F Myers Police Departm t FINAL ACTION SUMMARY Employee Name: Detective Donald Weathers Incident Date: 2011-2012 ‘Case Number: | Complainant: Detective Emily Desiefinis | Assigned Date: April 19, 2013 Address: 7210 Widmman Way Completed Date: 06/11/2013 ‘Admin 2013-010 City, State, Zip: Fort Myers, Florida 33901 Investigator: Lieutenant Wiliam Musanie ‘Summary of Complaint neha Decne Desa Wee pny a on inp reatcnip vt pt ofa inform forthe Fort Myers Police Deparment sexigned to Detective Weathers, and someone whe ited et tee kang Avacioe™ bby the Lee County Sheriff's Office. Policy Related to Complaint General Order 9.1 General Rules of Conduct, Section II(A)9, Standard of conduct: Employees must always conduct themselves, both on ‘or off-duty, in a way that reflects favorably on the police department. Employees are forbidden from engaging in conduet that dshonors the police department, discredits the individual as a law enforcement employee, or impairs the efficient operation of the employee or the police department. In addition tothe preceding rues, all employees are accountable anid responsible for the Law Enforcement Code of Euhics asa professional guideline. ‘Saf Review eis con Ono Pras OT Cosh) (20 hte TiS fr at Freer Dchege eV Acens} | VANE PUTSY racer saived Cash Shih ewtenant: omen Bimec Hoss Seem [vans | Aare Date Reviewed:__\__\___| Recommended Action: eet Ueutenant: ferlrorenpm Sustained Fy stin ad Foch rea Date Reviewed: __\_\ Recommended Action: Sustained C] Not Sustained (]Unfounded | [1] within poticy ‘At Foutt Exonerated F}other________| 7) against Policy Not At Fault (Action: Zancimtea 7 Amon Vom Grek sa emt Not Sustained] Unfounded Bi sneter ‘At Foult Exonerated F] other ‘Against Policy Not At Fouk epemended Renin ion Mes aa: ini ‘Sustained =) Oluntoundes within ‘At Fault Cesonencs Eyeiner sepia | Neteteny | Ef acca o 2 F EFestaed ‘At Fault Exonerated Not At Fault - 7 : Z 2 ZZ Case Number: Ow Vt gly ‘Signature / Date Bid- oro rs Signature / Date Form — FAS 1 of2 Revised 01/8/2013Unfounded: Not Sustained: Sustained: Other Findings: Form—FAS. F +Myers Police Depart t FINAL ACTION SUMMARY A completed investigation may be labeled exonerated when the facts suggest that the alleged incident {did occur, but that the employee's actions were lawful, proper, and consistent with department policy. A completed investigation may be labeled unfounded when the complainant admits to making 2 false allegation or the facts of the investigation support ths, or the accused employee was not involved in the incident, or there is no basis in fact that the incident occurred. An investigation may also be labeled ‘unfounded if, after investigation, the allegation is demonstrably false or there is no credible evidence to support it. ‘The allegation has been investigated and the facts presented are insufficient to clearly prove or disprove the allegation. The allegation is supported by @ preponderance af evidence to justify @ reasonable conclusion the incident occurred. During the course of the investigation it was determined other violations exist, or training and / or the ‘policy does not properly address the allegation, or there is confusion about, or a conflict in policy that led to the alleged conduct, or @ policy was non-existent, (Explain Above) Recorded guidance to correct a deficiency or direct employee performance. This is the proper time to caution or remind the employee that further disciplinary action may be necessary ifthe conduct does not improve. Recorded admonishment of a deficiency, poor performance or violation of policy. ‘Any form of corrective action/training in the deficient area, Loss of wages/hours Loss of Rank Loss of Employment 20f2 Revised 01/8/2013,Fort Myers Police Department Professional Compliance Investigation Professional Compliance Investigation: Date of Report: Case Investigator; Date & Time of Incident Complainant's Name: Date Complaint Received: Involved Officer(s): Witness(s) Name: Complainant(s) #1 Detective Emily Destefanis Fort Myers Police Department 2210 Widman Way Fort Myers, FL 33901 Admin, 2013-010 06/11/2013 Lt William Musante Approximately June 2011 — April 2012 Detective Emily Destefanis April 19, 2013 Detective Donald ‘Weathers Detective Emily Destefanis Detective Candice Petaccio Officer Michael Masiero (CCPD) Work telephone: (239) 321-7700 Involved Officers) Detective Donald Weathers Identification Number - 407 Detective - Special Investigations Group Fort Myers Police Department Represented by counsel: PBA Rep. Vincent Dosle lof 10Fort Myers Police Department Professional Compliance Investigation Summary of Allegation(s): This all (° Donald Weathers possibly had an inappropriate relationship with ast confidential informant for the Fort Myers Police