GAITHERSBURG, Md. — Montgomery County Sheriff’s deputies are being accused of using excessive force to perform an eviction at gunpoint that turned out to be on shaky legal ground, according to the recording of the incident.
The accusations are being made by a pair of Montgomery County business owners who say deputies came through the door of their unoccupied business at gunpoint last November, even though a judgement had been paid.
The deputies reversed course after re-checking documents, according to the video.
The business owners say they are frustrated and they claim a written complaint to the sheriff's department has been ignored. They spoke exclusively with WUSA9.
“It was unnecessary excessive force," complained Carol Rivadeneira, who spoke standing with her husband Jose Rivadeneira after reviewing security camera video from Nov. 3, 2023 showing Montgomery County Sheriff's deputies entering their business premises with guns drawn.
The couple are the owners of Synergy Business Center at 18630 Woodfield Rd in Gaithersburg.
“It's an eviction not a drug bust. We are business owners in Montgomery County and we deserve to be treated as such," Carol Rivadeneira said.
It turns out the November eviction was unjustified because the couple had paid a court-ordered judgement, according to court records and statement made by a deputy who can be heard in the incident video.
The video shows a sheriff’s deputy on the phone with Carol checking the paperwork and then reversing course.
Workers were ordered by a deputy to return all removed possessions to the premises.
“I think that the video is egregious. It's terrible," Carol Rivadeneira said.
The couple and employees were not present when the eviction attempt happened. The owners watched from home via their security system.
Synergy Business Center opened in 2022 with high hopes of creating a minority owned, community oriented, event space and co-working business center.
The owners admit they are in financial trouble, but they say that does not justify what they view as aggressive tactics by the sheriff’s department, such as entering their business with guns drawn.
Carol said its lucky that no one was at work when it happened.
“Somebody could have really got hurt with the guns being drawn,” she complained.
Montgomery County Chief Sheriff’s Deputy Bob Lehman explained that deputies are authorized to clear a building with guns drawn during an eviction when it is unclear if anyone may be present or hiding inside.
Lehman pointed out evictions can be fraught with high emotions, elevating the potential danger for officers carrying out court orders.
Lehman said typically evictions are scheduled with up to six weeks lead time. He said when circumstances of a case change, such as a judgement being paid, one or both parties notify the department to cancel the eviction.
Lehman reported that in 2023 the Department was scheduled to perform 3928 evictions, but many claims were resolved before the scheduled times.
In the end, deputies carried out 904 evictions in 2023, Lehman said.
Lehman declined to comment on the specific incident caught on video or the circumstances leading to deputies attempting an eviction after a judgement had been paid.
The couple attempted to sue the sheriff's department in Montgomery County Circuit Court, but the case was dismissed after the Maryland Attorney General's office notified courts that a sheriff's department could not be sued under the circumstances present in the case.
The couple has since put their business in a foreign trust, and is using that status in an attempt to sue the landlord in federal court.
An attorney for the landlord said a property manager had offered to work with the tenants, including offering a payment plan and compensation.
Since the eviction, the tenants say they have refused to pay additional rent.
As a result they were evicted Friday by separate court order.
This time the couple say they will leave voluntarily. They claim the lack of response to their complaint makes Montgomery County a hostile place for them to do business.
Before leaving they removed many doors and fixtures claiming the items were paid for and installed by them during their lease.