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"I'll Fill You Full Of Holes" Volusia Beach Patrol Officer Suspended Under Allegations Of Threatening A Citizen. Is This Yet Another Moral Character Violation That Went Unreported To State Officials? |
July 28, 2014 |
"Police throughout the United States have been caught fabricating, planting, and manipulating evidence to obtain convictions where cases would otherwise be very weak. Some authorities regard police perjury as so rampant that it can be considered a "subcultural norm rather than an individual aberration" of police officers."
Gordon Lightfoot - Sundown
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Officer Joshua Marlett Suspended BUT Not Reported To The CJSTC Based on a completed June 2014 Beach Patrol internal affair investigation - Beach Patrol Officer Joshua Marlett was suspended for 36 hrs (3 - 12 hr shifts) for theatening a citizen (Daniel Lowry) with bodily harm. Apparently, Lowry had been observed by neighbors, trespassing on to Marlett's property, where his wife and children resided. Upon notification of the trespassing, Marlett approached Lowry while wearing his complete Beach Patrol uniform, including side arm, threatening to "fill him (Lowry) full of holes" should he again tresspass on to the Marlett homestead. (Marlett denies the wordage) The Beach Patrol internal affairs investigation concluded that Ofc. Marlett had violated Volusia County Merit Rule 86-453(8) "Criminal, dishonest or other conduct which interferes with effective job performance or has an adverse effect on the efficiency of county service." VolusiaExposed holds the opinion that Ofc. Marlett was also in probable violation of Florida criminal statute 784.011 - assault. 
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The Ofc. Joshua Marlett Investigation Scroll Down To View IA-2014-323 A VERY LARGE file, allow time to download                   |
Within the State of Florida, moral character standards for law enforcement and correctional officers are defined within Florida Administrative Code 11B-27.0011
While it was fortunate for Ofc. Marlett, that Mr. Lowry did not wish to pursue criminal charges, this does not relieve county officials of their responsibilities of reporting such sustained misconduct to the Criminal Justice Standards and Training Commission (CJSTC).
The CJSTC is to law enforcement, as the Florida Bar is to attorneys. The CJSTC has the authority to de-certify any law enforcment or correctional officer. Without CJSTC certification - the officer is unable to be employed as an officer within the State of Florida.
According to the mandates of FAC11B-27.0011 - certain sustained criminal behavior MUST be reported to the CJSTC - regardless of whether the subject officer was criminally prosecuted.
A sustained violation of F.S. 784.011 - assault would mandate the reporting of a sustained moral character violation to the CJSTC.
The CJSTC 78 form is the reporting document, used by any law enforcement agency, to advise CJSTC of a sustained moral character violation. Per CJSTC rules - ONLY sustained moral character violations (as defined in FAC11B-27.0011) must be reported to them. Any mere violations of the law enforcement agency's policies do NOT require the advisement of the CJSTC.
Ofc. Marlett's CJSTC 78 form sustains only agency (Beach Patrol) policy violations - no moral character violations were sustained (see section 11 of the form). Therefore, Marlett's CJSTC 78 form was NOT required to be forwarded to the CJSTC - but, merely placed within Marlett's internal Beach Patrol personnel file.
VolusiaExposed suspects that the Marlett investigation is yet another example of a law enforcement agency relegating moral character violations as mere agency policy violations, thus circumventing the mandatory reporting of moral character violations to the CJSTC.
VolusiaExposed has posted several examples of law enforcement agencies circumventing this mandatory reporting requirement of the CJSTC. Please review one of our most recent articles on this topic.
http://volusiaexposed.com/fdle/nickcox.html
VolusiaExposed also invites our readers to review the below linked Sarasota Herald-Tribune articles that also highlight the failures and manipulations of the CJSTC process.
While Ofc. Marlett avoided a possible criminal prosecution, and a probable CJSTC review - based on the finding of the internal affairs investigation, we (VolusiaExposed) have added him to our Brady List of questionable law enforcement officers.
While it was fortunate for Ofc. Marlett, that Mr. Lowry did not wish to pursue criminal charges, this does not relieve county officials of their responsibilities of reporting such sustained misconduct to the Criminal Justice Standards and Training Commission (CJSTC).
The CJSTC is to law enforcement, as the Florida Bar is to attorneys. The CJSTC has the authority to de-certify any law enforcment or correctional officer. Without CJSTC certification - the officer is unable to be employed as an officer within the State of Florida.
According to the mandates of FAC11B-27.0011 - certain sustained criminal behavior MUST be reported to the CJSTC - regardless of whether the subject officer was criminally prosecuted.
A sustained violation of F.S. 784.011 - assault would mandate the reporting of a sustained moral character violation to the CJSTC.
The CJSTC 78 form is the reporting document, used by any law enforcement agency, to advise CJSTC of a sustained moral character violation. Per CJSTC rules - ONLY sustained moral character violations (as defined in FAC11B-27.0011) must be reported to them. Any mere violations of the law enforcement agency's policies do NOT require the advisement of the CJSTC.
Ofc. Marlett's CJSTC 78 form sustains only agency (Beach Patrol) policy violations - no moral character violations were sustained (see section 11 of the form). Therefore, Marlett's CJSTC 78 form was NOT required to be forwarded to the CJSTC - but, merely placed within Marlett's internal Beach Patrol personnel file.
VolusiaExposed suspects that the Marlett investigation is yet another example of a law enforcement agency relegating moral character violations as mere agency policy violations, thus circumventing the mandatory reporting of moral character violations to the CJSTC.
VolusiaExposed has posted several examples of law enforcement agencies circumventing this mandatory reporting requirement of the CJSTC. Please review one of our most recent articles on this topic.
http://volusiaexposed.com/fdle/nickcox.html
VolusiaExposed also invites our readers to review the below linked Sarasota Herald-Tribune articles that also highlight the failures and manipulations of the CJSTC process.
While Ofc. Marlett avoided a possible criminal prosecution, and a probable CJSTC review - based on the finding of the internal affairs investigation, we (VolusiaExposed) have added him to our Brady List of questionable law enforcement officers.
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