EDITORS NOTE: An earlier version of this story included the identities of two individuals involved who have not been charged with any crimes. For that reason, ABC Action News has decided not to include their names in the report.
A Hudson man and his attorneys have filed a federal lawsuit against a Hernando County deputy and Walmart, alleging racial profiling and a false arrest.
This video from Nov. 27, taken inside the Walmart Supercenter on Commercial Way in Spring Hill, showed a Hernando County deputy arresting Tony Nguyen.
"A year? That was like 10-15 years ago?" Nguyen can be heard saying.
The deputy responded, "Doesn't matter. You're trespassing. You can't come back."
According to the police report filed by the deputy, who is seen arresting Nguyen, it all started with a phone call from a Walmart Asset Protection Specialist. The Walmart employee mistook Nguyen for another man named Cody Vondelinde, who had been issued a trespass warning from that Walmart in 2018.
Here is the 911 call the Walmart employee made to the sheriff's office.
"Hernando County Sheriff's Office this line is being recorded…Hi, I'm [redacted]… There's an Asian male in the store right now. His name is Cody Vondelinde. He trespassed from this store. He is not allowed to be here, and he also tends to be violent and carries weapons."
The Walmart employee reportedly directed the deputy to Nguyen as he said, "That's him right there." Nguyen's attorney claims they look nothing alike.
"This is a case of all Asians look alike because when (the deputy) showed up, guess what he didn't do? He didn't identify Tony," the attorney said.
The deputy said when he showed up, he called out the name Cody, and Tony Nguyen turned around to address him.
It wasn't until Nguyen got to the jail that he said authorities finally asked for his ID.
Soon after, Nguyen shared a video with us where a deputy can be heard saying Nguyen was, in fact, not the person they thought he was.
WARNING: The following video contains graphic language. Viewer discretion is advised. Click here to view the video.
"I was able to confirm your ID at the jail. You're not the person he was looking for. You have not been trespassed, and so I'm taking you back to your house. And for me personally, I apologize. Sometimes identities get mixed up."
In January, they sent us a statement backing up their actions in making the arrest.
It said in part:
"The trespass warning issued at Walmart was still in effect after never having been rescinded by officials there... Therefore, probable cause existed for the arrest of Tony Nguyen for the trespass in question. He was processed and charged accordingly."
On Thursday, Nguyen's attorney filed a federal lawsuit against Walmart, the deputy and the Walmart employee for $10 million.
Nguyen said he is just looking for justice.
"I'm still nervous. I'm still anxious. I have a dash cam in all my cars. I'm ready to pull my phone out. I'm still scared. I thought it would never happen to me. You would think it would never happen to you, and it did," Nguyen explained.
We asked the sheriff's office why Nguyen wasn't asked to identify himself before being arrested and taken to jail. We are still pushing for an answer to that question.
