muzzle flashes, but she saw the Daytona Beach police officer with his Glock leveled, confronting her boyfriend as she sat in his car.
Then she felt her life change as the .40-caliber bullet from the officer’s gun slammed into her chest.
“I just felt the impact of it,” Bailey said. “My whole body went numb. I just knew something was wrong and I just see him with his gun pointed at us.”
The young mother-to-be was left paralyzed from the chest down after the shootout with police at Daytona Beach International Airport in April 2012, according to a federal lawsuit filed in Orlando against former Daytona Beach Police Officer Joshua Mersereau. The State Attorney’s Office has cleared Mersereau in the shooting.
The 25-year-old Bailey can breathe on her own and use her arms but not her legs, her attorney said. This is the first time that Bailey has publicly discussed the shooting, which put her in a wheelchair and her baby’s father in prison.
Doctors decided not to remove the bullet which damaged her spine, so she still carries the slug - along with the heartache of not being able to care for her child, Craig, who will turn 2 in September.
“She’s confined to a wheelchair and from the waist down doesn’t work,” said her attorney John Phillips. “Because of that, taking care of a 2-year-old is virtually impossible, so she needs help from her mom and her dad to even take care of her kid. They do a lot of the day-to-day child care. It’s as bad as it gets when a mom can’t take care of her own child.”
“We must see the situation through the eyes of the officer on the scene who is hampered by incomplete information and forced to make a split-second decision between action and inaction in circumstances where inaction could prove fatal,” the motion quotes the appeals court.
A federal judge dismissed Chitwood and the department from the lawsuit but Phillips - the same attorney who recently won a $2.6 million verdict against Volusia County for a Kansas woman run over by a Beach Patrol truck - said the lawsuit will be amended soon to add the city of Daytona Beach as a defendant.
Mersereau opened fire after he saw Bailey’s boyfriend, Marvin C. Jones, point and fire a revolver at him, according to an investigation from the Florida Department of Law Enforcement. Mersereau fired his gun 23 times, according to the FDLE. Bailey’s lawsuit says Mersereau fired between 23 to 37 bullets. The two other officers - Christopher Pearsall and Michael Dill - fired five times, the FDLE said. Pearsall and Dill are not named in the lawsuit.
The investigation also found that Jones tried to fire his gun six times but it malfunctioned and fired only twice. Jones was hit by five shots from police but survived. No police officers were hit. Jones pleaded no contest last year to attempted second-degree murder, aggravated assault on a law enforcement officer with a firearm, resisting arrest with violence and attempting to flee and elude with lights and siren. He was sentenced to 30 years in prison.
The State Attorney’s Office cleared Mersereau, Pearsall and Dill after the investigation by the FDLE. Mersereau and the other officers would later be honored for their actions that day. And still later, Mersereau would be fired in October 2013 for pummeling a fellow officer in a locker room fight.
The issue of an innocent mother getting shot should not be mixed up with Jones’ actions that day, Phillips said.
“What happened with Marvin Jones is separate and distinct,” Phillips said. “There is some debate we can have on how that actually went down. At no point was Aviana more than a girl who was pregnant going to see the father of the child, not knowing anything was going on and winds up with a bullet in her spine and winds up paralyzed.”
The suit claims Mersereau fired in an unsafe and unreasonable manner “in the direction of the innocent Aviana Bailey.” Mersereau fired “when it was apparent that no forcible felony was being committed or life threatening situation existed.” And he fired while tripping over a curb knowing that “could cause errant bullets to stray from the intended target,” the complaint states.
More in link.
The federal counts were dismissed via qualified immunity and settled under state law claims which are capped by sovereign immunity in Florida. We will upload more depositions in this case.

[@walidbahhur4198]

Give the guy a break. It’s very difficult to keep track of so many lies

[@bernadinesymczak617]

My parents told me to tell the truth TRUTH never chang d Everybody else not him!!!

[@whitefiddle]

Stupid people really need to make it a goal in life not to lie. Not just because it's wrong but because they're not smart enough for it to work.

