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New Port Richey activist suing city leaders one year after jury acquits him

New Port Richey activist suing city leaders one year after jury acquits him
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PASCO COUNTY, Fla. — Eleven minutes. That's how long Marlowe Jones says it took for his life to change on July 31, 2020—after New Port Richey police arrested him on charges of resisting arrest and battery on a law enforcement officer.

And he says it took him two years to get that time back.

We sat down with Jones and his attorney Kevin Ross-Andino to better understand his story.

"In July of 2020, we were peacefully protesting when we were attacked by a drunk man that came out of a bar," said Jones.

Video of that fight, from July 24, 2020, was first released to ABC Action News by the New Port Richey Police Department (NPRPD) in August of 2020.

Video of Rickus and Jones

In it, you see former NPRPD officer Nicholas Rickus rush over to pull that man and a demonstrator named Stephanie Hinkle apart.

Jones runs over as well.

"I witnessed this drunken man laying a hit on Mrs. Hinkle. And at that point, I step in between the two, and I try to separate them," said Jones.

More officers and people then begin crowding in—and Jones tells us that he and Rickus spoke briefly.

Police body camera footage from another vantage point shows Jones talking to officers—and eventually, the scene is cleared.

Video of Marlowe talking to police

"The gentleman got arrested, Ms. Hinkle, they talked to her, got her statement, [and] she went home with her family that night," said Jones.

But one week later—Jones said Hinkle's family called to say she was missing. It would later be revealed that Hinkle had actually been arrested by NPRPD and charged with having a handcuff key in her pocket. The department claims the key was uncovered after Hinkle was briefly detained following the fight on July 24, 2020.

"We said we'll go file a missing persons report," he said.

Jones says he went to the police department to file a missing persons report but was instead met with handcuffs.

"I didn't understand what was going on. I was just there to file a missing persons report. Then they're telling me I'm being arrested," he said.

Body camera footage from that night shows Jones asking officers why he's being arrested several times. And officers answer that he's being charged with felony battery on a police officer.

Marlowe Jones arrest

Eventually, about three minutes into one particular clip, you hear an officer tell Jones they have evidence of the alleged crime.

"We have you on video last week pushing one of our officers during that altercation?" said the female officer.

"I pushed on officer?" said Jones.

"Yes," said another officer.

The problem is body cam footage from that night doesn't show that happening.

"Yeah, it was shocking to hear that. At that point, I knew something wasn't right," said Jones.

New Port Richey activist suing city leaders one year after jury acquits him
New Port Richey activist suing city leaders one year after jury acquits him

After a two-year legal battle, on May 5, 2022, a jury acquitted Jones.

"It felt like justice because it felt like the jury and the judge got it right," he said.

And now, in 2023, Jones says he's pursuing further justice by filing a civil lawsuit in federal court.

The 43-page complaint names the city of New Port Richey, its manager, the former mayor, the former police chief, a current police officer, and two former officers—including Rickus, who claimed Jones pushed him back in 2020.

"Those are the people. Those are the people that have everything to do with why Marlowe had to go through what he went through," said Jones' attorney Kevin Ross-Andino.

The suit claims that the charges brought against Jones can be tied to a history of racism and a lack of police training in the city—that current and former city leaders and current and former city officers have upheld.

And it also says that Jones was falsely arrested, wrongfully prosecuted, and subjected to emotional distress throughout this case.

The document also includes examples connected to each claim, such as a text exchange between the city manager, Debbie Manns, and city councilman, Jeff Starkey, from the day the verdict was delivered in Jones' trial.

DM Texts RE Jeff Starkey May 2022 by ABC Action News on Scribd

In it, they talked about how the case "wasn't looking good for the city" and that Jones was "no saint."

At one point, the councilman said that "Jones would never let the city live this down" and that the verdict would "empower" him and others.

To which the city manager replied: "I know. Not happy."

It's an exchange that Jones says points to a need for accountability in the city.

"I want the people that are in power in the city of New Port Richey to be held accountable. Because if we don't hold them accountable, then nobody else will," he said.

And Ross-Andino adds that they're seeking several million dollars in damages, which will give that accountability some teeth.

"Really, when you're talking about civil rights, it's really a punishment, right? For a city like New Port Richey, a million dollars might be a punishment, but five million dollars really is a punishment. So we wanted to maximize the amount of the punishment to the city," he said.

It's a push that the pair plan to take to all the way to a jury.

"[I'm] Never gonna stop fighting. The only time I'll stop is when my heart stops," said Jones.

New Port Richey activist suing city leaders one year after jury acquits him
New Port Richey activist suing city leaders one year after jury acquits him

ABC Action News has reached out to everyone who is named in it.

The law firm representing the city, the city manager, and others declined to comment.

Former NPRPD police chief Kim Bogart declined to comment when we called him.

An attorney for former mayor Robert Marlowe told us his client "categorically denies the allegations against him." But he declined our request to go on camera for a sit-down interview.

We have also contacted Rickus and his lawyer several times over the last month and are still waiting to hear back.