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Charges dropped in Corrections banquet brawl

"Conflicting stories" sank the battery cases against three officers, a prosecutor says. One has quit; two remain on leave.

By ALEX LEARY
Published January 31, 2006

TALLAHASSEE - Prosecutors on Monday dropped charges against three state corrections officers accused of partaking in a beer-fueled slugfest in April, but rebuked their conduct as "an embarrassment to all state of Florida employees."

The Leon County State Attorney's Office looked over hundreds of pages of investigation files but was unable to determine whether the officers' actions during a softball banquet here were accidental, intentional or ever occurred.

"There were too many conflicting stories," said assistant state attorney Phil Smith, who oversees misdemeanor prosecutions.

Initially, the three men - Maj. James A. Bowen, Allen Clark and Col. Richard A. Frye - were charged with felony battery, but the charges were later reduced to simple battery, a misdemeanor carrying a maximum penalty of just under a year in jail.

The fracas took place on April Fool's Day at the Florida National Guard Armory in Tallahassee. Many officers were in town for a softball tournament. Things heated up when James Edward O'Bryan, 38, husband of corrections Maj. Cathi O'Bryan, slipped in a puddle of vomit and beer, pulling a woman down with him.

Clark was accused of straddling O'Bryan and slugging him in the face while Frye and Bowen kicked and punched him. O'Bryan left bloodied but refused to press charges, telling investigators he feared his wife would be fired or transferred to a faraway prison.

Clark was then in charge of all North Florida prisons and became the target of a criminal investigation regarding steroid use among guards and misuse of funds. He has since resigned.

Bowen and Frye were placed on unpaid leave in November. Bradley Tunnell, son of Florida Department of Law Enforcement Commissioner Guy Tunnell, was also relieved of duty for the incident but did not face criminal charges. He was accused of using profane language and threatening an officer who helped O'Bryan to his car.

On Monday, corrections spokesman Robby Cunningham said Bowen and Frye's pay would be reinstated but they would remain on leave pending outcome of an inspector general's report. Tunnell remains on leave.

Lawyers for both men said the action vindicates them and they deserve back pay. "All he did was try to break it up," said Bowen's attorney, Steve Andrews.

"As I said from the beginning, Col. Frye didn't break any laws ... and he never should have been arrested or charged," added attorney Gloria Fletcher.

[Last modified January 31, 2006, 12:59:23]