Owner of Blowin’ Smoke Vicki Macko [Mugshot]Citrus County, Florida — After a year of investigations, detectives with the Citrus County Sheriff’s Office Tactical Impact Unit along with agents from FDLE launched search warrants in three smoke shops Thursday which have been selling illegal synthetic cannabis (commonly known as Spice or K2). Happy Timez Tobacco Shop in Inverness, Blowin’ Smoke in Hernando, and Funky Groove in Crystal River actively sell this drug, and have been previously warned and made aware of the legal ramifications if they continued to sell it.
Evidence photo of the Synthetic Marijuana on display for sale.
As a result of the operation, 2,170 packages of synthetic cannabis were confiscated. The street value of these drugs ranges from $32,500 to approximately $42,500 when sold at regular retail price for $15 to $25 a package. Some of these illegal substances sell for $35 – $50 a package. $10,718 was also seized from all three stores combined.
Vicki Macko, 54, owner of Blowin’ Smoke in Hernando, was arrested on two counts of sale of a controlled substance. The Citrus County Sheriff’s Office will continue to pursue charges on the store owners and clerks who sold unlawful substances and had knowledge that what they were selling was illegal. After conducting interviews detectives will be following up with arrests when the FDLE confirms the substances which were taken from the stores during the operation were truly outlawed substances.
Synthetic cannabis has been designated by the Legislator of the State of Florida, Senate Bill 294, as a Schedule I controlled substance effective December 11, 2012 and updated to include newly identified synthetic chemical substances on April 24, 2013. The Citrus County Sheriff’s Office is working on a county ordinance to “outlaw” the sales of these chemicals in Citrus County. Several surrounding counties have had success with the county ordinance. However, it may still possibly be sold underground.
The Citrus County Sheriff’s Office will continue their partnership with the Anti-Drug Coalition of Citrus County in an effort to educate store owners and the public of the harmful effects of the synthetic products. Through the campaign which started in September 2012, the Sheriff’s Office has been able to convince the majority of convenience stores in the county to voluntarily stop selling the products.
Synthetic cannabinoids are derived from chemical compounds that are related to the basic structure of the THC (Tetrahydrocannabinol), which is the primary active chemical in cannabis (marijuana). The problem is that the manufacturers of these chemicals have changed the chemical compound to add a carbon molecule or other chemicals which alters the chemical structure. Therefore resulting in an unknown synthetic substance that has similar properties to cannabis with other side effects such as hallucinations, anxiety, euphoria, and mind altering episodes that have not yet been studied.
Ocala, Florida — Real estate sales are on the rise in Marion County. The economy seems to be improving, and more people are buying homes and taking advantage of the low prices from short sales.
The Florida Realtor Association wrote in July , “U.S. Consumer Confidence is up 7 points from May but even more impressive is the year-over-year gain. In June 2012, the level was 62.7 and now in June 2013, confidence is at 81.4 – up 18.7 points. The National Association of Realtors reported growth in closed sales and their latest Pending Home Sales Index is at the highest level since 2006.”
The Florida Realtor Association claims that sales are up for Florida particularly Marion County and Orange County (Orlando Area).
Ocala Post has been investigating the so called rise in real estate sales for nearly 30 days. Ocala Post discovered that sales are up, however the numbers have not risen because residents in Marion County are buying homes.
After seeing the charts prepared by the Florida Real Estate Association, one would think home purchases by middle class families had increased, however that would be an incorrect assumption.
A closer look revealed that more than 39 percent of homes being sold are being purchased by foreigners for the use of investment. Investment groups and individuals from the Middle East, Canada, Brazil, and Africa are purchasing homes by the handful and using them as rentals. Many of the investors set up shop in South Florida then hire brokers to do their shopping, usually hitting towns that have been hit hard by an economic downfall.
The Florida Real Estate Association puts on a good show using pie charts and bar graphs, but never actually coming out and telling the public who is purchasing the homes. And all the while trying to make Americans think the home purchases are boosting the economy.
The most recent purchase in Ocala was the 50,000 square foot complex on Silver Springs Boulevard that sold to an unknown Brazilian investor for $1.05 million dollars. Public records revealed that the foreign company is called DRS2 Galaxy based out of South Florida. Ocala Post asked around and no one, not even agents or brokers seems to have ever heard of the investment company.
A middle class family does not benefit from the sale of a property to a foreigner, the broker and the real estate agent benefit from the sale. The county collects the taxes on the property. Some may argue that the collection of taxes benefits residents, however with the careless purchases made recently by the county, that is certainly an arguable point.
If an average American family wanted to buy a home in today’s market it would take a large cash down payment to get that home. Ocala Post spoke with a local agent who wishes just to be called “she,” and she said, “While the numbers look good on paper it’s actually not that great. I am seeing middle class families trying to purchase homes for $50,000 in not so great neighborhoods and being required to have 30 percent down, that’s $15,000. Families do not have that kind of money in the bank.” She added, “Foreign investors are not even taking out loans, they are coming to Florida with cash and purchasing homes outright. Most of the foreign buyers I have dealt with use brokers, then when the deal is done the buyer returns home and has someone they know that lives in the area watch over the properties. The money in my opinion is not being put back into the local economy, it’s going back to foreign land.”
Ocala post tried to speak with several other real estate agents, but they all said they didn’t have any comments on the situation.
Ocala Post found that many foreign governments will not allow Americans to own land, homes, or businesses in their country, Americans can only rent in many areas. However foreigners come to America and open gas stations, buy up houses, and hotels as they are welcomed with open arms.
One of the largest deals to ever take place in Marion County was the selling of the Kwik King chain many years ago. The chain was owned by an American who sold to a Middle Eastern group, and nearly every American employee was laid off. The group then brought in their own Middle Eastern people to run the stores.
Ocala Post was also told by a CPA that foreign buyers, particularly buyers from India, often skip out on paying taxes on money earned from their investments.
Ocala Post didn’t uncover a huge conspiracy. Everyone knows that real estate is being bought up by India, the issue is within the numbers and how the figures are presented to the public. It is unethical to tell Americans the economy is recovering because real estate sales are up, but neglecting to mention that the homes being sold are not being purchased by locals; it’s misleading to the public.
We want to hear from you. Do you think the U.S. is to lenient when it comes to selling real estate to foreigners? Do you feel selling to foreigners helps the economy?
Cole Decker [Mugshot]Marion County — Marion County residents beware of a dangerous sex offender who was released from the Marion County Jail on bond at 11:49 a.m. on Thursday, November 7, 2013.
Cole Stephen Decker, 19, as of October 30, 2013, was being held on one count of Capital Sexual Battery on a Child under 12 Years Old and one count of Lewd or Lascivious Exhibition but has since been released after posting a 75,000 bond.
Decker was arrested after Deputy Rawls with the Marion County Sheriff’s Office responded to a home in Ocala regarding a sex offense complaint, according to reports.
The reportee told Deputy Rawls that after having a talk with his 11-year-old step son, he learned that between the dates of August 1, 2013 and October 22, 2013, Decker had molested the 11-year-old boy on more than one occasion.
The victim was taken to Kimberly’s Center for Child Protection for an interview with investigators. According to reports, during the interview, the victim stated the first incident took place in August 2013, while he and his 10-year-old cousin were staying overnight at the home of their grandparents located in Belleview. The grandparents were not home when the assault took place, according to authorities.
