The Issue The issues in this case are whether Respondent failed to maintain good moral character in violation of sections 943.1395(7) and 943.13(7), Florida Statutes, and Florida Administrative Code Rule 11B-27.0011(4)(b), by possessing not more than 20 grams of cannabis in violation of section 893.13(6)(b), Florida Statutes, and if so, the penalty that should be imposed.
Findings Of Fact Petitioner, Criminal Justice Standards Training Commission, is the state agency charged with the responsibility of certifying correctional officers and taking disciplinary action against them for failing to maintain good moral character as required by section 943.13(7). § 943.1395, Fla. Stat. At all times relevant, Respondent was a certified Florida Correctional Officer, and employed as a correctional officer at Everglades Correctional Institute ("ECI"). On March 31, 2011, shortly after reporting to work, Respondent was confronted by Inspectors George Montenegro, Philip Cataldi, and Darrel Grabner (all of whom are employed with the Office of the Inspector General within the Florida Department of Corrections). Respondent was requested to submit, and consented, to a pat down search of his person. The personal search did not reveal any contraband. Thereafter, Respondent was requested to submit, and again consented, to a search of his personal vehicle located in the ECI employee parking lot. Respondent was aware that, pursuant to Florida Administrative Code Rule 33-208.002, as a Department of Corrections employee, while on the ECI premises, he was subject to search or inspection of his person and vehicle.1/ Respondent escorted Inspectors Montenegro, Cataldi, and Grabner to his vehicle. Respondent acquired his vehicle, a 2006 Chevrolet Colorado, at an automobile auction in January 2011; the vehicle had been repossessed from its previous owner. Respondent opened the vehicle and then remained in close proximity, at the side of Inspector Montenegro. Inspector Cataldi, while searching Respondent's vehicle, located a small clear plastic bag.2/ Specifically, the bag was located on the floor and two to three inches back from the mid-point of the front passenger's seat. Within the bag Inspector Cataldi observed a green, leafy substance which, based on his law enforcement experience and training, he believed to be marijuana. Inspector Cataldi contemporaneously advised Inspector Grabner of the find and transferred the bag to Inspector Grabner's possession. Inspector Grabner observed residue that, based on his law enforcement training and experience, was consistent with marijuana. Inspector Grabner then proceeded to confirm his suspicion by utilizing the Duquenois-Levine reagent test, a presumptive field test designed to identify THC in marijuana.3/ Inspector Grabner, who has performed the same test on several hundred occasions, transferred the de minimis amount of suspicious material with tweezers into the test kit's pre- packaged ampoule, and followed the remaining directions as indicated in the package insert. After the sample was agitated, as directed, a presumptive positive result for THC was indicted by the color purple. The positive result was also observed by Inspector Montenegro. According to Inspector Grabner, the entirety of the suspicious material was consumed in the Duquenois-Levine testing process. The persuasive evidence establishes that the residue contained within the clear plastic bag was marijuana. Respondent was thereafter interviewed by Inspector Montenegro. At that time, Respondent denied any knowledge of the clear plastic bag or its contents. Respondent conceded that, during the approximately three-month period he had owned his car, he had cleaned and vacuumed the vehicle on multiple occasions. Respondent clarified, however, that when he acquired the repossessed vehicle from an automobile auction, the vehicle had not been detailed and was dirty. He further elaborated that, as he was the primary occupant of the vehicle, he had not attempted to vacuum the flooring underneath the passenger seat. Respondent credibly testified that he had no knowledge of the presence of the baggie or its contents.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Criminal Justice Standards and Training Commission enter a final order dismissing the Administrative Complaint. DONE AND ENTERED this 3rd day of October, 2012, in Tallahassee, Leon County, Florida. S TODD P. RESAVAGE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 3rd day of October, 2012.
