The Issue The issues in the case are whether the allegations set forth in the Administrative Complaint filed against the Respondent are true, and, if so, what penalty should be imposed.
Findings Of Fact Petitioner is the state agency charged with the responsibility for certification of correctional officers within the State of Florida. Respondent holds Correctional Certificate No. 200857, issued to her by Petitioner. Shortly after 2:00 a.m., on January 8, 2005, Corporal Andrew Markham of the City of Sebring Police Department was dispatched to the scene of a reported traffic crash at the intersection of Center Street and Northeast Lakeview Drive in Sebring, Florida. Corporal Markham found no vehicles in the intersection or any evidence of a crash there. Adjacent to the intersection, in the parking lot of the Sebring Public Library, Corporal Markham saw a car with its brake lights illuminated. He approached the car to determine whether the occupants could provide any information about the reported traffic accident. Corporal Markham observed that the front of the car was damaged from its collision with a low barrier wall that bordered the parking lot. The windshield was also damaged from what Corporal Markham concluded was the impact of the occupants' heads with the windshield when the car hit the barrier. When Corporal Markham approached the car, he saw Respondent exit the driver's seat and begin to walk away. Corporal Markham stopped Respondent to speak with her. Respondent had blood on her face, as did the other occupant of the car. At the time of the incident, Respondent denied being the driver of the car. At the hearing, Respondent admitted that she was the driver. During his conversation with Respondent at the scene, Corporal Markham smelled the odor of alcohol on Respondent, noted that she was unsteady, and that her eyes were red. When Corporal Markham asked Respondent to take field sobriety tests, she continued to insist that she was not the driver of the car and would not take the tests. Based on his observations at the scene, his training, and his 13 years of experience as a police officer, Corporal Markham believed Respondent was under the influence of alcoholic beverages to the extent that her normal faculties were impaired. Therefore, he arrested Respondent for the offense of driving under the influence of alcohol. Corporal Markham first transported Respondent to the Highlands County Medical Center to receive treatment for her injury. At the Medical Center, Respondent refused medical treatment, and Corporal Markham transported her to the Highlands County Jail. At the jail, Respondent was taken to the area where breath tests are conducted. Corporal Markham read Respondent the "Implied Consent" that informed her that if she refused to take the test, she could lose her driving privilege for up to one year. Respondent refused to take a breath test at the jail. Deputy Loran Danielson of the Highlands County Sheriff's Office was the officer on duty to conduct the breath tests at the jail. When Deputy Danielson met Respondent, he noted that her breath smelled strongly of alcohol, her eyes were bloodshot, her speech was slurred, and she was unsteady on her feet. Based on his observations of Respondent, his training, and his 10 years of experience as a Deputy Sheriff, Deputy Danielson was of the opinion that Respondent was under the influence of alcoholic beverages to the extent that her normal faculties were impaired. During the time that Deputy Danielson talked to Respondent, she told him that she had consumed "many" drinks, and if she took the breath test, it would show "I'm drunk." On September 27, 2004, less than four months before the incident at issue in this case, Petitioner issued Respondent a Letter of Acknowledgement for an earlier driving under the influence (DUI) violation by Respondent. At the hearing, Respondent admitted that she had "a few drinks" with friends at a bar just prior to her arrest, but she denied that she was intoxicated. Respondent said the crash occurred because she had taken her eyes off the road to speak to passengers in the back seat. Respondent said she refused to take the field sobriety tests or the breath test at the jail because she was scared. Respondent explained that one term of her probation for the prior DUI conviction was that she was not to drink alcohol. Respondent expressed remorse for her behavior on January 8, 2005, and claimed she has stopped drinking alcohol. Respondent stated that her career as a correctional officer is very important to her, and she requested another opportunity to prove she is a responsible person and capable correctional officer.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner Department of Law Enforcement, Criminal Justice Standards and Training Commission, enter a final order finding that Respondent Tena D. Grant failed to demonstrate good moral character as required by Subsection 943.13(7), Florida Statutes, and ordering that her certification as a correctional officer be revoked. DONE AND ENTERED this 4th day of April, 2006, in Tallahassee, Leon County, Florida. S BRAM D. E. CANTER 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 4th day of April, 2006.
