Pinellas County Florida Criminal Lawyer Blog

A few days ago, I wrote a scathing blog entry about Hernando County detective who was arrested for domestic battery. 

Not really shocking to me or anyone else reading this - those charges have been dropped.

According to the newspaper article (see St. Pete Times), the wife was drunk, blacked out, and was out of control. 

Of course it was all her fault.  Why wouldn't it be?

I guess he gets his gun back. 

(I actually wrote part of this blog last week and am glad I waited to publish it.  There was a great editorial about this on TBO.com and the comments afterward are right on point.)

Deputy (or detective) Jeff Swartz was arrested last weekend for domestic battery on his wife.  Although I certainly don't mean to wish ill will upon anyone, certainly not Mr. Swartz's wife, I feel like I saw this coming.  I have worked with Det. Swartz and happen to personally know that he has very loose ethics and boundaries when it comes to being a law enforcement officer.  If my readers have sensed and overwhelming dislike of law enforcement in this blog, Det. Swartz is partially to blame.  He worked on a car burglary case where I represented a kid with no prior record. Prior to any charges being filed, I called Detective Swartz to see what the facts of the case were and to see if I could prevent the charges from being filed.  He welcomed the opportunity to talk with my client.  When I brought my client into Detective Swartz's office, my client signed a form which basically said he would be charged with only 3 crimes and would be granted immunity on any other crime which he revealed to Det. Swartz in our meeting.   

During that meeting, I asked Det. Swartz on at least 3 occassions whether or not we were being recorded.  "No", he said each time.   

Several weeks later, Det. Swartz charged my client with 7 other crimes, clearly using the evidence my client gave him during the meeting.  According to the police report, and Det. Swartz's statements to the State Attorney, that wasn't how he found the evidence.  I knew that wasn't true and I presented that evidence to the assistant State Attorney. The assistant State Attorney told me he had seen the tape of the interview.  "What tape?" I asked.

"The tape of your client's interview in the Sheriff's Office."  the attorney replied.

"Det. Swartz told me several times that the conversation was not being taped." I replied.

"You have no expectation of privacy in a police department." the attorney told me.

While it may be true that I have no expectation of privacy in a police department,  I do (or used to) have an expectation that a sworn law enforcment officer won't lie when he's asked a direct question by a defense attorney.  I was able to work out an ok deal for my client, but I will never forget the extent of  Detective Swartz's questionable investigative tactics. He also wrote a press release and released the name of the juvenile, clearly seeking kudos for himself and his great crime solving skill.  Note that my client was a kid, with no prior record, and these were car burglaries - not murders. In my 10 years of working with police, I have never encountered a member of law enforcement, with such questionable ethics.  Somehow I knew that his karma would catch up with him.  It has. 

On Saturday night he was arrested for Domestic Battery against his wife. (detective Jeff Swartz)  He's now on administrative leave.  Apparently, he strangled her and grabbed her and she had red marks on her arms consistent with injuries from him. (Note that this is his booking photo - why does he get special treatment?)

 Interesting to me is the repsonse from the Hernando Sheriff's Office and the public in this case.  Check out this editorial from TBO.com.  Most interestingly, check out the reader comments beneath it.  Note that almost everyone who cares enough to comment on this realized the complete inconsistencies with what Swartz was charged with and what the average person would have been charged with. 

This case will be prosecuted in Citrus County, because the State Attorney's Office in Hernando has a conflict. (See TBO.com article from October 9, 2009)

According to the Hernando Clerk's website, he will be hiring a private attorney.  Interesting . . . . although I handle a ton of domestic violence cases, I would never handle his.  But I might represent her . . . for free.  October is Domestic Violence Awarness month, I wonder how the Hernando County Sheriff's Office will handle this.

DISCLAIMER:  THIS ARTICLE REFERS TO HERNANDO COUNTY ONLY AND THE WRITER HAS NEVER HAD ANY SIMILAR EXPERIENCES WITH PINELLAS, PASCO, OR HILLSBOUROUGH COUNTY SHERIFF'S OFFICES.

Both the St. Petersburg Times and the Tampa Tribune printed articles about a St. Petersburg police officer who resigned rather than being fired. Although the resignation, nor the almost firing are really important to me, he was about to be fired for lying and cheating.  The reason for being untruthful is what bothers me. 

