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CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION vs ROBERT W. NEWELL, 13-002020PL (2013)

Court: Division of Administrative Hearings, Florida Number: 13-002020PL Visitors: 34
Petitioner: CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION
Respondent: ROBERT W. NEWELL
Judges: LISA SHEARER NELSON
Agency: Department of Law Enforcement
Locations: Live Oak, Florida
Filed: May 31, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, July 30, 2013.

Latest Update: Dec. 22, 2024
STATE OF FLORIDA CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION, Petitioner, vs. ae CASE NO, 33125 Robert W. Newell, Respondent. / ADMINISTRATIVE COMPLAINT The Criminal Justice Standards and Training Commission, hereinafter referred to as the Commission, files this Administrative Complaint against the Respondent, Robert W. Newell. 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 October 21, 1991, and was issued Law Enforcement Certificate Number 172154 and on January 26, 1990, was issued Correctional Certificate Number 95371. 2. (a) On or about August 29, 2011, the Respondent, Robert W. Newell, did, as an employee of the department of corrections, unlawfully with malice aforethought, commit battery to the person of an inmate, to wit: Oreneile Masaka, by actually and intentionally touching or striking said person against his will. (b) On or about August 29, 2011, the Respondent, Robert W. Newell, did unlawfully and knowingly or willfully fail to make a report or prevented another from making a report required by section 944.35, F.S. 3. The actions of the Respondent did violate the provisions of Section 944,35(3); 944.35(4)(a) or any lesser included offenses, Section 943.1395(7), Florida Statutes and Rule 11B- 27.0011(4)(b); (6), Florida Administrative Code, in that Respondent has failed to maintain the qualifications established in tion 943.13(7), Florida Statutes, which —_uire that a Law Enforcment and Correctional officer in the State of Florida have good moral character. 4, This Administrative Complaint is issued pursuant to Sections 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, Robert W. Newell is guilty of violating Sections 943.1395(7) and 943.13(7), Florida Statutes and Rule 11B-27.0011(4)(b); (b), Florida Administrative Code. NOW, THEREFORE, the Florida Criminal Justice Standards and Training Commission hereby complains against Robert W. Newell 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 LG Paw JENNIFSR C.'PRITT, Program Director Criminal Justice Professionalism Program THIS 12th DAY OF MARCH, 2013. | | { i i i i 5 \ CERTIFICATE OF SERVICE SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY @ Complete items 1,2, and 3. Also complete THEREBY CERTIFY t ~~ item 4 if Restricted Dalivery is desired” . ® Print your name and address on the reverse 120.569 and Section 120.60, Fk ‘so that we can return the card to you. @ Attach this card to the back of the mailpiece, SS 1 Article Addressed to: B“ ived C. Date of Deliver vast 322-13 D. Is delivery address different from item 1? C1 Yes inter delivery address below: TC No Robert W. Newc!! C) Retum Receipt for Merchandis: a | = A a Oc.o.p. ce: Florida Departmentoft | 4. Restricted Delivery? (Extra Fee) me 7O0L1 3500 0001 5172 bba3 /sb ————————— PS Form 3811, February 2004 Domestic Return Receipt 102895-02-M-154

Docket for Case No: 13-002020PL
Issue Date Proceedings
Jul. 30, 2013 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jul. 29, 2013 Joint Motion to Relinquish Jurisdiction with Leave to Re-open (filed in Case No. 13-002020PL).
Jul. 24, 2013 Joint Motion to Relinquish Jurisdiction with Leave to Re-open (filed in Case No. 13-002119PL).
Jul. 15, 2013 Order Granting Continuance (parties to advise status by July 25, 2013).
Jul. 12, 2013 Motion to Reschedule Hearing (filed in Case No. 13-002020PL).
Jul. 11, 2013 Notice of Appearance of Co-Counsel (Therese Truelove; filed in Case No. 13-002119PL).
Jul. 11, 2013 Notice of Appearance (Therese Truelove; filed in Case No. 13-002119PL).
Jul. 11, 2013 Notice of Appearance of Co-Counsel (Gloria Fletcher; filed in Case No. 13-002020PL).
Jul. 11, 2013 Notice of Appearance (Gloria Fletcher; filed in Case No. 13-002020PL).
Jul. 10, 2013 Motion for Petitioner's Witness to Appear by Telephone filed.
Jul. 05, 2013 Order of Pre-hearing Instructions.
Jul. 05, 2013 Notice of Hearing (hearing set for July 26, 2013; 9:30 a.m.; Live Oak, FL).
Jul. 05, 2013 Order of Consolidation (DOAH Case Nos. 13-1745PL)
Jun. 27, 2013 Order Requiring Expedited Response.
Jun. 25, 2013 Order of Pre-hearing Instructions.
Jun. 25, 2013 Notice of Hearing by Video Teleconference (hearing set for July 26, 2013; 9:30 a.m.; Jacksonville and Tallahassee, FL).
Jun. 25, 2013 Order of Consolidation (DOAH Case Nos. 13-1994PL, 13-2020PL, and 13-2119PL).
Jun. 12, 2013 Joint Response to Initial Order filed.
Jun. 03, 2013 Initial Order.
May 31, 2013 Election of Rights filed.
May 31, 2013 Administrative Complaint filed.
May 31, 2013 Request for Assignment of Administrative Law Judge filed.
Source:  Florida - Division of Administrative Hearings

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