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Proposed Law Ups Ante For Assaulting Police Explorers

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By VALERIE KALFRIN | The Tampa Tribune

Published: December 23, 2008

TAMPA - A teenage Police Explorer being struck on the head a year ago while helping a Tampa police officer has led to a bill calling for prison time in similar attacks.

If enacted, House Bill 57 would make assault or battery of an on-duty "law enforcement Explorer" a third-degree felony punishable by up to five years in prison – the same penalty for a similar attack on a law enforcement officer.

"It's gonna make people think twice," said Master Patrol Officer Robert Tungate, who worked on the legislation and supervises the Police Explorer program.

State Rep. Betty Reed, D-Tampa, is sponsoring the bill.

State statutes already offer this enhancement to breath-test technicians, emergency medical personnel, firefighters, transit employees and other civilians in public-safety work, Maj. Sophia Teague said today. It seems natural to include the Explorers, because they wear full uniforms and assist police, she said.

A law-enforcement Explorer is a youth who volunteers with an agency each month to learn about the rigors of a police career. Tampa's 35 Police Explorers range in age from 14 to 20 and help officers with filing, cataloging evidence and handling parking at parades and special events.

The Explorers always are under an officer's supervision and are cautioned not to get involved with arrests and crimes in progress, Tungate said.

On Christmas Eve 2007, however, Raidel Martinez, now 17, jumped into a struggle between a burglary suspect and Cpl. Daniel Hernandez when he saw the man clubbing Hernandez on the head with the officer's metal baton, police said.

The man struck Raidel "square in the forehead" with the baton, knocking him backward and knocking off his glasses, Tungate said.

"He got right back in the fight," yanking the baton away and helping Hernandez tackle the man as the man struggled for the officer's gun, Tungate said.

Martinez, a Jefferson High School student, had a hematoma on his forehead but otherwise was fine. Police Chief Stephen Hogue honored him with the departmental Award of Merit.

The burglary suspect was charged with multiple offenses and received nine years in a state prison, Tungate said.

Martinez said he had radioed for backup but felt compelled to join the brawl. "It's just like a regular police officer. You're going to be behind your partner 100 percent," he said. "Even though we got hurt, we were able to go home at the end of the shift."

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

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