ORANGE COUNTY, Fla. — The State Attorney’s Office has charged an Orange County deputy with misdemeanor battery domestic violence.
And now, WFTV has obtained the report that shows what deputies saw on scene that night.
As WFTV reported weeks ago, a woman called 911 Memorial Day weekend to report that David Burdick had punched her.
Burdick has been on administrative duty since the incident, at first pending the outcome of OCSO’s Professional Standards investigation, and now pending the outcome of his criminal case. Although the results of criminal investigation were eventually forwarded to the State Attorney’s Office, which led to the misdemeanor charge, Burdick wasn’t arrested that night.
[ Read: Orange County deputy under criminal investigation after report of domestic violence ]
“I’m a criminal defense attorney, I’m a former prosecutor,” said Chad Frost, the accuser’s lawyer. “This is a very unusual case. That night there was an investigation done. No arrest was made. Even though there was physical evidence of physical injury, no arrest was made.”
The incident report the Orange County Sheriff’s Office just released to us shows deputy Jason Sickles did see that evidence. It says he “observed bruising and swelling on [the accuser’s] right eye and cheek” and “further observed bruising and swelling on (the accuser’s) forearms and wrist”.
The accuser told Sickles she stuck her arms up to protect her face.
Burdick wasn’t arrested that night and the report doesn’t provide an explanation, even though state law requires one.
WFTV reached out to an OCSO spokesperson, asking why deputies didn’t arrest Burdick that night. She said she’s looking into the matter.
WFTV legal analyst Bill Sheaffer also reviewed the report.
“Because there appears to be an abundance of probable cause and he wasn’t arrested that night,” Sheaffer said. "It certainly raises the question whether he received preferential treatment because he’s a law enforcement officer.”
Frost says with the charging decision now in hand, he and the victim feel it’s more than fair to question whether she was treated fairly.
“Who do you go to when the accused is also a law enforcement agent?” asked Frost. “Who do you go to?”
Burdick is due in court Aug. 15.