Florida man claims he was wrongly taken down, detained by Orange County deputies: 'It wasn't even me'

ORANGE COUNTY - A Florida man claims he was at work when Orange County deputies followed him, stopped him at gunpoint, then put him in handcuffs thinking he was a wanted suspect – only to late admit they detained the wrong guy.

Demarquis Smith said the situation happened on Oct. 2 in Winter Park at a job site. He works for a construction and lightning business.

He said he noticed a car following him to the site, but thought it was someone who perhaps wanted to ask about the services his company provides. 

"I’m going to the van like, ‘hold on, let me get you a card,'" he told FOX 35 in an exclusive interview.

That's when he said deputies has four guns pointed at him, while the deputies holding those guns were tucked and hidden behind car doors, shouting at him to get on the ground.

At first, Smith said, he thought he was being robbed.

One of his co-workers began recording the situation on his cell phone, and asked deputies questions about what was going on.

"He's being arrested on a warrant," one of the deputies is heard responding on the video.

Smith has no criminal record, he said. 

After several minutes in handcuffs, Smith said deputies confirmed his name and ID did not match the person they were looking for, so the handcuffs were removed and he was let go.

 "It was very embarrassing, traumatic for me," he told FOX 35.

He said deputies told him that they were looking for someone else who apparently had a similar description to him. 

"Do you feel you look like him?" FOX 35's Marie Edinger asked Smith.

 "As far as African American, that's it," he said. 

"I'm kind of skinny. He's kind of bigger. Our facial hair is, are totally different. His head structure and my head structure are totally different," he said.

FOX 35 reached out to the Orange County Sheriff's Office about the alleged incident on Thursday. In a statement, OCSO confirmed that it has received a complaint about the situation and that it was under review. The agency said it was also "not uncommon for deputies to detain someone suspected of a crime or who has a warrant….while their identity is verified and charges are confirmed."

OCSO did not release any details about what led them follow Smith's vehicle or details on who they were looking for. We've included OCSO's full statement at the end of the article.

Smith's wife, Dashana Honore, said Oct. 2 was their first wedding anniversary.

"My husband calls me, you know, frantic on the phone. I'm trying to, you know, hear what he's saying, trying to figure it out because he never calls like that," she said. 

"He was just so shaken up, like he was almost in tears. And I've never heard him like that," she said.

She said she didn't watch the video of the incident until days later because talking about it alone brought her to tears.

"For me to see him on the floor like that, it's kind of, you know, I felt I knew that he was embarrassed, humiliated and, you know, and just so helpless. I don't like to see him that way," she said.

Silva, a co-worker of Smith and who recorded the video, doesn't see how Smith and the alleged other suspect could have been confused.

"These guys look nothing alike. The only way they look alike is if you’re going by the color of their skin," he said "It’s innocent until proven guilty, but these guys are assuming you’re guilty by coming out guns drawn at your head."

FOX 35 asked OCSO if they ever found the suspect they were after. Our follow-up email was not returned prior to publication.

Here is the full statement the Orange County Sheriff's Office provided to FOX 35 News:

There was a complaint filed with the Sheriff’s Office about the incident you have referenced, and that complaint is being reviewed to determine whether all OCSO policies and procedures were followed.

More broadly, though, the felony unit of the Orange County Sheriff’s Office is tasked with tracking down the most violent at-large suspects in our community. These are also the most dangerous fugitives, who have active warrants for felony crimes. It’s not uncommon for deputies to detain someone suspected of a crime or who has a warrant for their arrest while their identity is verified and charges are confirmed. That is for the safety of not only the deputies – but of the suspect, and the public.

Silva, Smith's co-workers, said OCSO needs to review its protocols.

"If you’re doing this to regular law-abiding citizens, like, ‘lets arrest them now, ask questions later, even if we’re wrong’ that’s the worst way to go about it," said Silva. "They’re not serving anybody by doing that. If anything, they’re doing a disservice."

Smith said he wants an apology from the Orange County Sheriff's Office.

"It was kind of like excuses," said Smith. "Like, ‘Oh, it happens. It's life. Stuff like this happens all the time.’ And I'm just explaining to them like how I feel. I even at a moment, had to walk away because I, like, broke down and cry."

"They had the audacity to tell him, ‘did you get hurt, though?’ Why would you even ask that?" added Silva. "You embarrassed him. It doesn’t matter if he got hurt on the way down. You arrested the wrong guy."