Please note that this article contains elements that could potentially be disturbing or triggering to some individuals.
UPDATED: Thursday, Oct. 31, 5:30 p.m.
On Thursday, Holmes Beach Police Chief Bill Tokajer issued a statement regarding the state attorney’s office reviewing the police body camera and dash camera footage of the Sept. 10 arrest and tasing of an autistic man, Francisco Diaz, and the arrest of his father, Orlando Diaz.
“The tape was reviewed by State Attorney Ed Brodsky, and by Cynthia Evers and Dawn Buff, also with the state attorney’s office, who all said the charges were appropriate and the officers appeared to act within policy,” Tokajer stated.
The Sun then contacted Brodsky to confirm Tokajer’s statement. After noting that he cannot speak in great detail regarding a pending case, or cases, Brodsky said, “We determined the actions of the officers were appropriate.”
Speaking in general terms, not specific to any case, Brodsky said, “Typically what happens with a case is law enforcement’s report comes into us with the charges they’ve referred to us. We’ll review those charges then the prosecutor will make a filing decision as to whether to go forward on those charges.”
According to Manatee County court records, the charges filed by the prosecutor currently match the five charges recommended by the Holmes Beach Police Department for Francisco Diaz (including battery on a law enforcement officer) and the two charges recommended for his father, Orlando Diaz (including resisting, obstructing or opposing an officer without violence).
When asked if a person’s medical condition or other mitigating factors factor into a prosecutor’s decision-making when filing a charge, Brodsky said, “In every circumstance, we’re always going to consider all the facts and circumstances and that’s a factor in deciding the charge, whether to charge it, how to charge it and how you ultimately seek to resolve a case.”
(See the original Oct. 29 story below)
HOLMES BEACH – On Sept. 10, Holmes Beach Police Off. Christopher Liotti arrested 72-year-old Bradenton resident Orlando Diaz for driving with a suspended driver’s license. His 30-year-old autistic son, Francisco Diaz, tried to intervene and was later tased and arrested for alleged battery on a law enforcement officer.
Before the local media could get to this story – in part due to two consecutive hurricanes striking Anna Maria Island – a Telemundo news report and another news report from the London-based Daily Mail were shared on Facebook and local, national and international outrage quickly ensued.
On Oct. 28, The Sun spoke with Holmes Beach Police Chief Bill Tokajer about the arrests and the tasing as he reviewed the officers’ body camera videos again.
Later that day, The Sun spoke with Francisco’s Bradenton-based attorney, C.J. Czaia. The Sun also conducted its own review of the 16 body camera videos Tokajer provided.
The arrests
According to the significant incident report filed by Sgt. Joshua Betts, at approximately 10 p.m. that night the police department’s camera-based license place recognition system issued an alert regarding a vehicle traveling through the city potentially being driven by someone with a suspended driver’s license. Liotti then conducted a traffic stop and made contact with the driver, Orlando Diaz, in the plaza parking lot in front of the Dollar Tree store at 3260 East Bay Drive.
According to Liotti’s body camera footage, he then approached the driver’s side of the car. He asked Orlando Diaz to step out of the car, where he was going and whether he spoke English.
“A little,” he responded, noting he was driving someone in the vehicle for work purposes.
Liotti asked if anyone in the car spoke English. Francisco Diaz then exited the passenger door and walked around the front of the car to assist his father.
When Liotti asked Francisco Diaz if he spoke English, he said, “A little.”
Can you ask him if he’s been to court for his driver’s license issues? I already know the answer,” Liotti said.
Orlando Diaz acknowledged he had been to court for the driver’s license suspension.
“Was he found guilty?” Liotti asked.
Diaz acknowledged he had been found guilty.
When Liotti asked Diaz why he had not had his driver’s license renewed for more than 20 years, Francisco’s response was inaudible.
“So, he knows that he’s not supposed to be driving?” Liotti said.
“That’s why he cannot renew,” Francisco Diaz said.
“Has he ever been arrested for this?” Liotti asked.
Orlando Diaz shook his head, indicating he had not.
“Okay. Tell him he’s being arrested today,” Liotti said. “You’ve had multiple chances. You’ve been found guilty three times. You’re going to be arrested today. Turn around and place your hands behind your back.”
“But sir, he has work,” Orlando Diaz said in an apparent reference to his son, who was the only male passenger in the car. Francisco Diaz’ mother also was in the car.
As the tension rose and Orlando Diaz began to verbally protest the arrest, Liotti repeatedly asked Francisco Diaz to ask his father not to make the arrest any more difficult.
The mother then joined the conversation pleading for her husband’s release before returning to the car as directed.
When Liotti placed the first handcuff on Orlando Diaz’ wrist, the man began screaming and wailing.
At that point Franscisco Diaz came toward Liotti and tried to free his father from the officer’s grasp, making contact with Liotti in the process. The mother restrained Francisco and led him back to the car. Liotti then swept Orlando Diaz to the pavement, turned him on his stomach and placed him in handcuffs.
Diaz remained handcuffed on the pavement for several minutes, continuing to loudly scream and cry as he lay there despite no further physical contact. He was not tased and he did not appear to be physically harmed.