The victim told investigators that Decker lured the 2 boys into a bedroom of the residence and said, “Hey, I wanna show you something.” Both boys went into the bedroom, which was used by Decker, according to reports. The victim stated that once they were all inside the bedroom, Decker produced a “fake vagina” masturbation device and showed it to both boys. According to reports, Decker then sexually aroused himself and then masturbated with the device to the point of ejaculation. The victim told authorities that this was done in he and his cousin’s presence.
The victim stated that after Decker was done, he gave the device to the 11-year-old boy and encouraged him to use it to masturbate. The boy told investigators that he did indeed use the device and that it “felt good”. According to reports, the device was then offered to the 10-year-old boy who declined to participate in any sexual acts.
Decker then took the boys outside to play for while after the masturbation incident, according to reports. When it began to get dark outside the three went inside to get washed up. The victim stated the he got in the bath while his 10-year-old cousin got into the shower of the same bathroom. Reports say, Decker entered the bathroom a short time later and got into the bath tub with the victim. The victim told investigators that once in the tub, Decker leaned forward and placed his penis in the boy’s mouth and placed his hand on the boys penis and went up and down.
According to reports, the victim stated that on another occasion in October 2013, Decker was at the boy’s house playing video games with him and Decker began to “tickle” the victim lightly on his genital area. The victim stated that later Decker taught him how to masturbate. The victim stated that Decker told him to make a circle with his hands and they lay in a bed and masturbated. The boy advised that Decker went up and down on his penis until he ejaculated.
On October 30, 2013, authorities made contact with Decker in an attempt to interview him. According to reports, Decker stated that he did not want to speak about the investigation and requested a lawyer. Decker was placed under arrest and transported to the Marion County Jail.
It is unclear as to who paid the bond for Decker to be released from jail. His next court date is scheduled for December 3, 2013 at 9:00 a.m.
If convicted, Decker could possibly be facing life in prison without the possibility of parole.
Florida Supreme Court ruled in 1977 that the death penalty can only be imposed if a Capital Felony causes the death of another.
Daniel Gonzales [Mugshot]Dillingham, Alaska — Alaska state troopers had been investigating accusations that a police officer with the Togiak Village Police Department had sex with a minor in his patrol car for several days when the man confessed.
Police officer Daniel A. Gonzales, 22, was arrested Friday after he admitted to having sex with the minor and insisted the sexual encounter was consensual.
However Alaska state law does not allow for consent between a 16-year-old and a person over the age of 20 that hold a position of authority.
According to troopers, Gonzales drove the victim home during his shift on October 21, 2013. Gonzales then began texting her, asking if she would like to go for another ride.
Gonzales picked her [victim] up later that same evening in his patrol car and drove the victim to a secluded area outside of town where the two then had sex.
The victim told authorities she was frightened during the sexual encounter and that Gonzales said threatening things. After the incident Gonzales sent the victim text messages; one stating he was sorry for his actions and another asking to meet again. The victim claims she deleted all of the text messages after Gonzales told her too.
Gonzales had only worked for the police department for nine days before the incident on October 21, 2013 took place. Gonzales was fired the day he was arrested.
Gonzales was charged with felony Sexual Abuse of a Minor, Gonzales’ bail was set at $10,000.
Charles Walker [LEFT] Joseph Jenkins [RIGHT] $20,000 reward for information leading to an arrest of the person(s) that helped plan the escape.Central Florida Crimeline is joining the Florida Department of Law Enforcement and Attorney General Pam Bondi, in offering up to a $20,000 reward for information related to the investigation into escaped inmates Charles Walker and Joseph Jenkins.
Walker and Jenkins were both serving life sentences but were mistakenly released after someone on the outside drew up fake paperwork and forged it using the names of a state attorney and a judge in Orange County. The paperwork which had an order to reduce the sentences of both men, made its way from the Orange County Clerk of Court to the Florida Department of Corrections resulting in the release of Walker and Jenkins.
Charles Walker and Joseph Jenkins, were captured around 6:40 p.m. Saturday, October 19, 2013, at the Coconut Grove Motor Inn on Front Beach Road. The two were taken into custody without incident.
Anyone with information regarding the individual(s) that helped plan Walker’s and Jenkins’ escapes is urged to contact Crimeline at (800) 423-TIPS (8477). Calls made to Crimeline remain anonymous and tips that lead to an arrest involving this case could be eligible for a reward of up to $20,000.
There are three ways people can give their anonymous tips:
· Call 1-800-423-TIPS (8477)
· Visit the Crimeline website: www.crimeline.org
· Text “crimeline” plus tip information to CRIMES (274637)
Light Up Ocala, the community’s official kick off of the holiday season, is held on the Downtown square on November 23, 2013.
The Parade begins at 4:30 p.m. and the “Lighting of Ocala” will take place at 7:30 p.m., presuming there won’t be any technical difficulties.
There will be entertainment, food, activities, and vendor sales until 9 p.m.
There will be a synthetic ice skating ring opening at Light Up Ocala just north of Citizens Circle, 151 SE Osceola Ave.
This will mark the 30th year of Light Up Ocala.
This event has outgrown Ocala, so if you want to get a good spot, arrive early.
Road closures Saturday, November 23, 2013:
8 a.m. to 12 a.m.:
NE/NW 2nd St. from NE Watula Ave. to NW 1st Ave.
NE/NW 1st St. from NE Watula Ave. to NW 1st Ave.
SE/SW Broadway St. from SE Watula Ave. to SW 1st Ave.
SE/SW Ft King St. from SE Watula Ave. to SW 1st Ave.
SW/SE 2nd St. from SW 1st Ave. to SE Osceola Ave.
N/S Magnolia Ave from NE/NW 3rd St. to SE/SW 3rd St.
SE/NE 1st Ave. from SE 3rd St. to NE 3rd St.
NE/SE Osceola Ave. from NE 3rd St. to SE Ft King St.
12 p.m. to 12 a.m.:
SR 40 from NE 8th Ave. to N Pine Ave. (US 441).
Detour Routes:
SR 40: N Pine Ave. to NW/NE 14th St. (SR 492) to NE 8th Ave. back to SR 40.
NE/NW 2nd St.: NE Watula Ave. to NE/NW 3rd St. and to NW 1st Ave.
NE/NW 1st St.: NE Watula Ave. to NE/NW 3rd St. and to NW 1st Ave.
SE/SW Broadway St.: SE/NE Watula Ave. to NE/NW 3rd St. to NW/SW 1st Ave. back to SW Broadway St.
SE/SW Ft King St.: SE/NE Watula Ave. to NE/NW 3rd St. to NW/SW 1st Ave. back to SW Ft King St.
SW/SE 2nd St.: SW 1st Ave. and to SW/SE 3rd St.
N/S Magnolia Ave (southbound): NW 3rd St. to NW/SW 1st Ave. to SW 3rd St. back to S Magnolia Ave.
SE/NE 1st Ave. (northbound): SE 3rd St. to SE/NE Watula Ave. to NE 3rd St. back to NE 1st Ave.
NE/SE Osceola Ave.: NE/NW 3rd St. to NW/SW 1st Ave. to SW/SE 3rd St. back to SE Osceola Ave.
Volusia County, Florida — The Volusia County Sheriff’s Office needs the public’s help to catch a man who committed an armed robbery in Deltona on the morning of Tuesday, November 5, 2013.
