BROOKSVILLE, Fla. – Tony Nguyen, the 35-year-old Asian man who went viral in November when the video of Walmart loss prevention officer David Pettigrew and Hernando County Deputy Michael McNeeley arrested him was posted online, joined his attorneys today to announce a more than $10 million lawsuit against Walmart, Pettigrew, and McNeeley.
Nguyen, represented by civil rights attorneys Harry Daniels, Shaunette Stokes, and Norman Harris, was arrested on November 6, 2022, after Pettigrew called police and falsely identified him as a different Asian man, 29-year-old Cody Vondelinde warning that he was aggressive and likely armed.
Nguyen was shopping with his girlfriend at the time of the arrest.
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When Deputy McNeeley arrived at the Walmart Supercenter on Commercial Way in Spring Hill, Florida, he approached Nguyen and arrested him without ever asking him his name or for any identification.
The lawsuit states that Nguyen was given a trespassing warning at the store a decade ago, in 2013.
Nguyen told the deputy that his warning was enforceable for only a year.
This banned him from the store, but he maintains that his arrest was unrelated to this warning.
In the 911 call made by the Walmart employee to the Sheriff’s office, they said: “There’s an Asian male in the store right now. His name is Cody Vondelinde. He trespassed from this store. He is not allowed to be here, and he also tends to be violent and carries weapons.”
The employee assisted the deputy in locating Nguyen in the store by directly pointing him out.
He said: “That’s him right there.”
Nguyen’s attorney claims that his client and Vondelinde look nothing alike.
“Anyone could tell the difference between Tony Nguyen and Cody Vondelinde,” said Daniels. “But David Pettigrew and Deputy McNeeley didn’t care because, for them, they all look alike.”
According to the deputy, he called out “Cody,” and Nguyen turned around to speak to him.
Only when Nguyen arrived at the jail was he asked to show his ID, according to the lawsuit.
“I was able to confirm your ID at the jail. You’re not the person he was looking for,” the deputy said.
“You have not trespassed, and so I’m taking you back to your house.
“And for me personally, I apologize. Sometimes identities get mixed up.”
The Hernando County Sheriff’s Office sent a statement to WFTS about the issue.
“The trespass warning issued at Walmart was still in effect after never having been rescinded by officials there. Therefore, probable cause existed for the arrest of Tony Nguyen for the trespass in question. He was processed and charged accordingly.”
The plaintiff’s attorney disagreed.
“Well, that may be how they train folks at Walmart and the Hernando County Sheriff’s Office, but the rest of us call it racial profiling,” said Daniels.
The lawsuit, filed in the U.S. District Court for the Middle District of Florida Tampa Division, calls for more than $10 million in relief.
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“The Hernando County Sheriff’s Office may think it’s okay to reach back nearly 10 years and kidnap an innocent man to cover up a mistake. But we don’t,” said Daniels. “Walmart may think they can treat people any way they want for any reason or no reason at all. But we don’t.”
“They might think all Asian men look alike. But we don’t,” said Daniels.
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