AFFIDAVIT OF Patrick Mahoney

STATE OF FLORIDA

COUNTY OF MANATEE

BEFORE ME, the undersigned authority, PATRICK MAHONEY, personally appeared to

me well known to be the same, who, being by me first duly sworn, deposes and says:

1. I am Patrick Mahoney, and I am over the age of 18.

2. I began working with the Bradenton Police Department (hereinafter "BPD") in March of

2017.

3. In approximately September of 2020, I was assigned to work as a Homicide Detective and

began to investigate the murder of Tara Reilly.

4. I was assigned to the case on November 11, 2020.

5. It was considered a cold case, given that Ms. Reilly was murdered in April of 2000.

6. On or about February 18, 2021, I convened a meeting regarding the status of the

investigation at which numerous law enforcement officials were in attendance.

7. At the meeting, I recall the following BPD command staff members being present: Chief

Melanie Bevan, Deputy Chief Josh Cramer, Deputy Chief Paul McWade, Captain William

Knight, Lieutenant Shannon Seymour, and Lieutenant Stahley.

8. Also in attendance was BPD Internal Affairs Detective James Curulla.

9. By that time, I had identified a suspect who I believed could, at a minimum, identify the

person or persons who murdered Tara Reilly.

10. I advised those in attendance that the suspect would not cooperate with our investigation,

so we began to discuss possible avenues by which to obtain his cooperation.

11. I advised that I believed the suspect might use drugs and suggested the possibility of a

narcotics sting through which we could attempt to obtain his cooperation by way of a plea

bargain.

12. At that point, Chief Bevan asked whether or not the suspect had a valid driver's license and

suggested that "we crash into his car" and thereafter arrest him for driving on a suspended

license.

13. Chief Bevan went on to state, "I had to do that when I was at St. Pete multiple times."

14. Chief Bevan went on to further suggest we repossess the individual's truck, get his power

disconnected, and even have his children removed from his custody.

15. Chief Bevan commanded, "We need to make this guy's life hell until he cooperates."

16. At that point, Internal Affairs Detective Curulla interjected and suggested that we just "go

get him and bring him in."

17. I was stunned that an Internal Affairs Detective was suggesting that we break the law.

18. I advised that the individual was recovering from surgery at the time and that the State

Attorney's office ("SAO") had instructed me to stay away from the suspect.

19. I likewise informed those in attendance that I had presented an arrest warrant for the

individual to the SAO, but my warrant request was denied and the SAO refused to file any

charges against the individual.

20. As such, I advised Internal Affairs Detective Curulla that I could not arrest someone whom

I knew that the state was not going to prosecute.

21. At that point, Internal Affairs Detective Curulla stated, "Well if he thinks he's under arrest,

that's his problem."

22. Shortly thereafter, Chief Bevan left the room and Lieutenant Seymour promptly stated that

nobody was going to harass, assault, batter or kidnap the individual as suggested in the

meeting by Chief Bevan and Detective Curulla.

23. I observed Deputy Chief McWade instantaneously cast a disapproving look towards

Lieutenant Seymour and it was clear that Deputy Chief McWade was angry over

Lieutenant Seymour's statements.

24. In December of 2019, I was working in the Special Investigations Unit along with Sergeant

Ross Johnson, Detective Chris Capdarest, and Detective Courtney Cruz.

25. On December 2, 2019, a former dispatcher with BPD named Eva Kelly committed suicide.

26. Eva Kelly was married to Sergeant Joe Kelly, who still works with BPD.

27. The investigation into her death was conducted by Manatee County Sheriffs Office

(hereinafter "MCSO").

28. Shortly after Eva Kelly committed suicide, Deputy Chief McWade ordered that Sergeant

Johnson and I "stick with" Sergeant Joe Kelly.

29. Deputy Chief McWade ordered Sergeant Johnson and me to obtain Eva Kelly's phone from

MCSO custody.

30. Deputy Chief McWade specifically stated, "We have to get that phone".

31. At the time, I was unsure as to why Deputy Chief McWade was so intent on obtaining Eva

Kelly's phone, but I concluded that it involved Deputy Chief McWade's desire to prevent

Sergeant Kelly from reading or learning of communications Eva Kelly had on her phone.
32. At one point, I recall Sergeant Johnson informing me that MCSO Detective Davis was

asked to provide the phone to BPD without Sergeant Kelly knowing that BPD received the

phone, but Detective Davis refused to provide and surrender the phone to our custody.

33. Detective Davis informed Sergeant Johnson that his "Major said no."

34. It was clear that Deputy Chief McWade did not have any regard for Sergeant Kelly's

personal property or for his Fourth Amendment right to be free from an unlawful seizure.

35. Deputy Chief McWade then ordered Christopher Capdarest and me to attend Eva Kelly's

memorial service as "security," which he claimed was in order to prevent Eva Kelly's ex­

husband from attending.

36. I recall Deputy Chief McWade showing Capdarest and I a photograph of Eva Kelly's ex­

husband.

