phill4paul
05-21-2014, 07:03 AM
Sarasota officer fired in Club Ivory beating to be reinstated
By Ian Cummings
Published: Tuesday, May 20, 2014 at 5:01 p.m.
Last Modified: Tuesday, May 20, 2014 at 5:01 p.m.
SARASOTA - A Sarasota police officer who was fired almost two years ago for beating a man during an arrest will be patrolling the streets again next month.
Officer Scott Patrick won back his job with the Sarasota Police Department in March after challenging his firing through the police union. An arbitrator appointed to the case decided that Patrick was “reasonable” in punching a nightclub patron in the face several times while arresting him on suspicion of disorderly conduct.
The decision held that the city was wrong to fire Patrick, who is to regain his position with back pay. He will be back on the job early next month, said Sarasota Police Chief Bernadette DiPino, and will most likely return to patrol duty. He will face no further penalties.
Patrick's firing for excessive force in 2012 occurred before DiPino took over the department. She said she didn't know Patrick but, based on what she has learned, believes that he is a good police officer.
According to the rules of arbitration between the city and the union, the Southwest Florida Police Benevolent Association, the department is obliged to hire Patrick again whether there are concerns about him or not.
“I can't predict the future,” DiPino said. “We're going to keep track of every one of our officers, and hold them accountable.”
( Is reinstating them with backpay "holding them accountable? p4p )
Former Sarasota police Chief Mikel Hollaway was responsible for Patrick's firing. An internal investigation had concluded that Patrick violated department policies when he punched, choked, and cursed at Jason B. Dragash, then 29, while arresting him on August 4, 2012, at the Ivory Lounge nightclub on Main Street.
The incident was recorded on video, in which Patrick can be seen repeatedly punching Dragash, who was on the floor surrounded by other police officers. The resulting criminal investigation stated that Patrick gave misleading information to detectives investigating the incident, and evidence for a charge of battery was sent to the State Attorney's Office. Prosecutors declined to take the case.
During a January hearing with attorneys for the union and the city, Hollaway said he still believed Patrick should have been fired. “First, he punched the individual an excessive number of times. Second, he had an opportunity to stop after the person's arm was pinned but failed to do so. Third, he made a statement immediately after the incident that 'I should have killed him,' ” the report reads in part.
The repeated punching appeared to be “punitive” in Hollaway's view and, together with reports of Patrick screaming at Dragash, calling him a “drunk” and an “idiot,” his actions reflected poorly on the department.
But the arbitrator, Sarasota attorney Stanley Sergent, gave the benefit of the doubt to Patrick, saying it was not unreasonable for him to feel Dragash — the larger of the two men — was resisting arrest and posed a threat.
The decision vindicated Patrick's punches but upheld the complaint over his “flagrant demonstration of anger” and “profane and abusive language.” As penalty, he received a 30-day unpaid suspension, but DiPino said that had already effectively been completed while Patrick was fired.
The amount of back pay owed to Patrick wasn't clear this week, and may be offset by any money he earned since his firing. Patrick joined the SPD in 2003 and was the department's Officer of the Year in 2006. He'll go through some standard mandatory training on his return, DiPino said, but nothing that specifically addresses the incident at Ivory Lounge.
Meanwhile, Dragash, who still lives in Sarasota and works as a sales rep, has a lawsuit pending against the city. He said it troubled him to hear that Patrick was back in uniform.
“It really is a pretty scary situation,” Dragash said. “I didn't raise a hand. I didn't do anything, and I wasn't aggressive.”
Dragash was not charged after his arrest, but he said the incident continues to affect his life. A Google search of his name first calls up images of his bruised face, and he worries about his future employment prospects. He relives the memory of the beating often. “I've had to go to therapy,” he said. “It could ruin me for life.”
It's not the first time that the arbitrator, Sergent, has reinstated an officer in a highly publicized case. In 2009, he overturned the firing of a Tarpon Springs police officer who had been fired for having a sexual relationship with a teenager he met through the police department's ride-along program.
And in Sarasota, Patrick's case came only about a month after Officer Christopher Childers got his job back at after being fired for kicking a drunk man who was handcuffed on the ground. Childers' firing was overturned by the city's Civil Service Board.
