Special Master’s Final Report
The Honorable Paul Renner
Speaker, The Florida House of Representatives
Suite 420, The Capitol
Tallahassee, Florida 32399-1300
Re: HB 6009 - Representative Hart
Relief/Patricia Ermini/Lee County Sheriff's Office
SUMMARY
This is a contested excess judgment claim for $626,769.93 based on a federal jury verdict
awarding damages to Patricia Ermini (“Ermini”) for the injuries and damages she sustained
when Lee County Sheriff’s Office (“LCSO”) deputies entered her home to conduct a welfare
check on the night of March 23, 2012, which welfare check resulted in an LCSO deputy
shooting Ermini. Ermini alleges that the Lee County Sheriff1 was negligent through the actions of
his deputies taken during the welfare check, while the LCSO alleges that Ermini was herself
negligent and therefore caused her own harm.
FINDINGS OF FACT
The Incident
Welfare Check Request
On the evening of March 23, 2012, then-71-year-old mother of two Patricia Ermini (“Ermini”)
lived alone in a home she owned in Fort Myers, Florida.2 On that date, Ermini, who was in the
process of a contentious, lengthy, and expensive divorce, consumed wine in her home and,
some time thereafter, spoke on the telephone with her daughter, Maine resident Robin LaCasse
(“LaCasse”). During the course of this telephone call, Ermini, upset over recent developments in
her divorce proceeding, cried hysterically (a behavior that was unusual for her, according to
LaCasse) and indicated to LaCasse that she “couldn’t take it anymore.” When Ermini became
so upset that her crying interfered with her ability to speak, LaCasse asked Ermini to hang up,
splash water on her face to calm down, and call her back.
After a brief time period, Ermini attempted to call LaCasse as requested; however, LaCasse
was in a shop at that particular moment and consequently missed Ermini’s call. Ermini then
decided that, as she was very tired, she would go to sleep in her home’s primary bedroom.
Over the course of the next hour, LaCasse repeatedly attempted to reach Ermini on her cell
1
This is not a claim against the Sheriff personally; rather, it is a claim against the Office of the Sheriff.
2Fort Myers is located in Lee County, Florida. The record indicates that Ermini had a daughter and a son, both of
whom resided in Maine on March 23, 2012.
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phone.3 When Ermini failed to answer or return any of these calls, LaCasse grew increasingly
concerned that Ermini may have attempted or might commit suicide.4 In light of this concern,
around 8:40 p.m., LaCasse called the Lee County Sheriff’s Office (“LCSO”) and requested that
the LCSO send deputies to Ermini’s home to conduct a welfare check. During the course of this
phone call, LaCasse relayed:
 Ermini’s name and age;
 The fact that Ermini lived alone;
 The fact that LaCasse feared for Ermini’s life, along with the basis for her fear;
 The fact that Ermini had a gun for self-protection; and
 The possibility that Ermini might have been drinking.5
Law Enforcement Response
Shortly thereafter, an LCSO dispatch operator relayed LaCasse’s request for a welfare check
over the LCSO radio system and conveyed the information relayed by LaCasse, including
Ermini’s name and age; the fact that Ermini had a gun; and the fact that Ermini might have been
drinking. LCSO deputy Charlene Palmese (“Palmese”) 6 responded to the call, informing the
dispatch operator that she was en route to Ermini’s home. LCSO deputies Richard Lisenbee
(“Lisenbee”) and Robert Hamer (“Hamer”) also responded to the call and proceeded towards
Ermini’s home to assist Palmese.7
Lisenbee, the first deputy to arrive at Ermini’s home, testified that he parked his patrol vehicle
down the road in a position that was likely not visible from the home.8 According to his
testimony, he then approached the home, which he described as dark with no visible interior or
exterior lights illuminated, and took a quick look around the home’s exterior. Seeing nothing, he
opened the screen door to the front porch and propped it open, then pounded on the front door,
calling out “Sherriff’s Office.” Getting no response, Lisenbee tried the front door handle, which
he found unlocked, and proceeded to open the door, calling out “Sheriff’s Office,” and asking
“Anyone here? Anyone home?”, with no response. He then left the front door standing open and
waited outside for backup.
