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Deputy fired after investigation finds he accepted candy bribe

A Lee County Sheriff’s Office corrections deputy hired on Valentine’s Day 2005 found that accepting candy as a bribe and then lying about it during an investigation can cost you your job.

Jonathan Smith’s appointment was withdrawn by Sheriff Mike Scott on August 5 after an internal affairs investigation showed the deputy was untruthful in his statements about receiving Jolly Rancher candies in exchange for not filing disciplinary actions against at least two inmates.

“You can live through anything but lying,” said Maj. Tom Ellegood, bureau of corrections downtown site commander for Lee County jails. “People make mistakes and we understand that, but officers who lie or provide false information while being investigated cannot be tolerated.”

Smith had several inconsistencies in his statements during the investigation, records show.

“It’s just something that can’t be tolerated,” Ellegood said. “We cannot tolerate those not truthful or forthcoming with the information.” Meantime, the inmate’s father, Mack Moise, said he didn’t anticipate the deputy losing his job, but was pleased with how the Sheriff’s Office handled his son’s complaint.

“We were glad to see Lee County deputies did their jobs without any repercussions on our son,” Moise of North Fort Myers said.

The first incident with inmate David Moise occurred May 25, an internal affairs investigation shows.

Moise, 20, said Smith “was going to write him a disciplinary report because he stopped to ask for an inmate request slip instead of going right into the barracks after visitation as instructed,” according to the report. The report also said the deputy “said he would forget the disciplinary report in exchange for some Jolly Rancher candies.”

A second incident occurred sometime later when Smith wrote up Moise for not having his inmate uniform on while in the dayroom.

“When Moise was placed on disciplinary status for that incident, Moise had his father contact the agency with the complaint,” according to the report. The deputy did not take Jolly Ranchers the second time.

Mack Moise notified the Sheriff’s Office of the incidents on June 9.

“They said they were going to look into it if David (Moise) would make a comment on it,” the father said Monday. “I said: ‘It’s up to you, son. I don’t know what the guards will do.’”

On June 10, Sheriff’s Office Col. Michael Waite requested an investigation into possible agency violations and Florida laws “in accepting canteen items from an inmate in lieu of proceeding with disciplinary action,” according to the report.

“I was pleased that action was taking place,” Mack Moise said. His son could not be contacted because he remains jailed on several felony charges including burglary, possession of burglary tools and more. His arrest records date back to 2002.

Mack Moise said his son has made mistakes and hopefully can overcome some issues he has been battling for years.

Records show three charges were substantiated against Smith: neglect of duty, willful violation of official procedures or directives, unlawful conduct, unlawful compensation or reward for official behavior, and improper conduct, untruthfulness, which was found during the investigation.

Smith could not be located for comment.

Mack Moise did not expect the deputy to lose his job over the incident, but wanted to ensure that all inmates are treated fairly.

He understands the need for certain measures to control inmates.

“It’s a tough job in there. But let’s not stoop down to their level,” he said about the control of inmates by getting candy bribes.

“I thought there must be more to it,” Mack Moise said. “But there wasn’t. Why would someone want to lose their job over candy?”

E-mail Valli Finney at vallimfinney@yahoo.com

Comments

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Just think what would have happened if the "candy" was a Liqorice TWIZZLER, or a REESES PEANUT BUTTER CUP....

#1 Posted by MFH on September 15, 2008 at 8:27 p.m. (Suggest removal)

bit late in picking up on this, this was on NBC's website back on the 12th.

I was always warned when I was a kid that my sweet tooth could come bite me in the ass, but this is proof positive that it really could cost me. I feel kinda sorry for the guy for loosing his job over a stupid pack of jolly ranchers, but then again, he lied to his boss so he got what was coming his way.

#2 Posted by Spetsnaz on September 16, 2008 at 3:52 a.m. (Suggest removal)

Can't lie on the job. If he lies about this what else might he lie about. Too bad he did it. Great job LCSO on your internal affairs department. You are quick. Can you come down here to Collier & teach them how a good internal affairs dept. is run. They really need help here on how to be honest & fair.

#3 Posted by Toesmom on September 16, 2008 at 6:44 a.m. (Suggest removal)

Election's over, Toesmom; you lost, but your bitterness lingers on. You must have a miserable life. Have you thought about getting a hobby or something?

#4 Posted by Sayswho on September 16, 2008 at 7:11 a.m. (Suggest removal)

Mr. Smith, you lost your job over Jolly Ranchers??? Maybe you should of told the truth and you probably would of kept your job.

#5 Posted by sock_puppet on September 16, 2008 at 7:49 a.m. (Suggest removal)

Man oh man, take a weeks pay..not his job..come on. I love Mike Scott but this was way over the top. You folks at the top need to re-think this action..what he did was so dumb but it wasn't worth his job...

#6 Posted by Brendy3240 on September 16, 2008 at 7:50 a.m. (Suggest removal)

I'm sure if he had told the truth he would not have lost his job, maybe a suspension. If he lied about something so simple what else could he lie about? I am glad they stepped up and fired him, maybe that will send a message out that the LCSO is only wanting those willing to do the job and be honest.

#7 Posted by Typeone on September 16, 2008 at 8:29 a.m. (Suggest removal)

Bummer about the job, but I can see the SO point. CO's need to keep in mind the element that they are dealing with. So he cut the inmate some slack once and when the inmate wanted more of the same, and he didnt get it, he ran and told.

#8 Posted by SandnSurf on September 16, 2008 at 9:03 a.m. (Suggest removal)

cabbage....do you know one that can be????

