STATE OF FLORIDA CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION, Petitioner, vs. CASE NO. 31633 Withfield Merrick, Respondent. / ADMINISTRATIVE COMPLAINT The Criminal Justice Standards and Training Commission, hereinafter referred to as the Commission, files this Administrative Complaint against the Respondent, Withfield Merrick. The Commission seeks to impose disciplinary action upon the referenced individual based on the following allegations: 1, Respondent was certified by the Criminal Justice Standards and Training Commission on February 21, 2005, and was issued Correctional Certificate Number 246598 and on March 1 1, 2009, was issued Law Enforcement Certificate Number 282207, 2. On or about November 20, 2010, the Respondent, Withfield Merrick, did unlawfully commit a sexual battery upon Shannon Unck, a person twelve years of age or older, without the consent of said person, by digitally penetrating the sexual organs of Shannon Unck, when the respondent is a law enforcement officer, correctional officer, or correctional probation officer as defined in section 943.10 (1), (2), (3), (6), (7), (8). 3. The actions of the Respondent did violate the provisions of Section 794.011 or any lesser included offenses, Section 943.1395(7), Florida Statutes and Rule 11B-27.001 1(4)(a), Florida Administrative Code, in that Respondent has failed to maintain the qualifications established in Section 943.13(7), Florida Statutes, which require that a Correctional and Law Enforcement officer in the State of Florida have good moral character. Filed August 6, 2012 11:49 AM Division of Administrative Hearings 4. This Admini’ tive Complaint is issued pursuant to Se ns 120.60 and 943.1395(7), Florida Statutes and Rule 11B-27.004(4), Florida Administrative Code. Any proceedings concerning this Complaint shall be conducted pursuant to Sections 120.569 and 120.57, Florida Statutes, and Chapters 11B-27, 28-106, and 28-107, Florida Administrative Code. Mediation is not available under Section 120.573, Florida Statutes. WHEREFORE, it is alleged that the Respondent, Withfield Merrick is guilty of violating Sections 943.1395(7) and 943.13(7), Florida Statutes and Rule 11B-27.001 1(4)(a), Florida Administrative Code. NOW, THEREFORE, the Florida Criminal Justice Standards and Training Commission hereby complains against Withfield Merrick and alleges that an appropriate penalty, as provided in Section 943.1395(7), Florida Statutes, should be imposed for the reasons set forth above and in accordance with the Election of Rights form (to which is attached an Explanation of Rights form) attached hereto and incorporated herein. BY ORDER OF THE CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION THIS 26th DAY OF JUNE, 2012. Criminal Justice Professionalism Program CERTIFICATE OF SERVICE I HEREBY CERTIFY ‘. SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY. 120.569 and Section 120.60, F: & Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Po Print your name and address on the reverse so that we canseturn the card to you. = @ Attach this card to the back of the mailpiecé, or on the front if.space permits. A. Signature 7 , ae padi elf JE Gived by P, Pp | o-{ Bete offD@tivoty 1D: Is delivery address different from item 1? Ld Yes : if YES, enter delivery address below: ‘ No 1. Article Addressed to: » ~gec AL CONPLIA COE SE FEO 2 29 got /sb ce: Palm Beach Gardens P e (J Express Mail ' C] Registered CJ Retum Receipt for Mercharudise i C1 insured Mail = 1. C.0.D. | 4. Restricted Delivery? (Extra Fee) Ol Yes a 7002 3150 0000 3832 4345 RETO eee Oooo PS Form 3811, February 2004 Domestic Return Receipt 102895-02-Mi-1540 |

Docket for Case No: 12-002599PL