An internal investigation conducted by the San Diego County Sheriff’s Department has determined that a deputy used excessive force while attempting to control an inmate at George Bailey Detention Center in Otay Mesa.
In the struggle, two other deputies were injured; the inmate was treated afterward at a local hospital for his wounds.
NBC 7 obtained a copy of the jail security video that captured the struggle between inmate Scott Orbita and three deputies in February 2023. According to the internal investigation, Orbita suffered cuts to his face and head when he was tasered, kicked and had his head slammed on the floor.
Deputies say Orbita refused to return to his cell and instead ran into House Six C Module with Cpl. Ryan Haberzettl in pursuit. Haberzettl and two other deputies forced Orbita to the floor in an attempt to gain control of the inmate, then other deputies arrived to assist
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According to deputies, Orbita refused to comply with commands, hiding his arms under his body to prevent being handcuffed.
During the two-minute struggle that ensued, according to Deputy Haberzettl’s own statements to investigators:
“To stop Orbita from possibly injuring Deputy Mitchell and to have him release his grasp on Deputy Mitchell, I kicked Orbita in the face with my left foot once.
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"To end the struggle and to avoid possible injuries to my partners, I struck Orbita’s head against the floor three times."
According to statements made to internal investigators by the deputies, inmates will often wear layers of fabric to protect themselves during a fight. It goes by fast but if you watch the security video closely, Orbita is seen wearing a makeshift head cover, layered clothing and his hands are wrapped in cloth.
Deputies told investigators he was angry his mattress was taken, that he lost his dog and was about to "act up."
If it was a fight Orbita was after he got one. The inmate surrendered after his head hit the floor.
In part of the internal affairs report's conclusion, Investigating Sgt. Kamon Harris wrote:
“There was a preponderance of evidence that showed the force used by Deputy Haberzettl was unreasonable and excessive.
"Orbita did not demonstrate an imminent threat of causing serious bodily injury or death to anyone."
The case was referred to the San Diego County District Attorney’s office. After doing its own investigation, prosecutors determined the "case has no jury appeal and given the circumstances would be extremely difficult to be provable to a jury beyond a reasonable doubt.”
Despite efforts to speak with both Haberzettl and Orbita , neither were available.
Orbita’s wounds were not life-threatening, but he was treated at a local hospital.
NBC7 reached out to the sheriff’s department about the incident and subsequent investigation. A spokesperson said no one available to discuss it but would make someone available next week.
