DELAND — A judge granted a motion allowing a woman to withdraw her plea to charges in an altercation involving her husband and a Volusia Sheriff’s Office school resource deputy at Deltona Middle School.
Dagmarie Aponte’s case is now set for a pre-trial hearing on April 14 before Circuit Judge A. Kathleen McNeilly at the Volusia County Courthouse in DeLand. The judge set a trial for the week of June 15.
Aponte, 46, and her husband, Jorge Rivera, 47, of Deltona, were arrested Nov. 19, 2024, after a confrontation with Volusia Sheriff’s Office School Resource Deputy Julia Curtin escalated at the school.
Aponte and Rivera were upset that Curtin arrested and handcuffed their 11-year-old son after he was accused of pushing a girl. They were also upset because they said their son was being bullied.
But the situation escalated first verbally and then physically with the deputy drawing her Taser and Rivera punching Curtin and taking the Taser from her. Curtin then drew her gun and arrested Rivera.
Aponte withdraws plea in Deltona Middle School altercation
Aponte had pleaded no-contest last year to charges of battery on a law enforcement officer and resisting arrest with violence, both third-degree felonies punishable by up to five years in prison. She also pleaded no-contest to disrupting a school function, a second-degree misdemeanor. Prosecutors had agreed not to seek a jail sentence for her.
State sentencing guidelines did not recommend any prison time for Aponte.
But Aponte retained a new attorney, Lisa Figueroa, who on Dec. 17 filed a motion to withdraw Aponte’s plea.
On March 20, Judge McNeilly granted the motion, writing in her ruling that Aponte’s attorney had established “good cause” which, under Florida law, makes it mandatory to grant a motion to withdraw a plea.
McNeilly cited state law which holds that “affirmative misadvice,” in particular about the consequences of sentencing, had been held to be “good cause.”
McNeilly wrote that “in addition to the affirmative misadvice regarding Defendant Dagmarie Aponte being misinformed that she could seal her criminal record,” she found that Aponte’s testimony was credible and on school surveillance camera was depicted trying to deescalate by placing herself between the school resource officer and her husband.”
McNeilly, in her ruling, also wrote, “the Court finds the defendant Dagmarie Aponte’s testimony particularly credible in the context of this case where on camara, Dagmarie Aponte is depicted on school surveillance trying to deescalate by placing herself between the school resource officer and her husband, and Florida law, as argued by her attorney in her motion to withdraw plea, allows person the right to use reasonable force to defend against an unlawful use of force as well as self-defense and/or defense of others, particularly as it could apply in the context of the facts surrounding the incident memorialized on school surveillance.”
Aponte said she was trying to de-escalate confrontation
Dagmarie Aponte testified Friday, Feb. 13, that she was trying to de-escalate the situation between her husband and the deputy and was not trying to be violent toward the deputy.
They had met Curtin to discuss the arrest and handcuffing of their 11-year-old.
But the situation quickly escalated with Rivera screaming at Curtin and the officer telling the couple to leave, according to body camera video. Rivera hurled profanities and a slur at Curtin, who followed the couple and their son out of the office.
Rivera turned to argue with Curtin and put his finger near her face. Curtin appeared to swat at Rivera’s hand. Aponte then got in between Rivera and Curtin to try to separate them. Deltona Middle School Principal Stephen Hinson also tried to defuse the situation.
Curtin had her Taser out. Rivera swung with his right arm, punching Curtin and causing her to fall down. Rivera then bent down over Curtin. Rivera snatched Curtin’s Taser from her hand.
Rivera took Curtin’s Taser. Curtin then drew her gun and ordered Rivera to drop the Taser, which he did. She then arrested him.
Husband served time in jail for altercation with deputy
In November, McNeilly sentenced Rivera to 45 days in jail. McNeilly also withheld adjudication, meaning Rivera will not have a felony conviction on his record. Prosecutors had asked for 10 years in prison.
The State Department of Corrections recommended a mix of a supervisory sentence, such as probation, and referring Rivera to Veterans Court. But Rivera, who is a combat veteran, didn’t qualify for Veteran’s Court because one of the charges was punishable by life.
McNeilly ruled that there was enough evidence for a downward departure, which legally allowed her to impose a lighter sentence, such as probation. McNeilly went through those factors legally allowing for a downward departure. She said Curtin was “an initiator, a willing participant, an aggressor or provoker of the incident.”
The State Attorney’s Office has appealed McNeilly’s ruling regarding Rivera to the 5th District Court of Appeal in Daytona Beach.
This article originally appeared on The Daytona Beach News-Journal: Woman in conflict with Deltona Middle deputy wins plea withdrawal
Reporting by Frank Fernandez, Daytona Beach News-Journal / The Daytona Beach News-Journal
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