| VOLUSIA EXPOSED.COM |
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The Absurdity Of Police Internal Affairs Law Enforcement Agencies Can NOT Be Trusted To Self-Investigate |
October 26, 2021 |
THIS ARTICLE IS BEING OFFERED AS A JOURNALISTIC EDITORIAL,
NO LEGAL OPINION, OR AUTHORITY, SHOULD BE INFERRED
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Prior to diving into the facts, that are attached to the suspension of a Volusia County Sheriff lieutenant, we (VolusiaExposed) shall introduce a thoughtful question - does a systemic culture of misogyny exist within law enforcement? The recent high profile homicides of 22 year old Gabby Petito and 33 year old Sarah Everard have once again focused the international spotlight on to the failures of law enforcement, to properly handle incidents involving violence against women. In the Petito case, many have argued, that a Utah police department failed to follow a State law - requiring an arrest should domestic violence (DV) be suspected. Domestic Violence Arrest Laws By State Regardless of the law, the evidence, and the eyewitness accounts, the Utah police failed to make an arrest in the Petito DV incident - leading many to allege, that this failure directly lead to Petito's demise. WashingtonPost.Com October 2, 2021 Police mishandled ‘red flag’ of domestic violence in Gabby Petito confrontation, experts say In the Everard case, Wayne Couzens, a then London (England) police officer, misused his police authority by falsely arresting Everard under the pretence of her breaching COVID guidelines. Couzens then took Everard to a remote location - where he raped and murdered her. Six years prior to Everard's murder, Couzens was accused of indecent exposure. Again, and just a mere three (3) days prior to murdering Everard, Cousens was additionally accused of exposing himself at a South London fast food restaurant. Supporting records indicate that Couzens' police supervisors were keenly aware of these earlier allegations, but failed to fully investigate them. CNN.Com October 3, 2021 Police failures exposed by Sarah Everard murder underpin culture of misogyny in the force, activists say  Police officers form a cordon around the Clapham Common bandstand in south London on March 13, 2021, where people had gathered for the Sarah Everard vigil.
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Click Here To Review 
Lt. Sawicki's CJSTC-78 Form Click Here & Scroll Down To Review 
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The Petito & Everard matters are merely "snap shots" of a much larger "theatrical production" that is being scripted daily within police departments worldwide. Law enforcement's high tolerance for violence against women only goes to confirm the existence of an underpinning culture of misogyny within these agencies. Like racism - misogyny is a systemic AND growing problem within most law enforcement agencies. However, most law enforcement agencies are possessed by another demon - their inability to honestly self investigate themselves. Please allow us to present a few examples of this inability. Lt. Justin Sawicki Incident Last May (2021) Volusia County Sheriff Lieutenant Justin Sawicki - while off duty - was involved in an incident that transpired within neighboring Seminole and Orange counties. Within available law enforcement documents, this incident has been described as a "domestic violence" matter, additionally involving Sawicki's spouse and child. Similar to the Petito and Everard cases, this publication suspects that three (3) Florida law enforcement agencies failed to fully address criminal allegations lodged against Lt. Justin Sawicki. Only time will determine, if these failures will lead to similar tragic ends - as has occurred in the Petito and Everard matters. We sincerely hope not! According to available reports, the police departments of Lake Mary, Fl and Winter Park, Fl investigated allegations of domestic violence against Lt. Sawicki. These allegations included Sawicki holding his wife against her will (false imprisonment - not allowing his spouse to exit the vehicle when she requested to do so). Florida Statute 741.28 provides a statutory definition of domestic violence. False imprisonment is clearly within Florida's statutory definition of domestic violence. As per the investigative report - Mrs. Sawicki's statement to the police alleges that Lt. Sawicki was driving their car in a reckless manner, and at high speeds, causing her to develop safety concerns for both herself and her child. These safety concerns introduced the probable criminal violations by Lt. Sawicki of assault (F.S. 784.011) and culpable negligence (F.S. 784.05). Florida Statute 784.011 defines the crime of "assault" as "an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent". Florida Statute 784.05 defines the crime of "culpable negligence" as "whoever, through culpable negligence, exposes another person to personal injury commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083". Records indicate that officials