Orlando Sentinel

Officers fired for lying about arrest

- By Joe Mario Pedersen

The DeLand Police Department fired two officers it found to have lied about a man they claimed was “resisting arrest,” according to the department’s internal investigat­ion of the January incident - the results of which were released Wednesday.

Officer Austin LaFleu and Officer Leslie Goins responded to a call at The Boulevard Bar, located at 208 North Woodland Blvd, about an unruly patron who caused a scene with a bartender.

Joseph Stapf was intoxicate­d and arguing with the bartender, according to the report.

He was asked several times to leave and refused.

LaFleu placed the man in handcuffs and detained him, but did not arrest him.

Goins arrived soon after and began searching the man and found two bags suspected to be cocaine - that search shouldn’t have taken place because Stapf was not under arrest, according to DPD’s findings.

Following the narcotics discovery, the officers arrested Stapf on charges of trespassin­g and narcotics.

Their report included a charge of resisting arrest.

LaFleur wrote in a report that Stapf was intoxicate­d, belligeren­t, argumentat­ive, refusing to follow commands and physically resisting arrest.

Goins backed up story.

Bodycam footage tells a different tale.

The footage LaFleur’s reveals that LaFleur told the man “you’re just being detained right now,” and that Stapf stood with his hands in his pockets and placed his hands behind his back when asked - although Stapf did express confusion and had trouble standing, according to DPD.

Thirty-six seconds later, Goins arrived in his squad car and told investigat­ors that he saw Stapf resisting the arrest which is why he began searching Stapf ’s person.

However, Goins was standing a “distance” too far from LaFleur to have seen the resistance especially with poor visibility due to darkness and rain, according to the report.

While Goins was with Stapf, LaFleur spoke with bar employees who admitted that Stapf hadn’t broken any laws in the establishm­ent and they only sought to issue a trespass warning.

Goins bodycam footage reveals Goins told Stapf, “You’re just being secured, you’re not under arrest,” while he searched Stapf’s person.

After the events of the January arrest the State Attorney’s Office dismissed all charges against Stapf after watching LaFleur’s bodycam footage, and saying “there was insufficie­nt probable cause for the arrest.”

The investigat­ion concluded the officers falsified the report in order to justify the search

“Based on all of the facts as known and the prepondera­nce of the evidence, the officers were untruthful and misleading while being questioned under oath during the internal affairs investigat­ion,” the DPD said.

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