Preliminary Expert Witness Report

On March 2, 2013 Clay County Sheriff deputies responded to a complaint at a local motel located

at 1656 Wells Rd. in Orange Park, Florida. Witnesses reported a young white male behaving

strangely. The man was later identified as 19-year-old Daniel Linsinbigler Jr. According to police

reports Linsinbigler was under the influence of a drug or other substances. Linsinbigler was

arrested for indecent exposure and trespassing. After he was taken into custody Linsinbigler's

father, Daniel Linsinbigler Sr. repeatedly checked with the Clay County Sheriff's office on his

son's welfare. Daniel Jr. had been suffering from a health condition and he needed care. His father

provided information about his son's health to Clay County jail staff.

On March 12, 2013 Daniel Linsinbigler senior called the Clay County Sheriff's office to check on

his son. Daniel Senior was told that his son died in police custody the morning of his phone call.

The sheriff department's explanation for Daniel's death implied that deputies had nothing to do

with Daniel being found strapped in a chair unconscious. The Sheriff's account released to the

media would give any reasonable person the impression that Daniel died from natural causes. The

only role the deputies play according to the sheriff is when they discovered Daniel Linsinbigler’s

body during a welfare check.

Under properly maintained conditions no one should ever die in police custody. The Clay County

Sheriff Department's story about how Daniel died is incomplete and it is not supported by any law

enforcement standards related to the care of inmates. Deputies and police officers are trained to

control combative prisoners and inmates. In rare instances force is required inside of jail facilities

to maintain order. However, some law enforcement agencies regularly cross the line, using force

for punishment. The Linsinbigler family was told that Daniel had been strapped in a restraint chair

to constrict his movements. According to the Sheriff's office a deputy doing regular welfare

checks found Daniel unconscious.

The Sheriff's explanation raises an important question. How could someone die by being strapped

in a chair? We believe that the Sheriff's response leaves out facts that might make this

explanation plausible. PoliceAbuse.com believes that there is more to this story. We do not

believe that a deputy stumbled upon Daniel Linsinbigler unconscious. Moreover, Linsinbigler did

not die of natural causes. Linsinbigler's father told PoliceAbuse.com that he believes his son was

murdered. Our review of the evidence thus far leads us to believe that this jail death appears to be

the unlawful taking of a person's life. The killing of Daniel Linsinbigler appears to fall outside of

the state law for excusable homicide. The Florida statute reads as follows: 782.03 Excusable

homicide.--Homicide is excusable when committed by accident and misfortune in doing any lawful

act by lawful means with usual ordinary caution, and without any unlawful intent, or by accident

and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a

sudden combat, without any dangerous weapon being used and not done in a cruel or unusual

manner.

What really happened to Daniel Linsinbigler?

Inmates in solitary confinement who witnessed the homicide have filled in a portion of the missing

pieces that may explain Daniel's death. In a recorded phone call an inmate' family member

describes what he was told about the homicide. According to the witness Daniel was not just

strapped in a chair and left alone until he was checked by deputies. The witness reports that

Daniel was taken out of a nearby cell and placed in the hallway. According to the witness Daniel

repeatedly begged for his life. A female corrections officer is heard laughing as Daniel had a hood

or a bag placed over his head while he was still restrained. The witness reports that the deputies

sprayed the interior of the bag with pepper spray before placing it over Daniel's head.

Was this a reasonable use of police force?

PoliceAbuse.com is investigating the evidence in the Daniel Linsinbigler homicide. It is our

opinion that international policing standards do not support the conduct described in the sheriffs

released account of the Linsinbigler homicide. Police officers and correctional officers are

allowed to use force only to protect themselves or other inmates from harm. Force may also be

used to control a resistant inmate and to return a combative prisoner to confinement. Based on

the evidence we have reviewed it does not appear that Daniel Linsinbigler Jr. falls into either of

these categories. Daniel was already in solitary confinement when the deputies removed him from

his cell because "he was making too much noise." According to the witness Linsinbigler

repeatedly begged for his life as deputies placed a bag over his head that may have been laced

with chemical pepper spray or Mace. Pepper spray and Mace are 2 of the most abused weapons in

the arsenal used by the police for officer safety. Frequently these chemical substances are used

for punishment and malicious purposes. There is no condition within the training of law

enforcement officers where pepper spraying a bag or hood and placing it over a prisoner's head

would be allowed. If PoliceAbuse.com is called to testify in this case we will report our expert

opinions to the court. It is the opinion of experts at PoliceAbuse.com that there is no legitimate

reason for the use of force against Daniel Linsinbigler as described in all publicly available

reports to date. Even if pepper spray were not used it would still be inappropriate to place a bag or

other item over the head of an inmate confined in the manner described by the Sheriff's office.

If Daniel Linsinbigler Jr. had been found guilty of trespass and indecent exposure under Florida's

misdemeanor statutes he could not be sentenced to more than one year in jail. Daniel Linsinbigler

Jr. died just a few days after arriving at the Clay County jail. We do not know what made the Clay

County deputies engage in conduct resulting in Daniel's death. Regardless of their motives, it is

our opinion that the extremely dangerous behavior (torture) described by witnesses could not be

an isolated event. PoliceAbuse.com has requested copies of all inmate complaints registered with

the Clay County Sheriff's office over the past 18 months. We are also investigating Clay County

with private investigators trained in police misconduct. Our investigators will be monitoring the

conduct of Clay County deputies over the next several months