[@JenLester]

😂😂😂😂 ikr

[@santaclaracountycopwatch6824]

The cop is getting caught lying, under oath. During deposition........ Criminal actions call for criminal punishment

[@johndoe-ss9bz]

The "Thin Blue Lie"...

[@shroompicn-shrooman]

This is why we need to end QUALIFIED IMMUNITY NOW !!!!!

[@mariellecano6832]

He is a liar and a coward

[@StandWatie1862]

Psychopaths aren't cowards

[@DJPLAST2]

Did you not notice the outfit he chose to wear. It comes with the territory.

[@SnowMan-qt9kf]

Liar and coward that’s their job description

[@johndoe-ss9bz]

@@StandWatie1862 : But most of them get De-Facto Hero, and Super Hero status from from puppet local media outlets.

[@BabsKaz]

Part of the job description.

[@CPIcivrights]

Obviously, he's not very intelligent and probably a bully all of his life. He definitely has an attitude about others, and his demeanor is offensive and arrogant.

[@dangriffin4134]

if you'll listen closely, hes doing what cops always do, and BLAMING everyone else but himself, its ALWAYS someone else's fault ,

[@jamierupert7563]

Narcissist. You can smell that smug attitude too.

[@jeffchristie-od5gu]

SJPD1440

[@steveanton763]

Look what you made me do!?! 😂😂 You made me hurt you!

[@johnh8197]

This dude is a terrible liar.

[@geoffclifford3546]

A cop !

[@ImprovmanZero]

he isn't lying the facts are he is too dumb to realize leadership is trying to save him from himself

[@daryl6591]

Officer safety is all that matters. Ask the children of Uvalde about Officer safety. O yeah you can't they're all dead because of officer safety

[@constitutionrepublic3731]

💯💯

[@andreajames3096]

Tyrants are the most COWARDEST person on planet Earth. Uvalde had 1 gunman. They had plenty of GUNS. However, because of OFFICER SAFETY, they SAVED THEIR LIVES FORFEITED THE INNOCENT LITTLE ONES.

[@WhiteLiteBarbie]

Insane that they have no actual legal duty to protect civilians.

[@daryl6591]

@@WhiteLiteBarbie . Not anymore. Thanks to the blue line Supreme Court.

[@robertroberts9782]

Poor copper forgot his neck at home

[@andreajames3096]

His head is on his shoulders. Wonder if he uses head a shoulder shampoo? He's quite THE LIAR with no neck to stand on. Perception is used a lot by these LIARS.

[@JamesKonzek-xr5zy]

Good one!

[@Bri_g3]

@@andreajames3096😂

[@BabsKaz]

That's hilarious 😂

[@happyas]

I get the feeling this cop should be behind bars rather than working in law enforcement.

[@EdwardGatey]

Meet Monsieur Gulliotine in public. Or a pillory.

[@Nutnboujee]

ABSOLUTELY!!!!

[@Nutnboujee]

@@EdwardGatey🤣🤣🤣👍🏼👏🏻👏🏻👏🏻👏🏻👏🏻

[@PaulWilson-lu3ki]

The only muscle this guy has never worked out, is his brain.

[@StandWatie1862]

Well, the rest of him doesn't seem too fit either

[@jt2861]

That doesn’t make much sense… he is not fit by any stretch

[@19kooper]

No no no please don't give him any credit‼️

[@sloride3222]

@@jt2861agreed

[@RebelSoul_]

He's fat and out of shape he'd git a vest on underneath a vest and 5 shirts.

[@briansmullen8390]

I've met a person just like this. He was a child in a man's body.

[@Nutnboujee]

As most ARE!!!

[@santaclaracountycopwatch6824]

That haircut says everything you need to know. Prior military, drinks cheap beer and watched mma and goes hillbilly when on duty

[@DJPLAST2]

Limp wristed by his own admission. How sad, who would have known?

[@johnmagnotta8401]

Officer Swanson!

[@keithb7283]

There is nothing wrong with being prior military. God Bless our Vets.

[@Mid-Nitz]

Come on he would have been considered a shit bird in the military. Don’t judge us all by him. Semper Fi What concerns me is his disrespect for civilians rights and the law. He believes he does no wrong and laws don’t apply to him. This goes to trial, they don’t want him on a stand he will cost them more than is being ask for.

