swindle dismissal file
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DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICL ESbull
Office of Inspector General Investigations Unit
Case Number 20120628
I theiJndersigned do hereby swear under penalty ofpetjury that toUre bestof my persoaal knowledge ihformadon and belief I have not knowingly or willfully deprived
or allowed anQther te deprNe the subject of-the JnvestigatiQn ofany-of the-middotIghts contained In S5 112532and 112533F1orida-Statutes Addmonally jlerebyveri(y
that the contents ofthis repert are true lind accurate based on my personal I(nowledge infonnation and belief
Investig~n Conducted By
Investigate Bridge A Rayster
D6partmtnt oHlillliwaySafety and Moler Veblcleo Officemiddot of inspector General
Iatlgation Report
Case 201Z0628
On Nober 19 2()12 _ Highway PltltroI (FHP) Trooper Char1os Swindle slopped Representa1jVe Cha yICBumey a9ng VIIIl anotholr vehicle Of iolterslate 10 In Madison ~bull AcCimfing JQfMSIlmey he WastoIdmiddotmiddotfi1atSWlndIe cIodlted lfllngolng 57 miles per hour (mph) In a 70 mph zone and OnlY requ~ nis driver license and registration when he was PlUed over _
SwIndle iSSlled McBumey a Traffic Wamlng fQr ~ alid iSSU9d a FJorid~ Uniform naffic qtailtm (UTe) for no pJt)j)f otlnsuranoe Acrotdinl to Mc8umey ~e advised Swinde that he did not aSk for proltgt ltif ihsurance and prooeeded t9 show SWindle such proof swindle then gave hlthe opllonmiddoto paying $250 for $peOdIng or $1010r no proof ltif InsunnCe
McBurney submittedmiddot a written complaint to FHpmiddot Director middot~Ionel David Briert6n vmo fo~rd~ the CQfTlplatntto -theOffice of Professional Compliance Thecase was subsequently forwarded middotto the OffIce of Inspector Gene1 (OIG) _ was asslglld to Investigator Bridtet Roysler and InsRltgtClor Haroldmiddot$_rg for adrnr1istrative IrrttWJgation on Deoember 4 2012
An investigation was-initiated to detennihe If Swindle vtolated Department policies
Whlkt investigating the an~ns constQeration was gtvef to the following FHP and Oepartment of Hi9hway ~fety and Motor Vehleles (DHSMV) pOlicies
bull D~MV POIi9Y 3116 (DIsciplinary frltgtltoess bull Sfandarlls of COndUCt Guidelines) bull middotFHP Policy 303 (Code of CQnduct flIogulations) bull FHPPolicy 1703 igtUailtmsandWamingslFaully Equipment Notices) bull fHP Pollcy100 (Enforcement Polily)
Upon assignment of thjs investigation Royster reviewed thQ eomplaint Ihtake and Inquiry Form iudlng a written complaint from McBu~ daled November 26 2O~2 (Exhibit 1) Accordjng to the written cOmpaaint McBurney and his -Wffe Deborah McBum~y Mafe traveling from Ja~SQnVm9 to TaJ18~ for the Qrganizational Session- of the Florida House of RepresentatIVes McBurney-was pOf1ed over with another vehlcle that was travefmg In front of him MCBurney told Swindle his ~was on cruiSe control- n01 to exceed greater than 5 mph over the speed limit Swindle asked McButhey for his driver license and registration at flO tlme did
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Depadmenl of Highway Sirfey and MQjor Vehicles OffIce of J~or Genetai
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he ask for proof of insuraoce Swindle iss-led McBurney a Traffic WarnIng for speeding and is~ a mc for nQ proof of inSurancs MeBJmeyadVISed SWindle iRal he did nol as( for proof of Insurance and proceeded to show S_Windle such proof Swind~ then gave him the option of paYing $250 forspelOd)ng or$10 for noproof of iuranee
A COPY of ~Tra~iC Wamjng dated Novem~1 19 2012 tssued to McBtlmey was r-evieYed and s howed 1haI Tfilffic W~ tor ~_ Speed LIm~ 8mf was issU(gtd (Extilgt1t2) fA copy oHM UTe (ffi71ANJR) dated Nber 19 2012 isslHlltf III oIcBumey was reviewed and IhowlKflhat a UTCmiddotforNo Proof of Insurance waslssued (Exhibit 3) SWindles notes staled wID blk toy car 81(lO no prOOf of ins 1 passenger oul$lde loemiddotfoIIoWing bull blllt toy pu no reason middotfor speed
A copy 6fthe Traffic-Warning dated November 19 2012 iSSloed to $~vel)6aristithe v~blcle tra~ling in front of yencBllmey was eaewed and Showed that a waming for middotmiddotExceeded Speed Umit _issued (Exhulj 4) A copy of lite UT-C (1570-WJR) dated Nomber 19 2012 issued to Qaristi was relliewed and showed that a UTe for Fall to OiSpl8y Reg_on was Issued (Exhibit ~) SWindles __ WIb blk toy pu 8mO failed middot10 DISplay a reg 0 _oroutsidelane headed to _ Ielding a bIlt toy per
ReiVi~ of ampwjndles in-car video and audio exhibit 8) lfIV681ed the following about the traffic stop on November 192012
bull 101321- SwiodIe Initiated a traffic stop on a black Toyota pickup truck and a black Toyota car
bull P4~~- 6yentind)e approacbed the bIacIlt ToYta pickup ruck flrsI Carfstrs vehicle SWindle introduced hlmH3ff and e~oed ~ euroarfsti that the r~n he was stopped was ~cause be antl1he ~hiCle behind tummiddotwere Qocked going 81 mph in 8 7() mph ZQn8 Csmiddotristi handed SWIildIe documentation
bull middot10 15~ SWindle _cIledlha black Toyota Ii McBurneys vehIGIe SWindle lntrodilcented h1inoeff and aSked for Mcllumeys driver lios_ 8ld reglsi(ltion SWindle e~ toMceumeymiddottlie _ why h and the vehicle in front ofhim wele Slopped McBurney said to SWindle had IfoQ QJise control Theres no way I was going 67 I hadjt~on 75middot SWindle asked if McBurney was a-leglsfator ~ tf he was wfth the House or~nate
bull 10f8~12- Swindle called forSeQeantGmy DaNSOn his sUR8rvtsor bull 1020middot26- SWindle told DaWson that one of the middotndlviduals was a legislator Swindle
explained to Dawson th$tmiddothe was- going to seMt M~y amp ~mlng beciluse he was on CarJstis bumper Dawson said We aini getliff no pay raises anywaysmiddot
bull 1-021middot21 - Swlnde 8gtplalned tq Dawson -Im going to write [McBumey a warning and be nice Im going to middotstrpke him cause I didnt see hi8 insurance card 10 give him that 6cketwamlng for speed SWindle further explained middot jm going to 9[ve (cartsb1 I dIdnt see his registratipn~so rm ~ng bstroke oim fpr th~ registration middotand gtve him a walllill9 for ~middotsinoe Im doing lhaffor[McBorney] [McBurney] Is no beIter han (CaristJl nd [Caris1I] IS no bett-lhan [McBurney] so Im going 10 do the both the same Dawson said OK
bull 102middot1~43- Swindle said to Dawson 1wanted you to knowmiddotwhaf s going on just in case bull 162949- SWindIO approached CaAslfsvehicie again and explained that lt1e indiVIdual
driving the Ie behind him _ a state legislator and lhat he was cu1tiog [MCBwney a break on the speed he aiht no better than youmiddot SWihdle explained to
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Departm-nfof HIghway l)afety and Motor Vehicles OffiCe of flispectQr Genra
Caltisli that amp1 iraquodid not see hiS reg_on he WBSgoing tgiVe him a UTe for not h_g proof of RogisbaIion SWIndle explained 1o Caristi tbal ha waadoif)g the same for McBurney
bull 1QS122- Swindleappr_ MciBiJITie(a leigtlltile againmiddot and ltgtXplalned that he was not going to give him 8 UTe for speed bytslnq hE -did npi see his proof of insurance he wa$ -going to Jssue a $10 UTe fur no proof of insurance McBurney asked if Swmdle wanted his proof Of insurance Swindle wid McBurnay that he already issued the UTC and McBumey further expfalried that he had proof of Insurance and that-he did not hear Swindle ask for such proof SWindJe told McBurney ~If I give you that I cant giVe you this tiCket and Ilf give you a speeding ticket m cutting you a break on this one Swindle loid McBurney he gve Caotr~ saine break
The DIG reviewed Swindles in-caf video alld alldtO from a trafflc stQP before McBurneys on N_mber 15 2012 (Exhibit 7) and a _ stop immediately folloWing McBurneys on Nol8ll1ber 1~ 2012 (Exhibit 8)
On Ndvemlgter 15 2012 Swindle conducted a _ SlOp on Alicia Whitwodh for going 92 mph if) ~ 70 mph zona wIiltrtJavellng on I_a1Q SwindJe asksl for Whitworth driver license vehic1~ regtstraoon -and proof of insurance -WftttWerth receivscta TraffIC Wamifig for speeding and a UTCfor -NO PrOof Of tnsurance- and ~Safety Ben V1~tiOn middot When IssJing the UTCs to Whjfworth Swindle explar)ed ~t her ifJstlJW10e card was not valid yenetahd that he did not see ~ar ~ng __ inlet1lJgtted SWindie add SwindlUlaid LJgtlen-to m~ both of these are flOfIOOWlg viOlations with np RG~ would yenOU raQler have two non-moVing lIioatio(lS 9rthaJ bigopeeding ticJlt~rr ~WIlitWltgtdh WiIstalking rO SwiJidle he said Yoo want th~ ticketiS that wfiat youreteJling ma Im Ifying to cut youa break here Swindle middottold Whitworth DonHaka _taga of my hospitality and kick it back up Yon may not get another Trooperthats so lenientmiddot
On NovemOOr 19 2012 SWin~le conducted a traffjqs1op on Representative Michael CleUandfor going 87 mph In a 70 mphzoR8 while traveling on Interstate 1Q SWind~ asked for Clellaod~s driVer ribense Clelland reoeived a Traffic Warning for spltredlng and a UTe for No Proof of Insuf3Ilw and FaH to Display Registration Swindle told Cleliand From one firefighter to another Im cutting you a break- When Swindle was issutng the UTCs Cfafland interrupted Swindle and said 1 have them Swindle oontin~d to expiain thJrt the two UTes are nonshymovjng vioJations and there Will be no poInts on his dJiVer license Swindle explained kI CJelland th~ he has 30 days to make copies of the documents I dI~nt seemiddot and mail them to the derks pffice SWindle said middot50 basicany y_ou take care of it thatmiddot way and yotire getting a wamngmiddotfor ampPeed today
RepresentattveCharies ~cBurney Complainant
On Decomber 10 2 01 2 S_ifJsberg conducted a diglfally recoiltled sworn iritafliew with McB4fT18yat his law offlce in Jaeksanville Flprida Royster was also present for the interview ThefoUowlng is a synopsis-of McBumeysstatement which contains paraphrasing
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Dtipaitmelitof HigliwY Safety nd Motor Vehicles Office oflhSpeetbr Gene
_mermiddotand his wife DebQrah McBumer were traveling from jacksonville to Tallahassee on NOVember 19 201-2 for the Organizations1 Session of the House of Representativeamp when he was stopped On Inte- 10 with anolher _ middottraveling in front of him SwindleapproaOhed middotthe ffrst vehiete (Caris1is vehfcle) and then approached McElurn$fs vehicle Swindle asked McBurney where he was gomg to the efedt why was he going 87 mph MeEJumey explained that his cru~ control ~ se(to either 74 mph or 75 mph arid tfIat he was not going 87 mph Swindle theoasked lor McBurneys d~r IJceftSe and regiStration at no point-did Swindle ask for his proof of iRsurance
$wind applOJictTeli McBwneys vehicle again and gave him a Traffic Warning for ~Ing and middot8- UTe for no proof of insllntfIGe McBurney told Swindle Trooper you didnt ask me for proor -of insurarlCe you asked for I~nse and registration card McBurney then showed SwiDdls through the sleeve in his waUet his proof of insurance~ Acoording to McBomey SwincUe told him that he had a choke of paying $10 for no proof of insurance or $250 for speeding
Deborah McBurny~ Pas$engw
OnDeoember 1Q 2012 Sotlweinsbe1l cxgtnducte a digitally recorded sworn Interview with DeQorah McBurney at Mandarin Oaks E1emerttaty Schoolin Jacksomlle Florida Royster was also preseAt fer the interview The followfng Is a synopsis of MeBumeys statement which contalns lgtflIPhras1ng
As a passenger D McBurney was1raveling on Int~nrtate 10 to Tallaha~ on November 19 2012 with Irr husband C MgBumey As tIrltgt _1cIe tn front of thalrswas being pulled over Swindlemiddot SIgr1ated them to pull (Wer When SwindlE approached their vehidamp he explained that ~y we~ puBed 0V8f forgoing -8-7 mph O McBurney-explained to Swindle- that She would neft let C tkSutney drive thatfast AccOrding to D MeBumBY Swindle asked for their registration and diCl-notask fOf proof-ef insurance
SwifKile ~[t)8ched their yehicle again ana explained that h~ was gMng C Mc8umey a UTe formiddotnot showing proof ofin~urance O~ McBlUlley eXgtlained that C McBurney told Swlndle that he dld notask for proof of ~UrfUlce Bhd that he had his proof of Insurance SwIndle then asked C McBurney if ha wanted ttle $200 spaeding ticket D McBumey explained that Swndle was wheeling and dealing- with them
Steven CarlsU Cftizen
On Deeember 14 2Q12 lnspector Christopher Cri~ oonductoo a dig-ltalry recor~ sworn interview with Steven Caristi at h~ ~i$nee in Port St John RoOOa The fdUowing is 8
synopsis of CarMis statement WhiCh contains paraphrasing
Caristi was tTaveUng to Tallahassee on November 19 2012 when he was stopped on Interstate 10 with another iMide travefmg behlnd him According to Caris-ti Swindle approached his vehtcle and asked where he was going C8riSti could not recalL which documents Swindle asked for and saId -I think I did hand him a registration but I think I handed him a registration that was out of date
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Department of HlghwY Safety a Motor VehIcles OffiCe of In-spector General
AccorltflOg tp Caristi Swindle middottook the documents to his patrol car aAd returned and explained that his ~on was expired and then went baCk to his patroJ Car SwindJe approached CarisHs vehicle aga1n and explained that he was giving him a Traffic Warning for speedlng and a UTe for not ha-gtinga regisbatiOn
(otG-Note-ln a telepho~ cenversation with Cansti~ he explained that he was pulled over twice In the past roonth aod it appears that -he mlgbt be confusing the -two middottraffic stop$ The in-G8r video aOO audio shows ~ Caisti handed Swind~ documentation and Swindle did not ask CaOstl ~r specifiC documentation SWirkHe told DaW$On that he did not see Caristis reglstiatkm Additionally Swindle only approached Carlstrs vehicle- twice and dKl nQt discuss an expired registratkm)
Representative Michael Clelland Citizen
On Qecei1)ber 13 2012 lnSpeltor CMlttopher Cribbs conducted a digItally reoorded sworn intervieW wi1h Clelland at bjs law offce in -Orlando Floffda The foKowirig Is a synopSis af Cieuartd -lameJ)t wIllcl1 comaino parapblll$ing
GJslland -was 1raveling to middotTallahassee on November 19 2012 for the Organizational Session of the House of Repoiseritatives when he was stopped on hJterstate 10 Swindle agproachmiddoted C_nd vQhicle BsIed for his driver license and asked why he _ In a hurry beca he clocllted him going 81 mph Clelland explained Id middotSwindle that he was newly elected to he JegiSlature and that he was on his WflY to the capitol SWindle did notmiddotmiddotask for Clellands vehiele registration or proof ofinslJrance
SWindle approached Clellands-- vahlde again and asked who was a fire fighter arid CIeJland expliQed to Swindle that he )$8 retired fit ligAter Swindle lold him ramona fire fighter to another he was going to me him UTCs for falllflEl to producemiddot insurance and registration Clellenj _lained that he tolq SWIndle he hed bOth of thosamp documens but Swindle oept explaining how to ndle he UTCs CIeIlatid fe~ that Swinltlle was shng proleltsiOflal coortesymiddot by lssuing two non-movihg vlolatiQns
Charles Swindl Troope Florida Highway Patrol
On Deeember 26 2012 Schweinsberg conducted a digitally recorded swom interview with Swincjla at he OffIce 01 Inspector GerwaJ In TUah8ssee Florida Royster was afro present during the interview The folloWing Is a synopsis of Swindles statement which contains paraphrasing
Swindle has been e~yed With FHP for approximately six and one haft years Swindle was working regolarmiddotdutymiddot-on November 19 middot2012 In Madison COunty
While conducting radar on Inte$te 10 westbound Swindle clocked Caristi going 87 mph and then clocked McBurney going 67 mph When asked why he did not ask for Caristis vehicle
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middotmiddot Department of HIghwaY lafaty and Motor V htcles
Office ofIns~ctor GenetaJ D
regi_ SWindle lhought he asIltgtI ~ Caristi was the regis1eredawner of the vehicle and -dOe$ rfGttemember what doCUments C-artsUhancled him during the traffJC stop
When asked wily he dId not ask tolt McBurneys proof of insurance Swindle said I thought I did um J know J asked for his registration but apparently 1 didnt say proof of insurance at tnat point- Me watching thQ in-ltarvkleo Swindle said there-was traffic going by and he oould not hear if he asked fOl proof or Insurance When asked if he might hat6 asked for McBumeys proof of Hlsurance Swindle explained-that when he conducts a-traffic stop he introduces himself and explains why the person fs being stbpped asks for driver license asks the middotreason for the speedi asks if the driver is the- registered owner of the vehi and asks for veblcte registration afcent proof of insurance
Whenmiddot asked why he- didntal~w McBurney-_to- give him proof of insurance when he was tssving the UTe Swlnole said I wa honestly just trying to be rote and cllt him a break I mean ihafs the reason why I was tJying to ba nlee SWindle explained that WgtI~ woukl have provided his-proofofJnsurance hewoJiid have fol ded the LITe and issued a warnIng for speed hnwever middota~ihg to SWindle McBurney never shoWed his proofof insurance Evell though McBurney tokl Swindle he had his proof of illSUIllllco SWindle explained that he did oot want to issue a uTe for speeding and does not know why he did not have McBurney show his proof of insumnce
Reg~nfing the- traffic stop middotwittr WhitWorth when asked why he did not initially discuss her Geatbett SWindle explained that- he did not see be-r wearing a seatbelt and forgot to ask about it because they were discussing her iosJrance andspaed When asked if he would be able to proye Whitwortl) did not have a seatbeft on SWfnd~ explained thatmiddot he dld not see her seatbe1t and -she saki she had it 00 lccordlrgtg to Swindle he likes to _Ie Instead of always enfogtclng end triad to GOtWhitwoltth a break
Rllarltiing the traffic stop wtth Clelland when nwas explained that he did not ask for his vehicle registration or proof ofmsurance Swindle said I totally forgot to ask for them on that one Swindle expIailled that unHI he watched tile in-car video he ltlid not ~alize he dkl not ask for C~s vehici~ registration and proof of insurance When tt was explained tbat he issued UTCs when he did nQt ask -for 61eJ1ancts vetUde reg~ation and proof of insurance Swindle saki When 1 stopped him I thOtlght I ask~ forij and he didnt have it I forgot totally about askJ11Q for it Swindle saId that he did not rememOeJ CJelland telling him he had such proof and eiplained tba1 he wears an earpiece and it Is sometimes hard to hear
SWindle QXplaiOed that he notified Dawson about McBumeys-traffic stop because Dawson was close and wanted him to know he stopped a legislator Swindle- did not notify Dawson about Clenands traffic stop becauae he thought Dawsdn was at a traffIC stop According to Swindle hedoes not want hisSergeant to be bllndsided
When It was explainacfto SWindle middotthat he is not asking for certain items ~vehlcle registration and proof oJ ihSurance) however heissues UTCs for not Ilaving those items
J It appears that he is
ta1king peopkl into taking a non-movng UTe jnstead of a speeding UTCt
Swindle said rrhafs not the way [ mean tolt it Im JOSl trying to cut them breaks I mean Im I dont I cant SSY anything else about it Im oottrying to fo_them 10 take any tickets If I wasdoing that Id just wrife everybody middots~lng tickets and cut no )reaks Swindle acknowledged that It is not appt0priate 10 wrtte a UTe for not having vehicle registration OT proof of insurance when the
20120628 Page-B 018
Department If Higlw~y safety and Motor Vehlcles Office oflnspeelDr General
person has such proof According to Swindle he does not fee that he has to Issue the UTe OIlC8 it has been wrftlen ahd uoderstancfsthat a UTe can be voided
On November 1920middot12 around 101middot3 AM Trooper Charles Swlndle conducted a traffic stop on Steven ClIrisii and RepiBseRtatlile ChaHes McIlumay on middotInterstate 10 in Madison County for going 87 mph in a 70 mph 2One
When SWindle spproached Garisfis vehjcle he did not ask for driver fieense vehicle registration or proof of insurance bowever Caristi provided Swindle Wffi1 documentation (Caristi couJd not recalJ exactW what middotdocumentation was prolidampd) Swindle ffisued Caristi a Traffic Wamingfor Excaeclacf Speed Umif and a UTe for Fail to Display Re9l_0n When -Swindle ~oaQbe~f MeBumeys vehicle he only asked for his driver lfsense and vehicle registration at no pgint did he ask for proof of insurance SVinltUe issued McBurney a Traffic Warning for Exceeded Speed Limit a7tlOmiddot and a UTe for -No Proof of Insuranoe When Swindle issued the lJTC to McBumey he linmedlatety explained to Swindle that he hed his proof of insurance- and -according to McBurney he proceeded to show it to Swindle through the sleeve In his wallet SwIndle GOntinued to issue the UTC even though McBumey said he possessed rus proof Gf insurance
During th~ stop Swindle requested Sergeant Gary Dawson his supervisor to come to the location to infoim him that one of thamp drtveFS was 8 fegisJator Swindle said to Dawson Im goIng to wrije- [McBurney] a warning and be nire Im going to strOke him cause I didnt see h~ insUlancecaro rll give hi ttuifticket warning for speed SWindle explained Im going to give [Carisb] I didnt seehis registratlor) so Im goi09 to stroke him for the- registration and give him a waming orspeed sinteln dQing lhat for [McBurney) (McBJJmey) Is nobelter than [C-l and [Cadsbl is no better 1han [McBurneYl so Im going to do the both the samemiddot Dawson nendad middotOK
The OIG reviewed Swindles in-ltar video Emd audio from a traffic stop before McBurneys on November 15 2012 and a traffic stop immediately following MCBurneys on November 19 2012
