Deputy will not be charged; Body cam video of Escambia County in-custody death is released

The sheriff's office released the body cam video Friday of May's in-custody death in Escambia County, announcing a former deputy involved will not be charged.

It happened on the afternoon of May 20 at Beverley Pkwy. and W Street near the Brent Raiders football field. Frank Lugo, 50, died in the incident.

Three deputies were put on administrative leave following the incident. One of the deputies, Leonard Carpenter III, then resigned days later amid the state's investigation.

According to the sheriff's office on Friday, the Medical Examiner determined that Lugo experienced positional asphyxia, ingested a "toxic quantity of methamphetamines" and was "predisposed to physical morbidity factors."

"The State Attorney has found that there is no evidence that the deputies were criminally negligent," the sheriff's office release states. "She found the deputies did not deliberately deny nor were they grossly indifferent to providing medical care."

Deputies claimed in their initial report that Lugo was erratic and incoherent. Sheriff Simmons revealed days later how Lugo ended up handcuffed, face down on the floor of the patrol car.

WEAR News talked to Lugo's family several times in the past few months as the state finished its investigation, calling for justice for Frank and punishment for the deputy.

"As Sheriff Simmons previously stated, the actions of the initial-responding/lead deputy did not rise to the level of Sheriff’s Office expectations," Friday's release states. "Accordingly, the Sheriff took immediate action in separating that deputy from the agency. The Sheriff also placed the two other deputies on administrative leave and then transitioned them to an administrative assignment pending the outside investigation."

An Escambia County Sheriff’s Office Internal Affairs investigation into the incident is now being conducted to determine whether there were any violations of Sheriff’s Office rules or regulations. The two deputies will remain on administrative assignment in the meantime.

“I expect our deputies to serve the community with a level of common sense and decency," the release states. "We have a duty to care for those in our custody and those that we engage with. While Deputy Carpenter’s actions were not criminal, he did not meet our standards and was immediately relieved of his duty as a deputy with the Escambia County Sheriff’s Office.”