Around 7:30 a.m. a woman called the sheriff’s office to report that she had been robbed as she walked out of the Family Dollar located at 1401 Howland Blvd, according to reports.
The woman is an employee of the Family Dollar and says that as she walked out of the store holding a bank deposit bag, a black male jumped out of some nearby bushes, pointed a gun at her, and demanded the bag, said authorities.
The victim told investigators that a black man wearing a blue sweatshirt, jeans and a gray and red baseball cap confronted her with a handgun. She stated that the man gestured at the bank deposit bag, containing an undisclosed amount of money, and said, “Let me get that.” Once he grabbed the bag, the man then ran around the building out of sight. The victim also stated that the robber had gold teeth, was about 20 years old, and was about 5’ 6’’ with a medium build.
According to the sheriff’s office, several deputies, a k-9 team, and a sheriff’s office helicopter responded within five minutes of being dispatched to the call but were unable to locate the robbery suspect.
Anyone with information about the robbery is asked to contact the Volusia County Sheriff’s Office at (386) 860-7030 or Crime Stoppers of Northeast Florida, toll-free, at (888) 277-TIPS. Residents can also text a tip by texting “TIP231” plus the message to CRIMES. Tipsters who provide information to Crime Stoppers will remain anonymous and can qualify for a reward of up to $1,000.
Robert Buchanan [Mugshot]Summerfield, Florida — On November 4, 2013, a woman called the Marion County Sheriff’s to report that the 19-year-old boy identified as Robert Lee Buchanan, had sexually molested her daughter.
According to reports, the victim’s mother advised deputies that Buchanan is a family friend who had been living with them for several months.
The mother told authorities that on November 4, she walked from her bedroom into the living room and observed Buchanan and her 6-year-old daughter sitting on the couch with a blanket over them. The mother stated that when Buchanan realized she had entered the living room he quickly moved his hand in a “jerking motion”. She told deputies that she then heard her daughter ask Buchanan, “Why did you stop?”
The mother then took her daughter outside to ask her what happened. According to reports, the victim told her mother that Buchanan had digitally penetrated her.
The victim was transported to Kimberly’s Center for Child Protection to be interviewed by Case Coordinator Jeanette Knonsary. Authorities say that the victim disclosed to Mrs. Knonsary that Buchanan had put his finger inside her “Coo-Coo” (pointing to the vaginal area on a drawing) and touched her “booty” with his hand. The victim disclosed that on another occasion Buchanan had touched her “coo-coo” with his mouth, according to reports.
Buchanan was taken to the Marion County Sheriff’s Office where he was interviewed by Deputy F. Scala. Buchanan admitted to putting the tip of his finger inside the victim’s vagina and also licking the victim’s vagina as well. According to reports, Buchanan claimed that the 6-year-old girl took his hand and made him touch her vagina. He stated that the victim also tried to get him to touch her on November 3, 2013, but he did not do it.
Buchanan was arrested and charged with two counts of Sexual Battery on a Child under 10-years-old.
He is being held in the Marion County Jail on a $50,250 bond.
Washington – The American people have again responded in droves to the most recent DEA-led National Prescription Drug Take-Back Day. Last Saturday citizens turned in 647,211 pounds (324 tons) of expired and unwanted medications for safe and proper disposal at the 4,114 take-back sites that were available in all 50 states, the District of Columbia, and U.S. territories. This is the second-largest collection of medications in seven Take-Back Days. When the results of the seven events to date are combined, the DEA and its state, local, and tribal law-enforcement and community partners have removed over 3.4 million pounds (1,733 tons) of medication from circulation.
“The American people have once again responded to the National Prescription Drug Take-Back Day event, and we thank them for participating in this effort to battle prescription drug abuse,” said DEA Administrator Michele M. Leonhart, who added that 4,032 agencies participated with DEA nationwide in this event. “These take-back events highlight the problems related to prescription drug abuse and provide a unique and meaningful service to our citizens. While we continue to finalize a uniform system for prescription drug disposal, we will continue to sponsor these take-back opportunities and give Americans the opportunity to contribute to the solution. DEA is grateful to the many federal, state, local, and tribal partners that have helped make this effort so successful.”
This initiative addresses a vital public safety and public health issue. Prescription drugs that languish in home medicine cabinets are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the U.S. are alarmingly high; more Americans (6.8 million) currently abuse prescription drugs than the number of those using cocaine, heroin, hallucinogens like LSD, and inhalants (sniffed household products) combined, according to the 2012 National Survey on Drug Use and Health. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet.
Take-Back Days are presently needed because the Controlled Substances Act (CSA) as originally written didn’t provide a way for patients, caregivers, and pet owners to dispose of such controlled substance (CS) medications such as painkillers, sedatives, tranquilizers, and stimulants like ADHD drugs. People were flushing their old meds down the toilet or throwing them in the trash, but in recent years medicines have been found in the nation’s water supplies, and medications were being retrieved from the trash by those who would abuse or sell them.
To give people a more environmentally responsible and secure way to dispose of their meds, DEA launched its first Take-Back event in September 2010. Four days later, Congress passed the Secure and Responsible Drug Disposal Act of 2010, which amends the CSA to allow people and, in some instances, long term care facilities to regularly, conveniently, and safely dispose of their CS medications by delivering them to entities authorized by the Attorney General to accept them. DEA is in the process of finalizing regulations to implement the Act.
Postal Worker Alzet Parker [Mugshot]Palm Beach County, Florida — U.S. Postal Employee Alzet Parker, 51, of 1767 North Jog Road, Apt 106, West Palm Beach was arrested and transported to the Federal Court house for fraudulent use of credit cards.
Parker had been steeling credit cards from postal customers since 2012 and then using the cards for her own personal shopping sprees. Many of the shopping sprees took place while Parker was still wearing her Postal Service uniform.
Alzet Parker making a purchase with a stolen card.
Parker was living up her life style at the someone else’s expense.
Parker made purchases at Hess, Target, Home Depot, BP, Walgreens, Burlington Coat Factory, Publix, Longhorn Steakhouse, Piccadilly Shoes, Big Lots, Pet Smart, Two Drunken Goats, Wings Beach Wear, and Wendy’s.
Among the purchases was a new washing machine from Home Depot, alcohol, grocery shopping trips, a new wardrobe, and plenty of gas to get her around.
Parker spent a total of $13,000 that has been accounted for so far. Authorities say there may be more victims out there that just don’t realize they have been victimized yet.
Parker confessed to her crimes after she was arrested.
The US Attorney’s Office is now handling the case.
If you think you have been a victim of Alzet Parker please call the Palm Beach County Sheriff’s Office at 561-688-3082 or contact the US State Attorney’s Office.
Victims may be in the Margate (Broward County) area.
Marion County — The Marion County Sheriff’s Office is looking for two suspects who carjacked a tow truck driver. This incident took place around 12:45 a.m., Wednesday, November 06,2013 along the 8400 block of NW 193rd Street in Reddick.
The victim [driver] told detectives he got a call to tow a vehicle to Gainesville. The victim said he arrived to find a woman sitting in a white Mercury Grand Marquis.
The victim said he held a brief conversation with the female suspect about the tow. All of a sudden, the victim said, a man came from the woods with a handgun. According to the victim, he was ordered to the ground. At one point, he took off running and the suspect fired the handgun. The male suspect eventually drove away with the tow truck.
