DeLand Police officer fired, 2 disciplined over meth loss

One DeLand Police officer was fired, another was suspended and a third reprimanded when they apparently lost a suspect’s meth during an arrest, documents show.

The officers were found to be careless and incompetent, according to an internal investigation.

On July 14, Officers Michael Mirino, John Rutherford and Thomas Gillan were searching the home of a man on probation.

They found guns, pills and a small amount of meth. They arrested the suspect and put the evidence into storage, according to an internal review.

A few weeks later, a sergeant took out the evidence for a hearing, but there was no meth inside the bag, the review concluded. The meth also was not documented on evidence logs, the review said. One of the officers also transposed one of the numbers on the serial number on a rifle, so it did not come back as stolen.

Mirino said he tested the meth and handed it to Rutherford.

But Rutherford said he didn’t remember Mirino handing him.

Gillan said the evidence was already packaged when he got it.

Mirino was fired because of the incident, along with other “performance issues” dating back to 2009, the department said. He is trying to get his job back through the grievance process.

Gillan received a written reprimand, and Rutherford was suspended eight hours.

“This incident not only jeopardized [the] case but brought embarrassment and discredit upon our agency and has stained your credibility as an officer in good standing,” Lt. Greg McWhorter wrote in Gillan’s discipline letter.

Investigators also said the situation could have been avoided if the officers submitted the proper paperwork and communicated with one another better.

According to the department, Mirino has been disciplined 10 times since 2007, including for sleeping on the job and an accidental discharge of a firearm.

DeLand Police Chief Jason Umberger declined to comment, citing the open grievance process. it to