Palmese arrived at Ermini’s home shortly thereafter and, according to her testimony, parked her
patrol vehicle down the road, as Lisenbee did, in a position that was likely not visible from
Ermini’s home. She then approached the home and, upon seeing that the front door was “wide
open,” notified dispatch of this fact over the radio and consulted with Lisenbee about the best
course of action; both deputies agreed that it was best they wait for backup before entering the
home. However, Palmese testified that, although she initially believed that Lisenbee had found
the door wide open upon his arrival, Lisenbee later told her that is was he who had opened the
door before her arrival, and left it open.
Hamer, the last deputy to arrive at Ermini’s home, testified that he, like Lisenbee and Palmese,
parked his patrol vehicle on the street in a position that was likely not visible from Ermini’s
home. He then approached the house to confer with Lisenbee and Palmese, in the mistaken
belief that the front door had been found “wide open,” as he had heard Palmese’s statement to
3 Ermini’s testimony suggests that she did not have a land line, but that she did have two cell phone s, one she had
purchased for herself and another her daughter had recently sent her. Unfortunately, the phone calls LaCasse placed
to the cell phone Ermini had purchased did not go through. Further, the ringer on the cell phone LaCasse sent Ermini
had been switched to “silent,” and Ermini did not know how to turn the volume on; thus, she did not receive any
auditory alerts when this cell phone received an incoming call. In any event, Ermini testified that she left both cell
phones in the kitchen before heading to bed.
4 The record indicates that Ermini had a history of depression but did not have a history of suicidal ideation. Ermini
testified at trial that when she told LaCasse she “couldn’t take it anymore,” she was referring to her protracted divorce
proceedings and was in no way indicating that she intended to take her own life or otherwise harm herself.
5 According to LaCasse’s testimony, Ermini denied having consumed any alcohol while on the phone with LaCasse,
but LaCasse suspected she might have consumed alcohol because of how upset Ermini was. Ermini later
acknowledged she had consumed wine at some point before her phone call to LaCasse.
6
According to the record, on March 23 2012, the LCSO employed Palmese as a road patrol deputy.
7 According to the record, on March 23, 2012, the LCSO employed Lisenbee and Hamer as road patrol deputies.
8 A bank of trees largely shielded Ermini’s home from the roadway.
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that effect over the radio and neither Lisenbee nor Palmese corrected his false impression.
Hamer subsequently returned to his patrol vehicle to retrieve his AR-15 rifle, which was
equipped with a flashlight and a sighting device that enabled him to more easily find his target.
After Hamer returned to the house, the testimony from the deputies suggests that at least
Lisenbee called out through the open front door, announcing “Sheriff’s Office.” 9 The deputies
then entered the home, with guns drawn, and maneuvered their way through in silence.10
Though all three deputies were wearing a dark green LCSO uniform and duty belt, along with
visible badges and other insignia, the interior of the home was dark, causing the deputies to
illuminate flashlights to increase their field of visibility; however, the deputies chose not to turn
on any interior lights, apparently so that they would not make themselves visible to anyone in
the home, lest they become targets.
In any event, shortly after entering through the front door, the deputies reached the home’s
primary bedroom, located directly off of the living room and marked by a set of closed French
doors. During her deposition, and again at the trial held in this matter, LCSO Captain Kathryn
Rairden (“Rairden”)11 testified that, although there is no specific protocol for conducting a
welfare check, in a situation like the one presented to the deputies (that is, where the deputies
know a person is potentially armed with a gun and might be behind a closed door), she would
have secured the room, preventing any deputies from standing in front of the doorway or on the
other side of the drywall; she would then have had the deputies “form up somewhere” safe and
start trying to establish communication with the potentially-armed person in order to get such
person to emerge from the room unarmed.