The first suspect is simply described as a heavy-set black female who might be 30-40 years old. The second suspect is described as a black male who stands about 6 feet tall.
He was last seen wearing a dark ski mask and dark clothing. The truck is a 2005 International Flatbed with an aluminum bed. The logo “Big Oak Towing” is on both sides of the truck.
To help, call in an anonymous tip to Crime Stoppers of Marion County at 368-STOP or 368-7867. Text tips to 274637 using keyword 368STOP. Tips can also be submitted at www.ocalacrimestoppers.com.
Ocala, Florida — Marion County law enforcement are under attack, and this time it’s not from the Commission.
Marion county has an arsonist that is targeting law enforcement. As with any arsonist, the fear of him/her evolving is always a possibility, according to experts. Experts agree that this is a situation that should not be taken lightly. The possibility of law enforcement or Marion County residents being harmed is real and everyone is being asked to be on high alert.
As residents will see from the time frame below, the arsonist is displaying boldness by setting two of the fires in late evening and not always hiding in the darkness of early morning hours.
Numerous vehicles and a residence in the Whispering Pines Subdivision have been the target of an arsonist. The Marion County Sheriff’s Office, in conjunction with the State Fire Marshal’s Office and the Ocala Police Department are working harmoniously to capture the person(s) responsible for the following acts:
• On June 10, 2013 at 12:15 a.m. MCFR responded to a fire at an abandoned residence in Whispering Pines Subdivision off of S.W. 103rd Street Road.
• On September 21, 2013 at 11:00 p.m. a citizen’s vehicle was burned in his driveway, near Whispering Pines Subdivision off of S.W. 103rd Street Road.
• On September 29, 2013 at 9:30 p.m. the personal vehicle of a Marion County Sheriff’s Deputy was burned in his driveway, near Whispering Pines Subdivision on S.W. 103rd Street Road.
• On October 7, 2013 at 1:43 a.m. the marked patrol vehicle of a Marion County Sheriff’s Deputy was burned in his driveway, Whispering Pines Subdivision off of S.W. 103rd Street Road.
Marion County Sheriff patrol car torched by arsonist [Click photo to enlarge]• On October 13, 2013 at 1:30 a.m. the marked patrol vehicle and the personal vehicle of an Ocala Police Department Officer was burned in her driveway, Whispering Pines Subdivision off of S.W. 103rd Street Road.
OPD car torched by arsonist
Detectives need the public’s help. If you know anything about these cases, please contact Detective Steve Osborne at (352) 438-5940. There is up to $5,000 in cash for your information leading to an arrest and conviction.
Ocala, Florida — Since Sheriff Chris Blair was elected as Sheriff in 2012, Blair and the Sheriff’s Office have been under constant attack. The most recent attack on the Sheriff’s Office is scrutiny for the disbursement of Longevity Pay that was due to staff. Longevity pay is nothing new with the Sheriff’s Office, it has been in play since 1987.
Ocala Post personally sat down with Chief Fred LaTorre and asked him about the disbursement of Longevity Pay.
” It only seems morally fundamental to allow deputies to have their Longevity Pay before the holidays, especially since the Commission removed the possibility of raises this year, not to mention that three percent of each person’s pay is required to be paid in toward the Florida Retirement System,” Chief Fred LaTorre of the Marion County Sheriff’s Office said. He added, “How could deputies be expected to forfeit their Longevity Pay after being forced to give up an increase in pay for Cost of Living.”
Something Marion County residents should be made aware of is that Longevity Pay is not a bonus nor is it a pay raise as one has absolutely nothing to do with the other.
After reviewing Statutory Reference: Section 121.021(22), (24), and (47), Florida Statutes and FRS Rule Reference: Section 60S-6.001(11) and (16), Florida Administrative Code it is made abundantly clear that Longevity Pay is not a bonus.
Salary additives that begin early in one’s career and continue annually until retirement, although not part of the base pay, after time become a permanent part of the member’s total pre-retirement income. Because of the permanence and duration of these payments, they more closely resemble base pay compensation than bonuses. Salary additive payments should be reported to the FRS if they meet all of the following conditions (payments in this category are not considered bonuses):
They are paid pursuant to a formal written policy of the employer which applies to all eligible employees equally:
They begin no later than the eleventh year of employment (an exception would be a recently implemented policy where some employees already have passed the eleventh year):
Once payments have begun, they are paid for as long as the employee continues employment; and
The payments are paid at least annually.
In April of 1987, the Operation Directive was adopted by the Marion County Sheriff’s Office. In this directive there are certain provisions set forth for all staff of the Sheriff’s Office, it is not only for sworn deputies. As the Sheriff’s Office evolves the Operation Directive is adjusted accordingly.
It is the policy of the Marion County Sheriff’s Office to maintain a pay plan, consisting of the official ‘Salary Schedule’ of ‘Pay Grades’ and ‘Pay Ranges’, the assignment of ‘Position Classification’ to ‘Pay Grades’, and the RULES and REGULATIONS governing the administration of the pay plan.
Let’s Explain Longevity Pay for a moment:
A. Each full-time employee shall be eligible to receive Longevity Pay on his/her anniversary date; or upon the discretion of the Sheriff and availability of funding.
B. Longevity Pay shall be computed on a percentage of the employee’s annual base salary on his/her continuous service anniversary date, prior to any adjustments, as follows:
First year anniversary through the fourth year anniversary – 1%
Fifth year anniversary through the 9th year anniversary – 2%
Tenth year anniversary and each succeeding anniversary – 3%
1. The employee’s annual base salary is that amount paid pursuant to the established pay plan EXCLUDING all incentive pay, overtime, cleaning allowance, specialist pay, longevity merit, or other type pay over and above the annual base salary.
C. Longevity Pay shall be paid in the pay period in which the anniversary date falls; or upon the discretion of the Sheriff.
D. Longevity Pay will not be prorated for a partial year.
E. Longevity Pay will not be used in computing an employee’s merit increase, cost-of-living adjustment, overtime pay, or any other type increase.
Discussion over the salaries paid to deputies has been a heated topic as well. Ocala Post wanted to find out just what the comparable income is to the MCSO and we compared apples to apples, not apples to oranges.
As it turns out the numbers are quite clear, and surrounding agencies are clearly higher paid for a job that is dangerous, but fundamentally necessary to keep order in the county.
Starting Salaries:
Marion County:
Entry Deputy – $28,600
Sgt. Starting- $41,200
Lt. Starting: $47,200
Comparable Counties Average:
Entry Deputy: $36,362
Sgt. Starting: $49,820
Lt. Starting: $58,926
Differences:
Marion deputies start at $7,762 less than comparable counties
Sgt. Start at $8,620 less than comparable counties; and
Lt. starts at $11,726 less than comparable counties.
Comparable counties are: Escambia, Lake, Manatee, Osceola, Pasco, Sarasota, Alachua, Brevard, Clay and Volusia
County Entry Deputy Salary Sgt. Min. Salary Lt. Min. Salary
Escambia $32,895[1] $41,929 $49,317
Lake $35,485 $39,033 $42,936
Manatee $39,689 $66,901 $81,368
Osceola $37,745 $46,009 $52,676
Pasco $39,382 $54,211 $72,245
Sarasota $40,000 $60,000 $65,000
Alachua $33,362 $47,213 $61,047
Brevard $36,000 $52,289 $61,154
Clay $34,650 $46,974 $54,827
Volusia $34,412 $43,647 $48,698
Average $36,362 $49,820 $58,926
Marion $28,600 $41,200 $47,200
A county Park Ranger starts out at $40,000 per year as opposed to an entry level deputy starting at $28,000. Park Rangers do not face the daily hazards that street deputies face on a regular basis. Society changes, criminals get bolder and according to experts, when those factors change, the risks deputies face grow greater.
