TBO.com - TBO is Tampa Bay Online

Investigator: Baker Act was right call

ADVERTISEMENT

By KYLE MARTIN, Hernando Today

Published: November 20, 2007

BROOKSVILLE - An in-house investigator concluded that a deputy was in the right for taking a man into custody under the Baker Act - even though a doctor later said the suspect didn't meet the criteria.

The victim, Walter Fallica, later complained in a letter to the sheriff's office that he felt his constitutional and civil rights were violated and that he was taken against his will.

The letter reads: "No one should have to be subjected to the Gestapo tactics of the Hernando County Sheriff's Department's testosterone ridden cowboys."

The catalyst for the letter dates back to April 30, when Fallica's live-in girlfriend dialed 911 because Fallica was having chest pains. In the call, Christina Stephenson says that Fallica is "going off like a nut case" and that "he needs to be Baker Acted," according to a report.
Medics were the first to arrive at Fallica's Brookridge home, but Fallica wouldn't let them get near him. He reportedly armed himself with a samurai sword from his closet and told them to "get the f- out of my house."
Medics backed out and waited for law enforcement. Deputy Darrin Burger warned Fallica that chest pains could mean a fatal heart attack was pending. Fallica allegedly replied that, "today is just as good a day to die as tomorrow."

When Fallica got out of his chair to fetch a cup of coffee, Burger and another deputy took him to the ground and handcuffed him. "I started at that point really ranting and raving," Fallica later told a sheriff's investigator.

Burger and Detective Anthony Scarpati agreed that Fallica should be Baker Acted because of his refusal of medical assistance and the "incident with the sword." The Baker Act allows authorities to place someone who poses a threat to himself or others in temporary custody for mental evaluation.

But when the pair arrived at Oak Hill Hospital with Fallica for medical clearance, a doctor refused to do so without an evaluation. The doctor also informed Deputy Burger that Fallica did not meet the criteria for a Baker Act.

Fallica was released after a medical examination and not charged with a crime.

An investigator later concluded that Burger was correct in using the Baker Act. She points to Fallica's behavior, prior medical history, refusal of treatment and the casual statement about dying.

A charge of unsatisfactory performance by Burger was not sustained.

In a separate bureau-level investigation, a deputy received a written reprimand because he did not adequately investigate a burglary.

On Sept. 10, Brandi Smith called the sheriff's office because medication and jewelry had been stolen from her trailer.

She later complained that Deputy Michael Valenti did not take photographs of the scene or dust for prints. To his credit, Valenti did interview the victim, her neighbor and canvass the house for clues.

Smith was upset because Valenti reportedly told her that "there was not really anything that could be done."

Valenti spent 24 minutes at the house. The average burglary investigation in the past three months took an hour and 12 minutes.

Reporter Kyle Martin can be reached at 352-544-5271 or kmartin@hernandotoday.com.

Share this:

Loading Comments...

Email Print

ADVERTISEMENT