Mike Scott State of Florida Office of the Sheriff. County of Lee Shot Mike Sool Commander Traci Estep We Detective Travis Hicks Date: Mach 23,2016 Ret tA 2016001 Agsinst: Deputy Terrance Gucter 401-024 Charess: 1 tmproper Conducts Conner Unbecoming Ofer enter: (261.2.467) 2 Improper Conduct: Pablic Dispragement 26 24.78) Findings: 1. substantiated 2. Subwtantated Complaint: On December 30,2015, Sergeant Martin Cook submitted & memo CeatY POE noting’ a potential poly oak Gueiler. Deputy Gucilr while aa 10 have bombarded his trainee, Den Join and or sign a “blue eard for th Steep 19 have made disparaging comme Sheviff's Ortice, Allegation 1: Improper Conduct: some eComing Offer tember (212.467) No member of actor comes dit unbecoming an oftcarie gem SiOr Conduct not specially memonce Stetif's Office into disrepute or refieoe ‘daereit wpon the individual members mora bet Such wt or condict may inca eee ot limited to, acts involving ron ttmritude, paticipaion in any iron indecent or disorderly conduct, oe Aime, otich CRMC Subantial doues conc Person's honesty, integriy ‘Mimess or spot forthe rights of ahs os ‘he county, state or nation, 14750 Six Mite ‘Cypress Parkway © Port Myers, Florida 33912-4406 » 239) 477-1000Allegation 2: ‘Complainant: Witnesses: improper Conduct: Public Disparagement(26.1.24.75): Members shall not publicly evitcize or ridicule the SheriP's OMe, its policies, or other gersonnel by speech, writing, or ther expression, where such speech, writing or oher expression is defamatory, obscene, tulawlul, is intended to undetmine the effectiveness of the Sheriff's Office, Iv insuborinate, ois mae with reekiess disregard foe tuth Sergeant Martin Cook 14750 Six Mile Cypress Parkway - West District Fort Myers, FL, 33912 239-477-1000 Deputy Travis Selly 14750 Six Mile Cypress Parkway ~ West District Fort Myers, FL, 33912 239-477-1000 Deputy Elizabeth Lipari 14750 Six Mite Cypress Parkway — Deputy Sheriff Trainee Fort Myers, FL, 33912 239-477-1000 Sergeant Ronald Irandich 14750 Six Mile Cypress Parkway — West District Fort Myers, FL, 33912 239-477-1000 Sergeant Brian Foell 14750 Six Mile Cypress Parkway ~ West District Fort Myers, FL, 33912 239-477-1000 Sergeant Daniel Keim 14750 Six Mile Cypress Parkway — West District Fort Myers, FL, 33912 239-477-1000 Deputy Amanda Turner 14750 Six Mile Cypress Parkway — West Disirit Fort Myers, FL, 33912 239-477-1000Page 3 ‘Witnesses: Deputy Earthen Brown 14750 Six Mile Cypress Parkway ~ West District Fort Myers, FL, 33912 239-477-1000 Deputy Steven Owen 14750 Six Mile Cypress Parkway — West District Fort Myers, FL, 33912 239-477-1000 Deputy Jeffrey Barrack 14750 Six Mile Cypress Parlovay — West District Fort Myers, FL, 33912 239-477-1000 Deputy Richard Zeltman 14750 Six Mile Cypress Parkway ~ West District Fort Myers, FL, 33912 239-477-1000 Deputy Daniel Hollywood 14750 Six Mile Cypress Parkway ~ West District Fort Myers, FL, 33912 239-477-1000 Deputy James Beckos 14750 Six Mile Cypress Parkway ~ West District Fort Myers, FL, 33912 239-477-1000 Deputy Timothy Watkins 14750 Six Mile Cypress Parkonay — West District Fort Myers, FL, 33912 239-477-1000 Deputy Colt Masters 14750 Six Mite Cypress Parkway ~ West Distriet Fort Myers, FL, 33912 239-477-1000 Detective Rdward Sommers 14750 Six Mile Cypress Parkway ~ West District Fort Myers, FL, 33912 239-477-1000Page 4 Accused Officer: Deputy Terrance Guetler Fass Six Mile Cypress Parkway ~ West District Fort Myers, FL, 33912 239-477-1000 Previous 1A Cases: No Substaniated 14 cases in the proccting five years Internal Affairs Investigation; (On December 30, 2015 Sergeant Cook forwanled the isforementioned complaint through his chain of command, Dective ternal Aftuirs Unit initiated on tion forthe potcatal Improper Conduct policy viokurene Deteative Hicks interviewed 8G to this investigation. Through all testimony provided ten es real be ythaesDepnty Cielo addtonaly told Depegy ee county would be indicted nd or arsed bythe en oe year 2013), ent Guoler was also speaking in a negative fashion ato oe Field