Monday, November 11, 2019

Arrest Under Review


On Monday, June 24, acting Chief of Police Dave Baer sent out a notice regarding an arrest under review on Marco Island.

The notice is as follows:

An informed public often finds itself in a position to trust or build trust in its government. With this concept in mind I would like to brief you on an ongoing situation with the Marco Island Police Department. A local media representative has notified MIPD that he intends to publish a story on Tuesday regarding the arrest of adult female for resisting arrest. The arrest occurred when the female’s significant other was arrested for domestic battery where she was the victim. Regrettably not an uncommon occurrence in these type incidents. I have attached a copy of the case material for reference. The State Attorney’s Office has decided not to proceed with the prosecution of the female. This too, is not uncommon. The standard required for an arrest is probable cause, while the standard for prevailing in court is proof beyond a reasonable doubt. The standards are not synonymous: probable cause is a much lower hurdle, and therefore people are frequently arrested by law enforcement but not prosecuted by the state. The female who was arrested has not filed a complaint with MIPD (or any other organization to my knowledge) nor communicated with the MIPD post-arrest in any manner. The reporter has asked a series of questions and provided what has been asserted as post-arrest photographs which show bruising. I believe the questions and photographs justify further inquiry or vetting. I have asked investigators to review the case, including the additional information provided by the reporter. We are reviewing arrestee & officer actions, as well as associated policies. It is far too early to suggest any policy violations or policy failures. As expected, I have been in communication with the City Attorney, who concurs with my course of action to date. The purpose of this communication is to provide early and detailed information, to prevent surprises with corresponding concern and/or disappointment due to a lack of information – in the spirit of proactive transparency.

As this matter is under review, I will refrain from further comment until the review has concluded.

David S. Baer

Acting Chief of Police
Marco Island Police Department

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This is a developing story, please check back for updates. 

 

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