Law is meant to protect victims
Why is Marsy’s Law being used to shield the name of officer who chased a 13-year-old boy who died?
BOYNTON BEACH — One month after a 13-yearold boy crashed his dirt bike and died while a police officer chased him, the public is left with a mystery: Who was the Boynton Beach Police officer?
Stanley Dale Davis III’s family and friends have filled the city commission chamber at meetings since his death on Dec. 26, 2021 to speak about him publicly, his name on signs and shirts for all to see.
Friends and family of Davis say they want to make sure no one forgets their loved one — or the officer who was following him. But a state law and its applications complicate those efforts.
Boynton Beach Police have not released the officer’s name, saying the officer invoked his right to protect his name from the public under Marsy’s Law, a constitutional amendment approved by voters in 2018 that allows crime victims to shield their name and personal information from the public.
First Amendment advocates and attorneys say officers using Marsy’s Law in Davis’ death and similar situations is an unintended consequence that voters did not have in mind when they approved the amendment, that it makes it difficult to know whether a specific officer has a history of issues and that it can fuel an ongoing mistrust between the public and police officers.
The Boynton police department says Marsy’s Law applies to the officer because he and his family were receiving threats and because of the crash.
“The department has taken the time to consult with the City Attorney’s Office, and based on their advice, Marsy’s Law does apply to this officer in both the threats case and Sunday’s crash,” says a police department statement released Dec. 29, three days after the fatal crash. “Therefore, in order to comply with the law, the department will not be releasing the name of the officer involved in the crash.”
“According to Marsy’s Law, every victim is entitled to the right to be free from intimidation, harassment and abuse,” the statement continues. “In addition, the law gives every victim the right to prevent the disclosure of information or records that could be used to locate or harass the victim or the victim’s family, or which could disclose confidential or privileged information of the victim.”
Stephanie Slater, a spokesperson for the police department, said in an email last week that the officer and his family have been threatened in text messages and on social media, which the department is investigating.
“As a result of the ongoing investigation, we are unable to elaborate further,” Slater wrote.
The Boynton Beach Police Department has denied public record requests from the South Florida Sun Sentinel for the administrative leave paperwork for the officer the family and their attorneys believe was involved as well as the department’s incident report of the fatal crash, body-worn camera footage, any footage from security cameras near where the crash happened, dispatch audio related to the crash and any 911 calls, citing the ongoing investigation.
The question of law enforcement officers who were acting in their official capacity invoking Marsy’s Law to shield their identities is one that has repeatedly surfaced since the amendment passed in 2018.