OFFICE OF THE

?nds Eater?nt

NINETEENTH JUDICIAL CIRCUIT OF FLORIDA

 

SERVING
411 South Second Street
Bruce calmn Fort Pierce, Florida 34950
. (772) 465-3000
State Attorney July 14, 2016 Fax: (772) 4624214

Nicholas C. Mimms
City Manager

100 N. US Highway 1
Ft. Pierce, Fl. 34950

Dear Mr, Mimms:

At our meeting on July 6, you provided me with a packet containing documents which
alleged wrongdoing and mismanagement by Police Chief Diane Hobley?Burney, and requested
that the State Attorney?s Of?ce review the information to determine what if any criminal laws
have been violated. My of?ce has completed its review, and based upon the materials provided,
we ?nd no criminal violations by Chief Hobley-Burney.

The bulk of the materials provided are statements regarding an alleged threat made by the
Chief to Rick Reed. The only crime which would possibly apply is Assault. Florida Statute
784.011 de?nes Assault as follows:

?An assault is an intentional, unlawful threat by word or act to do
Violence to the person of another, coupled with an apparent ability
to do so, and doing some act which creates a well?founded fear in
such other person that such violence is imminen 

The incident in question took place in a courtyard outside the City Commission chambers
as people were leaving a meeting on April 18, 2016. The allegation is that the Chief directed a
threat at Mr. Reed. However, there are con?icts between the witnesses as to what was said by
the Chief, there was not an apparent ability to carry out the threat at that time, and Mr. Reed
stated that he was not placed in fear that violence was imminent. Therefore an assault did not
take place.

The remaining allegations are contained in a letter to the City Commission and you from
Borthland Murray, dated July 1, 2016. One of those is that a police of?cer had filed a false
Worker?s Compensation claim. This is a matter that could and should be investigated by the
Police Department and/or the City?s Human Resources Department. If it is determined that a
false claim was knowingly ?led, appropriate action can be taken, including a request for
prosecution.

Mr. Murray alleges that a police of?cer violated a citizen?s civil rights. This allegation
should be investigated by the police department, and if sustained, appropriate action can be taken
including referral to the US Department of Justice.

 

Nicholas C. Mimms
July 14, 2016
Page 2

Allegations by Mr. Murray that the Chief ordered criminal investigations of a City
Councilman and Mr. Reed, and that she knew of a corruption charge against the City Manager

are internal issues which, 1eased upon the information provided, do not rise to the level of
criminal wrongdoing.

If you have any questions or wish to discuss this matter further, please do not hesitate to
contact me.

Sincerely,

Bag/Mn

BRUCE H. COLTON
State Attorney