Volusia Sheriff's Sergeant Accused of Felony Battery on Elderly Couple at New Smyrna Beach Bar

An off-duty Volusia County Sheriff's Office sergeant was arrested in early July 2026 and charged with two counts of felony battery on a person 65 years of age or older after an altercation at a New Smyrna Beach bar, according to the New Smyrna Beach Police Department, which made the arrest. Authorities identified the sergeant as Jason Stickels, 44, who is accused of striking a 71-year-old woman and then her 77-year-old husband when the man tried to intervene. The case matters for Central Florida because it places a veteran law-enforcement supervisor on the other side of the criminal justice system he was sworn to uphold, and because it has prompted an unusually blunt public response from the county's sheriff.
The charges are allegations that remain pending in court, and the accused is presumed innocent unless and until proven guilty. Even so, the arrest has drawn immediate attention because of the sergeant's rank and because of the ages of the people he is accused of harming. Florida law treats battery against elderly victims as a more serious offense than a standard misdemeanor battery, reflecting a legislative judgment that older residents deserve heightened protection.
What is known so far comes primarily from the arresting agency. Investigators said surveillance video from the establishment and accounts from witnesses formed the basis for the two felony counts. The sergeant was placed on administrative leave and ordered to surrender his law-enforcement equipment while the sheriff's office pursues an internal disciplinary process that could end with his termination.
What investigators say happened
According to the New Smyrna Beach Police Department, the alleged altercation unfolded at Merk's Bar & Grill, a well-known gathering spot in the coastal city. The agency said its account draws on surveillance footage from inside the venue and on statements gathered from people who were present. Based on that evidence, investigators allege that the off-duty sergeant battered a 71-year-old woman.
The situation allegedly escalated when the woman's 77-year-old husband stepped in. Investigators said the sergeant is accused of then battering the husband as well, producing the second felony count. Because both people are described as being over 65, each alleged act of battery was charged under the enhanced statute rather than as a simple misdemeanor.
The police department, not the sheriff's office, handled the arrest, a separation that is common when an officer from one agency is accused of a crime within another agency's jurisdiction. New Smyrna Beach falls under the city police department's patrol authority, while the sergeant is employed by the countywide sheriff's office. That division of responsibility can help reduce the appearance of a conflict when law-enforcement personnel are themselves the subject of an investigation.
None of the allegations have been tested in court. The accused has not entered a plea in the public record described here, and the surveillance video and witness statements referenced by investigators would be subject to examination by prosecutors and defense counsel as any case proceeds.
The sheriff's public response
Volusia County Sheriff Mike Chitwood, known for speaking directly about conduct within his agency, publicly condemned the alleged behavior. The sheriff described the incident as a career-ending mistake and made clear that he viewed the accusations as incompatible with the standards expected of his deputies and supervisors.
Chitwood's comments were notable for their bluntness, though he framed the matter as one that will move through both the criminal courts and the agency's internal disciplinary machinery. Sheriffs in Florida generally avoid commenting on the specifics of a pending criminal case, but they retain broad authority to speak about the administrative consequences an employee may face and about the values they expect their personnel to uphold.
The sheriff's office said the sergeant was placed on administrative leave and directed to turn in his law-enforcement equipment, including the tools and credentials that authorize a deputy to act with police powers. That step effectively removes the accused from any active law-enforcement role while the disciplinary review plays out. The agency indicated that the process could result in termination depending on its findings.
Public condemnation from a sheriff does not determine guilt or innocence in the criminal case. The two tracks, criminal and administrative, operate under different standards of proof and can reach different outcomes. A criminal charge must be proven beyond a reasonable doubt, while an internal disciplinary finding rests on agency policy and a lower evidentiary threshold.
Felony battery on a person 65 or older in Florida
Florida singles out battery against elderly victims for tougher treatment. Under state law, battery on a person 65 years of age or older is generally classified as a third-degree felony, a step up from the misdemeanor charge that would apply to a simple battery against a younger adult. The enhancement reflects the Legislature's decision to extend added protection to older residents, a significant consideration in a state with one of the largest senior populations in the country.