However, the high risks are not just on the streets. The Department of Justice and the Florida Sheriff’s Association provided a strict and precise criteria to have the risk factor at the Marion County Jail evaluated. The evaluation showed that corrections officers were unable to take days off due to understaffing. The evaluation also showed the understaffing was so critical that corrections officers would have to obtain a note from a doctor, sometimes costing $30.00 for an appointment, just to get a day off in order to rest. The conclusion of the evaluation according to the Department of Justice criteria was that the Marion County Jail is dangerously understaffed and officers’ lives are being put in jeopardy all due to the lack of funding.
Ocala Post went on a field trip to the College of Central Florida Police Academy and asked Cadets one question. “With pay in mind what agency will you apply to once you graduate and pass the state exam?” The answer was, “We can tell you where we won’t apply, and that is MCSO.” With that, the Ocala Post asked why? Answer, “Because the pay scale is too low and we see how the Commission treats the Sheriff’s department.”
Additionally, the Ocala Post discovered that Gainesville PD recruits from the College of Central Florida. Gainesville PD starts certified officers at $47,450.21 and non-certified officers at $38,840.46. Posters hanging in the lobby of the Criminal Justice Center clearly show surrounding agencies start much higher in pay and some even give sign-on incentives. Ocala Post had to do a little research, but the proof is in black and white, no matter how a person looks at it.
“The number of civilian residents in Marion County that feel deputies and corrections officers are under paid and understaffed is far greater than the number of residents that are concerned about tax increases, but those same people that complain about tax increases including Commissioners, will surely dial 911 when they need help,” one resident said.
Mary Williams of Ocala wrote, “When the private sector starts responding to shots fired calls, robberies, armed burglaries and work 12 hour shifts, not seeing their families because they HAVE to work off duty details to pay their bills….then you can start comparing salaries….seems to me like everyone complains about law enforcement officers until you have to call us to solve YOUR problems. Law Enforcement Officers are under paid period. When we respond to dangerous calls we don’t hesitate we just go, our lives are put in jeopardy every day…and even if MCSO deputies were paid $48, 000 a year I don’t think that covers God forbid,if one was killed in the line of duty.”
Franco Peter wrote on Facebook to staff writer Bill Thompson of the Ocala Star Banner, “Yes Bill, it is “regular procedure”, and has been for many, many years. With you being a “Staff Writer” for the Ocala Star Banner, you would think that you would have done your homework and saw through a public records request that in the Operational Directives there is a policy regarding “Longevity Pay.” But seeing as how you don’t like to do your home work and like to make mountains out of mole hills, I wonder if your supervisors know how incompetent or lazy you really are? I am guessing you probably make more money than a deputy does Bill and you can’t even do your own investigative work to find the right answers. That says a lot about you and your salary! And YES, I will be using my well earned and deserved “Longevity Pay” for Christmas shopping. One thing that is NOT on my list is paying for a subscription to a one sided Newspaper. Because we all know what a joke it is. Happy Holidays!”
Chief LaTorre said, “Corrections officers and deputies are human just like anyone else. They have families that suffer , bills that need to be paid, and we have staff that lost their homes just like many other civilian residents of Marion County. Our deputies are supposed to be held to a higher standard as far as attitude, performance, and actions but they are still affected by everyday life just like anyone. Deputies and corrections officers can be effected by poverty just as much as the next person.”
The statement “Commissioners did eventually agree by a 3-2 margin, to a 14 percent jump in the property tax rate for the special district that funds the Sheriff’s Office’s patrol and investigation branches in order to help Blair pay those expenses handed down by the state and rebuild his reserves,” is not correct. By the board upping the MSTU millage rate they filled a 4 ½ million dollar hole the Commission and the previous administration created which allowed the Sheriff not to have to lay off any deputies. The millage increase did nothing to address the one million increase in FRS (Florida Retirement System) and one million in Medical payments that were increased as part of the ‘Obamacare’ plan, as well as the $500,000 in salaries for 10 deputies coming off of a Federal Cops Grant in January. The amounts have to be made up from the existing budget. All of the constitutional officers had to make up the Medical and FRS increase, it just happens that it is a much higher figure for the Sheriff’s Office.
The Sheriff has turned back some $950,000.00 in end of the year monies. The Sheriff has submitted a request for those funds to be returned to help offset expenses associated with equipping the new vehicles that he [The Sheriff] managed to buy out of end of the year monies, as well as to offset some of the salaries associated with the 10 deputies coming off the grant, that by the way the board is contractually responsible for under the conditions of the initial grant.
In speaking with multiple deputies who were willing to show paystubs proving that they [deputies] do not bring home an average of $48,000 per year, it is clear that the fraudulent claim is grossly absurd. Paystubs are black and white and printed in English. Chief LaTorre has been very transparent with Ocala Post and provided document after document. It didn’t take Ocala Post staff very long to figure out that all the hype is premeditated propaganda.
El Paso, Texas — An El Paso, Texas woman met her baby for the first time on Monday, November 4, 2013 after she survived being brutally beaten and stabbed last week.
According to El Paso police, it was Corey Bernard Moss, a 19 year-old Fort bliss Soldier who committed the violent attack on 31-year-old Rachel Poole.
Police say that Moss went to the victim’s home to confront her over an unknown amount of money that he owed the victim for what is only being described as “vehicle repairs”. When Moss arrived at the victim’s home she was not there, so he then broke in through a back door of the residence and waited for the victim to return, according to reports.
When the victim returned to her home, authorities say that she began to video chat with her husband who is also in the military and is currently on a deployment to Southeast Asia. While she was chatting on Face Time, Moss came up behind the victim and began attacking her with a knife while her husband, Justin Poole could only watch and listen helplessly as his wife was repeatedly stabbed and beaten by Moss.
According to reports, the victim immediately recognized Moss while he was attacking her, so she continuously screamed out Moss’s name to her husband as he listened over the phone. Police say that the victim’s husband then called Fort Bliss and alerted officials to what had just taken place.
According to reports, after the attack, Moss left the victim’s home and called a co-worker to come pick him up and drive him back to Fort Bliss. It is unknown whether the co-worker who picked him up knew what Moss had just done or not.
Upon arriving back at Fort Bliss, Moss was confronted by other soldiers at the base in regards to the phone call that was received by the victim’s husband, according to reports. When soldiers searched the vehicle that Moss was picked up in they found the stainless steel knife used to stab the victim still inside the car, said police.
After being able to make a 911 call on her own, the victim was transported to a local hospital in critical condition shortly after the attack occurred, according to reports.
Corey Bernard Moss [Mugshot]Moss was taken into custody by the Fort Bliss Military Police and was later turned over to the El Paso Police Department to answer to his charges.
Police said that Moss admitted to stabbing and beating Rachel Poole in a written statement he voluntarily provided. Moss was then transported to the El Paso County Detention Center where he was formally charged with Attempted Murder and given a $60,000 bond.
Rachel Poole’s baby, Isabella was delivered by cesarean section at the hospital on Saturday and is reportedly in good condition and has since been released to an undisclosed location.