With the assistance of another officer, Diaz was brought to his feet and led toward one of the police vehicles to be placed in the back seat.
Liotti then asked Off. Alex Hurt to handcuff Francisco Diaz, cautioning that “he’s going to fight.”
The probable cause affidavit filed by Liotti states, “The defendant had to be physically removed from the vehicle, at which time he began to resist and struggle with officers, eventually striking an officer in the face.”
According to Liotti’s body camera video, Liotti’s dash camera video and Hurt’s 25-second body camera video, Hurt asked Francisco Diaz to step out of the car and turn around. Diaz stepped out of the car and asked “Why?” three times without turning around. Hurt then grabbed Diaz’ left arm and took him to the ground using an arm bar takedown before attempting to handcuff him. During the ensuing struggle, which Liotti joined, Hurt was struck in the face, which Tokajer later said may have been unintentional due to Diaz’ autistic state.
According to Tokajer, Hurt’s body camera stopped working before he tased Diaz. A second 17-minute Hurt’s body camera video shows him later interacting with witnesses and asking them to share copies of their cell phone video footage, to be used as additional evidence.
As the struggle continued, with Francisco Diaz laying on his back, screaming and resisting, Liotti said, “You’re gonna get tased. You’re gonna get tased. Turn around or you’re gonna get tased. Turn over now. Turn around or you’re gonna get tased.”
Using a handheld Taser Stun Drive device that does not utilize probes, Hurt then discharged the Taser approximately 11 times, with some of those discharges apparently not making full contact with Francisco Diaz as he screamed and rolled on the ground, at one point yelling, “That’s no fair.”
After several directives to put his hands behind his back, Diaz said, “Okay,” and complied with the officer’s command.
Francisco Diaz’ mother then approached Liotti and repeatedly said, “Mi hijo has autismo (my son has autism),” as Liotti told her to go back to the car. That was the first time the officers were told he had autism.
After being handcuffed, Francisco Diaz compliantly walked toward a police vehicle and was placed in the back seat.
Liotti also checked on the father, who had been lying on the ground apparently unconscious, but breathing and with a pulse, near the rear door of the police vehicle he resisted getting into.
Sgt. Betts’ body camera footage shows Orlando Diaz slowly collapsing to the ground after he resisted being placed in the police vehicle. Calls were issued for medical assistance and Manatee County EMS and West Manatee Fire Rescue quickly responded.
When one of the paramedics asked Francisco Diaz if he needed medical attention, he said “No, I’m good.”
When speaking to Francisco Diaz a short time later, Liotti said, “Just to let you know, when you tried to fight with us, that’s against the law.”
“That’s my parents. The police always trap everybody like us,” Francisco Diaz replied.
“Your father has been found guilty for driving without a driver’s license. He’s got too many charges, which is why he’s going to be placed in jail,” Liotti said.
“My parents come first man,” Francisco Diaz replied.
“I understand that you want to defend your father and your parents, but you went about it the wrong way. You cannot put your hands on a police officer, which is why you’re now going to jail tonight,” Liotti said.
With the assistance of a Spanish-speaking bystander, Liotti explained to the mother what was happening.
“Her husband is going to jail for the driving violations. Her son is going to jail for striking me,” he said.
“He’s autismo,” the mother said.
“It doesn’t matter. He knows what he was doing,” Liotti said, noting Francisco Diaz cursed at him and tried to fight him. “That’s why he’s going to jail.”
When the mother said Francisco Diaz was trying to protect his father, Liotti said, “That doesn’t make it okay.”
Orlando Diaz was placed on a gurney and transported to the hospital for examination before being transported to the Manatee County Jail. According to Tokajer, Francisco Diaz was also taken to the hospital and examined before being transported to the county jail.
As these chaotic scenes unfolded in the plaza parking lot, several spectators videotaped the incident on their phones. The officers never asked them to stop.
The following day bail was posted for Orlando. He was released on two bonds totaling $3,000 for driving with a license canceled, suspended or revoked after prior conviction and resisting, obstructing or opposing an officer without violence.
According to court records, Orlando Diaz has received at least five citations for driving with a suspended or expired driver’s license since 2018, including one in Holmes Beach that year.
Francisco Diaz remained in jail until Oct. 3 or 4, when he was released on five $10,000 bonds totaling $50,000. He is currently charged with two third degree felony counts of battery on a law enforcement officer, two third degree felony counts of resisting an officer with violence and one first degree misdemeanor count of resisting an officer without violence. According to court records, this is Francisco Diaz’ first arrest in Manatee County.
Chief’s response
While reviewing the most significant body camera footage with The Sun on Oct. 28, Tokajer addressed the events of Sept. 10.
He began by saying he incorrectly told a Telemundo reporter that Francisco Diaz attempted to kick the officer when he first exited the family’s car. Tokajer said Diaz did not attempt to kick an officer and that was something he confused with another arrest that happened within that same week.
When reviewing Liotti’s body camera footage, Tokajer noted Francisco Diaz was calm and helpful until the first handcuff was placed on his father.
“The officer was making a lawful arrest of the father, then the son pushed the officer and interfered with the lawful arrest,” Tokajer said, noting Orlando Diaz was not injured while being taken to the ground and handcuffed.