37. We were directed to arrest Eva Kelly's ex-husband ifhe showed up at Eva Kelly's funeral.

38. Capdarest asked for a basis to arrest the ex-husband, and Deputy ChiefMcWade responded

to just arrest him, because he was not allowed to attend the funeral.

39. I recall Deputy Chief McWade specifically telling Detective Capdarest to just "find

something" to arrest him for because he was not supposed to be at the funeral.

40. One again Deputy Chief McWade demonstrated no regard for the Fourth Amendment.

41. Deputy Chief McWade was personally recruited to work at BPD by Chief Bevan, and she

had a close relationship with him that spanned decades.

42. It is unreasonable to conclude that Chief Bevan was unaware of these things that Deputy

Chief McWade did.

43. In approximately January of 2020, Chief Bevan hired Christopher Herron, who was a

longtime associate ofhers from her time with the St. Petersburg Police Department.
44. Herron was assigned to work with the Special Investigations Unit at BPD.

45. Unbeknownst to me, Herron was not sworn as a BPD officer.

46. Nonetheless, he took law enforcement actions on behalf of BPD.

47. Herron was regularly volatile and physically aggressive.

48. For example, he would regularly walk through the Department striking items with a

baseball bat.

49. On more than one occasion, he physically attacked me and others at BPD.

50. On one occasion, Herron punched me in the back of the head while I was sitting in the front

passenger's seat of Sergeant Johnson's unmarked vehicle.

51. On another occasion, Herron approached me from behind while I was walking through a

hall at BPD and placed me in a chokehold.

52. In response, I was forced to defend myself and as such, a physical altercation ensued.

53. Around the same time, Herron attacked Sergeant Johnson in a similar fashion.

54. Any time we would challenge his insubordination or his violent and aggressive behaviors,

Herron would threaten to use his friendship with Chief Bevan as a defense to our

complaints.

55. Herron would state, "Do I need to tell Melanie? You know she's my best friend."

56. Eventually, Herron left BPD due to personal reasons.

57. It was after he was no longer working there that I learned he was hired to be a call-taker

for the agency, and that he was not a sworn officer with BPD.

58. Mr. Herron carried his badge from the St. Pete Police Department while working for BPD.

59. Chief Bevan did not inform me that Mr. Herron was not sworn to serve with BPD and she

allowed Mr. Herron to conduct himself as if he were a sworn BPD officer.

60. In one instance, Mr. Herron, while operating a patrol car, initiated a traffic stop.

61. In this incident, Mr. Herron announced over the radio his intention to make the traffic stop

and Sergeant Johnson ordered that he not conduct the stop.

62. At that time, BPD had an agency-wide directive against conducting traffic stops, which I

believe was related to the COVID-19 pandemic and other staffing concerns.

63. Mr. Herron responded over the radio and refused to abide by Sergeant Johnson's order.

64. To my recollection, Mr. Herron said, "Sorry Sarge, I just have to do this."

65. Mr. Herron conducted the traffic stop contrary to Sergeant Johnson's direct order and

contrary to a BPD standing order.

66. It is also important to note that I was originally hired to work as a call-taker with BPD,

which was my first position with the agency.

67. The identification card associated with that position specifically states that being a call­

taker is not a sworn position and that call-takers do not have enforcement power within

BPD.

68. Additionally, the issued uniform shirts for call-takers had the word "CIVILIAN" printed

above the badge, indicating that the call-taker is not a sworn officer.

69. After learning that Mr. Herron was not serving as a sworn officer with BPD and that he

was hired as a call-taker, which is an unsworn position, I am concerned that his exercise of

arrest powers under the authority of BPD violated Section 843.08, Florida Statutes.

70. Similarly, I am concerned that he illegally seized and arrested citizens of Bradenton in

violation of the Fourth Amendment of the Constitution.

71. It was obvious that Mr. Herron was not concerned about violating BPD policies or violating

direct orders due to his relationship with Chief Bevan.

 72. The enabling of Mr. Herron's repeated violent behavior by Chief Bevan put all of the

citizens in Bradenton at risk, including any and all BPD officers.

73. In accordance with the oath I swore to serve and protect, I felt motivated to share my

experience on the blatant abuse of power demonstrated by Chief Melanie Bevan and her

command staff.

PATRICK MAHONEY, Affiant

STATE OF FLORIDA

COUNTY OF MANATEE

PERSONALLY APPEARED BEFORE ME, the undersigned authority, duly authorized to

take acknowledgments and administer oaths, PATRICK MAHONEY, after being first duly sworn
on oath, deposes and says: that he is the individual described in and who executed the above and
foregoing document, the statements contained therein are true and correct and is personally known
to me or has produced ·¥(.V� fV\� b1'6 � i\.J-LtS 0\.- 0 a8r id ntification, and has/has not taken
an oath. L''lf ll--llCi\ f·1.-1
WITNESS my hand and official seal in the C unt and State last aforesaid this l 1--day
of August 2022. � ·
.· . . . � _
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NOT RY PUBLIC - STATE OF FLORIDA

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