Inmate beaten in Florida prison seeks justice after state drops charges against former officers
Otis Miller calls the court and prison system "unjust."
He now doubts the officers fired and charged following his beating in July 2019 at the Lake Correctional Institution will ever be punished.
Last October, the state formally dropped the charges against the officers.
It all began on July 8, 2019, at the facility in Clermont, Lake County. Miller says he was walking across the yard, when officers, believing he had contraband, tried to question him.
He told WESH 2 Investigates during an interview behind bars that he had cigarettes and didn’t want to get caught, so he ran.
When officers caught up to him, the confrontation escalated.
From a prison window, another inmate who had obtained a contraband cell phone, recorded video of what appeared to be more than half a dozen officers kicking and beating Miller while he rolled around on the ground.
Another inmate commented on the video, "This is why we are in fear of our lives. This is why we are in fear of our life."
The video was later posted online.
"They just kept on beating and beating and beating and beating and beating. And you see somebody keep punching me, like, and punching, punching, punching," Miller said.
Again on the cell phone video, an inmate is heard saying, "They say that he is resisting but he is not resisting at all. They're going to kill him, they're going to kill him."
WESH 2 asked Miller if he thought he would survive.
"No sir. I thought – I thought I was going to die that day. Honestly, I thought I was going to die," Miller said.
Miller says he was beaten after he was pepper sprayed, put in a choke hold and restrained.
Once secured by officers, they put Miller in a wheelchair, placed him in a shower stall, though he could not stand on his own, and ordered him to clean up.
They then took him to a hospital where he spent three days in treatment.
He says he suffered broken ribs, cuts and bruises, though none of the officers admitted to using excessive force to restrain Miller.
Captain Milton Gass was later questioned by an investigator who said on an audio recording.
"The inmate has three lumps in his face. Somebody punched him three times in the face at a minimum," an investigator said.
"Sir, I didn't see anybody punch him in the face," Gass said.
When Officer Hunter Lingo was questioned about his involvement, he said, "I know, as written in my report, I, you know, administered distractionary (sic) strikes trying to get the inmate's arms from underneath his body."
Gass, Lingo, and officers Joshua Petersilge and Ian Gretka were all fired and charged with felonies in connection with the beating.
Gretka was charged with aggravated battery and malicious battery.
The other three were charged with being principals to the beating, and Gass was also charged with perjury by not truthfully relating what happened.
But the four former corrections officers are no longer facing trial.
Prosecutors say it would not be possible to explain to a jury which officer inflicted what kind of harm on Miller.
The Circuit Five State Attorney Lake County division concluded the case could not be proven given the "lack of evidence and conflicts in the admissible evidence."
"There were a lot of problems with this case," said Richard Hornsby a WESH 2 legal expert and attorney.
He agrees with the prosecutor that this would have been challenging to prove in court.
But Hornsby also says the state had an obligation to bring the case to trial and let a jury decide.
"It's indisputable that he was brutally beaten by somebody. And the question is if you are not going to try these cases, it sends a message to correctional units that they can continue to cover things up," Hornsby said.
"It's just unjust. It happens all the time. They got away with what they did," Miller said.
He believes the decision not to prosecute the criminal case makes no sense given that he sued the Florida Department of Corrections and, according to federal court records, the two sides "settled the case."
Miller says the Florida Department of Corrections paid him $125,000.
He's hoping to use this beating case and the civil court settlement to try and win early release on a cocaine trafficking conviction incarcerated since 2002 with a release date of 2038.
Why talk to WESH 2 Investigates about any of this?
Miller says he has family and friends, like most of his fellow inmates, that care about their safety behind bars.
"I just want to speak up for the people that went through the same thing that I went through, because family members need to know to check on their family members that are incarcerated," Miller said.
WESH 2 News reached out to the attorneys of the former corrections officers to request interviews or comments.
We did not hear back.
The Florida Department Of Corrections told WESH 2 Investigates none of the officers fought their terminations and have not reapplied for jobs with the department since the charges were dropped.