VOLUSIA EXPOSED

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The Sgt. Shon McGuire sex allegations.

Did the Volusia County Sheriff Office conduct a professional and through investigation into these allegations?

Was the VCSO investigation hampered by an on going conflict of interest within county government?

Did election year politics influence the VCSO internal investigation?

Was this investigation handled totally differently then the recent allegations against former Beach Patrol Capt. Rich Gardner, if so, why?

Updated
May 3, 2012

"Therefore, until the day I die, I am going to do what I can, regardless of the cost to me, to try to stop this awful corruption that is destroying our beloved democracy. - John Jay Hooker

Recently, the Volusia County Sheriff Department received an anonymous letter alleging that VCSO deputy, Sgt. Shon McGuire had engaged in a sexual relationship while on duty.

In the above anonymous complaint, the complainant appears to reference past problems within the VCSO's supervisory staff. We assume he / she was referencing the scandals attached to Lts. Mike Odgers and Brodie Hughes. We therefore, invite you to review VX's web article on the Odgers and Hughes investigations. (see below link)

In the Lt. Hughes matter, he was demoted and served a ten day suspension. Upon his return to duty, a local media outlet did an article on whether his falsification of his college work would bring concerns of his credibility to the Volusia County Sheriff Department. The Public Information Officer for the VCSO, Gary Davidson, was quoted as saying - "None of Brodie's policy violations were in any way related to his police work. As such, we consider his law enforcement credibility to be intact."
We invite you to read our article outlining our concerns regarding the VCSO's lack of concern regarding Deputy Hughes' overall credibility.

In Sheriff Johnson's March 9, 2012, Notification of Internal Investigation memorandum to Sgt. McGuire, he advises Sgt. McGuire that he is only being investigated for violation of County Merit Rule 86-453(13) - "Any conduct, on or off duty that reflects unfavorably on the county as an employer"

Even in his April 10, 2012 Disposition of Internal Investigation memorandum, Sheriff Johnson still is only referencing a possible violation of County Merit Rule 86-453(13). Sheriff Johnson advises Sgt. McGuire that the internal investigation ruled the allegation as "UNFOUNDED".

We find it very suspicious that Sgt. McGuire was not investigated for possible violations of either VCSO policies or for violations of Florida Administrative Code 11B-27 (FAC11B-27). FAC11B-27 is commonly referred to as the Florida Moral Character Standards for all law enforcement and correctional officers. Per Florida law, any violations of these standards by any officer, MUST be reported to the Florida Department of Law Enforcement (FDLE) via their Criminal Justice Standards and Training Commission (CJSTC), for a separate and independent review, for possible action against the offending officer's Florida State police / corrections certification.

Within these standards (FAC 11B-27), officers are not allowed to even kiss, let alone have sex while on duty. We invite you to review these moral character standards. (see below link)

As with the above Notice of Investigation and Disposition of Investigation memorandum by Sheriff Johnson, the Internal Investigative Report also attempts to avoid the allegation that Sgt. McGuire was having sex while on duty. At least the Investigative Report does indicate that Sgt. McGuire is being investigated for possibly violating more than just County Merit Rule 86.453(13). However, the VCSO policy violations added in this document, deals with whether he tampered with his AVL (vehicle locator device), and not whether he was engaging in sex while on duty.

In regards to the allegations of whether Sgt. McGuire tampered or disconnected his vehicle's AVL (tracking device), Tim Jolley, the VCSO IT Supervisor submitted the below email, in which he appears to indicate his suspicion that McGuire was unplugging the device. So why was McGuire cleared?

On March 22, 2012 - VCSO Lt. Erik Eagan conducted an investigative interview with Sgt. McGuire. The interview was transcribed and is available for review within the below web link. The interview lasted 15 (fifteen) minutes from 1422 hrs to 1437 hrs (2:22pm to 2:37pm). We invite you to review the questions that Lt. Eagan asked Sgt. McGuire. Do you believe it was much of an investigative interview? We sure don't.

Notice that Sgt. McGuire admits being involved in a relationship with Ms. Cara Gittner, but insist never while on duty.

Yes, Yes - Ms. Cara Gittner is the very same Gittner involved in the Captain Rich Gardner matter.

Within the above McGuire testimony, Sgt. McGuire even admits texting Ms. Gittner.
Interesting? We wonder why Lt. Eagan did not insist in seeing those text messages, like the county insisted on reviewing, in the Captain Rich Gardner case? We invite you to review the particular page (see below link) of the McGuire interview, whereas the text messages between Gittner and McGuire are discussed. Notice how Lt. Eagan did NOT stay on the subject (text messages), and how he did not order Sgt. McGuire to provide them for his review? Why?

Interestingly, one of the rationales, that the County of Volusia used to terminate Beach Patrol Captain Rich Gardner, was his refusal to submit his personal text messages, between himself and Gittner, for the county's review and investigation. We invite you to review the below videos of Deputy Director Pozzo's (Public Protection) testimony at Gardner's April 2012 Personnel Board.

Deputy Director Pozzo testifies, to his belief, that county employees' personal cellphone records / texts are open to county government inspection !

Deputy Director Pozzo affirms his belief that county employees' homes can be searched during an internal investigation, as long as county legal gives him the okay.

County Personnel Board member, Joe Winter questions Deputy Director Pozzo, regarding probable violations of Captain Gardner's civil rights. Mr. Winter states his belief, that the US Constitution is relevant in the Gardner matter.

Surely, Lt. Eagan was fully prepared to question Sgt. McGuire, his (Eagan) own case notes clearly indicate that on March 14, 2012, he met with Assistant County Attorney Nancye Jones to discuss potential questions that needed to be asked (or maybe NOT asked) of both Sgt. McGuire and Ms. Gittner.

