Florida Department of Corrections

Office of the Inspector General CRIMINAL INVESTIGATION Case# 13-14646

PLN.Supp.Disc.001947

FLORIDA DEPARTMENT OF CORRECTIONS OFFICE OF THE INSPECTOR GENERAL

CASE SUMMARY REPORT

Table of Contents

h

AUTHORITY

4

!h

METHODOLOGY

4

JJI. ANALYSIS

4

IV. DEFINITIONS

5

V.

PREDICATE

6

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SUMMARY OF INVESTIGATIVE FINDINGS

6

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VII. CHARGES

6

VIII. CONCLUSION

7

Report#-13-14646/11

Page 2 of 10

PLN.Supp.Disc.001948

FLORIDA DEPARTMENT OF CORRECTIONS OFFICE OF THE INSPECTOR GENERAL

CASE SUMMARY REPORT

Case Number: 13-14646 Inspector: Senior Inspector Aubrey Land Date Assigned or Initiated: 01-02-2014 Correctional Officer Johnnie Young and Sergeant Complaint Against: Tom Pierce Location of Incident -Institution/Facility/Office: Hamilton Correctional Institution Complainant: Senior Inspector Aubrey Land Use of Force Number: PREANumber: Classification of Incident: (Improper conduct) Confidential Medical Information Included:

Yes

X - No

Whistle-Blower Investigation:

Yes

-- No

Equal Employment Opportunity Investigation:

Yes

X - No

X

Chief Inspector General Case Number:

Report#- 13-14646/11

Page 3 of10

PLN.Supp.Disc.001949

FLORIDA DEPARTMENT OF CORRECTIONS OFFICE OF THE INSPECTOR GENERAL

CASE SUMMARY REPORT

I.

AUTHORITY

The Florida Department of Corrections, Office of the Inspector General, by designation of the Secretary and § 944.31, Florida Statutes, is authorized to conduct any criminal investigation that occurs on property owned or leased by the department or involves matters over which the department has jurisdiction. The testimony references included in this report are summations of oral or written statements provided to inspectors. Statements contained herein do not necessarily represent complete or certified transcribed testimony, except as noted. Unless specifically indicated otherwise, all interviews with witnesses, complainants, and subjects were audio or video recorded.

II.

METHODOLOGY

The investigation reviewed the derivations of the allegation advanced by the complainant. The scope of this investigation does not seek to specifically address tort(s), but violations of criminal statutes. The criterion used to evaluate each contention or allegation was limited to the following standard of analysis: 1. Did the subject's action or behavior violate Florida criminal statutes?

Ill.

ANALYSIS

The standard and analysis in this investigation is predicated with the burden of proving any violation of law, established by probable cause. The evidence considered for analysis is confined to the facts and allegations stated or reasonably implied. The actions or behavior of the subject are presumed to be lawful and in compliance with the applicable Florida law, unless probable cause indicates the contrary.

Report# - 13-14646/11

Page 4 of 10

PLN.Supp.Disc.001950

FLORIDA DEPARTMENT OF CORRECTIONS OFFICE OF THE INSPECTOR GENERAL

CASE SUMMARY REPORT

IV.

DEFINITIONS

Unfounded: Refers to a disposition of a criminal case for which probable cause does not exist to suggest the suspect's behavior or action occurred nor is an arrest or formal charge being initiated. Closed by Arrest: Refers to a disposition of a criminal case for which probable cause exists that an identified subject committed the offense and one for which an arrest or formal prosecution has been initiated.

Exceptionally Cleared: Refers to a disposition of a criminal case for which probable cause exists that an identified suspect committed the offense, but one for which an arrest or formal charge is not initiated, or in the case of a death investigation, one for which no evidence exists that the death was the result of a crime or neglect. Open-Inactive: Refers to a disposition of a crimina I case for which a criminal investigation commenced, but where evidence is insufficient to close as unfounded, closed by arrest, or exceptionally cleared.

Report#~

13-14646/11

Page 5 of 10

PLN.Supp.Disc.001951

FLORIDA DEPARTMENT OF CORRECTIONS OFFICE OF THE INSPECTOR GENERAL

CASE SUMMARY REPORT

v.