Findings Of Fact At all times material to this proceeding, the Respondent was a certified law enforcement officer having been certified by the Commission on August 5, 1983 and issued certificate number 43-86-017-01. Respondent had previously been certified as a law enforcement officer by the Commission in December 1974 but that certificate expired while Respondent was attending college. At all times material to this proceeding, Respondent was employed as a deputy sheriff by the Osceola County Sheriff's Office. However, Respondent began his employment as a law enforcement officer in 1974 when he worked for the Windermere Police Department in Orange County, Florida, and since July 1990 has worked part-time for the Davenport Police Department. Respondent has been employed full-time as a financial consultant with Merrill Lynch since February 1990. Respondent is licensed in Florida under Chapter 517, Florida Statutes to conduct securities transaction and licensed under Chapter 626, Florida Statutes to conduct business in annuities, life insurance and health insurance. Licensure under both Chapter 517, Florida Statutes and Chapter 626, Florida Statutes, requires, among other requirements, that the licensee be of good moral character. On September 29, 1989, Respondent was on duty as an Osceola County Sheriff's Department deputy assigned to the southwest portion of Osceola County. At approximately 1800 hours, Respondent was dispatched to a residence in the community of Poinciana to talk to the parents of two minor females (ages fourteen and sixteen) who were allegedly provided alcoholic beverages by three adult males earlier in the day. The juveniles, who had skipped school, advised Respondent that the three males had taken them to a lake and allowed them to drink beer and go swimming. The three males involved were pointed out to Respondent, who then went to the males and questioned them. During this questioning, a "field contact card" was completed on each male. The time of completion of the cards is indicated on the cards to be 1830 hours (6:30 p.m.). By reason of the completion of the cards, Respondent identified the names of the three males (Robert Miller, William Troy, and Clayton Daniel Worley), their ages (27, 26, and 19 years, respectively), their addresses, phone numbers, physical descriptions, social security numbers, and, for Miller and Worley, drivers license numbers. Worley was identified as owner of the red pickup truck on the scene. After completing the contact cards, Respondent returned to the victims. One victim, J.B., age 14, reported that while she was in the water, Robert Miller started feeling her breasts and that Clayton Worley also grabbed her and started fondling her breasts. According to J.B., she told Miller and Worley to leave her alone, and she went ashore. J.B. then related that William Troy then asked her to go for a walk and that during the walk, Troy grabbed J.B. and tried to kiss her, than pulled his penis from his pants and forced her hand into it. J.B. indicated she pulled away but Troy grabbed her again and tried to force her to touch his penis. J.B. indicated Troy repeatedly asked her to perform various sex acts and she refused. According to J.B., the three males agreed to take the girls home and, when the truck stopped at an intersection, J.B. jumped from the truck and sought help. By the time Respondent learned of the breast fondling and penis exposure allegations, the males had left the scene. Respondent contacted his supervisor then-Sergeant Robert Hansell who talked with him about probable cause to arrest the three suspects. Hansell further contacted the on-call investigator Detective Andy Strecker who agreed with Hansell that there was probable cause to effect arrests for lewd and lascivious acts committed in the presence of a minor. Strecker contacted Respondent by phone, instructed him to send the parents and juveniles to the Sheriff's Office for sworn taped statements and to effect the arrest of all three suspects, if possible, on the felony charge of lewd and lascivious acts. Neither Hansell nor Strecker advised Respondent to charge sexual battery at that time, although Respondent still considered it a probable charge. After leaving the victim's home, Respondent attempted to locate the three males. During this attempt, he identified the red pickup truck and made a traffic (felony) stop of the vehicle at the intersection of San Remo Court and Deauville Court in Osceola County. Respondent recognized the driver as one of the three males who had been questioned by Respondent in conjunction with the "field contact cards" earlier, and knew the driver was not the vehicle owner, Clayton Worley. The traffic (felony) stop was indicated to the Osceola Sheriff dispatcher by Respondent at approximately 204658 (two seconds before 8:47 p.m.). Respondent exited his patrol car and ordered Miller to get out of the truck. When Miller reached the front of the patrol car Respondent ordered him to place his hands on the hood of the patrol car. As Miller placed his hands on the hood of the patrol car, Respondent stepped up behind Miller and advised him he was under arrest. At this time Respondent noticed a bulge in Miller's right rear pocket that was not there earlier when Respondent had asked for identification. Before Respondent could secure the handcuffs, Miller began acting belligerently by raising his hands and turning around and asking why he was being arrested. Respondent pushed Miller back onto the hood of the patrol car, advised him he was under arrest again, and told Miller to place his