Apparently, according to the papers,  Reynaldo Smith and his girlfriend were in some kind of argument which worried his roomates enough to call the police. Note his girlfriend didn't call the police, someone else did. This always says something to me, because for someone else to get involved in anyone's domestic problems, it had to be bad.  Plus, whoever called the police had to know he was a cop, and how much trouble he could potentially be in if he was arrested for beating his girlfriend - or what he might do to them when he realized they were the ones who called.

When Hillsborough deputies arrived they find Mr. Smith to be entirely uncooperative, and refusing to leave his girlfriend's side while telling her not to talk to the police.  Hmmm . . . this SCREAMS domestic batter to me. I see this behavior all the time because I handle so many  domestic violence cases, but I would think a police officer, knowing how someone usually goes to jail in a domestic dispute, would know better than to act like this. Additionally, he refused to give up his weapon. (note in the Hillsborough County Clerk website there's a motion for return of property which was granted by the Court. Although I do not know exactly what property he was requesting be returned, I can guess.) If anyone knows the girlfriend, please talk some sense into her, this guy is an accident waiting to happen.

Last week, the police were called to a house in Dade City, FL regarding  a domestic dispute.  From the news article it is unclear who called the police.  It seems the couple, who had 2 very young children were arguing about the man not having a job. They are accused of biting each other. Upon entering the house, the police found:  filth, including animal feces and dirty diapers, a 7 month old baby and a 2 year old, meth, marijuana, and a pipe bomb.  The woman,  was arrested for child neglect, battery, and possession of drugs, as well as the pipe bomb.  The man, who fled the house, was apparently not arrested, until several days later. (See St. Pete Times article from 8/22/09) That is the point of this blog. 

In Pasco County, I hear more and more stories of women who are arrested for domestic battery when they are clearly not the victim, or, it is a clear case of self defense.  Additionally, as in the above case, someone, and rarely both, is arrested for possession of drugs or firearms, when there are clearly two people living in the house.  Why arrest the woman?  Because she was there.  To the police - why not go look for the man?  Why does he get away and the woman takes the rap? 

I've represented women who were defendants in domestic violence cases who were clearly the victim.  A common fact pattern is one where the man is attempting to prevent the woman from leaving the home during an argument by taking her cell phone and/or car keys. In an attempt to get away, the woman will push the man out of her way trying to get away from him. SHE gets arrested for battery.  What's wrong with this picture?

Additionally, we've all heard stories about woman with Domestic Violence Injunctions against someone, who are killed, or harmed, or worse yet, their children are.  The case in Tampa where the boyfriend was hiding in the girl's house and stole her baby and threw him out the car window. (McTear) There was a case in North Carolina last year, where the wife had a domestic violence injunciton against the husband and he snuck in the house and raped and killed her 17 year old daughter.  (Read article)  Why don't domestic violence injunctions work?  Because it's merely a piece of paper - it's not a safeguard.

If you are a woman, and you're the victim of domestic battery, call me.

And to the police - the policy on domestic violence, especially in Pasco County, is an accident waiting to happen, and entirely preventable with a little education and training.  

Last Wednesday the Treasure Island police arrested a woman for domestic battery.  That's not the strangest part, because plenty of women are arrested for domestic battery, whether they are the agressor or not. 

This woman was arrested for "poking" her live in boyfriend with a sex toy.   According to the St. Petersburg Times article from Saturday, July 11, 2009; there was no allegation of injury or real threat of violence.  I guess, technically speaking, "poking" is a battery, which is any unwanted touching. But was this touching unwanted?  With a sex toy? 

Apparently, he was the one who called the police.  And they arrested her.  Must of have been a slow night in the Treasure Island Police Department.  If this arrest isn't a cry for why that agency needs to be consolidated into Pinellas County Sheriff's Office, I'm not sure what is.

What this arrest shows is how "seriously" the police take domestic battery complaints.  Especially if someone is drunk.  In most instances, if the police are called to a domestic battery incident, someone gets arrested.   Especially if someone is drunk. So unless you are the victim of a crime or in fear for you safety, don't call the police.  Their job isn't to monitor your sex life.