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Marco police officer says he’s ‘not guilty’ of battery charges
Officer Stephen Mariani will be back to work with full police powers Monday
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Stephen Mariani
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MARCO ISLAND — A Marco Island police officer who was charged with battery, a first-degree misdemeanor, in June pleaded not guilty and will be back in court on the charges in September.
Officer Stephen Mariani, 49 helped break up a drunken brawl outside a bar in February. Mariani was charged with battery June 17 after it was revealed that he struck two of the men he arrested. He also used pepper spray on them while they were handcuffed in the back of his squad car.
Mariani was not arrested. He was put on administrative duties without police powers from February 22 through August 10. Mariani, who earns $50,603 a year, was then suspended August 10 without pay. He will be back to work with full police powers August 25.
Mariani started with the Marco Island Police Department in May 2006 after retiring from a 20-year career as a sergeant with the New York City Police Department.
“I’m working on getting him back on the street where he belongs,” said Police Chief Thom Carr.
When Mariani returns to “the street,” he will remain under a six month probation.
He filed a written plea of not guilty during the July 2 arraignment for the battery charge and will be back in court September 10 for a pretrial hearing.
The hearing will be one day before Mariani turns 50; his birthday is September 11.
Mariani is being represented by a union attorney from the Patrolmen’s Benevolent Association.
Carr said there are at least 10 written statements from witnesses that were “thoroughly disgusted” with the behavior of the men toward the police officer during the drunken melee.
Mariani’s battery charge dates back to a fight outside the Off the Hook Comedy Club at Capt. Brien’s, at 599 South Collier Boulevard, during the winter.
About 11 p.m., Feb. 16, Mariani responded to the club after an employee learned a group of 24 people with tickets waiting to enter the club had been kicked out of another bar, according to a police report from earlier that night.
“This was the first mistake,” Carr said.
He said the club called a police supervisor’s cell phone directly instead of calling the police department or 911 which would have been heard over the police radios, putting all officers on alert of the potential situation.
The second mistake Carr said was Mariani believing he could handle a situation involving 24 people without back up from other officers at the outset.
Mariani reportedly told the large group that if there was a disturbance at the club, the group would have to leave. About 15 minutes later, after being asked three times to behave, club employees requested Mariani remove the group from the club.
They were requested to board their chartered bus, which most of the group did at the officer’s request, according to reports. At this point, an off-duty Marco Island police officer, Hector Diaz, responded to the scene to assist Mariani.
The two officers then were confronted by four members of the group who got off the bus. According to the Collier County Sheriff’s office the men who started the ruckus have known gang affiliations and are “familiar with the system.”
Three of the young men identified were from East Naples: Adrian Polanco, 20, Christopher Raymond Caprari, 21 and Jason Bocardo, 19. The fourth man Anthony Pedro Blanco, 18, is a Marco Island resident. When Diaz identified himself as an officer and reached into his pocket to get his badge, Caprari swung and punched him in the arm, reports said.
Bocardo then grabbed Diaz by the neck and put him in a choke hold before the officer fell to the ground, reports said.
Mariani attempted to help but was pushed and punched by Blanco. He was able to handcuff Blanco, but was then pushed by Polanco, police said.
Carr said one citizen was severely bitten by one of the four men when assisting the police officers in making an arrest.
Several other Marco Island police units responded and with the assistance of several citizens they were able to handcuff and arrest the four men.
Once in a patrol car one of the men kicked out a side window; one of the men faked an asthma attack and was brought to the hospital, Carr said.
Mistake number three occurred, according to Carr, when Mariani was appointed as the officer to transport the three remaining men to the Naples Jail Center.
“You don’t put him back in the car with three still aggravated, very violent men after he just had a confrontation with him. That’s not good procedure,” he explained.
Carr added that three violent men should not be put in a car together under any circumstance.
“There is nothing against the rules there, but it’s just common sense,” he said.
While being transported to Naples Jail Center, three of the men, who were handcuffed in the back of Mariani’s squad car, were verbally abusive, thrashed about and hit their heads against the vehicle’s interior, Marco Island spokeswoman Lisa Douglass told the Naples Daily News in June.
Carr said Mariani did not make it very far in his route to the jail.
“In an attempt to regain control, the officer stopped the vehicle, got out, and opened the rear door as the subjects attempted to exit,” Douglass said. “He struck two of them. He then used pepper spray to control their violent behavior.”
Carr said the three men were not hurt, but were treated due to the use of pepper spray.
The Collier County Sheriff’s Office was called to assist and brought the men to the jail using a paddy wagon.
The next day Mariani reported the incident that occurred in his squad car, which was also caught on tape, Carr said.