Department Me hen eather, and someone who is documented as a “Latin King Associate” by the Lee County Sheriff's Office. ‘Summary of Investigation: ‘This summary is based on conclusions derived from the statement of the complainant, police ‘records, sworn witnesses, civilian witnesses, and the subject officer: On April 16, 2013, the Professional Standards Bureau received notice through Captain Melvin Perry of the Investigations Bureau, via memorandum to the Chief of Police they Detective Emily Destefanis had notified them of a possible inappropriate relationship involving Detective Donald Weathers. | Through a swom statement provided by Detective Destefanis the Professional Standards Bureau was informed of the following: On April 11, 2013, Detective Destefanis responded to| | comment order to follow up With a witness ina recent homicide case that had gone'to taal The witness; was Slomumented Latin King gang member and was classified as such thee County Sheriff's Office Gang Investigations Unit on January 22, 2013. —_.. documented as a gang member by Detective Hankins due ‘© numerous recent postings on Facebook about his ‘affiliation with the gang, having a tattoo identified as used by @ gang, and his presence in Photograph on Facebook with other documented gang members. inal justice interests. at that time revealed to Detective Destefanis that lfdated Detective Donald Weathers for almost two years and had met him after| }was found inside a house that he served a drug search warrant on. Wi indicated tha some work as a Confidential informant for Detective Weathers shortly thereafter, made mention of ‘on the down low” because was known to law enforcement as a On April 17, 2013, at approximately 1:00 ieutenant William Musante conducted a swom Video recorded interview with Jon the second floor of the Fort Myers Police Department. Detective Destefums accompented Lieutenant Musante at his request. [I indicated ctive Weathers during a search warrant that took lace ch 5, 2011 at MERRI iscicatd tha Mf vas in the home on NNR braid friend Mario's hair when the SWAT team served the search warrant. According to an interview of IMM after the search warrant, Jwas seated on the couch when the SWAT. team entered and! ‘asa “dope hole.” IIE was utilized as @ witness in the criminal case and admitted to Witnessing drug sales within the home. Noel 2of 10Fort Myers Police Department Professional Compliance Investigation Camacho-Oquendo and Mario Santiago-Rivera were both later charged with Trafficking in Heroine and Possession of Drug Paraphernalia. GB indicated that she had a suspended driver’s license when Ill drove to the mz Address, resulting in possible driving on suspended charges against [MJ In exchange for no charges, ME isceaces that HMMM agreed to assist the Special Investigations Group as a Confidential informant. Detective Weathers was illssigned “Control Office” cd completed the required C1. Packet with [lj stated that MM worked with Detective Weathers, Detective Michael Masiero, and Detective Candice Petaccio for approximately 6 weeks. Payment records indicated [worked between April 13, 2011 and May 14, 2011. [a CLL Packet indicated a termination date of June 1, 2011 MB was questioned about being classified as a Latin King Associate by the Lee County Sheriff's Office Gang Unit on August 8, 2008. (NM indicated that Mis not a Latin King Gang member, does not follow in any of their ‘Activities, and is “against all that.” [IIMMstated Wi about the label sometime in 2011 when they the Harbor East Apartment Complex, according to Teamed about the classification and asked Officer }oved because it was false, NIM explained th a known Latin King , since [J was fiftcen years old, but separated from him four years fhad just recently resumed that relationship and is ort. According to documents provided by the Lee iiibdead atin King Associate” for admitting ‘The specific reason listed on bot} ss Ticket was lid not meet an fember or ‘approximately 9 years, prior to mecting Detain involved with (See Forms Completed by LCSO) 30f 10Fort Myers Police Department Professional Compliance Investigation HEB wes. questioned about a personal intimate telationship with Detective Weathers. icknowledged that [did have a relationship with Detective Weathers and classified it tation. —lilestimated they dated for approximately one year and split ‘on mutual terms. indicated that their relationship took place after i concluded duties as a confidentia} informant and stated that they started out as friends and that evolved into inship. nitied that [lcrossed the line once while working for Detective Weathers as a C.1. when lent him a personal text message stating that he was “very sexy.” fated that Detective Weathers reacted negatively