#9 Posted by SandnSurf on September 16, 2008 at 9:40 a.m. (Suggest removal)

Here boys, you keep the vaseline and I'll take the candy.

#10 Posted by Garfield on September 16, 2008 at 10:06 a.m. (Suggest removal)

I AM A SUCKER FOR A MARATHON BAR.

#11 Posted by factteller1 on September 16, 2008 at 10:42 a.m. (Suggest removal)

MOM NEVER ANSWERED MY QUESTION FROM A FEW WEEKS AGO...IS HER KID TOE AS DUMB AS SHE IS?

#12 Posted by factteller1 on September 16, 2008 at 10:44 a.m. (Suggest removal)

#10,,, i guess that you would rather have to give up all your candy ,for whatever reason a CO, might want some,, if/when you are an inmate?
well,,, how about if/when you get a traffic citation ?, that would probably cost you something else,that you might not want to part with,on the spot,,,,,see where this is going?,and worse yet, he is an out and out liar,, you really want someone ,that controls Your future, to be a liar?,,, if you think a cop lies about your ticket / arrest ,etc. now, you can still do what this inmate did,,, within,, the system does work,,,

#13 Posted by Bullbat on September 16, 2008 at 10:53 a.m. (Suggest removal)

#13 Posted by factteller1
I could just imagine the preferential treatment people might recieve for a few bucks then huh Teller?

Maybe this will be an incentive and be kept in the back of your mind for future reference, then again it's hard to teach old dogs new tricks...

Maybe you can be a little more like the cop in this video...

http://www.youtube.com/watch?v=JutCjb...

#14 Posted by Jadip811 on September 16, 2008 at 2:22 p.m. (Suggest removal)

The things I would do for a Reese's

#15 Posted by FedUp on September 16, 2008 at 2:58 p.m. (Suggest removal)

the inmates i could send you to,,,,,,,,lolol

#16 Posted by Bullbat on September 16, 2008 at 4:30 p.m. (Suggest removal)

Jadip you silly little twit how much you crack me up. What I love is the fact that I can push your buttons all day long and so easily even without even directing a comment to you. You are so predictable just like my dog spot.

But since you got me laughing lets review for our fellow bloggers your resume: Cop shows, “knowledge of many departments” and two police academies. But here is the real kicker; you never worked a day in law enforcement!

Why don’t you try blogging in the entertainment section you may get a more respectful audience. Now what does this have to do with the article? Nothing at all. Just thought I would mention it. Bye bye……………….

P.S maybe you have something against the Marathon bar.

#17 Posted by factteller1 on September 16, 2008 at 4:47 p.m. (Suggest removal)

LOL I absolutely do! I hate the Marathon bar. I despise it. Only bad cops can eat that piece of excrement. LOL

Gotta get running soon, CSI is on, I need to pick some more important terms to post in tomorrows blogs....
Then maybe I can be just as important and well respected as yourself. Then again maybe not.

Quick question before my show is over and I have to write my opinion on what fall colors are going to be in fashion this year.
CCSO or NPD?
I only ask because if your NPD you have little to zero credibility. I will at least listen to your drivel if you were CCSO.

#18 Posted by Jadip811 on September 16, 2008 at 7:27 p.m. (Suggest removal)

You can't tell me that video wasn't funny. Suburban spoof videos are hilarious. Lighten up before you give yourself a heart attack Teller.

You choose to be an LEO, remember? You choose to represent the law. You choose to be under severe scrutiny and live up toi higher standards. I had that choice and did not wish to continue doing CO work and pursue a possible LEO future.
You are absolutely right , I was a trained LEO officer, but never sworn in and never appointed.
The judicial system left a bad taste in my mouth, kinda like a Marathon Candybar does. There is no justice anymore, money talks.
Anyone can buy innocence.

Again I ask CCSO or NPD or other agency?
Answer that honestly then I will keep my trap shut. And admit your the better man then I...

#19 Posted by Jadip811 on September 16, 2008 at 7:40 p.m. (Suggest removal)

Jadip relax...you take what I say a little too literal sometimes. I actually enjoy sparing with you believe it or not. Better man than you? I had you pegged for a girl.

My computer loads slow but I think I have seen the trunk monkey before. I use the trunk monkey myself only on very rare occassions.

P.S. you are probably to young to remember the Marathon bar.

#20 Posted by factteller1 on September 16, 2008 at 9:56 p.m. (Suggest removal)

Good to hear you enjoy the verbal judo as much as I do. LOL
I do remember the Marathon Bar. I am 39 going on 60.
I had a bitter breakup several years ago with a well connected ex-psycho. She worked for Children and Family Services as an investigator and was bl@wing the right judge as well as banging others I later found out.
She was real also tight with the ADA , especially a POS named Amy Wilson.
So I've seen both side of the fence so to speak.
Took me a long time and lots of money thrown away to clear up lies and deceit.
I had the chance to return to being a CO and pick up where I left off, I had applications in with LCSO and NPD when the crap hit the fan.
She knew what she was putting me through and choose to put me through absolute hell anyways , for breaking things off with her. I am not perfect by any means but did not deserve this IMO for breaking things off with a ho.

Law enforcement is a tough game nowadays. It takes a toll. At least working with convicts your not under the constant scrutiny of the public with video cameras everywhere. LOL

Anyways, still can't see how you like the Marathon Bar. Do they even make those anymore? LOL

#21 Posted by Jadip811 on September 17, 2008 at 8:03 p.m. (Suggest removal)



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