Florida Police Sergeant Demoted After Argument Over Manatee Zone Stop

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The investigation into this incident wrapped up last month, but it’s important for officers to read and take note of what happened. The story illustrates an important lesson that a badge and gun, or in the USCG’s case a government id and a gun, doesn’t go as far as respect for other officers and the laws they’re enforcing. Demanding “professional courtesy” and “name dropping” when you’ve been stopped for a violation of the

law is not responsible or professional. Plead your case, if you have one, calmly and respectfully, and accept the penalties without starting some verbally abusive argument. You’ll always have your day in court.

Naples News -
A Lee County Sheriff’s Office sergeant was demoted after an internal affairs investigation into an incident involving Florida Fish and Wildlife Conservation Commission officers who stopped him in a manatee zone. Police Officer James Erb was demoted to deputy and his pay was reduced 5 percent after a complaint of conduct unbecoming an officer was substantiated. He has been with the agency since 1987 and was a former marine unit supervisor.

According to the internal affairs investigation, on April 3, Erb, his wife Tina, and William and Tracy Townsend were on the Townsends’ boat. William Townsend had been drinking and asked the deputy to drive the boat. Erb admitted he was speeding through a manatee slow-speed zone and stopped when he saw the FWC officers’ overhead lights. The stories diverge at that point.

The FWC officers, Ronald Perry and James Suttles, told investigators Erb refused to do as he was told: put the boat in neutral, allow the officers to pull alongside and tie off to his boat, and retrieve safety items and registration. The FWC officers said they ask drivers of boats to do certain things to determine if the person is impaired. Erb said he had never heard of that technique and believed they should have conducted standardized field sobriety tests if they believe he was drinking. Erb and William Townsend said the boat kept drifting near mangroves and an oyster bar. Townsend said he “was fearful his boat would incur damage if it ran into either one and was telling Erb to move slightly up to a safer area to idle.”

Suttles said Erb immediately appeared aggravated when stopped. However, the boat’s passengers said the officers seemed agitated. One of the women attempted to get the safety equipment and Suttles told her to stay seated. The Erbs said he used an expletive in doing so, but Suttles denied it. Erb said it was not his boat and he did not know where the items were kept.

After several minutes, Suttles told investigators, one of the women said to Erb: “Just show him your badge.” Suttles said Erb did so; Perry said a woman produced the wallet; Erb’s wife said she didn’t know how the officers learned he was a deputy; Erb said he assumed his wife showed the badge but didn’t see it happen. Suttles and Erb also had an exchange as to how long each had been in Lee County and were officers.

Suttles untied the boats and pulled away to call his supervisor who in turn called Erb’s supervisor. Suttles was instructed to make sure Erb was not inebriated – he did so by smelling Erb’s breath and smelled no alcohol – and to not worry about the manatee zone citation. Erb said he asked the officers which lieutenant he was speaking with and the officer told him “dropping names was not going to get him out of any trouble.” Erb said he was just curious. Erb said he was not happy with the way the FWC officers conducted themselves and that once they found out he was a deputy, they were more irate and disrespectful to those onboard. He told the officers they had detained him long enough and they needed to “take me to jail, write me a citation or let me go.” The conversation ended and he was free to leave – without a citation and only a verbal warning.

The information was given to FWC Capt. Denis Grealish who filed a formal complaint with the Sheriff’s Office. Erb said if he had to do it again, he would retrieve the equipment but felt the FWC officers should have been more professional in demeanor and that it was a “bad day on both parts.”