to the text and became mad at for texting such a thing and did not entertain comment. [MMI could not be sure about dates duc to the amount of time that has passed but indicated that they began speaking as friends on the telephone and via text approximately three weeks after [stopped[fMMIBC.1. work. That lead to a friendship of approximately three months before things became intimate. indicated that their intimate relationship began sometime just prior to September 1!" because Detective Weathers had to go out of town. MMMM stated that they had a typical relationship doing the typical dating rituals like dinner, motorcycle rides, boating, the beach, and hanging outa is house, According toi lationship as mM until approximately April of 2012 when they mutually agreed to separate HEE 2s questioned aboutlfiiJ comment to Detective Destefanis that they had to keep their relationship on the “down low” because fwas in the computer and known to law enforcement asa Latin King. [IIIB denied making this statement to Detective Dest fanis as demonstrated in Jwom statement and indicated that was speaking about keeping their relationship on the "down low” from the criminals he dealt with on a daily basis. MIM explained further end stated they were at dinner one night and one of the people Detective Weathers had arrested was 4 of 10Fort Myers Police Department Professional Compliance Investigation in the restaurant and recognized him. This made il fear for safety from them so they tried to keg their relationship on the “down low” for fsafety from individuals that might try and hurt [because of what Detective Weathers had done to them. | __frem that [I and Detective Weathers never discussed keeping their relationship quiet Because of his job, BI indicates that J end Detective Weathers never discussed departmental business, Operations, his cases, or anything else related to Fort Myers Police Department business. MERE sated chat Bil never asked and he never offered anything other thee whemer ee not he had a good or bad day, typical “how was your day” type responses. MEEMMEtated that they kept to themselves and Detective Weathers never visited with or af out with anyone affiliated with the Latin Kings. indicated that MM only contact with Jduring that time was to pick up and drop off her children, indicated that MMfhad a minor criminal history involving traffic offenses, disturbing the peace, and petit theft charges from Wal-Mart, ‘These charges were confirmed by Lieutenant Musante through NCIC/FCIC showing 6 misdemeanor charges with two convictions, one failure to appear, and two unknown dispositions. Liestenant Musante checked with other local law enforcement agencies and found no other criminal contacts with SIE IMME stated that [had taken drugs in ‘i ii bi : a drug free, not associated with the Latin Kings gang in any way other than jand had not committed a crime, leading up to, during, and after {relationship wi Weathers. GR inclicated that =: been employed for years at family’s fusiness, and actively worked prior to, during, and througite tay of her Mewiew doing landscape work. HEBBE wes questioned abou fast contact with Detective Weathers. indicated that Prior to the day of fiinterview, last contact of any type was message ll§sent to him around Halloween 2012. ted that sent him a picture offfJkids to him and that was it. stated that Detective Weathers did contactlfifsister = telephone just prior to ffbeing Picked up for [interview with Lieutenant Musante, stated that fli called him back and he asked vas “in any trouble.” [iilstated “no” and he explained that he was just asked aboutAnd he would “hate to see me get back with Jand then me do something stupid and... drag, you know, fall back down.” [sic] id not have any further information relevant to this investigation. On May 22" and May 30°, Lieutenant Musante obtained swom ‘statements from Officer Michael Masiero and Detective Candice Petaccio. ‘These were the only other officers known to have contact with [IIE while working as a confidential informant for the Fort Myers Police Department. Both officers recalled working for a short time with the Special Investigation Group under the control of Detective Weathers. Neither officer was aware of a personal relationship between Detective Weathers and On June 6, 2013 Lieutenant Musante conducted a swom post-Garrity interview with Detective Donald Weathers on the third floor of the Fort Myers Police Department. Detective Vincent Doyle was present as his PBA Tepresentative. Detective Weathers has been employed by the Fort Myers Police Departinent for six years and was assigned tothe Special Investigations Group a8 a Detective in May of 2010. Detective Weathers indicated that he received training on the 5 of 