The Issue The issue presented here concerns the question of the entitlement of Petitioner to be granted certification as a law enforcement officer under the provisions of Section 943.13, Florida Statutes, and Chapter 11B-16, Florida Administrative Code. In particular, the matter to be determined deals with the propriety of the denial of certification in the face of an arrest and conviction of Petitioner for a felony offense, which allegedly would cause the Petitioner to be rejected as an applicant for certification. The denial of licensure is purportedly in keeping with the dictates of Subsection 943.13(4), Florida Statutes.
Findings Of Fact Petitioner had made application to be certified as a law enforcement officer in the State of Florida, in keeping with the terms and conditions of Subsection 943.13, Florida Statutes. See Respondent's Exhibit No. 1, admitted into evidence. Petitioner has completed all administrative requirements for such licensure; however, he has been denied licensure based upon his arrest, a finding of guilt and judgment and sentence related to a charge of conspiracy to transport a stolen vehicle in Interstate Commerce and Foreign Commerce from New York, New York, to Miami, Florida, and from Miami, Florida, to Havana, Cuba, knowing that the motor vehicle had been stolen. This offense related to Title XVIII, Sections 2312 and 2371, U.S.C., in an action in the United States District Court for the Southern District of Florida, Case No. 8519-M-CR. For these matters the Petitioner was imprisoned for a period of two (2) years on two (2) counts of the indictment, Counts 3 and 6. The sentence in those counts was to run concurrently. See Respondent's Exhibit No. 2, admitted into evidence. Petitioner has had his civil rights restored in the State of Florida, together with his rights to own, possess and use a firearm. Federal firearms disability arising from the felony conviction have also been set aside. See Petitioner's Exhibit Nos. 1 through 3, respectively, admitted into evidence.
The Issue The issue is whether Respondent is guilty of introducing or possessing contraband on the grounds of a state correctional institution, and if so, what penalty should be imposed.
Findings Of Fact Petitioner certified Respondent as a correctional officer on October 24, 1995. Respondent holds correctional certificate number 159550. At all times material to this proceeding, Respondent was employed as a correctional officer at the Bay Correctional Facility, a state correctional institution. During her employment, Respondent had contact with Zachary Richards, an inmate at Bay Correctional Facility. On August 23, 1996, Captain Ronnie Holland spoke to Inmate Richards regarding a complaint that Inmate Richards had made disrespectful remarks about an official. In order to avoid a disciplinary report for disrespecting the official, Inmate Richards gave Captain Holland a brown paper bag on which a personal letter had been written. Inmate Richards indicated that Respondent wrote the personal letter and gave it to him. Captain Holland gave the brown paper bag to Inspector Chris Hubbard along with his report. Inspector Hubbard interviewed Inmate Richards who claimed that he and Respondent had been writing letters to each other for some time. Inmate Richards signed a sworn affidavit in support of his claim that he received the letter written on the brown paper bag from Respondent. Inspector Hubbard interviewed Respondent who denied any knowledge concerning the letter on the brown paper bag. Inspector Hubbard obtained Respondent's known handwriting samples from the portion of the master control log which she maintained during her employment. He submitted these samples along with the brown paper bag to the Florida Department of Law Enforcement laboratory for comparison. Donald G. Pribbenow is a forensic document examiner employed by the Florida Department of Law Enforcement at the Pensacola Regional Crime Laboratory. He is an expert with 17 and 1/2 years of experience in comparing handwriting samples to determine their authorship. Mr. Pribbenow examined the writing on the brown paper bag and compared it to Respondent's known handwriting samples. Mr. Pribbenow determined that the person who wrote the submitted known writings was the same person who wrote the questioned writing on the brown paper bag. The result of Mr. Pribbenow's examination is persuasive evidence that Respondent wrote the letter to Inmate Richards on the brown paper bag. On September 16, 1996, Respondent was terminated from Bay Correctional Facility for being involved in an improper relationship.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that Petitioner enter a Final Order suspending Respondent's certification as a correctional officer for a period not to exceed two years. RECOMMENDED this 31st day of December, 1997, in Tallahassee, Leon County, Florida. SUZANNE F. HOOD 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 Filed with the Clerk of the Division of Administrative Hearings this 31st day of December, 1997. COPIES FURNISHED: A. Leon Lowry, II, Director Division of Criminal Justice Standards and Training Post Office Box 1489 Tallahassee, Florida 32302 Michael Ramage, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Karen D. Simmons, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Lori DeFisher 4123 West 21st Street Panama City, Florida 32405
The Issue At issue in this proceeding is whether respondent committed the offense charged in the administrative complaint and, if so, what disciplinary action should be taken.
