TBO.com - TBO is Tampa Bay Online

Judge May Spike McDonald's Woman-Versus-Officer Case

Tribune file photo

Jean Merola was 75 on Jan. 17 when an officer arrested her at a McDonald's drive-through in Clearwater, saying she was blocking it and refused to move.

ADVERTISEMENT

By STEPHEN THOMPSON | The Tampa Tribune

Published: June 13, 2008

CLEARWATER - A county judge today said he would consider a motion to dismiss charges against the 76-year-old woman accused of obstructing a McDonald's drive-through, and her attorney said he would attack the arresting officer's ability to tell the truth if the case goes to trial.

Jean Merola was 75 when she arrested Jan. 17 at the McDonald's drive-through at 1934 Hercules Ave. N., after Officer Matthew Parco repeatedly instructed her to move her Lincoln Town Car while she waited for an order of french fries without salt.

Merola eventually was charged with obstructing a public way, a city ordinance. She has rejected an offer by prosecutors to plead guilty and pay an $88 fine.

As she has done since her arrest, Merola maintained her innocence today.

"I never did anything wrong," Merola said outside the criminal justice center.

Steve Andrews, her attorney, argued today before County Judge Patrick Caddell that the charge should be dropped because the allegations against Merola did not meet the elements required for a violation of the city ordinance.

For instance, he said, the ordinance requires that she willfully obstructed an area so as to endanger the safe movement of pedestrians and vehicles, but, according to Andrews, there was no evidence she did that.

"They can't prove this charge," Andrews said. "They can't show willfulness."

Assistant State Attorney Robin Allweis countered that Merola did endanger McDonald's patrons because, as a result of her actions, the line of motorists waiting to get their food grew to the point that McDonald's employees were bringing their orders outside to them.

Caddell said he would take the motion to dismiss under advisement. He made no ruling this morning.

Andrews said that if the case is not dismissed, he wants to cross-examine Parco about his recent "separation" from the Clearwater Police Department. Parco resigned last month after he was accused of acting inappropriately with a 15-year-old girl during a child custody pursuit, according to police documents.

Specifically, Parco was accused of firing his department stun gun into his squad car windshield as part of a demonstration to the teen; of using a computer in his squad car to show the teen and the teen's mother a video of a cow being shot with a stun gun; and of using chewing tobacco in front of the girl and offering her some.

Parco was found to have been untruthful about the call. Though he said he didn't use his stun gun or play the cow video, investigators were able to access databases that showed he did fire his stun gun and play the cow video, police documents have shown.

Caddell said that while he is not interested in a public pillorying of anyone in court, he acknowledged that bringing up an incident that relates to the honesty of a witness is fair game.

Reporter Stephen Thompson can be reached at (727) 451-2336 or spthompson@tampatrib.com.

Share this:

Loading Comments...

Email Print

ADVERTISEMENT