10Fort Myers Police Department Professional Compliance Investigation handling of confidential informants by Detective Eric Gutridge and Detective Candice Petaccio, and also read and understood General Order 22.2 relating to Confidential Informants. Detective Weathers indicated that he did author and serve a search warrant at Le camenren on March 11, 2011. Detective Weathers stated that the search warrant was"for the sale of Heroine from the residence and required the use of the Fort Myers Police Department SWAT Team. Within the home, SNM was located seated on the couch upon SWAT entry, HB was utilized as a witness and provided a sworn statement indicating that J was familiar with the drug activities within the home and was present to do a males hair, possibly by the name of Mario. Detective Weathers indicated that he later signed Jup as a confidential informant on March 25, 2011 and was assigned 2s Ili control officer. Detective Weathers Completed the required confidential informant packet and checked her criminal history and local Jaw enforcement contacts via the Lee County Sheriff's Office Extranet. Detective Weathers recalled that ifhad no drug arrest history and a few misdemeanor arrests ranging from petit theft to breach of peace. This Extranet profile detailed Bibresis as listed on We scseat history but showed no association to the Latin King gang. This changed sometime between when Detective Weathers ran her profile and Lieutenant Musante did for the purpose of this investigation, The current profile does list [Mls an associate to the La { printed by Detective Weathers for C.1. Packet - Right by Lt, Musante Detective Weathers was asked what he knew about drug use and history. Detective Weathers documented in INIINMC. I. packet that ‘as drug free for six months prior to interview with him. [indicated to him at that time that Ml was drug free and going through a child custody dispute, which required drug tests on a regular basis. Detective Weathers was not Positive about the type of drugs INEM had used in illpast but indicated it may be Heroin and Marijuana, since that was the type of drugs they were dealing with at the time of the search Warrant. Detective Weathers recalled signing up for the purpose of assisting with three or so houses and stated that [MJ chose to assist the agency in exchange for not being charged with Griving on a suspended driver's license. a. been observed by surveillance units 6of 10Fort Myers Police Department Professional Compliance Investigation operating @ motor vehicle on the day of the search warrant when fj arrived at the| residence. Detective Weathers indicated that [NN fulfil led J agreement and chose to terminatelfMl status as a confidential informant after assisting then Detective Masiero on May 14°, 2011. Detective Weathers was questioned about the June |, 2011 termination date noted on the front offIININC.1. packet and explained that he was behind on paperwork and em < log the termination paperwork on that date, but fiJhad been inactive since May 14", confirmed oe active for the agency after May 14, 2011 Detective Weathers willingly admitted to personal and intimate relationship with In Portions of 2011 and 2012. Detective Weathers indicated that they had a friendship that evolved into an exclusive relationship where they considered each other Detective Weathers made it clear that this took place afterffi fulfille mtn it responsibilities and after a friendship developed between the two of them. Detective Weathers recalled that their friendship began around July of 2011 after they began to text back and forth, and talk on the phone. Detective Weathers indicated that [III had his cellular phone number from w nen ll worked for him and checked in with hit m time to time to see how things were going. This is how communication between the two of them started and evolved inlo a friendship and eventually a relationship. Detective Weathers stated that they were intimate sometime in August just prior to him going out of town on the Brotherhood Ride. This was consistent with recollection of events In icerview, Miindicated that Detective Weathers asked f]a bunch of questions when they first started talking, such asffirug use and criminal activity, Detective Weather was questioned about this and explained, “I obviously don’t hang out with, uh, known criminals.” He went on to state that atthe time, they were starting to establish a friendship so he wanted to be sure that vas not engaged in any type of immoral behavior that would vefteet negatively on himself or the agency. He stated that he confirmed with ithat| 8 not using drugs and was taking weekly drug tests due to the child custody dispute IJ was in. He discussed criminal acts, the alleged gang affiliation