hands behind his back. Miller did not comply but spun around bumping into the Respondent. At this point, Respondent felt a hit against his weapon and a pull on his gunbelt causing Respondent to think that Miller was attempting to get his weapon. As a result, Respondent pushed Miller away and swung his gunside away from Miller. As Respondent recovered his balance, he turned toward Miller who was on his hands and feet in the roadway beside the driver's side of the patrol car. Respondent grabbed for Miller, but Miller jumped up and ran counter clockwise around the patrol car, west on San Remo Court to Deauville Court, a distance of about 35 feet. Respondent pursued Miller on foot as Miller turned south on Deauville Court. Other than Respondent's flashlight, the only light in the area was a street light at the southeast corner of San Remo Court and Deauville Court. As Respondent chased Miller away from the street light the area of the chase became less illuminated, and required Respondent to depend more on his flashlight. Since Respondent had failed to switch his flashlight from wide beam to narrow beam the flashlight did not provide sufficient light for Respondent to clearly observe Miller's actions during the chase. After the Respondent had chased Miller about 77 feet, Miller suddenly stopped about 30 feet from Respondent. Miller then turned toward Respondent with both hands somewhat extended and held close together in front of his body about waist level in what Respondent considered an offensive position. Miller made no effort to raise his hands as to give up. Since Miller had escaped before Respondent had been able to determine what the bulge was in his rear jeans pocket, Respondent believed that Miller had a weapon and was preparing to shoot him. Because they had moved away from the street light into a less illuminated area during the chase, the Respondent was unable to determine if Miller had a gun in his hands. Under the circumstances the Respondent feared for his life, and therefore, pulled his weapon, aimed and fired once. Miller then turned and ran south on Deauville Court again with Respondent pursuing him. Miller ran another 40 or 50 feet, suddenly stopped and pivoted toward Respondent, again holding his hands together low and in front of his body similar to that used to hold a handgun at low port. When Miller continued to hold his hands in an offensive position, the Respondent, again in fear for his life, fired three rounds. Apparently, Miller turned to run while Respondent was still shooting since Miller was hit in the lower right side of his back just above the hip through the Levi-Strauss patch on his jeans by one of the bullets. Although Respondent thought he had hit Miller, he began to have doubts that he had hit him when Miller started running again without staggering. Miller ran a short distance further south on Deauville Court before turning right (southwest) into an area of tall grass and ducked out of sight. Respondent followed Miller a short distance into a wooded area but retreated when he realized he might be shot from ambush because at this point Respondent still assumed that Miller was possibly armed. At approximately 8:49 p.m., Respondent requested a K-9 unit for searching the area. Respondent made this call for the K-9 unit from his hand- held radio while he was still near the area where Miller had entered the woods. This call was made approximately two minutes after Respondent indicated to the dispatcher that he was making the traffic (felony) stop. Upon returning to his patrol car, Respondent and Deputy Larry Dodson who had responded to Respondent's call for assistance removed Clayton Worley, the vehicle's owner, from the truck. Worley was unconscious from alcohol consumption but otherwise okay. Respondent explained to Dobson what had transpired and Dobson called Sergeant Hansell and secured the perimeter until the K-9 unit arrived. K-9 officer, Deputy Lisa Bowen arrived at approximately 9:07 p.m., and although not advised by Respondent that Miller might be armed and dangerous or that Respondent had fired shots at Miller, Bowen had heard the call for assistance and the shots-fired dispatch. Deputy Bowen proceeded to search the area in accordance with proper procedures, and eventually found Miller and placed him under arrest. Deputy Cutcher who had also responded to the call for assistance handcuffed Miller. Miller advised the deputies that he had been shot and could not move. Deputy Bowen found one bullet entry and requested paramedics and ambulance at approximate 9:48 p.m. Miller was identified from his wallet which had been taken from his pocket by Deputy Cutcher. When Sergeant Hansell, who had arrived on the scene, learned that Miller had been shot and was possibly armed, he directed the 9MM "spent" shell casings to be secured, that all law enforcement officers be advised that Miller may be armed, and directed Respondent to sit in his patrol car and not to discuss the incident with anyone. No firearm was found on Miller, and no firearm was found at the scene other than the service firearm secured from Respondent. Four 9MM "spent" casings from Respondent's service firearm were found at the scene. One "spent" 9MM casing was found in the area where Respondent first fired at Miller and three "spent" 9MM casings were found in the area where Respondent fired at Miller the second time. No other "spent" bullet casings were found at the scene. The shot that wounded Miller was fired by Respondent using his service firearm. Miller was admitted to Humana Hospital in Kissimmee at 11:15 p.m. where