Ardit Coma, the Flagler County Sheriff’s detective arrested on and later cleared of a charge of fleeing and eluding by Ormond Beach police in December, is suing the sergeant who arrested him and the city, alleging false arrest and seeking unspecified damages.
Coma argues that Sgt. Caleb Braun had no probable cause to arrest him for what was at most a speeding violation, which Coma paid and for which he was disciplined by the Sheriff’s Office. Coma also argues that Ormond Beach customarily allows its police officers to escalate routine traffic stops into felony arrests, and that its officers are not properly trained regarding probable cause in such arrests.
Anthony Sabatini, the controversial former Florida House member and Mount Dora attorney who is litigating several high-profile cases in the region, filed the federal lawsuit in the Middle District of Florida on Wednesday.
The incident took place last Dec. 4 on U.S. 1 northbound as Coma, who lives in Ormond Beach, was driving to work in Bunnell in his department-issued car. He was speeding. The initial Ormond Beach police arrest report states he did not immediately comply (Coma was listening to music and had not seen the cop car behind him) but eventually did, “without evasive maneuvers, without increasing speed to escape,” the lawsuit states.
There is no mention in the lawsuit of the stop sticks police deployed to stop him, or that when Coma saw the stop sticks, he stopped thinking he could assist police in whatever was happening there, unaware that the stop sticks were for him.
A body-cam video shows an Ormond Beach police officer, his gun drawn and pointed in Coma’s direction, screaming at Coma: “Put your hands up! Put your hands out the window now!” as several patrol cars pull up abruptly. It then shows Coma walking backward with his hands on his head, complying with the order to get on his knees, and getting handcuffed. As an officer removes Coma’s gun from his waist, the officer is heard saying, “dummy.”
“What is going on?” Coma asks.
“You’re under arrest, that’s what’s going on,” the officer tells him.
“For what?”
“Fleeing and eluding,” the officer tells him.
“Fleeing and eluding? When did that happen,” Coma says, disbelieving.
When one of the officers tells another that Coma is a “Flagler deputy,” the officer says: “OK. Well, he’s under arrest today.” The other officer moments later says of Coma: “I know him very, very well, actually. He’s a good dude. I don’t know what this is about.” That officer was taken off the case and Coma moved to the car of an officer who did not know him.
“I don’t know why he put me in that situation,” the arresting officer says of Coma. “He put me in this situation. That’s irritating. He didn’t put his lights on or nothin’.” The officers and some Volusia County Sheriff’s deputies remain for a while at the scene, waiting for contact with Flagler County Sheriff’s personnel. Braun then reads Coma his Miranda rights, right after Coma asks him, “how are you?” Braun described to him how he determined that Coma was fleeing.
“I did not notice you at all,” Coma tells him, blaming the tinted windows and the morning dew. “I’ve been pulled over by you guys before, I’d stop.” Braun tells him there’s no way he didn’t hear the sirens or see the lights. Coma apologized twice. The conversation was over. Flagler Sheriff’s Chief of Staff Mark Strobridge later appears, gets a rundown of the incident from Braun, who tells him that the pursuit lasted 1.9 miles, and claims Coma’s personal effects, shield and weapon.
“Sorry you guys have to go through this,” Strobridge said, telling the officers he just wants them to be able to do their job. At the time, Strobridge had not looked at the evidence.
Four days later, the State Attorney’s Office dropped the charge. It is unlikely that a civilian’s case would have been dismissed that swiftly, or that favorably for the civilian. The speeding violation–going 88 in a 55–stuck. Less than a week later Coma, 28, was disciplined internally for speeding: two days’ suspension without pay, which he had already served, and no vehicle take-home privileges for 90 days. Ormond Police Chief Jesse Godfrey defended the arrest, saying it was carried out “in good faith and based his decisions on the totality of the circumstances observed at the time.”
The lawsuit states Coma “was detained for a period of time, booked in jail, incurred costs, and suffered emotional distress, reputational harm, and economic losses,” and that Braun’s determination of fleeing and eluding was “unreasonable.”
Accusing the city of frequently allowing such escalations, the lawsuit states that “The foregoing policy, custom or practice was known to the City or was so pervasive as to constitute constructive knowledge, and it was a moving force behind the unlawful arrest of” Coma. The suit charges false arrest by Braun and seeks damages from him while pursuing liability from Ormond Beach.
Sonny says
What a crock by Flagler Co officer!
Stan says
Flagler must be oh so very proud of their Sheriff and Deputy.
Going 88 in a 55 zone and not pulling over for police must obviously be permitted in Flagler County.
CPFL says
What a crock of sheeot from a real ahole!
This will set a standard for the Coma defense in fleeing and eluding charges. I did not hear the siren, I did not see the lights…it was tint, dew, sun in my yes, pigs flying.
Jim says
Sheriff Staly, I’d like to think that any police officer on your payroll would show common sense and the ability to reason in order to be on the force.
I guess I’m wrong.
This idiot (Ardit Coma) was doing 88 in a 55. From what has been published, he was late for work. After finally being stopped, he claims he didn’t know he was being chased and the tint on his windows kept him from seeing the lights. I just read that Florida law allows police cars to have tint exceeding the legal requirements. I always thought the law was in place to assure that the driver had proper vision at all times. But now I know that if you are a cop and if you are speeding and your windows are so dark you can’t even see police lights behind you, that’s okay. Talk about one law for citizens and another for cops….
