Charge Dismissed Against Legally Blind Man Arrested for “Resisting”

JUSTICE has quickly arrived for Jim Hodges, who was arrested on October 31 for “resisting an officer” when his walking cane was mistaken for a pistol by Deputy Jayme Gohde.

In the wake of the viral video clearly showing that Hodges had not done anything deserving of arrest, the single misdemeanor charge of “resisting an officer without violence” has been dismissed by John Durrett, the State Attorney of the Third Judicial Circuit of Florida.

Legally Blind Man Arrested for Refusing to Show ID After Cane Mistaken for Weapon

No word yet on whether Mr. Hodges will file a lawsuit for the violation of his civil rights by Deputy Jayme Lee Gohde and her supervisor Sgt. Randall Harrison.

IN THE COUNTY COURT OF THE THIRD JUDICIAL CIRCUIT, IN AND FOR COLUMBIA COUNTY, FLORIDA.

STATE OF FLORIDA
-vs-
JAMES S. HODGES, Defendant

CASE NO: CO-2022-001978-MM-A

CHARGE: RESISTING AN OFFICER WITHOUT VIOLENCE

This cause came to be heard before the State Attorney of the Third Judicial Circuit of Florida. After having examined all known evidence it is the determination of the undersigned that said cause does not warrant criminal prosecution against the above named Defendant. Therefore, the State Attorney declines to file an Information in said cause and said cause hereby stands dismissed.

Dated November 7, 2022.

OFFICE OF THE STATE ATTORNEY
THIRD JUDICIAL CIRCUIT

173 N.E. HERNANDO AVE, SUITE 420
LAKE CITY, FL. 32055

PHONE: (386) 758-0470

JOHN DURRETT
STATE ATTORNEY
FLORIDA BAR NO. 43754

Copy To: SHERIFF MARK HUNTER
STATE ATTORNEY
MICHAEL SCOTT
WARRANTS
COLUMBIA COUNTY SHERIFF’S OFFICE
CASE#CCSO220FF004558

Filing # 160770661 E-Filed 11/07/2022 01:52:03 PM

ARREST REPORT WRITTEN BY JAYME GOHDE

On October 31, 2022, at approximately 8:08 a.m., I was conducting routine patrol in my fully marked patrol vehicle in the area of Marion Avenue and Duval Street.

While at the stop light at Marion and Duval, I observed a white male enter the crosswalk travelling westbound across Marion Avenue when the traffic control device indicated not to walk. As the man continued through the cross walk, I observed what appeared to be a silver (chrome) pistol with a white grip in his back right pocket.

I stopped the man later identified as James S. Hodges (W/M DOB: XXXXX in front of 131 W Duval Street which was at the other side of the cross walk. As I approached James and attempted to identify what was in his back pocket, James continued to turn away from me. James indicated that the object was a walking stick, however, would not provide a clear view of the object, At that time, Sgt. Harrison also arrived on scene.

I asked James to provide his name and date of birth. James refused, stating I had no reason to request his information. James then listed that I was only allowed to request his identification if he was in the act of committing a crime, about to commit a crime, or had already committed a crime. I again notified James that I was conducting an investigation and requested that he identified himself. James again refused. At that time, James was placed into handcuffs.

I was then able to identify the object in James back right pocked as a folded up walking stick, both silver and white in color was observable as it hung out of his pocket.

Next, asked James where his wallet or identification was located. James stated refused to notify where his identification was located. I then conducted a pat down of James’ person and located his FL I.D. in his front left pocket.

Sgt. Harrison asked James if he was legally blind. James confirmed that he was. Sgt. Harrison then asked James why he wasn’t using his walking stick. James looked up at the sky and indicated that he didn’t need it in daylight. Simultaneously, James advised he used the walking stick this morning as he walked to the court house for jury duty. It should be noted that the weather at the time contact was made with James was extremely overcast and foggy. Vehicles passing by still had headlights turned on.

James was found to be in violation of FL Statute 843.02, by obstructing the ongoing investigation when he repeatedly refused to allow identification of the object in his pocket as well as refusing to identify himself. James was placed under arrest for Resisting without Violence and transported to the Columbia County Detention Facility without incident.

Jayme Lee Gohde, 29, is one of the defendants in an existing lawsuit involving the violation of the civil rights of a 23-year-old man.

dockets.justia.com/docket/florida/flmdce/3:2022cv00545/401814

Bowman v. Hunter et al
Plaintiff: Martinezz Bowman
Defendants: Mark A. Hunter, David Harvey, Jayme Gohde, K-9 Drago and Columbia County Sheriff’s Office

Case Number: 3:2022cv00545
Filed: May 17, 2022
Court: US District Court for the Middle District of Florida

Nature of Suit: Civil Rights
Cause of Action: 28 U.S.C. § 1331 Fed. Question: Civil Rights Violation

843.02 Resisting officer without violence to his or her person.—Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member of the Florida Commission on Offender Review or any administrative aide or supervisor employed by the commission; county probation officer; parole and probation supervisor; personnel or representative of the Department of Law Enforcement; or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

JIM HODGES IS A FREE MAN.