the bullet was surgically removed from the abdominal area by Dr. Antonio Ramirez. Miller's blood alcohol content was determined to be 0.18 percent. Evidence of Benzodiazepine (a class of tranquilizer which includes valium), cannabnoid, and cocaine metabohite were found by a urine drug screen. The arrest history for Miller indicates two arrests for resisting arrest; one dismissed and one with no disposition, and one charge of battery on a police officer which was dismissed. Subsequent to the night of the incident, Investigator Ryan, with the assistance of Deputy Bowen and Detective Webster, conducted an experiment at the scene to determine what the Respondent could have observed in regards to Miller's action under the same conditions as on the night of the incident. Notwithstanding the results of this experiment, the most credible evidence of what the Respondent may have seen or thought he saw during the chase of Miller was Respondent's testimony in this regard which is set out in the above Findings of Fact. While I understand Ryan's effort in this regard, none of those involved in the experiment had to make decisions on what they saw while chasing a person who had just escaped and who may possibly be armed. Respondent did not enjoy this luxury on the night of September 29, 1991 while chasing Miller who, Respondent had reason to believe, might be armed. Stewart R. Hudson, a special agent with the Florida Department of Law Enforcement investigated possible criminal charges against Respondent for aggravated assault concerning the shooting of Miller by Respondent on September 29, 1989. Hudson's investigative report, dated October 9, 1989, was submitted to the State Attorney's Office, Ninth Circuit, and to Sheriff Jon Lane. On November 7, 1989, the State Attorney's Office presented to the Grand Jury Hudson's investigative report. Agent Hudson, Sergeant Hansell and Major Magnaght testified before the Grand Jury regarding the shooting. The Grand Jury voted No True Bill, apparently finding the shooting to be justifiable use of force pursuant to Section 776.05, Florida Statutes. On October 11, 1989, an Osceola County Sheriff's Office Investigator interviewed Respondent regarding the shooting of Miller. Subsequently, the investigator asked Respondent to take polygraph examinations on October 19 and October 27, 1989. Each of the exams showed that Respondent was truthful regarding his fear for his life on September 29, 1989, and truthful in answering Sergeant Ryan on October 11, 1989. 2/ Nevertheless Sergeant Ryan indicated that Respondent was untruthful regarding whether Respondent struggled with Miller and whether Miller was facing him with his hands in a threatening manner when Andrews shot him. When Ryan told Respondent and impressed upon him he did not believe him after the polygraph examinations on October 19 and 27, 1989, Respondent changed his account of the two points which Ryan said showed deception and tried to comport his testimony with what he had been told the polygraph examinations showed. Respondent then requested to be polygraphed again on those questions to prove that he had been truthful in the interview of October 11, 1989, in his incident report and in his interview with Agent Hudson. Ryan indicated that he could not do another polygraph and reported that Respondent had given false information during the internal investigation with the intent to mislead the investigators. At the meeting when Respondent was dismissed on November 6, 1989, Andrews stood by his report and explained the changes in the October 27, 1989 interview with Sergeant Ryan. When he had finished, Commander Croft asked if Respondent was allowed or given the opportunity to be polygraphed after he changed his account of the shooting. Ryan indicated that they had already discussed this and told Respondent, "Don't go muddy up the water." Respondent's employment with the Osceola County Sheriff's Office was terminated November 6, 1989. Notwithstanding that Respondent changed his story to comport with the alleged results of the polygraph examinations of October 11 and 27,1989 that he was being untruthful concerning the matter set out above, the more credible evidence concerning the events of the night of September 29, 1989 which led up to the shooting of Miller is Respondent's testimony at the hearing which comports in almost every detail with the Offense Incident Report which was completed and filed by Respondent shortly after the incident occurred. Respondent's reason for changing his story concerning Miller's action was that he was aggravated by the investigation, and thought that by giving the "changed answers" to the same questions on another polygraph examination would indicate that he was also being untruthful with the "changed answers" and hopefully, this would clear up those areas on the two previous polygraph examinations. There was sufficient substantial competent evidence to establish that Respondent was in fear in his life, on both occasions, when he shot at Miller on September 29, 1989, and that Respondent's reasons for changing certain statements about the incident was done neither with the intent to mislead the investigation nor to accomplish some unlawful purpose.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is, accordingly recommended that the Administrative Complaint, as amended at the hearing, filed against the Respondent be dismissed in its entirety. RECOMMENDED this 16th day of December, 1991, in Tallahassee, Florida. WILLIAM R. CAVE 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 16th day of December, 1991.
