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Fired Fire Fighter Sues Daytona Beach Police For False Arrest


Arresting Officer Sent Email To Defendant's Employer


Updated
May 16, 2019
“Before you embark on a journey of revenge, dig two graves.” ~ Confucius
The Importance Of Probable Cause
In Each And Every Arrest


As was highlighted within a May 12, 2019 Daytona Beach News Journal article, during Bike Week in March 2017, Daytona Beach Police Officer Shawn Clark arrested Martin County Fire Fighter-Paramedic Lewis Smith for the misdemeanor charge of disorderly conduct.

Normally, this arrest would have blended in with all the other similar arrests that transpire over any given Bike Week.

What makes this arrest stand out - is what Officer Clark did during and after the arrest.

According to supportive documents and video evidence (see right of page) - during the arrest, Officer Clark promised to "bury" Lewis by calling his fire chief and making him aware of the arrest.



CLARK: "Well, you are going to jail now and I’m going to call your (expletive deleted) fire chief and tell him how much of an (expletive deleted) you are!”

CLARK: “No, you did, you did, you did, because I’m going to (expletive deleted) bury you now,”



After the arrest, and as supported by Clark's March 21, 2017 email, Clark followed through with his promise / threat to make contact with Lewis' employer.

Lewis' employer terminated his employment.

So, the question arises, was Lewis' arrest in response to his alleged disorderly conduct, OR was the arrest made, in order to facilitate Officer Clark's desire to contact Lewis' employer? If the arrest was for the latter reason, then Lewis may indeed have a false arrest claim against the Daytona Beach Police Department (DBPD).

Court records confirm that Lewis has filed a false arrest claim against DBPD.

Court records also indicate that two months after Lewis' arrest, the local State Attorney's Office dropped their criminal prosecution of Lewis.

Going Off The Law Enforcement Reservation


From our review of the records, with special attention given to the arrest video, Officer Clark went off the reservation in the arrest of Mr. Lewis. Officer Clark's comments during the arrest were unprofessional, which insinuates that Clark was focused on arresting Lewis regardless of whether probable cause existed for the arrest.

Even if this publication gives Clark the benefit of the doubt attached to the arrest, his email to Lewis' employer took him far afield of well established law enforcement boundaries. (Our Opinion)

Form Your Own Opinion


Now that we have provided you with our OPINION, together with the documents / video evidence in support of that OPINION - we invite you to review all of the information provided, so that you may form YOUR OWN OPINION.

Stand by to stand by - there is surely more to come of this.

We look forward to your comments on this situation.

Drop us a line to let us know what you think.


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Police Body Cam Of
Lewis Smith's Arrest

As Posted By
The Daytona Beach News Journal

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Arrest Report On Lewis Smith

Click Below Text To Open
As A PDF Document



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State Attorney Refuses
To Prosecute

Click Below Text To Open
As A PDF Document



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Ofc. Clark's Email To Defendant's Employer

Click Below Text To Open
As A PDF Document



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Lewis' Lawsuit Against The Daytona Beach PD

Click Below Text To Open
As A PDF Document



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