PREDICATE

On December 21, 2013 at approximately 5:00pm, Officer William Smith reports conducting a security check in G-dormitory, wing one. During the security check, Officer Smith approached cell 1217 and observed a sheet hanging from the door. Officer Smith pulled the sheet down from the door way and observed Inmate David Shelby, DC# 274254 sitting on the toilet talking on a cell phone. Officer Smith ordered Inmate Shelby to surrender the cell phone and submit to hand-restraints. Inmate Shelby complied with orders and Officer Smith confiscated the cell phone and placed hand-restraints on him. The cellular phone is described as a black and gray flip style Verizon phone with camera capabilities. During further investigation, Inmate Shelby completed a written statement alleging he gave Sergeant T. Pierce $300.00 via a green-dot money transfer for the phone which was later delivered to him by an inmate known only by the nickname of, "Sandman." This information was reported in MINS 530432 on December 21, 2013, and assigned to Senior Inspector Aubrey Land for criminal investigation. NARRATIVE:

VI.

SUMMARY OF INVESTIGATIVE FINDINGS

Based on the exhibits, witnesses' testimony, subject officer's statements, and the record as a whole, presented or available to the primary inspector, the following findings of facts were determin.ed: This inspector began an investigation into allegations of correctional staff at Hamilton Correctional Institution (HC£) introducing illicit contraband; cigarettes, tobacco, cell phone, and narcotics into the secure perimeter of HCI in exchange for monetary reward. This inspector, together with other Inspectors have conducted several sworn interviews of inmate offenders and civilians, which furthered the investigation and supported the issuance of subpoenas for money wire transfers, and phone and banking records. Within the four corners of this inspector's affidavit. it is documented, a portion of the information so discovered against two of the conspirators which reveals probable cause to believe defendants, Johnnie Young and Tom Pierce, both correctional officers at HCI at the time of the criminal acts, knowingly and willfully diverted monies, financial transactions, wire transfers and other exchanges of currency, to further a criminal enterprise with the intent to elude detection contrary to §898.101(1). The purpose of the criminal enterprise was to introduce contraband into HCI. During sworn interviews with inmate conspirators, this inspector was advised of several such payments were utilized via Green-dot money transfers, and applied to pre-paid debit cards owned or possessed by Sergeant Pierce. The investigation further uncovered evidence suggesting Officer Young utilized her Report#- 13-14646/11

Page 6 of 10

PLN.Supp.Disc.001952

FLORIDA DEPARTMENT OF CORRECTIONS OFFICE OF THE INSPECTOR GENERAL

CASE SUMMARY REPORT

known P.O. Box identified as 529, White Springs, Florida 32096, for receiving both contraband and financial transactions in the form U.S. Currency and Green-dot money packs. It was based on this information; this inspector requested and was issued subpoenas for prepaid debit card transactions in the names of Johnnie Young and Tom Pierce. Upon receiving one of the requested documents, this inspector discovered both defendants had obtained Green-dot bank cards and were receiving alarming Further supporting this inspector's belief, these amounts of deposits which were suspicious. transactions caused Green-dot bank to suspend both cards, as well as the account holders from conducting further business with the financial institution months prior to the issuance of the subpoenas, noting unusual cash loading activities on these cards. This inspector discovered a cell phone had been confiscated from Inmate Douglas Gilding. A search of the phone identified text messages had been exchanged between Inmate Gilding's phone and the known phone number belonging to Officer Young. Said communications are a violation of§ 944.47{1){A}{1). During a sworn interview of Inmate Gilding, he provided testimony alleging to have directed his girffriend, Brandy Orr to send the phone discovered in his possession to P.O. Box 529, White Springs, Florida 32096, together with other items of illicit contraband and a $500.00 Green-dot money pack to be paid for the introduction of the items. Inmate Gilding testified, after the phone and other items were mailed to the White Springs address, Inmate Randall Grice met with Sergeant Pierce and received the items. This inspector conducted a sworn interview with Ms. Orr who provided testimony supporting Inmate Gilding's testimony. Additionally, Ms. Orr provided this inspector with receipts for Green-dot money packs which were provided as payment for the introduction of the contraband. Additionally, Ms. Orr was shown the phone discovered in Inmate Gilding's possession and identified H: as being consistent with one of the phones she mailed to the White Springs address. Said introduction of cellular devices are a violation of§ 944.47(1)(A)(6). During an interview of Inmate Randall Grice, he testified he was involved in the introduction of contraband from correctional staff at HCI. According to Inmate Grice, the staff members involved were; Sergeant Pierce and Officers Young and Smith (believed to be former officer; Frank Smith). Inmate Grice began obtaining contraband from the staff in July 2013 and continued until November 2013. During this time, Inmate Grice paid Sergeant Pierce thousands of dollars, mostly by providing Green-dot money packs as payment. Inmate Grice was in direct contact with Sergeant Pierce and would take orders for contraband from other inmates who obtained the Green-dot transaction codes from family and friends. Once the money was confirmed, Sergeant Pierce would load the money onto his prepaid card and exchange the requested contraband. Report#-13-14646111