opted not file any criminal charges against Lt. Sawicki. Instead, law enforcement officials handled this situation as a medical episode, in which, it was necessary to place Sawicki into protective custody under the Baker Act. According to Volusia County Sheriff's Office (VCSO) disciplinary records Lt. Sawicki was sanctioned with a mere sixteen (16) hour suspension. (more on this later within this article) We (VolusiaExposed.Com) allege that the VCSO, along with Seminole and Orange County officials, gave Lt. Sawicki an "easy walk" - due largely, to his ranking position within law enforcement. What Exactly Did It Sustain? Pursuant to Florida State Statute 943.1395(5) the Volusia County Sheriff's Office (VCSO) opened an internal affairs investigation regarding the Lt. Sawicki incident. The above described investigation is a statutory requirement should any law enforcement agency suspect that their officer / deputy may be in violation of Florida's "moral character standards". These police officer moral character standards are defined within Florida Administrative Code 11B-27.0011. Unfortunately for Lt. Sawicki, per Florida Administrative Code 11B-27.0011 any violations of Florida Statute 784.011 (assault) or Florida Statute 784.05 (culpable negligence) are criminal violations that equate to reportable "moral character violations" REGARDLESS whether the subject law enforcement officer is criminally prosecuted. Should the employing law enforcement agency sustain a "moral character" violation(s) - the agency MUST advise the Criminal Justice Standards And Training Commission (CJSTC) of these sustained violation(s) within forty-five days, using the standarized CJSTC-78 form (click here to review highlighted copy of a blank CJSTC 78 form). CJSTC is a sub-section of the Florida Department Of Law Enforcement (FDLE). The CJSTC has the authority to review any sustained "moral character violation(s)" and can take additional actions against the law enforcement officer (LEO) - up to revocation of the officer's / deputy's law enforcement certification. Without this certification - the officer can not legally serve as a LEO within the State of Florida. HOWEVER, AND this is important to the Sawicki matter - IF the law enforcement agency only sustains the officer's / deputy's misconduct as a mere "agency policy violation" - then the completed CJSTC-78 does not need to be forwarded to the CJSTC for further action and review. In the cases of sustained "agency policy violations" the CJSTC 78 is ONLY filed within the agency's own internal disciplinary files. In the Sawicki case, the VCSO investigation (CJSTC 78 form) indicates only sustained violations of codified VCSO "policies" - including policy GO-026-02.IV.B.3 - which states - "Any conduct or action, on-duty or off-duty, of such seriousness that disciplinary action is considered warranted." In short, the VCSO did NOT DOCUMENT any sustained codified "moral character violations" against Lt. Sawicki. Law enforcement agencies have a rather nasty habit of "hiding" codified moral character violations, as nothing more than codified violations of agency policies. Remembering - that violations of agency policies need not be reported to the CJSTC. We (VolusiaExposed) are of the OPINION that this "hiding" of moral character violation(s) transpired within the Sawicki investigation. In reading both the narratives of the VCSO investigative report, AND Sheriff Chitwood's suspension letter - it is difficult to determine exactly which particular "misconducts" were sustained against Lt. Sawicki. Was it indeed only "misconduct" that ONLY rose to the level on an agency violation(s), OR were moral character standards also violated? Surely, the sustained misconduct was not solely based on the apparent fact that Sawicki was suffering from a medical episode that lead to him being Baker Acted? Email Discussions Regarding Redactions Clarity regarding the level of Lt. Sawicki's misconduct is possibly found within pages 19-21 of the VCSO investigative report. Within those pages, the VCSO investigating officer (Lt. Daniel Shivers) found Lt. Sawicki's account as being less than accurate - regarding the false imprisonment allegation. (Our OPINION of those pages). We suspect that Lt. Sawicki engaged in the crimes of assault and culpable negligence, regarding his dangerous operation of his motor vehicle. During this incident, Sawicki's spouse developed a well founded fear for her, and her child's safety - causing her to demand that Lt. Sawicki allow them to exit the vehicle. We believe, that when Lt. Sawicki refused to allow her to immediately exit the vehicle - he engaged in the domestic violent crime of "false imprisonment". (Our OPINION) Therefore it is our OPINION, that Lt. Sawicki's actions equated to reportable "moral character" violations - regardless of the fact that he was not criminally prosecuted. Inclusive to our OPINION, is the belief that Sawicki's mere sixteen (16) hours of suspension will send the wrong messages to other VCSO deputies - that misogyny and