Unfortunately, the deputies did not follow these procedures. Instead, Lisenbee threw open the
closed right-side door to Ermini’s bedroom and peered inside without first attempting to
establish communication with Ermini. Further, he did this at a time when Hamer was positioned
behind him in the living room, and Palmese was behind him near the adjacent kitchen; in other
words, both Hamer and Palmese were positioned on the other side of the drywall and in view of
the open door. Thus, in throwing open the bedroom door as he did, Lisenbee placed himself,
Hamer, and Palmese in the potential line of fire of any armed person waiting within.
According to her testimony, Ermini first became aware that there were strangers in her home
when she was awoken by a man throwing her bedroom door open, shining a flashlight into the
room, and saying “she’s in here.” She also heard a female’s voice but couldn’t make out what
the female said. Ermini testified that she could not see anything, as the light from the flashlight
was shining directly in her eyes, and that she was immediately terrified, not knowing who was in
her home, or for what purpose.
Lisenbee testified that he opened the right side of the bedroom door to find Ermini seemingly
asleep on her bed, clothed only in undergarments; he then proceeded to loudly announce
“Sheriff’s Office,” and he may have also said something to the effect of “we’re here to help.” 12
The record is unclear as to exactly what happened next, but the parties generally agree that
Ermini picked up her gun and moved quickly from her bed to behind the partially-open bedroom
door; Ermini testified that she moved to the door in an attempt to ascertain who was in her
home, as she could not see them. The parties also generally agree that Ermini spoke to the
deputies at this point, although exactly what she said is in dispute; Ermini testified that she
warned the deputies that she had a gun and demanded that they leave her home, while the
deputies testified that Ermini warned them about the gun and threatened to shoot them.
9 According to their respective testimonies, Palmese did not recall anyone other than Lisenbee announcing their
presence, but Hamer was unsure as to whether or not he or Palmese had also done so.
10 The record indicates that each deputy carried an LCSO-issued Glock handgun. However, Hamer had his personal,
LCSO-approved AR-15 drawn as he moved through the house. The record also indicates that the home was found in
a state of disarray; Ermini later testified that this was due to her lax housekeeping skills and not anything sinister.
11 Rairden was the Captain assigned to LCSO’s South District, the district to which Hamer, Lisenbee, and Palmese
were also assigned on March 23, 2012.
12
It is unclear from the record precisely what Lisenbee said, as he couldn’t recall specifically and the testimony of the
deputies, and of Ms. Ermini, differ as to what his specific statement might have been. However, all three deputies
remember him loudly announcing “Sheriff’s Office.”
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Whatever Ermini’s exact statement was, Lisenbee and Palmese testified that they immediately
began backing up in response thereto; however, Hamer testified that he moved forward and
“took the point,” turning off his flashlight and stepping in front of Lisenbee as he was the more
experienced deputy and had more firepower. According to Hamer, he then saw Ermini emerge
from behind the still-closed left-side bedroom door, stand in the open, right side of the doorway,
and assume a “shooting stance” with both of her hands wrapped around the gun and her finger
on the trigger; he testified that, in fear for his life and the lives of the other deputies, he fired his
AR-15 rifle immediately, without ever ordering Ermini to drop her gun, striking Ermini several
times and causing her to collapse to the floor.13 However, Lisenbee testified that he only saw
Ermini’s gun emerging from around the side of the closed door before Hamer shot her,14 while
Palmese testified that she saw neither Ermini nor her gun until after the shooting.
What is clear from the record is that Hamer fired seven rounds from his AR-15 rifle at Ermini,
and that all seven rounds passed through the closed left-side bedroom door. At least two of
those rounds struck Ermini, hitting her left leg and right arm and causing her to immediately fall
backwards to the ground and drop her gun, which was found to the left of her body. Based on
the location of the bullet holes from the rounds fired by Hamer, it is improbable that Ermini was
standing in a shooting stance in the open right-side doorway and immediately shot by Hamer,
as Hamer claimed; at the time she was shot, the record shows that Ermini must have been at
least partially concealed behind the closed left-side doorway, through which all of Hamer’s
rounds passed, for any of those rounds to have struck her.
