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

The longest most in-depth training is how to lie and pass lie detector tests. Weeks of coaching on lying. The SCOTUS gives cops their blessing to lie without any repercussions. Guns jam from “ limp wrist ing “ 😂😂😂😂😂😂😂😂😂😂😂😂😂😂 A recent study has shown that across the country police on average have the equivalent of a 4th grader comprehension or social skills. The scary part is that means have of police have 1st 2nd or 3rd grade level. Might be why on average tax payers have to pay out 5-6 BILLION dollars a year to settle police abuse or ending innocent peoples lives. Not budgeted money.

[@walidbahhur4198]

The Supreme Court is stripping our rights little by little…

[@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 !!!!!

[@elwardmatthews4529]

I agree end qualified emunity.

[@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.

[@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.

[@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.

[@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🤣🤣🤣👍🏼👏🏻👏🏻👏🏻👏🏻👏🏻

[@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 😂

[@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!

[@tonydavies-g7u]

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

[@kennyslagle6293]

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

[@briansmullen8390]

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

[@Nutnboujee]

As most ARE!!!

[@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.

[@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.

[@Nemo-ff9he]

How did this cop pass his GED?

[@EdwardGatey]

Did not, imho.

[@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."

[@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.

[@ScottAT]

Low Emotional Quotent. Feelings on his sleeves.

[@Pet1717]

Mr. No neck is Lying about his own lies

[@bplynch834]

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

[@mackmarcano5125]

A LIAR HAS NO MEMORY

[@ginman293]

Poor character and low IQ

[@kirkberg-ug5np]

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

[@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!!!!!!!!

[@vickismith3645]

What a gas liter.

[@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!

[@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

[@RalphPike-bg6xu]

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

[@kennyv3512]

Another thing. Where is your neck?

[@holdingcopsaccountable6554]

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

[@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.

[@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

[@sloride3222]

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

[@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?

[@johnjenkins5854]

Arrested Development! What do you think? 15?

[@EdwardGatey]

12

[@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.

[@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.

[@kingmoto5228]

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

[@johndunn4258]

Military Turkey Head😂

[@BabsKaz]

So very disturbing 😨

[@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.

[@colin-tf1bx]

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

[@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.

[@amadaferrel3062]

Good job!❤❤❤❤❤

[@robertlawrence1041]

55 seconds in and he lies about what happened. Just wow

[@JustAlanJohn]

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

[@biggs3182]

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

[@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

[@LazetteBall]

They all lie

[@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.

[@KaiserSoza-lw9nx]

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

[@gregwilliamsono9360]

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

[@B́wiseasSerpents]

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

[@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

[@968porsche9]

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

[@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 ?

[@charliemccarthy5854]

Why is it a partial deposition?

[@bernadinesymczak617]

No EGO with him lol Typical EGO BLUE LINE

[@JRMorris]

I don't want a Large Farva...

[@howlinwulf]

That's a liar right there folks. Of course you can't expect them to tell the truth. Whew

[@joeschermann7729]

Clearly unfit for carrying a badge and gun.

[@jerrybradshaw3587]

This guy is a SYCO!!

[@jonilove6223]

Guilty guilty guilty of being the dumbest and biggest lying cop who needs to be in jail. His ego is bigger then his arms and lies.

[@georgecraytin9838]

How did this cop ever work with that command. He was not allowed to have any fun and use his toys.

[@dewaynemetcalfe6907]

Jack Booth Thug

[@justicefl]

Good example of an ego driven coward that officer safety makes all his sins justified

[@davemurphy1202]

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

[@frankieortega8154]

The question this inquiry board should be asking him is has your canine ever bite you I'm pretty sure he has because they can sense bad guys which this cop is takes one to know one

[@tomryan8600]

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

[@koskey06]

If you want to be a criminal and hurt people, become a officer! As long as you DON'T learn the law or how to do your job/just play dumb and say things like "I didn't know I wasn't allowed to mag dump a car if they tell me NO" or "I thought anyone as to give me ID when I ask or I couldn't them use FORCE to arrest them......they resisted so I mag dumped them"....then you get off Scott free and I'm fact will get promoted.

[@scottschaeffer3860]

It’s the real life officer farva!

[@ryanphillips4218]

23:45-24:10 says it. High ranking officers that think of people civil rights are bad cause to most leos it's acceptable to sacrifice our civil rights on the potentiality of their lose of life.

[@monicateeling810]

“There wasn’t a lot got away from my gang”........ I bet!!! And I’m sure they didn’t have body cams 😢😢😢😢😢😢😢😢😢😢A hunting game, not thought for the subject of the hunt..........SHOCKING IN THIS DAY AND AGE !!!!! Abhorrent.

[@johnmckenna5000]

One end of his tongue is making a liar of the other one

[@frankieortega8154]

I love how this piece of s*** explaining but he better get his story right for when he meets God he has to explain why he's judged man his whole life and taking life in Malice which cops do boy in trouble

[@stevenhardway7650]

I remember calling it in but I don't remember anything that was said tho . Really dude come on

[@RebelSoul_]

Awwwww he wost his wittle dwoggy dec 2021 worst day of his life. I sure hope his momma huggied him and made him cookies with milk.

[@DallasDanny1]

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

[@JamesKonzek-xr5zy]

Cop is a graduate of Trump University of lying.

[@terryzigler7521]

You can tell he's a liar can't keep a straight face nooooooo

[@stevenhardway7650]

He can't even count wtf

[@gerardstanley4788]

The real problem is he is still in custum an no regrets bound 2 have a lot more problems

[@TroyKent-u5r]

His body language and over answersing show's he is lying

[@derekwhidden2732]

He is dangerous

[@LazetteBall]

Is anything coming from his mouth the truth

[@martinwhalley3286]

Analogies R Us

[@jasonzwack8342]

Yeah the haircut does say alot. He also has textbook (not sure there is an actual textbook) signs of a chronic liar. A very bad liar. For example he does the look down and right before looking up sharply answers in a serious almost squint stare, shoots his eyes right fast everytime. That is a shitty way to explain, some people even say they cant see the face things i see that people do. Im just saying with this guy you dont even need to clearly see his face features to see the lie.

[@johncasey9042]

Don't second guests yourself get it done who gives a fuck if it's you not right it's officer safety first all the time

[@gerardstanley4788]

Retention no accountability lose cannon poor dog Goin off his demands dog would b more intelligent than this ejit his higher ups should of stepped in way sooner

[@wlong3868]

Nothing is ever this guy’s fault

[@LazetteBall]

Lier lier lier

[@rayowens4176]

A d with ears

[@richardclair6718]

Imagine how many people he has abused

[@grahamkenny7965]

He's such a liar he should be fired immediately and arrested for give a false statement the lies he makes up is unbelievable how did he ever become a police officer

[@hosfarfarhos7873]

Guilty Guilty again, Guilty without knowing much more. This is a crocket corrupt smart cop as they come.

[@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

[@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 🤣

[@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.

[@johnsomich7890]

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

[@shroompicn-shrooman]

Without a doubt 💯% liar .

[@markbanks4738]

There should be nothing like the Brady list. If they’re liars, they’re gone.

[@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 😂