domestic violence are acceptable, and that deputies (at least ranking deputies) are ABOVE the law. We suspect that the VCSO "left handedly" sustained the above described moral character violations - but they (VCSO) opted to ONLY memorialize (codify) these violations as "agency policy violations" in order to avoid the mandated reporting of moral character violations to the CJSTC. VCSO's apparent circumvention of the CJSTC disciplinary process is both shameful, and in apparent violation of Florida law (Our OPINION). Then again, this is not the first time this publication has expressed a concern of the VCSO circumventing the CJSTC disciplinary process. In 2020 - we documented a very similar concern attached to the Lt. James Day incident - (we invited you to review the Lt. Day incident - click here). VolusiaExposed.Com September 15, 2020 Did The Volusia County Sheriff's Office Falsify Lt. James Day's Separation Affidavit? The VCSO also has a rather disturbing practice of re-hiring deputies with significant disciplinary histories (see below linked articles). In short - the subject deputies are "terminated", or allowed to resign while his / her misconduct remains in the media - but once the public's attention has cooled - these deputies are quietly re-hired. VolusiaExposed.Com February 10, 2016 Volusia Sheriff Rehires Deputy With Significant Disciplinary History VolusiaExposed.Com June 8, 2015 VOLUSIA DEPUTY TERMINATED FOR DUI IN HER PATROL CAR RE-HIRED BY VCSO Law Enforcement's Dog & Pony Shows For the most part, internal affairs investigations within Florida's law enforcement agencies are nothing more than "dog & pony shows". Many of these "investigations" are completed for the sole purpose of providing the public (you) with the false belief that law enforcement agencies (LEAs) can be trusted to self investigate themselves. Although - they (LEAs) have proven time and time again - that they simply can NOT be trusted to do so. Laws and administrative codes were developed to provide the public with a "paper tiger" belief, that Florida's law enforcement agencies will actually follow these State laws and mandates, when processing complaints of misconduct against LEOs. In truth - many, if not most agencies - routinely, and openly - violate or manipulate these laws and legal mandates. From our prospective - Florida State officials, including FDLE (CJSTC), and the Courts - are routinely complicit in assisting local law enforcement agencies in the short circuiting of this disciplinary process. The Hiring & Negligent Retention Of Brevard Deputy Jafet Santiago-Miranda It is not unusual for internal investigative divisions, to also conduct the background checks of police recruits. In November 2020, Brevard County Deputy Jafet Santiago-Miranda brought some scrutiny to the BCSO, when he shot and killed two Cocoa teens. VolusiaExposed.Com forwards the belief (see below linked media articles) that based on Santiago-Miranda's pre-employment criminal history - he did NOT qualify to hold a Florida law enforcement certification. Further, Santiago-Miranda's apparent criminal violations, while off-duty (April 2020), involving allegations of domestic violence and threatening a LEO with a fire arm - should have lead to his immediate termination as a BCSO deputy. In OUR OPINION both (hiring & retention) are obvious failures of the Brevard County Sheriff's Office, and the CJSTC (FDLE). Earlier this month (October 2021) - Deputy Santiago-Miranda was discovered deceased within his Osceola County home. Osceola officials are investigating the circumstances surrounding his death. VolusiaExposed.Com March 4, 2021 SHOTS FIRED - ONE TROUBLED DEPUTY - TWO DEAD TEENS Discrimination, Financial Conflicts Of Interest & Negligent Retention Of A Sheriff Deputy SpaceCoastRocket.Com November 18, 2020 Deputy In Cocoa Shooting Has Felony Gun Charges, Burglary, And Domestic Violence With Children ClickOrlando.Com November 20, 2020 Deputy involved in deadly shooting of teens told his wife’s lover to ‘wear a bulletproof vest,’ police say FloridaToday.Com October 13, 2021 Brevard County Deputy Who Shot And Killed Cocoa Teens Found Dead: What We Know. In reality, these internal affairs investigations have very little to do with the TRUTH, OR FOLLOWING THE LAW. IN FACT, sometimes these "internal affairs investigations" are used to help hide the law enforcement agency's own involvement within the subject officer's misconduct. The criminal prosecution of former Port Orange Police Sgt. Steven Braddock provides an example of this "complicit involvement". The Confidential Criminal Prosecution Of Police Sgt. Steven Braddock
The local State Attorney's Office in 2018 - notified local defense attorneys that they consider Braddock to be a "Brady Cop". Logic would seem to dictate, that anyone willing to commit the crimes of forgery and exploitation against their own parents - well....that person should not be wearing a badge. This publication added Braddock to our "Brady Cop list" (officers with questionable backgrounds) sometime ago.
