INCIDENT REPORT Incident: 201800003944 - Case: Reported Date/Time: 02/19/2018 Dispatched Date/Time: 02/19/2018 Completed Date/Tim Enroute Date/Time: 02/19/2018 Earliest Date/Time: Arrival Date/Time: INCIDENT LOCATION: 1666 Kennedy Cswy Apt 300 OFFICERS ASSIGNED: NBV02 North Bay Village FL 33141 00000185 Lieutenant James MoCready COMPLAINANT: Name: Address: City/Stat Powell, Norman 1666 Kennedy Csmy 420 North Bay Village, FL 33141 OFFENSE: UCR_ Offense Description Statute - Description L-Nbv Local : SUBJECT(S) INVOLVE) Type Name DOB _ Address ‘Unknown Jackson, Andreana ‘Chervony, Richard Vietim Witness 1666 Kennedy Cswy Ap: 300 NO IMAGE AVAILABLE, Dos: NORTH BAY VILLAGE POLICE DEPARTMENT ngs 9:34: Page 1 of 3 Miami-Dade Degree Class Level Ciy/State/Zip Phone North Bay Village, FL33141‘Victim # 001 NORTH BAY VILLAGE POLICE DEPARTMENT Page 2 of 3 INCIDENT REPORT Incident: 201800003944 - Case: Jackson, Andreana 1666 Kennedy Cswy Apt 300 ‘North Bay Village, FL 33141 Individual Name: —Chervony, Richard Addr: City/st: Phone: Name: Addr: CityiSt: Phone: “Age: Height: Weight: st: Offender # Witness #001 Contact # DANGEROUS: ResidentsNORTH BAY VILLAGE POLICE DEPARTMENT Page 3 of 3 INCIDENT REPORT Incident: 201800003944 - Case: VEHICLE: Plaie# State Type VIN Yr__ Make __ Model Color Value Boat Hull # Hull Material Boat Make Propulsion Type Boat Model Boat Type Boat Length Boat Name Registation # Boat Year Registation State Boat Color Registation Year Hull Shape Date: Expire PROPERTY: Loss No. Type Qty. Make/Mode/Style Description Serial Value Evd. RecDate _ Rec Val 1 ‘SYNOPSIS: APPROVALS: Function 2D Name Date Status Entered oo00i8s Lieutenant James McCr 03/26/2018 1- Approved Investigated Reviewed ‘0000185 Lieutenant James MeCr 03/26/2018 1 ApprovedNORTH BAY VILLAGE POLICE DEPARTMENT 02/19/2018 On Sunday evening, February 18, 2018 North Bay Village Attorney Norman C. Powell sent Chief Noriega an email (see attached) containing allegations of criminal conduct by former Village Commissioner and current resident Dr. Richard Chervony concerning possible harassment/stalking against current North Bay Village Vice- Mayor Andreana Jackson, In his letter, Mr. Powell writes “Ms. Jackson was the subject of a direct course of conduct that caused her substantial emotional distress”. The source of Ms. Jackson’s emotional distress is reportedly due to demeaning and harassing comments made by Dr. Chervony on the internet Facebook site “North Bay Village Residents Speak” On Monday, February 19, 2018 at approximately 9:30AM, after reviewing the complaint and all of the documentation, this investigator contacted Miami Dade Assistant State Attomey Etta Akoni. ASA Akoni was briefed and was then emailed the complaint for her review. I am awaiting her response. Several attempts to contact Vice-Mayor Jackson telephonically as of this date has met with negative results, NBVPD Case #2018-00003944 Lt, James MeCreadyNORTH B. VILLAGE POLICE DEPARTMENT Contact was made with victim the evening of Tuesday, February 20, 2018. The victim stated that after seeing a face book post directed at her on the North Bay Residents Speak page, she became disturbed and concemed. Victim stated that Dr. Richard Chervony posted a picture of AK47’s calling for people to raise arms against her. She was also concemed because Dr. Chervony has made public the location of the gym where the victim frequents. ‘The victim stated that Dr. Chervony never made any direct threats to do physical harm to her in person, telephonically, or through emails. The victim did provide on email between her and Dr. Chervony, but there was nothing threatening noted. On February 21, 2018 I received an email from the victim (attached) corroborating our telephone conversation and accusing Dr. Chervony of eyber bullying, stalking and voter intimidation, This information was also sent directly to ASA Akoni via email. Also on that date I received an email from the complainant (attached) stating that sometime in November 2017 Dr. Chervony also posted a picture of weapons and fatigues with the words “eall to arms”. 