06-06-2010, 04:28 PM
Who will get the axe?
by Standing up for the deputies on 06/06/10 10:27:07
Anyone see this yet? It's going around in an email
From Lee Bushong
Open to all Media.
Distributed at Press Conference at Div. of Forestry.
Redistribution and quoting in context permitted
June 5, 2010.
Laws were written and developed many years ago as a basis to form a civilized society. As time evolved, some governments abused the laws, leading to fractured and sometimes new societies. We are all familiar with one story dating back to 1776
which laid the groundwork for the Constitution and the society which we live in. Those Constitutional guarantees, and the laws of this great State were not made to be ignored, nor to be treated arbitrarily or with indifference.
I believe those laws and guarantees should be passionately protected and preserved for all people - citizens, immigrants, deputies; innocent people and guilty people. Free people and incarcerated people. EVERYONE. We all have rights, and it is the
responsibility of law enforcement to do just that - enforce the law and thereby protecting those rights.
As much as anyone wants to bend the rules from time to time to circumvent the Constitution or to get around a law, it cannot be done. It's the mandate and the very concept of law enforcement to protect those rights through impartial, unbiased
application of the law. Justice is supposed to be blind, right?
Sadly, though, I just learned of another recent example of the Lee County Sheriff's Office - the body charged with enforcing all laws in Lee County, willfully neglecting the very laws it's supposed to enforce. Or more accurately, Mike Scott is not enforcing the very laws he swore to uphold And that profoundly disturbs me.
So let me say it again - passionate unbridled protection and preservation of the rights of all people regardless of who they are and what their past is.
Now, lets talk about the Lee County Sheriff's Office investigation into the death of Mateo Matias on July 23, 2009:
Matias was driving on Palm Beach Boulevard when he was struck and killed by a deputy sheriff. The deputy was responding to a pursuit where an alleged unoccupied residential burglary occurred.
Two people were arrested - the people the deputies were chasing - for the death of Matias. However, the burglary needed to be substantiated. The homeowner, who moments before carried a conversation with one of the suspects in his driveway, told deputies he could not identify the people at the traffic stop as the burglars. He later was unable to make an identification from a photographic lineup - a lineup that is
now missing. The vehicle description of the truck deputies stopped was similar in color and size to the one the witness reported, but had a blue license plate where the suspect's had an orange one.
The burglary HAD to be closed by an arrest in order to justify the chase, and to permit the arrest of the driver for the vicarious death of Mateo Matias. Otherwise, the death would be the responsibility of the Sheriff's Office.
The first HUGE problem here is why, just now, is the lack of identification and the missing evidence brought to light? The case will be dropped on Monday according to the SAO spokesperson and the charges nolle-prossed. After all this time, roughly a year, am I, more importantly you, to believe nothing was ever sent from the State Attorney's Office to the Lee County Sheriff's Office regarding the lack of evidence? Of
course not! The State Attorney's Office is staffed with professional, educated prosecutors, and such glaring holes would have been spotted immediately. Murder is the most serious charge regarding the most heinous crime. A prosecutor would have immediately picked up on the lack of evidence, missing evidence, and non-corroborating, conflicting testimony and alerted the Sheriffs Office early on - most likely in the form of an Additional Information Request (AIR). This should have been looked into by the Sheriff's Office the very moment the SAO got an inkling that a problem existed with the investigation. The arrest was made on July 23, 2009. And we just learning of this today? Ask yourself why that is?
In cases where the SAO feels there is lacking evidence, testimony, or supporting documents, the State sends an AIR - Additional Information Request. It's generated on behalf of the prosecuting attorney via his or her investigator and sent to Damary Glover at the Sheriff's Office. She logs them and forwards them to the deputy for follow up. There are records, and I encourage everyone to request them.
But, there is something even more troubling here!
Major Jim Jones is the commander over the Major Crimes Unit, which includes the homicide unit - that unit from which Adrian Powell and David Newsome's murder charges originated. As that commander, Major Jones allowed two people - who records show could not be identified and for which probable cause did not exist - to be arrested for murder and their civil rights infringed upon. The Major reviews each and every case report and arrest affidavit stemming from the investigative efforts of his bureau. How is it then that he permitted the arrest of Powell and Newsome for murder despite the fact positive identification of the two could not be made, not once, but TWICE. The arrest was made in light of no identification at the scene or in a photographic lineup - the line up which is now missing. Powell and Newsome were in a different vehicle with a different tag with different colors than what was reported by the witness. Yet Major Jones authorized the arrest to be made. Maybe it was because a deputy was involved in the accidental death of Matias that he wanted an immediate arrest made - scapegoats if you will.
