FORT MYERS -- A Lee County Sheriff’s Office corrections deputy hired on Valentine’s Day 2005 found that accepting candy as a bribe and then lying about it during an investigation can cost you your job.

Jonathan Smith’s appointment was withdrawn by Sheriff Mike Scott on Aug. 5 after an internal affairs investigation showed the deputy was untruthful in his statements about receiving Jolly Rancher candies in exchange for not filing disciplinary actions against at least two inmates.

“You can live through anything but lying,” said Maj. Tom Ellegood, bureau of corrections downtown site commander for Lee County jails. “People make mistakes and we understand that, but officers who lie or provide false information while being investigated cannot be tolerated.”

Smith had several inconsistencies in his statements during the investigation, records show.

“It’s just something that can’t be tolerated,” Ellegood said. “We cannot tolerate those not truthful or forthcoming with the information.”

Meantime, the inmate’s father, Mack Moise, said he didn’t anticipate the deputy losing his job, but was pleased with how the Sheriff’s Office handled his son’s complaint.

“We were glad to see Lee County deputies did their jobs without any repercussions on our son,” Moise of North Fort Myers said. The first incident with inmate David Moise occurred May 25, an internal affairs investigation shows.

Moise, 20, said Smith “was going to write him a disciplinary report because he stopped to ask for an inmate request slip instead of going right into the barracks after visitation as instructed,” according to the report. The report also said the deputy “said he would forget the disciplinary report in exchange for some Jolly Rancher candies.”

A second incident occurred sometime later when Smith wrote up Moise for not having his inmate uniform on while in the dayroom.

“When Moise was placed on disciplinary status for that incident, Moise had his father contact the agency with the complaint,” according to the report. The deputy did not take Jolly Ranchers the second time.

Mack Moise notified the Sheriff’s Office of the incidents on June 9.

“They said they were going to look into it if David (Moise) would make a comment on it,” the father said Monday. “I said: ÔIt’s up to you, son. I don’t know what the guards will do.”

On June 10, Sheriff’s Office Col. Michael Waite requested an investigation into possible agency violations and Florida laws “in accepting canteen items from an inmate in lieu of proceeding with disciplinary action,” according to the report.

“I was pleased that action was taking place,” Mack Moise said. His son could not be contacted because he remains jailed on several felony charges including burglary, possession of burglary tools and more. His arrest records date back to 2002.

Mack Moise said his son has made mistakes and hopefully can overcome some issues he has been battling for years.

Records show three charges were substantiated against Smith: neglect of duty, willful violation of official procedures or directives, unlawful conduct, unlawful compensation or reward for official behavior, and improper conduct, untruthfulness, which was found during the investigation.

Smith could not be located for comment.

Mack Moise did not expect the deputy to lose his job over the incident, but wanted to ensure that all inmates are treated fairly.

He understands the need for certain measures to control inmates.

“It’s a tough job in there. But let’s not stoop down to their level,” he said about the control of inmates by getting candy bribes.

“I thought there must be more to it,” Mack Moise said. “But there wasn’t. Why would someone want to lose their job over candy?”
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