FORT LAUDERDALE, Fla. – A Broward Sheriff’s Office detention deputy will not serve jail time or probation despite being found guilty of repeatedly striking an inmate’s hands and fingers with a flashlight, a judge ruled on Wednesday.
Broward County Judge John D. Fry also withheld adjudication, meaning Officer Delray Rose has not been formally convicted of a crime.
“He’s guilty, but he’s not a bad person,” Fry said.
Rose faced up to 364 days in jail for hitting the victim’s hands with the flashlight more than 40 times in October 2020 at the North Broward Bureau in Pompano Beach.
Rose’s defense attorney said in court that the fact that a misdemeanor battery charge even went to trial is rare and surprising.
Rose also has no prior convictions.
“We had no choice but to go to trial. The state doesn’t offer diversion,” the attorney said.
Rose’s lawyer and the judge highlighted that the deputy showed remorse in his testimony during the trial and video evidence shown during the trial clearly carried weight in the sentencing.
The judge ultimately decided against any length of probation for Rose.
“I understand why it happened,” he said. “I understand it was a bad day for you, but law enforcement has to understand that serving and protecting involves all members of our community.”
According to an arrest report, Rose had seen the then-24-year-old male inmate, whose name was redacted from the report, throwing a cup containing an unknown substance into the vestibule area of the unit.
Deputies said Rose then walked over to the cell door and tried to close the door flap, but the inmate maintained a firm grasp on the flap, preventing Rose from closing it.
Authorities said Rose then grabbed his flashlight and repeatedly struck the inmate’s hands and fingers until he was able to close the door flap.