On November 15 2012 Swindle- cooducted a traffic stop on Alicia Whitworth for going 92 mph in a 7-0 mph zone while traveJng on Il)terstate 10 swtndIe asked for Whitworths driver li_cense vehkle Eeg is~tiQn ~(Id propf of Inso-tante Whitworth receiVed 8 Traffic Warning fur speeding and a UTe for -No ProOf or Insurance and middotSafety Belt V~atlonmiddot When issuing the UTCs Swindle explained to Whitworth that her-m5tJr8oce card was not valid yet and that he did not see her wearihg 8 ~ Swindte loki WhitWorth that he was cutting her a break- by issuing two non-molling UTCs
On November 19 2012 subsequent to McBurneys Swindle oonducted a traffic stop on Representative Michael euroielland on Jnterstate 10 in Madison COunty for gojng 67 mph in a 70 mph zone SWind~ only asked for CJellands driver license at no point did he ask for vehicle regiStration or procil of Insunanca Swindle Issuad Clelland a Traffic Warning for Exceeded
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OepaTfment of Highway Safety and Motor Vehicles Office of Inspector General ~
Speed Limlt87f70 and a UTe lor No Proof of Insurance and Fail 10 DIsplay Registration When SWIndle Issuedmiddot the UTCs t Clelland he Immediately explained to Swindle that he had such proof SwTnd~ continued toissue the UTCs even though Clelland said he possessed both his vehicle registration and proof ofinsurence
eonce~ McBurneys traffic amptop in his lnteMeW Swindle did not want to Issue a UTe for ~ng $rid iVas ~ng tomiddotbe nicemiddotana CtJI him break SWIndle explained that he thought he asked for McBomeys proof of Psural)C6 ~ if he ~Id have provided his proof of Insurance he would have voided the UTe and issued a wam1ng for speed even though McBurney old Swindle he had his proof of insurance
When dfstUsslng the trtlffic stops Swindleexplained that he either forgot or middotthought he did ask for vehicle registranon andor proof of insurance Accordingto Swindle he was 4cutting breaksmiddot by issuing the non-moving UTCs Swindle acknowfedged that it is not appropriate to write a UTe for not having whlcle regfstration middotor proof of Insurance when the peTS0n has such proof Swindle said he dues not feel that he ~s to iSSUe the UTC once it has been written and understands that a UTe can be vokied
Based 00 the evidence and swom statemerits associated with this investigation the allegation that Trooper Charles Swindle improperly issued a traffic citation is classified as SUSTAINED
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DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICL ESbull
Office of Inspector General Investigations Unit
Case Number 20120628
I theiJndersigned do hereby swear under penalty ofpetjury that toUre bestof my persoaal knowledge ihformadon and belief I have not knowingly or willfully deprived
or allowed anQther te deprNe the subject of-the JnvestigatiQn ofany-of the-middotIghts contained In S5 112532and 112533F1orida-Statutes Addmonally jlerebyveri(y
that the contents ofthis repert are true lind accurate based on my personal I(nowledge infonnation and belief
Investig~n Conducted By
Investigate Bridge A Rayster
D6partmtnt oHlillliwaySafety and Moler Veblcleo Officemiddot of inspector General
Iatlgation Report
Case 201Z0628
On Nober 19 2()12 _ Highway PltltroI (FHP) Trooper Char1os Swindle slopped Representa1jVe Cha yICBumey a9ng VIIIl anotholr vehicle Of iolterslate 10 In Madison ~bull AcCimfing JQfMSIlmey he WastoIdmiddotmiddotfi1atSWlndIe cIodlted lfllngolng 57 miles per hour (mph) In a 70 mph zone and OnlY requ~ nis driver license and registration when he was PlUed over _
SwIndle iSSlled McBumey a Traffic Wamlng fQr ~ alid iSSU9d a FJorid~ Uniform naffic qtailtm (UTe) for no pJt)j)f otlnsuranoe Acrotdinl to Mc8umey ~e advised Swinde that he did not aSk for proltgt ltif ihsurance and prooeeded t9 show SWindle such proof swindle then gave hlthe opllonmiddoto paying $250 for $peOdIng or $1010r no proof ltif InsunnCe
McBurney submittedmiddot a written complaint to FHpmiddot Director middot~Ionel David Briert6n vmo fo~rd~ the CQfTlplatntto -theOffice of Professional Compliance Thecase was subsequently forwarded middotto the OffIce of Inspector Gene1 (OIG) _ was asslglld to Investigator Bridtet Roysler and InsRltgtClor Haroldmiddot$_rg for adrnr1istrative IrrttWJgation on Deoember 4 2012
An investigation was-initiated to detennihe If Swindle vtolated Department policies
Whlkt investigating the an~ns constQeration was gtvef to the following FHP and Oepartment of Hi9hway ~fety and Motor Vehleles (DHSMV) pOlicies
bull D~MV POIi9Y 3116 (DIsciplinary frltgtltoess bull Sfandarlls of COndUCt Guidelines) bull middotFHP Policy 303 (Code of CQnduct flIogulations) bull FHPPolicy 1703 igtUailtmsandWamingslFaully Equipment Notices) bull fHP Pollcy100 (Enforcement Polily)
Upon assignment of thjs investigation Royster reviewed thQ eomplaint Ihtake and Inquiry Form iudlng a written complaint from McBu~ daled November 26 2O~2 (Exhibit 1) Accordjng to the written cOmpaaint McBurney and his -Wffe Deborah McBum~y Mafe traveling from Ja~SQnVm9 to TaJ18~ for the Qrganizational Session- of the Florida House of RepresentatIVes McBurney-was pOf1ed over with another vehlcle that was travefmg In front of him MCBurney told Swindle his ~was on cruiSe control- n01 to exceed greater than 5 mph over the speed limit Swindle asked McButhey for his driver license and registration at flO tlme did
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Depadmenl of Highway Sirfey and MQjor Vehicles OffIce of J~or Genetai
)
he ask for proof of insuraoce Swindle iss-led McBurney a Traffic WarnIng for speeding and is~ a mc for nQ proof of inSurancs MeBJmeyadVISed SWindle iRal he did nol as( for proof of Insurance and proceeded to show S_Windle such proof Swind~ then gave him the option of paYing $250 forspelOd)ng or$10 for noproof of iuranee
A COPY of ~Tra~iC Wamjng dated Novem~1 19 2012 tssued to McBtlmey was r-evieYed and s howed 1haI Tfilffic W~ tor ~_ Speed LIm~ 8mf was issU(gtd (Extilgt1t2) fA copy oHM UTe (ffi71ANJR) dated Nber 19 2012 isslHlltf III oIcBumey was reviewed and IhowlKflhat a UTCmiddotforNo Proof of Insurance waslssued (Exhibit 3) SWindles notes staled wID blk toy car 81(lO no prOOf of ins 1 passenger oul$lde loemiddotfoIIoWing bull blllt toy pu no reason middotfor speed
A copy 6fthe Traffic-Warning dated November 19 2012 iSSloed to $~vel)6aristithe v~blcle tra~ling in front of yencBllmey was eaewed and Showed that a waming for middotmiddotExceeded Speed Umit _issued (Exhulj 4) A copy of lite UT-C (1570-WJR) dated Nomber 19 2012 issued to Qaristi was relliewed and showed that a UTe for Fall to OiSpl8y Reg_on was Issued (Exhibit ~) SWindles __ WIb blk toy pu 8mO failed middot10 DISplay a reg 0 _oroutsidelane headed to _ Ielding a bIlt toy per
ReiVi~ of ampwjndles in-car video and audio exhibit 8) lfIV681ed the following about the traffic stop on November 192012
bull 101321- SwiodIe Initiated a traffic stop on a black Toyota pickup truck and a black Toyota car
bull P4~~- 6yentind)e approacbed the bIacIlt ToYta pickup ruck flrsI Carfstrs vehicle SWindle introduced hlmH3ff and e~oed ~ euroarfsti that the r~n he was stopped was ~cause be antl1he ~hiCle behind tummiddotwere Qocked going 81 mph in 8 7() mph ZQn8 Csmiddotristi handed SWIildIe documentation
bull middot10 15~ SWindle _cIledlha black Toyota Ii McBurneys vehIGIe SWindle lntrodilcented h1inoeff and aSked for Mcllumeys driver lios_ 8ld reglsi(ltion SWindle e~ toMceumeymiddottlie _ why h and the vehicle in front ofhim wele Slopped McBurney said to SWindle had IfoQ QJise control Theres no way I was going 67 I hadjt~on 75middot SWindle asked if McBurney was a-leglsfator ~ tf he was wfth the House or~nate
bull 10f8~12- Swindle called forSeQeantGmy DaNSOn his sUR8rvtsor bull 1020middot26- SWindle told DaWson that one of the middotndlviduals was a legislator Swindle
explained to Dawson th$tmiddothe was- going to seMt M~y amp ~mlng beciluse he was on CarJstis bumper Dawson said We aini getliff no pay raises anywaysmiddot
bull 1-021middot21 - Swlnde 8gtplalned tq Dawson -Im going to write [McBumey a warning and be nice Im going to middotstrpke him cause I didnt see hi8 insurance card 10 give him that 6cketwamlng for speed SWindle further explained middot jm going to 9[ve (cartsb1 I dIdnt see his registratipn~so rm ~ng bstroke oim fpr th~ registration middotand gtve him a walllill9 for ~middotsinoe Im doing lhaffor[McBorney] [McBurney] Is no beIter han (CaristJl nd [Caris1I] IS no bett-lhan [McBurney] so Im going 10 do the both the same Dawson said OK
bull 102middot1~43- Swindle said to Dawson 1wanted you to knowmiddotwhaf s going on just in case bull 162949- SWindIO approached CaAslfsvehicie again and explained that lt1e indiVIdual
driving the Ie behind him _ a state legislator and lhat he was cu1tiog [MCBwney a break on the speed he aiht no better than youmiddot SWihdle explained to
20120amp28
Departm-nfof HIghway l)afety and Motor Vehicles OffiCe of flispectQr Genra
Caltisli that amp1 iraquodid not see hiS reg_on he WBSgoing tgiVe him a UTe for not h_g proof of RogisbaIion SWIndle explained 1o Caristi tbal ha waadoif)g the same for McBurney
bull 1QS122- Swindleappr_ MciBiJITie(a leigtlltile againmiddot and ltgtXplalned that he was not going to give him 8 UTe for speed bytslnq hE -did npi see his proof of insurance he wa$ -going to Jssue a $10 UTe fur no proof of insurance McBurney asked if Swmdle wanted his proof Of insurance Swindle wid McBurnay that he already issued the UTC and McBumey further expfalried that he had proof of Insurance and that-he did not hear Swindle ask for such proof SWindJe told McBurney ~If I give you that I cant giVe you this tiCket and Ilf give you a speeding ticket m cutting you a break on this one Swindle loid McBurney he gve Caotr~ saine break
The DIG reviewed Swindles in-caf video alld alldtO from a trafflc stQP before McBurneys on N_mber 15 2012 (Exhibit 7) and a _ stop immediately folloWing McBurneys on Nol8ll1ber 1~ 2012 (Exhibit 8)
On Ndvemlgter 15 2012 Swindle conducted a _ SlOp on Alicia Whitwodh for going 92 mph if) ~ 70 mph zona wIiltrtJavellng on I_a1Q SwindJe asksl for Whitworth driver license vehic1~ regtstraoon -and proof of insurance -WftttWerth receivscta TraffIC Wamifig for speeding and a UTCfor -NO PrOof Of tnsurance- and ~Safety Ben V1~tiOn middot When IssJing the UTCs to Whjfworth Swindle explar)ed ~t her ifJstlJW10e card was not valid yenetahd that he did not see ~ar ~ng __ inlet1lJgtted SWindie add SwindlUlaid LJgtlen-to m~ both of these are flOfIOOWlg viOlations with np RG~ would yenOU raQler have two non-moVing lIioatio(lS 9rthaJ bigopeeding ticJlt~rr ~WIlitWltgtdh WiIstalking rO SwiJidle he said Yoo want th~ ticketiS that wfiat youreteJling ma Im Ifying to cut youa break here Swindle middottold Whitworth DonHaka _taga of my hospitality and kick it back up Yon may not get another Trooperthats so lenientmiddot
On NovemOOr 19 2012 SWin~le conducted a traffjqs1op on Representative Michael CleUandfor going 87 mph In a 70 mphzoR8 while traveling on Interstate 1Q SWind~ asked for Clellaod~s driVer ribense Clelland reoeived a Traffic Warning for spltredlng and a UTe for No Proof of Insuf3Ilw and FaH to Display Registration Swindle told Cleliand From one firefighter to another Im cutting you a break- When Swindle was issutng the UTCs Cfafland interrupted Swindle and said 1 have them Swindle oontin~d to expiain thJrt the two UTes are nonshymovjng vioJations and there Will be no poInts on his dJiVer license Swindle explained kI CJelland th~ he has 30 days to make copies of the documents I dI~nt seemiddot and mail them to the derks pffice SWindle said middot50 basicany y_ou take care of it thatmiddot way and yotire getting a wamngmiddotfor ampPeed today
RepresentattveCharies ~cBurney Complainant
On Decomber 10 2 01 2 S_ifJsberg conducted a diglfally recoiltled sworn iritafliew with McB4fT18yat his law offlce in Jaeksanville Flprida Royster was also present for the interview ThefoUowlng is a synopsis-of McBumeysstatement which contains paraphrasing
Page 3 of S
Dtipaitmelitof HigliwY Safety nd Motor Vehicles Office oflhSpeetbr Gene
_mermiddotand his wife DebQrah McBumer were traveling from jacksonville to Tallahassee on NOVember 19 201-2 for the Organizations1 Session of the House of Representativeamp when he was stopped On Inte- 10 with anolher _ middottraveling in front of him SwindleapproaOhed middotthe ffrst vehiete (Caris1is vehfcle) and then approached McElurn$fs vehicle Swindle asked McBurney where he was gomg to the efedt why was he going 87 mph MeEJumey explained that his cru~ control ~ se(to either 74 mph or 75 mph arid tfIat he was not going 87 mph Swindle theoasked lor McBurneys d~r IJceftSe and regiStration at no point-did Swindle ask for his proof of iRsurance
$wind applOJictTeli McBwneys vehicle again and gave him a Traffic Warning for ~Ing and middot8- UTe for no proof of insllntfIGe McBurney told Swindle Trooper you didnt ask me for proor -of insurarlCe you asked for I~nse and registration card McBurney then showed SwiDdls through the sleeve in his waUet his proof of insurance~ Acoording to McBomey SwincUe told him that he had a choke of paying $10 for no proof of insurance or $250 for speeding
Deborah McBurny~ Pas$engw
OnDeoember 1Q 2012 Sotlweinsbe1l cxgtnducte a digitally recorded sworn Interview with DeQorah McBurney at Mandarin Oaks E1emerttaty Schoolin Jacksomlle Florida Royster was also preseAt fer the interview The followfng Is a synopsis of MeBumeys statement which contalns lgtflIPhras1ng
As a passenger D McBurney was1raveling on Int~nrtate 10 to Tallaha~ on November 19 2012 with Irr husband C MgBumey As tIrltgt _1cIe tn front of thalrswas being pulled over Swindlemiddot SIgr1ated them to pull (Wer When SwindlE approached their vehidamp he explained that ~y we~ puBed 0V8f forgoing -8-7 mph O McBurney-explained to Swindle- that She would neft let C tkSutney drive thatfast AccOrding to D MeBumBY Swindle asked for their registration and diCl-notask fOf proof-ef insurance
SwifKile ~[t)8ched their yehicle again ana explained that h~ was gMng C Mc8umey a UTe formiddotnot showing proof ofin~urance O~ McBlUlley eXgtlained that C McBurney told Swlndle that he dld notask for proof of ~UrfUlce Bhd that he had his proof of Insurance SwIndle then asked C McBurney if ha wanted ttle $200 spaeding ticket D McBumey explained that Swndle was wheeling and dealing- with them
Steven CarlsU Cftizen
On Deeember 14 2Q12 lnspector Christopher Cri~ oonductoo a dig-ltalry recor~ sworn interview with Steven Caristi at h~ ~i$nee in Port St John RoOOa The fdUowing is 8
synopsis of CarMis statement WhiCh contains paraphrasing
Caristi was tTaveUng to Tallahassee on November 19 2012 when he was stopped on Interstate 10 with another iMide travefmg behlnd him According to Caris-ti Swindle approached his vehtcle and asked where he was going C8riSti could not recalL which documents Swindle asked for and saId -I think I did hand him a registration but I think I handed him a registration that was out of date
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Department of HlghwY Safety a Motor VehIcles OffiCe of In-spector General
AccorltflOg tp Caristi Swindle middottook the documents to his patrol car aAd returned and explained that his ~on was expired and then went baCk to his patroJ Car SwindJe approached CarisHs vehicle aga1n and explained that he was giving him a Traffic Warning for speedlng and a UTe for not ha-gtinga regisbatiOn
(otG-Note-ln a telepho~ cenversation with Cansti~ he explained that he was pulled over twice In the past roonth aod it appears that -he mlgbt be confusing the -two middottraffic stop$ The in-G8r video aOO audio shows ~ Caisti handed Swind~ documentation and Swindle did not ask CaOstl ~r specifiC documentation SWirkHe told DaW$On that he did not see Caristis reglstiatkm Additionally Swindle only approached Carlstrs vehicle- twice and dKl nQt discuss an expired registratkm)
Representative Michael Clelland Citizen
On Qecei1)ber 13 2012 lnSpeltor CMlttopher Cribbs conducted a digItally reoorded sworn intervieW wi1h Clelland at bjs law offce in -Orlando Floffda The foKowirig Is a synopSis af Cieuartd -lameJ)t wIllcl1 comaino parapblll$ing
GJslland -was 1raveling to middotTallahassee on November 19 2012 for the Organizational Session of the House of Repoiseritatives when he was stopped on hJterstate 10 Swindle agproachmiddoted C_nd vQhicle BsIed for his driver license and asked why he _ In a hurry beca he clocllted him going 81 mph Clelland explained Id middotSwindle that he was newly elected to he JegiSlature and that he was on his WflY to the capitol SWindle did notmiddotmiddotask for Clellands vehiele registration or proof ofinslJrance
SWindle approached Clellands-- vahlde again and asked who was a fire fighter arid CIeJland expliQed to Swindle that he )$8 retired fit ligAter Swindle lold him ramona fire fighter to another he was going to me him UTCs for falllflEl to producemiddot insurance and registration Clellenj _lained that he tolq SWIndle he hed bOth of thosamp documens but Swindle oept explaining how to ndle he UTCs CIeIlatid fe~ that Swinltlle was shng proleltsiOflal coortesymiddot by lssuing two non-movihg vlolatiQns
Charles Swindl Troope Florida Highway Patrol
On Deeember 26 2012 Schweinsberg conducted a digitally recorded swom interview with Swincjla at he OffIce 01 Inspector GerwaJ In TUah8ssee Florida Royster was afro present during the interview The folloWing Is a synopsis of Swindles statement which contains paraphrasing
Swindle has been e~yed With FHP for approximately six and one haft years Swindle was working regolarmiddotdutymiddot-on November 19 middot2012 In Madison COunty
While conducting radar on Inte$te 10 westbound Swindle clocked Caristi going 87 mph and then clocked McBurney going 67 mph When asked why he did not ask for Caristis vehicle
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middotmiddot Department of HIghwaY lafaty and Motor V htcles
Office ofIns~ctor GenetaJ D
regi_ SWindle lhought he asIltgtI ~ Caristi was the regis1eredawner of the vehicle and -dOe$ rfGttemember what doCUments C-artsUhancled him during the traffJC stop
When asked wily he dId not ask tolt McBurneys proof of insurance Swindle said I thought I did um J know J asked for his registration but apparently 1 didnt say proof of insurance at tnat point- Me watching thQ in-ltarvkleo Swindle said there-was traffic going by and he oould not hear if he asked fOl proof or Insurance When asked if he might hat6 asked for McBumeys proof of Hlsurance Swindle explained-that when he conducts a-traffic stop he introduces himself and explains why the person fs being stbpped asks for driver license asks the middotreason for the speedi asks if the driver is the- registered owner of the vehi and asks for veblcte registration afcent proof of insurance
Whenmiddot asked why he- didntal~w McBurney-_to- give him proof of insurance when he was tssving the UTe Swlnole said I wa honestly just trying to be rote and cllt him a break I mean ihafs the reason why I was tJying to ba nlee SWindle explained that WgtI~ woukl have provided his-proofofJnsurance hewoJiid have fol ded the LITe and issued a warnIng for speed hnwever middota~ihg to SWindle McBurney never shoWed his proofof insurance Evell though McBurney tokl Swindle he had his proof of illSUIllllco SWindle explained that he did oot want to issue a uTe for speeding and does not know why he did not have McBurney show his proof of insumnce
Reg~nfing the- traffic stop middotwittr WhitWorth when asked why he did not initially discuss her Geatbett SWindle explained that- he did not see be-r wearing a seatbelt and forgot to ask about it because they were discussing her iosJrance andspaed When asked if he would be able to proye Whitwortl) did not have a seatbeft on SWfnd~ explained thatmiddot he dld not see her seatbe1t and -she saki she had it 00 lccordlrgtg to Swindle he likes to _Ie Instead of always enfogtclng end triad to GOtWhitwoltth a break
Rllarltiing the traffic stop wtth Clelland when nwas explained that he did not ask for his vehicle registration or proof ofmsurance Swindle said I totally forgot to ask for them on that one Swindle expIailled that unHI he watched tile in-car video he ltlid not ~alize he dkl not ask for C~s vehici~ registration and proof of insurance When tt was explained tbat he issued UTCs when he did nQt ask -for 61eJ1ancts vetUde reg~ation and proof of insurance Swindle saki When 1 stopped him I thOtlght I ask~ forij and he didnt have it I forgot totally about askJ11Q for it Swindle saId that he did not rememOeJ CJelland telling him he had such proof and eiplained tba1 he wears an earpiece and it Is sometimes hard to hear
SWindle QXplaiOed that he notified Dawson about McBumeys-traffic stop because Dawson was close and wanted him to know he stopped a legislator Swindle- did not notify Dawson about Clenands traffic stop becauae he thought Dawsdn was at a traffIC stop According to Swindle hedoes not want hisSergeant to be bllndsided
When It was explainacfto SWindle middotthat he is not asking for certain items ~vehlcle registration and proof oJ ihSurance) however heissues UTCs for not Ilaving those items
J It appears that he is
ta1king peopkl into taking a non-movng UTe jnstead of a speeding UTCt
Swindle said rrhafs not the way [ mean tolt it Im JOSl trying to cut them breaks I mean Im I dont I cant SSY anything else about it Im oottrying to fo_them 10 take any tickets If I wasdoing that Id just wrife everybody middots~lng tickets and cut no )reaks Swindle acknowledged that It is not appt0priate 10 wrtte a UTe for not having vehicle registration OT proof of insurance when the
20120628 Page-B 018
Department If Higlw~y safety and Motor Vehlcles Office oflnspeelDr General
person has such proof According to Swindle he does not fee that he has to Issue the UTe OIlC8 it has been wrftlen ahd uoderstancfsthat a UTe can be voided
