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Deputy loses job, not free housing

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By RAY REYES

rreyes@tampatrib.com

Published: October 31, 2009

Updated: 10/31/2009 12:34 am

TAMPA - When he was a Hillsborough County sheriff's deputy, Michael Cartwright signed an agreement with the county allowing him to live in a mobile home at a Brandon park without paying rent.

The county's parks and recreation department also paid for Cartwright's cable TV, electricity, water and telephone services. In return, Cartwright provided a law enforcement presence at Saladino Park by patrolling the property and performing other security checks.

When the sheriff's office fired him in August 2008, the county gave him 30 days to leave.

More than a year has gone by, and the former deputy still lives there, rent-free.

Cartwright, a 21-year veteran of the sheriff's office, was fired after internal affairs detectives looked into allegations that he brandished his gun at a motorist in January 2008 and had threatened a different man in February 2008, court records show.

The parks department had a right to end the rent-free living arrangement with Cartwright at any time and for no specific reason, according to documents both parties signed. However, Cartwright has asked for, and received, five extensions to stay at the park, according to letters from the former deputy to the department.

The first extension was granted on Jan. 20 as Cartwright appealed his firing to the Hillsborough County Civil Service Board. The department allowed him to stay until the proceedings were finished.

The board upheld the sheriff's office decision and Cartwright asked a judge to overturn the ruling. But Circuit Judge Sam D. Pendino refused, dismissing the request June 19 and saying Cartwright failed to state a legal reason why it should be reversed.

During that time, the county gave Cartwright until June 1 to leave the park. He was denied a request to pay "a reasonable sum for monthly rent" while he looked for another job, but the officials delayed kicking him off the property "in an effort to be cooperative during tough economic times," according to a March 3 letter from the county to Cartwright's attorney, Richard Meyers.

The goodwill soon wore thin.

"Hillsborough County has been more than patient," county attorney Rosemary Perfit wrote to Meyers on July 31. "Mr. Cartwright should have been making preparations to move by now."

The department agreed to give him until Aug. 8 to vacate, "otherwise, he will be considered trespassing," Perfit wrote.

The county has not asked deputies to cite Cartwright for trespassing, sheriff's spokeswoman Debbie Carter said.

Meyers said Friday that his client still lives at the park but declined further comment.

As for whether Cartwright will be cited for trespassing or served an eviction notice, "it is all incumbent on what the county wants us to do," Carter said.

Parks department officials could not be reached Friday for comment because county employees were taking a furlough day.

In his appeal of the deputy's firing, Meyers argued Cartwright was targeted by the sheriff's office because his client discussed job-related grievances to a police union.

The sheriff's office has denied Meyers' claims and internal affairs detectives wrote in their report that motorist Michael Ippolito - a retired New York City detective - had pulled alongside Cartwright's vehicle to ask for directions, court records show.

Detectives say Cartwright rolled down his window, drew his agency-issued firearm, pointed it at Ippolito and yelled, "Do I know you?" documents show.

Meyers argued that Cartwright did not know Ippolito was a detective and that the man had pulled up extremely close to Cartwright's vehicle, the court filings state. Cartwright drew his weapon because he feared Ippolito was blocking him in and that he was in danger, Meyers wrote in the appeal.

In the second incident, Cartwright and another man got into a dispute after their vehicles nearly crashed on Feb. 15, 2008, a court filing shows.

Cartwright "behaved in a manner totally inconsistent with the standards reasonably set for a law enforcement officer," sheriff's attorney Tony Peluso told Meyers in an e-mail.

Meyers argued that the man threatened to use a gun on Cartwright. Peluso wrote in his e-mail that Cartwright admitted during the internal investigation that he threatened the man and tried to frighten him, violating several agency conduct codes in the process.

Cartwright wanted criminal charges filed against the man. But Circuit Court Judge James D. Arnold threw out Cartwright's request Friday, saying the former deputy provided no legal reason why the other motorist in that incident should be charged.

Cartwright filed defamation lawsuits against his two accusers, a tactic that Peluso said was "intended to frighten and coerce" the men "into recanting their testimony."

Those lawsuits are still pending.

Reporter Tom Brennan contributed to this report. Reporter Ray Reyes can be reached at (813) 259-7920.

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