The Issue Whether the Respondent committed the offense alleged in the Administrative Complaint dated March 9, 2001, and, if so, the penalty that should be imposed.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing and on the entire record of this proceeding, the following findings of fact are made: The Commission is the state agency responsible for certifying and revoking the certification of law enforcement officers in Florida. See §§ 943.12(3) and 943.1395, Fla. Stat. (2004). Mr. Rendon is a Florida-certified law enforcement and corrections officer. Mr. Rendon's first contact with Sheila Smith and Kimberly Ann Sturtz, Mrs. Smith's daughter, was in November 1998, when Ms. Sturtz called the police after an argument with her mother. At all times material to this proceeding, Ms. Sturtz was a child under 16 years of age. In December 1998, Mr. Rendon was dispatched to the Smith residence when Mrs. Smith called the police as a result of a fight with her son, Travis Caley. Mr. Rendon arrested Travis on December 2, 1998, and Travis was subsequently placed in a foster home. Mr. Rendon developed an interest in Travis and the Smith family, and he periodically contacted a representative of the Florida Department of Children and Family Services to check on Travis's situation. Mr. Rendon also talked to Travis on the telephone. Mr. Rendon often telephoned Mrs. Smith or went to the Smith residence to give her news about Travis, and Mrs. Smith often telephoned Mr. Rendon. Mr. Rendon had Mrs. Smith's and Kimberly's cell phone and pager numbers, and he used a code when he paged them, so they would know to call him back. He frequently paged Kimberly during the day. Mr. Rendon visited the Smith residence several times when Mr. and Mrs. Smith were home. He also stopped at the Smith residence when Mr. and Mrs. Smith were not at home and Ms. Sturtz was at the residence alone or with a friend named Alicia Cox, who lived across the street from the Smith residence. During these visits, Ms. Sturtz and Mr. Rendon talked but generally stayed outside the house, on the porch or in the yard. Mr. Rendon's visits to the Smith residence were not as frequent between February and April 1999, during the time Mr. Rendon was assigned to patrol an area of Lake County that was a considerable distance from the Smith's residence. His visits increased after April 1999, when he was assigned to patrol an area that included the Smith's residence. During this time, he often visited Ms. Sturtz when her parents were not at home. On May 27, 1999, Mr. Rendon stopped at the Smith's residence at a time when Ms. Sturtz was alone. Mr. Rendon and Ms. Sturtz sat on the porch for a while, talking. During this conversation, Ms. Sturtz told Mr. Rendon that she had a "crush" on him. Ms. Sturtz and Mr. Rendon subsequently entered the house, where Mr. Rendon asked Ms. Sturtz what she would do if he kissed her; Ms. Sturtz told him that she would probably kiss him back. Ms. Sturtz's back was against the wall inside the door, and Mr. Rendon held Ms. Sturtz's hands over her head; he kissed her; asked her to stick out her tongue so that he could suck on it; ran his hands down the sides of her body, grazing the sides of her breasts; lifted her skirt; licked and kissed the area around her navel; and stuck his tongue in her navel. Ms. Sturtz became frightened and asked Mr. Rendon to stop, which Mr. Rendon did. Ms. Sturtz observed that Mr. Rendon appeared to be sexually aroused during the incident and had a wet spot on the front of his trousers. Ms. Sturtz was 14 years old at the time of this incident. Mr. Rendon was arrested on June 9, 1999, for lewd and lascivious conduct with a child under 16 years of age. On or about October 13, 2000, Mr. Rendon entered a plea of nolo contendere to two charges of misdemeanor battery, defined in Section 784.03, in the Circuit Court of the Fifth Circuit in Lake County, Florida. These charges were based on the incident involving Ms. Sturtz that took place at the Smith residence on May 27, 1999. A judgment was entered adjudicating Mr. Rendon guilty of these crimes. The evidence presented by the Commission is sufficient to establish that Mr. Rendon failed to maintain good moral character. He touched Ms. Sturtz in a lewd and lascivious manner on May 27, 1999, and his actions also constituted misdemeanor battery.2
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Criminal Justice Standards and Training Commission enter a final order finding that David Rendon failed to maintain good moral character, as required by Section 943.13(7), Florida Statutes (1999), and that his certification as a law enforcement officer should be revoked. DONE AND ENTERED this 30th day of June, 2005, in Tallahassee, Leon County, Florida. S PATRICIA M. HART Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 30th day of June, 2005.
The Issue The issue in this case is whether Respondent, Joe L. Wheeler, committed the violations alleged in an Administrative Complaint issued by Petitioner, the Department of Law Enforcement, Criminal Justice Standards and Training Commission, and dated November 16, 2005, and, if so, what disciplinary action should be taken against him.
