STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CRIMINAL JUSTICE STANDARDS )

AND TRAINING COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 91-1001

)

DAVID L. JORDAN, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a formal hearing in the above- styled case on May 15, 1991, at Tampa, Florida.

APPEARANCES

For Petitioner: Michael R. Ramage, Esquire

Post Office Box 1489 Tallahassee, Florida 32302

For Respondent: David L. Jordan, pro se

6213 Watermark Drive

Apartment 206

Riverview, Florida 33659 STATEMENT OF THE ISSUES

Whether Respondent exhibited gross incompetence as a firearms instructor on or about July 20, 1990.

PRELIMINARY STATEMENT

By Administrative Complaint dated December 5, 1990, the Criminal Justice Standards and Training Commission, Petitioner, seeks to discipline the instructor certificate of David L. Jordan, Respondent. As grounds therefor, it is alleged that on or about July 20, 1990, Respondent, while conducting a firearms training class, did improperly point a shotgun at the head of a student and pull the trigger. This conduct is alleged to violate Section 943.12(3), Florida Statutes, and Rule 11B-20.0012(1)(e), Florida Administrative Code, by exhibiting gross incompetence as an instructor.

At the hearing, Petitioner called eight witnesses, Respondent testified in his own behalf and five exhibits were admitted into evidence. Proposed findings submitted by Petitioner are accepted. Those not included herein were deemed unnecessary to the conclusions reached.

Having fully considered the evidence presented, I make the following:

FINDINGS OF FACT

1. At all times relevant hereto David L. Jordan was certified in firearms instruction (Stipulation by the parties).

   
   

2. On July 20, 1990, while conducting a firearms training class for probation and parole officer candidates, Respondent, while demonstrating use of a shotgun, pointed a shotgun at a female student at close range and pulled the trigger.

   
   

3. Respondent was attempting to demonstrate the intimidating nature of a shotgun to the students.

   
   

4. Prior to pointing the shotgun at the student, Respondent had checked the magazine and chamber of the gun to insure the gun was unloaded and showed this check to most of the students in the class. He then, with his back to the female student, operated the slide on the pump shotgun by pulling the rack back and then forward, turned toward the student with the shotgun muzzle within a foot of the student's face and pulled the trigger.

   
   

5. This incident was extremely disturbing to the student at whom the gun had been pointed and to most of the rest of the class as well.

   
   

6. During the morning session of the firearms training class, the senior instructor in the class, Sergeant Oates, had pointed a revolver at members of the class, and both Respondent and Oates had allowed students to point revolvers at other students to practice squeezing the trigger while dry firing.

   
   

7. It is a cardinal safety rule when handling firearms to never point a firearm at another person unless compatible with the right to use deadly force. (Exhibits 1 and 2) The Florida Firearms Training Manual (Exhibit 1) expresses the rule as "Never point a firearm at anyone unless compatible with deadly force departmental policy and Chapter 776, Florida Statutes."

   
   

8. It is gross negligence for an instructor in firearms training to point a weapon at another person or allow students to point firearms at other persons.

   
   

9. The training of the class which Respondent was instructing on July 20, 1990, was conducted with functional weapons.

   
   

   CONCLUSIONS OF LAW

   
   

10. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.

    
    

11. Section 943.12(3), Florida Statutes (1989), authorizes the Criminal Justice Standards and Training Commission, inter alia, to certify, and revoke the certification of, officers, instructors, and criminal justice training schools.

    
    

12. Rule 11B-20.001, Florida Administrative Code, establishes minimum qualifications for certification as an instructor. Included therein is the requirement that the instructor be knowledgeable of methods of instructions. In firearm training, one of, if not the, most important elements in training is safety; and, as noted above, it is a cardinal safety rule while handling

    firearms to never point a firearm at another person unless you may be justified in shooting the other person.

    
    

13. By pointing a shotgun in the face of a student in the firearms training class Respondent was conducting, and pulling the trigger, Respondent demonstrated a flagrant disregard of the cardinal safety rules pertaining to the handling of firearms. This constitutes gross negligence.

    
    

14. From the foregoing, it is concluded that Respondent was grossly negligent when he pointed a shotgun at a student in his class on July 20, 1990.

RECOMMENDATION

It is recommended that the certification of David L. Jordan as a firearms instructor be revoked. This recommendation is in accordance with Rule 11B- 20.0012(1), Florida Administrative Code.

RECOMMENDED this 20th day of June, 1991, in Tallahassee, Florida.

K. N. AYERS Hearing Officer

Division of Administrative Hearings The Desoto Building

1230 Apalachee Parkway

Tallahassee, FL 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 20th day of June, 1991.

COPIES FURNISHED:

Michael R. Ramage, Esquire Post Office Box 1489 Tallahassee, FL 32302

David L. Jordan

6213 Watermark Drive

Apartment 206

Riverview, FL 33659

Jeffrey Long, Director Criminal Justice Standards

Training Commission Post Office Box 1489 Tallahassee, FL 32302

James T. Moore Commissioner

Department of Law Enforcement Post Office Box 1489 Tallahassee, FL 32302

Docket for Case No: 91-001001

Orders for Case No: 91-001001