State Attorney releases reasons behind dropped charges in cop spitting incident

The State Attorney's office said there was not enough evidence to corroborate Officer James' story. He is at the center of two open investigations.

Charges have been dropped against a man whose interaction with a police officer was caught on cell phone video. A Deposition Statement released Thursday by the State Attorney's Office explains there was not enough evidence to support the officer's version of events.

The defendant, Daniel Nyman, was released from jail Tuesday. Nyman was arrested for battery against a law enforcement officer and resisting arrest by JSO officer Tim James who responded to the April incident at UF Health. 

The video of the confrontation between James and Nyman was sent to First Coast News in April. 

In it, James appears to spit at Nyman. 

According to Officer T. James' account, Nyman spit on him three times first and raised his arms in a way that suggested he was going to hit the officer. James went on to say in a later interview that Nyman's spit and blood entered James' mouth and "James had to spit that out." However, the report from the State Attorney's Office stated that Nyman's charges were dropped because, according to two separate videos, Officer James' account could not be corroborated. 

The State Attorney's findings stated that Nyman had just had recent jaw surgery and spit was collecting in his mouth due to that. No evidence on the videos show that Nyman stopped yelling at the officer at any time in order to spit on him but rather he was likely hit by spittle as Nyman was yelling and the officer got close to Nyman's face.

Additionally, the video does not show that Nyman took a swing at the officer, the statement says. 

The report goes on to detail the resisting that was done by Nyman was likely in response to the force used when the officer took him down to arrest him, as he had just had surgery on his mouth.

Officer T. James has been arrested for allegedly hitting a 17-year-old multiple times while he was handcuffed during an arrest earlier in June.  He is also the same officer involved in an accident that killed a pedestrian crossing the street. Investigations for both incidents are still active at this time. 

The deposition statement says the recent charges against James would have been brought up in Nyman's case if the charges were not dropped. 

© 2017 WTLV-TV


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