Findings Of Fact At all times material hereto, respondent, Frank L. Hiler, was employed as a correctional officer at the Martin Correctional Institution (MCI). Although no direct proof was offered on the issue, it is inferred that, since respondent held such a position, he was appropriately certified by the Criminal Justice Standards and Training Commission. In April 1989, the Florida Department of Law Enforcement (FDLE), at the request of the Department of Corrections (DOC), commenced an investigation to address allegations that narcotics were being smuggled into MCI. During the course of such investigation, information was developed which implicated respondent in such illegal activity. Pertinent to this case, the proof demonstrates that in June 1989, respondent, on behalf of an inmate, picked up a package containing two ounces of cannabis, commonly known as marijuana, and one or two ounces of cocaine from the inmate's wife in Miami, Florida, for delivery to the inmate at MCI. At the time respondent took possession of the narcotics he was dressed in the uniform of a correctional officer and was driving a van with the DOC logo on the side. Such narcotics were not, however, delivered to the inmate because of events that were to have occurred a day or so later. Acting on a tip that respondent might be attempting to smuggle narcotics into MCI, FDLE stopped the vehicle in which he was riding outside the complex and conducted a search. Such search uncovered a "small quantity" of marijuana in the vehicle. 1/ Respondent was then offered the opportunity to give a urine sample to test for narcotics, which he declined, but offered to do so at a later date. Respondent did not, however, return to MCI, and his employment was terminated on June 28, 1989, premised on job abandonment.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that petitioner render a final order revoking respondent's certification. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 22nd day of December 1992. WILLIAM J. KENDRICK Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of December 1992.
Findings Of Fact In 1971, Respondent became a state trooper with the Tennessee Highway Patrol. The other troopers introduced him to Mrs. Gary and advised him to use Gary's Garage for towing and wrecker service when he was working in that area, as they did, because Mrs. Gary gave the troopers gifts and allowed them to use her garage for work on their personal automobiles and provided them with free parts. Respondent became friendly with Mrs. Gary, and she began giving him clothing and food, as she did the other troopers, to show her gratitude for their calling her tow truck concern to haul away cars involved in accidents in her area. Mrs. Gary was not obligated to pay Respondent for referring cars to Gary's Garage, nor was Respondent obligated to refer cars to that garage. About the time that Respondent refused to support a political candidate endorsed by Mrs. Gary and also became involved with a new girlfriend, Mrs. Gary told Respondent to stop by her garage to pick up his Christmas present. She told him that if she were not there when he came by, his present would be in the top drawer of her desk. Respondent went to Gary's Garage to pick up his present while he was on duty. Mrs. Gary was not there, and Respondent looked in the top drawer of Mrs. Gary's desk. He found an envelope with his name on it. He took the envelope and left. He later opened the envelope and removed the three $20 bills he found in it. His hands turned green from the ink on the bills. He panicked and threw the money out the car window. Respondent received a call from the Captain telling him to return to the station. When he arrived there, the Captain asked him if he took money from Gary's Garage. When he admitted he did pick up his Christmas present, he was arrested. Based upon Mrs. Gary's allegations, Respondent was indicted on January 26, 1972, and charged with larceny and concealing stolen property in the amount of $577. Based upon the advice of his attorneys, Respondent pleaded guilty to petty larceny, a misdemeanor. On June 2, 1972, he was sentenced to a term of 11 months and 29 days, which sentence was suspended, and Respondent was placed on five years probation. With the permission of his parole officer, Respondent left Tennessee and moved to Florida. Respondent was hired by the Homestead Police Department in June or July, 1973. He attended and completed training at the police academy. On September 28, 1973, he was issued his certification as a Law Enforcement Officer by the State of Florida. Respondent worked as a Law Enforcement Officer with the Homestead Police Department for six and one-half years without receiving even a reprimand. While employed there, he completed his term of probation. In October, 1979, Respondent married a lady who was formerly married to the vice-mayor's nephew. After six weeks, she left Respondent for her exhusband. Her parents involved themselves in the marital problems and pressured the Homestead Police Department to investigate Respondent. The Chief agreed to suspend Respondent with pay while an investigation was conducted, but Respondent resigned on January 3, 1980, rather than be subjected to such politics. Charles T. Renegar has been in law enforcement for 36 years and is the Chief of Police of the Hialeah Gardens Police Department. Respondent was recommended to him by one of Respondent's former superiors at the Homestead Police Department. Respondent