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Ex-Deputy Cleared Of Falsifying DUI Cases

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By MIKE WELLS, The Tampa Tribune

Published: December 20, 2007

TAMPA - Former Hillsborough County Deputy Daniel Brock may have lost his job, but he gets to keep his certification as a Florida law enforcement officer.

A review by the Florida Department of Law Enforcement's Criminal Justice Standards and Training Division exonerated him of allegations that he falsified DUI arrest records, said Brock's attorney, Jeffrey Blau.

Brock, who was the sheriff's top deputy for DUI arrests, was fired in May after an internal affairs investigation determined he ignored the department's standard operating procedures for making arrests, failed to turn in DUI reports at the end of his shift, and wrote reports days later from memory rather than using field notes.

According to internal affairs investigation documents, Brock's termination stemmed, at least in part, from the state attorney's office declining to use his testimony in any DUI cases. The documents stated that Brock no longer was considered credible after they found what they considered discrepancies between his reports and video evidence.

As a result, prosecutors dropped dozens of DUI cases he made.

In a letter dated Nov. 14, FDLE notified the sheriff's office that the alleged misconduct either did not meet the state's criteria for disciplinary action or could not be proven. Filling out reports after a shift has ended is not prohibited, Blau said.

A criminal investigation was conducted into official misconduct, but the state attorney's office declined to prosecute, the letter said.

"He may have violated a department policy but there was no moral character violation," Blau said.

Brock moved to Tennessee a few months ago, where he works for the Transportation Safety Administration. He received a copy of the FDLE letter regarding its review of the case on Dec. 10, Blau said.

"He's a good law enforcement officer," Blau said Wednesday. "This in many ways exonerates him of the allegations of criminal misconduct. He was pleased at being exonerated and vindicated for the filing of and falsifying of records."

In September, Brock settled a federal civil right's lawsuit with a Valrico woman who accused him of using excessive force in arresting her and her minor daughter. His attorney declined to discuss the terms of that settlement.

The sheriff's office settled its portion of the case for $100,000.

Brock has a civil claim pending against the sheriff's office, Blau said. A letter of intent has been or will be mailed within the next week, the attorney said.

This year, Brock filed an injunction against the sheriff's office to get reinstated as a deputy. That case is in the appeal process, Blau said.

In addition, Brock is suing The St. Petersburg Times, and a hearing in that case is set for January, Blau said.

Messages left for sheriff's officials seeking comment were not immediately returned Wednesday.

Reporter Mike Wells can be reached at (813) 259-7839 or mwells

@tampatrib.com.

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