TALLAHASSEE (CBSMiami/NSF) - An appeals court has rejected arguments from former Broward Sheriff's Deputy Christopher Krickovich who argued he should be shielded from prosecution in a case in which he was seen on video slamming 15-year-old Delucca Rolle's into the pavement during an incident outside a McDonald's restaurant.
Krickovich, who was charged with two counts of misdemeanor battery, argued that he should be shielded by the state's "stand your ground" self-defense law and another law about justified use of force by law officers.
WATCH: TEEN PEPPER SPRAYED, HEAD SLAMMED INTO GROUND DURING ARREST
The opinion by a panel of the 4th District Court of Appeal said Krickovich argued he was entitled to immunity because another officer received immunity. But the appeals court said the conduct of the officers was not the same in the April 2019 incident.
"The first officer merely pushed the juvenile to the ground," said the opinion. "The juvenile was already face down on the ground when petitioner (Krickovich) positioned himself over him and hit the juvenile's face once into the pavement. Petitioner had the juvenile pinned down, holding his head and neck with both hands before he released his right hand and punched him once in the head. The juvenile may have tensed his body and lifted his face from the pavement, but the video from petitioner's body camera does not show the juvenile actively resisting arrest."
broward Sherriff Gregory Tony terminated Krickovich after an internal-affairs investigation.
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