In any event, Hamer immediately called in the shooting over his radio and, after clearing the
bedroom and handcuffing Ermini, began rendering medical aide to Ermini until emergency
responders arrived and took over her care. Ermini was visibly confused and upset at this point,
repeatedly asking the deputies and emergency responders who the deputies were, why they
were in her home, and why they were trying to kill her.
Hamer later testified in the trial held in this matter that, when he enters a home without a
warrant or consent, he anticipates that the person inside might be surprised or frightened by his
presence, as the record suggests Ermini was; he also testified that, in such a situation,
communication is the key to reducing the person’s fear and surprise. However, the record is
clear that, from the point that Palmese radioed in that the front door was “wide open” to the point
that Hamer called in the shooting, a total of three minutes had elapsed; it is also clear that a
matter of seconds elapsed from the point that Lisenbee opened Ermini’s bedroom door to find
Ermini sleeping and the point that Hamer shot her. Furthermore, at no point during the pre-
shooting interaction did any deputy ensure that Ermini knew and understood that they were law
enforcement officers or explain to Ermini why they were there. Neither did the deputies
illuminate themselves so Ermini could see their uniforms; instead, they shone bright flashlights
in her eyes, so she couldn’t see them at all. Indeed, other than one pronouncement of “Sheriff’s
Office,” the deputies failed to communicate anything of value to Ermini that would enable her to
determine that her life was not in danger, and Hamer would later testify that he was unsure
Ermini even knew who the deputies were at the time he shot her, as she seemed confused.
Physical Injuries
Emergency medical responders transported Ermini by ambulance to the emergency department
of Lee Memorial Hospital, where she was sedated, intubated, placed on a ventilator, given fluids
13 Initial news reports submitted as evidence in the Special Master Hearing held in this matter suggested that Ermini
fired the first shot. By the time the matter went to trial, the story had changed, such that all the deputies admitted that
Hamer had fired the first shots. However, at some point after Hamer began shooting at Ermini, Ermini’s gun
discharged one round, which round passed through her kitchen wall at a point just inches below the ceiling. Ermini
testified that she does not remember firing her gun, and it is unclear from the record whether Ermini’s gun discharged
in the course of her fall or whether she fired the gun intentionally in response to Hamer shooting at her; in either case,
her finger must have been on the trigger to cause it to discharge.
14 This is consistent with Ermini’s testimony that she was peering around the closed left side of her bedroom door,
gun in hand, to determine who was in her home when Hamer shot her.
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and two units of blood, and admitted in critical condition. An evaluation of her injuries revealed
gunshot wounds to her right upper arm and left thigh; a probable graze wound to her head; a
fractured left femur; a fourth ventricle hemorrhage; intracranial bleeding; and a foreign body
lodged in her right eye.15 She was also noted to have a blood alcohol content of .148.16
After emergency medical personnel cleaned out her wounds and stopped her hemorrhage,
Ermini was admitted to the surgical intensive care unit, where she underwent procedures to
close her head wound, stabilize her fractured leg with screws and rods, and place skin grafts to
her right arm and left leg. She subsequently underwent numerous wound drainage procedures
and wound VAC changes before being discharged for out-patient and home care on April 18,
2012. However, Ermini became septic after her discharge, which infection caused her
tremendous pain for which she was prescribed pain medication. She also developed post-
traumatic stress disorder and paranoia, which, according to her testimony, causes her to
occasionally hide in her closet at night in case anyone should enter her home and try to kill her.
Initial Investigations
The LCSO initially placed Ermini under arrest and charged her with two counts of aggravated
assault on a law enforcement officer.17 However, on June 5, 2012, the State Attorney for the 20th
Judicial Circuit ultimately declined to prosecute the matter, citing insufficient evidence, and
dismissed all charges against Ermini.
The LCSO also conducted an internal investigation into the