Findings Of Fact The Commission is charged with the responsibility for, among other things, certifying individuals for employment or appointment as a law enforcement officer and investigating complaints against individuals holding certificates as law enforcement officers in the State of Florida, pursuant to Section 943.3195, Florida Statutes. At the times pertinent to this matter, Respondent, Joe L. Wheeler, was certified by the Commission as a law enforcement officer, having been issued Law Enforcement Certificate Number 169035 on December 11, 1996. He was employed with the Hollywood Police Department. At the times relevant to this matter, Mr. Wheeler was married to Donna Wilson-Wheeler. They were married in April 1996. They divorced in November 2004, after the events at issue in this matter. On June 11, 2003, Mr. Wheeler and Ms. Wilson-Wheeler lived together, along with four children: Vaughn Mitchell, who was 17 years of age at that time; S.M, who was 13 years of age at that time; J.W., who was five years of age at that time; and Jo. W., who was 12 years of age at that time. Vaughn Mitchell and S.M. are Ms. Wilson-Wheeler's sons from a previous marriage; J.W. is the daughter of Mr. Wheeler and Ms. Wilson-Wheeler; and Jo. W. is Mr. Wheeler's son. During the evening of June 11, 2003, Mr. Wheeler, Ms. Wilson-Wheeler, and all four children were in the family residence. At approximately 7:00 p.m., an argument began between Mr. Wheeler and Ms. Wilson-Wheeler in a downstairs room. Following the verbal altercation, which was over a video camera that Ms. Wilson-Wheeler had purchased for Mr. Wheeler, Mr. Wheeler went upstairs. Shortly after Mr. Wheeler went upstairs, Ms. Wilson- Wheeler, concerned about whether Mr. Wheeler would take her cellular telephone out of her purse, which she had left in the master bedroom, also went upstairs. When Ms. Wilson-Wheeler walked into the master bedroom, not finding her cellular phone in her purse, she confronted Mr. Wheeler, who was in the master bedroom bathroom. Ms. Wilson-Wheeler accused Mr. Wheeler of taking her cellular phone, which Mr. Wheeler denied. Ms. Wilson-Wheeler continued to accuse Mr. Wheeler, demanding that he return the phone. Both were angry and the "discussion" was heated. Ms. Wilson-Wheeler, angry over her husband's denials, went to a desk in the bedroom and picked up a camera used by Mr. Wheeler and offered it in exchange for her phone. Mr. Wheeler angrily demanded she give him the camera, and she complied because she "knew now that he was ticked off." Ms. Wilson-Wheeler told Mr. Wheeler that she would just have the telephone service provider turn her phone off and went to retrieve her purse from the bed. As she did so, Mr. Wheeler said, "Here's your phone in the bathroom where you left it." Ms. Wilson-Wheeler went to the bathroom to retrieve the phone. Believing that she had not left the phone there, she told Mr. Wheeler, "You took it out." She also told him that she guessed he was still angry about the video camera. Mr. Wheeler replied, "Fuck you, fuck you" and told her he could buy his own camera, to which Ms. Wilson-Wheeler said, "Good." As the verbal sparing continued, Mr. Wheeler lost control and grabbed Ms. Wilson-Wheeler, who was facing the bathroom sink, by the neck with his left hand and punched her hard in the head with his right fist. His grip on her throat was tight enough to restrict her breathing. After punching her, Mr. Wheeler kicked Ms. Wilson- Wheeler's legs out from under her, causing her to fall to the bathroom floor. Mr. Wheeler pinned Ms. Wilson-Wheeler on the floor with his knee and, while cursing her, continued to punch her in the face and head, causing her head to strike the bathroom floor. Mr. Wheeler continued to choke Ms. Wilson-Wheeler while he hit her, causing her to have difficulty breathing. She began to fear that she would lose consciousness. The children, who were downstairs when Mr. Wheeler first struck Ms. Wilson-Wheeler and heard the commotion, ran upstairs to see what was happening. Vaughn came into the bathroom and, as Mr. Wheeler held his fist above Ms. Wilson- Wheeler ready to strike her again, he grabbed Mr. Wheeler's fist. Jo. W. also entered the bathroom yelling at his father to stop. S.M. entered the room, pleading with his mother to get up. Mr. Wheeler, when Vaughn grabbed him, got up off the floor and, with Vaughn attempting to restrain him, told Vaughn he would not hurt Ms. Wilson-Wheeler anymore. Mr. Wheeler's attack on Ms. Wilson-Wheeler caused visible bruises and swelling to her face, right arm, and left leg. She also had scratches on her neck, arm, and legs as result of the battery. Ms. Wilson-Wheeler, picked up the telephone to call 911, but, when Mr. Wheeler threatened to kill her, did not make the call. Instead, she