Page 7 of 10

PLN.Supp.Disc.001953

FLORIDA DEPARTMENT OF CORRECTIONS OFFICE OF THE INSPECTOR GENERAL

CASE SUMMARY REPORT

Inmate Grice identified the contraband items he received from Sergeant Pierce as: tobacco, K*2 spice, cell phones, and Creatine supplements. Sergeant Pierce would sell small flip style phones and tobacco items on demand, but if someone wanted a smart phone or particular items, they would be mailed to P.0. Box 529, White Springs, Florida 32096. Once the mailing was confirmed, Inmate Grice would text a message to (386) 234-0449, advising a package had been sent Inmate Grice always attached a signature to the text, "M.O.B." and the response would contain a signature of, "Self truth." Inmate Grice claims he did not know who he was texting until Sergeant Pierce directed him to go to Officer Young's dormitory to retrieve a paint bucket After obtaining the item, Officer Young responded, "So, M.O.B. huh?" Inmate Grice relied, "yes," Officer Young responded, uSelf Truth is better." Inmate Grice then knew Officer Young was the person he had been communicating with via text messages. When asked, Inmate Grice denied having ever purchased any items directly from Officer Young. Additionally, no further information was provided concerning Officer Smith. In addition to the above testimony, This inspector discovered two payments from family members of inmates housed at HCI to accounts payable to Johnnie Young in violation of§ 838.16. During post arrest, post Miranda interview with Officer Johnnie Young she admitted to receiving all the money deposited on her Green·dot prepaid card· from inmates under her supervision in agreement to introduce contraband into Hamilton Correctional Institution. Additionally Officer Young admitted to receiving illicit contraband from persons related to inmates. During post arrest, post IVIiranda interview with Sergeant Pierce he admitted to receiving Green-dot money transactions from inmates under his supervision in exchange for introducing contraband cigarette into Hamilton CorrectionallnsUtution. Based on the above findings, this inspector finds reason to and does believe Officer Young and Sergeant Pierce have violated the laws of the State of Florida, as listed above.

VII. CHARGES List alleged violations of Florida Law: 1. Violation of§ 944.47(1)(A) Florida Statutes, Introduction of Contraband. § 944.47(1)(A) Florida Statutes, Except through regular channels as authorized by the officer in charge of the correctional institution, it is unlawful to introduce into or upon the grounds of any state correctional institution, or to take or attempt to take or send or attempt to send therefrom, Report# - 13-14646/11

Page 8 of 10 PLN.Supp.Disc.001954

FLORIDA DEPARTMENT OF CORRECTIONS OFFICE OF THE INSPECTOR GENERAL

CASE SUMMARY REPORT

any of the following articles which are hereby declared to be contraband for the purposes of this section.

2. Violation of§ 896.101(3)(A} Florida Statutes, Money Laundering § 896.101(3}(A), Florida Statutes, Knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, to conduct or attempt to conduct such a financial transaction which in fact involves the proceeds of specified unlawful activity:

3. Violation of§ 838.016 (1) Florida Statutes, Unlawful Compensation § 838.016 (1} Florida Statutes It is unlawful for any person corruptly to give, offer, or promise to any public servant, or, if a public servant, corruptly to request, solicit, accept, or agree to accept, any pecuniary or other benefit not authorized by law, for the past, present, or future performance, nonperformance, or violation of any act or omission which the person believes to have been, or the public servant represents as having been, either within the official discretion of the public servant, in violation of a public duty, or in performance of a public duty. Nothing herein shall be construed to preclude a public servant from accepting rewards for services performed in apprehending any criminal.