A third-degree felony in Florida is punishable by up to five years in prison and a fine of up to 5,000 dollars, though actual sentences depend on the facts of a case, a defendant's record and the state's sentencing framework. Convictions for battery on an elderly person can also carry a mandatory minimum term of community service in some circumstances, and a felony conviction brings lasting collateral consequences, including the loss of certain civil rights.
Because the accused faces two counts, each tied to a separate alleged victim over 65, the charges are stacked rather than merged. Prosecutors decide how to pursue multiple counts, and the presence of two elderly victims is central to why the case was charged at the felony level rather than as a misdemeanor.
It bears repeating that these are charges, not convictions. The statutory penalties describe what the law allows upon a finding of guilt, not what the accused will necessarily face. The defense is entitled to challenge the evidence, question witnesses and contest the state's theory of the case at every stage.
How law-enforcement accountability works
When a Florida law-enforcement officer is accused of a crime, two parallel processes typically begin. The first is the criminal case, handled by prosecutors and the courts under the same rules that apply to any defendant. The second is the internal-affairs review conducted by the officer's own agency, which examines whether the conduct violated department policy regardless of the criminal outcome.
Internal-affairs investigations in Florida operate under the Law Enforcement Officers' Bill of Rights, a set of statutory protections that govern how agencies question and discipline sworn personnel. Those provisions establish procedures for interviews, notice and review, balancing an agency's need to hold employees accountable against the due-process rights of the individual officer. The framework can make internal investigations methodical and, at times, lengthy.
Placing an accused officer on administrative leave and collecting their equipment is a standard early step. It removes the person from active duty while preserving the agency's ability to complete its review. Leave may be paid or unpaid depending on agency policy and the stage of the process, and it does not by itself signal a final judgment about the underlying allegations.
Separately, Florida maintains a statewide system for certifying and decertifying law-enforcement officers through the Criminal Justice Standards and Training Commission. A criminal conviction or a sustained finding of serious misconduct can lead to the revocation of an officer's certification, a step that would bar the person from working in law enforcement anywhere in the state. That certification question is distinct from both the criminal case and the employing agency's disciplinary decision.
Why the case resonates in Volusia County
Accusations against a supervising officer carry particular weight because sergeants occupy a position of trust and authority within a sheriff's office. They oversee patrol deputies, make decisions in the field and are expected to model the standards the agency demands of its rank and file. An allegation of felony battery against a person in that role tests public confidence in a way that an accusation against a civilian would not.
The ages of the alleged victims sharpen that concern. Florida's demographic makeup means elder-protection laws are frequently invoked, and cases involving alleged harm to older residents tend to draw strong community reaction. New Smyrna Beach, a coastal city in Volusia County, is home to many older residents and visitors, and a high-profile arrest at a local establishment resonates locally.
Sheriff Chitwood's decision to speak out reflects a broader expectation that agencies address alleged misconduct transparently rather than shielding their own. How an agency responds when one of its supervisors is accused can shape public trust as much as the underlying incident. At the same time, that transparency must coexist with the accused's right to a fair process.
For residents watching the case, the central facts remain limited to what the arresting agency has disclosed: two felony counts, two elderly alleged victims, surveillance video and witness accounts cited by investigators, and an internal review underway. The rest will be determined through the court process and the agency's disciplinary review.
What's next
The criminal case will proceed through the Volusia County court system, where prosecutors must decide how to pursue the two felony counts and where the accused will have the opportunity to respond to the charges. As with any felony, the process may include a first appearance, the formal filing of charges, pretrial motions and, potentially, a trial or a negotiated resolution. Each step will unfold under the presumption of innocence.
Parallel to the courts, the sheriff's office internal-affairs review will continue. The agency has signaled that termination is a possible outcome, but any disciplinary decision will follow the procedures required for sworn personnel. A separate question about the sergeant's state certification could arise depending on how the criminal and administrative matters resolve.
For now, the accused remains on administrative leave, stripped of his law-enforcement equipment and removed from active duty. The community, the sheriff's office and the courts will watch how the case develops, mindful that allegations are not proof and that the outcome rests on evidence yet to be weighed in a courtroom. The Florida Press will follow the case as it moves forward.
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