Training Officers of the ageney, clive Hicks interviewed Sever West Distt Pao Sergcans, ‘The Sergeants all ata knew of Deputy Gute’ association withthe wise had never observed Fearne inappropriate, Sergoaut Ronald Drandich advil days hee uly Lipari mace her coca eputy Jelly; Deputy Lipa ener his oice” Devoe pari stated she had a ie OF the office. Deputy Lipa rete Hicks met with Deputy Lipa who verified! her dsclomnes to Deputy Jelly, ratte Hicks ated Deputy Lipari she fet her DORs rehaced es {pute in the consistent Deputy Pn Te, Ma MX eran, however she fl or aly eee rot Consistent. Deputy Lipari felt her scores started wi hy i however admit she wa strugaling in the are seores were mol justified. Detective Hicks Siny Rave he low score in the ann of her rao wage a coon ‘why he did s0, Detective Hicks also noted Deputy Lina weeapproximately one month (Phise IL raining) and was only given three low scores all of which wore for her radio usage, Deputy Lipari sated while on one of her training shifts within Deputy Guetler’s vehicle, he informed her that he had direct knowledge Sheriff Michael Scot would be federally indicat and may be arrested. Deputy Lipari, although disbelieving Guetler’s statement, considered it inappropriate, especially as she was 8 new member oF the agency. Deputy Lipa assumed th ‘was an attempt to persuade her into joining the union, Deputy Lipari agrecd she did not diseloss her field training experience witha suporvisor proc to speaking to Deputy Jelly. Deputy Lipa stated she simply told Deputy Guetler about his need fr ¢ filter, then later Informed Deputy Jelly of Gueller’s statement, Deputy Gueter admitted to having informed Deputy Lipari thatthe Sherif! faced federal indictment. Deputy Gueter stated he and Deputy Lipari met an unmentioned dopey (later ‘deatticd as Detective Sommers) for lanch. Deputy Gusiler inferred that Detective Sommers mentioned the indictment ater Deputy Lipari eft the able wo use de restroom, and when Depaty ‘Lipari returned to the table, Detective Sommers was still talking shout the indictments flee Deputies Guetler and Lipari rctured to dhe vehicle, Deputy Lipari asked Deputy Guetler aboat the conversation he was having with Detective Sommers. Deputy Getler answered her based om information he had reccived from the union, which was a federal indictment was pending tor Sheeiff Scott and could result in an arest. Deputy Guetler felt the eonversation his tance heard ‘oe acceptable as it was daring hls meal break, especialy since he believed the statement to be factual. Deputy Gueter however agreed he should not have entertained het inaulty ofthe ‘matter, after he meal break concluded. At the conclusion of Deputy Guetler’s interview, his representative. Bob Stitt advised {hey could provide documents to support the FBI investigation, Detetive Hick later pho) S.tt who stated they didn’t have the documents but only could provide names ofthe persons who filed the complaiat Detective Hicks completed follow-up interview with Deputy Lipari to clarify the meal break that was mentioned during Deputy Gucter’s statement. Deputy Lipari confined a meal break at a Chinese food restaurant on Fstero Boulevard within Fort Myeis Beach, Deputy Lipa ‘admitted to Jeaving the table to go to the restroom and then went outside to ase her cel phone. Deputy Lipari etured to the able and all dree members let shortly thereat. Deputy Lipari stated at no time while within the restaurant did she hear a conversation regarding aa indictment of Sheriff Scott. Deputy Lipari stated she was not sure if the vonverstion where Deputy Gueter told her of the Sherif’ indictment occurred the dey of the meal break howeves it was not in follow up to a conversation she overheard between Deputy Gnetler and Detostive Sommers Deputy Lipari was assigned to feld train under Deputy Guetler from November 30%, 2015 through December 29, 2015, During this approximate four week taining period, and while atively involved ina field traning capacity, Deputy Lipari noted the feliowang commons ‘were made