4. Violation of§ 947.47(1)(A}(1} Florida Statutes, Unlawful Removal of Written Communications. § 947.47(1)(A}(1) Florida Statutes, Any written or recorded communication or any currency or coin given or transmitted, or intended to be given or transmitted, to any inmate of any state correctional institution.

VIII.

CONCLUSION

Based on the information gathered during this investigation, it is the recommendation of Senior Inspector Aubrey Land the allegation against Officer Johnnie Young a Correctional Officer acting in her offtcial position as a public servant did on or about the 1st day of July 2013 and continuing through the 3oth day of November 2013, in Hamilton County, Florida, then and there unlawfully conspire with Inmates to introduce contraband into the secure perimeter of Hamilton Correctional Institution, contrary to Florida Statute 944.47(1)(a). be termed as follows: 1. (Closed by Arrest) Based on the information gathered during this investigation, it is the recommendation of Senior Inspector Aubrey Land the allegation against Officer Johnnie Young a Correctional Officer acting in her official position as a public servant did on or about the 1st day of July 2013 and continuing through the 3oth day of November 2013, in Hamilton County, Florida, did then and there unlawfully act with Inmates and with

Report#-13-14646/11

Page 9 of 10

PLN.Supp.Disc.001955

FLORIDA DEPARTMENT OF CORRECTIONS OFFICE OF THE INSPECTOR GENERAL

CASE SUMMARY REPORT

Civilian Brandy Orr to transfer U.S. Currency via wire transfers utilizing Green-dot money transfers contrary to Florida Statute 896.1 01 (3). be termed as follows: 1. (Closed by Arrest)

Based on the information gathered during this investigation, it is the recommendation of Senior Inspector her Aubrey Land the allegation against Officer Johnnie Young a Correctional Officer acting in official position as a public servant did on the 1st day of July 2013 and continuing through the 3oth day of November 2013, Florida, unlawfully receive compensation with intent to commit unlawful acts contrary to Florida Statute 838.016(1). be termed as follows: 1. (Closed by Arrest) Based on the information gathered during this investigation, it is the recommendation of Senior Inspector Aubrey Land the allegation against Officer Johnnie Young a Correctional Officer assigned to Hamilton Correctional Institution did on the 19th day of January 2014, in Hamilton County, Florida, unlawfully send and receive electronic text messages both to and remove Inmate Douglas Gilding an inmate housed within Hamilton Correctional Institution who was in possession of and using an iiUcit cellular phone to communicate with Defendant Johnnie Young contrary to Florida Statute 944.47 (1)(A)(1). be termed as follows: 1. (Closed by Arrest) Based on the information gathered during this investigation, it is the recommendation of Senior Inspector Aubrey Land the allegation against Sergeant Tom Pierce a Correctional Officer acting in his official position as a public servant did on or about the 1st day of July 2013 and continuing through the 3oth day of November 2013, in Hamilton County, Florida, then and there unlawfully conspire with Inmates to introduce contraband Into the secure perimeter of Hamilton Correctional Institution, contrary to Florida Statute 944.47(1)(a). be termed as follows: 2. (Closed by Arrest) Based on the information gathered during this investigation, it is the recommendation of Senior Inspector Aubrey Land the allegation against Sergeant Tom Pierce a Correctional Officer acting in his official position as a public servant did on or about the 1st day of July 2013 and continuing through the 3oth day of November 2013, in Hamilton County, Florida, did then and there unlawfully act with Inmates to transfer

Report# -13-14646/11

Page 10 of 10

PLN.Supp.Disc.001956

FLORIDA DEPARTMENT OF CORRECTIONS OFFICE OF THE INSPECTOR GENERAL

CASE SUMMARY REPORT

U.S. Currency via wire transfers utilizing Green-dot money transfers contrary to Florida Statute 896.101(3). be termed as follows:

2. (Closed by Arrest)

Based on the information gathered during this investigation, it is the recommendation of Senior Inspector Aubrey Land the allegation against Sergeant Tom Pierce a Correctional Officer acting in his official position as a public servant did on the 1st day of July 2013 and continuing through the 3oth day of November 2013, Florida, unlawfully receive compensation with intent to commit unlawful acts contrary to Florida Statute 838.016{1). be termed as follows:

2. (Closed by Arrest)

Report#-13~14646/11

Page 11 of 10

PLN.Supp.Disc.001957

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