And that leads into another issue. Lee County Sheriff's Office policy (operations manual) prevents chases in all circumstances except for VIOLENT, FORCIBLE Felonies. Why? Because chasing a car is deadly - as we see in this event. But the deputy who struck Matias was following orders. The Bravo District Commander and the Watch Commanders on duty that day are solely responsible for authorizing and ending the pursuit. That's by policy also. So why did the Bravo District Commander feel it was necessary to go outside of the policy of the sheriff's office (operations manual) and permit a chase, which is essentially the same thing as pointing a gun at someone and pulling the trigger - deadly force is deadly force. And used for a crime where no violence occurred? Really? No one was shot, threatened, beaten etc. So we know there was not a VIOLENT FORCIBLE FELONY to have occurred. But the deputy who struck and unfortunately killed Matias was following orders of a commander who authorized the chase and thereby permitted the use of deadly force.
The way I see it is Major Jones and the Sheriff wanted to keep this a secret and make an arrest - a cover-up - because command level officers authorized the chase and therefore are responsible for permitting it. The authorization resulted in the death of an innocent person. But instead of admitting wrongdoing, they rushed to make an arrest to deflect the negative press associated with the chase. See, once the arrest was made, the end justified the means. These cover-ups are the very type of corruption I stand against.
And so two people were arrested to cover up the mistakes of the Sheriff's Office commanders.
My fear now is that the deputy who struck Matias will become Mike Scott's next victim for following his superiors orders that unfortunate day - Command level orders that resulted in an unnecessary death. Orders such as Major Jones permitting the arrest and violation of constitutionally protected rights of two Lee County residents.
Don't get me wrong -1 am not championing Powell and Newsome. I am not saying that Powell and Newsome did no wrong. It's pretty clear that running from police is a crime and they should be charged and tried appropriately. But they should not have been arrested frivolously for murder because of someone's attempt to cover up a mistake and/or deflect community outrage. No one should have been arrested to
justify the pursuit. Powell and Newsome should not have been arrested for murder in
which probable cause could not be found.
Probable cause is defined as that level of belief, developed by articulated facts, circumstances and evidence that would permit a reasonable person of sound mind to believe that the person charged probably committed the crime.
In this case, where is the probable cause for the murder? The burglary had to be proven in order to substantiate the murder charge. The murder charge had to stick to absolve the Sheriffs Office of wrongdoing. But different vehicles, different tags, missing evidence, inconsistent testimony - none of this leads to probable cause - yet Major Jones allowed it, and Mike Scott condoned it. How convenient, too, that evidence just happens to go missing?
I cannot sit by and watch Mike Scott fire another deputy for following the orders of superiors in order to cover-up his and his administration's errors and culpability in this death. Mike Scott is the only one accountable for this.
Mike Scott prides himself that he is in-tuned with the Lee County Sheriff's Office. So then, he would have known all along about the lack of identification in this case and would have known that it was a bad arrest. And if he claims he didn't, he needs to hold the appropriate Bureau Commander accountable for the cover-up. Its called accountability.
It is my belief that an outside investigation into this matter is warranted. Rest assured that Mike Scott will hang this on a deputy's neck to answer for the decisions of an administrative command officer. The sheriff has a history of protecting himself. I call for FDLE to conduct an investigation into this matter.
What lengths will the sheriff's office go to protect its own upper staff? If we cannot trust Mike Scott to run his office with integrity, and to make lawful arrests, can we really trust him to conduct his internal affairs properly? Are we going to simply put him on the honor system? Again, an outside agency needs to investigate this matter. Both for Mateo, for Powell and Newsome, and for the involved deputies.
The system was built on the belief that we all have rights and that those rights will be preserved by those entrusted to protect them. It's unfortunate that those rights are treated so haphazardly here in Lee County.
Thank you.
