A former Pasco County inmate plans to sue the sheriff’s office for excessive force. The jail house incident was all captured on video.

  • Matthew Trevino, 30, suing Sheriff's Office for August 5, 2015 incident
  • Deputies shot Trevino with "less-lethal" round
  • Trevino's attorney says client was suffering from mental health episode

The situation starts with inmate 30-year-old Matthew Trevino not cooperating during a cell search.

“We’re attempting to do a cell search on inmate Trevino, he’s refused, he's a (inaudible) so we have to search his cell, due to him refusing we’re gonna deploy a Nova Round,” said a deputy on a hand held camera inside the Land O’ Lakes jail.

Trevino is a schizophrenic army veteran who was in jail at the time on a misdemeanor violation probation. The video shows Pasco County corporals demanding Trevino to place his hands through the food chute so they can cuff him.



“Cuff up or we're going to have to use less lethal on you," said a deputy. Trevino ignores them and holds his genitals in the food slot instead.

“He's clearly having a mental health episode," said Trevino’s attorney, Mark Rankin.

After a few more exchanges and Trevino continuing to not comply, the deputy shot Trevino with what is called a Nova Distraction Round, ammunition designed to be a diversion. According to the manufacturer, such ammunition is never to be fired directly at a person.



“[The deputies] claim that he was backed away from the door which is false," said Rankin, talking about the several incident reports written by the deputies who were present. "[T]hey claim that that round ricocheted off the floor and hit Mr. Trevino which is false, and they claim they fired at him from about three feet away which is also false."

“The wound to his leg it spread up into his growing area and into his private area, but it also at the thigh level, where it made direct contact, it penetrates essentially down to the bone," said Lee Pearlman, another attorney representing Trevino.

Trevino now lives out of the state. We spoke to him briefly over the phone.

“I just didn't want to let them in the cell, I was uh seeing hallucinations and stuff I was seeing things," said Trevino.

Trevino says he’s had multiple surgeries but his mental health is an even bigger concern.

“Compared to the pain from the gunshot wound to the paranoia from the authority figure, it's nothing," said Trevino. "I mean it's radical, a radical jump."

Trevino's attorneys said they gave the Pasco Sheriff's Office the required 180 days’ notice back in December. They plan to file the lawsuit early next week.

The sheriff’s office wouldn’t give an interview, but Sheriff Chris Nocco issued this statement:  

"A criminal with a violent history in the jail failed to comply with lawful directions. His actions dictated our reaction."