Lawyer for woman allegedly beaten by former officer asks for different special prosecutor

JACKSONVILLE, Fla. — The State Attorney's Office, the Undersheriff and a private attorney are all speaking out about newly released video. It shows several officers handling a woman at the Duval County Jail.

This is the same woman seen on video being punched by a former JSO Officer in the jail intake area earlier the same day.

A Disposition Statement released by the State Attorney’s Office states a female officer was frisking Myra Martinez, asking her to remove her belly button ring.

The statement claims Martinez started acting frantically and cussing, pulling her shirt off; that’s when the female officer attempted to restrain her.

Seconds later, three other officers walked in. One officer also tried to restrain her, but the video shows minutes after the altercation, an officer is holding up what appears to be Martinez’s underwear.

“She’s the victim in that case. That’s extremely significant,” said John Phillips, Martinez’s Attorney.

Phillips said the video happened after the incident inside the JSO sallyport, where former officer Akinyemi Borisade attacked Martinez after she kicked him.

Thursday, the State Attorney’s Office said they will not be charging Borisade with felony charges. Phillips said he’s pursuing other options.

“We are asking for a special prosecutor to take over this case,” said Phillips.

“I could've handled it differently. I feel like either way it would’ve looked bad because I'm a guy and she's a girl,” Borisade said on a video of his interview with police.

Full of emotion and tears in his eyes, for the very first time, we’re hearing from the former JSO officer.

Action News Jax obtained video of that interview with police after his arrest for battery. Borisade explained his first interaction with Martinez after she was fired from her at Scores.

Borisade said they arrested her after she ignored multiple demands to leave.

“She yells. She charges towards me. And that's when I put my hands on her shoulders right here and got her back to the wall where the door is. And that's when the incident took place as far as her kicking me. If I would have took her down to the ground, she would have landed on her hands. She wouldn't have been able to catch herself. She would have landed on her face. And that have looked really bad on camera, just like what I did looks bad on camera. I feel like if I had walked away, she would've thought that it was okay to attack another officer. And then it's my fault,” said Borisade.

At 4 p.m. Thursday, JSO released a statement regarding the video released by Phillips:

"Although a private attorney, representing the defendant Martinez, has chosen to release materials obtained through the discovery process as part of his public defense campaign, this agency will honor the public records law that exempts us from releasing that video, as it is not public record and releasable by this agency. (F.S. 281.301)

Our agency investigation has focused on the actions of our personnel involved in the arrest and booking of Ms. Martinez. Officer Borisade was arrested and terminated by JSO when his actions were reported to supervisors and the video reviewed by the Sheriff and me, that same day.

The JSO investigation has also looked at the remainder of the booking process, and no criminal wrongdoing by any employee has been found to have occurred. Currently the administrative investigation is underway, which focuses on any policy violations. When that portion is completed, the full findings of our internal investigation will be released."

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