A Florida state trooper was fired for “being nice” by cutting a speeding state legislator’s fine from $250 to $10. The trooper is appealing the decision, saying it is a standing policy not to ticket lawmakers who set the patrol’s budget.
Trooper Charles Swindle, a six-year veteran of the Florida
Highway Patrol, said he was cutting Rep. Charles McBurney “a
break” by falsely giving him a $10 dollar ticket for not having
proof of car insurance instead of a $250 ticket for
speeding.
Mcburney had reportedly been clocked going 87 in a 70 mph zone
last November, and was given the $10 ticket without being asked to
show proof of insurance.
“I’m cutting you a break on this one,” Swindle told the
lawmaker, The Miami Herald cites an internal report as saying.
Swindle checked with his superior, Sgt. Gary Dawson, who approved
and said: “We ain’t gettin’ no pay raises anyways.”
The report also quotes Swindle as telling the sergeant: "I'm
going to write (McBurney) a warning and be nice; I'm going to
stroke him 'cause I didn't see his insurance card. I'll give him
that ticket, warning for speed."
McBurney, who denies he was ever speeding, later complained to
Colonel David Brierton of the Florida Highway Patrol that Swindle
had falsely cited him.
Brierton ordered the investigation which resulted in Swindle’s
dismissal. Dawson is on leave and informed his superiors he plans
to retire.
McBurney, whose car was marked with a special tag that identified
him as a legislator, was adamant that he did not want special
treatment.
"I didn’t think that what he did was proper," McBurney said.
"I didn’t think that was the way he should have acted towards
me, or anyone else for that matter. I felt obligated to write the
letter. My concern was, if he did that to me, he would do that to
anybody."
Earlier this week, Swindle announced he is appealing his March 15
firing, saying the state highway patrol has an unwritten policy of
not fining lawmakers who set the patrol’s budget, a claim which the
agency strongly denies.
"That's horse hockey," The Tampa Bay Times cites Julie
Jones, executive director of the Highway Patrol's parent agency,
the Department of Highway Safety and Motor Vehicles, as saying.
"There is no policy that says we give anybody a free pass
because they're elected officials. The agency is compiling records
to show nearly a dozen lawmakers have been cited for speeding or
other moving violations in recent months.”
But Swindle’s lawyer, Sidney Matthew, said the situation
“stinks.”
"Florida Highway Patrol can't have it both ways, with a policy of
discretion to cut breaks to legislators who are speeding and then
turn around and fire them."
Incidentally, McBurne was not the only lawmaker Swindle pulled over
that day. The trooper also stopped Rep. Mike Clelland who was
coincidentally going 87 mph in a 70 mph zone.
Swindle similarly let Clelland off the hook with two citations, one
for having no proof of insurance and the other for not having car
registration.
He said he was cutting Clelland a break, “from one firefighter
to another,” after noticing the senator had a firefighter
sticker on his windshield.
“I didn’t ask him to give me any break,” Clelland said.
“I remember him saying, ‘You’re the second legislator I’ve
pulled over today.’”