Wasn't that nice of Nancye, she assisted in the internal investigation of an employee under her husband's (Major Robert Jones) supervision. Major Jones is actually even mentioned in the first paragraph of the above investigative report.
With all the scandal that was attached to the under age sex allegations coming out of the Volusia County Beach Patrol, doesn't it make sense that Sheriff Johnson would not want a sex scandal to be attached to his department, especially given the fact that it's an election year?

Nancye even reached out to Ms. Gittner's attorney, in an attempt to get Gittner to testify in the Sgt. McGuire investigation. Wait, think for a second, could the county really have desired for Gittner not to testify? THINK - without her testimony, there is no case of sustained misconduct against McGuire, therefore, no scandal for the VCSO.

Ms. Gittner did testify for the County of Volusia during the Captain Gardner Personnel Board, but refused to testify in the county's investigation of Sgt. McGuire. Hummm... how's that "smell test" going for you? Apparently Sheriff Johnson does not see a conflict of interest of Nancye Jones attaching herself to an internal VCSO investigation, in which he husband supervises the deputy under investigation. In fact, Sheriff Johnson has even sent at least one letter of recommendation, in which he suggests that Nancye would make a wonderful judge. Isn't that nice, Robert can make the arrests, and Nancye can be the judge - yeah that sounds like "due process" to us. How does all this sound to you? Does it pass your "smell test"?

Notice that in the Captain Gardner Personnel Board hearing (April 2012), Attorney Nancye Jones infers that the Personal Board should assign credibility to Ms. Gittner's testimony against Captain Gardner, because it had to be hard for her to get up here and to testify in front of all of Gardner's friends.

Ahhhh... but Nancye knew that Ms. Gittner had refused a month earlier (March 2012) in a private internal interview room, to testify in the VCSO Sgt. McGuire case. So what does that say about Gittner's AND Nancye's credibility?

Assistant County Attorney Jones assures the Personnel Board of Officer Gittner's credibility.

In truth, Officer Gittner's testimony had been bought and paid for, via a separation agreement between Gittner and the County of Volusia.

CLICK HERE - To review the ever elusive, often denied, Separation Agreement between the County of Volusia and Officer C. Gittner

CLICK HERE - To review VolusiaExposed.Com's article questioning whether the County of Volusia submitted falsified separation documents, regarding Officer Gittner, to the Florida Department of Law Enforcement

Are we saying that Nancye Jones has credibility issues? Please allow us to answer this way - we will allow you to review the below videos of Nancye Jones during Captain Rich Gardner's April 12-13, 2012 Personnel Board (one video is of Nancye in January 2012, in front of Circuit Court Judge Rouse.) We shall let Nancye speak for herself, after your review of these videos, it will be up to you to decide whether Assistant County Attorney Nancye Jones has credibility issues, and then whether her involvement in legal issues at the VCSO is a direct conflict of interest, involving her husband, VCSO Major Robert Jones.

WE INVITE YOU TO WATCH THE BELOW VIDEOS FOR YOURSELF - DID SOMEONE LIE ABOUT THE SMITH REPORT?

At the beginning of the Personnel Board, Assistant County Attorney Jones assures the Personnel Board that all records and documents have been turned over to Gardner's attorneys, as is required by Florida Statutes. (Florida Officer Bill of Rights).

Assistant County Attorney Jones states that Gardner did not get the Smith investigative report, because he did not ask for it.

Later, Assistant County Attorney Jones assures the Personnel Board that she did not realize that Gardner was not supplied the Smith report.

WE INVITE YOU TO WATCH THE BELOW VIDEOS FOR YOURSELF - DID SOMEONE LIE TO A CIRCUIT COURT JUDGE?

Attorney Jones places an objection to the Personnel Board addressing any alleged violations of Captain Gardner's Officer Bill of Rights.

Attorney McKinnon advises the Personnel Board, that during a January 2012 hearing in front of Judge Rouse, she promised the judge that she (Jones) would not object, to the violations of the Officer Bill of Rights, being argued in front of the Personnel Board.

In a January 2012 hearing in front of Judge Rouse, Attorney Jones assures Judge Rouse that she would NOT object to the Personnel Board hearing the allegations, that Captain Gardner's Florida Officer Bill of Rights were violated by County Officials.

So what do you think? Was the Sgt. McGuire investigation professionally conducted by the VCSO?

Sadly, we suspect that the Sgt. McGuire "investigation" was managed from "get go" to completion. This is nothing new at the VCSO, it even happens in criminal investigations. Take for an example the 2009 in-custody death of Volusia County jail Inmate Tracy Veira. Ms. Veira was a 28 year old mother of two. She was on a special medical watch within the jail.

Upon her death, jail officials called the VCSO and the Medical Examiner's office to investigate the death.

In Investigator Campanella's initial report, he states that he, as well as Medical Examiner Investigator Lunt and Forensic Tech Clark agreed that Inmate Veira "displayed signs of rigor mortis and lividity not consistent" with her last documented interaction with jail staff. In other words, she had been dead longer then jail staff was documenting. In his initial report, Campanella promises to follow up with this inconsistency, but he never does - as it is missing in his final investigative report.

It is of interest, that Attorney Jones handles most, if not all lawsuits that come out of the Volusia County jail. Investigator Campanella was under the supervisor of VCSO Major Robert Jones. Ask yourself, do you suspect that this death investigation was actually "managed", rather than investigated?

The Tracy Veira example, is just one of many, that are available on VolusiaExposed.Com.

The Volusia County Medical Examiner's Office has a contract to do all autopsies coming out of Seminole county. Trayvon Martin's autopsy was conducted in Volusia County. Hopefully, it was more professionally conducted, then these in-custody jail deaths.

Additional files attached to the Sgt. Shon McGuire investigation.