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Judge Nixes Bid To Kill McDonald's Drive-Through Case

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By STEPHEN THOMPSON | The Tampa Tribune

Published: June 20, 2008

CLEARWATER - A county judge this morning dismissed a motion to drop charges against Jean Merola, the 76-year-old woman arrested in January and accused of blocking the drive-through at a McDonald's.

Judge Patrick Caddell said prosecutors were acting in good faith when they charged Merola with obstructing a public way, a Clearwater ordinance. Merola's attorney, Steven Andrews, had argued in a motion to dismiss the charge that prosecutors could not show Merola willfully obstructed the drive-through.

Merola was 75 when she was 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 that she plead guilty and pay an $88 fine.

Andrews had said the charge should be dropped because the allegations against Merola do not qualify as a violation of the city ordinance.

For instance, he said, violating the ordinance requires intentional obstruction of an area in a way that endangers the safe movement of pedestrians and vehicles. There was no evidence of that, he said.

"They can't prove this charge," Andrews said at a hearing last week. "They can't show willfulness."

Assistant State Attorney Robin Allweis countered that Merola did endanger McDonald's patrons because the line of vehicles grew to the point that McDonald's employees were delivering orders to automobiles.

Andrews has said that if the case is not dismissed, he will attempt to cross-examine Parco about his recent departure from the Clearwater Police Department. Parco resigned in May after he was accused of acting inappropriately with a 15-year-old girl during a child custody call, according to police documents.

Parco was accused of firing his department stun gun at 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 her 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. He said he didn't use his stun gun or play the cow video, but investigators were able to access databases that showed he did fire his stun gun and play the cow video, police documents have shown.

At the hearing last week, Caddell said that while he is not interested in a public pillorying of anyone in court, 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.

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