Charges recommended against Osceola County deputy, man in Taser sparked fire at gas station

The Osceola County Sheriff’s Office has recommended a misdemeanor charge against one of its deputies after that deputy allegedly fired a gasoline-covered Taser at a suspect at a Florida gas station, which sparked a fire that burned him, the suspect, and another deputy.

Sheriff Marcos Lopez made the announcement during a news conference on Thursday. He said Deputy David Crawford knew there was gasoline in the area and by firing the Taser, his actions were "reckless" and showed no regard for human life, which rose to the level of a potential crime. According to the State Fire Marshal, the Taser ignited the fire, which left both Crawford and the suspect, Jean Barreto-Baerga, severely burned.

Barreto-Baerga also potentially faces several charges stemming from the incident, including fleeing and attempting to elude law enforcement, reckless driving, a three-wheelie offense, and resisting arrest.

On Feb. 27, Osceola County deputies received reports of people on motorcycles allegedly pointing weapons at other vehicles. That investigation led deputies and a sheriff's helicopter to locate a group of motorcycle riders in the area, who were captured on video popping wheelies, driving on sidewalks, and driving erratically through the streets. During a news conference, Sheriff Lopez played the helicopter's aerial surveillance video from that day.

Deputies attempted to stop Barreto-Baerga on a blue dirt bike, but he rode away, according to Sheriff Lopez. The sheriff said Barreto-Baerga was putting the public at risk.

"He ran 13 red lights, [did] six wheelies on public roadways, drove on the grass, sidewalks, next to pedestrians, drove in the opposite lane of traffic five times, drove recklessly around civilizations more than eight times," he added.

He was then followed from the air to a Wawa gas station off of Central Florida Parkway where deputies attempted to detain him, he said.

Video shows an apparent struggle between deputies and Barreto-Baerga, followed by a sudden explosion of fire. Barreto-Baerga suffered burns to 75% of his body, according to his attorney, and three deputies were also burned. Two had minor injuries and were released. A third deputy suffered third-degree burns and remains hospitalized.

Sheriff Lopez on Thursday showed the previously released surveillance video and went step-by-step through his deputies' actions at the Wawa.

He said deputies attempted to detain Barreto-Baerga, who was fueling his dirt bike. A deputy yelled for someone to turn off the pump and acknowledged there was gas. Another deputy attempted to use his Taser on Barreto-Baerga, which had no effect. At some point, Deputy Crawford picked up the Taser, warned Barreto-Baerga he was going to use it, and then the fire quickly ignited.

"Deputy Crawford was aware there was gas in the direct and immediate area. We know this because he says on bodycam, ‘Kill the pump! Kill the pump! Gas!’" Sheriff Lopez explained. "After that statement, he picked up the discarded Taser that was located in gas and says, ‘You’re about to get Tased dude!' Immediately after that statement with the Taser in his hand, the fire ignites."

Lopez said the charge was recommended because the deputy's actions were "reckless" and disregarded human life. He said Deputy Crawford should never have used a Taser at a gas station.

Barreto-Baerga's attorney, Mark NeJame, has denied that his 26-year-old client had a gun on him and said he was on his way home. At a press conference on Wednesday, he demanded the Florida Department of Law Enforcement open an investigation. (NeJame is also representing the family of a man who was shot and killed by Osceola County deputies outside a Target store in Kissimmee.)

"Never had a gun that day. Never brandished a gun. But yet is being vilified while he’s laying pretty much skinless in a hospital bed fighting for his life," NeJame told reporters Wednesday.

NeJame said Osceola County sheriff's deputies should not have gone into Orange County to pursue Barreto-Baerga, and he also claims deputies failed to get Barreto-Baerga help immediately after the incident. Prior to the Osceola County Sheriff's Office's news conference, NeJame said any charge against Barreto-Baerga was unjustified.
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