Lee Bushong
5781 Lee Blvd 208-203
Lehigh Acres, Fl 33971
(239) 321-0988 (cell)
www.leebushong.com (http://www.leebushong.com)
by Standing up for the deputies on 06/06/10 10:27:07
Anyone see this yet? It's going around in an email
From Lee Bushong
Open to all Media.
Distributed at Press Conference at Div. of Forestry.
Redistribution and quoting in context permitted
June 5, 2010.
Laws were written and developed many years ago as a basis to form a civilized society. As time evolved, some governments abused the laws, leading to fractured and sometimes new societies. We are all familiar with one story dating back to 1776
which laid the groundwork for the Constitution and the society which we live in. Those Constitutional guarantees, and the laws of this great State were not made to be ignored, nor to be treated arbitrarily or with indifference.
I believe those laws and guarantees should be passionately protected and preserved for all people - citizens, immigrants, deputies; innocent people and guilty people. Free people and incarcerated people. EVERYONE. We all have rights, and it is the
responsibility of law enforcement to do just that - enforce the law and thereby protecting those rights.
As much as anyone wants to bend the rules from time to time to circumvent the Constitution or to get around a law, it cannot be done. It's the mandate and the very concept of law enforcement to protect those rights through impartial, unbiased
application of the law. Justice is supposed to be blind, right?
Sadly, though, I just learned of another recent example of the Lee County Sheriff's Office - the body charged with enforcing all laws in Lee County, willfully neglecting the very laws it's supposed to enforce. Or more accurately, Mike Scott is not enforcing the very laws he swore to uphold And that profoundly disturbs me.
So let me say it again - passionate unbridled protection and preservation of the rights of all people regardless of who they are and what their past is.
Now, lets talk about the Lee County Sheriff's Office investigation into the death of Mateo Matias on July 23, 2009:
Matias was driving on Palm Beach Boulevard when he was struck and killed by a deputy sheriff. The deputy was responding to a pursuit where an alleged unoccupied residential burglary occurred.
Two people were arrested - the people the deputies were chasing - for the death of Matias. However, the burglary needed to be substantiated. The homeowner, who moments before carried a conversation with one of the suspects in his driveway, told deputies he could not identify the people at the traffic stop as the burglars. He later was unable to make an identification from a photographic lineup - a lineup that is
now missing. The vehicle description of the truck deputies stopped was similar in color and size to the one the witness reported, but had a blue license plate where the suspect's had an orange one.
The burglary HAD to be closed by an arrest in order to justify the chase, and to permit the arrest of the driver for the vicarious death of Mateo Matias. Otherwise, the death would be the responsibility of the Sheriff's Office.
The first HUGE problem here is why, just now, is the lack of identification and the missing evidence brought to light? The case will be dropped on Monday according to the SAO spokesperson and the charges nolle-prossed. After all this time, roughly a year, am I, more importantly you, to believe nothing was ever sent from the State Attorney's Office to the Lee County Sheriff's Office regarding the lack of evidence? Of
course not! The State Attorney's Office is staffed with professional, educated prosecutors, and such glaring holes would have been spotted immediately. Murder is the most serious charge regarding the most heinous crime. A prosecutor would have immediately picked up on the lack of evidence, missing evidence, and non-corroborating, conflicting testimony and alerted the Sheriffs Office early on - most likely in the form of an Additional Information Request (AIR). This should have been looked into by the Sheriff's Office the very moment the SAO got an inkling that a problem existed with the investigation. The arrest was made on July 23, 2009. And we just learning of this today? Ask yourself why that is?
In cases where the SAO feels there is lacking evidence, testimony, or supporting documents, the State sends an AIR - Additional Information Request. It's generated on behalf of the prosecuting attorney via his or her investigator and sent to Damary Glover at the Sheriff's Office. She logs them and forwards them to the deputy for follow up. There are records, and I encourage everyone to request them.
But, there is something even more troubling here!
Major Jim Jones is the commander over the Major Crimes Unit, which includes the homicide unit - that unit from which Adrian Powell and David Newsome's murder charges originated. As that commander, Major Jones allowed two people - who records show could not be identified and for which probable cause did not exist - to be arrested for murder and their civil rights infringed upon. The Major reviews each and every case report and arrest affidavit stemming from the investigative efforts of his bureau. How is it then that he permitted the arrest of Powell and Newsome for murder despite the fact positive identification of the two could not be made, not once, but TWICE. The arrest was made in light of no identification at the scene or in a photographic lineup - the line up which is now missing. Powell and Newsome were in a different vehicle with a different tag with different colors than what was reported by the witness. Yet Major Jones authorized the arrest to be made. Maybe it was because a deputy was involved in the accidental death of Matias that he wanted an immediate arrest made - scapegoats if you will.