left the house. Although she considered driving to a police station to report the incident, she did not because of fear of what Mr. Wheeler would do to her. Eventually she drove to a nearby store, after picking up S.M., and had him go into the store to purchase a disposable camera. She then had S.M. take photographs, which were admitted into evidence, of the injuries caused by Mr. Wheeler. Ms. Wilson-Wheeler eventually returned to the family home. She spent the night in her daughter's room. The next day, Ms. Wilson-Wheeler attempted to discuss family finances with Mr. Wheeler, who was lifting weights in the garage. Mr. Wheeler became angry, cursed her, and repeated his threat to kill her. On June 18, 2003, after a dispute over the telephone, Ms. Wilson-Wheeler told Mr. Wheeler that she was going to report the incident. She was later told by her son that police officers were at the house with Mr. Wheeler. She immediately left her place of employment and went to the Pembroke Pines Police Department where she reported the June 11th incident. On June 19, 2003, Ms. Wilson-Wheeler sought a domestic violence injunction against Mr. Wheeler. The State Attorney's Office charged Mr. Wheeler in Broward County Court Case No. 03-21011MM10A with criminal misdemeanor battery based upon the events of June 11, 2003. On December 2, 2004, a jury returned a verdict finding Mr. Wheeler guilty of committing the criminal misdemeanor battery he had been charged with. Adjudication was withheld, and Mr. Wheeler was sentenced to a term of probation. On December 29, 2004, Mr. Wheeler resigned from employment with the Hollywood Police Department.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered by the Commission finding that Joe L. Wheeler, violated Sections 943.13(7), and 943.1395(7) Florida Statutes (2003); dismissing the allegation that he violated Section 943.1395(6); and revoking his certification. DONE AND ENTERED this 8th day of November, 2006, in Tallahassee, Leon County, Florida. S LARRY J. SARTIN Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 8th day of November, 2006. COPIES FURNISHED: Joseph S. White, Esquire Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Joe L. Wheeler Michael Ramage, General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michael Crews, Program Director Division of Criminal Justice Professionalism Services Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
The Issue The issue is whether Respondent is guilty of failing to maintain good moral character and, if so, what penalty should be imposed.
Findings Of Fact Petitioner issued Respondent law enforcement certificate number 102033 on December 3, 1989. Respondent has remained certified continuously since that date. Respondent's law enforcement experience includes a related assignment while serving in the United State Marine Corps. He then worked as a deputy sheriff and police officer in Los Angeles, California. In 1989, Respondent was employed by the Tampa Police Department for three or four months, and, in 1990, he was employed by the Cocoa Police Department for two years. For the last seven years, Respondent has been employed outside of law enforcement; currently, he is a sales manager at a Chevrolet dealership in Cocoa. While working for the Cocoa Police Department, Respondent continued to reside in the Tampa area, where his wife and three children also resided. On November 20, 1991, pending the later entry of a final dissolution decree, a circuit judge in Tampa entered an Injunction for Protection from Domestic Violence. The injunction ordered Respondent and his then-wife "from entering the dwelling, or from entering upon the curtilage of the dwelling of the other . . .." The injunction warned that an "intentional violation" of its provisions "shall constitute contempt of court, punishable by incarceration and/or fine." Respondent was six feet tall and 220 pounds, and his then-wife was five feet, three inches tall and 115 pounds. On December 11, 1991, Respondent intentionally entered the driveway of the townhouse at which his then-wife was residing. A sheriff's deputy responding to a telephone call from Respondent's then-wife saw her in the driver's seat of her vehicle, parked in the driveway, and Respondent standing next to her holding the top of the door, so as to prevent her from closing the door. Respondent and his then-wife were arguing. The deputy arrested Respondent. A judge revoked bail on various criminal charges arising out of an earlier altercation between Respondent and his then-wife. Respondent remained in jail for 18 months awaiting trial on these charges. At trial, he was acquitted of all but two charges--trespassing and battery for grabbing the hands of his then-wife--but the court withheld adjudication of guilt on these charges.
