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Judge Dismisses Restraining Order On Tampa Officer

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By VALERIE KALFRIN | The Tampa Tribune

Published: November 1, 2007

TAMPA - A circuit court judge has dismissed a temporary restraining order against a Tampa police officer, citing insufficient evidence, court records show.

Donald Lunsford, who lives less than one-quarter mile from Tampa police Cpl. Gene Strickland in Lithia, obtained the injunction last month ordering Strickland to stay at least 100 feet away from Lunsford and his 17-year-old son.

Strickland was off duty when he used a Taser to detain the teenager and a 15-year-old friend for about 45 minutes after finding them on a neighbor's property without permission, records show.

Wednesday, the court did not grant a permanent protective order because of insufficient evidence, court records show.

Lunsford had sought a protective order on the grounds of "repeat violence," the only option available to him as a neighbor. Other protective orders are based on domestic relationships.

The judge found that Lunsford had not established there had been more than one act of violence, Lunsford said.

"I am disappointed, but I think I got Mr. Strickland's attention," Lunsford, 40, said Thursday. "I don't think he'll be touching another kid."

A permanent protective order would have cost Strickland the ability to carry a weapon when off duty, based on Tampa Police Department policy.

The department is investigating Lunsford's complaint that Strickland overstepped his authority during the incident Oct. 2. Department policy prohibits employees from using their authority in family or neighborhood matters unless the situation is a serious crime or involves self-defense.

Strickland, 51, confronted the teenagers about 5 p.m. Oct. 2 on land that borders the Alafia River, according to a Hillsborough County Sheriff's Office report and a 911 call. Deputies did not criminally charge the teens but warned them against trespassing.

On the tape, Strickland says he is wearing his gun belt but is not in uniform. After Lunsford's son, Donnie, says on the tape that Strickland takes his job "too seriously," Strickland replies, "I'm not doing my job. Right now I'm being a homeowner, brother."

Strickland's attorney, Chip Purcell, could not immediately be reached Thursday but previously said that Strickland was being a good neighbor. He has a verbal agreement with the property owner to watch her property for trespassers.

Strickland detained the teens specifically so they could receive the formal trespassing warnings, Purcell said. If they return to the property, they will be arrested, he said.

Reporter Valerie Kalfrin can be reached at (813) 259-7800 or vkalfrin@tampatrib.com.

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