And that leads into another issue. Lee County Sheriff's Office policy (operations manual) prevents chases in all circumstances except for VIOLENT, FORCIBLE Felonies. Why? Because chasing a car is deadly - as we see in this event. But the deputy who struck Matias was following orders. The Bravo District Commander and the Watch Commanders on duty that day are solely responsible for authorizing and ending the pursuit. That's by policy also. So why did the Bravo District Commander feel it was necessary to go outside of the policy of the sheriff's office (operations manual) and permit a chase, which is essentially the same thing as pointing a gun at someone and pulling the trigger - deadly force is deadly force. And used for a crime where no violence occurred? Really? No one was shot, threatened, beaten etc. So we know there was not a VIOLENT FORCIBLE FELONY to have occurred. But the deputy who struck and unfortunately killed Matias was following orders of a commander who authorized the chase and thereby permitted the use of deadly force.
The way I see it is Major Jones and the Sheriff wanted to keep this a secret and make an arrest - a cover-up - because command level officers authorized the chase and therefore are responsible for permitting it. The authorization resulted in the death of an innocent person. But instead of admitting wrongdoing, they rushed to make an arrest to deflect the negative press associated with the chase. See, once the arrest was made, the end justified the means. These cover-ups are the very type of corruption I stand against.
And so two people were arrested to cover up the mistakes of the Sheriff's Office commanders.
My fear now is that the deputy who struck Matias will become Mike Scott's next victim for following his superiors orders that unfortunate day - Command level orders that resulted in an unnecessary death. Orders such as Major Jones permitting the arrest and violation of constitutionally protected rights of two Lee County residents.
Don't get me wrong -1 am not championing Powell and Newsome. I am not saying that Powell and Newsome did no wrong. It's pretty clear that running from police is a crime and they should be charged and tried appropriately. But they should not have been arrested frivolously for murder because of someone's attempt to cover up a mistake and/or deflect community outrage. No one should have been arrested to
justify the pursuit. Powell and Newsome should not have been arrested for murder in
which probable cause could not be found.
Probable cause is defined as that level of belief, developed by articulated facts, circumstances and evidence that would permit a reasonable person of sound mind to believe that the person charged probably committed the crime.
In this case, where is the probable cause for the murder? The burglary had to be proven in order to substantiate the murder charge. The murder charge had to stick to absolve the Sheriffs Office of wrongdoing. But different vehicles, different tags, missing evidence, inconsistent testimony - none of this leads to probable cause - yet Major Jones allowed it, and Mike Scott condoned it. How convenient, too, that evidence just happens to go missing?
I cannot sit by and watch Mike Scott fire another deputy for following the orders of superiors in order to cover-up his and his administration's errors and culpability in this death. Mike Scott is the only one accountable for this.
Mike Scott prides himself that he is in-tuned with the Lee County Sheriff's Office. So then, he would have known all along about the lack of identification in this case and would have known that it was a bad arrest. And if he claims he didn't, he needs to hold the appropriate Bureau Commander accountable for the cover-up. Its called accountability.
It is my belief that an outside investigation into this matter is warranted. Rest assured that Mike Scott will hang this on a deputy's neck to answer for the decisions of an administrative command officer. The sheriff has a history of protecting himself. I call for FDLE to conduct an investigation into this matter.
What lengths will the sheriff's office go to protect its own upper staff? If we cannot trust Mike Scott to run his office with integrity, and to make lawful arrests, can we really trust him to conduct his internal affairs properly? Are we going to simply put him on the honor system? Again, an outside agency needs to investigate this matter. Both for Mateo, for Powell and Newsome, and for the involved deputies.
The system was built on the belief that we all have rights and that those rights will be preserved by those entrusted to protect them. It's unfortunate that those rights are treated so haphazardly here in Lee County.
Thank you.
Lee Bushong
5781 Lee Blvd 208-203
Lehigh Acres, Fl 33971
(239) 321-0988 (cell)
www.leebushong.com (http://www.leebushong.com)