Fired Deputy Might Be Charged

By THOMAS W. KRAUSE and JOSH POLTILOVE The Tampa Tribune

Published: Jun 19, 2007

TAMPA - The state attorney's office is considering whether criminal charges should be filed against a Hillsborough County sheriff's deputy fired last month after an internal affairs report detailed policy violations in several cases when he charged drivers with driving under the influence.

The sheriff's office disciplinary review board recommended Daniel Brock's firing in part because prosecutors said they would no longer allow him to testify in DUI cases, a sheriff's office memorandum states.

In one case, Brock had filed two conflicting versions of the same DUI report, the internal investigation found.

Although prosecutors determined that "the facts meet the element of a crime," the report states, they declined to press charges, saying the matter would be better handled in-house at the sheriff's office.

The sheriff's office investigation eventually turned up more policy violations, including a failure of Brock to videotape many of his DUI arrests and a failure to take urine samples from suspects with especially low blood alcohol levels.

"Since the sheriff's office has completed an audit involving additional issues, we've asked them to provide us a copy of the audit as well as any other information that may implicate Deputy Brock in any crime," said Assistant State Attorney Pam Bondi.

Because it is a pending investigation, Bondi said she cannot comment further.

Previously, Brock had received many commendations for his vigilance in removing impaired drivers from the road.

Sheriff's Office Cooperating

Sheriff's officials said they are cooperating with prosecutors and are now reviewing the work of Brock's supervisor to determine why the problems were not seen earlier.

Brock's attorney for the sheriff's disciplinary review, Robert McCabe, did not return calls seeking comment. An after-hours message left for Brock's other attorney, Jeffrey A. Blau, was not immediately returned.

The investigation into Brock's DUI arrests began in July. Brock handed a prosecutor a second DUI report for a man arrested two weeks earlier, according to the investigative report.

He told the prosecutor that, upon further reflection, he felt the original report made it seem as if the man was more intoxicated than he was.

Prosecutors dropped the case because of the conflicting reports, the internal affairs report states.

A few months later, prosecutors wrote the sheriff's office to say that Brock would no longer be used as a witness in DUI cases. As a result, many of his remaining DUI arrests also were dropped by prosecutors.

An internal investigation found that in addition to the conflicting reports, Brock violated other sheriff's office policies.

Between October 2005 and October 2006, Brock arrested 58 people with blood alcohol levels less than 0.08. In Florida, a driver is considered impaired with a blood alcohol level of 0.08 or higher.

If a suspect with a blood alcohol level less than 0.05 is arrested, the internal report states, the deputy is required to take a urine sample to test for drugs.

In 16 cases, the report states, Brock did not take the arrested suspect's urine sample although the blood alcohol level was less than 0.05.

In 31 cases where the blood alcohol content was below 0.08, Brock had not taken video footage of the arrests, a violation of policy, the report states. When video footage was available, it differed from Brock's written reports in 12 cases, the internal affairs report states.

'He Messed With A Poor Person'

Jennifer McSwain, 33, of Tampa said that in October 2005, Brock arrested her for drunken driving. She said her blood alcohol level was tested at .013 and .017. The sheriff's office Web site confirms these numbers.

She told Brock she was sober, only had consumed two 12-ounce Budweisers and hadn't had anything to drink for about 90 minutes before driving, but he told her she was drunk, she said.

Later, urine tests showed no signs of drugs and Brock's dashboard video, provided by the sheriff's office, showed her passing a field sobriety test. Prosecutors dropped the case.

When told Brock may face criminal charges, McSwain said she hopes he does.

"I hope he rots in hell," she said. "I had to miss one day of work; I couldn't call in and tell them. I've been at my job seven years. They were wondering what happened to Jennifer."

McSwain said she still had to spend $700 on lawyer fees and to get her 1988 Mercury Cougar out of impound.

"He messed with a poor person," McSwain said. "I've got five kids, and I would have spent the money on them. It would be going on clothes and going on food for them."

Reporter Thomas W. Krause can be reached at (813) 259-7698 or tkrause@tampatrib.com. Keyword: Brock, for video of former deputy Daniel Brock testing a woman suspected of driving under the influence.