Press release no substitute for official police 'incident report'

DBPD Chief Michael Chitwood / Headline Surfer®SDPD Chief Ron Wright / Headline Surfer®State Attorney RJ Larizza / Headline Surfer®Photos for Headline Surfer® /
Daytona Beach Police Chief Michael Chitwood, shown far left, is a walking press release to media outlets, especially TV camera crews, and print media outlets that don't dare challenge his authority while South Daytona Police Chief Ron Wright, shown in the middle, prefers a press release with scant little information to an actusl police report. And State Attorney RJ Larizza has demonstrated weakness in enforcing Florida's Sunshine and Public Records Laws.

DAYTONA BEACH -- That a Daytona Beach Cop and a South Daytona cop opened fire and killed a fleeing rape suspect in the rear of a South Daytona tanning salon a week ago is not something this media outlet is questioning.

To the contrary, based on 18 pages of documents released by the Daytona Beach Police Department on Monday, it appears the officers acted responsibly in using deadly force, feeling their lives were threatened by a suspect who had allegedly just raped a woman at gunpoint and raised the same weapon when confronted.

But what has become all too troublesome is Daytona Beach Police Chief feeding details to media outlets that report what he says without question. And even though it was South Daytona's case, 100 percent of the reporting came from Chitwood as demonstrated in what was published in the Daytona Beach News-Journal and the Orlando TV stations.

Only one media outlet was left in the dark -- Headline Surfer®. Chitwood has blackballed the internet newspaper since it won two Florida Press Club journalism awards in 2012 for an investigative story on a patrol supervisor he promoted to captain despite well-documented allegations of sexual harassment of woman cops under his command.

All the internet newspaper had to rely on was a press release from South Daytona that had scant few details when it was emailed at 6:32 p.m. 

There was no mention in the press release that a woman had been raped by this fleeing suspect; only that she was a "victim" and that the man killed was "armed" but with what wasn't provided.

All the internet newspaper had to rely on was a press release from South Daytona that had scant few details when it was emailed at 6:32 p.m. There was no mention in the press release that a woman had been raped by this fleeing suspect; only that she was a "victim" and that the man killed was "armed" but with what wasn't provided.

Here is the entirety of the press release sent out by Jeanne Willard, public information officer for the South Daytona government, with instructions to contact SDPD PIO Lt. Dan Dietrich:

At approximately 3:48 p.m. officers from both South Daytona and Daytona Beach Police Departments responded to a silent hold-up alarm at 927 Beville Road. Upon arrival, the officers found the front door to the business (Hot Tans) locked, which is not a normal occurrence during business hours. Two officers, one from each agency, went to the back of the business, while officers remained in the front. The victim ran out the front door, followed by an armed male. When the suspect spotted the officers he ran to the back of the business and exited the rear door. At that time both officers fired upon the suspect, who was transported to Halifax Hospital where he was pronounced dead. We have no further information on the female victim at this time, other than she was the only person in the business at the time of the incident. The names of the two officers involved in the shooting have not been released and FDLE will be handling that end of the investigation.
 

With Chitwood feeding the information, The News-Journal was able to write a more complete story, right from the opening paragraph clear in its reporting from the onset, writing in the lead paragraph: SOUTH DAYTONA — An armed sexual assault suspect was shot and killed Tuesday afternoon by officers responding to a Beville Road tanning salon, Daytona Beach Police Chief Mike Chitwood said.

As it turned out, the young woman was actually the victim of a sexual battery -- a legal term -- meaning she was raped, and at gunpoint no less.

When Headline Surfer questioned the information coming out of the South Daytona PD the next day, the internet newspaper received the following email from Dietrich at 11:01 a.m.: 

At this time I can confirm what Chief Chitwood stated to media sources, That yes a sexual assault had happened in the tanning salon. The suspect was asked to leave a Massage Business earlier that is next door to the Hot Tan business. Because the owner advised investigators that the suspect “creeped her out” as he asked for a massage. Still cannot advise what type of pistol the suspect had at the time, that has been turned over to FDLE. SDPD is investigating the Robbery and Sexual Assault.
 