was employed as a Law Enforcement Officer by the Hialeah Gardens Police Department on September 22, 1980. He took the sergeant's examination on December 2, received the highest grade on the examination and was promoted to sergeant on December 17, 1980. In June, 1981, Respondent received the third highest grade on the lieutenant's examination. Respondent's certification became automatically inactivated while he was between employment by the Homestead Police Department and the Hialeah Gardens Police Department. His request for activation of his certification after he joined the Hialeah Gardens Police Department has been held in abeyance pending the outcome of this proceeding. Although Chief Renegar ran the police academy as its nighttime coordinator for 14 years, he never met a more sincere and dedicated police officer than Respondent. During the short time Respondent was working for the Hialeah Gardens Police Department, he received the Optimist Club Award as officer of the quarter. He is highly regarded in the Hialeah community. Renegar has held Respondent's sergeant's position open for him and considers Respondent in line for a lieutenant's position. Renegar flew with Respondent at his own expense to a full evidentiary hearing before the Tennessee Clemency Board. On February 19, 1982, Respondent was pardoned by the Governor of the State of Tennessee of his misdemeanor conviction of petty larceny. Respondent's guilty plea to the misdemeanor of petty larceny is the only obstacle to active recertification of Respondent's Certificate of Compliance #02-8832 by the Petitioner. The undisputed facts of the matter which resulted in Respondent's guilty plea to petty larceny involved accepting gratuities and did not involve theft, embezzlement or larceny.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, RECOMMENDED THAT: A final order be entered dismissing the Administrative Complaint against Respondent Ronald Lee Dunn and activating his Certificate Number 02-8832 as a Law Enforcement Officer in the State of Florida. DONE and RECOMMENDED this 19th day of November, 1982, in Tallahassee, Leon County, Florida. LINDA M. RIGOT, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 19th day of November, 1982. COPIES FURNISHED: Percy W. Mallison, Jr., Esquire Department of Legal Affairs The Capitol, Suite 1601 Tallahassee, Florida 32301 Terrence J. McWilliams, Esquire 1999 SW 27th Avenue Miami, Florida 33145 G. Patrick Gallagher, Director Criminal Justice standards and Training Commission 408 North Adams Street Post Office Box 1489 Tallahassee, Florida 32302 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DEPARTMENT OF LAW ENFORCEMENT CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION, Petitioner, vs. CASE NO. 81-3053 RONALD LEE DUNN, Respondent. /
The Issue This is a case in which, by Administrative Complaint served on Respondent on September 17, 1985, the Criminal Justice. Standards And Training Commission seeks to revoke Certificate Number 502-3415, which was issued to Respondent on November 5, 1982. As grounds for the proposed revocation it is asserted that Respondent lacks good moral character and is therefore in violation of Section 943.1395(5), Florida Statutes.
Findings Of Fact Based on the admissions and stipulations of the parties, on the exhibits received in evidence, and on the testimony of the witnesses at the formal hearing, I make the following findings of fact. The Respondent was certified by the Criminal Justice Standards And Training Commission on November 5, 1982, and was issued Certificate Number 502-3415. During December of 1984 and January of 1985, the Respondent was employed as a correctional officer at the Polk Correctional Institution. On January 29, 1985, Polk County Sheriff's Deputy Lawrence Annen and Department of Corrections Inspector Clayton Lambert served a search warrant and conducted a search inside the Polk County, Florida, residence of the Respondent and his wife. Upon the arrival of Deputy Annen and Inspector Lambert at the Respondent's home on January 29, 1985, the Respondent was present and was advised of the warrant and of his constitutional rights under the Miranda decision. The Respondent indicated that he understood his rights. Subsequent to the foregoing, the Respondent led then Deputy and the Inspector to a quantity of cannabis, which was present inside Respondent's residence. The Respondent pointed out the cannabis and stated "here it is" and "this is all I have." During the execution of the search warrant, the Respondent also stated that he and his wife had purchased the marijuana for $25 an ounce or baggie. The cannabis was seized by Deputy Annen as evidence and was later submitted to the Florida Department of Law Enforcement crime laboratory for analysis. It was confirmed by scientific analysis to be 9.1 grams of cannabis. On January 31, 1985, the Respondent was again advised of his constitutional rights under the Miranda decision by Inspector Lambert. The Respondent thereafter admitted smoking cannabis because it relaxed him and admitted giving his wife money with which to buy cannabis. The Respondent readily admitted, during the course of the formal hearing in this case, that he had unlawfully possessed and used cannabis and had furnished the funds for his wife to purchase cannabis. The Respondent was adjudged guilty, on March 20, 1985, as to the criminal charge of Possession of Less Than Twenty Grams of Cannabis before the County Court, in and for Polk County, Florida.