Personally, I really hope I never have a run-in with this cop. I don’t trust him and I haven’t even met him. From this incident, it’s clear he has poor judgement and a crappy attitude. He’s the one who broke the law. The Ormond cops were just doing their job as most of us would expect. Now he wants what? Money? I’m sure that’s his goal. Break the law, act like an immature person (late and speeding) and, yet, publicly demand “redress” for what? Being inconvenienced?
I have a lot of respect for the Flagler County Sheriff’s Office and I’ve been of the opinion that these officers are well-trained and don’t act like cowboys (or ICE) while doing their jobs. But, with the one cop who shot at his neighbor’s house while target shooting (and also lied about his son in his trial for hitting pedestrians and then driving away) and this guy, Ardit Coma, I have to say I’m going to have to be a little more skeptical of these officers if, God forbid, I’m caught speeding or double-parked or slow-rolling a Stop sign or some other violation of the laws (the ones that apply to citizens).
I’m glad he didn’t hit anyone. Then we’d be reading about how he got away with that as well.
C says
He has that “victim” mentality
JimboXYZ says
Here’s the transcript of Dec 4th summarized in the arrest affidavit document. Just too many other officer’s involved for this to be a fabrication for the account.
https://flaglerlive.com/wp-content/uploads/arrest-record.pdf
speedy gonzales says
Dude – Coma – they deployed stop sticks for your asss – that’s how fast you where traveling – put on the jump suit. Orange, or black and white striped (Whatever ormond uses) will suit you well man. When you get out, you can abide by the speed limit like EVERYONE else.
Mark says
“I did not notice you at all,” Coma tells him, blaming the tinted windows and the morning dew. “I’ve been pulled over by you guys before, I’d stop.”
How many times has this deputy been pulled over before? When does the Sheriff’s Office wake up to a bad deputy, is it going to take him speeding again and causing an accident or worse? Should all deputies really be taking vehicles home, added expense to the taxpayers let alone lawsuits.
skibum says
This is what happens when an officer of the law who is apparently incapable of observing that he is being pursued by other officers is then given a pass and favorable treatment that other drivers who when doing the same thing would not be afforded such leniency. As a retired law enforcement officer, I am shocked and dismayed that this deputy, who was given the responsibility of a detective in the sheriff’s office no less, used such poor judgement and non-existent observation skills while flying down the road on his way to work, going nearly 90 mph for no reason whatsoever! And then, after Ormond Beach PD had to put out stop sticks, this brainiac detective still couldn’t arrange the brain cells between his ears to conclude that it was HIM they were chasing. Absolutely astonishing!
Yeah, attorney nitwit, go ahead and file this asinine federal law suit so even MORE people with actual common sense instead of marbles can see what a dumbass your client really is! I hope the sheriff is proud of the slap on the wrist that was rewarded in return with a moneymaking lawsuit. Brilliant, all the way around… wow!
great example says
Wow ….
This guy is a real winner !
Put his bust in Slick Rick Staley’s trophy case with all the other shady characters he covers up for
JF says
You have got to be kidding me! I was pulled over by this asshole for doing 53mph on Belle Terre and issued a traffic violation. No break at all. Sheriff you sir need t find yourself a new place to work as do many of your deputies! Your name does not belong on on the Sheriffs Office building whatsoever. I wish to god that the Florida Department Of Law Enforcement does an independent investigation on you personally as well as your entire agency. Your agency is the laughing stalk of other Sheriffs offices and Police Departments near and far!!!!
Atwp says
Speeding and arrested. You file suit for false arrest. Would like to see the conclusion of this case. Wow!
Laurel says
You might be disappointed. Today, law suits are very often used as means of harassment and receiving money. Look at our President. People fear him because he will sue over anything. People know this and, if you will, follow suit.
Bill Boots says
I have never liked window tinting from a safety and security standpoint, I firmly believe they restrict public safety by limiting visibilty, from the security aspect, I am very concerned what the driver operating vehicle next to me is doing, distracted by phone, radio or pointing a gun at me. I also question by what matrix are police allowed pitch black windows when John Q Public is fined for mild tinting?
Dave says
Easy now. Comments like this are going to make it much harder for myself and all others with legal window tint to scroll Instagram, turn radio dials, do our taxes and randomly point guns at strangers while operating our vehicles. You’re boots are stepping on our rights, man!
Bill Boots says
LOL
Robjr says
It is as if this man’s attorney has sold him a snow job.
If he is not smart enough to figure that out then he should not be
carrying a gun and badge.
Shark says
He has a history of being stopped for speeding. Why hasn’t he lost his driving privileges. Should have charged him with reckless driving.
Paul says
Many many people have been beat up by the police for way less like in Toms River New Jersey refusing the breath test got my ass kicked officer stahl 1987 I believe comes with internal bleeding but I was really drunk then so I guess I deserve being beat almost to death for refusing the breathalyzer but he was a big a******
Billy B says
Maybe he was in a COMA !!!!
Koyote says
To paraphrase Dickens (apology in advance :) ….
Are there no Prisons? …
Are there no WorkHouses? …
Are there no DASHCAMS?