An internal investigation was initiated and the case was immediately turned over along with the video to the state attorney’s office, he added.
The pretrial conference is schedule for 10 a.m., Sept. 10, in the Collier County Courthouse.
The police department is currently interviewing lieutenant candidates to fill a vacant position which would serve as an alternate supervisor to assist in a situation such as the one which occurred unsupervised in February, Carr said.
Ryan Mills contributed to this story.
Comments
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So why the battery charge? It sounds like everything was done with proper justification and a judicious use of force in accordance with the arestees' behavior.
#1 Posted by ediemike on August 21, 2008 at 5:11 p.m. (Suggest removal)
The world has changed. Where I grew up, one arrested as a belligerent public drunk kicking out windows whilst spitting on the police driver would likely not live to complain about it. The family would follow suit. Now the cops are charged with crimes for spraying pepper on the same drunks.
#2 Posted by yregrus on August 21, 2008 at 5:28 p.m. (Suggest removal)
Sounds like the officer did what needed doing, I don't see why the state is going after him.
Those vermin would never have gotten away with that in The Motherland, they would have been adequately punished, before being dragged off to Lubyanka.
#3 Posted by Spetsnaz on August 21, 2008 at 5:39 p.m. (Suggest removal)
Mariani should not have transported, as described above. He also should not have stopped the unit, opened the door, committed a battery on two handcuffed subjects, nor used pepper spray. Extremely poor judgement.
I would have given him 30 days suspended without pay, and an extended period in communications dispatching calls.
#4 Posted by 676 on August 21, 2008 at 6:03 p.m. (Suggest removal)
Again..retired NYPD.. This is far from NYPD. Probably wouldve gotten away with that up in some back street in the Bronx.
#5 Posted by whoyacrapin on August 21, 2008 at 6:23 p.m. (Suggest removal)
Where is paul2t, I need his input on this story. He'll have his citizen review board crucify this officer.
#6 Posted by sock_puppet on August 21, 2008 at 6:47 p.m. (Suggest removal)
I know when my kids were young and got in trouble for something....and they started to throw a fit about it....they got their rear ends tore up...problem solved.
#7 Posted by LEOM on August 21, 2008 at 6:58 p.m. (Suggest removal)
"Three of the young men identified were from East Naples: Adrian Polanco, 20, Christopher Raymond Caprari, 21 and Jason Bocardo, 19. The fourth man Anthony Pedro Blanco, 18, is a Marco Island resident."
If these young men had slightly different names and come from Port Royal or Hidaway, what do you bet these out-of-control cowboy cops would be answering to the real felonies committed here?
#8 Posted by paul2t on August 21, 2008 at 7:02 p.m. (Suggest removal)
All of you all pick up your beers and SALUTE this police officer. He is keeping Marco Island safe from scum. None of you people were there, so if you have anything to say in the negative, urine off.
Wow I'm starting to talk like the Brits that I'm hanging out with here.
#9 Posted by slash on August 21, 2008 at 7:23 p.m. (Suggest removal)
"He is keeping Marco Island safe from scum...urine off"
Evidently not, old chap, since you're still around....
#10 Posted by paul2t on August 21, 2008 at 7:28 p.m. (Suggest removal)
Why is this even a criminal investigation against Officer Mariani? This is ridiculous! I agree that another patrolman should have transported but that's an admin issue. I usually agree with 676 however in this case I would say the officer had some responsibility to stop when his prisoners were going to potentially injure themselves (thrashing their heads around). To me the fact that they were handcuffed is a non-issue when the pepper spray was used. According to the article the subjects were "attempting to exit" when Mariani opened the back door. If he had just stopped for no reason, got out, opened the door and started hitting and spraying them for no reason I would feel differently. I hope these 3 idiots get found guilty and are ordered to have to pay Mariani for having to suffer through all this. I don't know you but good luck Officer Mariani!!
#11 Posted by Analytical_Skeptic on August 21, 2008 at 7:31 p.m. (Suggest removal)
I can't get over the fact the officer did this on his own...so he chose to take them down NY style, cuff em, beat em, spray em, nearly kill them in the process.
But all's good, because police brutality is an accepted behavior WHEN U live in NEW YORK CITY!
There's no room for him back on the force on the streets of Marco Island.
#12 Posted by beetlejuice on August 21, 2008 at 7:44 p.m. (Suggest removal)
paul2t I'm currently "out of country". Although I might be scum, I'm looking from the outside at you. Beat off!
#13 Posted by slash on August 21, 2008 at 8:16 p.m. (Suggest removal)
Club them like baby seals!
The officer has my vote.
Ought to know better than drink and become unruly and unresponsive to apropriate authorities on Markup Island.