On November 1920middot12 around 101middot3 AM Trooper Charles Swlndle conducted a traffic stop on Steven ClIrisii and RepiBseRtatlile ChaHes McIlumay on middotInterstate 10 in Madison County for going 87 mph in a 70 mph 2One
When SWindle spproached Garisfis vehjcle he did not ask for driver fieense vehicle registration or proof of insurance bowever Caristi provided Swindle Wffi1 documentation (Caristi couJd not recalJ exactW what middotdocumentation was prolidampd) Swindle ffisued Caristi a Traffic Wamingfor Excaeclacf Speed Umif and a UTe for Fail to Display Re9l_0n When -Swindle ~oaQbe~f MeBumeys vehicle he only asked for his driver lfsense and vehicle registration at no pgint did he ask for proof of insurance SVinltUe issued McBurney a Traffic Warning for Exceeded Speed Limit a7tlOmiddot and a UTe for -No Proof of Insuranoe When Swindle issued the lJTC to McBumey he linmedlatety explained to Swindle that he hed his proof of insurance- and -according to McBurney he proceeded to show it to Swindle through the sleeve In his wallet SwIndle GOntinued to issue the UTC even though McBumey said he possessed rus proof Gf insurance
During th~ stop Swindle requested Sergeant Gary Dawson his supervisor to come to the location to infoim him that one of thamp drtveFS was 8 fegisJator Swindle said to Dawson Im goIng to wrije- [McBurney] a warning and be nire Im going to strOke him cause I didnt see h~ insUlancecaro rll give hi ttuifticket warning for speed SWindle explained Im going to give [Carisb] I didnt seehis registratlor) so Im goi09 to stroke him for the- registration and give him a waming orspeed sinteln dQing lhat for [McBurney) (McBJJmey) Is nobelter than [C-l and [Cadsbl is no better 1han [McBurneYl so Im going to do the both the samemiddot Dawson nendad middotOK
The OIG reviewed Swindles in-ltar video Emd audio from a traffic stop before McBurneys on November 15 2012 and a traffic stop immediately following MCBurneys on November 19 2012
On November 15 2012 Swindle- cooducted a traffic stop on Alicia Whitworth for going 92 mph in a 7-0 mph zone while traveJng on Il)terstate 10 swtndIe asked for Whitworths driver li_cense vehkle Eeg is~tiQn ~(Id propf of Inso-tante Whitworth receiVed 8 Traffic Warning fur speeding and a UTe for -No ProOf or Insurance and middotSafety Belt V~atlonmiddot When issuing the UTCs Swindle explained to Whitworth that her-m5tJr8oce card was not valid yet and that he did not see her wearihg 8 ~ Swindte loki WhitWorth that he was cutting her a break- by issuing two non-molling UTCs
On November 19 2012 subsequent to McBurneys Swindle oonducted a traffic stop on Representative Michael euroielland on Jnterstate 10 in Madison COunty for gojng 67 mph in a 70 mph zone SWind~ only asked for CJellands driver license at no point did he ask for vehicle regiStration or procil of Insunanca Swindle Issuad Clelland a Traffic Warning for Exceeded
20120628 PagA 7 ofB
OepaTfment of Highway Safety and Motor Vehicles Office of Inspector General ~
Speed Limlt87f70 and a UTe lor No Proof of Insurance and Fail 10 DIsplay Registration When SWIndle Issuedmiddot the UTCs t Clelland he Immediately explained to Swindle that he had such proof SwTnd~ continued toissue the UTCs even though Clelland said he possessed both his vehicle registration and proof ofinsurence
eonce~ McBurneys traffic amptop in his lnteMeW Swindle did not want to Issue a UTe for ~ng $rid iVas ~ng tomiddotbe nicemiddotana CtJI him break SWIndle explained that he thought he asked for McBomeys proof of Psural)C6 ~ if he ~Id have provided his proof of Insurance he would have voided the UTe and issued a wam1ng for speed even though McBurney old Swindle he had his proof of insurance
When dfstUsslng the trtlffic stops Swindleexplained that he either forgot or middotthought he did ask for vehicle registranon andor proof of insurance Accordingto Swindle he was 4cutting breaksmiddot by issuing the non-moving UTCs Swindle acknowfedged that it is not appropriate to write a UTe for not having whlcle regfstration middotor proof of Insurance when the peTS0n has such proof Swindle said he dues not feel that he ~s to iSSUe the UTC once it has been written and understands that a UTe can be vokied
Based 00 the evidence and swom statemerits associated with this investigation the allegation that Trooper Charles Swindle improperly issued a traffic citation is classified as SUSTAINED
Page 8of8
middot ~
z
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DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICL ESbull
Office of Inspector General Investigations Unit
Case Number 20120628
I theiJndersigned do hereby swear under penalty ofpetjury that toUre bestof my persoaal knowledge ihformadon and belief I have not knowingly or willfully deprived
or allowed anQther te deprNe the subject of-the JnvestigatiQn ofany-of the-middotIghts contained In S5 112532and 112533F1orida-Statutes Addmonally jlerebyveri(y
that the contents ofthis repert are true lind accurate based on my personal I(nowledge infonnation and belief
Investig~n Conducted By
Investigate Bridge A Rayster
D6partmtnt oHlillliwaySafety and Moler Veblcleo Officemiddot of inspector General
Iatlgation Report
Case 201Z0628
On Nober 19 2()12 _ Highway PltltroI (FHP) Trooper Char1os Swindle slopped Representa1jVe Cha yICBumey a9ng VIIIl anotholr vehicle Of iolterslate 10 In Madison ~bull AcCimfing JQfMSIlmey he WastoIdmiddotmiddotfi1atSWlndIe cIodlted lfllngolng 57 miles per hour (mph) In a 70 mph zone and OnlY requ~ nis driver license and registration when he was PlUed over _
SwIndle iSSlled McBumey a Traffic Wamlng fQr ~ alid iSSU9d a FJorid~ Uniform naffic qtailtm (UTe) for no pJt)j)f otlnsuranoe Acrotdinl to Mc8umey ~e advised Swinde that he did not aSk for proltgt ltif ihsurance and prooeeded t9 show SWindle such proof swindle then gave hlthe opllonmiddoto paying $250 for $peOdIng or $1010r no proof ltif InsunnCe
McBurney submittedmiddot a written complaint to FHpmiddot Director middot~Ionel David Briert6n vmo fo~rd~ the CQfTlplatntto -theOffice of Professional Compliance Thecase was subsequently forwarded middotto the OffIce of Inspector Gene1 (OIG) _ was asslglld to Investigator Bridtet Roysler and InsRltgtClor Haroldmiddot$_rg for adrnr1istrative IrrttWJgation on Deoember 4 2012
An investigation was-initiated to detennihe If Swindle vtolated Department policies
Whlkt investigating the an~ns constQeration was gtvef to the following FHP and Oepartment of Hi9hway ~fety and Motor Vehleles (DHSMV) pOlicies
bull D~MV POIi9Y 3116 (DIsciplinary frltgtltoess bull Sfandarlls of COndUCt Guidelines) bull middotFHP Policy 303 (Code of CQnduct flIogulations) bull FHPPolicy 1703 igtUailtmsandWamingslFaully Equipment Notices) bull fHP Pollcy100 (Enforcement Polily)
Upon assignment of thjs investigation Royster reviewed thQ eomplaint Ihtake and Inquiry Form iudlng a written complaint from McBu~ daled November 26 2O~2 (Exhibit 1) Accordjng to the written cOmpaaint McBurney and his -Wffe Deborah McBum~y Mafe traveling from Ja~SQnVm9 to TaJ18~ for the Qrganizational Session- of the Florida House of RepresentatIVes McBurney-was pOf1ed over with another vehlcle that was travefmg In front of him MCBurney told Swindle his ~was on cruiSe control- n01 to exceed greater than 5 mph over the speed limit Swindle asked McButhey for his driver license and registration at flO tlme did
Page1 01amp
Depadmenl of Highway Sirfey and MQjor Vehicles OffIce of J~or Genetai
)
he ask for proof of insuraoce Swindle iss-led McBurney a Traffic WarnIng for speeding and is~ a mc for nQ proof of inSurancs MeBJmeyadVISed SWindle iRal he did nol as( for proof of Insurance and proceeded to show S_Windle such proof Swind~ then gave him the option of paYing $250 forspelOd)ng or$10 for noproof of iuranee
A COPY of ~Tra~iC Wamjng dated Novem~1 19 2012 tssued to McBtlmey was r-evieYed and s howed 1haI Tfilffic W~ tor ~_ Speed LIm~ 8mf was issU(gtd (Extilgt1t2) fA copy oHM UTe (ffi71ANJR) dated Nber 19 2012 isslHlltf III oIcBumey was reviewed and IhowlKflhat a UTCmiddotforNo Proof of Insurance waslssued (Exhibit 3) SWindles notes staled wID blk toy car 81(lO no prOOf of ins 1 passenger oul$lde loemiddotfoIIoWing bull blllt toy pu no reason middotfor speed
A copy 6fthe Traffic-Warning dated November 19 2012 iSSloed to $~vel)6aristithe v~blcle tra~ling in front of yencBllmey was eaewed and Showed that a waming for middotmiddotExceeded Speed Umit _issued (Exhulj 4) A copy of lite UT-C (1570-WJR) dated Nomber 19 2012 issued to Qaristi was relliewed and showed that a UTe for Fall to OiSpl8y Reg_on was Issued (Exhibit ~) SWindles __ WIb blk toy pu 8mO failed middot10 DISplay a reg 0 _oroutsidelane headed to _ Ielding a bIlt toy per
ReiVi~ of ampwjndles in-car video and audio exhibit 8) lfIV681ed the following about the traffic stop on November 192012
bull 101321- SwiodIe Initiated a traffic stop on a black Toyota pickup truck and a black Toyota car
bull P4~~- 6yentind)e approacbed the bIacIlt ToYta pickup ruck flrsI Carfstrs vehicle SWindle introduced hlmH3ff and e~oed ~ euroarfsti that the r~n he was stopped was ~cause be antl1he ~hiCle behind tummiddotwere Qocked going 81 mph in 8 7() mph ZQn8 Csmiddotristi handed SWIildIe documentation
bull middot10 15~ SWindle _cIledlha black Toyota Ii McBurneys vehIGIe SWindle lntrodilcented h1inoeff and aSked for Mcllumeys driver lios_ 8ld reglsi(ltion SWindle e~ toMceumeymiddottlie _ why h and the vehicle in front ofhim wele Slopped McBurney said to SWindle had IfoQ QJise control Theres no way I was going 67 I hadjt~on 75middot SWindle asked if McBurney was a-leglsfator ~ tf he was wfth the House or~nate
bull 10f8~12- Swindle called forSeQeantGmy DaNSOn his sUR8rvtsor bull 1020middot26- SWindle told DaWson that one of the middotndlviduals was a legislator Swindle
explained to Dawson th$tmiddothe was- going to seMt M~y amp ~mlng beciluse he was on CarJstis bumper Dawson said We aini getliff no pay raises anywaysmiddot
bull 1-021middot21 - Swlnde 8gtplalned tq Dawson -Im going to write [McBumey a warning and be nice Im going to middotstrpke him cause I didnt see hi8 insurance card 10 give him that 6cketwamlng for speed SWindle further explained middot jm going to 9[ve (cartsb1 I dIdnt see his registratipn~so rm ~ng bstroke oim fpr th~ registration middotand gtve him a walllill9 for ~middotsinoe Im doing lhaffor[McBorney] [McBurney] Is no beIter han (CaristJl nd [Caris1I] IS no bett-lhan [McBurney] so Im going 10 do the both the same Dawson said OK
bull 102middot1~43- Swindle said to Dawson 1wanted you to knowmiddotwhaf s going on just in case bull 162949- SWindIO approached CaAslfsvehicie again and explained that lt1e indiVIdual
driving the Ie behind him _ a state legislator and lhat he was cu1tiog [MCBwney a break on the speed he aiht no better than youmiddot SWihdle explained to
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Departm-nfof HIghway l)afety and Motor Vehicles OffiCe of flispectQr Genra
Caltisli that amp1 iraquodid not see hiS reg_on he WBSgoing tgiVe him a UTe for not h_g proof of RogisbaIion SWIndle explained 1o Caristi tbal ha waadoif)g the same for McBurney
bull 1QS122- Swindleappr_ MciBiJITie(a leigtlltile againmiddot and ltgtXplalned that he was not going to give him 8 UTe for speed bytslnq hE -did npi see his proof of insurance he wa$ -going to Jssue a $10 UTe fur no proof of insurance McBurney asked if Swmdle wanted his proof Of insurance Swindle wid McBurnay that he already issued the UTC and McBumey further expfalried that he had proof of Insurance and that-he did not hear Swindle ask for such proof SWindJe told McBurney ~If I give you that I cant giVe you this tiCket and Ilf give you a speeding ticket m cutting you a break on this one Swindle loid McBurney he gve Caotr~ saine break
The DIG reviewed Swindles in-caf video alld alldtO from a trafflc stQP before McBurneys on N_mber 15 2012 (Exhibit 7) and a _ stop immediately folloWing McBurneys on Nol8ll1ber 1~ 2012 (Exhibit 8)
On Ndvemlgter 15 2012 Swindle conducted a _ SlOp on Alicia Whitwodh for going 92 mph if) ~ 70 mph zona wIiltrtJavellng on I_a1Q SwindJe asksl for Whitworth driver license vehic1~ regtstraoon -and proof of insurance -WftttWerth receivscta TraffIC Wamifig for speeding and a UTCfor -NO PrOof Of tnsurance- and ~Safety Ben V1~tiOn middot When IssJing the UTCs to Whjfworth Swindle explar)ed ~t her ifJstlJW10e card was not valid yenetahd that he did not see ~ar ~ng __ inlet1lJgtted SWindie add SwindlUlaid LJgtlen-to m~ both of these are flOfIOOWlg viOlations with np RG~ would yenOU raQler have two non-moVing lIioatio(lS 9rthaJ bigopeeding ticJlt~rr ~WIlitWltgtdh WiIstalking rO SwiJidle he said Yoo want th~ ticketiS that wfiat youreteJling ma Im Ifying to cut youa break here Swindle middottold Whitworth DonHaka _taga of my hospitality and kick it back up Yon may not get another Trooperthats so lenientmiddot
On NovemOOr 19 2012 SWin~le conducted a traffjqs1op on Representative Michael CleUandfor going 87 mph In a 70 mphzoR8 while traveling on Interstate 1Q SWind~ asked for Clellaod~s driVer ribense Clelland reoeived a Traffic Warning for spltredlng and a UTe for No Proof of Insuf3Ilw and FaH to Display Registration Swindle told Cleliand From one firefighter to another Im cutting you a break- When Swindle was issutng the UTCs Cfafland interrupted Swindle and said 1 have them Swindle oontin~d to expiain thJrt the two UTes are nonshymovjng vioJations and there Will be no poInts on his dJiVer license Swindle explained kI CJelland th~ he has 30 days to make copies of the documents I dI~nt seemiddot and mail them to the derks pffice SWindle said middot50 basicany y_ou take care of it thatmiddot way and yotire getting a wamngmiddotfor ampPeed today
RepresentattveCharies ~cBurney Complainant
On Decomber 10 2 01 2 S_ifJsberg conducted a diglfally recoiltled sworn iritafliew with McB4fT18yat his law offlce in Jaeksanville Flprida Royster was also present for the interview ThefoUowlng is a synopsis-of McBumeysstatement which contains paraphrasing
Page 3 of S
Dtipaitmelitof HigliwY Safety nd Motor Vehicles Office oflhSpeetbr Gene
_mermiddotand his wife DebQrah McBumer were traveling from jacksonville to Tallahassee on NOVember 19 201-2 for the Organizations1 Session of the House of Representativeamp when he was stopped On Inte- 10 with anolher _ middottraveling in front of him SwindleapproaOhed middotthe ffrst vehiete (Caris1is vehfcle) and then approached McElurn$fs vehicle Swindle asked McBurney where he was gomg to the efedt why was he going 87 mph MeEJumey explained that his cru~ control ~ se(to either 74 mph or 75 mph arid tfIat he was not going 87 mph Swindle theoasked lor McBurneys d~r IJceftSe and regiStration at no point-did Swindle ask for his proof of iRsurance
$wind applOJictTeli McBwneys vehicle again and gave him a Traffic Warning for ~Ing and middot8- UTe for no proof of insllntfIGe McBurney told Swindle Trooper you didnt ask me for proor -of insurarlCe you asked for I~nse and registration card McBurney then showed SwiDdls through the sleeve in his waUet his proof of insurance~ Acoording to McBomey SwincUe told him that he had a choke of paying $10 for no proof of insurance or $250 for speeding
Deborah McBurny~ Pas$engw
OnDeoember 1Q 2012 Sotlweinsbe1l cxgtnducte a digitally recorded sworn Interview with DeQorah McBurney at Mandarin Oaks E1emerttaty Schoolin Jacksomlle Florida Royster was also preseAt fer the interview The followfng Is a synopsis of MeBumeys statement which contalns lgtflIPhras1ng
As a passenger D McBurney was1raveling on Int~nrtate 10 to Tallaha~ on November 19 2012 with Irr husband C MgBumey As tIrltgt _1cIe tn front of thalrswas being pulled over Swindlemiddot SIgr1ated them to pull (Wer When SwindlE approached their vehidamp he explained that ~y we~ puBed 0V8f forgoing -8-7 mph O McBurney-explained to Swindle- that She would neft let C tkSutney drive thatfast AccOrding to D MeBumBY Swindle asked for their registration and diCl-notask fOf proof-ef insurance
SwifKile ~[t)8ched their yehicle again ana explained that h~ was gMng C Mc8umey a UTe formiddotnot showing proof ofin~urance O~ McBlUlley eXgtlained that C McBurney told Swlndle that he dld notask for proof of ~UrfUlce Bhd that he had his proof of Insurance SwIndle then asked C McBurney if ha wanted ttle $200 spaeding ticket D McBumey explained that Swndle was wheeling and dealing- with them
Steven CarlsU Cftizen
On Deeember 14 2Q12 lnspector Christopher Cri~ oonductoo a dig-ltalry recor~ sworn interview with Steven Caristi at h~ ~i$nee in Port St John RoOOa The fdUowing is 8
synopsis of CarMis statement WhiCh contains paraphrasing
Caristi was tTaveUng to Tallahassee on November 19 2012 when he was stopped on Interstate 10 with another iMide travefmg behlnd him According to Caris-ti Swindle approached his vehtcle and asked where he was going C8riSti could not recalL which documents Swindle asked for and saId -I think I did hand him a registration but I think I handed him a registration that was out of date
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Department of HlghwY Safety a Motor VehIcles OffiCe of In-spector General
AccorltflOg tp Caristi Swindle middottook the documents to his patrol car aAd returned and explained that his ~on was expired and then went baCk to his patroJ Car SwindJe approached CarisHs vehicle aga1n and explained that he was giving him a Traffic Warning for speedlng and a UTe for not ha-gtinga regisbatiOn
(otG-Note-ln a telepho~ cenversation with Cansti~ he explained that he was pulled over twice In the past roonth aod it appears that -he mlgbt be confusing the -two middottraffic stop$ The in-G8r video aOO audio shows ~ Caisti handed Swind~ documentation and Swindle did not ask CaOstl ~r specifiC documentation SWirkHe told DaW$On that he did not see Caristis reglstiatkm Additionally Swindle only approached Carlstrs vehicle- twice and dKl nQt discuss an expired registratkm)
Representative Michael Clelland Citizen
On Qecei1)ber 13 2012 lnSpeltor CMlttopher Cribbs conducted a digItally reoorded sworn intervieW wi1h Clelland at bjs law offce in -Orlando Floffda The foKowirig Is a synopSis af Cieuartd -lameJ)t wIllcl1 comaino parapblll$ing
GJslland -was 1raveling to middotTallahassee on November 19 2012 for the Organizational Session of the House of Repoiseritatives when he was stopped on hJterstate 10 Swindle agproachmiddoted C_nd vQhicle BsIed for his driver license and asked why he _ In a hurry beca he clocllted him going 81 mph Clelland explained Id middotSwindle that he was newly elected to he JegiSlature and that he was on his WflY to the capitol SWindle did notmiddotmiddotask for Clellands vehiele registration or proof ofinslJrance
SWindle approached Clellands-- vahlde again and asked who was a fire fighter arid CIeJland expliQed to Swindle that he )$8 retired fit ligAter Swindle lold him ramona fire fighter to another he was going to me him UTCs for falllflEl to producemiddot insurance and registration Clellenj _lained that he tolq SWIndle he hed bOth of thosamp documens but Swindle oept explaining how to ndle he UTCs CIeIlatid fe~ that Swinltlle was shng proleltsiOflal coortesymiddot by lssuing two non-movihg vlolatiQns
Charles Swindl Troope Florida Highway Patrol
On Deeember 26 2012 Schweinsberg conducted a digitally recorded swom interview with Swincjla at he OffIce 01 Inspector GerwaJ In TUah8ssee Florida Royster was afro present during the interview The folloWing Is a synopsis of Swindles statement which contains paraphrasing
Swindle has been e~yed With FHP for approximately six and one haft years Swindle was working regolarmiddotdutymiddot-on November 19 middot2012 In Madison COunty
While conducting radar on Inte$te 10 westbound Swindle clocked Caristi going 87 mph and then clocked McBurney going 67 mph When asked why he did not ask for Caristis vehicle
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middotmiddot Department of HIghwaY lafaty and Motor V htcles
Office ofIns~ctor GenetaJ D
regi_ SWindle lhought he asIltgtI ~ Caristi was the regis1eredawner of the vehicle and -dOe$ rfGttemember what doCUments C-artsUhancled him during the traffJC stop
When asked wily he dId not ask tolt McBurneys proof of insurance Swindle said I thought I did um J know J asked for his registration but apparently 1 didnt say proof of insurance at tnat point- Me watching thQ in-ltarvkleo Swindle said there-was traffic going by and he oould not hear if he asked fOl proof or Insurance When asked if he might hat6 asked for McBumeys proof of Hlsurance Swindle explained-that when he conducts a-traffic stop he introduces himself and explains why the person fs being stbpped asks for driver license asks the middotreason for the speedi asks if the driver is the- registered owner of the vehi and asks for veblcte registration afcent proof of insurance
Whenmiddot asked why he- didntal~w McBurney-_to- give him proof of insurance when he was tssving the UTe Swlnole said I wa honestly just trying to be rote and cllt him a break I mean ihafs the reason why I was tJying to ba nlee SWindle explained that WgtI~ woukl have provided his-proofofJnsurance hewoJiid have fol ded the LITe and issued a warnIng for speed hnwever middota~ihg to SWindle McBurney never shoWed his proofof insurance Evell though McBurney tokl Swindle he had his proof of illSUIllllco SWindle explained that he did oot want to issue a uTe for speeding and does not know why he did not have McBurney show his proof of insumnce