When watching the footage of Francisco Diaz getting tased, Tokajer said, “As soon as they got his hands behind his back, they de-escalated the situation.”
He also noted the man’s autism was not mentioned until the tasing occurred.
“Had the family, at the beginning of the interaction, told the officer their son was autistic, things might have gone differently. The officers had no knowledge that he was autistic. What got him agitated was his mom and dad screaming and getting agitated. That is what triggered his reaction,” Tokajer, said, based on his recent conversations with an autism specialist.
Tokajer said his officers will now receive training on how to recognize autism and interact with autistic people.
When asked if it’s standard procedure to arrest someone for driving with a suspended or expired license, Tokajer said, “It’s at the officer’s discretion. The officer was able to look up the driver’s record and see that he had several citations for driving with his license suspended. Giving him a ticket was not getting the desired effect of getting him to comply to go get his license. I think he was justified in doing so. And keep in mind, he’s been driving on a suspended license for over 20 years. And if you don’t have a driver’s license, the chances are you’re also not insured.”
When asked if he feels Francisco Diaz’ arrest was justified, Tokajer said, “The son interfered with a lawful arrest. Had the officers been aware that he had autism they might have looked at it differently, but that was not told to them until after they made contact with him.”
When asked if he feels Francisco Diaz’ tasing was justified, Tokajer said, “The drive stun is a useful tool to get compliance. The officers did not strike him. They did not kick him. They were merely trying to get him to comply so they could affect the arrest.”
“Although the optics with the drive stun seems to some to be wrong, it is a tool that’s used to lessen the chance of injury to the arrestee rather than using physical force such as strikes, blows, kicks, a baton or pepper spray. And the officers’ firearms were never in play,” Tokajer said.
He noted there was one Holmes Beach tasing in 2020, none in 2021 and one each in 2022 and 2023.
“That’s not a pattern of abuse,” he added.
Tokajer said there is currently no formal internal or external investigation taking place, but Lt. Brian Hall is conducting an extensive review of the officers’ body cameras, dashboard cameras and in-car cameras. The three officers remain on active duty pending the results of Hall’s video review.
When asked if Francisco’s charges might be reduced because of his autism, Tokajer said, “We do the initial charges and then it’s up to the state attorney’s office to review it to see if that’s a mitigating factor that warrants a lesser charge or no charge. That is not something we will oppose.”
Attorney’s response
When contacted late Monday afternoon, attorney C.J. Czaia noted he is representing Francisco Diaz but he is not representing his father.
Czaia said he watched the video footage broadcast by Telemundo and some of the phone videos taken shot by bystanders, but he had not yet obtained or viewed the police officers’ body camera and dashboard camera footage.
Czaia acknowledged the incident would not have happened in the first place had Orlando Diaz not been driving with a suspended license, but he questions why the two men were arrested, why Francisco Diaz was tased, and why it took so long to get him out of jail.
“When people ask me if someone’s guilty, I say I don’t know until I work the case and look at everything, including why the stop occurred and why the officer was upset. If the kid did commit a crime, did the officers overdo it? Right now, I don’t know,” Czaia said.
“Until we look at all the evidence and depose the officers, it’s very hard to judge what really happened. But this kid was in jail for three weeks and could not get a hearing to get a bond reduction or explain his situation. That I do know for a fact. And I do think there’s a problem with how law enforcement handles people with autism and Aspergers,” he added.
“The big question to me, regarding Francisco’s autism, is why do you have to put this young man in a jail full of bad people? I really have an issue with that. This kid was in jail for three weeks,” Czaia said.
Czaia said a “good Samaritan” who has a family member, or family members, with autism, put up Francisco Diaz’ bail bond money.
Regarding the intense scrutiny this case has already generated on social media, Czaia said, “The Latin community is up in arms. They’re upset, and maybe it has to do with what’s happening around us on TV and the politics of the moment. This is a very sensitive time for this community and the optics don’t look good. The father is a mild-mannered man. He’s not a threat to anybody and his family can’t function without him.”
Regarding Orlando Diaz’ arrest, Czaia said, “It’s at their discretion if the stop is legal and legitimate. He’s not a criminal and in 15 other states, undocumented people have the right to get a driver’s license. This state is not one of them, and I often tell people to go to a state where you can drive legally because you have to drive. I don’t represent his dad, but Francisco has DACA (Deferred Action for Childhood Arrivals) status and if they convict him that could affect his status here,” Czaia said.
Czaia said he’s known and respected Tokajer for a long time.
“I have fond memories of him working at the Bradenton Police Department and I told the family and Telemundo that he’s a straight-up guy,” Czaia said.
Czaia said he would have more to say about the case once he’s reviewed the police department videos and has a better understanding of what actually happened.
- Please note that the videos linked below contain content that could be disturbing or triggering for some individuals and should be watched at your own discretion. Videos have been edited for length and file size. Due to size, all videos link to Facebook.
Officer Chris Liotti’s body camera
Officer Chris Liotti’s dash camera
Officer Alex Hurt’s body camera
Sgt. Joshua Betts’ body camera