Wesh.Com July 13, 2016 Port Orange officer recovering after crash that killed wife As per the written sixteen page complaint, and as additionally covered within an October 2018 Daytona Beach News Journal article - it is clear - that POPD Sergeant Justin White, and his spouse Cathleen were voicing their concerns, that Fouts was being exploited by members of his own family, with the assistance, and / or knowledge of ranking members of the POPD. These ranking POPD members included - then Police Chief Thomas Grimaldi, and Captain Kimberly Kilpatrick. Chief Grimaldi has since resigned, and Captain Kilpatrick recently sent an interesting retirement announcement to the entire staff of the POPD. White's allegations have their foundations in the belief, that Fouts was not expected to survive, and coupling the fact that Fouts' death benefits were still assigned to an ex-spouse. According to the allegations - POPD Captain Kimberly Kilpatrick nefariously "assisted" Fouts' children in having the life insurance beneficiaries changed - in preparation of Fouts succumbing to his injuries. The allegations quickly expanded to include the possible exploitation of a "Go Fund Me" page set-up for Detective Fouts' medical costs, and Jennifer Fouts burial expenses. Later questions would also arise regarding the disposition of Fouts' disability benefits. Read - Cathleen White's detailed sixteen page complaint for particulars. So .... did the Fouts family - with the assistance, OR knowledge of members of the POPD - exploit Detective Fouts' disability benefits? Well, according to a 2019 FDLE investigation - the apparent answer to the above question is "NO". Daytona Beach News Journal October 4, 2018 Port Orange police captain cleared; chief calls forgery accusation ‘rumor mongering’ While the FDLE report notes that the allegations were received via a "citizen complaint" - in reality, we now know that the citizen complainants were both Sgt. White, and his spouse Cathleen White (see both the October 4, 2018 media article, as well as the 2019 complaint prepared by Mrs. White). We invite you to review the "entire picture", and then to determine for yourself, whether the Whites' concerns have any validity. Why is it - when a police officer is being investigated OR criminally prosecuted - the "powers that be" will go out of their way to make everything about the prosecution or investigation to be so "secret squirrel" (confidential)? Maybe, it is because - many departments have more to "hide", or to "cover-up", than they have to brag about. YES, there are many good people serving as police officers. BUT sadly, there are NOT just a "few bad apples" in most police departments. The public should take as much comfort in hearing that their police department have just a "few bad apples", as they would in hearing from their exterminator - that their homes only have a slight infestation of termites. Hiding, ignoring, or covering up for bad cops - will eventually cost more than just tenting the department, and doing a full fumigation ... have any doubts - then just ask the Los Angeles PD (Rodney King (1992), or OJ Simpson / Ofc. Mark Fuhrman (1994)) OR the Minneapolis PD (George Floyd / Ofc.Derek Chauvin (2020).
Knockin' On Heaven's Door |