Recommendation For all of the foregoing reasons, it is recommended that the Criminal Justice Standards And Training Commission issue a Final Order revoking Respondent's Certificate Number 502-3415. DONE AND ORDERED this 16th day of May, 1986, at Tallahassee, Florida. MICHAEL M. PARRISH, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 16th day of May, 1986. APPENDIX The following are my specific rulings on each of the proposed findings of fact submitted by the parties. Findings proposed by Petitioner Paragraph 1 of the Petitioner's proposed findings consists of a summary of the procedural history of this case. It is rejected as a finding of fact, but is incorporated in substance into the introductory information in this Recommended Order. The following paragraphs of Petitioner's proposed findings are all accepted with a few minor editorial changes: 2, 3,-4, 5, 6, 7, 8, 9, 11, and 12. The substance of paragraph 10 of Petitioner's proposed findings is accepted with the deletion of unnecessary subordinate details. Findings proposed by Respondent The Respondent did not file any proposed findings of fact. COPIES FURNISHED: Joseph S. White, Esquire Office of General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Mr. Harry C. Frier Post Office Box 2062 Lakeland, Florida 33802 Daryl G. McLaughlin, Director Criminal Justice Standards And Training Commission Department of Law Enforcement P. O. Box 1489 Tallahassee, Florida 32302 Robert R. Dempsey, Executive Director Department of Law Enforcement P. O. Box 1489 Tallahassee, Florida 32302
The Issue The issues in this case are whether Respondent violated Subsections 943.1395(6), 943.1395(7), and 943.13(7), Florida Statutes (2005),1 and Florida Administrative Code Rules 11B-27.0011(4)(a),2 11B-27.0011(4)(b), and 11B-20.0012(2)(f),3 and, if so, what discipline should be imposed.
Findings Of Fact Mr. Taylor was certified by the Commission on March 21, 1990 and was issued Correctional Certificate No. 75624. On May 12, 1999, Mr. Taylor was issued Instructor Certificate No. 212961. On August 7, 2005, Mr. Taylor went to the house where his sister, Michelle Taylor (Ms. Taylor), and her boyfriend, Dean Radney (Mr. Radney), were living. Mr. Taylor owned the house and was allowing his sister to live in the house. Mr. Taylor had been drinking heavily and was intoxicated when he went to his sister’s home. An argument ensued between Mr. Taylor and Ms. Taylor. Ms. Taylor called 911 and requested the Holmes County Sheriff’s Department to intervene. Ms. Taylor felt that if she called the sheriff that Mr. Taylor would leave. Mr. Taylor did leave the house. Deputy Michael Raley came to the residence in response to Ms. Taylor’s call. When Deputy Raley arrived, James Taylor, the brother of Mr. and Ms. Taylor, was at the home. James Taylor told his sister not to press charges against Mr. Taylor. Deputy Raley asked James Taylor to leave, and James Taylor complied with the request. When Deputy Raley arrived at the home of Ms. Taylor, she was upset and told him that there had been a family dispute. Deputy Raley asked Ms. Taylor to walk him through the house, and she did. At the back door, Deputy Raley observed that the back door facing had been damaged. He saw a nine millimeter shell casing lying on the floor of a rear room. There was a bullet hole in the bathroom door and a fragmented bullet in the laundry hamper. Ms. Taylor told Deputy Raley that there was a bullet hole in the living room/kitchen area. He went to that part of the house and saw a nine millimeter shell casing lying on the kitchen floor and a hole in the window. Deputy Raley took a sworn statement from Ms. Taylor, but the statement was not submitted for introduction into evidence. Although Ms. Taylor called 911 to summon assistance, the tape of the 911 call was not submitted for introduction into evidence. At the final hearing, Ms. Taylor stated that she had just come home from a drug rehabilitation facility when Mr. Taylor came to her home, that she was under a lot of stress, and that she did not remember what happened except that she and her brother argued, and she called 911 for assistance. At the final hearing, Mr. Taylor testified that on the day of incident in question, he was too drunk to remember what happened. Other than hearsay testimony, there is no evidence to support the allegations that Mr. Taylor committed assault and battery against his sister or Mr. Radney or that he fired a gun in his sister’s home.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding that Mr. Taylor did not violate Subsections 943.1395(6), 943.1395(7), and 943.13(7), Florida Statutes, and Florida Administrative Code Rules 11B-27.0011(4)(a), 11B-27.0011(4)(b), and 11B-20.0012(1)(f), and dismissing the Administrative Complaint. DONE AND ENTERED this 3rd day of January, 2008, in Tallahassee, Leon County, Florida. S SUSAN B. HARRELL 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 3rd day of January, 2008.