Reg~nfing the- traffic stop middotwittr WhitWorth when asked why he did not initially discuss her Geatbett SWindle explained that- he did not see be-r wearing a seatbelt and forgot to ask about it because they were discussing her iosJrance andspaed When asked if he would be able to proye Whitwortl) did not have a seatbeft on SWfnd~ explained thatmiddot he dld not see her seatbe1t and -she saki she had it 00 lccordlrgtg to Swindle he likes to _Ie Instead of always enfogtclng end triad to GOtWhitwoltth a break
Rllarltiing the traffic stop wtth Clelland when nwas explained that he did not ask for his vehicle registration or proof ofmsurance Swindle said I totally forgot to ask for them on that one Swindle expIailled that unHI he watched tile in-car video he ltlid not ~alize he dkl not ask for C~s vehici~ registration and proof of insurance When tt was explained tbat he issued UTCs when he did nQt ask -for 61eJ1ancts vetUde reg~ation and proof of insurance Swindle saki When 1 stopped him I thOtlght I ask~ forij and he didnt have it I forgot totally about askJ11Q for it Swindle saId that he did not rememOeJ CJelland telling him he had such proof and eiplained tba1 he wears an earpiece and it Is sometimes hard to hear
SWindle QXplaiOed that he notified Dawson about McBumeys-traffic stop because Dawson was close and wanted him to know he stopped a legislator Swindle- did not notify Dawson about Clenands traffic stop becauae he thought Dawsdn was at a traffIC stop According to Swindle hedoes not want hisSergeant to be bllndsided
When It was explainacfto SWindle middotthat he is not asking for certain items ~vehlcle registration and proof oJ ihSurance) however heissues UTCs for not Ilaving those items
J It appears that he is
ta1king peopkl into taking a non-movng UTe jnstead of a speeding UTCt
Swindle said rrhafs not the way [ mean tolt it Im JOSl trying to cut them breaks I mean Im I dont I cant SSY anything else about it Im oottrying to fo_them 10 take any tickets If I wasdoing that Id just wrife everybody middots~lng tickets and cut no )reaks Swindle acknowledged that It is not appt0priate 10 wrtte a UTe for not having vehicle registration OT proof of insurance when the
20120628 Page-B 018
Department If Higlw~y safety and Motor Vehlcles Office oflnspeelDr General
person has such proof According to Swindle he does not fee that he has to Issue the UTe OIlC8 it has been wrftlen ahd uoderstancfsthat a UTe can be voided
On November 1920middot12 around 101middot3 AM Trooper Charles Swlndle conducted a traffic stop on Steven ClIrisii and RepiBseRtatlile ChaHes McIlumay on middotInterstate 10 in Madison County for going 87 mph in a 70 mph 2One
When SWindle spproached Garisfis vehjcle he did not ask for driver fieense vehicle registration or proof of insurance bowever Caristi provided Swindle Wffi1 documentation (Caristi couJd not recalJ exactW what middotdocumentation was prolidampd) Swindle ffisued Caristi a Traffic Wamingfor Excaeclacf Speed Umif and a UTe for Fail to Display Re9l_0n When -Swindle ~oaQbe~f MeBumeys vehicle he only asked for his driver lfsense and vehicle registration at no pgint did he ask for proof of insurance SVinltUe issued McBurney a Traffic Warning for Exceeded Speed Limit a7tlOmiddot and a UTe for -No Proof of Insuranoe When Swindle issued the lJTC to McBumey he linmedlatety explained to Swindle that he hed his proof of insurance- and -according to McBurney he proceeded to show it to Swindle through the sleeve In his wallet SwIndle GOntinued to issue the UTC even though McBumey said he possessed rus proof Gf insurance
During th~ stop Swindle requested Sergeant Gary Dawson his supervisor to come to the location to infoim him that one of thamp drtveFS was 8 fegisJator Swindle said to Dawson Im goIng to wrije- [McBurney] a warning and be nire Im going to strOke him cause I didnt see h~ insUlancecaro rll give hi ttuifticket warning for speed SWindle explained Im going to give [Carisb] I didnt seehis registratlor) so Im goi09 to stroke him for the- registration and give him a waming orspeed sinteln dQing lhat for [McBurney) (McBJJmey) Is nobelter than [C-l and [Cadsbl is no better 1han [McBurneYl so Im going to do the both the samemiddot Dawson nendad middotOK
The OIG reviewed Swindles in-ltar video Emd audio from a traffic stop before McBurneys on November 15 2012 and a traffic stop immediately following MCBurneys on November 19 2012
On November 15 2012 Swindle- cooducted a traffic stop on Alicia Whitworth for going 92 mph in a 7-0 mph zone while traveJng on Il)terstate 10 swtndIe asked for Whitworths driver li_cense vehkle Eeg is~tiQn ~(Id propf of Inso-tante Whitworth receiVed 8 Traffic Warning fur speeding and a UTe for -No ProOf or Insurance and middotSafety Belt V~atlonmiddot When issuing the UTCs Swindle explained to Whitworth that her-m5tJr8oce card was not valid yet and that he did not see her wearihg 8 ~ Swindte loki WhitWorth that he was cutting her a break- by issuing two non-molling UTCs
On November 19 2012 subsequent to McBurneys Swindle oonducted a traffic stop on Representative Michael euroielland on Jnterstate 10 in Madison COunty for gojng 67 mph in a 70 mph zone SWind~ only asked for CJellands driver license at no point did he ask for vehicle regiStration or procil of Insunanca Swindle Issuad Clelland a Traffic Warning for Exceeded
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OepaTfment of Highway Safety and Motor Vehicles Office of Inspector General ~
Speed Limlt87f70 and a UTe lor No Proof of Insurance and Fail 10 DIsplay Registration When SWIndle Issuedmiddot the UTCs t Clelland he Immediately explained to Swindle that he had such proof SwTnd~ continued toissue the UTCs even though Clelland said he possessed both his vehicle registration and proof ofinsurence
eonce~ McBurneys traffic amptop in his lnteMeW Swindle did not want to Issue a UTe for ~ng $rid iVas ~ng tomiddotbe nicemiddotana CtJI him break SWIndle explained that he thought he asked for McBomeys proof of Psural)C6 ~ if he ~Id have provided his proof of Insurance he would have voided the UTe and issued a wam1ng for speed even though McBurney old Swindle he had his proof of insurance
When dfstUsslng the trtlffic stops Swindleexplained that he either forgot or middotthought he did ask for vehicle registranon andor proof of insurance Accordingto Swindle he was 4cutting breaksmiddot by issuing the non-moving UTCs Swindle acknowfedged that it is not appropriate to write a UTe for not having whlcle regfstration middotor proof of Insurance when the peTS0n has such proof Swindle said he dues not feel that he ~s to iSSUe the UTC once it has been written and understands that a UTe can be vokied
Based 00 the evidence and swom statemerits associated with this investigation the allegation that Trooper Charles Swindle improperly issued a traffic citation is classified as SUSTAINED
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middot ~
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D6partmtnt oHlillliwaySafety and Moler Veblcleo Officemiddot of inspector General
Iatlgation Report
Case 201Z0628
On Nober 19 2()12 _ Highway PltltroI (FHP) Trooper Char1os Swindle slopped Representa1jVe Cha yICBumey a9ng VIIIl anotholr vehicle Of iolterslate 10 In Madison ~bull AcCimfing JQfMSIlmey he WastoIdmiddotmiddotfi1atSWlndIe cIodlted lfllngolng 57 miles per hour (mph) In a 70 mph zone and OnlY requ~ nis driver license and registration when he was PlUed over _
SwIndle iSSlled McBumey a Traffic Wamlng fQr ~ alid iSSU9d a FJorid~ Uniform naffic qtailtm (UTe) for no pJt)j)f otlnsuranoe Acrotdinl to Mc8umey ~e advised Swinde that he did not aSk for proltgt ltif ihsurance and prooeeded t9 show SWindle such proof swindle then gave hlthe opllonmiddoto paying $250 for $peOdIng or $1010r no proof ltif InsunnCe
McBurney submittedmiddot a written complaint to FHpmiddot Director middot~Ionel David Briert6n vmo fo~rd~ the CQfTlplatntto -theOffice of Professional Compliance Thecase was subsequently forwarded middotto the OffIce of Inspector Gene1 (OIG) _ was asslglld to Investigator Bridtet Roysler and InsRltgtClor Haroldmiddot$_rg for adrnr1istrative IrrttWJgation on Deoember 4 2012
An investigation was-initiated to detennihe If Swindle vtolated Department policies
Whlkt investigating the an~ns constQeration was gtvef to the following FHP and Oepartment of Hi9hway ~fety and Motor Vehleles (DHSMV) pOlicies
bull D~MV POIi9Y 3116 (DIsciplinary frltgtltoess bull Sfandarlls of COndUCt Guidelines) bull middotFHP Policy 303 (Code of CQnduct flIogulations) bull FHPPolicy 1703 igtUailtmsandWamingslFaully Equipment Notices) bull fHP Pollcy100 (Enforcement Polily)
Upon assignment of thjs investigation Royster reviewed thQ eomplaint Ihtake and Inquiry Form iudlng a written complaint from McBu~ daled November 26 2O~2 (Exhibit 1) Accordjng to the written cOmpaaint McBurney and his -Wffe Deborah McBum~y Mafe traveling from Ja~SQnVm9 to TaJ18~ for the Qrganizational Session- of the Florida House of RepresentatIVes McBurney-was pOf1ed over with another vehlcle that was travefmg In front of him MCBurney told Swindle his ~was on cruiSe control- n01 to exceed greater than 5 mph over the speed limit Swindle asked McButhey for his driver license and registration at flO tlme did
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Depadmenl of Highway Sirfey and MQjor Vehicles OffIce of J~or Genetai
)
he ask for proof of insuraoce Swindle iss-led McBurney a Traffic WarnIng for speeding and is~ a mc for nQ proof of inSurancs MeBJmeyadVISed SWindle iRal he did nol as( for proof of Insurance and proceeded to show S_Windle such proof Swind~ then gave him the option of paYing $250 forspelOd)ng or$10 for noproof of iuranee
A COPY of ~Tra~iC Wamjng dated Novem~1 19 2012 tssued to McBtlmey was r-evieYed and s howed 1haI Tfilffic W~ tor ~_ Speed LIm~ 8mf was issU(gtd (Extilgt1t2) fA copy oHM UTe (ffi71ANJR) dated Nber 19 2012 isslHlltf III oIcBumey was reviewed and IhowlKflhat a UTCmiddotforNo Proof of Insurance waslssued (Exhibit 3) SWindles notes staled wID blk toy car 81(lO no prOOf of ins 1 passenger oul$lde loemiddotfoIIoWing bull blllt toy pu no reason middotfor speed
A copy 6fthe Traffic-Warning dated November 19 2012 iSSloed to $~vel)6aristithe v~blcle tra~ling in front of yencBllmey was eaewed and Showed that a waming for middotmiddotExceeded Speed Umit _issued (Exhulj 4) A copy of lite UT-C (1570-WJR) dated Nomber 19 2012 issued to Qaristi was relliewed and showed that a UTe for Fall to OiSpl8y Reg_on was Issued (Exhibit ~) SWindles __ WIb blk toy pu 8mO failed middot10 DISplay a reg 0 _oroutsidelane headed to _ Ielding a bIlt toy per
ReiVi~ of ampwjndles in-car video and audio exhibit 8) lfIV681ed the following about the traffic stop on November 192012
bull 101321- SwiodIe Initiated a traffic stop on a black Toyota pickup truck and a black Toyota car
bull P4~~- 6yentind)e approacbed the bIacIlt ToYta pickup ruck flrsI Carfstrs vehicle SWindle introduced hlmH3ff and e~oed ~ euroarfsti that the r~n he was stopped was ~cause be antl1he ~hiCle behind tummiddotwere Qocked going 81 mph in 8 7() mph ZQn8 Csmiddotristi handed SWIildIe documentation
bull middot10 15~ SWindle _cIledlha black Toyota Ii McBurneys vehIGIe SWindle lntrodilcented h1inoeff and aSked for Mcllumeys driver lios_ 8ld reglsi(ltion SWindle e~ toMceumeymiddottlie _ why h and the vehicle in front ofhim wele Slopped McBurney said to SWindle had IfoQ QJise control Theres no way I was going 67 I hadjt~on 75middot SWindle asked if McBurney was a-leglsfator ~ tf he was wfth the House or~nate
bull 10f8~12- Swindle called forSeQeantGmy DaNSOn his sUR8rvtsor bull 1020middot26- SWindle told DaWson that one of the middotndlviduals was a legislator Swindle
explained to Dawson th$tmiddothe was- going to seMt M~y amp ~mlng beciluse he was on CarJstis bumper Dawson said We aini getliff no pay raises anywaysmiddot
bull 1-021middot21 - Swlnde 8gtplalned tq Dawson -Im going to write [McBumey a warning and be nice Im going to middotstrpke him cause I didnt see hi8 insurance card 10 give him that 6cketwamlng for speed SWindle further explained middot jm going to 9[ve (cartsb1 I dIdnt see his registratipn~so rm ~ng bstroke oim fpr th~ registration middotand gtve him a walllill9 for ~middotsinoe Im doing lhaffor[McBorney] [McBurney] Is no beIter han (CaristJl nd [Caris1I] IS no bett-lhan [McBurney] so Im going 10 do the both the same Dawson said OK
bull 102middot1~43- Swindle said to Dawson 1wanted you to knowmiddotwhaf s going on just in case bull 162949- SWindIO approached CaAslfsvehicie again and explained that lt1e indiVIdual
driving the Ie behind him _ a state legislator and lhat he was cu1tiog [MCBwney a break on the speed he aiht no better than youmiddot SWihdle explained to
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Departm-nfof HIghway l)afety and Motor Vehicles OffiCe of flispectQr Genra
Caltisli that amp1 iraquodid not see hiS reg_on he WBSgoing tgiVe him a UTe for not h_g proof of RogisbaIion SWIndle explained 1o Caristi tbal ha waadoif)g the same for McBurney
bull 1QS122- Swindleappr_ MciBiJITie(a leigtlltile againmiddot and ltgtXplalned that he was not going to give him 8 UTe for speed bytslnq hE -did npi see his proof of insurance he wa$ -going to Jssue a $10 UTe fur no proof of insurance McBurney asked if Swmdle wanted his proof Of insurance Swindle wid McBurnay that he already issued the UTC and McBumey further expfalried that he had proof of Insurance and that-he did not hear Swindle ask for such proof SWindJe told McBurney ~If I give you that I cant giVe you this tiCket and Ilf give you a speeding ticket m cutting you a break on this one Swindle loid McBurney he gve Caotr~ saine break
The DIG reviewed Swindles in-caf video alld alldtO from a trafflc stQP before McBurneys on N_mber 15 2012 (Exhibit 7) and a _ stop immediately folloWing McBurneys on Nol8ll1ber 1~ 2012 (Exhibit 8)
On Ndvemlgter 15 2012 Swindle conducted a _ SlOp on Alicia Whitwodh for going 92 mph if) ~ 70 mph zona wIiltrtJavellng on I_a1Q SwindJe asksl for Whitworth driver license vehic1~ regtstraoon -and proof of insurance -WftttWerth receivscta TraffIC Wamifig for speeding and a UTCfor -NO PrOof Of tnsurance- and ~Safety Ben V1~tiOn middot When IssJing the UTCs to Whjfworth Swindle explar)ed ~t her ifJstlJW10e card was not valid yenetahd that he did not see ~ar ~ng __ inlet1lJgtted SWindie add SwindlUlaid LJgtlen-to m~ both of these are flOfIOOWlg viOlations with np RG~ would yenOU raQler have two non-moVing lIioatio(lS 9rthaJ bigopeeding ticJlt~rr ~WIlitWltgtdh WiIstalking rO SwiJidle he said Yoo want th~ ticketiS that wfiat youreteJling ma Im Ifying to cut youa break here Swindle middottold Whitworth DonHaka _taga of my hospitality and kick it back up Yon may not get another Trooperthats so lenientmiddot
On NovemOOr 19 2012 SWin~le conducted a traffjqs1op on Representative Michael CleUandfor going 87 mph In a 70 mphzoR8 while traveling on Interstate 1Q SWind~ asked for Clellaod~s driVer ribense Clelland reoeived a Traffic Warning for spltredlng and a UTe for No Proof of Insuf3Ilw and FaH to Display Registration Swindle told Cleliand From one firefighter to another Im cutting you a break- When Swindle was issutng the UTCs Cfafland interrupted Swindle and said 1 have them Swindle oontin~d to expiain thJrt the two UTes are nonshymovjng vioJations and there Will be no poInts on his dJiVer license Swindle explained kI CJelland th~ he has 30 days to make copies of the documents I dI~nt seemiddot and mail them to the derks pffice SWindle said middot50 basicany y_ou take care of it thatmiddot way and yotire getting a wamngmiddotfor ampPeed today
RepresentattveCharies ~cBurney Complainant
On Decomber 10 2 01 2 S_ifJsberg conducted a diglfally recoiltled sworn iritafliew with McB4fT18yat his law offlce in Jaeksanville Flprida Royster was also present for the interview ThefoUowlng is a synopsis-of McBumeysstatement which contains paraphrasing
Page 3 of S
Dtipaitmelitof HigliwY Safety nd Motor Vehicles Office oflhSpeetbr Gene
_mermiddotand his wife DebQrah McBumer were traveling from jacksonville to Tallahassee on NOVember 19 201-2 for the Organizations1 Session of the House of Representativeamp when he was stopped On Inte- 10 with anolher _ middottraveling in front of him SwindleapproaOhed middotthe ffrst vehiete (Caris1is vehfcle) and then approached McElurn$fs vehicle Swindle asked McBurney where he was gomg to the efedt why was he going 87 mph MeEJumey explained that his cru~ control ~ se(to either 74 mph or 75 mph arid tfIat he was not going 87 mph Swindle theoasked lor McBurneys d~r IJceftSe and regiStration at no point-did Swindle ask for his proof of iRsurance
$wind applOJictTeli McBwneys vehicle again and gave him a Traffic Warning for ~Ing and middot8- UTe for no proof of insllntfIGe McBurney told Swindle Trooper you didnt ask me for proor -of insurarlCe you asked for I~nse and registration card McBurney then showed SwiDdls through the sleeve in his waUet his proof of insurance~ Acoording to McBomey SwincUe told him that he had a choke of paying $10 for no proof of insurance or $250 for speeding
Deborah McBurny~ Pas$engw
OnDeoember 1Q 2012 Sotlweinsbe1l cxgtnducte a digitally recorded sworn Interview with DeQorah McBurney at Mandarin Oaks E1emerttaty Schoolin Jacksomlle Florida Royster was also preseAt fer the interview The followfng Is a synopsis of MeBumeys statement which contalns lgtflIPhras1ng
As a passenger D McBurney was1raveling on Int~nrtate 10 to Tallaha~ on November 19 2012 with Irr husband C MgBumey As tIrltgt _1cIe tn front of thalrswas being pulled over Swindlemiddot SIgr1ated them to pull (Wer When SwindlE approached their vehidamp he explained that ~y we~ puBed 0V8f forgoing -8-7 mph O McBurney-explained to Swindle- that She would neft let C tkSutney drive thatfast AccOrding to D MeBumBY Swindle asked for their registration and diCl-notask fOf proof-ef insurance
SwifKile ~[t)8ched their yehicle again ana explained that h~ was gMng C Mc8umey a UTe formiddotnot showing proof ofin~urance O~ McBlUlley eXgtlained that C McBurney told Swlndle that he dld notask for proof of ~UrfUlce Bhd that he had his proof of Insurance SwIndle then asked C McBurney if ha wanted ttle $200 spaeding ticket D McBumey explained that Swndle was wheeling and dealing- with them
Steven CarlsU Cftizen
On Deeember 14 2Q12 lnspector Christopher Cri~ oonductoo a dig-ltalry recor~ sworn interview with Steven Caristi at h~ ~i$nee in Port St John RoOOa The fdUowing is 8
synopsis of CarMis statement WhiCh contains paraphrasing
Caristi was tTaveUng to Tallahassee on November 19 2012 when he was stopped on Interstate 10 with another iMide travefmg behlnd him According to Caris-ti Swindle approached his vehtcle and asked where he was going C8riSti could not recalL which documents Swindle asked for and saId -I think I did hand him a registration but I think I handed him a registration that was out of date
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Department of HlghwY Safety a Motor VehIcles OffiCe of In-spector General
AccorltflOg tp Caristi Swindle middottook the documents to his patrol car aAd returned and explained that his ~on was expired and then went baCk to his patroJ Car SwindJe approached CarisHs vehicle aga1n and explained that he was giving him a Traffic Warning for speedlng and a UTe for not ha-gtinga regisbatiOn
(otG-Note-ln a telepho~ cenversation with Cansti~ he explained that he was pulled over twice In the past roonth aod it appears that -he mlgbt be confusing the -two middottraffic stop$ The in-G8r video aOO audio shows ~ Caisti handed Swind~ documentation and Swindle did not ask CaOstl ~r specifiC documentation SWirkHe told DaW$On that he did not see Caristis reglstiatkm Additionally Swindle only approached Carlstrs vehicle- twice and dKl nQt discuss an expired registratkm)
Representative Michael Clelland Citizen
On Qecei1)ber 13 2012 lnSpeltor CMlttopher Cribbs conducted a digItally reoorded sworn intervieW wi1h Clelland at bjs law offce in -Orlando Floffda The foKowirig Is a synopSis af Cieuartd -lameJ)t wIllcl1 comaino parapblll$ing
GJslland -was 1raveling to middotTallahassee on November 19 2012 for the Organizational Session of the House of Repoiseritatives when he was stopped on hJterstate 10 Swindle agproachmiddoted C_nd vQhicle BsIed for his driver license and asked why he _ In a hurry beca he clocllted him going 81 mph Clelland explained Id middotSwindle that he was newly elected to he JegiSlature and that he was on his WflY to the capitol SWindle did notmiddotmiddotask for Clellands vehiele registration or proof ofinslJrance
SWindle approached Clellands-- vahlde again and asked who was a fire fighter arid CIeJland expliQed to Swindle that he )$8 retired fit ligAter Swindle lold him ramona fire fighter to another he was going to me him UTCs for falllflEl to producemiddot insurance and registration Clellenj _lained that he tolq SWIndle he hed bOth of thosamp documens but Swindle oept explaining how to ndle he UTCs CIeIlatid fe~ that Swinltlle was shng proleltsiOflal coortesymiddot by lssuing two non-movihg vlolatiQns
Charles Swindl Troope Florida Highway Patrol
On Deeember 26 2012 Schweinsberg conducted a digitally recorded swom interview with Swincjla at he OffIce 01 Inspector GerwaJ In TUah8ssee Florida Royster was afro present during the interview The folloWing Is a synopsis of Swindles statement which contains paraphrasing
Swindle has been e~yed With FHP for approximately six and one haft years Swindle was working regolarmiddotdutymiddot-on November 19 middot2012 In Madison COunty
While conducting radar on Inte$te 10 westbound Swindle clocked Caristi going 87 mph and then clocked McBurney going 67 mph When asked why he did not ask for Caristis vehicle
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middotmiddot Department of HIghwaY lafaty and Motor V htcles
Office ofIns~ctor GenetaJ D