ther by Deputy GuctlePage 6 + The Sheriff would be arrested by the en ofthe year (2015), ‘+ We need to protect ourselves because the Sheriffs not going i doit ‘+ The Sheriff was going to be put in federal prison. +The allegations against the SherfT involved bribery. + ‘The Sheriffs going down, ‘+ Heknew people on the inside were investigating the Shatitf, ‘+ The Sheriff was doing dirty dealings with # con man, Detective Hicks interviewed Detuctive Sommers who confined he was atthe restaurant swith Deputies Guetler aud Lipari. Detective Sommers noted he had no knowledge othe information poraiing to the Sheil prior to the meal break. Detctive Sommers sated Deputy Guetler initiated the conversation relating to the Sheriff being under federal investiganon Detective ‘Sommers aukdtionaly confirmed Deputy Lipari was not preseal ding. the conversation between him and Deputy Guetler. Depuiy Guetler was provided the follow-up statements of Deputy Lipari and Detective Sommers for his review before he was confonted onthe conflicting statements. Deputy Gets in his second interview clarified be was phoned by Detective Sommer asking if they cold meet, Deputy Getler told him to mect atthe aforementioned restaurant. Deputy Gictter then adhnied (o providing the i fs opposed to infeing that Depsety Sommers asked him about the information as he sate i tial interview. Deputy Guctier Deputy Guetlr felt the information he shared regarding Sheriff Seott being. under investigation by the Federal Bureau of Investigations (FBI) was accurate information ned therefore did not violate the LCSO potiey on disparaging comments, Deputy Giller nas naked {o provide any and all documents to support the feral investigation information in whielt he shared with other members. Deputy Ghictler was unable to provide any documentation for the alleged investigation. “Deputy Guetler however provided matics of the three former CSO members = Kevin Calderone, George Schwing, and Michael Zaleski who told him of the information regarding the federal investigation, Detective Hicks advising Wale he was on the IUPA Board they reesived complaints from LCSO mesnbers of suspeered criminal wrong doings by Sherif Scott, Calderone, Schwing, and he therfore male te camplaint agains! the Sheriff with the ocal FRI office. Zaleski was unable to divulge the full complaint to Detective Hicks citing atthe requostof the FBI. Zaleski sinc they did not recelog {case or complaint number upon filing the roport. Zaleski stated he ddl follow up withthe FD ‘during this intemal affairs investigation and learned the original FBI agent they met with veePaye7 relocated to another assignment in Washington, DC Zaleski at the tire of the eal and emu was waiting on a call from another agent, to advise if le could shure the contents of the complaint. Zaleski was given Detective Hicks” phone number to provide tothe agent for follows op. ‘George Schwing later phoned and reiterated what Zaleski provided. Schwing also did not have any dceuments to support the FBI investigation Detective Hicks conld not make phone contact with Kevin Calderone. Detective Hicks received receipt that the centitied letter arsived at Calderone's addresses however he did act ‘make contact with Detective Hicks, Datetive Hicks make phone coniact with FBI Supervisory Senior Resident Agent SSRA) James Rankine whom sisted he was presen during he mecing FBI Agent Cao Brandon had with Calderon, Schving, and Zaleski. SSRA Rankine stad the ise pos \ ‘information and vas ol thst information would be evaluated to detrmine if untione of aes was within. The ifoemation vas not considered of vale ast mostly peated thi pas information, deeming the mater not worthy ofa fad investigation, SIA Resting ey ‘noted theo was never ol an investigation was active. SSRA sated ether ticle ee tae) reps flowed upon the mara twas revisited ding Gets era atone / investigation : Detective Licks interviewed several tsinees Deputy Guetler had prior to Deputy Lipa, ‘The teainces' mentioned Depuly Guetler showed a passion about the