Fired deputy can still be officer

Federal prosecutors will look into whether his handling of DUI cases warrants charges.

By COLLEEN JENKINS, Times Staff Writer
Published December 21, 2007

ADVERTISEMENT [Daniel Wallace | Times] Daniel Brock arrested 58 people whose blood-alcohol level was not illegal, a review found.

TAMPA - Daniel Brock remains certified to work as a law enforcement officer in Florida, despite being fired from the Hillsborough County Sheriff's Office over his handling of DUI cases.

In documents released by Brock's attorney this week, the Florida Department of Law Enforcement said it found insufficient grounds for it to take disciplinary action against the former deputy.

On Thursday, the Hillsborough State Attorney's Office said federal prosecutors will take over the investigation into whether Brock's actions warrant any charges.

"Given the various federal legal issues involved, we have jointly determined the United States Attorney's Office is the appropriate agency to lead this investigation," Assistant State Attorney Pam Bondi said in a prepared statement.

She would not elaborate on the specific federal legal issues.

Steve Cole, spokesman for the U.S. Attorney's Office, confirmed that the State Attorney's Office asked federal prosecutors to review the case along with the FBI.

"At this point, we really can't speculate on what, if any, charges there may or may not be," Cole said.

Multiple attempts to reach Brock's attorney for comment Thursday were unsuccessful.

Once one of the county's most aggressive DUI watchdogs, Brock lost his job May 24. An internal review by the Sheriff's Office concluded that he arrested 58 people with blood-alcohol content below the legal threshold.

The review cited cases in which he didn't submit evidence of suspicious driving behavior, positive urine samples or video to back his accusations of impairment.

Brock now works for the Transportation Security Administration in Tennessee but is fighting to be reinstated.

The FDLE's decision to close its review means Brock could apply for a job at another Florida law enforcement agency.

The state agency found that Brock's misconduct either did not meet the criteria for disciplinary action by FDLE or could not be proven, according to two Nov. 14 documents.

FDLE staff members investigated whether Brock improperly amended a July 2006 DUI incident report.

Brock told FDLE investigators that he changed a report about two weeks after writing the original.

Explaining its decision not to discipline Brock, the state agency noted a Jan. 31, 2007, memo by sheriff's Capt. John C. Marsicano.

In the memo, the captain said Brock's intent for the changes was for "clarification and accuracy and not an intent to falsify."

"He indicates that Brock's actions are a violation of the agency's Standard Operation Procedures," the FDLE report states. "Staff concurs and recommends that this case be closed as a violation of agency policy with no moral character violation."

In a letter to Hillsborough Sheriff David Gee, an FDLE official wrote that "determinations by the Commission are separate and distinct from any employing agency action, and in no way reflects upon their investigation, findings, conclusions, and/or disciplinary action."

Sheriff's spokeswoman Debbie Carter said the FDLE investigation will not affect Brock's standing with his former employer.

"It in no way changes our decision regarding his employment," she said.

Times staff writer Kevin Graham contributed to this report. Colleen Jenkins can be reached at cjenkins@sptimes.com or 813 226-3337.

[Last modified December 21, 2007, 00:15:12]