regi_ SWindle lhought he asIltgtI ~ Caristi was the regis1eredawner of the vehicle and -dOe$ rfGttemember what doCUments C-artsUhancled him during the traffJC stop
When asked wily he dId not ask tolt McBurneys proof of insurance Swindle said I thought I did um J know J asked for his registration but apparently 1 didnt say proof of insurance at tnat point- Me watching thQ in-ltarvkleo Swindle said there-was traffic going by and he oould not hear if he asked fOl proof or Insurance When asked if he might hat6 asked for McBumeys proof of Hlsurance Swindle explained-that when he conducts a-traffic stop he introduces himself and explains why the person fs being stbpped asks for driver license asks the middotreason for the speedi asks if the driver is the- registered owner of the vehi and asks for veblcte registration afcent proof of insurance
Whenmiddot asked why he- didntal~w McBurney-_to- give him proof of insurance when he was tssving the UTe Swlnole said I wa honestly just trying to be rote and cllt him a break I mean ihafs the reason why I was tJying to ba nlee SWindle explained that WgtI~ woukl have provided his-proofofJnsurance hewoJiid have fol ded the LITe and issued a warnIng for speed hnwever middota~ihg to SWindle McBurney never shoWed his proofof insurance Evell though McBurney tokl Swindle he had his proof of illSUIllllco SWindle explained that he did oot want to issue a uTe for speeding and does not know why he did not have McBurney show his proof of insumnce
Reg~nfing the- traffic stop middotwittr WhitWorth when asked why he did not initially discuss her Geatbett SWindle explained that- he did not see be-r wearing a seatbelt and forgot to ask about it because they were discussing her iosJrance andspaed When asked if he would be able to proye Whitwortl) did not have a seatbeft on SWfnd~ explained thatmiddot he dld not see her seatbe1t and -she saki she had it 00 lccordlrgtg to Swindle he likes to _Ie Instead of always enfogtclng end triad to GOtWhitwoltth a break
Rllarltiing the traffic stop wtth Clelland when nwas explained that he did not ask for his vehicle registration or proof ofmsurance Swindle said I totally forgot to ask for them on that one Swindle expIailled that unHI he watched tile in-car video he ltlid not ~alize he dkl not ask for C~s vehici~ registration and proof of insurance When tt was explained tbat he issued UTCs when he did nQt ask -for 61eJ1ancts vetUde reg~ation and proof of insurance Swindle saki When 1 stopped him I thOtlght I ask~ forij and he didnt have it I forgot totally about askJ11Q for it Swindle saId that he did not rememOeJ CJelland telling him he had such proof and eiplained tba1 he wears an earpiece and it Is sometimes hard to hear
SWindle QXplaiOed that he notified Dawson about McBumeys-traffic stop because Dawson was close and wanted him to know he stopped a legislator Swindle- did not notify Dawson about Clenands traffic stop becauae he thought Dawsdn was at a traffIC stop According to Swindle hedoes not want hisSergeant to be bllndsided
When It was explainacfto SWindle middotthat he is not asking for certain items ~vehlcle registration and proof oJ ihSurance) however heissues UTCs for not Ilaving those items
J It appears that he is
ta1king peopkl into taking a non-movng UTe jnstead of a speeding UTCt
Swindle said rrhafs not the way [ mean tolt it Im JOSl trying to cut them breaks I mean Im I dont I cant SSY anything else about it Im oottrying to fo_them 10 take any tickets If I wasdoing that Id just wrife everybody middots~lng tickets and cut no )reaks Swindle acknowledged that It is not appt0priate 10 wrtte a UTe for not having vehicle registration OT proof of insurance when the
20120628 Page-B 018
Department If Higlw~y safety and Motor Vehlcles Office oflnspeelDr General
person has such proof According to Swindle he does not fee that he has to Issue the UTe OIlC8 it has been wrftlen ahd uoderstancfsthat a UTe can be voided
On November 1920middot12 around 101middot3 AM Trooper Charles Swlndle conducted a traffic stop on Steven ClIrisii and RepiBseRtatlile ChaHes McIlumay on middotInterstate 10 in Madison County for going 87 mph in a 70 mph 2One
When SWindle spproached Garisfis vehjcle he did not ask for driver fieense vehicle registration or proof of insurance bowever Caristi provided Swindle Wffi1 documentation (Caristi couJd not recalJ exactW what middotdocumentation was prolidampd) Swindle ffisued Caristi a Traffic Wamingfor Excaeclacf Speed Umif and a UTe for Fail to Display Re9l_0n When -Swindle ~oaQbe~f MeBumeys vehicle he only asked for his driver lfsense and vehicle registration at no pgint did he ask for proof of insurance SVinltUe issued McBurney a Traffic Warning for Exceeded Speed Limit a7tlOmiddot and a UTe for -No Proof of Insuranoe When Swindle issued the lJTC to McBumey he linmedlatety explained to Swindle that he hed his proof of insurance- and -according to McBurney he proceeded to show it to Swindle through the sleeve In his wallet SwIndle GOntinued to issue the UTC even though McBumey said he possessed rus proof Gf insurance
During th~ stop Swindle requested Sergeant Gary Dawson his supervisor to come to the location to infoim him that one of thamp drtveFS was 8 fegisJator Swindle said to Dawson Im goIng to wrije- [McBurney] a warning and be nire Im going to strOke him cause I didnt see h~ insUlancecaro rll give hi ttuifticket warning for speed SWindle explained Im going to give [Carisb] I didnt seehis registratlor) so Im goi09 to stroke him for the- registration and give him a waming orspeed sinteln dQing lhat for [McBurney) (McBJJmey) Is nobelter than [C-l and [Cadsbl is no better 1han [McBurneYl so Im going to do the both the samemiddot Dawson nendad middotOK
The OIG reviewed Swindles in-ltar video Emd audio from a traffic stop before McBurneys on November 15 2012 and a traffic stop immediately following MCBurneys on November 19 2012
On November 15 2012 Swindle- cooducted a traffic stop on Alicia Whitworth for going 92 mph in a 7-0 mph zone while traveJng on Il)terstate 10 swtndIe asked for Whitworths driver li_cense vehkle Eeg is~tiQn ~(Id propf of Inso-tante Whitworth receiVed 8 Traffic Warning fur speeding and a UTe for -No ProOf or Insurance and middotSafety Belt V~atlonmiddot When issuing the UTCs Swindle explained to Whitworth that her-m5tJr8oce card was not valid yet and that he did not see her wearihg 8 ~ Swindte loki WhitWorth that he was cutting her a break- by issuing two non-molling UTCs
On November 19 2012 subsequent to McBurneys Swindle oonducted a traffic stop on Representative Michael euroielland on Jnterstate 10 in Madison COunty for gojng 67 mph in a 70 mph zone SWind~ only asked for CJellands driver license at no point did he ask for vehicle regiStration or procil of Insunanca Swindle Issuad Clelland a Traffic Warning for Exceeded
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OepaTfment of Highway Safety and Motor Vehicles Office of Inspector General ~
Speed Limlt87f70 and a UTe lor No Proof of Insurance and Fail 10 DIsplay Registration When SWIndle Issuedmiddot the UTCs t Clelland he Immediately explained to Swindle that he had such proof SwTnd~ continued toissue the UTCs even though Clelland said he possessed both his vehicle registration and proof ofinsurence
eonce~ McBurneys traffic amptop in his lnteMeW Swindle did not want to Issue a UTe for ~ng $rid iVas ~ng tomiddotbe nicemiddotana CtJI him break SWIndle explained that he thought he asked for McBomeys proof of Psural)C6 ~ if he ~Id have provided his proof of Insurance he would have voided the UTe and issued a wam1ng for speed even though McBurney old Swindle he had his proof of insurance
When dfstUsslng the trtlffic stops Swindleexplained that he either forgot or middotthought he did ask for vehicle registranon andor proof of insurance Accordingto Swindle he was 4cutting breaksmiddot by issuing the non-moving UTCs Swindle acknowfedged that it is not appropriate to write a UTe for not having whlcle regfstration middotor proof of Insurance when the peTS0n has such proof Swindle said he dues not feel that he ~s to iSSUe the UTC once it has been written and understands that a UTe can be vokied
Based 00 the evidence and swom statemerits associated with this investigation the allegation that Trooper Charles Swindle improperly issued a traffic citation is classified as SUSTAINED
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middot ~
z
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Depadmenl of Highway Sirfey and MQjor Vehicles OffIce of J~or Genetai
)
he ask for proof of insuraoce Swindle iss-led McBurney a Traffic WarnIng for speeding and is~ a mc for nQ proof of inSurancs MeBJmeyadVISed SWindle iRal he did nol as( for proof of Insurance and proceeded to show S_Windle such proof Swind~ then gave him the option of paYing $250 forspelOd)ng or$10 for noproof of iuranee
A COPY of ~Tra~iC Wamjng dated Novem~1 19 2012 tssued to McBtlmey was r-evieYed and s howed 1haI Tfilffic W~ tor ~_ Speed LIm~ 8mf was issU(gtd (Extilgt1t2) fA copy oHM UTe (ffi71ANJR) dated Nber 19 2012 isslHlltf III oIcBumey was reviewed and IhowlKflhat a UTCmiddotforNo Proof of Insurance waslssued (Exhibit 3) SWindles notes staled wID blk toy car 81(lO no prOOf of ins 1 passenger oul$lde loemiddotfoIIoWing bull blllt toy pu no reason middotfor speed
A copy 6fthe Traffic-Warning dated November 19 2012 iSSloed to $~vel)6aristithe v~blcle tra~ling in front of yencBllmey was eaewed and Showed that a waming for middotmiddotExceeded Speed Umit _issued (Exhulj 4) A copy of lite UT-C (1570-WJR) dated Nomber 19 2012 issued to Qaristi was relliewed and showed that a UTe for Fall to OiSpl8y Reg_on was Issued (Exhibit ~) SWindles __ WIb blk toy pu 8mO failed middot10 DISplay a reg 0 _oroutsidelane headed to _ Ielding a bIlt toy per
ReiVi~ of ampwjndles in-car video and audio exhibit 8) lfIV681ed the following about the traffic stop on November 192012
bull 101321- SwiodIe Initiated a traffic stop on a black Toyota pickup truck and a black Toyota car
bull P4~~- 6yentind)e approacbed the bIacIlt ToYta pickup ruck flrsI Carfstrs vehicle SWindle introduced hlmH3ff and e~oed ~ euroarfsti that the r~n he was stopped was ~cause be antl1he ~hiCle behind tummiddotwere Qocked going 81 mph in 8 7() mph ZQn8 Csmiddotristi handed SWIildIe documentation
bull middot10 15~ SWindle _cIledlha black Toyota Ii McBurneys vehIGIe SWindle lntrodilcented h1inoeff and aSked for Mcllumeys driver lios_ 8ld reglsi(ltion SWindle e~ toMceumeymiddottlie _ why h and the vehicle in front ofhim wele Slopped McBurney said to SWindle had IfoQ QJise control Theres no way I was going 67 I hadjt~on 75middot SWindle asked if McBurney was a-leglsfator ~ tf he was wfth the House or~nate
bull 10f8~12- Swindle called forSeQeantGmy DaNSOn his sUR8rvtsor bull 1020middot26- SWindle told DaWson that one of the middotndlviduals was a legislator Swindle
explained to Dawson th$tmiddothe was- going to seMt M~y amp ~mlng beciluse he was on CarJstis bumper Dawson said We aini getliff no pay raises anywaysmiddot
bull 1-021middot21 - Swlnde 8gtplalned tq Dawson -Im going to write [McBumey a warning and be nice Im going to middotstrpke him cause I didnt see hi8 insurance card 10 give him that 6cketwamlng for speed SWindle further explained middot jm going to 9[ve (cartsb1 I dIdnt see his registratipn~so rm ~ng bstroke oim fpr th~ registration middotand gtve him a walllill9 for ~middotsinoe Im doing lhaffor[McBorney] [McBurney] Is no beIter han (CaristJl nd [Caris1I] IS no bett-lhan [McBurney] so Im going 10 do the both the same Dawson said OK
bull 102middot1~43- Swindle said to Dawson 1wanted you to knowmiddotwhaf s going on just in case bull 162949- SWindIO approached CaAslfsvehicie again and explained that lt1e indiVIdual
driving the Ie behind him _ a state legislator and lhat he was cu1tiog [MCBwney a break on the speed he aiht no better than youmiddot SWihdle explained to
20120amp28
Departm-nfof HIghway l)afety and Motor Vehicles OffiCe of flispectQr Genra
Caltisli that amp1 iraquodid not see hiS reg_on he WBSgoing tgiVe him a UTe for not h_g proof of RogisbaIion SWIndle explained 1o Caristi tbal ha waadoif)g the same for McBurney
bull 1QS122- Swindleappr_ MciBiJITie(a leigtlltile againmiddot and ltgtXplalned that he was not going to give him 8 UTe for speed bytslnq hE -did npi see his proof of insurance he wa$ -going to Jssue a $10 UTe fur no proof of insurance McBurney asked if Swmdle wanted his proof Of insurance Swindle wid McBurnay that he already issued the UTC and McBumey further expfalried that he had proof of Insurance and that-he did not hear Swindle ask for such proof SWindJe told McBurney ~If I give you that I cant giVe you this tiCket and Ilf give you a speeding ticket m cutting you a break on this one Swindle loid McBurney he gve Caotr~ saine break
The DIG reviewed Swindles in-caf video alld alldtO from a trafflc stQP before McBurneys on N_mber 15 2012 (Exhibit 7) and a _ stop immediately folloWing McBurneys on Nol8ll1ber 1~ 2012 (Exhibit 8)
On Ndvemlgter 15 2012 Swindle conducted a _ SlOp on Alicia Whitwodh for going 92 mph if) ~ 70 mph zona wIiltrtJavellng on I_a1Q SwindJe asksl for Whitworth driver license vehic1~ regtstraoon -and proof of insurance -WftttWerth receivscta TraffIC Wamifig for speeding and a UTCfor -NO PrOof Of tnsurance- and ~Safety Ben V1~tiOn middot When IssJing the UTCs to Whjfworth Swindle explar)ed ~t her ifJstlJW10e card was not valid yenetahd that he did not see ~ar ~ng __ inlet1lJgtted SWindie add SwindlUlaid LJgtlen-to m~ both of these are flOfIOOWlg viOlations with np RG~ would yenOU raQler have two non-moVing lIioatio(lS 9rthaJ bigopeeding ticJlt~rr ~WIlitWltgtdh WiIstalking rO SwiJidle he said Yoo want th~ ticketiS that wfiat youreteJling ma Im Ifying to cut youa break here Swindle middottold Whitworth DonHaka _taga of my hospitality and kick it back up Yon may not get another Trooperthats so lenientmiddot
On NovemOOr 19 2012 SWin~le conducted a traffjqs1op on Representative Michael CleUandfor going 87 mph In a 70 mphzoR8 while traveling on Interstate 1Q SWind~ asked for Clellaod~s driVer ribense Clelland reoeived a Traffic Warning for spltredlng and a UTe for No Proof of Insuf3Ilw and FaH to Display Registration Swindle told Cleliand From one firefighter to another Im cutting you a break- When Swindle was issutng the UTCs Cfafland interrupted Swindle and said 1 have them Swindle oontin~d to expiain thJrt the two UTes are nonshymovjng vioJations and there Will be no poInts on his dJiVer license Swindle explained kI CJelland th~ he has 30 days to make copies of the documents I dI~nt seemiddot and mail them to the derks pffice SWindle said middot50 basicany y_ou take care of it thatmiddot way and yotire getting a wamngmiddotfor ampPeed today
RepresentattveCharies ~cBurney Complainant
On Decomber 10 2 01 2 S_ifJsberg conducted a diglfally recoiltled sworn iritafliew with McB4fT18yat his law offlce in Jaeksanville Flprida Royster was also present for the interview ThefoUowlng is a synopsis-of McBumeysstatement which contains paraphrasing
Page 3 of S
Dtipaitmelitof HigliwY Safety nd Motor Vehicles Office oflhSpeetbr Gene
_mermiddotand his wife DebQrah McBumer were traveling from jacksonville to Tallahassee on NOVember 19 201-2 for the Organizations1 Session of the House of Representativeamp when he was stopped On Inte- 10 with anolher _ middottraveling in front of him SwindleapproaOhed middotthe ffrst vehiete (Caris1is vehfcle) and then approached McElurn$fs vehicle Swindle asked McBurney where he was gomg to the efedt why was he going 87 mph MeEJumey explained that his cru~ control ~ se(to either 74 mph or 75 mph arid tfIat he was not going 87 mph Swindle theoasked lor McBurneys d~r IJceftSe and regiStration at no point-did Swindle ask for his proof of iRsurance
$wind applOJictTeli McBwneys vehicle again and gave him a Traffic Warning for ~Ing and middot8- UTe for no proof of insllntfIGe McBurney told Swindle Trooper you didnt ask me for proor -of insurarlCe you asked for I~nse and registration card McBurney then showed SwiDdls through the sleeve in his waUet his proof of insurance~ Acoording to McBomey SwincUe told him that he had a choke of paying $10 for no proof of insurance or $250 for speeding
Deborah McBurny~ Pas$engw
OnDeoember 1Q 2012 Sotlweinsbe1l cxgtnducte a digitally recorded sworn Interview with DeQorah McBurney at Mandarin Oaks E1emerttaty Schoolin Jacksomlle Florida Royster was also preseAt fer the interview The followfng Is a synopsis of MeBumeys statement which contalns lgtflIPhras1ng
As a passenger D McBurney was1raveling on Int~nrtate 10 to Tallaha~ on November 19 2012 with Irr husband C MgBumey As tIrltgt _1cIe tn front of thalrswas being pulled over Swindlemiddot SIgr1ated them to pull (Wer When SwindlE approached their vehidamp he explained that ~y we~ puBed 0V8f forgoing -8-7 mph O McBurney-explained to Swindle- that She would neft let C tkSutney drive thatfast AccOrding to D MeBumBY Swindle asked for their registration and diCl-notask fOf proof-ef insurance
SwifKile ~[t)8ched their yehicle again ana explained that h~ was gMng C Mc8umey a UTe formiddotnot showing proof ofin~urance O~ McBlUlley eXgtlained that C McBurney told Swlndle that he dld notask for proof of ~UrfUlce Bhd that he had his proof of Insurance SwIndle then asked C McBurney if ha wanted ttle $200 spaeding ticket D McBumey explained that Swndle was wheeling and dealing- with them
Steven CarlsU Cftizen
On Deeember 14 2Q12 lnspector Christopher Cri~ oonductoo a dig-ltalry recor~ sworn interview with Steven Caristi at h~ ~i$nee in Port St John RoOOa The fdUowing is 8
synopsis of CarMis statement WhiCh contains paraphrasing
Caristi was tTaveUng to Tallahassee on November 19 2012 when he was stopped on Interstate 10 with another iMide travefmg behlnd him According to Caris-ti Swindle approached his vehtcle and asked where he was going C8riSti could not recalL which documents Swindle asked for and saId -I think I did hand him a registration but I think I handed him a registration that was out of date
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Department of HlghwY Safety a Motor VehIcles OffiCe of In-spector General
AccorltflOg tp Caristi Swindle middottook the documents to his patrol car aAd returned and explained that his ~on was expired and then went baCk to his patroJ Car SwindJe approached CarisHs vehicle aga1n and explained that he was giving him a Traffic Warning for speedlng and a UTe for not ha-gtinga regisbatiOn
(otG-Note-ln a telepho~ cenversation with Cansti~ he explained that he was pulled over twice In the past roonth aod it appears that -he mlgbt be confusing the -two middottraffic stop$ The in-G8r video aOO audio shows ~ Caisti handed Swind~ documentation and Swindle did not ask CaOstl ~r specifiC documentation SWirkHe told DaW$On that he did not see Caristis reglstiatkm Additionally Swindle only approached Carlstrs vehicle- twice and dKl nQt discuss an expired registratkm)
Representative Michael Clelland Citizen
On Qecei1)ber 13 2012 lnSpeltor CMlttopher Cribbs conducted a digItally reoorded sworn intervieW wi1h Clelland at bjs law offce in -Orlando Floffda The foKowirig Is a synopSis af Cieuartd -lameJ)t wIllcl1 comaino parapblll$ing
GJslland -was 1raveling to middotTallahassee on November 19 2012 for the Organizational Session of the House of Repoiseritatives when he was stopped on hJterstate 10 Swindle agproachmiddoted C_nd vQhicle BsIed for his driver license and asked why he _ In a hurry beca he clocllted him going 81 mph Clelland explained Id middotSwindle that he was newly elected to he JegiSlature and that he was on his WflY to the capitol SWindle did notmiddotmiddotask for Clellands vehiele registration or proof ofinslJrance
SWindle approached Clellands-- vahlde again and asked who was a fire fighter arid CIeJland expliQed to Swindle that he )$8 retired fit ligAter Swindle lold him ramona fire fighter to another he was going to me him UTCs for falllflEl to producemiddot insurance and registration Clellenj _lained that he tolq SWIndle he hed bOth of thosamp documens but Swindle oept explaining how to ndle he UTCs CIeIlatid fe~ that Swinltlle was shng proleltsiOflal coortesymiddot by lssuing two non-movihg vlolatiQns
Charles Swindl Troope Florida Highway Patrol
On Deeember 26 2012 Schweinsberg conducted a digitally recorded swom interview with Swincjla at he OffIce 01 Inspector GerwaJ In TUah8ssee Florida Royster was afro present during the interview The folloWing Is a synopsis of Swindles statement which contains paraphrasing
Swindle has been e~yed With FHP for approximately six and one haft years Swindle was working regolarmiddotdutymiddot-on November 19 middot2012 In Madison COunty
While conducting radar on Inte$te 10 westbound Swindle clocked Caristi going 87 mph and then clocked McBurney going 67 mph When asked why he did not ask for Caristis vehicle
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middotmiddot Department of HIghwaY lafaty and Motor V htcles
Office ofIns~ctor GenetaJ D
regi_ SWindle lhought he asIltgtI ~ Caristi was the regis1eredawner of the vehicle and -dOe$ rfGttemember what doCUments C-artsUhancled him during the traffJC stop
When asked wily he dId not ask tolt McBurneys proof of insurance Swindle said I thought I did um J know J asked for his registration but apparently 1 didnt say proof of insurance at tnat point- Me watching thQ in-ltarvkleo Swindle said there-was traffic going by and he oould not hear if he asked fOl proof or Insurance When asked if he might hat6 asked for McBumeys proof of Hlsurance Swindle explained-that when he conducts a-traffic stop he introduces himself and explains why the person fs being stbpped asks for driver license asks the middotreason for the speedi asks if the driver is the- registered owner of the vehi and asks for veblcte registration afcent proof of insurance
