Volusia Sheriff Blasts Judge’s Decision After Deputy Attacked at Local School

VOLUSIA COUNTY, Fla. – Sheriff Mike Chitwood of Volusia County expressed his disapproval on social media Wednesday, targeting a judge over an incident from the previous year involving an attack on one of his deputies.

The sheriff’s office reported that the confrontation occurred in November 2024. Involved were 47-year-old Jorge Rivera and his wife, Dagmarie Aponte Iturrino, aged 46, who were charged with assaulting a school resource deputy at Deltona Middle School.

Video from body cameras captured the scene, showing the couple and their son in discussion with the school resource deputy. The situation rapidly deteriorated when Rivera began yelling at the deputy, which eventually led to a physical altercation.

The video further reveals Rivera striking the deputy on the head, causing her to fall, and forcibly removing her Taser from her grasp.

[WARNING: The body camera footage contains strong 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.”