MASCOTTE, Fla. – An internal investigation into the allegation of excessive force by a Mascotte Police Officer was released Monday.

The report determined there is not enough evidence to prove or disprove the claim, from a February arrest.

The city launched its investigation after Spectrum News 13’s Watchdog reporter Stephanie Coueignoux began asking questions months ago.

The investigation involves an incident captured on body camera video, showing Mascotte police pfficer Alvin Silverio using force against a man he was arresting.

That man, Eduardo Ramirez, spoke to Spectrum News 13: “I never pushed him. I never touched him. I never did anything to him. He just had the handcuffs on me.”

Monday’s report describes the body cam video as showing Ramirez spitting on Officer Silverio, who then reacts:

“…you can see Officer Silverio swing at Mr. Ramirez 3 times only making contact with the 3rd strike to the rear of Mr. Ramirez’s head.”

“Officer Silverio was responding to an aggressive physical attack, based on the fact that spit is known to carry blood borne pathogens.”

Mascotte City Manager Jim Gleason says he’s satisfied with the outcome of the investigation, but wishes the police department hadn’t waited until months later to start it.  

Gleason credits Spectrum News 13’s inquiry into the incident for prompting the process.

The report also outlines why it’s unclear if excessive force was used—including lack of witness cooperation.

One of the witnesses listed in the report is Silverio’s colleague who also responded to the incident.

Officer Jody Beyer was let go from Mascotte Police soon after. The report states she “did not participate in the investigative process” and that “Ms. Beyer failed in her duties as a sworn officer to report what she allegedly perceived to be a violation of department policy and violation of a citizens rights.”

Spectrum News 13 has learned Beyer is now suing the City of Mascotte under the Whistleblower’s Act, claiming she was fired for “objecting to the actions of Officer Silverio…and the attempted cover up”.

In her lawsuit, Beyer claims she witnessed Silverio “beating Eduardo Ramirez upon his face, neck, and head”.

Gleason told Spectrum News 13 he wasn’t aware Beyer was suing the city.

He says while he takes every lawsuit seriously, and is pushing for better officer training and procedural improvements, he has full confidence in Police Chief Eric Pedersen and the police department.

Beyer’s attorney told Spectrum News 13 he doesn’t have a comment at this time.

Chief Pedersen also did not return our request for an interview.

Officer Silverio is now undergoing counseling about filing reports in a complete and timely manner.