Skip to main content

Attorney: Off-duty JSO officer acted to protect public safety at skate park

Teenager was riding an E-Motorcycle NOT an Ebike according to officer lawyer

JACKSONVILLE, Fla. – An attorney for a Jacksonville Sheriff’s Office officer charged with battery after pulling a teenager off a bike at a skate park said the officer intervened because the teen was riding an electric motorcycle capable of dangerous speeds, not a standard e-bike.

RELATED: Off-duty JSO officer faces backlash over video that showed him slamming kid on the ground at skate park

Off-duty JSO Officer Stephen Hicks was arrested and charged with misdemeanor battery after a confrontation Saturday at Sunshine Skate Park. Surveillance video shows Hicks grabbing a teenage rider and throwing him to the ground.

According to Hicks’ attorney, the distinction between an e-bike and an electric motorcycle is critical. Attorney Phil Vogelsang, general counsel for the Fraternal Order of Police, said the bike involved can reach speeds of nearly 50 miles per hour and is subject to different laws than an e-bike.

Vogelsang said Hicks was at the skate park with his family when he saw teenagers riding electric motorcycles through the park and feared someone could be seriously injured.

Surveillance video shows several teens riding motorized bikes through the park. Witnesses told News4JAX the riders were taunting skateboarders and refusing to leave when asked.

The video also shows Hicks identifying himself as a police officer before pulling one of the riders off the bike and slamming him to the ground. Hicks was later charged with battery.

“I think if individuals knew you had a police officer there on scene and this kid seriously injured himself or seriously injured another child — and after numerous people had asked them to stop — I think the public would question why nothing was done to prevent an accident,” Vogelsang said.

Vogelsang said electric motorcycles are not permitted to be operated in skate parks and must be used on roadways with proper permitting. He provided News4JAX with a photo of the bike he believes the teen was riding, which he said weighs about 125 pounds.

“He felt he was doing the best thing for the safety of the public and acting because he felt he had an obligation to do that,” Vogelsang said. “Now he’s obviously facing some repercussions.”

JSO records show Hicks has been investigated eight times in the four years since joining the agency. Those incidents include one violation of the department’s response-to-resistance policy, for which he received informal counseling, a secondary employment violation, and involvement in five chargeable traffic crashes.

Vogelsang said those incidents are separate from the current criminal case.

“Once the criminal case is handled, then there’s a separate administrative case,” Vogelsang said. “The Sheriff’s Office does a great job in analyzing all the facts and not rushing to judgment.”

Hicks is scheduled to appear in court on the battery charge Feb. 17. He has been administratively reassigned while the investigation continues.


Recommended Videos