[@SlyDawg951]

Police have a habit of either beating up or killing our military veterans. There are many videos showing police and veterans interactions, showing just that.

[@kennyslagle6293]

This police Officer is truly a psychopath with a very serious ego problem.

[@damonspencer243]

In the beginning of the disposition was he describing an acorn?

[@susanburris5525]

Your comment wins🏆😅

[@shroompicn-shrooman]

I wondered that too . Is this the acorn cop 🤣

[@tonydavies-g7u]

The way this cop is sitting and trying to make smart comments says it all about American cops.

[@johnsomich7890]

His “story” and its vagueness and inconsistency tells me there’s no body cam or dash cam to back it up???

[@shroompicn-shrooman]

For some people it's easier to play "country dumb" especially when you are this guy 😂

[@Nemo-ff9he]

How did this cop pass his GED?

[@EdwardGatey]

Did not, imho.

[@johnsomich7890]

Sounding like this cop should’ve been on the Brady list

[@shroompicn-shrooman]

Without a doubt 💯% liar .

[@Ska_ditch]

This cop is just so perfect and everyone else just doesn't understand him.

[@Nutnboujee]

He is TRULY MENTALLY ILL! He is TERRIFYING! He is GIDDY that he got his kill!

[@jocarmo]

The truly sad part is he believes he is the good guy. He acts like a vigilante, not a cop. Though he was probably trained to think like this, all officers who think like him should be in prison clothes not law enforcement uniforms.

[@civilcivilian]

The police are domestic terrorist organizations as defined by the FBI.

[@mikewilliams2072]

This officer has got a cover story for every abuse he has commited, he thinks he can justify any abuse he commits, these people he is abusing are bad people they shouldnt have any rights anyway, that is his logic !!!!!!!

[@terrivangundy]

OMG...This cop is making Jokes on the stand. 😡DISRESPECTFUL 😢

[@johndoe-ss9bz]

No Respect for "Truth and Justice", and the police "Oath of Honor".

[@modtwentyeight]

And bad ones at that.

[@coleramus561]

4:03--Says he did a "combat reload". Correct procedure is a "Tap and Rack" because you are actively engaged and time is very much a factor. Never assume cops know crap about firearms--even if they look like a combat vet. Probably drove a truck in the reserves.

[@bplynch834]

Did this guy actually point a gun? At the police officer, was there a video

[@PaulWilson-lu3ki]

Pretry scary to think these are the type people that are hired to protect the public.

[@tk00903]

They have no responsibility to protect a person, only the public at large, as in the case of a riot.

[@sydneyevans2637]

"Twins. There's two of them". He really said that.

[@jamielandis4606]

He really said his k9 was taken from him for "doing his job too well."

[@Pet1717]

Mr. No neck is Lying about his own lies

[@brettrhea9179]

Another Cpt. Shane E. Briggs trainee Doing what they do

[@trainguy1017]

How convenient. Nothing is ever his fault

[@bobbytaylor7414]

I wonder has the body cam footage been released

[@EdwardGatey]

Acorn coo video is available.

[@AtoZImprvts.]

Revealing a PSYCHOPATH !! 😡😡😡

[@narzmaree9051]

Exactly 💯

[@mackmarcano5125]

A LIAR HAS NO MEMORY

[@constitutionrepublic3731]

What is this cop currently doing?

[@johndoe-ss9bz]

For generations the count for One = 1, Couple = 2. Few - 3, and then its 'More than a Few". and Several is any amount after "more than a few!

[@wardgerry]

Dirty cop speak with fork tongue!

[@mikewilliams2072]

He dosent care what happens to the bad guy as long as officer Mersereau goes home at end of shift, in his mind the bad guy dosent have any rights anyway, he is a bad guy, he likes to see the bad guy suffer at his hand, whether it was the dog or him as long as pain being rendered to the bad guy, he thought if you are bad guy you should suffer some kind of pain because you did not obey my directives!!!!! Typichal cop!!!!!!!!