that had asked him about while working 88 an informant listed in the Lee County Sheriff's Office records, and eriminal behavior in Seneral. KNEE assured him thatfjvas not involved in any criminal or gang related activities 7of 10Fort Myers Police Department Professional Compliance investigation and Detective Weathers stated that he never witnessed [ever engage in any inappropriate or criminal behavior. Detective Weathers indicated that their relationship lasted approximately eight months and the separated amicably in the first few months of 2012. Detective Weathers indicated that = was attending classes to be en M.R.I. Technician and was going to be traveling ou 80. In addition, was still having child custody issues with did not want to continue to be a part of that drama. Other tharron the day of interview with Lieutenant Musante, Detective Weathers stated that be last heard from Halloween, 2012. fisent him a picture of| ‘exact response. Detective Weathers stated that he did speak with [NMMon April 17, 201 Provided a sworn statement to Lieutenant Musante for this investigation, ' Det indicated that be was approached by Sergeant Notaro who asked about IIE avery vague manner. He indicated that fil may be going to work as an informant for another agency and asked how Bilas as a confidential informant. Detective Weathers stated that he indicated ll was a good C.l. and he then attempted to contact [iilto see iff] was going to do work for Someone cise. He indicated that iiltelephone number was now bad so he called sister and asked to relay a message forff| to call him back. [IBMcaled him back a short time later and he asked jf I was going to do work for someone else. indicated that [MI was not. He then asked if ll was okay and [J informed him that jas back with| Jand doing well. That concluded the conversation. Detective Weathers stated that he was called later that same day and informed by MMMM that [MMMM had been picked up by detectives and interviewed about their relationship. Detective Weathers stated that a... apologetic, causing him to respond that fll had nothing 10 worry abot Assuming that he would be investigated for the relationship, Detective Weathers informed [IE that he would not be able to talk tolf because of the investigation. That was the last time they spoke, Detective Weathers was questioned about MIME bcing classified as a “Latin King Associate” per the Lee County Sheriff's Office Gang Unit. Detective Weathers indicated he was made aware of| being classified as an associate of the Latin Kings from [MM herself. He indicated jcalled him after learning about the label from another officer during casual conversation. Detective Weathers stated that [asked him if he was aware that fi was labeled 4 Latin King and how to get it corrected because fl was not a member or associate of the gang. Detective Weathers stated that] formed him that fll only connection to the Latin Kings was through the| Jwho was @ gang member. This was consistent with the Lee County Shen's Office docur ‘here the only link to the Latin Kings noted on MERE! Gang Csr om es Detective Weathers stated that he did not have a personal or intimate relationship with while J was an active informant. Detective Weathers indicated that he never met any reason other than business while [ilwas an active informant. Detective Weathers indicated that he did not flirt with or have any sexually charged conversations with [ll cither in Person, by phone, or by text with a was an active informant. Detective Weathers was asked about a text he received from IED whil4{ivas an informant that 8 of 10Fort Myers Police Department Professional Compliance Investigation stated, “You're very sexy.” Detective Weathers acknowledged received a text similar to this, “You're Hot” and stated that he immediately and directly put INN in her place. He stated that he explained tof thaffwas an informant and that he was her control agent and that they would maintain a professional relationship. He stated that [MMMMopologized and it did not happen again. This was consistent wi ¥ement Who stated that Detective Weathers became angry with [after IJ sent the text. Detective Weathers indicated that he and never spoke about departmental business, operations, targets, or his ongoing cases, Jnever requested information and they did not discuss his work day. Detective Weathers stated that they did not discuss keeping their relationship on the “down low” and never had a personal or intimate relationship with any other past or present confidential informant. Detective Weathers was read General Order 22.2 Confidential Informants, Section II(A)2, General Policies and Procedures, and responded by stating, “I never had any social uh, contacts with [hitefjvas an