Whenmiddot asked why he- didntal~w McBurney-_to- give him proof of insurance when he was tssving the UTe Swlnole said I wa honestly just trying to be rote and cllt him a break I mean ihafs the reason why I was tJying to ba nlee SWindle explained that WgtI~ woukl have provided his-proofofJnsurance hewoJiid have fol ded the LITe and issued a warnIng for speed hnwever middota~ihg to SWindle McBurney never shoWed his proofof insurance Evell though McBurney tokl Swindle he had his proof of illSUIllllco SWindle explained that he did oot want to issue a uTe for speeding and does not know why he did not have McBurney show his proof of insumnce
Reg~nfing the- traffic stop middotwittr WhitWorth when asked why he did not initially discuss her Geatbett SWindle explained that- he did not see be-r wearing a seatbelt and forgot to ask about it because they were discussing her iosJrance andspaed When asked if he would be able to proye Whitwortl) did not have a seatbeft on SWfnd~ explained thatmiddot he dld not see her seatbe1t and -she saki she had it 00 lccordlrgtg to Swindle he likes to _Ie Instead of always enfogtclng end triad to GOtWhitwoltth a break
Rllarltiing the traffic stop wtth Clelland when nwas explained that he did not ask for his vehicle registration or proof ofmsurance Swindle said I totally forgot to ask for them on that one Swindle expIailled that unHI he watched tile in-car video he ltlid not ~alize he dkl not ask for C~s vehici~ registration and proof of insurance When tt was explained tbat he issued UTCs when he did nQt ask -for 61eJ1ancts vetUde reg~ation and proof of insurance Swindle saki When 1 stopped him I thOtlght I ask~ forij and he didnt have it I forgot totally about askJ11Q for it Swindle saId that he did not rememOeJ CJelland telling him he had such proof and eiplained tba1 he wears an earpiece and it Is sometimes hard to hear
SWindle QXplaiOed that he notified Dawson about McBumeys-traffic stop because Dawson was close and wanted him to know he stopped a legislator Swindle- did not notify Dawson about Clenands traffic stop becauae he thought Dawsdn was at a traffIC stop According to Swindle hedoes not want hisSergeant to be bllndsided
When It was explainacfto SWindle middotthat he is not asking for certain items ~vehlcle registration and proof oJ ihSurance) however heissues UTCs for not Ilaving those items
J It appears that he is
ta1king peopkl into taking a non-movng UTe jnstead of a speeding UTCt
Swindle said rrhafs not the way [ mean tolt it Im JOSl trying to cut them breaks I mean Im I dont I cant SSY anything else about it Im oottrying to fo_them 10 take any tickets If I wasdoing that Id just wrife everybody middots~lng tickets and cut no )reaks Swindle acknowledged that It is not appt0priate 10 wrtte a UTe for not having vehicle registration OT proof of insurance when the
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Department If Higlw~y safety and Motor Vehlcles Office oflnspeelDr General
person has such proof According to Swindle he does not fee that he has to Issue the UTe OIlC8 it has been wrftlen ahd uoderstancfsthat a UTe can be voided
On November 1920middot12 around 101middot3 AM Trooper Charles Swlndle conducted a traffic stop on Steven ClIrisii and RepiBseRtatlile ChaHes McIlumay on middotInterstate 10 in Madison County for going 87 mph in a 70 mph 2One
When SWindle spproached Garisfis vehjcle he did not ask for driver fieense vehicle registration or proof of insurance bowever Caristi provided Swindle Wffi1 documentation (Caristi couJd not recalJ exactW what middotdocumentation was prolidampd) Swindle ffisued Caristi a Traffic Wamingfor Excaeclacf Speed Umif and a UTe for Fail to Display Re9l_0n When -Swindle ~oaQbe~f MeBumeys vehicle he only asked for his driver lfsense and vehicle registration at no pgint did he ask for proof of insurance SVinltUe issued McBurney a Traffic Warning for Exceeded Speed Limit a7tlOmiddot and a UTe for -No Proof of Insuranoe When Swindle issued the lJTC to McBumey he linmedlatety explained to Swindle that he hed his proof of insurance- and -according to McBurney he proceeded to show it to Swindle through the sleeve In his wallet SwIndle GOntinued to issue the UTC even though McBumey said he possessed rus proof Gf insurance
During th~ stop Swindle requested Sergeant Gary Dawson his supervisor to come to the location to infoim him that one of thamp drtveFS was 8 fegisJator Swindle said to Dawson Im goIng to wrije- [McBurney] a warning and be nire Im going to strOke him cause I didnt see h~ insUlancecaro rll give hi ttuifticket warning for speed SWindle explained Im going to give [Carisb] I didnt seehis registratlor) so Im goi09 to stroke him for the- registration and give him a waming orspeed sinteln dQing lhat for [McBurney) (McBJJmey) Is nobelter than [C-l and [Cadsbl is no better 1han [McBurneYl so Im going to do the both the samemiddot Dawson nendad middotOK
The OIG reviewed Swindles in-ltar video Emd audio from a traffic stop before McBurneys on November 15 2012 and a traffic stop immediately following MCBurneys on November 19 2012
On November 15 2012 Swindle- cooducted a traffic stop on Alicia Whitworth for going 92 mph in a 7-0 mph zone while traveJng on Il)terstate 10 swtndIe asked for Whitworths driver li_cense vehkle Eeg is~tiQn ~(Id propf of Inso-tante Whitworth receiVed 8 Traffic Warning fur speeding and a UTe for -No ProOf or Insurance and middotSafety Belt V~atlonmiddot When issuing the UTCs Swindle explained to Whitworth that her-m5tJr8oce card was not valid yet and that he did not see her wearihg 8 ~ Swindte loki WhitWorth that he was cutting her a break- by issuing two non-molling UTCs
On November 19 2012 subsequent to McBurneys Swindle oonducted a traffic stop on Representative Michael euroielland on Jnterstate 10 in Madison COunty for gojng 67 mph in a 70 mph zone SWind~ only asked for CJellands driver license at no point did he ask for vehicle regiStration or procil of Insunanca Swindle Issuad Clelland a Traffic Warning for Exceeded
20120628 PagA 7 ofB
OepaTfment of Highway Safety and Motor Vehicles Office of Inspector General ~
Speed Limlt87f70 and a UTe lor No Proof of Insurance and Fail 10 DIsplay Registration When SWIndle Issuedmiddot the UTCs t Clelland he Immediately explained to Swindle that he had such proof SwTnd~ continued toissue the UTCs even though Clelland said he possessed both his vehicle registration and proof ofinsurence
eonce~ McBurneys traffic amptop in his lnteMeW Swindle did not want to Issue a UTe for ~ng $rid iVas ~ng tomiddotbe nicemiddotana CtJI him break SWIndle explained that he thought he asked for McBomeys proof of Psural)C6 ~ if he ~Id have provided his proof of Insurance he would have voided the UTe and issued a wam1ng for speed even though McBurney old Swindle he had his proof of insurance
When dfstUsslng the trtlffic stops Swindleexplained that he either forgot or middotthought he did ask for vehicle registranon andor proof of insurance Accordingto Swindle he was 4cutting breaksmiddot by issuing the non-moving UTCs Swindle acknowfedged that it is not appropriate to write a UTe for not having whlcle regfstration middotor proof of Insurance when the peTS0n has such proof Swindle said he dues not feel that he ~s to iSSUe the UTC once it has been written and understands that a UTe can be vokied
Based 00 the evidence and swom statemerits associated with this investigation the allegation that Trooper Charles Swindle improperly issued a traffic citation is classified as SUSTAINED
Page 8of8
middot ~
z
~ ~~ bull
Departm-nfof HIghway l)afety and Motor Vehicles OffiCe of flispectQr Genra
Caltisli that amp1 iraquodid not see hiS reg_on he WBSgoing tgiVe him a UTe for not h_g proof of RogisbaIion SWIndle explained 1o Caristi tbal ha waadoif)g the same for McBurney
bull 1QS122- Swindleappr_ MciBiJITie(a leigtlltile againmiddot and ltgtXplalned that he was not going to give him 8 UTe for speed bytslnq hE -did npi see his proof of insurance he wa$ -going to Jssue a $10 UTe fur no proof of insurance McBurney asked if Swmdle wanted his proof Of insurance Swindle wid McBurnay that he already issued the UTC and McBumey further expfalried that he had proof of Insurance and that-he did not hear Swindle ask for such proof SWindJe told McBurney ~If I give you that I cant giVe you this tiCket and Ilf give you a speeding ticket m cutting you a break on this one Swindle loid McBurney he gve Caotr~ saine break
The DIG reviewed Swindles in-caf video alld alldtO from a trafflc stQP before McBurneys on N_mber 15 2012 (Exhibit 7) and a _ stop immediately folloWing McBurneys on Nol8ll1ber 1~ 2012 (Exhibit 8)
On Ndvemlgter 15 2012 Swindle conducted a _ SlOp on Alicia Whitwodh for going 92 mph if) ~ 70 mph zona wIiltrtJavellng on I_a1Q SwindJe asksl for Whitworth driver license vehic1~ regtstraoon -and proof of insurance -WftttWerth receivscta TraffIC Wamifig for speeding and a UTCfor -NO PrOof Of tnsurance- and ~Safety Ben V1~tiOn middot When IssJing the UTCs to Whjfworth Swindle explar)ed ~t her ifJstlJW10e card was not valid yenetahd that he did not see ~ar ~ng __ inlet1lJgtted SWindie add SwindlUlaid LJgtlen-to m~ both of these are flOfIOOWlg viOlations with np RG~ would yenOU raQler have two non-moVing lIioatio(lS 9rthaJ bigopeeding ticJlt~rr ~WIlitWltgtdh WiIstalking rO SwiJidle he said Yoo want th~ ticketiS that wfiat youreteJling ma Im Ifying to cut youa break here Swindle middottold Whitworth DonHaka _taga of my hospitality and kick it back up Yon may not get another Trooperthats so lenientmiddot
On NovemOOr 19 2012 SWin~le conducted a traffjqs1op on Representative Michael CleUandfor going 87 mph In a 70 mphzoR8 while traveling on Interstate 1Q SWind~ asked for Clellaod~s driVer ribense Clelland reoeived a Traffic Warning for spltredlng and a UTe for No Proof of Insuf3Ilw and FaH to Display Registration Swindle told Cleliand From one firefighter to another Im cutting you a break- When Swindle was issutng the UTCs Cfafland interrupted Swindle and said 1 have them Swindle oontin~d to expiain thJrt the two UTes are nonshymovjng vioJations and there Will be no poInts on his dJiVer license Swindle explained kI CJelland th~ he has 30 days to make copies of the documents I dI~nt seemiddot and mail them to the derks pffice SWindle said middot50 basicany y_ou take care of it thatmiddot way and yotire getting a wamngmiddotfor ampPeed today
RepresentattveCharies ~cBurney Complainant
On Decomber 10 2 01 2 S_ifJsberg conducted a diglfally recoiltled sworn iritafliew with McB4fT18yat his law offlce in Jaeksanville Flprida Royster was also present for the interview ThefoUowlng is a synopsis-of McBumeysstatement which contains paraphrasing
Page 3 of S
Dtipaitmelitof HigliwY Safety nd Motor Vehicles Office oflhSpeetbr Gene
_mermiddotand his wife DebQrah McBumer were traveling from jacksonville to Tallahassee on NOVember 19 201-2 for the Organizations1 Session of the House of Representativeamp when he was stopped On Inte- 10 with anolher _ middottraveling in front of him SwindleapproaOhed middotthe ffrst vehiete (Caris1is vehfcle) and then approached McElurn$fs vehicle Swindle asked McBurney where he was gomg to the efedt why was he going 87 mph MeEJumey explained that his cru~ control ~ se(to either 74 mph or 75 mph arid tfIat he was not going 87 mph Swindle theoasked lor McBurneys d~r IJceftSe and regiStration at no point-did Swindle ask for his proof of iRsurance
$wind applOJictTeli McBwneys vehicle again and gave him a Traffic Warning for ~Ing and middot8- UTe for no proof of insllntfIGe McBurney told Swindle Trooper you didnt ask me for proor -of insurarlCe you asked for I~nse and registration card McBurney then showed SwiDdls through the sleeve in his waUet his proof of insurance~ Acoording to McBomey SwincUe told him that he had a choke of paying $10 for no proof of insurance or $250 for speeding
Deborah McBurny~ Pas$engw
OnDeoember 1Q 2012 Sotlweinsbe1l cxgtnducte a digitally recorded sworn Interview with DeQorah McBurney at Mandarin Oaks E1emerttaty Schoolin Jacksomlle Florida Royster was also preseAt fer the interview The followfng Is a synopsis of MeBumeys statement which contalns lgtflIPhras1ng
As a passenger D McBurney was1raveling on Int~nrtate 10 to Tallaha~ on November 19 2012 with Irr husband C MgBumey As tIrltgt _1cIe tn front of thalrswas being pulled over Swindlemiddot SIgr1ated them to pull (Wer When SwindlE approached their vehidamp he explained that ~y we~ puBed 0V8f forgoing -8-7 mph O McBurney-explained to Swindle- that She would neft let C tkSutney drive thatfast AccOrding to D MeBumBY Swindle asked for their registration and diCl-notask fOf proof-ef insurance
SwifKile ~[t)8ched their yehicle again ana explained that h~ was gMng C Mc8umey a UTe formiddotnot showing proof ofin~urance O~ McBlUlley eXgtlained that C McBurney told Swlndle that he dld notask for proof of ~UrfUlce Bhd that he had his proof of Insurance SwIndle then asked C McBurney if ha wanted ttle $200 spaeding ticket D McBumey explained that Swndle was wheeling and dealing- with them
Steven CarlsU Cftizen
On Deeember 14 2Q12 lnspector Christopher Cri~ oonductoo a dig-ltalry recor~ sworn interview with Steven Caristi at h~ ~i$nee in Port St John RoOOa The fdUowing is 8
synopsis of CarMis statement WhiCh contains paraphrasing
Caristi was tTaveUng to Tallahassee on November 19 2012 when he was stopped on Interstate 10 with another iMide travefmg behlnd him According to Caris-ti Swindle approached his vehtcle and asked where he was going C8riSti could not recalL which documents Swindle asked for and saId -I think I did hand him a registration but I think I handed him a registration that was out of date
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Department of HlghwY Safety a Motor VehIcles OffiCe of In-spector General
AccorltflOg tp Caristi Swindle middottook the documents to his patrol car aAd returned and explained that his ~on was expired and then went baCk to his patroJ Car SwindJe approached CarisHs vehicle aga1n and explained that he was giving him a Traffic Warning for speedlng and a UTe for not ha-gtinga regisbatiOn
(otG-Note-ln a telepho~ cenversation with Cansti~ he explained that he was pulled over twice In the past roonth aod it appears that -he mlgbt be confusing the -two middottraffic stop$ The in-G8r video aOO audio shows ~ Caisti handed Swind~ documentation and Swindle did not ask CaOstl ~r specifiC documentation SWirkHe told DaW$On that he did not see Caristis reglstiatkm Additionally Swindle only approached Carlstrs vehicle- twice and dKl nQt discuss an expired registratkm)
Representative Michael Clelland Citizen
On Qecei1)ber 13 2012 lnSpeltor CMlttopher Cribbs conducted a digItally reoorded sworn intervieW wi1h Clelland at bjs law offce in -Orlando Floffda The foKowirig Is a synopSis af Cieuartd -lameJ)t wIllcl1 comaino parapblll$ing
GJslland -was 1raveling to middotTallahassee on November 19 2012 for the Organizational Session of the House of Repoiseritatives when he was stopped on hJterstate 10 Swindle agproachmiddoted C_nd vQhicle BsIed for his driver license and asked why he _ In a hurry beca he clocllted him going 81 mph Clelland explained Id middotSwindle that he was newly elected to he JegiSlature and that he was on his WflY to the capitol SWindle did notmiddotmiddotask for Clellands vehiele registration or proof ofinslJrance
SWindle approached Clellands-- vahlde again and asked who was a fire fighter arid CIeJland expliQed to Swindle that he )$8 retired fit ligAter Swindle lold him ramona fire fighter to another he was going to me him UTCs for falllflEl to producemiddot insurance and registration Clellenj _lained that he tolq SWIndle he hed bOth of thosamp documens but Swindle oept explaining how to ndle he UTCs CIeIlatid fe~ that Swinltlle was shng proleltsiOflal coortesymiddot by lssuing two non-movihg vlolatiQns
Charles Swindl Troope Florida Highway Patrol
On Deeember 26 2012 Schweinsberg conducted a digitally recorded swom interview with Swincjla at he OffIce 01 Inspector GerwaJ In TUah8ssee Florida Royster was afro present during the interview The folloWing Is a synopsis of Swindles statement which contains paraphrasing
Swindle has been e~yed With FHP for approximately six and one haft years Swindle was working regolarmiddotdutymiddot-on November 19 middot2012 In Madison COunty
While conducting radar on Inte$te 10 westbound Swindle clocked Caristi going 87 mph and then clocked McBurney going 67 mph When asked why he did not ask for Caristis vehicle
20120628 Page5 01 8
middotmiddot Department of HIghwaY lafaty and Motor V htcles
Office ofIns~ctor GenetaJ D
regi_ SWindle lhought he asIltgtI ~ Caristi was the regis1eredawner of the vehicle and -dOe$ rfGttemember what doCUments C-artsUhancled him during the traffJC stop
When asked wily he dId not ask tolt McBurneys proof of insurance Swindle said I thought I did um J know J asked for his registration but apparently 1 didnt say proof of insurance at tnat point- Me watching thQ in-ltarvkleo Swindle said there-was traffic going by and he oould not hear if he asked fOl proof or Insurance When asked if he might hat6 asked for McBumeys proof of Hlsurance Swindle explained-that when he conducts a-traffic stop he introduces himself and explains why the person fs being stbpped asks for driver license asks the middotreason for the speedi asks if the driver is the- registered owner of the vehi and asks for veblcte registration afcent proof of insurance
Whenmiddot asked why he- didntal~w McBurney-_to- give him proof of insurance when he was tssving the UTe Swlnole said I wa honestly just trying to be rote and cllt him a break I mean ihafs the reason why I was tJying to ba nlee SWindle explained that WgtI~ woukl have provided his-proofofJnsurance hewoJiid have fol ded the LITe and issued a warnIng for speed hnwever middota~ihg to SWindle McBurney never shoWed his proofof insurance Evell though McBurney tokl Swindle he had his proof of illSUIllllco SWindle explained that he did oot want to issue a uTe for speeding and does not know why he did not have McBurney show his proof of insumnce
Reg~nfing the- traffic stop middotwittr WhitWorth when asked why he did not initially discuss her Geatbett SWindle explained that- he did not see be-r wearing a seatbelt and forgot to ask about it because they were discussing her iosJrance andspaed When asked if he would be able to proye Whitwortl) did not have a seatbeft on SWfnd~ explained thatmiddot he dld not see her seatbe1t and -she saki she had it 00 lccordlrgtg to Swindle he likes to _Ie Instead of always enfogtclng end triad to GOtWhitwoltth a break
Rllarltiing the traffic stop wtth Clelland when nwas explained that he did not ask for his vehicle registration or proof ofmsurance Swindle said I totally forgot to ask for them on that one Swindle expIailled that unHI he watched tile in-car video he ltlid not ~alize he dkl not ask for C~s vehici~ registration and proof of insurance When tt was explained tbat he issued UTCs when he did nQt ask -for 61eJ1ancts vetUde reg~ation and proof of insurance Swindle saki When 1 stopped him I thOtlght I ask~ forij and he didnt have it I forgot totally about askJ11Q for it Swindle saId that he did not rememOeJ CJelland telling him he had such proof and eiplained tba1 he wears an earpiece and it Is sometimes hard to hear
SWindle QXplaiOed that he notified Dawson about McBumeys-traffic stop because Dawson was close and wanted him to know he stopped a legislator Swindle- did not notify Dawson about Clenands traffic stop becauae he thought Dawsdn was at a traffIC stop According to Swindle hedoes not want hisSergeant to be bllndsided
When It was explainacfto SWindle middotthat he is not asking for certain items ~vehlcle registration and proof oJ ihSurance) however heissues UTCs for not Ilaving those items
J It appears that he is
ta1king peopkl into taking a non-movng UTe jnstead of a speeding UTCt
Swindle said rrhafs not the way [ mean tolt it Im JOSl trying to cut them breaks I mean Im I dont I cant SSY anything else about it Im oottrying to fo_them 10 take any tickets If I wasdoing that Id just wrife everybody middots~lng tickets and cut no )reaks Swindle acknowledged that It is not appt0priate 10 wrtte a UTe for not having vehicle registration OT proof of insurance when the
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Department If Higlw~y safety and Motor Vehlcles Office oflnspeelDr General
person has such proof According to Swindle he does not fee that he has to Issue the UTe OIlC8 it has been wrftlen ahd uoderstancfsthat a UTe can be voided
On November 1920middot12 around 101middot3 AM Trooper Charles Swlndle conducted a traffic stop on Steven ClIrisii and RepiBseRtatlile ChaHes McIlumay on middotInterstate 10 in Madison County for going 87 mph in a 70 mph 2One
When SWindle spproached Garisfis vehjcle he did not ask for driver fieense vehicle registration or proof of insurance bowever Caristi provided Swindle Wffi1 documentation (Caristi couJd not recalJ exactW what middotdocumentation was prolidampd) Swindle ffisued Caristi a Traffic Wamingfor Excaeclacf Speed Umif and a UTe for Fail to Display Re9l_0n When -Swindle ~oaQbe~f MeBumeys vehicle he only asked for his driver lfsense and vehicle registration at no pgint did he ask for proof of insurance SVinltUe issued McBurney a Traffic Warning for Exceeded Speed Limit a7tlOmiddot and a UTe for -No Proof of Insuranoe When Swindle issued the lJTC to McBumey he linmedlatety explained to Swindle that he hed his proof of insurance- and -according to McBurney he proceeded to show it to Swindle through the sleeve In his wallet SwIndle GOntinued to issue the UTC even though McBumey said he possessed rus proof Gf insurance
