VOLUSIA COUNTY, Fla. – Volusia Sheriff Mike Chitwood took to social media on Wednesday to criticize a judge after one of his deputies was attacked last year.
According to the sheriff’s office, the incident happened in November 2024, when 47-year-old Jorge Rivera and his wife Dagmarie Aponte Iturrino, 46, were accused of attacking a school resource deputy (SRD) at Deltona Middle School.
Body-worn camera footage shows the parents and their son in a meeting with the SRD before Rivera begins shouting at her, ultimately escalating into a physical fight.
The footage also exhibits the SRD being punched in the head, knocked to the ground, and having her Taser ripped out of her hand by Rivera.
[CAUTION ADVISED: Body-worn camera footage includes explicit language]
Deputies said the two parents were taken into custody, but on Wednesday, Chitwood revealed that Rivera had only been sentenced to less than two months’ jail time.
Court records show that Rivera pleaded no contest to charges of robbery, resisting arrest, battery and grand theft, though adjudication was withheld for these same charges.
“Circuit Judge A. Kathleen McNeilly blamed the deputy for the incident, ruled that her attacker was ‘triggered’ by the presence of a Taser, and let the scumbag off with 45 days in county jail,” he wrote. “No felony conviction, no probation. You read that right. I happen to think this judge just proved she’s unfit for office.”
Chitwood claimed that certain legal procedures weren’t followed during Rivera’s sentencing, and a notice of appeal was later filed by prosecutors.
However, Chitwood also stated that he was “angry” with McNeilly, though he urged residents to stay peaceful and keep faith in the justice system.
“Save your action for the ballot box,” he concluded. “This judge will be back on the ballot in 2028, and I will be asking you at that time to make sure a judge like this doesn’t sit on the bench in Volusia County.”