Kevin Robinson

krobinson4@pnj.com

UPDATE: This story has been updated to reflect new information that the former deputy is accused of sending the alleged victim a photo of a cake along with a text message stating he baked it for her and wanted to give it to her.

A local woman has filed a civil lawsuit against a former Escambia County deputy who allegedly discharged a stun gun into her chest and neck without provocation, tried to cover up the incident, then apologized by sending her a photo of an off-color cake.

The suit, filed in federal court by Stephanie Byron in May, also names Sheriff David Morgan in his official capacity as sheriff. The suit alleges Michael Wohlers used excessive force against Byron, violated her civil rights, committed battery against her and caused her hardships, including physical injuries, monetary loss, medical expenses, humiliation and mental anguish.

Ex-deputy disciplined for tasing over sweet tea

Wohlers' attorney denied the allegations in a written response to Byron's complaint.

The incident allegedly occurred in June 2015, when Wohlers finished his patrol shift and stopped to visit Byron at an apartment complex where she was employed. Documents from the Sheriff's Office and the Criminal Justice Standards and Training Commission say Wohlers discharged his stun gun during "horseplay" with Byron, but Byron and her attorney said Wednesday there was no "play" involved in the incident.

The suit alleges when Wohlers arrived at the apartment complex, he "used his apparent law enforcement authority to intimidate, harass, and threaten plaintiff ... about her personal life. Because Wohlers did not like how Plaintiff failed to respond to his show of authority, Wohlers became increasingly aggressive toward employees at the apartment complex’s office, including with Ms. Byron."

The complaint claims Wohlers took Byron's sweet tea from her and refused to give it back. When Byron approached Wohlers to retrieve the drink, he allegedly discharged the stun gun into her chest and throat. The complaint also alleges when Byron fell to the ground, Wohlers "jumped onto Ms. Byron, kneeing her in the chest" and "forcefully removed the Taser prods."

Escambia County deputy cleared in strip club fatality

According to court documents, Wohlers later attempted to apologize to Byron by baking her a cake. Byron's attorney, Alistair McKenzie, clarified Friday that Wohlers sent Byron a text message stating that he baked her a cake and wanted to give it to her. The text message included a photo of a cake with the phrase, "Sorry I Tased You" written on it.

Wohlers has declined to comment on the case, but his attorney denied the allegations in a written response to the complaint. The response also asserts Wohlers is protected by "qualified immunity" — rights that can shield government officials from civil liability lawsuits if the official did not knowingly violate a citizen's rights while performing their duties.

The defense's response said that even if Byron's allegations were found to be truthful, Wohlers' actions "reflect, at worst, mere negligence." The defense claimed Wohlers did not act in "bad faith, or with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property," making the Sheriff's Office, not Wohlers, the proper defendant in the lawsuit.

Morgan noted Tuesday that Wohlers was not engaged in an official or approved activity at the time of the incident. Wohlers resigned from the Sheriff's Office in July 2015 while under investigation for misconduct, and the ECSO reported Wohlers lied to a training officer about how his stun gun was discharged and later filed a false report about the incident.

On Monday, the Criminal Justice Standards and Training Commission announced it had reviewed the case and placed Wohlers on a one-year probationary period from serving at any law enforcement agency in Florida.

The lawsuit, which is separate from CJSTC review, is still pending in federal court. Byron is seeking compensatory damages, costs, expenses and reasonable attorney’s fees.