During th~ stop Swindle requested Sergeant Gary Dawson his supervisor to come to the location to infoim him that one of thamp drtveFS was 8 fegisJator Swindle said to Dawson Im goIng to wrije- [McBurney] a warning and be nire Im going to strOke him cause I didnt see h~ insUlancecaro rll give hi ttuifticket warning for speed SWindle explained Im going to give [Carisb] I didnt seehis registratlor) so Im goi09 to stroke him for the- registration and give him a waming orspeed sinteln dQing lhat for [McBurney) (McBJJmey) Is nobelter than [C-l and [Cadsbl is no better 1han [McBurneYl so Im going to do the both the samemiddot Dawson nendad middotOK
The OIG reviewed Swindles in-ltar video Emd audio from a traffic stop before McBurneys on November 15 2012 and a traffic stop immediately following MCBurneys on November 19 2012
On November 15 2012 Swindle- cooducted a traffic stop on Alicia Whitworth for going 92 mph in a 7-0 mph zone while traveJng on Il)terstate 10 swtndIe asked for Whitworths driver li_cense vehkle Eeg is~tiQn ~(Id propf of Inso-tante Whitworth receiVed 8 Traffic Warning fur speeding and a UTe for -No ProOf or Insurance and middotSafety Belt V~atlonmiddot When issuing the UTCs Swindle explained to Whitworth that her-m5tJr8oce card was not valid yet and that he did not see her wearihg 8 ~ Swindte loki WhitWorth that he was cutting her a break- by issuing two non-molling UTCs
On November 19 2012 subsequent to McBurneys Swindle oonducted a traffic stop on Representative Michael euroielland on Jnterstate 10 in Madison COunty for gojng 67 mph in a 70 mph zone SWind~ only asked for CJellands driver license at no point did he ask for vehicle regiStration or procil of Insunanca Swindle Issuad Clelland a Traffic Warning for Exceeded
20120628 PagA 7 ofB
OepaTfment of Highway Safety and Motor Vehicles Office of Inspector General ~
Speed Limlt87f70 and a UTe lor No Proof of Insurance and Fail 10 DIsplay Registration When SWIndle Issuedmiddot the UTCs t Clelland he Immediately explained to Swindle that he had such proof SwTnd~ continued toissue the UTCs even though Clelland said he possessed both his vehicle registration and proof ofinsurence
eonce~ McBurneys traffic amptop in his lnteMeW Swindle did not want to Issue a UTe for ~ng $rid iVas ~ng tomiddotbe nicemiddotana CtJI him break SWIndle explained that he thought he asked for McBomeys proof of Psural)C6 ~ if he ~Id have provided his proof of Insurance he would have voided the UTe and issued a wam1ng for speed even though McBurney old Swindle he had his proof of insurance
When dfstUsslng the trtlffic stops Swindleexplained that he either forgot or middotthought he did ask for vehicle registranon andor proof of insurance Accordingto Swindle he was 4cutting breaksmiddot by issuing the non-moving UTCs Swindle acknowfedged that it is not appropriate to write a UTe for not having whlcle regfstration middotor proof of Insurance when the peTS0n has such proof Swindle said he dues not feel that he ~s to iSSUe the UTC once it has been written and understands that a UTe can be vokied
Based 00 the evidence and swom statemerits associated with this investigation the allegation that Trooper Charles Swindle improperly issued a traffic citation is classified as SUSTAINED
Page 8of8
middot ~
z
~ ~~ bull
Dtipaitmelitof HigliwY Safety nd Motor Vehicles Office oflhSpeetbr Gene
_mermiddotand his wife DebQrah McBumer were traveling from jacksonville to Tallahassee on NOVember 19 201-2 for the Organizations1 Session of the House of Representativeamp when he was stopped On Inte- 10 with anolher _ middottraveling in front of him SwindleapproaOhed middotthe ffrst vehiete (Caris1is vehfcle) and then approached McElurn$fs vehicle Swindle asked McBurney where he was gomg to the efedt why was he going 87 mph MeEJumey explained that his cru~ control ~ se(to either 74 mph or 75 mph arid tfIat he was not going 87 mph Swindle theoasked lor McBurneys d~r IJceftSe and regiStration at no point-did Swindle ask for his proof of iRsurance
$wind applOJictTeli McBwneys vehicle again and gave him a Traffic Warning for ~Ing and middot8- UTe for no proof of insllntfIGe McBurney told Swindle Trooper you didnt ask me for proor -of insurarlCe you asked for I~nse and registration card McBurney then showed SwiDdls through the sleeve in his waUet his proof of insurance~ Acoording to McBomey SwincUe told him that he had a choke of paying $10 for no proof of insurance or $250 for speeding
Deborah McBurny~ Pas$engw
OnDeoember 1Q 2012 Sotlweinsbe1l cxgtnducte a digitally recorded sworn Interview with DeQorah McBurney at Mandarin Oaks E1emerttaty Schoolin Jacksomlle Florida Royster was also preseAt fer the interview The followfng Is a synopsis of MeBumeys statement which contalns lgtflIPhras1ng
As a passenger D McBurney was1raveling on Int~nrtate 10 to Tallaha~ on November 19 2012 with Irr husband C MgBumey As tIrltgt _1cIe tn front of thalrswas being pulled over Swindlemiddot SIgr1ated them to pull (Wer When SwindlE approached their vehidamp he explained that ~y we~ puBed 0V8f forgoing -8-7 mph O McBurney-explained to Swindle- that She would neft let C tkSutney drive thatfast AccOrding to D MeBumBY Swindle asked for their registration and diCl-notask fOf proof-ef insurance
SwifKile ~[t)8ched their yehicle again ana explained that h~ was gMng C Mc8umey a UTe formiddotnot showing proof ofin~urance O~ McBlUlley eXgtlained that C McBurney told Swlndle that he dld notask for proof of ~UrfUlce Bhd that he had his proof of Insurance SwIndle then asked C McBurney if ha wanted ttle $200 spaeding ticket D McBumey explained that Swndle was wheeling and dealing- with them
Steven CarlsU Cftizen
On Deeember 14 2Q12 lnspector Christopher Cri~ oonductoo a dig-ltalry recor~ sworn interview with Steven Caristi at h~ ~i$nee in Port St John RoOOa The fdUowing is 8
synopsis of CarMis statement WhiCh contains paraphrasing
Caristi was tTaveUng to Tallahassee on November 19 2012 when he was stopped on Interstate 10 with another iMide travefmg behlnd him According to Caris-ti Swindle approached his vehtcle and asked where he was going C8riSti could not recalL which documents Swindle asked for and saId -I think I did hand him a registration but I think I handed him a registration that was out of date
20120628 Page -401 8
Department of HlghwY Safety a Motor VehIcles OffiCe of In-spector General
AccorltflOg tp Caristi Swindle middottook the documents to his patrol car aAd returned and explained that his ~on was expired and then went baCk to his patroJ Car SwindJe approached CarisHs vehicle aga1n and explained that he was giving him a Traffic Warning for speedlng and a UTe for not ha-gtinga regisbatiOn
(otG-Note-ln a telepho~ cenversation with Cansti~ he explained that he was pulled over twice In the past roonth aod it appears that -he mlgbt be confusing the -two middottraffic stop$ The in-G8r video aOO audio shows ~ Caisti handed Swind~ documentation and Swindle did not ask CaOstl ~r specifiC documentation SWirkHe told DaW$On that he did not see Caristis reglstiatkm Additionally Swindle only approached Carlstrs vehicle- twice and dKl nQt discuss an expired registratkm)
Representative Michael Clelland Citizen
On Qecei1)ber 13 2012 lnSpeltor CMlttopher Cribbs conducted a digItally reoorded sworn intervieW wi1h Clelland at bjs law offce in -Orlando Floffda The foKowirig Is a synopSis af Cieuartd -lameJ)t wIllcl1 comaino parapblll$ing
GJslland -was 1raveling to middotTallahassee on November 19 2012 for the Organizational Session of the House of Repoiseritatives when he was stopped on hJterstate 10 Swindle agproachmiddoted C_nd vQhicle BsIed for his driver license and asked why he _ In a hurry beca he clocllted him going 81 mph Clelland explained Id middotSwindle that he was newly elected to he JegiSlature and that he was on his WflY to the capitol SWindle did notmiddotmiddotask for Clellands vehiele registration or proof ofinslJrance
SWindle approached Clellands-- vahlde again and asked who was a fire fighter arid CIeJland expliQed to Swindle that he )$8 retired fit ligAter Swindle lold him ramona fire fighter to another he was going to me him UTCs for falllflEl to producemiddot insurance and registration Clellenj _lained that he tolq SWIndle he hed bOth of thosamp documens but Swindle oept explaining how to ndle he UTCs CIeIlatid fe~ that Swinltlle was shng proleltsiOflal coortesymiddot by lssuing two non-movihg vlolatiQns
Charles Swindl Troope Florida Highway Patrol
On Deeember 26 2012 Schweinsberg conducted a digitally recorded swom interview with Swincjla at he OffIce 01 Inspector GerwaJ In TUah8ssee Florida Royster was afro present during the interview The folloWing Is a synopsis of Swindles statement which contains paraphrasing
Swindle has been e~yed With FHP for approximately six and one haft years Swindle was working regolarmiddotdutymiddot-on November 19 middot2012 In Madison COunty
While conducting radar on Inte$te 10 westbound Swindle clocked Caristi going 87 mph and then clocked McBurney going 67 mph When asked why he did not ask for Caristis vehicle
20120628 Page5 01 8
middotmiddot Department of HIghwaY lafaty and Motor V htcles
Office ofIns~ctor GenetaJ D
regi_ SWindle lhought he asIltgtI ~ Caristi was the regis1eredawner of the vehicle and -dOe$ rfGttemember what doCUments C-artsUhancled him during the traffJC stop
When asked wily he dId not ask tolt McBurneys proof of insurance Swindle said I thought I did um J know J asked for his registration but apparently 1 didnt say proof of insurance at tnat point- Me watching thQ in-ltarvkleo Swindle said there-was traffic going by and he oould not hear if he asked fOl proof or Insurance When asked if he might hat6 asked for McBumeys proof of Hlsurance Swindle explained-that when he conducts a-traffic stop he introduces himself and explains why the person fs being stbpped asks for driver license asks the middotreason for the speedi asks if the driver is the- registered owner of the vehi and asks for veblcte registration afcent proof of insurance
Whenmiddot asked why he- didntal~w McBurney-_to- give him proof of insurance when he was tssving the UTe Swlnole said I wa honestly just trying to be rote and cllt him a break I mean ihafs the reason why I was tJying to ba nlee SWindle explained that WgtI~ woukl have provided his-proofofJnsurance hewoJiid have fol ded the LITe and issued a warnIng for speed hnwever middota~ihg to SWindle McBurney never shoWed his proofof insurance Evell though McBurney tokl Swindle he had his proof of illSUIllllco SWindle explained that he did oot want to issue a uTe for speeding and does not know why he did not have McBurney show his proof of insumnce
Reg~nfing the- traffic stop middotwittr WhitWorth when asked why he did not initially discuss her Geatbett SWindle explained that- he did not see be-r wearing a seatbelt and forgot to ask about it because they were discussing her iosJrance andspaed When asked if he would be able to proye Whitwortl) did not have a seatbeft on SWfnd~ explained thatmiddot he dld not see her seatbe1t and -she saki she had it 00 lccordlrgtg to Swindle he likes to _Ie Instead of always enfogtclng end triad to GOtWhitwoltth a break
Rllarltiing the traffic stop wtth Clelland when nwas explained that he did not ask for his vehicle registration or proof ofmsurance Swindle said I totally forgot to ask for them on that one Swindle expIailled that unHI he watched tile in-car video he ltlid not ~alize he dkl not ask for C~s vehici~ registration and proof of insurance When tt was explained tbat he issued UTCs when he did nQt ask -for 61eJ1ancts vetUde reg~ation and proof of insurance Swindle saki When 1 stopped him I thOtlght I ask~ forij and he didnt have it I forgot totally about askJ11Q for it Swindle saId that he did not rememOeJ CJelland telling him he had such proof and eiplained tba1 he wears an earpiece and it Is sometimes hard to hear
SWindle QXplaiOed that he notified Dawson about McBumeys-traffic stop because Dawson was close and wanted him to know he stopped a legislator Swindle- did not notify Dawson about Clenands traffic stop becauae he thought Dawsdn was at a traffIC stop According to Swindle hedoes not want hisSergeant to be bllndsided
When It was explainacfto SWindle middotthat he is not asking for certain items ~vehlcle registration and proof oJ ihSurance) however heissues UTCs for not Ilaving those items
J It appears that he is
ta1king peopkl into taking a non-movng UTe jnstead of a speeding UTCt
Swindle said rrhafs not the way [ mean tolt it Im JOSl trying to cut them breaks I mean Im I dont I cant SSY anything else about it Im oottrying to fo_them 10 take any tickets If I wasdoing that Id just wrife everybody middots~lng tickets and cut no )reaks Swindle acknowledged that It is not appt0priate 10 wrtte a UTe for not having vehicle registration OT proof of insurance when the
20120628 Page-B 018
Department If Higlw~y safety and Motor Vehlcles Office oflnspeelDr General
person has such proof According to Swindle he does not fee that he has to Issue the UTe OIlC8 it has been wrftlen ahd uoderstancfsthat a UTe can be voided
On November 1920middot12 around 101middot3 AM Trooper Charles Swlndle conducted a traffic stop on Steven ClIrisii and RepiBseRtatlile ChaHes McIlumay on middotInterstate 10 in Madison County for going 87 mph in a 70 mph 2One
When SWindle spproached Garisfis vehjcle he did not ask for driver fieense vehicle registration or proof of insurance bowever Caristi provided Swindle Wffi1 documentation (Caristi couJd not recalJ exactW what middotdocumentation was prolidampd) Swindle ffisued Caristi a Traffic Wamingfor Excaeclacf Speed Umif and a UTe for Fail to Display Re9l_0n When -Swindle ~oaQbe~f MeBumeys vehicle he only asked for his driver lfsense and vehicle registration at no pgint did he ask for proof of insurance SVinltUe issued McBurney a Traffic Warning for Exceeded Speed Limit a7tlOmiddot and a UTe for -No Proof of Insuranoe When Swindle issued the lJTC to McBumey he linmedlatety explained to Swindle that he hed his proof of insurance- and -according to McBurney he proceeded to show it to Swindle through the sleeve In his wallet SwIndle GOntinued to issue the UTC even though McBumey said he possessed rus proof Gf insurance
During th~ stop Swindle requested Sergeant Gary Dawson his supervisor to come to the location to infoim him that one of thamp drtveFS was 8 fegisJator Swindle said to Dawson Im goIng to wrije- [McBurney] a warning and be nire Im going to strOke him cause I didnt see h~ insUlancecaro rll give hi ttuifticket warning for speed SWindle explained Im going to give [Carisb] I didnt seehis registratlor) so Im goi09 to stroke him for the- registration and give him a waming orspeed sinteln dQing lhat for [McBurney) (McBJJmey) Is nobelter than [C-l and [Cadsbl is no better 1han [McBurneYl so Im going to do the both the samemiddot Dawson nendad middotOK
The OIG reviewed Swindles in-ltar video Emd audio from a traffic stop before McBurneys on November 15 2012 and a traffic stop immediately following MCBurneys on November 19 2012
On November 15 2012 Swindle- cooducted a traffic stop on Alicia Whitworth for going 92 mph in a 7-0 mph zone while traveJng on Il)terstate 10 swtndIe asked for Whitworths driver li_cense vehkle Eeg is~tiQn ~(Id propf of Inso-tante Whitworth receiVed 8 Traffic Warning fur speeding and a UTe for -No ProOf or Insurance and middotSafety Belt V~atlonmiddot When issuing the UTCs Swindle explained to Whitworth that her-m5tJr8oce card was not valid yet and that he did not see her wearihg 8 ~ Swindte loki WhitWorth that he was cutting her a break- by issuing two non-molling UTCs
On November 19 2012 subsequent to McBurneys Swindle oonducted a traffic stop on Representative Michael euroielland on Jnterstate 10 in Madison COunty for gojng 67 mph in a 70 mph zone SWind~ only asked for CJellands driver license at no point did he ask for vehicle regiStration or procil of Insunanca Swindle Issuad Clelland a Traffic Warning for Exceeded
20120628 PagA 7 ofB
OepaTfment of Highway Safety and Motor Vehicles Office of Inspector General ~
Speed Limlt87f70 and a UTe lor No Proof of Insurance and Fail 10 DIsplay Registration When SWIndle Issuedmiddot the UTCs t Clelland he Immediately explained to Swindle that he had such proof SwTnd~ continued toissue the UTCs even though Clelland said he possessed both his vehicle registration and proof ofinsurence
eonce~ McBurneys traffic amptop in his lnteMeW Swindle did not want to Issue a UTe for ~ng $rid iVas ~ng tomiddotbe nicemiddotana CtJI him break SWIndle explained that he thought he asked for McBomeys proof of Psural)C6 ~ if he ~Id have provided his proof of Insurance he would have voided the UTe and issued a wam1ng for speed even though McBurney old Swindle he had his proof of insurance
When dfstUsslng the trtlffic stops Swindleexplained that he either forgot or middotthought he did ask for vehicle registranon andor proof of insurance Accordingto Swindle he was 4cutting breaksmiddot by issuing the non-moving UTCs Swindle acknowfedged that it is not appropriate to write a UTe for not having whlcle regfstration middotor proof of Insurance when the peTS0n has such proof Swindle said he dues not feel that he ~s to iSSUe the UTC once it has been written and understands that a UTe can be vokied
Based 00 the evidence and swom statemerits associated with this investigation the allegation that Trooper Charles Swindle improperly issued a traffic citation is classified as SUSTAINED
Page 8of8
middot ~
z
~ ~~ bull
Department of HlghwY Safety a Motor VehIcles OffiCe of In-spector General
AccorltflOg tp Caristi Swindle middottook the documents to his patrol car aAd returned and explained that his ~on was expired and then went baCk to his patroJ Car SwindJe approached CarisHs vehicle aga1n and explained that he was giving him a Traffic Warning for speedlng and a UTe for not ha-gtinga regisbatiOn
(otG-Note-ln a telepho~ cenversation with Cansti~ he explained that he was pulled over twice In the past roonth aod it appears that -he mlgbt be confusing the -two middottraffic stop$ The in-G8r video aOO audio shows ~ Caisti handed Swind~ documentation and Swindle did not ask CaOstl ~r specifiC documentation SWirkHe told DaW$On that he did not see Caristis reglstiatkm Additionally Swindle only approached Carlstrs vehicle- twice and dKl nQt discuss an expired registratkm)
Representative Michael Clelland Citizen
On Qecei1)ber 13 2012 lnSpeltor CMlttopher Cribbs conducted a digItally reoorded sworn intervieW wi1h Clelland at bjs law offce in -Orlando Floffda The foKowirig Is a synopSis af Cieuartd -lameJ)t wIllcl1 comaino parapblll$ing
GJslland -was 1raveling to middotTallahassee on November 19 2012 for the Organizational Session of the House of Repoiseritatives when he was stopped on hJterstate 10 Swindle agproachmiddoted C_nd vQhicle BsIed for his driver license and asked why he _ In a hurry beca he clocllted him going 81 mph Clelland explained Id middotSwindle that he was newly elected to he JegiSlature and that he was on his WflY to the capitol SWindle did notmiddotmiddotask for Clellands vehiele registration or proof ofinslJrance
SWindle approached Clellands-- vahlde again and asked who was a fire fighter arid CIeJland expliQed to Swindle that he )$8 retired fit ligAter Swindle lold him ramona fire fighter to another he was going to me him UTCs for falllflEl to producemiddot insurance and registration Clellenj _lained that he tolq SWIndle he hed bOth of thosamp documens but Swindle oept explaining how to ndle he UTCs CIeIlatid fe~ that Swinltlle was shng proleltsiOflal coortesymiddot by lssuing two non-movihg vlolatiQns
Charles Swindl Troope Florida Highway Patrol
On Deeember 26 2012 Schweinsberg conducted a digitally recorded swom interview with Swincjla at he OffIce 01 Inspector GerwaJ In TUah8ssee Florida Royster was afro present during the interview The folloWing Is a synopsis of Swindles statement which contains paraphrasing
Swindle has been e~yed With FHP for approximately six and one haft years Swindle was working regolarmiddotdutymiddot-on November 19 middot2012 In Madison COunty
While conducting radar on Inte$te 10 westbound Swindle clocked Caristi going 87 mph and then clocked McBurney going 67 mph When asked why he did not ask for Caristis vehicle
20120628 Page5 01 8
middotmiddot Department of HIghwaY lafaty and Motor V htcles
Office ofIns~ctor GenetaJ D
regi_ SWindle lhought he asIltgtI ~ Caristi was the regis1eredawner of the vehicle and -dOe$ rfGttemember what doCUments C-artsUhancled him during the traffJC stop
When asked wily he dId not ask tolt McBurneys proof of insurance Swindle said I thought I did um J know J asked for his registration but apparently 1 didnt say proof of insurance at tnat point- Me watching thQ in-ltarvkleo Swindle said there-was traffic going by and he oould not hear if he asked fOl proof or Insurance When asked if he might hat6 asked for McBumeys proof of Hlsurance Swindle explained-that when he conducts a-traffic stop he introduces himself and explains why the person fs being stbpped asks for driver license asks the middotreason for the speedi asks if the driver is the- registered owner of the vehi and asks for veblcte registration afcent proof of insurance
Whenmiddot asked why he- didntal~w McBurney-_to- give him proof of insurance when he was tssving the UTe Swlnole said I wa honestly just trying to be rote and cllt him a break I mean ihafs the reason why I was tJying to ba nlee SWindle explained that WgtI~ woukl have provided his-proofofJnsurance hewoJiid have fol ded the LITe and issued a warnIng for speed hnwever middota~ihg to SWindle McBurney never shoWed his proofof insurance Evell though McBurney tokl Swindle he had his proof of illSUIllllco SWindle explained that he did oot want to issue a uTe for speeding and does not know why he did not have McBurney show his proof of insumnce