Rachel Poole
According to reports, the victim is now in good condition after undergoing surgery due to the stab wounds to her face and body as well as fractures she sustained during the beating.
Confirmation was given by Fort bliss authorities that Corey Bernard Moss was in fact a Private in the U.S. Army and released this statement.
“We confirm that an incident involving a Fort Bliss Soldier occurred last night. The incident is under investigation and, as such, we cannot provide any details. We are also unable to speculate as to what may have taken place. The investigation into this matter is being conducted by the El Pasco Police Department and Fort Bliss is cooperating fully. We pride ourselves on the professionalism of the Soldiers within our ranks. Behavior such as these alleged actions are not representative of the men and women who serve at Fort Bliss. Our immediate concern is for the safety and welfare of the victim. We are monitoring her condition and our thoughts and prayers are with her for a full and quick recovery.”
Washington – The U.S. Drug Enforcement Administration (DEA) today applauded the announcement by the U.S. Department of State of a new reward offering under the Narcotics Reward Program for the arrest and/or conviction of Rafael Caro-Quintero. The Department is offering a reward of up to $5 million for information leading to the arrest and/or conviction of Caro-Quintero, who kidnapped, tortured and murdered U.S. Drug Enforcement Administration Special Agent Enrique “Kiki” Camarena in 1985.
Rafael Caro-Quintero
Caro-Quintero had served 28 years of a 40-year prison term for his crimes when a Mexican court ordered his release on August 9, 2013 on procedural grounds. Caro-Quintero is a fugitive from the U.S. District Court for the Central District of California on felony murder, felony kidnapping, and a host of other criminal charges.
Americans were outraged when the Mexican court released Quintero, they couldn’t understand why this murder was set free, said one agent.
The ruling also dismissed accusations against Caro Quintero of the killings of two other Americans — John Clay Walker of Minneapolis and Albert Radelat of Fort Worth. The family of one of the Americans killed says they were targeted in retaliation for DEA drug raids.
“We are reminded every day of the ultimate sacrifice paid by DEA Special Agent Enrique “Kiki” Camarena and we will vigorously continue our efforts to ensure Rafael Caro-Quintero faces justice for the crimes he committed,” said DEA Administrator Michele M. Leonhart. “Caro-Quintero was the organizer and mastermind of this atrocious act and his unexpected release from a Mexican prison was shocking and disturbing to law enforcement professionals on both sides of the border. The United States Government will utilize every tool available, including the State Department Narcotics Rewards Program, to bring Caro-Quintero to justice.”
The Narcotics Reward Program was established by Congress in 1986 as a tool to assist the U.S. Government in bringing to justice major violators of U.S. narcotics laws responsible for bringing hundreds of tons of illicit drugs into the United States each year. The program gives the Secretary of State statutory authority to offer rewards of up to $5 million for information leading to the arrest and/or conviction of named narcotics traffickers.
This announcement also comes on the heels of Red Ribbon Week, the nation’s largest drug prevention effort. Red Ribbon Week began after Camarena’s death in 1985 and is celebrated nationally each October, with local communities and school districts holding events throughout the month.
The Red Ribbon Campaign is dedicated to helping to preserve Special Agent Camarena’s memory and further the cause for which he gave his life, the fight against the violence of drug crime and the misery of addiction. By gathering together in special events and wearing a Red Ribbon during the last week in October, Americans from all walks of life demonstrate their opposition to illegal drugs. Approximately 80 million people participate in Red Ribbon events every year.
Caro-Quintero
The Department’s Bureau of International Narcotics and Law Enforcement Affairs (INL) manages the rewards program in close coordination with the Department of Justice, the Department of Homeland Security, and other interested U.S. agencies.
Tampa, Florida — A Tampa Police Department Officer has been arrested and fired from her job. LaJoyce Houston, 47, was a sergeant with TPD.
Also arrested was Rita Girven, 31, of Tampa, of whom was already in the Hillsborough County Jail on other charges.
Both women were under investigation for Welfare Fraud for nearly nine weeks. Detectives say jail conversations between Houston and Girven were recorded during the nine week period, and Houston spoke with Girven 35 times. During one of the conversations, Girven told Houston she could use her EBT Food Stamp card and where to find it.
After obtaining the EBT card, Houston purchased $365 in groceries from a Walmart. Houston then gave the card to a family member who also made unauthorized purchases. The family member paid Houston .50 on the dollar. Houston would then place that money into Girven’s jail canteen account.
Girven has an extensive criminal record, which includes 49 felony charges.
Houston is married to a Tampa Police Detective, however TPD says they do not believe the detective was involved. Internal Affairs said they will be conducting a thorough investigation.
Daytona Beach, Florida — Sheriff Ben Johnson and the commanders of both the investigative and search components of Yessenia Suarez case met Monday afternoon with the family of Yessenia Suarez and her children, Michael and Thalia Otto. At the meeting, the group reviewed the progress of the ongoing search efforts that have been undertaken to locate the victims. During the meeting, the family presented information regarding additional locations that the Sheriff’s Office is evaluating for future ground searches.
At this time, the command post will remain in place as a central point of operations to coordinate further search efforts. While searches are continuing today and beyond, they are no longer being pre-staged at the command post because the personnel needs have diminished as most of the initial search objectives have been completed. Accordingly, outside resources are not being brought in at this time and all additional searches are being conducted by Volusia County Sheriff’s Office personnel. Additional outside resources will be brought in again if the need arises.
The information provided by the family at Monday’s meeting is currently being evaluated and other searches will be conducted as dictated by investigative leads developed in the case. In addition, patrol deputies will be directed to remain vigilant and continue to look for the victims in their assigned patrol zones.
In order to further the investigation, the Sheriff’s Office is requesting the assistance of residents who either live or were traveling in the vicinity of either the victims’ residence on Covent Gardens Place in Deltona, the Publix in Lake Mary where Suarez’ vehicle was recovered, or points in between. Investigators request that anyone living in the affected areas or who was traveling through them either on the evening of Tuesday, October 22, 2013 or the morning of Wednesday, October 23, 2013 check to see if they captured any photos or surveillance video through their residential or business surveillance systems that might be connected to this case.
The vehicles in question are a 4-door, 2004 silver Saturn Ion (Florida tag, 594XME) and a 4-door, 2013 black Honda Accord (Florida tag, AKMM97). Anyone with information is asked to contact the Sheriff’s Office at (386) 254-1537. Anyone who has information, but prefers to remain anonymous, can call Crime Stoppers of Northeast Florida, toll-free, at (888) 277-TIPS. You can also text a tip to Crime Stoppers by texting “TIP231 plus your message” to CRIMES. Individuals who provide information to Crime Stoppers can qualify for a reward of up to $1,000.
Julio Alvarez [Mugshot]Ocala, Florida — The Ocala police Department was dispatched to the area of the 700 block of NE 28th Street in Ocala, on November 3, 2013, after an anonymous caller dialed 911 reporting that a man was chasing a child and attempting to grab him. After the anonymous caller hung up, 911 received a second call by someone reporting that a man was chasing and attempting to grab a child in the same area.
According to reports, Ocala Police Officer Mark W. Crandall responded to the area where the incident was taking place. Upon Officer Crandall’s arrival he was advised that the man was leaving and he [Officer Crandall] had just passed him.