#14 Posted by chickendog on August 21, 2008 at 8:29 p.m. (Suggest removal)
I dont think the State would go forward with a prosecution of an Officer if they didnt have probably cause, legal grounds, and enough evidence to prove it up. I dont condone the actions of the "victims", however...........
#15 Posted by SandnSurf on August 21, 2008 at 8:34 p.m. (Suggest removal)
HE RAN INTO MY FIST....I'm innocent....kinda...then he ran into my STREAM OF PEPPER SPRAY!
#16 Posted by beetlejuice on August 21, 2008 at 8:50 p.m. (Suggest removal)
#28 rationalone, check yourself, and put the paint can down and quit huffing you have gold paint all over your face.
#17 Posted by sock_puppet on August 21, 2008 at 8:57 p.m. (Suggest removal)
FIRE HIM!
#18 Posted by upnorth on August 21, 2008 at 9:28 p.m. (Suggest removal)
Wow. Seems incredibly weak.
Without more incriminating details, I can't imagine anything in that incident that would justify the prosecutors office bringing charges against the officer.
Not sure why the officer transported the drunks together but I am sure that worse things have happened. If this was a busy weekend, maybe the other Marco officers were tied up?
As for stopping the car? I believe that is standard procedure if an arrestee is busting out a window. They don't want someone jumping out of a moving car.
... and spraying them with pepper spray does not seem over the top when you consider the circumstances.
There must be something we are missing.
#19 Posted by TruthHurtz on August 21, 2008 at 10:35 p.m. (Suggest removal)
Such a bunch of liberal idiots. The gang members /criminals kicked out a squad car window while handcuffed. Just because a man's hands are cuffed doesn't mean he's an innocent little captive. They were obviously still agressive. There were several officers there & they still required assistance from citizens to control these subjects. Then Mariani is alone in a car driving them to jail & they start up again. He was absolutely right to stop & spray the morons. Mariani next time just slam on your brakes & splatter the idiots on the shield/screen in front of them.
#20 Posted by DCoop on August 21, 2008 at 11:19 p.m. (Suggest removal)
Anyone remember a few years ago Marco PD actually had an escape from a busted window. An Officer kept driving after a subject in the back of her squad car kicked out the window. At some point the guy wiggled out the window & the Officer didn't realize till blocks later. So, Mariani maybe next time they kick out a window you should speed up & encourage them to jump.
#21 Posted by DCoop on August 21, 2008 at 11:24 p.m. (Suggest removal)
I do believe it is Police Benevolent Association not Patrolmen’s.
And 3 of the 4 were under drinking age. Should they have been even allowed in the bar afterhours?
#22 Posted by Jadip811 on August 21, 2008 at 11:28 p.m. (Suggest removal)
"Okay, but first you have to get up off your knees."
#15 Posted by frankz
Have to admit that is really, really funny CTI. I think he handed you your a** with that one liner.
Hahaaaaaaa...
#23 Posted by Jadip811 on August 21, 2008 at 11:32 p.m. (Suggest removal)
This county is messed up. As being someone who has personaly been abused by the CCSO. I will relay this department of all of Collier County not just Marco Police to being part of the "Serpico" days in NY. I think that there need to be serious surveylance of Collier County Sheriffs office to prevent such cases. One deputy in mind is Ron Kelly who has abused be personaly in 3 occaisions and also killed one person and got away with it!! This county need some investigation!
#24 Posted by Garrett18732 on August 22, 2008 at 1:44 a.m. (Suggest removal)
CutThroatLiberal and CTI...one in the same? CutThroatIndependent?
#25 Posted by Analytical_Skeptic on August 22, 2008 at 7:35 a.m. (Suggest removal)
Yregrus writes:
The world has changed. Where I grew up, one arrested as a belligerent public drunk kicking out windows while spitting on the police driver would likely not live to complain about it.
Where did you grow up?
#26 Posted by reasonableguy on August 22, 2008 at 8:57 a.m. (Suggest removal)
LOL, in the immortal words of another famous miscreant, "Can't we all just get along?"
Anybody care to translate that into Spanglish?
#27 Posted by stepetroni on August 22, 2008 at 9:12 a.m. (Suggest removal)
Time to re-train the Police on how to handel real world problems. Crime is on the rise, idiots multiply by a dozen every day. And never, never have one cop go to a Gin-Bin alone when there's a problem. Marco needs a dog. Nothing keeps a drunken idiots mouth shut like a very large police dog showing off his pearly whites while straining the chain holding him back. Police dogs don't care about race, civil rights, or anything else, they just want to bite the bad guy in the rear end. People hate the police, why any person would want that job is beyound me. Also if these idiots were drunk and still were served booze, yank the license of the Gin-Bin. Doest FL, have a "Dram Shop Law"?
