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Driving Drunk and Having Sex on Duty: All in a days work !? The Sheriff Ben Johnson and Wendell Bradford allegations. |
October 31, 2012 |
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During a public forum at the Wayne Sanborn Center on Oct. 18 in DeLand, Volusia County Ben Johnson appeared to indicate that his political rival, Seminole County Sheriff Deputy, Wendell Bradford had engaged in sex while on duty.
Bradford supporters quickly fired back that Sheriff Ben Johnson has admitted on camera, that he had driven while under the influence of alcohol. So where is the truth? Somewhere in the middle? To fully understand the truth, you must first understand the Florida Statutes and laws that define the Officer Disciplinary process. The Reader's Digest version of understanding the Florida Officer Disciplinary process is as follows: First, Florida maintains a very strict moral character standard for law enforcement and correctional officers. These standards are defined in a broad general sense, in F.S. 943.13 (4) and (7). for Florida Officers Direct web link to F.S. 943.13
Second, as per Florida Statutes 943.1395(5) - the employing law enforcement agency MUST conduct an investigation into ALL allegations of moral character violations. If the investigation sustains a violation of Florida's moral character standards, such MUST be reported to the Florida Department of Law Enforcement / Criminal Justice Standards and Training Commission.(FDLE /CJSTC) Direct Web link - F.S. 943.1395 F.S. 943.1395(5) "The employing agency must conduct an internal investigation if it has cause to suspect that an officer is not in compliance with, or has failed to maintain compliance with, s. 943.13(4) or (7). If an officer is not in compliance with, or has failed to maintain compliance with, s. 943.13(4) or (7), the employing agency must submit the investigative findings and supporting information and documentation to the commission in accordance with rules adopted by the commission. The commission may inspect and copy an employing agency's records to ensure compliance with this subsection." |
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Third, the FDLE / CJSTC can take action against the officer's law enforcement / corrections certification, in addition to any disciplinary action imposed by the employing agency.
Fourth, mere agency (non moral character) violations are not required to be reported to CJSTC / FDLE.
Both DUI and Sex on Duty are moral character violations
as per Florida Administrative Code 11B27.0011
Florida Statutes 316.193 - the DUI statute is mentioned in FAC11B27 as a moral character violation, regardless if the officer is criminally charged or prosecuted.
F.S. 316.193 - DUI Statute
Were the allegations of moral character violations
properly investigated against both candidates?
So do Sheriff Johnson and / or Deputy Bradford have sustained moral character charges against them. The quick answer is NO, neither does. The more complex question is, whether both should have sustained moral character charges against them.
In regards to Sheriff Johnson, we shall never know, because no investigation was opened, as is necessary under Florida Statutes. In our opinion, a clear violation of the statutes.
In regards to Deputy Bradford, we are left wondering if his Seminole Sheriff Department investigation was conducted in the same manner as the Deputy Roy Galarza and Fraternization investigations were handled within the VCSO.
In the end, it's probably all just a wash - both candidates have their strengths, as well as their weaknesses - but in all fairness, neither could declare to hold the moral high ground.
VolusiaExposed.Com thanks both candidates for running, because in doing so, they give the citizens of Volusia County a choice, and more insight into their sheriff and his department.
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SNAP SHOT
Volusia County Sheriff Ben Johnson
Three things that Sheriff Johnson and U.S. General George Patton share in common
Their appreciation of tanks, their temper, and their mistrust of the media.
While VolusiaExposed, obviously has many concerns on the current administration of the Volusia County Sheriff Department, like General Patton, we do respect Sheriff Johnson's devotion to his beliefs, positions and his service.
Fourth, mere agency (non moral character) violations are not required to be reported to CJSTC / FDLE.
as per Florida Administrative Code 11B27.0011
F.S. 316.193 - DUI Statute
properly investigated against both candidates?
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According to the below attached video report, in late 2008, in came to the attention of some deputies within the VCSO, the Florida Highway Patrol Trooper was investigating whether Volusia County Sheriff Ben Johnson was routinely driving drunk.