As Officer Crandall passed a man riding a bicycle, dispatch informed the officer that the man on the bicycle was in fact the suspect, later identified as 39-year-old Julio Alvarez.
According to reports, when Alvarez rode his bicycle passed the police officers patrol car, Alvarez said, “I love you” and blew a kiss at Officer Crandall. Officer Crandall then turned his car around and made contact with Alvarez on NE 8th Avenue.
Upon making contact with Alvarez, the officer noticed that Alvarez was in possession of an open container of alcohol and had blood on his shirt. The officer also reported that Alvarez was acting out of the ordinary with his movements and was speaking Spanish and English very rapidly, according to police.
Based on the nature of the call and the appearance of blood on Alvarez’s shirt, the officer immediately attempted to place Alvarez in handcuffs.
According to reports, Officer Crandall placed one cuff on Alvarez’s left wrist at which time Alvarez spun around violently in what police say they believed to be an attempt to get away from the officer. Officer Crandall then forced Alvarez to the ground, putting him in a felony handcuffing position, said police.
Once on the ground the officer was able to place Alvarez’s right hand behind his back and secure him with handcuffs. Alvarez then began telling Officer Crandall that he loved him and that he did nothing wrong, according to reports.
When Officer Crandall attempted to place Alvarez in the back of his patrol car, Alvarez mumbled something and began resisting and violently kicking his legs at the officer, sticking Officer Crandall in the thigh, according to reports. Back up units arrived to assist Officer Crandall, at which time Alvarez was secured with leg shackles and successfully placed in the back of a patrol car, said police.
Assisting officers stayed with Alvarez while Officer Crandall located the child who was involved in the original incident. The 8-year-old boy told Officer Crandall that Alvarez is in the neighborhood a lot but was not exactly sure where he lives, according to reports.
The boy said that Alvarez was trying to get him [the boy] to take some potato chips from Alvarez and when the boy would not take them, Alvarez became very aggressive and went towards the boy backing the boy up towards the front door of his [the boy] house, according to reports.
Officer Crandall asked the boy if he was able to get away from Alvarez at which time the boy said that he could not because Alvarez had him cornered. The boy stated that Alvarez grabbed him so hard that he became too scared to even scream for help. The boy added that Alvarez continued trying to pull the boy away from his home and the boy was finally able to break free from Alvarez’s grip and run for help, according to reports.
Officer Crandall reported that the boy began to tear up while talking about the incident and was clearly terrorized and traumatized by what had happened.
Fire rescue responded to the scene to investigate the blood that was on the shirt of Alvarez, which was determined to have come from a puncture wound of an unknown nature. Alvarez was taken to the hospital for treatment before being taken to jail.
Alvarez was charged with one count of Kidnapping, one count of Battery on a Police Officer, one count of Resisting Arrest with Violence, and one count of Possession of an Open Container.
He is being held in the Marion County Jail on a $40,150 bond.
Polliwog Dental owner Michael hopes to be reinstated.
Ocala, Florida — Michael Tarver, the owner of Polliwog Dental, LLC., is hoping to have his license reinstated this month.
Tarver, who practices pediatric dentistry, got his medical license suspended in early September 2013, after serious allegations of child endangerment surfaced.
Starting in 2012, Tarver has had multiple complaints filed against him at the Ocala Police Department. Each time that Tarver was investigated by detectives, he was cleared.
Polliwog Dental was investigated by the DEA back in July of 2013 for suspicion of overmedicating children. Specifically using Demerol to sedate and “control” children who Mr. Tarver felt were misbehaved, according to his own words.
In a police report filed with OPD, one victim told investigators that she was crying and scared, she ran down the hallway in an attempt to get to her mom. The victim said Tarver chased her down the hallway, picked her up like a baby, and while wearing gloves, covered her mouth and nose. The victim stated she had trouble breathing and Tarver asked her “Are you done?” then placed her back into the dentistry chair. Later, after being released, the mom noticed her child’s lip had been busted. An employee of Polliwog confirmed the victims’ allegations, according to police. OPD questioned Tarver and he said, “I remember the patient because she was so badly misbehaved. She ran down the hallway kicking and screaming at the dental staff. I didn’t put my hands over her mouth. The child had to be sedated due to her extremely poor behavior.” Tarver was not charged, according to OPD, he didn’t commit any criminal offenses.
June 26, 2013, OPD received a complaint about a child that received a 1-1/2″ laceration in the middle of his forehead. Tarver “claims” the child tripped over his own feet causing him to fall and hit his head. Tarver did not call EMS. When questioned by OPD, Tarver said, “I am Emergency Medicine Certified, therefore I did not feel the need to contact EMS.” OPD notified DCF upon this investigation due to OPD being called out multiple times starting in June of 2012. The injury did require stitches.
In one incident, a parent said that Tarver placed his hand over the nose and mouth of her child until the child lost consciousness.
Tarver has repeatedly blamed the children, citing the children that come to his office are poorly behaved and cry when they are being treated. Witnesses have confirmed that Tarver also repeatedly yelled at children, telling them to “shut up and stop crying”, even hitting one child in the head after telling him to “shut up.”
On June 28, 2013, OPD turned over information to Department of Health investigator Mike Knezevich after another complaint of a child receiving injuries while at Polliwog surfaced.
On September 4, 2013, Tarver’s license was suspended.
On September 26, 2013, The State Of Florida Department Of Health filed an ‘Administrative Complaint’ against Tarver with the Board of Dentistry.
The complaint is as follows:
1. Petitioner is the state agency charged with regulating the practice of dentistry pursuant to Section 20.43, Florida Statutes (2011-2012); Chapter 456, Florida Statutes (2011-2012); and Chapter 466, Florida Statutes (2011-2012).
2. At all times material to this complaint, Respondent was licensed to practice as a dentist in the State of Florida, pursuant to Chapter 466, Florida Statutes (2011-2012), and was a Board Certified Pediatric Dentist.
3. At all times material to this complaint, Respondent owned and operated Polliwog Dental (“Polliwog”), doing business at 225 SE 17th Street, Ocala, Florida 34471. The dentists at Polliwog practice pediatric dentistry.
Facts Specific to R.R.
4. On or about April 17, 2012, R.R., a four-year-old female patient, presented to Polliwog for a tooth extraction. Respondent sedated R.R. with Demerol prior to the procedure.
5. Demerol is the brand name for meperidine and is prescribed to treat pain. According to Section 893.03(2), Florida Statutes (2011-2012), meperidine is a Schedule II controlled substance that has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States. Abuse of meperidine may lead to severe psychological or physical dependence.
6. During the procedure, Polliwog staff members noted that R.R. had stopped breathing and had turned blue. Respondent administered Narcan to reverse the sedation and ordered a dental technician to retrieve a resuscitation bag from the crash cart.
7. Narcan is the brand name for naloxone, a drug commonly used to counter the effects of opiate overdose. While naloxone is a legend drug, it is not a controlled substance under Section 893.03, Florida Statutes (2011- 2012).
8. Respondent administered breaths using the resuscitation bag, and after a short time, R.R. resumed breathing. Respondent recorded the incident in the patient record as a period of “brief apnea.”
9. Respondent instructed Polliwog staff members to make no mention of the incident and admonished them that he would terminate and sue any staff member who mentioned the incident. No one informed R.R.’s parents that R.R. had stopped breathing and had been resuscitated.
Facts Specific to A.R.
