Brooksville officer fired for computer files hunt

A leave denied and volatile comments lead to actions that cause a veteran's dismissal.

By JOEL ANDERSON and JOHN FRANK, Times Staff Writers
Published December 28, 2007

BROOKSVILLE - A Brooksville police officer was fired last week for reportedly leaving her position to dig through computer files of her immediate supervisor.

Diana Lopez, 41, a two-year veteran of the Brooksville Police Department, was accused of looking into another officer's files on a shared computer in the patrol office, according to new documents released Thursday.

An administrative review of Lopez's case, which was conducted solely by Chief George Turner, concluded she violated 13 departmental policies - many of them repeatedly - by accessing the files of interim Sgt. Josh Caldwell.

It ended with a disciplinary hearing Dec. 19 and her dismissal two days later.

"She hunted" for those files, Turner said. "She admitted to going into that computer for one reason."

Lopez's attorney Michael Krohn said Lopez plans to appeal her termination.

"I have never seen an agency in the State of Florida treat someone with such unjust discipline ever," he said. "I'm telling you I have done hundreds of these internal affairs. ... There is no justification or facts supporting the justification for firing they came up with."

The trouble started more than a month ago, when Lopez asked Turner if she could use four days of personal leave during the Christmas holidays. Turner denied the request because another officer, Shane Derryberry, had made a similar request that had been already approved.

Turner told Lopez she should speak with Derryberry to see if they could work out a compromise. Instead, Lopez asked Caldwell to intercede. Caldwell later told her that Derryberry wouldn't be able to change his plans.

Lopez became "very angry" and "made the spontaneous utterance that the officer (Derryberry) ... would need her one day and she would not help him," according to a department memo dated Dec. 7.

Caldwell wrote in the memo "that concerned me into thinking that she would not help him in a situation on the street for example."

The department then initiated an inquiry to determine the intent of Lopez's statement, and Turner told Caldwell to summarize the conversation in a confidential letter to the city's attorney.

Turner did not initiate a formal internal investigation. Lopez later apologized for those comments and Turner said her remarks were not a reason for dismissal.

Later that day, Turner observed Lopez - who was assigned to a "seated security post" because of a recent ankle injury - pacing around in department's employee parking lot.

Turner said he saw Lopez hand a sheet of white paper to someone in a white sports utility vehicle, which was later identified as belonging to her husband.

Minutes later, Lopez approached Turner "upset and on the verge of crying" and asked to speak to the chief in his office, according to a report. In that meeting, Lopez handed Turner a copy of the confidential letter that was meant for the city attorney.

Turner asked Lopez how she obtained a copy of the letter and she admitted printing it off the computer in the patrol officers' room. Lopez was then asked to demonstrate for Turner and Caldwell how she opened the file.

Other infractions

Lopez told the officers that she looked into the file because Caldwell and Lt. Rick Hankins had been whispering throughout much of the day and she wanted to know what Caldwell was "up to."

In the subsequent investigation, Turner found that Lopez had left work without permission, stole property and failed to obey a supervisor's directive, among other violations.

Lopez' personnel file shows that she received written reprimands twice in the past six months for missing court appearances. She also received a written reprimand in 2006 for driving into a guardrail.

Joel Anderson can be reached at joelanderson@sptimes.com or 754-6120.

[Last modified December 27, 2007, 23:40:03]