Reg~nfing the- traffic stop middotwittr WhitWorth when asked why he did not initially discuss her Geatbett SWindle explained that- he did not see be-r wearing a seatbelt and forgot to ask about it because they were discussing her iosJrance andspaed When asked if he would be able to proye Whitwortl) did not have a seatbeft on SWfnd~ explained thatmiddot he dld not see her seatbe1t and -she saki she had it 00 lccordlrgtg to Swindle he likes to _Ie Instead of always enfogtclng end triad to GOtWhitwoltth a break
Rllarltiing the traffic stop wtth Clelland when nwas explained that he did not ask for his vehicle registration or proof ofmsurance Swindle said I totally forgot to ask for them on that one Swindle expIailled that unHI he watched tile in-car video he ltlid not ~alize he dkl not ask for C~s vehici~ registration and proof of insurance When tt was explained tbat he issued UTCs when he did nQt ask -for 61eJ1ancts vetUde reg~ation and proof of insurance Swindle saki When 1 stopped him I thOtlght I ask~ forij and he didnt have it I forgot totally about askJ11Q for it Swindle saId that he did not rememOeJ CJelland telling him he had such proof and eiplained tba1 he wears an earpiece and it Is sometimes hard to hear
SWindle QXplaiOed that he notified Dawson about McBumeys-traffic stop because Dawson was close and wanted him to know he stopped a legislator Swindle- did not notify Dawson about Clenands traffic stop becauae he thought Dawsdn was at a traffIC stop According to Swindle hedoes not want hisSergeant to be bllndsided
When It was explainacfto SWindle middotthat he is not asking for certain items ~vehlcle registration and proof oJ ihSurance) however heissues UTCs for not Ilaving those items
J It appears that he is
ta1king peopkl into taking a non-movng UTe jnstead of a speeding UTCt
Swindle said rrhafs not the way [ mean tolt it Im JOSl trying to cut them breaks I mean Im I dont I cant SSY anything else about it Im oottrying to fo_them 10 take any tickets If I wasdoing that Id just wrife everybody middots~lng tickets and cut no )reaks Swindle acknowledged that It is not appt0priate 10 wrtte a UTe for not having vehicle registration OT proof of insurance when the
20120628 Page-B 018
Department If Higlw~y safety and Motor Vehlcles Office oflnspeelDr General
person has such proof According to Swindle he does not fee that he has to Issue the UTe OIlC8 it has been wrftlen ahd uoderstancfsthat a UTe can be voided
On November 1920middot12 around 101middot3 AM Trooper Charles Swlndle conducted a traffic stop on Steven ClIrisii and RepiBseRtatlile ChaHes McIlumay on middotInterstate 10 in Madison County for going 87 mph in a 70 mph 2One
When SWindle spproached Garisfis vehjcle he did not ask for driver fieense vehicle registration or proof of insurance bowever Caristi provided Swindle Wffi1 documentation (Caristi couJd not recalJ exactW what middotdocumentation was prolidampd) Swindle ffisued Caristi a Traffic Wamingfor Excaeclacf Speed Umif and a UTe for Fail to Display Re9l_0n When -Swindle ~oaQbe~f MeBumeys vehicle he only asked for his driver lfsense and vehicle registration at no pgint did he ask for proof of insurance SVinltUe issued McBurney a Traffic Warning for Exceeded Speed Limit a7tlOmiddot and a UTe for -No Proof of Insuranoe When Swindle issued the lJTC to McBumey he linmedlatety explained to Swindle that he hed his proof of insurance- and -according to McBurney he proceeded to show it to Swindle through the sleeve In his wallet SwIndle GOntinued to issue the UTC even though McBumey said he possessed rus proof Gf insurance
During th~ stop Swindle requested Sergeant Gary Dawson his supervisor to come to the location to infoim him that one of thamp drtveFS was 8 fegisJator Swindle said to Dawson Im goIng to wrije- [McBurney] a warning and be nire Im going to strOke him cause I didnt see h~ insUlancecaro rll give hi ttuifticket warning for speed SWindle explained Im going to give [Carisb] I didnt seehis registratlor) so Im goi09 to stroke him for the- registration and give him a waming orspeed sinteln dQing lhat for [McBurney) (McBJJmey) Is nobelter than [C-l and [Cadsbl is no better 1han [McBurneYl so Im going to do the both the samemiddot Dawson nendad middotOK
The OIG reviewed Swindles in-ltar video Emd audio from a traffic stop before McBurneys on November 15 2012 and a traffic stop immediately following MCBurneys on November 19 2012
On November 15 2012 Swindle- cooducted a traffic stop on Alicia Whitworth for going 92 mph in a 7-0 mph zone while traveJng on Il)terstate 10 swtndIe asked for Whitworths driver li_cense vehkle Eeg is~tiQn ~(Id propf of Inso-tante Whitworth receiVed 8 Traffic Warning fur speeding and a UTe for -No ProOf or Insurance and middotSafety Belt V~atlonmiddot When issuing the UTCs Swindle explained to Whitworth that her-m5tJr8oce card was not valid yet and that he did not see her wearihg 8 ~ Swindte loki WhitWorth that he was cutting her a break- by issuing two non-molling UTCs
On November 19 2012 subsequent to McBurneys Swindle oonducted a traffic stop on Representative Michael euroielland on Jnterstate 10 in Madison COunty for gojng 67 mph in a 70 mph zone SWind~ only asked for CJellands driver license at no point did he ask for vehicle regiStration or procil of Insunanca Swindle Issuad Clelland a Traffic Warning for Exceeded
20120628 PagA 7 ofB
OepaTfment of Highway Safety and Motor Vehicles Office of Inspector General ~
Speed Limlt87f70 and a UTe lor No Proof of Insurance and Fail 10 DIsplay Registration When SWIndle Issuedmiddot the UTCs t Clelland he Immediately explained to Swindle that he had such proof SwTnd~ continued toissue the UTCs even though Clelland said he possessed both his vehicle registration and proof ofinsurence
eonce~ McBurneys traffic amptop in his lnteMeW Swindle did not want to Issue a UTe for ~ng $rid iVas ~ng tomiddotbe nicemiddotana CtJI him break SWIndle explained that he thought he asked for McBomeys proof of Psural)C6 ~ if he ~Id have provided his proof of Insurance he would have voided the UTe and issued a wam1ng for speed even though McBurney old Swindle he had his proof of insurance
When dfstUsslng the trtlffic stops Swindleexplained that he either forgot or middotthought he did ask for vehicle registranon andor proof of insurance Accordingto Swindle he was 4cutting breaksmiddot by issuing the non-moving UTCs Swindle acknowfedged that it is not appropriate to write a UTe for not having whlcle regfstration middotor proof of Insurance when the peTS0n has such proof Swindle said he dues not feel that he ~s to iSSUe the UTC once it has been written and understands that a UTe can be vokied
Based 00 the evidence and swom statemerits associated with this investigation the allegation that Trooper Charles Swindle improperly issued a traffic citation is classified as SUSTAINED
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middotmiddot Department of HIghwaY lafaty and Motor V htcles
Office ofIns~ctor GenetaJ D
regi_ SWindle lhought he asIltgtI ~ Caristi was the regis1eredawner of the vehicle and -dOe$ rfGttemember what doCUments C-artsUhancled him during the traffJC stop
When asked wily he dId not ask tolt McBurneys proof of insurance Swindle said I thought I did um J know J asked for his registration but apparently 1 didnt say proof of insurance at tnat point- Me watching thQ in-ltarvkleo Swindle said there-was traffic going by and he oould not hear if he asked fOl proof or Insurance When asked if he might hat6 asked for McBumeys proof of Hlsurance Swindle explained-that when he conducts a-traffic stop he introduces himself and explains why the person fs being stbpped asks for driver license asks the middotreason for the speedi asks if the driver is the- registered owner of the vehi and asks for veblcte registration afcent proof of insurance
Whenmiddot asked why he- didntal~w McBurney-_to- give him proof of insurance when he was tssving the UTe Swlnole said I wa honestly just trying to be rote and cllt him a break I mean ihafs the reason why I was tJying to ba nlee SWindle explained that WgtI~ woukl have provided his-proofofJnsurance hewoJiid have fol ded the LITe and issued a warnIng for speed hnwever middota~ihg to SWindle McBurney never shoWed his proofof insurance Evell though McBurney tokl Swindle he had his proof of illSUIllllco SWindle explained that he did oot want to issue a uTe for speeding and does not know why he did not have McBurney show his proof of insumnce
Reg~nfing the- traffic stop middotwittr WhitWorth when asked why he did not initially discuss her Geatbett SWindle explained that- he did not see be-r wearing a seatbelt and forgot to ask about it because they were discussing her iosJrance andspaed When asked if he would be able to proye Whitwortl) did not have a seatbeft on SWfnd~ explained thatmiddot he dld not see her seatbe1t and -she saki she had it 00 lccordlrgtg to Swindle he likes to _Ie Instead of always enfogtclng end triad to GOtWhitwoltth a break
Rllarltiing the traffic stop wtth Clelland when nwas explained that he did not ask for his vehicle registration or proof ofmsurance Swindle said I totally forgot to ask for them on that one Swindle expIailled that unHI he watched tile in-car video he ltlid not ~alize he dkl not ask for C~s vehici~ registration and proof of insurance When tt was explained tbat he issued UTCs when he did nQt ask -for 61eJ1ancts vetUde reg~ation and proof of insurance Swindle saki When 1 stopped him I thOtlght I ask~ forij and he didnt have it I forgot totally about askJ11Q for it Swindle saId that he did not rememOeJ CJelland telling him he had such proof and eiplained tba1 he wears an earpiece and it Is sometimes hard to hear
SWindle QXplaiOed that he notified Dawson about McBumeys-traffic stop because Dawson was close and wanted him to know he stopped a legislator Swindle- did not notify Dawson about Clenands traffic stop becauae he thought Dawsdn was at a traffIC stop According to Swindle hedoes not want hisSergeant to be bllndsided
When It was explainacfto SWindle middotthat he is not asking for certain items ~vehlcle registration and proof oJ ihSurance) however heissues UTCs for not Ilaving those items
J It appears that he is
ta1king peopkl into taking a non-movng UTe jnstead of a speeding UTCt
Swindle said rrhafs not the way [ mean tolt it Im JOSl trying to cut them breaks I mean Im I dont I cant SSY anything else about it Im oottrying to fo_them 10 take any tickets If I wasdoing that Id just wrife everybody middots~lng tickets and cut no )reaks Swindle acknowledged that It is not appt0priate 10 wrtte a UTe for not having vehicle registration OT proof of insurance when the
20120628 Page-B 018
Department If Higlw~y safety and Motor Vehlcles Office oflnspeelDr General
person has such proof According to Swindle he does not fee that he has to Issue the UTe OIlC8 it has been wrftlen ahd uoderstancfsthat a UTe can be voided
On November 1920middot12 around 101middot3 AM Trooper Charles Swlndle conducted a traffic stop on Steven ClIrisii and RepiBseRtatlile ChaHes McIlumay on middotInterstate 10 in Madison County for going 87 mph in a 70 mph 2One
When SWindle spproached Garisfis vehjcle he did not ask for driver fieense vehicle registration or proof of insurance bowever Caristi provided Swindle Wffi1 documentation (Caristi couJd not recalJ exactW what middotdocumentation was prolidampd) Swindle ffisued Caristi a Traffic Wamingfor Excaeclacf Speed Umif and a UTe for Fail to Display Re9l_0n When -Swindle ~oaQbe~f MeBumeys vehicle he only asked for his driver lfsense and vehicle registration at no pgint did he ask for proof of insurance SVinltUe issued McBurney a Traffic Warning for Exceeded Speed Limit a7tlOmiddot and a UTe for -No Proof of Insuranoe When Swindle issued the lJTC to McBumey he linmedlatety explained to Swindle that he hed his proof of insurance- and -according to McBurney he proceeded to show it to Swindle through the sleeve In his wallet SwIndle GOntinued to issue the UTC even though McBumey said he possessed rus proof Gf insurance
During th~ stop Swindle requested Sergeant Gary Dawson his supervisor to come to the location to infoim him that one of thamp drtveFS was 8 fegisJator Swindle said to Dawson Im goIng to wrije- [McBurney] a warning and be nire Im going to strOke him cause I didnt see h~ insUlancecaro rll give hi ttuifticket warning for speed SWindle explained Im going to give [Carisb] I didnt seehis registratlor) so Im goi09 to stroke him for the- registration and give him a waming orspeed sinteln dQing lhat for [McBurney) (McBJJmey) Is nobelter than [C-l and [Cadsbl is no better 1han [McBurneYl so Im going to do the both the samemiddot Dawson nendad middotOK
The OIG reviewed Swindles in-ltar video Emd audio from a traffic stop before McBurneys on November 15 2012 and a traffic stop immediately following MCBurneys on November 19 2012
On November 15 2012 Swindle- cooducted a traffic stop on Alicia Whitworth for going 92 mph in a 7-0 mph zone while traveJng on Il)terstate 10 swtndIe asked for Whitworths driver li_cense vehkle Eeg is~tiQn ~(Id propf of Inso-tante Whitworth receiVed 8 Traffic Warning fur speeding and a UTe for -No ProOf or Insurance and middotSafety Belt V~atlonmiddot When issuing the UTCs Swindle explained to Whitworth that her-m5tJr8oce card was not valid yet and that he did not see her wearihg 8 ~ Swindte loki WhitWorth that he was cutting her a break- by issuing two non-molling UTCs
On November 19 2012 subsequent to McBurneys Swindle oonducted a traffic stop on Representative Michael euroielland on Jnterstate 10 in Madison COunty for gojng 67 mph in a 70 mph zone SWind~ only asked for CJellands driver license at no point did he ask for vehicle regiStration or procil of Insunanca Swindle Issuad Clelland a Traffic Warning for Exceeded
20120628 PagA 7 ofB
OepaTfment of Highway Safety and Motor Vehicles Office of Inspector General ~
Speed Limlt87f70 and a UTe lor No Proof of Insurance and Fail 10 DIsplay Registration When SWIndle Issuedmiddot the UTCs t Clelland he Immediately explained to Swindle that he had such proof SwTnd~ continued toissue the UTCs even though Clelland said he possessed both his vehicle registration and proof ofinsurence
eonce~ McBurneys traffic amptop in his lnteMeW Swindle did not want to Issue a UTe for ~ng $rid iVas ~ng tomiddotbe nicemiddotana CtJI him break SWIndle explained that he thought he asked for McBomeys proof of Psural)C6 ~ if he ~Id have provided his proof of Insurance he would have voided the UTe and issued a wam1ng for speed even though McBurney old Swindle he had his proof of insurance
When dfstUsslng the trtlffic stops Swindleexplained that he either forgot or middotthought he did ask for vehicle registranon andor proof of insurance Accordingto Swindle he was 4cutting breaksmiddot by issuing the non-moving UTCs Swindle acknowfedged that it is not appropriate to write a UTe for not having whlcle regfstration middotor proof of Insurance when the peTS0n has such proof Swindle said he dues not feel that he ~s to iSSUe the UTC once it has been written and understands that a UTe can be vokied
Based 00 the evidence and swom statemerits associated with this investigation the allegation that Trooper Charles Swindle improperly issued a traffic citation is classified as SUSTAINED
Page 8of8
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Department If Higlw~y safety and Motor Vehlcles Office oflnspeelDr General
person has such proof According to Swindle he does not fee that he has to Issue the UTe OIlC8 it has been wrftlen ahd uoderstancfsthat a UTe can be voided
On November 1920middot12 around 101middot3 AM Trooper Charles Swlndle conducted a traffic stop on Steven ClIrisii and RepiBseRtatlile ChaHes McIlumay on middotInterstate 10 in Madison County for going 87 mph in a 70 mph 2One
When SWindle spproached Garisfis vehjcle he did not ask for driver fieense vehicle registration or proof of insurance bowever Caristi provided Swindle Wffi1 documentation (Caristi couJd not recalJ exactW what middotdocumentation was prolidampd) Swindle ffisued Caristi a Traffic Wamingfor Excaeclacf Speed Umif and a UTe for Fail to Display Re9l_0n When -Swindle ~oaQbe~f MeBumeys vehicle he only asked for his driver lfsense and vehicle registration at no pgint did he ask for proof of insurance SVinltUe issued McBurney a Traffic Warning for Exceeded Speed Limit a7tlOmiddot and a UTe for -No Proof of Insuranoe When Swindle issued the lJTC to McBumey he linmedlatety explained to Swindle that he hed his proof of insurance- and -according to McBurney he proceeded to show it to Swindle through the sleeve In his wallet SwIndle GOntinued to issue the UTC even though McBumey said he possessed rus proof Gf insurance
During th~ stop Swindle requested Sergeant Gary Dawson his supervisor to come to the location to infoim him that one of thamp drtveFS was 8 fegisJator Swindle said to Dawson Im goIng to wrije- [McBurney] a warning and be nire Im going to strOke him cause I didnt see h~ insUlancecaro rll give hi ttuifticket warning for speed SWindle explained Im going to give [Carisb] I didnt seehis registratlor) so Im goi09 to stroke him for the- registration and give him a waming orspeed sinteln dQing lhat for [McBurney) (McBJJmey) Is nobelter than [C-l and [Cadsbl is no better 1han [McBurneYl so Im going to do the both the samemiddot Dawson nendad middotOK
The OIG reviewed Swindles in-ltar video Emd audio from a traffic stop before McBurneys on November 15 2012 and a traffic stop immediately following MCBurneys on November 19 2012
On November 15 2012 Swindle- cooducted a traffic stop on Alicia Whitworth for going 92 mph in a 7-0 mph zone while traveJng on Il)terstate 10 swtndIe asked for Whitworths driver li_cense vehkle Eeg is~tiQn ~(Id propf of Inso-tante Whitworth receiVed 8 Traffic Warning fur speeding and a UTe for -No ProOf or Insurance and middotSafety Belt V~atlonmiddot When issuing the UTCs Swindle explained to Whitworth that her-m5tJr8oce card was not valid yet and that he did not see her wearihg 8 ~ Swindte loki WhitWorth that he was cutting her a break- by issuing two non-molling UTCs
On November 19 2012 subsequent to McBurneys Swindle oonducted a traffic stop on Representative Michael euroielland on Jnterstate 10 in Madison COunty for gojng 67 mph in a 70 mph zone SWind~ only asked for CJellands driver license at no point did he ask for vehicle regiStration or procil of Insunanca Swindle Issuad Clelland a Traffic Warning for Exceeded
20120628 PagA 7 ofB
OepaTfment of Highway Safety and Motor Vehicles Office of Inspector General ~
Speed Limlt87f70 and a UTe lor No Proof of Insurance and Fail 10 DIsplay Registration When SWIndle Issuedmiddot the UTCs t Clelland he Immediately explained to Swindle that he had such proof SwTnd~ continued toissue the UTCs even though Clelland said he possessed both his vehicle registration and proof ofinsurence
eonce~ McBurneys traffic amptop in his lnteMeW Swindle did not want to Issue a UTe for ~ng $rid iVas ~ng tomiddotbe nicemiddotana CtJI him break SWIndle explained that he thought he asked for McBomeys proof of Psural)C6 ~ if he ~Id have provided his proof of Insurance he would have voided the UTe and issued a wam1ng for speed even though McBurney old Swindle he had his proof of insurance
When dfstUsslng the trtlffic stops Swindleexplained that he either forgot or middotthought he did ask for vehicle registranon andor proof of insurance Accordingto Swindle he was 4cutting breaksmiddot by issuing the non-moving UTCs Swindle acknowfedged that it is not appropriate to write a UTe for not having whlcle regfstration middotor proof of Insurance when the peTS0n has such proof Swindle said he dues not feel that he ~s to iSSUe the UTC once it has been written and understands that a UTe can be vokied
Based 00 the evidence and swom statemerits associated with this investigation the allegation that Trooper Charles Swindle improperly issued a traffic citation is classified as SUSTAINED
Page 8of8
middot ~
z
~ ~~ bull
OepaTfment of Highway Safety and Motor Vehicles Office of Inspector General ~
Speed Limlt87f70 and a UTe lor No Proof of Insurance and Fail 10 DIsplay Registration When SWIndle Issuedmiddot the UTCs t Clelland he Immediately explained to Swindle that he had such proof SwTnd~ continued toissue the UTCs even though Clelland said he possessed both his vehicle registration and proof ofinsurence
eonce~ McBurneys traffic amptop in his lnteMeW Swindle did not want to Issue a UTe for ~ng $rid iVas ~ng tomiddotbe nicemiddotana CtJI him break SWIndle explained that he thought he asked for McBomeys proof of Psural)C6 ~ if he ~Id have provided his proof of Insurance he would have voided the UTe and issued a wam1ng for speed even though McBurney old Swindle he had his proof of insurance
When dfstUsslng the trtlffic stops Swindleexplained that he either forgot or middotthought he did ask for vehicle registranon andor proof of insurance Accordingto Swindle he was 4cutting breaksmiddot by issuing the non-moving UTCs Swindle acknowfedged that it is not appropriate to write a UTe for not having whlcle regfstration middotor proof of Insurance when the peTS0n has such proof Swindle said he dues not feel that he ~s to iSSUe the UTC once it has been written and understands that a UTe can be vokied
Based 00 the evidence and swom statemerits associated with this investigation the allegation that Trooper Charles Swindle improperly issued a traffic citation is classified as SUSTAINED
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middot ~
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