VOLUSIA COUNTY, Fla. – In a recent social media post, Volusia Sheriff Mike Chitwood expressed his discontent with a judge’s decision following an assault on one of his deputies last year.

The sheriff’s office reported that the incident occurred in November 2024, involving 47-year-old Jorge Rivera and his wife, 46-year-old Dagmarie Aponte Iturrino. The couple was charged with attacking a school resource deputy (SRD) at Deltona Middle School.

Footage from the deputy’s body camera captures a meeting between the family and the SRD, during which Rivera becomes agitated and the situation quickly escalates into violence.

The video reveals that the deputy was struck in the head, pushed to the ground, and had her Taser forcefully taken from her by Rivera.

[WARNING: The body-worn camera footage contains explicit language]

Authorities stated that both parents were arrested, yet Sheriff Chitwood disclosed on Wednesday that Rivera received a sentence of less than two months in jail.

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.”