union: howelee ome ae ‘them felt their Daily Observation Reports refleoted or that they had Wo partake in ihe wien vn effectively complete their taining with Deputy Gucler. During the iteviews of Depuly Guetle's trainees and shift mates, no members reported any knowledye of Depuly Guat ‘making derogatory conversations about other members ofthe agency.ston of nvetigaticn ALA-2016-001 signed by Custer 01-024 ‘amended Notiticalion of lavestigaton H1A-2016-001 signed by Gueter 01-026 $lorda’s Ofce Hill OF Rhus signed by Gutter 01.024 Right to Representation signed by Guede 01-024 ena Shor? sOtice AdminstativeProcclings Rights signed by Gute 01-124 "Yo A¥com Complaint of Sergeant Martin Cook Fepaty Lips Daily Observation Report (Completed by Gt) lividence Review Form (3) 1. Digitally econded sworn statements (avd les) 1 Sorgesnt Ronald Brandich 'b. Sergeant Bran Foe! & Sergeant Del Keim Deputy Aranda Tune Deputy Earthen Brown Deputy Pizabots Lip (2) 4 Dafuty Danit Hoiywoud Deputy James Beches Duty Jttey arsek 3 Deputy Tiny Watkins Deputy Steven Oven pera ny Deputy Travis Jl 1. Deputy Cot Mastrs 9. Detetve evar Sommers (2) . 4 opty Tewsne Geer) ui exchange ba ween Michae Zaleski and Detective HicksPages Conclusion: Jn alltestmeny and documents gathered, there was wo evidence Deputy Guetler used his Pajiion as » Fick! Training Oficer as a means to influence Deputy Lipa, andr bie ahs {Rinses a Join or participate in any union related matters Additionally ers wes noida to support that Deputy Guetler gave Deputy Lipari low scores on her DORs for lack ohne, Dartiipation ony’ that he met with Detestive Sommers Sheri was the target of an aetive PBT ‘ation, The information Deputy Getler provided was given o him by word af wecy SO employees. Deputy Guetlr admitied he wes not prevem duting the sea ih the FBI nor has he observed any documentation about a formal ineatgeins against Sheriff Scot, Deputy Gueter nor any other union representative involved in his mater, could provide sane rnration t0 suppor the allegation of Shesiff Sot under aay eriminl invesugntion ‘with the FBI. Jens Gueler told his trainee thatthe Sherif, whom they ate both employed by, was {cing «federal indictment. Depoty Gueter amit he shared the information oth ie anes i Wwetsation she heard between him and anoties LCSO seal beep Guat fel the conversation his tine heard was acca at was dro his meal break, especially since he belived the statemet tobe facta, Deputy Gustoc noe arse in tefection the conversation they had could “look bad” in the eyes ofa ner aloes ond He should not have entertained her inquiry of the matter afer the meal break concloda SI atmkins lofied dat three former LCSO employees had an snfonnal meeting Se ET Agents fo make a complaint on Sheriff Scot; and that te information provided dado support initiation af« federal investigation Deputy Guetler only armed with hearsay information provided such information to members of the agency. Deputy Quetler in his fr interview infered that Detective See) initiated the conversation pertaining to the Sheriff being under investigation by the TBI; hone in his follow up statement aimitted he in fact initiated the conversation. ‘The information ae {termined foe false and therefore discminated with disregard to the tuts thercore Depees ater emed discret wpon himself asa member ofthe Lee County Shera Oca cceing Substantial doubs and concem regarding his hanes inert, fines, o resp forthe rights otPage 10 Cae is as ofthe county, tate o nation. Therefore the allegation of: Impreper Conducts Conduct Unbecoming Officer/Member: (26.1.24.67) is substantiated, J. Detective Travis Hicks, do hereby swear, under penalty of perjury, that to the hest of Mowe ent: NSM: information, and belie, have not knowingly or wilfully deprived, or sipime othe to deorive, the subject of te investigation of any of the right cece 48.112.532 and 112.533, Florida Statues, Swom to and subssibed before me this 23rd day of March, 2016, tn ay Detective Travis Hicks (1-148 Lee County SherifP’s Office Se Ego ilors 27...