Findings Of Fact Mitchell was certified by the Criminal Justice Standards and Training Commission on May 8, 1992, and was issued Certificate No. 37-91-502-01. On April 20, 1992, Mitchell applied for a position with the Sumter Correctional Institution. The employment application asked if the applicant has ever been convicted of a felony or first degree misdemeanor. Mitchell answered "No" and certified that his answers were true, correct and complete. Mitchell also had to file a supplemental application which asks the applicant to list all arrests or convictions, including sealed records. Mitchell filled in N/A. Mitchell again attested that there were no willful misrepresentations, omissions, or falsifications in the supplemental application. Mitchell admits to having been arrested for involuntary battery on June 18, 1964; to having been arrested for strong-armed robbery on May 10, 1965; to having been arrested for disorderly conduct on December 1, 1965; to having been arrested for burglary on January 19, 1966; to having been arrested for deceptive practices on June 15, 1966; to having been arrested for purse-snatching on August 15, 1968; and to having been arrested for attempted deceptive practices on August 27, 1968. All these arrests for various misdemeanors and felonies occurred in Illinois. Mitchell admits not having divulged the arrests from Illinois on his employment application to Sumter Correctional Institution, but he claims that the omission of his arrest history on the employment application was not willful. He further claims that he chose not to list the arrest for deceptive practice on September 28, 1966, because, even though he was sentenced to a year in jail, he was granted a retrial and was cleared. Mitchell also says that he thought he was seventeen when he was arrested in 1962 and therefore did not have to list his arrests because at the time, he was a minor or youthful offender. However, he was twenty-one years old when he was arrested for the burglary and was twenty-three years old when he was arrested for purse-snatching and attempted deceptive practices. Mitchell also claims that despite his criminal history, he did not disclose the information because he had gotten other agencies to run searches of his criminal history background and those searches showed he had no criminal history in Florida. The evidence proves that Mitchell did not disclose his criminal history on the applications because he did not think the criminal history would show up if the agency ran a background check. The rest of his claims are rejected as being unworthy of belief.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Criminal Justice Standards and Training Commission enter a Final Order suspending the correctional officer certification of Gary L. Mitchell for eighteen months to be imposed retroactively to the September 1, 1993. DONE and ENTERED this 29th day of September, 1993, in Tallahassee, Florida. DIANE K. KIESLING 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 29th day of September, 1993. APPENDIX TO RECOMMENDED ORDER, CASE NO. 93-2654 The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on the proposed findings of fact submitted by the parties in this case. Specific Rulings on Proposed Findings of Fact Submitted by Petitioner, Criminal Justice Standards and Training Commission Each of the following proposed findings of fact is adopted in substance as modified in the Recommended Order. The number in parentheses is the Finding of Fact which so adopts the proposed finding of fact: 1-4(1-4); 5-12(5); 13- 15(6); 16 & 17(7); and 19(8). Proposed finding of fact 18 is irrelevant and unnecessary. Specific Rulings on Proposed Findings of Fact Submitted by Respondent, Gary L. Mitchell Each of the following proposed findings of fact is adopted in substance as modified in the Recommended Order. The number in parentheses is the Finding of Fact which so adopts the proposed finding of fact: 2(1); 3(1); and 4(4). Proposed findings of fact 5 and 7-24 are unsupported by the credible, competent and substantial evidence. Proposed findings of fact 1 and 6 are subordinate to the facts actually found in this Recommended Order. COPIES FURNISHED: Gary L. Mitchell 26070 Hayman Boulevard Brooksville, Florida 32602 Steven G. Brady FDLE Regional Legal Advisor 400 West Robinson Street, Suite N209 Hurston Building, North Tower Orlando, Florida 32801 James T. Moore, Commissioner Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 A. Leon Lowry, II, Director Division of Criminal Justice Standards and Training Post Office Box 1489 Tallahassee, Florida 32302
Findings Of Fact Respondent Anthony G. Benjamin was certified by Petitioner on May 25, 1990, and was issued certificate number 44-90-502-02. At the time of the incident which is the subject of this proceeding, Respondent was a certified correctional officer employed by Glades Correctional Institution. On July 1, 1990, Officer Amadeo Bianchi and Officer Keith Golden were working as patrol officers with the South Bay Police Department in Palm Beach County. They received a call regarding a prowler at 188 Harrell Drive. They responded to that call in a marked police car, and both officers were wearing their police uniforms. Officers Bianchi and Golden arrived at approximately 3:52 a.m. and saw Respondent outside the apartment at that address. Both officers knew Respondent. They also knew that he lived in the apartment