10. On or about June 4, 2013, Respondent performed a dental procedure on A.R., a four-year-old female patient. A.R.’s mother verbally consented to local anesthesia only. Respondent placed A.R. under conscious sedation for the procedure.
11. At the conclusion of the procedure, A.R. had lacerations on her cheek and inside her mouth. A.R. also had bruises on her neck and shoulders and had urinated on herself.
Alteration of Medical Records
12. On or about July 31, 2013, a Department investigator presented to Polliwog with a subpoena in order to obtain medical records. Polliwog staff told the investigator that Respondent was out of the office. After consulting with Respondent by telephone, Polliwog staff complied with the Department’s subpoena and provided the requested patient records.
13. Several hours after the records request, Respondent logged into his clinic’s patient records database. Respondent altered several patient records, including records for R.R. and A.R. Respondent made no indication in the patient records that the records had been altered and provided no justification for altering the records.
COUNT ONE
14. Petitioner re-alleges and incorporates by reference paragraphs one (1) through thirteen (13) as if fully set forth herein.
15. Section 466.028(1)W, Florida Statutes (2011-2012), subjects a dentist to discipline for “Making deceptive, untrue, or fraudulent representations in or related to the practice of dentistry.”
16. Respondent made deceptive, untrue, or fraudulent representations related to the practice of dentistry when he retroactively altered medical records without properly identifying them as late entries.
17. Based on the foregoing, Respondent violated Section 466.028(1)(1), Florida Statutes (2011-2012) by making deceptive, untrue or fraudulent representations in the practice of dentistry.
COUNT TWO
18. Petitioner re-alleges and incorporates by reference paragraphs one (1) through thirteen (13) as if fully set forth herein.
19. Section 466.028(1)(m), Florida Statutes (2011-2012) subjects a dentist to discipline for “Failing to keep written dental records and medical history records justifying the course of treatment of the patient…”
20. Respondent failed to keep appropriate dental records when he retroactively altered medical records without properly identifying them as late entries.
21. Based on the foregoing, Respondent violated Section 466.028(1)(1), Florida Statutes (2011-2012) by failing to keep written dental records justifying the course of the treatment of patients.
COUNT THREE
22. Petitioner re-alleges and incorporates by reference paragraphs one (1) through thirteen (13) as if fully set forth herein.
23. Section 466.028(1)(mm), Florida Statutes (2011-2012), subjects a dentist to discipline for “Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.”
24. Section 456.072(1)(r), Florida Statutes (2011-2012), subjects a licensee to discipline for “Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding.”
25. Respondent improperly interfered with an investigation or inspection authorized by statute when he retroactively altered medical records after learning that the Department was seeking those records under subpoena.
26. Based on the foregoing, Respondent violated Section 466.028(1)(mm), Florida Statutes (2011-2012), by violating Section 456.072(1)(r), Florida Statutes (2011-2012) by improperly interfering with an investigation or inspection authorized by statute.
###
Regardless of the serious complaints against Tarver, criminal charges have not been filed. Parents have expressed their anger through social media, some calling for Tarver to be arrested for child abuse. Others blaming the State Attorney’s Office, claiming they have shown favoritism to a doctor.
Ocala Post reached out the state attorney in order to understand why charges have not been filed against Tarver for child abuse or child endangerment.
How or what guidelines were used to determine Tarver should not be charged with Child Abuse?
State Attorney Bill Galdson said, “As with every case, we evaluate the legally admissible facts presented by the investigators and then compare those facts with the law applicable in each case. There are no set guidelines used in such evaluation, but among the things we consider are the seriousness of the crime, the existence or non existence of witnesses as well as their ability to communicate what took place, and the nature and circumstances surrounding the allegation. Furthermore, when evaluating a case, we are ethically bound to file only charges for which we have a substantial likelihood of a conviction at jury trial.”
Has the State Attorney’s Office read over the charges from the DOH or just the allegations filed with OPD?
Gladson said, “This office was asked by detectives to review three separate incidents concerning potential child abuse. Some of these allegations had already been reported to the Department of Children and Families months prior to being referred to the Ocala Police Department.
Each case was reviewed to determine whether, if true, the allegation would constitute the crime of child abuse. To prove the crime of child abuse beyond a reasonable doubt, the State would have to prove that a defendant knowingly or willfully, and intentionally, inflicted physical injury, or committed an act that could reasonably result in physical injury, to a child.
At the time, physical injury was defined as ‘death, permanent or temporary disfigurement or impairment of any body part.’ During their investigation, the Detectives with the Ocala Police Department conducted numerous interviews of staff members, reviewed surveillance video, photographs, medical records, physical evidence as well as interviewed the complainants in the cases.
Based on the evidence available, it was decided that no single allegation, if proven as alleged, would constitute the crime of child abuse such that any conviction could be sustained on appeal. This office did not review, and was not asked to review, any matter being investigated by the Department of Health or the Board of Dentistry.”
Ocala Post expressed to Gladson that parents had accused the state attorney’s office of showing favoritism toward Tarver, and Gladson said, “I can assure you that such an assertion is completely baseless and not grounded in reality.”
With the Department of Health nor the Board of Dentistry asking for a formal investigation, it seems Tarver will escape criminal charges.
Courtney Gager with the Department of Health told Ocala Post that Tarver’s case will be presented to the Board of Dentistry on November 15, 2013. This is following the ‘Settlement Agreement’ that Tarver signed on October 6, 2013.
The agreement basically sets forth guidelines Tarver would have to follow if his license is reinstated. Guidelines such as continued education, periodic inspections of his office and records, and fines up to $15,000. Tarver still denies any of the allegations, blaming parents on Medicaid and their children’s behavior.
In previous documents prepared by the Department of Health, they noted, “A less restrictive sanction would not suffice to protect the public from the danger posed by Dr. Tarver. Dr. Tarver has shown an inability and/or unwillingness to comport with the standard of care required in practicing pediatric dentistry. Dr. Tarver’s attempt to conceal his violations by altering patient records indicates that he fails to recognize the importance of the laws governing dentistry and indicates that Dr. Tarver is likely to continue to commit violations in the future.”
Parents have stated numerous times to Ocala Post and through social media that if Tarver has his license reinstated, they fear eventually Tarver will “accidentally” kill a child, and then it will be too late.
Facebook user, SandraRenee Seales St Denis, told Ocala Post she had posted a message on Ocala’s Word of Mouth’s facebook page about how dangerous pain medications are for small children. Tarver then sent her a message threatening to sue her for slander if she “Kept This Up.” Much like he did with his staff members when the initial investigation began.
It is clear from notations made by the Department of Health that it is statistically likely Tarver will continue to violate laws if he is allowed to keep his license. Something parents in Marion County do not want to happen.
Marion County, Florida — (October 31, 2013) – The Marion County Sheriff’s Office, along with the Department of Corrections, the Dunnellon and Ocala Police departments, will conduct Operation Candy Sweep VIII “2013”. It is happening from 4 p.m. until 11 p.m., Thursday, October 31, 2013 throughout Marion County.
The focus of this multi-agency operation is to ensure that designated sexual predators and sexual offenders are in compliance with the conditions of their supervision as per their probation and/or applicable state laws.
Persons found in violation of their supervision conditions or sex offender requirements that qualify for arrest will be taken into custody. This operation is being conducted to provide for the safety of the citizens living in Marion County.
Ocala Post encourages everyone to watch out for inconsiderate drivers, please be safe.