Orlando man jailed for 8 days after police misidentified him as fleeing driver
Markest Thomas spent eight days in jail after an Orlando officer wrongly identified him as a driver who fled a traffic stop. Charges were later dropped due to tattoo discrepancies.
Orlando man jailed eight days after officer's misidentification, charges later dropped
Google News MT — Crime (en) reports that a Central Florida man spent eight days behind bars after an Orlando police officer wrongly identified him as the driver of a BMW who fled a routine traffic stop in December last year.
The state attorney's office subsequently dropped all criminal charges against Markest Thomas, citing in part a clear discrepancy: tattoos covering Thomas's right hand and forearm do not match the footage captured by the officer's body-worn camera, which shows the actual driver with no visible tattoos on his right arm.
"I was falsely arrested for a crime I didn't commit," Thomas told News 6. "I would like to see accountability for what has happened."
The Orlando Police Department has not confirmed or withdrawn its belief that Thomas was the fleeing driver. A department spokesperson said the arresting officer's investigation had developed sufficient probable cause for a judge to sign a warrant.
A stop, a flight, and a name
Officer Andrew McKuhen, who had been working for OPD for less than two months at the time, was patrolling the South Semoran neighbourhood on 29 December when he pulled over a BMW for tinted taillights. The driver rolled down his window, told McKuhen he had no licence, and gave his name as "Mark Thomas" along with a Social Security number and a claimed birthday in April 1995.
After McKuhen detected the smell of marijuana, observed ash on the console, and noticed a green substance on the driver's shorts, he told the driver he intended to search the car. While McKuhen was on his radio, the driver started the ignition and sped off.
"Turn it off! Turn it off!" McKuhen shouted as the BMW drove away. The officer did not pursue the vehicle.
McKuhen then contacted the communications centre with the name "Mark Thomas" and the April 1995 birthdate. According to notes from the officer's deposition with the state attorney's office, "The coms center was able to find a name close to that based on (date of birth)." The name that came back was Markest Thomas — born in February 1995, not April.
Arrest warrant and eight days in custody
McKuhen obtained a driver's licence photo of Thomas and swore in a sworn affidavit that he had "positively identify Markest Tyrell Thomas as the driver of the vehicle." The affidavit does not indicate whether the officer reviewed his body-worn camera footage and compared it with Thomas's photo before submitting it to a judge. The officer's affidavit also noted that the Social Security number provided by the driver was linked to a woman named Nancy, and that the BMW's licence plate traced back to a woman.
Based on McKuhen's affidavit, Orange County Circuit Court Judge Greg A. Tynan issued an arrest warrant for Thomas, who lives in Lake County.
On 20 January, deputies from the Lake County Sheriff's Office arrived at Thomas's home in Mascotte to execute the warrant. Thomas said he initially thought the officers had come to deliver bad news about a family member.
"I'm sitting over here playing video games when I hear a loud bang at the door," Thomas told News 6. "They ask me to step out, and the next thing I know, I'm getting handcuffed."
Thomas was taken to Lake County jail, where he was held without bond for seven nights, before being transferred to Orange County jail for a further night.
"I just started breaking down and crying, because none of it made sense to me," Thomas said. "I've never been in trouble with the police ever. I don't have a criminal record. I've never been locked up and never had handcuffs on my hands before."
An Orange County judge released Thomas on 28 January to await trial without requiring him to post bond, but imposed a series of restrictions, including a prohibition on possessing alcohol or firearms.
Thomas said that after his arrest, no one from OPD interviewed him or attempted to verify that he was in fact the driver who fled the stop.
Tattoos prove the difference
On 16 July, the state attorney's office formally charged Thomas with fleeing from law enforcement, a third-degree felony carrying a maximum sentence of five years in prison. Prosecutors declined to pursue several drug-related charges that the officer had recommended.
After charges were filed, prosecutors provided Thomas's attorney with a copy of McKuhen's body-worn camera footage. Thomas spotted the discrepancy immediately.
"I have all these tattoos on my arm," Thomas told News 6, pointing to the body art covering his right hand and forearm. "I've had this one since 2018. I've had this one since 2023." The driver visible in the officer's video has no tattoos on his right arm.
Assistant State Attorney Zachary Cole deposed McKuhen and reviewed the body-worn camera footage on 3 August. The prosecutor noted in records that the driver on the tape "never gave the name Markest Tyrell Thomas."
McKuhen has since been involved in an unrelated matter: an off-duty vehicle crash that killed a 92-year-old woman, whose family is now suing the city for wrongful death.
"This wasn't a minor mistake," Thomas said of his arrest. "My life was uprooted. I was put in jail."
Thomas has called for accountability from the Orlando Police Department, while OPD has not addressed the specific question of whether it still considers him the driver who fled the December traffic stop.
Source: Google News MT — Crime (en)