at that address and that he was employed as a correctional officer at Glades Correctional Institution. The officers proceeded to the door of the apartment and knocked. Keisha Benjamin, Respondent's wife, opened the door. Respondent walked through the open door past the police officers and his wife, heading straight for the bedroom door located to the right of the door where the police officers were standing. As Respondent proceeded toward the bedroom door, his wife was still standing at the apartment door with the police officers, explaining that she did not want Respondent there, that they had been having problems, and that he had moved out approximately a week earlier. Officer Golden watched Respondent reach the bedroom door, discover that the closed door was locked, and then kick the door open. After Respondent entered the bedroom, Officer Golden could hear the sounds of people fighting. Both police officers headed toward the bedroom door. When the two officers reached the bedroom door, they could see Respondent and another man fighting on top of the bed. The two officers entered the bedroom, each grabbing one of the fighting men from behind in order to break up the fight. Officer Bianchi grabbed Respondent. It was later determined that the individual Officer Golden grabbed was a man named Paul King, Respondent's wife's former boyfriend. Officer Golden pulled Paul King away from the fight and out into the living room area of the apartment. Golden instructed him to calm down, to stay there, and to not move. King cooperated with Officer Golden and did as he was instructed. As Officer Golden turned to walk toward the bedroom, he saw Officer Bianchi and Respondent coming out of the bedroom. They were still struggling, and Officer Bianchi was attempting to restrain Respondent from behind. At this point, Respondent and King were no more than 10-15 feet apart. Officer Bianchi turned Respondent, who could then see King on the other side of the living room area. Respondent was still enraged at King. Respondent, with Officer Bianchi trying to restrain him from behind, started toward Officer Golden, which was in the same direction as where Paul King was located. At the same time, Officer Golden started going toward Respondent. As Officer Golden met Respondent and Officer Bianchi half way across the room, Officer Golden bent forward to reach down and sweep Respondent's legs out from under him. As Officer Golden bent forward, Respondent struck him in the right eye with his closed fist, causing a small gash no more than 1/2" long under Golden's eye, which required no stitches. Officer Golden stood up, shook his head, bent forward again, and struck Respondent on the back of his legs causing Respondent to lose his balance. Respondent kept struggling with the two police officers until they handcuffed him. Officer Golden handcuffed Respondent by placing Respondent's hands behind his back. Once Officer Golden handcuffed Respondent, Officer Bianchi told Golden that Golden was bleeding and then punched Respondent in the face several times for injuring Officer Golden. Respondent was then placed under arrest. Court documents admitted in evidence indicate that Respondent was charged with battery on a police officer (Count 1) and resisting arrest with violence (Count 2). On February 21, 1991, he was found guilty of Count 1 although adjudication was withheld, was found not guilty of Count 2, and was placed on probation for 18 months. On July 17, 1991, an Order was entered as a result of a Motion for Clarification of Sentence filed by Respondent. That Order provides that the record regarding Respondent's criminal charges was amended to reflect that Respondent was guilty of battery, that adjudication was withheld, and that he was placed on probation for a period of one year.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered suspending Respondent's certification as a correctional officer for a period of 60 days. DONE and ENTERED this 22nd day of March, 1993, at Tallahassee, Florida. LINDA M. RIGOT Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of March, 1993. APPENDIX TO RECOMMENDED ORDER DOAH CASE NO. 92-3336 Petitioner's proposed findings of fact numbered 1-3, 5-11, 13-24, 28- 31, 33, and 34 have been adopted either verbatim or in substance in this Recommended Order. Petitioner's proposed findings of fact numbered 4, 12, 25, and 26 have been rejected as being unnecessary to the issues involved herein. Petitioner's proposed findings of fact numbered 27 and 32 have been rejected as not being supported by the weight of the credible evidence in this cause. COPIES FURNISHED: Dawn Pompey Whitehurst Assistant General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Mark K. Koenig, Esquire Suite 300 Pavilion 515 North Flagler Drive West Palm Beach, Florida 33401 Jeffrey Long, Director Criminal Justice Standards and Training Commission Post Office Box 1489 Tallahassee, Florida 32302 James T. Moore, Commissioner Criminal Justice Standards and Training Commission Post Office Box 1489 Tallahassee, Florida 32302
The Issue The issue to be determined is whether Respondent, Larry A. Labay, failed to maintain good moral character as alleged in the Administrative Complaint, in violation of section 943.1395(7), Florida Statutes (2010), and Florida Administrative Code Rule 11B-27.0011(4)(a) and (b). If so, then the appropriate penalty to be imposed must also be determined.