Video at link: http://www.heraldtribune.com/article/20140520/ARTICLE/140529963?p=all&tc=pgall
By Ian Cummings
Published: Tuesday, May 20, 2014 at 5:01 p.m.
Last Modified: Tuesday, May 20, 2014 at 5:01 p.m.
SARASOTA - A Sarasota police officer who was fired almost two years ago for beating a man during an arrest will be patrolling the streets again next month.
Officer Scott Patrick won back his job with the Sarasota Police Department in March after challenging his firing through the police union. An arbitrator appointed to the case decided that Patrick was “reasonable” in punching a nightclub patron in the face several times while arresting him on suspicion of disorderly conduct.
The decision held that the city was wrong to fire Patrick, who is to regain his position with back pay. He will be back on the job early next month, said Sarasota Police Chief Bernadette DiPino, and will most likely return to patrol duty. He will face no further penalties.
Patrick's firing for excessive force in 2012 occurred before DiPino took over the department. She said she didn't know Patrick but, based on what she has learned, believes that he is a good police officer.
According to the rules of arbitration between the city and the union, the Southwest Florida Police Benevolent Association, the department is obliged to hire Patrick again whether there are concerns about him or not.
“I can't predict the future,” DiPino said. “We're going to keep track of every one of our officers, and hold them accountable.”
( Is reinstating them with backpay "holding them accountable? p4p )
Former Sarasota police Chief Mikel Hollaway was responsible for Patrick's firing. An internal investigation had concluded that Patrick violated department policies when he punched, choked, and cursed at Jason B. Dragash, then 29, while arresting him on August 4, 2012, at the Ivory Lounge nightclub on Main Street.
The incident was recorded on video, in which Patrick can be seen repeatedly punching Dragash, who was on the floor surrounded by other police officers. The resulting criminal investigation stated that Patrick gave misleading information to detectives investigating the incident, and evidence for a charge of battery was sent to the State Attorney's Office. Prosecutors declined to take the case.
During a January hearing with attorneys for the union and the city, Hollaway said he still believed Patrick should have been fired. “First, he punched the individual an excessive number of times. Second, he had an opportunity to stop after the person's arm was pinned but failed to do so. Third, he made a statement immediately after the incident that 'I should have killed him,' ” the report reads in part.
The repeated punching appeared to be “punitive” in Hollaway's view and, together with reports of Patrick screaming at Dragash, calling him a “drunk” and an “idiot,” his actions reflected poorly on the department.
But the arbitrator, Sarasota attorney Stanley Sergent, gave the benefit of the doubt to Patrick, saying it was not unreasonable for him to feel Dragash — the larger of the two men — was resisting arrest and posed a threat.
The decision vindicated Patrick's punches but upheld the complaint over his “flagrant demonstration of anger” and “profane and abusive language.” As penalty, he received a 30-day unpaid suspension, but DiPino said that had already effectively been completed while Patrick was fired.
The amount of back pay owed to Patrick wasn't clear this week, and may be offset by any money he earned since his firing. Patrick joined the SPD in 2003 and was the department's Officer of the Year in 2006. He'll go through some standard mandatory training on his return, DiPino said, but nothing that specifically addresses the incident at Ivory Lounge.
Meanwhile, Dragash, who still lives in Sarasota and works as a sales rep, has a lawsuit pending against the city. He said it troubled him to hear that Patrick was back in uniform.
“It really is a pretty scary situation,” Dragash said. “I didn't raise a hand. I didn't do anything, and I wasn't aggressive.”
Dragash was not charged after his arrest, but he said the incident continues to affect his life. A Google search of his name first calls up images of his bruised face, and he worries about his future employment prospects. He relives the memory of the beating often. “I've had to go to therapy,” he said. “It could ruin me for life.”
It's not the first time that the arbitrator, Sergent, has reinstated an officer in a highly publicized case. In 2009, he overturned the firing of a Tarpon Springs police officer who had been fired for having a sexual relationship with a teenager he met through the police department's ride-along program.
And in Sarasota, Patrick's case came only about a month after Officer Christopher Childers got his job back at after being fired for kicking a drunk man who was handcuffed on the ground. Childers' firing was overturned by the city's Civil Service Board.
Video at link: http://www.heraldtribune.com/article/20140520/ARTICLE/140529963?p=all&tc=pgall