Battery charge dropped after controversial Daytona Beach arrest caught on bodycam

Battery charge dropped after controversial Daytona Beach arrest

A battery charge has been dropped against a tourist who was arrested in Daytona Beach last month, according to documents filed in the Seventh Judicial Circuit Court. The State Attorney’s Office said it has dropped the battery charge against David Anderson, determining that the arrest itself was sufficient punishment. An open container charge remains pending.

ORLANDO, Fla. - A battery charge has been dropped against a tourist who was arrested in Daytona Beach last month, according to documents filed in the Seventh Judicial Circuit Court. 

The State Attorney’s Office said it has dropped the charge of battery on a law enforcement officer against David Anderson, 27, of Tennessee, determining that the arrest itself was sufficient punishment. An open container charge remains pending.

Body camera video of Anderson's March 12 arrest raised concerns from Daytona Beach Police Chief Jakari Young. The officer associated with the arrest had been reassigned to administrative duties and an investigation was opened within days of Anderson's arrest.

The backstory:

In a prepared and edited video statement posted on the Daytona Beach Police Department's Facebook page a day after Anderson's arrest, Chief Young called the video "concerning."

"After review of the body camera footage as well as the video currently being shared online, I will acknowledge what many people have already said, the clip circulating online is concerning," he said.

The video showed the detainment and arrest of Anderson, who was stopped for allegedly drinking out of a tequila bottle, a violation of the city's open container ordinance. The encounter then escalated with the man detained on the ground, handcuffed, Tased, and repeatedly punched in the face, according to the video and the arrest report.

According to the arrest report, police said Anderson, who was visiting Daytona Beach from Tennessee, was asked to get rid of the alcohol, who told the officer to dump it out. 

CLICK TO DOWNLOAD THE FOX LOCAL APP

Video showed Anderson giving the bottle to the officer, who proceeds to dump it out.

Police said in the report that Anderson threw the cork at the officer, which prompted the arrest. He was then handcuffed and Tased for allegedly resisting arrest, the report states.

Bodycam video 

Daytona Beach Police released nearly five minutes of video from the officer's body camera. You can watch the full video in the embedded Facebook post.

Content warning: Viewer discretion advised.

Officer reassigned

Chief Jakari Young said the officer involved, Joel Llinas, was reassigned to an administrative role pending the outcome of an internal investigation.

Chief Young said he forwarded the video to the Office of Professional Standards to review.

"We expect our officers to handle every encounter with professionalism, patience, and sound judgment," he said in a prepared video statement.

SIGN-UP FOR FOX 35'S BREAKING NEWS, DAILY NEWS NEWSLETTERS

"Let me be clear. As chief, I will always support the men and women of the Daytona Beach Police Department when they act within the law and within our policies. At the same time, when an officer fails short of those standards, it will be addressed swiftly and appropriately."

Documents filed in the Seventh Judicial Circuit Court on Wednesday, April 15, announced that the state attorney would not be prosecuting the battery charge.

Prosecutors said the officer involved will not face criminal charges.

Records released by the department show the officer has been investigated in multiple prior incidents. In one case last year, he was reprimanded after placing a gun against a man who investigators determined was not a threat, violating department policy on the use of force.

An internal affairs investigation into the latest incident remains ongoing.