Findings Of Fact Respondent is a certified correctional officer licensed by the Criminal Justice Standards and Training Commission. He received his correctional certificate, number 285033, on July 17, 2009. Respondent was employed by the Clay County Sheriff’s Office (CCSO) from February 16, 2010, through July 18, 2011. Respondent was in a relationship with a woman named Marissa Meszaros. Their relationship began in approximately May of 2011. Ms. Meszaros was the subject of an investigation by the narcotics unit of CCSO, which believed that she might be involved in selling narcotics. A confidential informant had been used to make controlled purchases of controlled substances from Ms. Meszaros. During the course of the investigation into Ms. Meszaros, the drug task force learned that a possible CCSO employee was at the scene of some of the controlled purchases. A video recording of some of the buys showed Respondent directly in front of an illegal drug transaction. As a result, Respondent’s conduct was also investigated. On June 27, 2011, Respondent and Ms. Meszaros were observed riding in Respondent’s red 2000 Dodge pickup truck in the Orange Park area. They were observed leaving the Orange Park mall and going into an area known as a high drug-traffic area, and then south on Blanding Boulevard toward Labay’s residence. Once Respondent left Orange Park and returned from Duval County to Clay County, Detective Mark Maertz stopped Labay’s vehicle because the tag for his truck had expired. Detective Maertz was part of the CCSO’s canine unit. Once the truck was stopped, Detective Maertz deployed his dog, Rex, who alerted to the presence of narcotics. Detective Maertz requested that Respondent and Ms. Meszaros exit the car, and they did so. Ms. Meszaros was found to have crack cocaine in her bra. (A female officer dealt with her at the scene.) Also discovered were trace amounts of a green leafy substance throughout the floorboard on the driver’s side of the truck. The substance was in plain view of anyone getting into the driver’s side of car. As a result of their training and experience, both Detective Maertz, who stopped the car, and Sergeant Shawn Gordon, who actually conducted the search of the truck, recognized the substance as marijuana or cannabis, also referred to as “shake.” Respondent was detained and questioned following the traffic stop. He was questioned after being given his Miranda rights. He also gave consent to a search of his residence. At the beginning of the interview, Respondent denied ever using drugs or seeing Ms. Meszaros using drugs. However, after some questioning, Respondent admitted to giving Meszaros money to buy drugs and seeing her use them. A search of his residence resulted in the discovery of a “bong,” or pipe used to smoke marijuana, in the common bathroom, and a crack pipe in the master bedroom. The marijuana pipe was in plain view in the hall bathroom. The crack pipe was in a cigarette box on the dresser in the master bedroom. Respondent told the detectives who questioned him that they would find the drug paraphernalia in his home. The home was owned by Respondent. Ms. Meszaros had recently moved in with Respondent.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Criminal Justice Standards and Training Commission enter an Order finding that Respondent has failed to maintain good moral character as defined in rule 11B- 27.0011(4)(b) in violation of section 943.1395(7), and revoking his certification as a correctional officer. DONE AND ENTERED this 11th day of September, 2013, in Tallahassee, Leon County, Florida. S LISA SHEARER NELSON 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 11th day of September, 2013. COPIES FURNISHED: Jeffrey Phillip Dambly, Esquire Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Larry A. Labay (Address of record) Jennifer Cook Pritt, 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