VCSO Sgt. Turney Memo - Sept. 21, 2008 VolusiaExposed.Com made a public record request for the internal affairs investigation conducted on Sheriff Johnson's apparent admissions of violating F.S. 316.193 ( DUI Statute). Gary Davidson, the Public Information Officer for the VCSO, responded that, to his knowledge, no such investigation was conducted. When challenged by a citizen on whether he was investigated, Sheriff Johnson vows that he no longer drinks - although, he further states that he would offer you a beer, if you came to his house. However, he appears not to be able to provide the citizens with an answer to, the question of who holds Sheriff Johnson accountable? Volusia County Sheriff's Department |
If true, such activity would have been a moral character violation, as defined in Florida Statutes and Administrative law, that would have mandated that the Seminole County Sheriff department report such, to the CJSTC / FDLE, for further action against Deputy Bradford. VolusiaExposed.Com requested and received the final disciplinary disposition letter from the Seminole County Sheriff Department regarding what was sustained in their investigation Notice of Disciplinary Action A review of the above October 2, 1996 SCSO memo does support that Deputy Bradford engaged in both off and on duty behaviors, that resulted in his suspension. However, the memo is somewhat vague in what on duty behaviors were sustained against him. At the end of the day - Sheriff Johnson may suspect that Deputy Wendell Bradford engaged in sex while on duty, but it is NOT supported in the final investigative conclusions of the Seminole County Sheriff Department's investigation. Ironically, back in July of this year (2012) - one of Sheriff Johnson's own deputies had similar allegations of engaging in sex on duty. Deputy Roy Galarza was investigated for being outside his patrol zone approximately 50 times and possibly impregnating his girlfriend while on duty. Deputy Galarza, like Deputy Bradford, only had agency policy violations sustained against him, and he too was merely suspended. Neither Deputy Galarza or Bradford was reported to the CJSTC / FDLE for the moral character violation of sex on duty. sex on duty allegations and investigation We invite you to review our article on the VCSO fraternization investigation. Please pay particular attention to VCSO Major Robert Jones' and Chief Deputy Mike Coffin's testimony - they were only questioned under oath for less than six minutes. They were not apparently required to supply their social media records, as has been done in past similar investigations. How does that fraternization "investigation" compare to others conducted by Volusia County? "Investigation" |
So do Sheriff Johnson and / or Deputy Bradford have sustained moral character charges against them. The quick answer is NO, neither does. The more complex question is, whether both should have sustained moral character charges against them.
In regards to Sheriff Johnson, we shall never know, because no investigation was opened, as is necessary under Florida Statutes. In our opinion, a clear violation of the statutes.
In regards to Deputy Bradford, we are left wondering if his Seminole Sheriff Department investigation was conducted in the same manner as the Deputy Roy Galarza and Fraternization investigations were handled within the VCSO.
In the end, it's probably all just a wash - both candidates have their strengths, as well as their weaknesses - but in all fairness, neither could declare to hold the moral high ground.
VolusiaExposed.Com thanks both candidates for running, because in doing so, they give the citizens of Volusia County a choice, and more insight into their sheriff and his department.
Volusia County Sheriff Ben Johnson
Their appreciation of tanks, their temper, and their mistrust of the media.
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Sheriff Ben Johnson's opinion of why a Daytona Beach News Journal reporter attended a political debate. |
Sheriff Johnson claiming that he is being politically ambushed |
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If you found this article to be thought provoking, we
(VolusiaExposed.Com) invite you to review, the below linked, Special
Investigative Report, exposing law enforcement corruption with the State
of Florida. SPECIAL INVESTIGATIVE SERIES ON LAW ENFORCEMENT CORRUPTION by Matthew Doig and Anthony Cormier  Additional concerns surrounding the Volusia County Sheriff's Department  VolusiaExposed's Brady Bunch List. Do some local police officers meet the legal definition of "Brady Cops"?  The Watch Dog of Brevard County ! |
INFLUENCE THE JAIL'S RAPE INVESTIGATION? Nancye Jones' husband, VCSO Major Robert Jones, supervises the deputies that investigate possible criminal violations within the county jail. We have concerns that several criminal investigations have been possibly manipulated, in order to reduce the County of Volusia's civil liability. Our concern includes this particular in-custody sexual battery investigation, and the below listed situations. We invite you to review our concerns. Falsification of Documents by County Officials Drop us a line to let us know what you think.  EMAIL US  |