1 conducted a search of the North Bay Village Residents Speaks fice book page from September 2017 to present and found only one post (attached) from Dr. Chervony on December 20, 2017 that was titled “ a call to arms”. The post did not contain a picture of ‘guns and fatigues, but rather a picture of a Guy Fawkes mask, On February 23, 2018 I received an email from ASA Akoni (attached) in ref to the original complaint of Stalking, She wrote that based on previous case law (Scott v. Blum) the charge of Stalking would not be able to be proven. Telephonically, she advised that because the victim chose to visit that website and the communications were not sent directly to her, it did not constitute a crime. A second email from ASA Akoni was received on February 26, 2018. In that email she addressed voter intimidation accusation from victims email. She stated that that charge is also not applicable. On Monday February 26, 2018 I received an email from victim (attached) indicating that she is not interested in moving forward with this case.VILLAGE POLICE DEPARTME! 032218 Although Vice-Mayor Jackson no longer wants to pursue this matter, I was directed to continue the investigation and follow up with the State Attomey’s Office until an appropriate disposition was reached. ‘A search of the North Bay Village Residents Facebook page was conducted. Only one “ CALL TO ARMS” post by Dr. Chervony was found. It was not accompanied by a picture of weapon and fatigues as reported by Mr. Powell, but instead had a picture of a Guy Fawkes’ mask, encouraging people to speak at an upcoming commission meeting. On February 28, Mr. Powell sent me an email verifying that this was “one of the post”. Mr. Powell then claimed that he saw another post that had “a skull and bones logo (with the X in the form of two guns)”. Mr. Powell stated that the post may have been taken down, In an email to me from Vice-Mayor Jackson dated February 26, 2018 she stated that Mr. Powell “has a complete file on my claims which he has been monitoring since November”. She specifically requested that file also be sent to the State Attomey’s Office as well. When asked for these files via email to Mr. Powell, he replied “I do not have any further information or a compete file.” On March 14, 2018 I made contact with Dr. Chervony. Dr. Chervony stated that at no time did he post anything on Facebook that could be considered threatening to Vice- Mayor Jackson. When asked specifically about posting images of weapons or firearms, Dr. Chervony vehemently denied it stating that he is anti-gun and would never post such a thing. Mr. Chervony stated that he has known the Vice-Mayor for a long time and that even though he does not agree with some of her political decisions, he had not and would never threaten her, Also that day, I met with Miami Dade County ASA Etta Akoni and presented all of the information that I had relating to Mr. Powell’s allegations. After reviewing the entire case, Vice-Mayor Akoni advised that none of Dr. Chervony’s posts or emails constitutes a crime (close out memo to follow). I then met with Miami Dade County ASA Derek KO who is assigned to the Miami Dade County Cyber Crimes unit to inquire the possibly of obtaining a subpoena/warrant for Facebook in an attempt recover any deleted post in regards to this matter. Mr. Ko advised that a warrant would be needed, but would not be able to be obtained due to lack of probable cause as no crime has been committed.NORTH BAY VILLAGE POLICE DEPARTMENT My investigation, coupled with the State Attomeys review revealed that there is no evidence that any crime was committed in regards to Mr. Powell's complaint. This case is unfounded. Lt. James McCready 0185