Man says anti-Semitic remark sparked threat

A city official denies making the comment Howard Schultz says provoked him Monday.

By KELLEY BENHAM, Times Staff Writer
© St. Petersburg Times
published December 20, 2002

TARPON SPRINGS -- After billing the city one too many times for a tree removal job, a contractor grew miffed at officials who questioned him. So, police said, he threatened to break their legs.

Howard Schultz, 66, co-owns All Tree Service, which removed two oak trees in the 300 block of Harrison Street in June.

Schultz, who lives in Tarpon Springs, was paid three times for those two trees. He said it was an honest billing mistake. Police said it was stealing.

"I've never stolen 10 cents in my life," Schultz said Wednesday. He was released Tuesday, after posting $10,000 bail at the Pinellas County jail, where he had been booked on charges of grand theft and threatening a public official.

Schultz said the city owed him $825 for the two trees -- $375 for one tree and $450 for the other.

He was paid $275 for one tree on Oct. 11. On Nov. 1, he was paid two more times: $375 and $450, with city credit cards.

After the payments, the city realized the mistake and sent Schultz a letter suggesting that he had made a billing error.

Schultz met Monday with city purchasing director Randall Dault and public services administrator Paul Smith Monday at City Hall to discuss the matter.

The meeting became volatile right after the handshakes, Schultz said.

"He accused me of stealing," Schultz said of Dault. "I told him absolutely not. Anyway, we got in a very heated argument."

Schultz said he yelled and cursed at Dault. Then Dault asked him to leave.

Accounts differ on what happened next.

Police said Schultz told the two officials: "I know where you both live, and you will be sorry." Schultz told a detective he'd threatened to break the officials' legs, police said.

Schultz said Wednesday that he did not know where Dault and Smith live.

He also said he had not threatened to break their legs. But he did say something close, he said, because he was provoked.

Schultz said he heard Dault mutter under his breath, "All the Jews are the same."

"I said, "I should break your f------ legs for that,' " Schultz said. Later, he said his comment was something more like, "You should have both your legs broken for that."

Dault said he had not made the comment that Schultz claims so enraged him.

"That is completely untrue, and we have witnesses to that effect," Dault said Thursday.

After the meeting, both sides called police.

Schultz said he asked police to arrest Dault, but they would not. Later, during a police interview, Schultz told detectives that Dault had made an anti-Semitic remark, Tarpon Springs police Sgt. Jeffrey Young said. Police arrested Schultz that day.

Schultz also said that after he got out of jail, he called the Anti-Defamation League in Miami to complain about Dault. Art Teitelbaum, southern area director, said Schultz might have called, but his office does not have a record of the call. The ADL is not involved in the matter, he said.

The extra billing that led to the argument was a simple mistake, Schultz said.

The city lost the first invoices he sent for the two oak trees, he said. When he sent a new set of invoices, he mistakenly billed the city $275 for the tree that should have cost $375. In his bookkeeping, he did not connect the $275 payment with the invoice because he was expecting a different amount.

He said his record-keeping was further complicated because the city asked him to submit a third set of invoices after its budget year changed.

"It's paperwork. I'm sending invoices, they're losing them," he said. "It was nothing intentional. They had me going crazy with billing. I am not a criminal."

Schultz has done work for the city since 1999 and said he had never had a problem before.

"I have never billed anybody for more than I've done," he said.

Dault did not want to comment on specifics but said Schultz had a history of submitting duplicate invoices. Smith, through his secretary, also declined to comment. City Manager Ellen Posivach did not return a call Thursday.

-- Kelley Benham can be reached at (727) 445-4182 or benham@sptimes.com .

© 2006 • All Rights Reserved • St. Petersburg Times
490 First Avenue South • St. Petersburg, FL 33701 • 727-893-8111

Contact the Times | Privacy Policy
Standard of Accuracy | Terms, Conditions & Copyright