[@kirkberg-ug5np]

Its written all over his face do I need to say any more? Get rid of qualified immunity now!

[@ginman293]

Poor character and low IQ

[@supermankent1041]

Does he Always Exaggerate? I don't think eyes can get "half dollar" size let alone Bigger.

[@jeffchristie-od5gu]

Gaudy cars, gaudy costumes, vainglory. The Badged-Brethren R.I.C.O. is NOT your friend

[@justahippie]

A Very Bitter and Egotistical man. Victim had a Warrant, is all he Needed to Justify his Actions !! I Wonder if he, Sees Hisself as a Avenging Hero Cop ?!! Righting the Wrongs, doing the Dirty work NO Other Cops will do.

[@geoffclifford3546]

No neck thinks that HE is captain fantastic ! 👮😈🐷🤡

[@vickismith3645]

What a gas liter.

[@kennyv3512]

Another thing. Where is your neck?

[@RalphPike-bg6xu]

How in the hell is this guy still?A police officer with all these complaints

[@stevenshrader6645]

He's so arrogant that he doesn't know he stupid. He also thinks he is a elite crime fighter. He's just a bully

[@welhari6181]

How convenient, selective memory, happens every time! 😂

[@holdingcopsaccountable6554]

So get your license registration and proof of insurance is suspicious now.

[@welhari6181]

Lol, the dog wanted the 🍏! Was hungry

[@kennyv3512]

A Very Dirty cop that want to be clean

[@johnjenkins5854]

Arrested Development! What do you think? 15?

[@EdwardGatey]

12

[@thehaglin]

As a lifelong, law abiding and respectful citizen, I have come to the opinion civilian self policing, home schooling and anarchy (self rule) seems to be over and above the BEST way to move forward given the elitism, entitlement, corruption, collusion, narcissism and indoctrination permeating every corner of government.

[@dennisjohnsen7297]

The statement about the forced entry, that the force used against the “mother” wasn’t intentional? Well, did you take any steps to PREVENT shoving her? Would you have done that to YOUR mother? If a suspect is in a dumpster, he’s not going anywhere. Was there a hurry to take him into custody? If you don’t have a K-9, would the suspect STILL be in the dumpster?

[@cplmpcocptcl6306]

His family is busy pretending not to know him.

[@MaryanneJane]

Not surprising, his sister is a real b*tch, thinks her sh*t doesn’t stink, VERY judgmental and is less than friendly. I remember her constantly talking down to and sh*t about him. I thought he was somewhat a loner but would help you if you asked. I had NO IDEA that he was related to his sister for years because she was so HORRIBLE to him. The way she spoke to him and about him I figured they had some falling out but never questioned her because I’d rather eat gas station sushi than look at that no neck, horse faced bully. Now I can’t help but wonder what his home life was like. I have nothing bad to say about him because he was nice to me and definitely a little on the goofy/ awkward side.

[@lennymalley745]

God bless you my friend keep you the great work always sharing ❤❤❤

[@johndunn4258]

Military Turkey Head😂

[@lev53420]

Why didn't the cops attorney just say in the beginning that he's going to object to form on every question. I'm tired of hearing him say it

[@jaymallo7859]

You would think with cameras being absolutely everywhere.. at some point these good cops we hear so much about would appear on video yet they’re like Unicorns and Bigfoot.

[@johnmckenna5000]

The best comment of the day

[@Boombauatic]

I wonder if it was actually acorns falling around him

[@Michael-h5r3c]

These are the people we want to protect us. That officer is an idiot. He doesn't even know his right to left.

[@colin-tf1bx]

Everybody's falt not me I'm always in the right

[@justinthomas5727]

If you want to know what happened to this officer, he was allowed to resign. The department then paid for him to go through firefighting school.

[@DJPLAST2]

This dude is causing the rest of the barrel to start to stink because of the one rotting fruit.

[@jeffchristie-od5gu]

One? There may be ONE good piece in any of their R.I.C.O. Chapters, but not more

[@steveanton763]

Yeah it's just him.

[@sloride3222]

He got caught in so many lies……wtf how is this guy not in jail.