informant.” Section 1i(A)2 “Investigator and / or officer / informant contacts will be strictly professional in nature and recorded on a contact sheet. Social or business contacts are prohibited.” Detective Weathers was read General Order 9.1, Section II(A)9, Standard of Conduct, which states: “Employees must always conduct themselves, both on or off-duty, in a way that reflects Savorably on the police department. Employees are forbidden from engaging in conduct that dishonors the police department, discredits the individual as a law enforcement employee, or impairs the efficient operation of the employee or the police department,” Detective Weathers was then asked if his relationship with INN violated the general order. Detective Weathers responded by indicating that he did not violate the general order. Detective ‘Weathers reiterated that| a .:: not an active informant when they developed a friendship and eventually a relationship. He acknowledged reading the general orders that apply to the situation and stated that the rules apply to “active” confidential informants, Detective Weathers stated that there is no definitive time outlined in policy that dictates when an officer may have a relationship with an adult that was once an informant. Detective Weathers went on to state that he is 24 year veteran of law enforcement and this is the first LA. he has been in. Detective Weathers stated that this was because he prides himself on following the rules. Detective Weathers explained that if policy dictated that officers cannot date individuals who performed as 4 confidential informant until a specific time has lapsed, he would understand this investigation, Detective Weathers explained that there is no such policy so he was not aware that he was violating any policy, Detective Weathers concluded his statement by reiterating that INN adamantly denied being gang member or having any association with the Latin Kings, other than having children with 9of 10Fort Myers Police Department Professional Compliance Investigation HEEB was drug free prior to and during their relationship and they were just “just two people, two adults” that had a relationship. Contact was made with the Florida Department of Law Enforcement in order to clarify if the allegations against Detective Weathers would be considered a moral character violation by their standards. Stacey Lehman, with FDLE, advised that the circumstances outlined by the investigation would not constitute a moral character violation. Additionally, Supervisors with the State Attomey’s Office for the 20" Judicial Circuit indicated that the conduct of Detective Weathers, as outlined in the investigation, would not, in their opinion, damage the credibility of Detective Weathers as an investigator, however his actions could raise questions that would have to be addressed in a trial setting. Statements I. Detective Emily Destefanis 2. Detective Candice Petaccio 3. Officer Michael Masiero ‘a 5. Detective Donald Weathers Documents * Swom statements of SEMEN Officer Masiero, Detective Petaccio, Detective Destefanis, and Detective Weathers. ¢ 1 CSO Extranet reports cn i * LCSO Criminal Gang Criteria sheets on [ny * Special Investigations Group Case Report 2011-117. Statement of ts . ae. an active confidential informant for the Fort Myers Police partment from 03/25/2011 through May 14, 2011 ¢ PMMvecame an informant in order to avoid possible criminal traffic charges of knowingly driving on a suspended driver's license. * Detective Donald Weathers and had @ friendship, personal, intimate relationship that began around mid 2011 and ended around April of 2012. © MBB is classified as a Latin “Associate” by the Lee County Sheriff's Office for the reason, © MiBhad a long term relationship with [NM and has children in common with him, 10 0f 11Fort Myers Police Department Professional Compliance Investigation + MMII: classified as a Latin King “Member” by the Lee County Sheriff's Office for ‘multiple reasons. These reasons include tattoos linking him to the gang, Facebook posts related to the gang, and Facebook pictures of him with other known Latin King members. “I, the undersigned, do hereby swear, under penalty of perjury, that, to the best of my personal knowledge, information, and belief, 1 have not knowingly or willfully deprived, or allowed another to deprive, the subject of the investigation of any of the rights contained in ss. 112.532 and 112,533, Florida Statutes." Investi Date William P. Musante, Lieutenant of 11Redaction Log Total Number of Redactions in Document: 287 Redaction Reasons by Page Redaction Date: 4/22/2020 10:25:45 AM Page DescriptionRedaction Log Redaction Reasons by Exemption Redaction Date: 4/22/2020 10:25:45 AM Reason Description Pa (Coury 4) (26)