A man drove into a house the other day in Cape Coral– police say he was under the influence of alcohol. Fortunately, nobody was home at the time, as the home sustained $50,000 in damages. The first officer on the scene was none other than interim Cape Coral Police Chief Dave Newlan. You’d think getting the big seat would have him off DUI duty, but when duty called, he responded. Turns out Newlan happened to be at a house nearby, and responded to the scene, detaining Gregory Fischer until other officers arrived. Fischer was charged with a DUI with Damage.
This calls to mind an incident a few months back in Fort Myers, when interim FMPD Chief Dennis Eads also responded to a call. As they say, cops are always on duty!
There’s a comment here about the interim chief not being afraid to get his hands dirty… I’m sure. Eads was called over by a citizen who was worried that a hispanic man appeared to be ill. The man happened to be local infamous homeless crazy-person Victor Casiano. When the chief and another officer located Casiano, his drawers were down, as he was pooping in the woods. Eads and the other officer arrested him for indecent exposure.
While we might admire the chief’s willingness to jump to duty, Crimcourts would like to point out it is not illegal to shit in the woods. Bill Bryson is relieved. To qualify as Indecent Exposure, under Florida law, there must be some “lacsiviousness”. Merely pooping, especially if he tried to discreet himself in the woods, is not a crime. Fortunately, Mr. Casiano was released on his own recognizance, but not after spending a night in jail. It’s a bad look that the department still doesn’t use better judgment over when to arrest people, especially after the Nate Allen fiasco just last year.
Related Update: It’s also not illegal to check your mail naked, but it will get the cops called on you, as this guy found out in Collier County. For the behavior to be criminalized, there has to be more, and Collier Sheriff’s Deputies showed a little more, correct, restraint.