Holmes Beach police arrested Bradenton-resident Orlando Diaz, 72, and his son, Francisco Diaz-Burgos, 30, Sept. 10 on multiple criminal charges following a struggle during a traffic stop.
Diaz was charged with a third-degree felony for driving with a suspended license after three prior convictions and a first-degree misdemeanor for resisting police without violence.
Diaz-Burgos was charged with four third-degree felonies, including two for battery of a law enforcement officer and two for resisting police with violence, and a first-degree misdemeanor for resisting without violence.
An officer was patrolling around 8 p.m. when he received a ping from the city’s license plate recognition system about a vehicle whose registered owner had a suspended driver’s license.
The officer located the vehicle, conducted a traffic stop and spoke with the driver, Diaz, who said his license was expired. His wife also was in the vehicle.
The officer confirmed Diaz’s identity and found he had been convicted three times for driving with an expired or suspended license.
The officer went back to speak with Diaz and used his son for assistance with translation due to a language barrier.
However, when the officer began to handcuff Diaz, the man became resistant, and Diaz-Burgos got between the two and began pushing the officer away.
The officer drew his Taser and ordered Diaz-Burgos to step back, but his mother got out of the vehicle and pushed him.
The officer finished handcuffing and waited for backup to arrive.
Two more officers arrived, at which point they went to arrest Diaz-Burgos, who complied with orders to exit the vehicle but “immediately raised his hands as if preparing to strike” one of the officers, according to a report.
The officer brought Diaz-Burgos to the ground and tried to gain control.
On the ground, Diaz-Burgos struck the officer’s face, so the officer drew a Taser and, after issuing verbal warnings, “applied several short Taser drive stuns” to Diaz-Burgos’ mid to lower torso.
Manatee County Emergency Medical Services was called to the scene after Diaz experienced “an unknown medical episode” and lost consciousness.
He regained consciousness and was responsive with EMS. They also evaluated Diaz-Burgos.
They were both transported to HCA Florida Blake Hospital in Bradenton, where they were cleared “with no medical concerns.”
The pair were then transported to the Manatee County jail.
Diaz was released Sept. 11 after posting $3,000 bond.
Diaz-Burgos remained in custody as of Sept. 19 under $50,000 bond.
If convicted, punishment for a third-degree felony charge includes up to five years in prison, five years of probation and a fine of up to $5,000.
Punishment for a first-degree misdemeanor includes up to one year in jail, one year of probation and a fine of up to $1,000.
An arraignment for Diaz-Burgos will be at 8:55 a.m. Friday, Nov. 1, and will be followed at 9 a.m. the same day with an arraignment for Diaz.
Both arraignments will be at the Manatee County Judicial Center, 1051 Manatee Ave. W., Bradenton.