[@MiamiValleyReporter]

Uniformed patrol officers are to respond to calls for service and obvious criminal actions they witness. They are not investigators charged with sneaking onto private property and searching for possible crimes (4th amendment). They are not supposed to escalate routine traffic offences unless there is obvious evidence of criminal activity (plain view doctrine). Investigators investigate and patrol officers patrol and issue traffic citations.

[@mainejournalnews8737]

Nothing is ever this cop’s fault. He is so laissez faire about all of this. A woman was paralyzed because of him, FFS.

[@LazetteBall]

They all lie

[@CliftonMoore-t7k]

Curly Howard said he did his job too well, he was catching all the bad guys, but from his Tyrant behaviors, he seems to be a bad good. I would like to ask him what makes him the good guy. I'll love to hear his answer. Smdh

[@BabsKaz]

So very disturbing 😨

[@JustAlanJohn]

An interesting cop this Officer Joshua Mersereau search for him shocking person.

[@KaiserSoza-lw9nx]

this psychopath was fired for attacking a fellow cop at police headquarters. really smart guy... eats a lot of donuts.

[@carlosnandin2750]

Lies

[@kingmoto5228]

This cop has tons of jokes considering the situation. What the heck.

[@peterbuckley3877]

The official investigation found that the suspect only fired his weapon twice, so where did all these other shots and muzzle flashes he has testified to come from? His testimony is at odds with facts documented in the police investigation, how does he explain this major discrepancy ?

[@gregwilliamsono9360]

This man has to big of an ego to be a cop

[@968porsche9]

23 shots. Paralyzed young mother. No remorse. Cannot get the story straight.

[@jerrygriffin7796]

This cop is a danger to society he makes everything someone else's fault.

[@kamilegier4730]

I bet the local livestock are afraid to turn their back on him.

[@biggs3182]

So looking at him is a bad and suspicious thing huh?

[@toms7098]

You can tell he has no respect for anyone's rights, everyone is a worthless criminal and he HAS TO GET THEM, ANY MEANS POSSIBLE. Any problems are from bad cops trying to get him.

[@mikhaelis]

His body language and eyebrows give his lies away.

[@geeman819]

Why does people trust these scumbags? The seem to hire anyone who has no moral compass.

[@davidgillette7109]

Scary man.

[@B́wiseasSerpents]

"30% bite rate never made any sense to me."

[@fredperry523]

How many falling acorns did officer no-neck hear before he emptied his magazine ?

[@keeppassingtheopenwindows]

when you have a record like this tyrant does and his behavior covered over and over again .. this 'police' dept deserves everything it gets!! and sit up ffs!!

[@amadaferrel3062]

Good job!❤❤❤❤❤

[@mc-qx6ue]

The boyfriend should be charged with her near death, and life long, life altering injuries.

[@antonioborges5575]

This cop was a victim. According to his statement. It’s always somebody’s else’s fault. Why are they picking on me.

[@bernadinesymczak617]

No EGO with him lol Typical EGO BLUE LINE

[@martinwhalley3286]

Did you bring a silver dollar with which to measure his pupils? Or were they the eyes of a deer, as their eyes are literally about the size (not necessarily the shape of a dollar coin) of a silver dollar. Is this an exagerraion (a form of lie), an outright lie or even an accurate description. When we know this is a falsehood, any further words from his mouth can be disregarded as his difficulty with honesty has become him

[@charliemccarthy5854]

Why is it a partial deposition?

[@rickywhitehead-u3v]

So far he is showing all the traits we need are cops to have.

[@DallasDanny1]

In my opinion this thug cop is a compulsive liar how do they get away with this

[@irvy78]

So we just have to remind him its nota laughing matter 😢but its a piggy 🐷 so no much hope

[@dewaynemetcalfe6907]

Jack Booth Thug

[@davemurphy1202]

I think he needs a 3xxx shirt rather than medium he has on !! Lol

[@jimhorgan1515]

This cop is nuts.

[@tomryan8600]

SAo this cop , with a long list of illegal and often criminal activities was still not fired =======DISGUSTING ===========