#28 Posted by cit10driver on August 22, 2008 at 10:53 a.m. (Suggest removal)
the mistake was not calling Animal Control and having the drunks caught and euthanized..
#29 Posted by prometheus on August 22, 2008 at 12:03 p.m. (Suggest removal)
They're lucky I wasn't driving them to jail. I'd have used something stronger than pepper spray.
#30 Posted by maddog59 on August 22, 2008 at 12:29 p.m. (Suggest removal)
I CAN TELL YOU WHAT UPSET THE REVELERS. MAMA SPINA MADE THEM SIT ALL SQUEEZED TOGETHER LIKE HELLS KITCHEN.THEY THEN GOT HARRASSED EVERY MINUTE ON THE DOT TO BUY AN OVERPRICED WATERED DOWN DRINK.
THAT PLACE NEEDS TO BE HIT WITH A POWERWASHER
#31 Posted by STONECRAB on August 22, 2008 at 1:16 p.m. (Suggest removal)
Can't say I know very much about Marco Police as I rarely get down there. I remember when the CCSD covered it and other than the occasional Cuban landing, it was pretty quiet.
One thing remains constant however. No matter how much work there is for a police or sheriff's department, there are people who figure it's not enough and that there are too many, making too much and doing too little. They figure that... until something happens to them and they need THEIR officer or deputy.
#32 Posted by TruthHurtz on August 22, 2008 at 1:30 p.m. (Suggest removal)
WHY WOULD ANYONE WANT TO STOP A DRUNKEN MELEE ?
#33 Posted by STONECRAB on August 22, 2008 at 1:32 p.m. (Suggest removal)
Did anyone ever think " Don't break the LAW " and you will never ever have an altercation with a police officer. Nope a lot of you feel that laws don't apply to you. Go figure!!! America, the land of Rights and Freedoms!!!
#34 Posted by theabyss on August 22, 2008 at 2:01 p.m. (Suggest removal)
Yes, animal control. Biting is nasty and I suspect the officer was thinking about that when he backed them off.
This is a bogus charge and a waste of time.
#35 Posted by wes on August 22, 2008 at 2:56 p.m. (Suggest removal)
54
Y porque no nos podemos vivir juntos?
#36 Posted by lizzyb on August 22, 2008 at 10:54 p.m. (Suggest removal)
Officer Stephen Mariani Is my Uncle! He’s not stupid nor is he a violent Napoleon complex having vigilante. I’m quite certain that he used the correct amount of force to deal with the situation. Your ideas would be different if you happened to be at that comedy club and you were the target of the three men’s violence. My uncle is a good man who has been serving the public for 22 + years. What have you done?
#37 Posted by EDCCTG1 on August 29, 2008 at 4:42 p.m. (Suggest removal)
Officer Stephen Mariani Is my Uncle! He’s not stupid nor is he a violent Napoleon complex having vigilante. I’m quite certain that he used the correct amount of force to deal with the situation. Your ideas would all be different if you happened to be at that comedy club and my Uncle was not and you became the target of the three men’s violence. My uncle is a good man who has been serving the public for 22+ years. He was as you know a NYPD officer and was at the World Trade Centers on September 11th 2001 his birthday never the less and woked at ground Zero for the weeks after looking for bodies and such. What have you done for your community?
#38 Posted by EDCCTG1 on August 29, 2008 at 8:44 p.m. (Suggest removal)
A very sad Day for MIPD. The actions of this officer discredits other Officers. It also shows underlying problems higher up. The end result is it will cost us tax payers. If Marco Island is foolish enough to keep this Officer on the force and another incident happens it will open us tax payers up to an even BIGGER law suit. This officer was wrong in what he did and should be removed.
#39 Posted by n7lima on October 24, 2008 at 9 a.m. (Suggest removal)
Nothing that is said here will change the truth. However it is true that some police officers use excessive force on some people. My question is if the kids were already in handcuffs, why the pepper spray?
#40 Posted by morgandistrict on October 24, 2008 at 3:23 p.m. (Suggest removal)
The only reason those people were handcuffed is because they broke the law. They put themselves in that position and have only themselves to blame for the consequences.
#41 Posted by maddog59 on October 24, 2008 at 3:55 p.m. (Suggest removal)
Post #45-what if I said my uncle was Aldolph Hiter and he did a lot of good things. Would this justify what he did to the Jewish people? I know you like your uncle and your trying to cover but you don't beat people when they are chained and caged. He is dealing in a area thats influent and sensitive and he needs to show a little restrant. Maybe anger management classes.
#42 Posted by iceberg on October 24, 2008 at 8:46 p.m. (Suggest removal)
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