All the while, South Daytona had an "incident report" dated and signed that very same day with details the top brass in the police department didn't want out to the public until the Florida Department of Law Enforcement could look at the situation, based on supplemental statements and reports.

As you'll read in the internet newspaper's sidebar story headlined, "South Daytona cops ignore public records request for 'incident report' on fatal shooting of rape suspect," the refusal to comply with multiple requests by phone and in writing via e-mail were ignored and these were willful acts by the SDPD led by Chief Ron Wright.

Headline Surfer® always asks for the incident report in major breaking news stories among law ehforcement agehcies throughout CDentral Florida. And for the most part, police agencies, including Chitwood's have complied.

But Police departments like to use press releases because this way they can control what information is going out to the press and it buys them time. But they know that when a formal public records request is made, the documents have to be released, unless the cop shop can demonstrate in writing an exemption in the statute that allows them to hold onto the information. 

After a series of verbal requests were ignored, Headline Surfer put its request in writing Thursday via email, and again on Friday and Saturday. But six full days passed before infiormation that should have been released from the onset, was purposely withheld for nearly a week and it was intentional.

South Daytona PD knew there was nothing that it could conceivably legally resect as part of an ongoing investigation. After all, the only suspect in question was dead. Police Chief Wright's attitude when confronted by phone Monday after previous calls were ignored, was why was Headline Surfer® the only media outlet complaining.

The answer was simple: With Chitwood calling the shots on who gets what and Wright's agency putting out lame press releases, there wasn't a level playing field.

South Daytona PD knew there was nothing that it could conceivably legally resect as part of an ongoing investigation. After all, the only suspect in question was dead. Police Chief Wright's attitude when confronted by phone Monday after previous calls were ignored, was why was Headline Surfer® the only media outlet complaining. The answer was simple: With Chitwood calling the shots on who gets what and Wright's agency putting out lame press releases, there wasn't a level playing field.

Headline Surfer® made it clear it was going to file formal complaints with the State Attorney's Office and the with Florida Attorney General's Office and hold him accountable.

That process was started Monday afternoon.

Maybe the traditional print media is satisfied with press releases, including the walking press releases that are Chitwood, but this media outlet relies on public records to support the integrity of its award-winning published stories.

Perhaps the Office of State Attorney R.J. Larizza will give a free pass to Soyth Daytona PD like it did when Headline Surfer® filed a criminal complaint affidavit earlier this year against three members of the Southeast Volusia Advertising Authority -- Chairman Tom Clapsaddle, Vice Chairman Tony Stagi and board member Gene Sheldon -- as well as its director, Carl Watson, for breaking the Sunshine Law by discussing "who's the rat" in a string of emails after the internet newspaper reported Watson, Clapsaddle and office manager Sherry Henderson, were all treating themselves and others to hundreds of dollars in free meals on an SVAA credit card, putrchases that weren't authorized.

Larizza gave the SVAA violators  a free pass by ordering the entire tourism board to attend a May 20 workshop on the Sunshine Law. What's the state attorney going to do with South Daytona PD's Chief Wright and Company? Send them to Public Records class or is he going to uphold the law this time? 

After the fiasco with the SVAA, the internet newspaper also is filing a formal complaint with the Florida Attorney General's Office, to ensure the integrity of Florida's Government in the Sunshine and Public Records laws are upheld. 

Larizza gave the SVAA violators  a free pass by ordering the entire tourism board to attend a May 20 workshop on the Sunshine Law. What's the state attorney going to do with South Daytona PD's Chief Wright and Company? Send them to Public Records class or is he going to uphold the law this time? After the fiasco with the SVAA, the internet newspaper also is filing a formal complaint with the Florida Attorney General's Office, to ensure the integrity of Florida's Government in the Sunshine and Public Records laws are upheld. 

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