Recommendation It is RECOMMENDED that the Criminal Justice and Training Commission enter a final order finding Respondent guilty of failing to maintain good moral character and reprimanding his certificate. DONE AND ENTERED this 29th day of July, 1999, in Tallahassee, Leon County, Florida. ROBERT E. MEALE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 29th day of July, 1999. COPIES FURNISHED: Michael Ramage, General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489 A. Leon Lowry, II, Director Division of Criminal Justice Standards and Training Commission Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489 Richard D. Courtemanche, Jr. Assistant General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489 David Barnard Post Office Box 360971 Melbourne, Florida 32936-0971
The Issue Whether Respondent's conduct evidenced lack of "good moral character" as alleged in the Administrative Complaint.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing, the following Findings of Fact are made: Respondent has two certifications: Correctional (No. 188545) issued on December 13, 1999; and Law Enforcement (No. 192621) issued on July 27, 2000. At the times relevant to the allegations of impropriety in the Administrative Complaint, Respondent was a law enforcement officer with the Kissimmee, Florida, Police Department. On or about July 13, 2007, while sleeping over at the minor victim's father's residence, Respondent picked up S.R., a 15-year-old child, put her into a bed and straddled her, holding her wrists with one hand while sliding his other hand over the side of her body. He then "nuzzled" or "sucked" on her neck and ear while S.R. struggled underneath him. Respondent "jumped" or "flinched back" when S.R.'s younger sister came back into the room, while S.R. continued to struggle with Respondent. The younger sister of S.R. was in the bathroom and heard S.R. call out. When she ran into the bedroom, Respondent jumped off of the bed, and the younger sister saw S.R. jump off of the bed and get into a second bed in the room. The younger sister also noticed that S.R. was "scared." S.R. sat "quietly and cried" while telling Krista Davis, her father's girlfriend that "while her little sister . . . was in the bathroom, . . . Leo had gotten on top of her in her bed and started to kiss her down her neck and on her ear . . . and rubbed the side of her body."
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent, Leonardo Martinez, be found guilty of failure to maintain good moral character as required by Subsection 943.13(7), Florida Statutes; and that his certifications as a correctional and law enforcement officer be revoked. DONE AND ENTERED this 12th day of November, 2009, in Tallahassee, Leon County, Florida. S JEFF B. CLARK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 12th day of November, 2009. COPIES FURNISHED: Michael Crews, Program Director Division of Criminal Justice Professionalism Services Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michael Ramage, General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Sharon S. Traxler, Esquire Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Leonardo Martinez
The Issue The issue presented is whether Respondent is guilty of the allegations contained in the Administrative Complaint filed against him, and, if so, what disciplinary action should be taken against him, if any.
Findings Of Fact Respondent, Melvin Roberts, was born on July 14, 1967. He was certified by the Criminal Justice Standards and Training Commission on March 1, 1993, and was issued correctional certificate numbered 151525. Respondent has been employed as a certified correctional officer with the Florida Department of Corrections since January 29, 1993. On October 28, 1994, Officer Elise Dillard-Gonzalez of the Miami-Dade Police Department was working as part of an undercover prostitution sting at Southwest 8th Street and 69 Avenue. At approximately 11:10 p.m., Respondent, who was alone, pulled over to the curb and motioned to her to approach his vehicle. When she did, he requested a "fuck for $20." She signaled to the undercover officers across the street, and Respondent was arrested for soliciting prostitution, in violation of Section 796.07, Florida Statutes. On November 10, 1994, Officer Sonja Crespo of the City of Miami Police Department was working as part of an undercover prostitution sting at Biscayne Boulevard and Northeast 73rd Street in Miami. Respondent, who was alone, approached her and gestured at her by placing a finger on one hand through a circle made by the fingers on his other hand. When she went over to Respondent's vehicle, he offered her $20 for a "fuck." She signaled to other near-by police officers, and Respondent was arrested for soliciting prostitution, in violation of Section 796.07, Florida Statutes. Rather than going forward on the charges for the two arrests, the State Attorney's Office agreed to place Respondent in some type of pre-trial diversionary program. Respondent was suspended from his employment with the Florida Department of Corrections for 10 consecutive days beginning April 17, 1995, for failing to report his arrests to his employer within 3 days and for being arrested, conduct unbecoming a correctional officer. Other than the October and November 1994 arrests, Respondent has not been arrested. Other than the disciplinary action imposed in April 1995, Respondent has had no disciplinary action taken against him as a correctional officer for the State of Florida. The superintendent at the Dade Correctional Institution where Respondent is employed considers Respondent to be a good employee and would like to continue Respondent's employment.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding Respondent guilty of the allegations contained in the Administrative Complaint filed against him, finding mitigating factors to be present, and suspending Respondent's certification as a correctional officer for 20 days. DONE AND ENTERED this 7th day of May, 1999, in Tallahassee, Leon County, Florida. LINDA M. RIGOT Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 7th day of May, 1999. COPIES FURNISHED: James D. Martin, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 H. R. Bishop, Jr., Esquire 300 East Brevard Street Tallahassee, Florida 32301 A. Leon Lowry, II, Program Director Division of Criminal Justice Professionalism Services Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michael Ramage, General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
