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DeLand Police Department Rehires Officer Fired For Excessive Use Of Force & False Arrest Officer Was Rehired Based On Arbitrator's Findings |
March 26, 2021 |
NO LEGAL OPINION, OR AUTHORITY, SHOULD BE INFERRED
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But We Bring The Best Gifts Yes, we (VolusiaExposed.Com) know, once again - we are making a late entrance to the party - because, this situation has already been covered by the established main stream media. Well - congrats to the main stream media - they do a wonderful job providing a generic overview of what transpired. In short, city sued, officer fired, officer appeals, city rehires, police chief blames system that forces him to rehire officer. The purpose of this article is NOT to explore whether the subject police officer is innocent or guilty of the city's allegations against him. This article will simply question whether the subject officer received a fair investigation into those allegations. Our (VolusiaExposed) "after party" perspective will provide you a deeper dive into the particulars of why the City of DeLand was obligated to rehire and retrain this terminated police officer. This information is the "secret squirrel" stuff that police chiefs, sheriffs, and Florida State officials rather you not know. Many, if not most - of these officials will routinely piss down the backs of the general public - while assuring the public, that it's merely rain water running down their backs. Our (VolusiaExposed) goal is to identify those puddles of piss. "Don't Piss Down My Back.. And Tell Me Its Raining" "The Outlaw Joey Wales" (1976) According to the local media, and the official DeLand police department's (DPD) internal affairs report - Ofc. Johan "Joey" Mulero was terminated as a city police officer on December 3, 2018. DPD's internal investigation sustained that Ofc. Mulero had used excessive force in the arrest of a criminal suspect. The investigation also highlighted concerns - of whether Ofc. Mulero even had probable cause to make the arrest, even questioning the veracity of his arrest report, in comparsion to the video from Mulero's body camera (see below linked DBNJ article for video). March 15, 2021 Daytona Beach News Journal DeLand cop fired in 2018 for rude, rough arrest back on police force with conditions  With the assistance of INTERNATIONAL UNION OF POLICE ASSOCIATIONS (IUPA), Ofc. Mulero appealed his termination. VolusiaExposed.Com virtually attended, and video recorded, the November 19, 2020 arbitration hearing (see videos to the upper right of this page - several puddles of piss are highlighted within these videos). As detailed within a recent media release by the city AND as recommended within the March 12, 2021 arbitrator's decision - Ofc. Mulero will be reassuming his DPD duties. In his decision, the arbitrator opined that Mulero should be rehired and retrained. The arbitrator stated that DeLand PD's failures - in both the manner of the investigation, as well as their failure to follow well established Florida law governing police misconduct investigations - created the catalyst - supporting the rehiring of Ofc. Mulero. & The Mechanic Was Unqualified In Florida, there are two things that heavily govern misconduct investigations regarding law enforcement & correctional officers. They are: 1. The Criminal Justice Standards and Training Commission (CJSTC) 2. The Florida Law Enforcement Officer's Bill of Rights (FOBOR) (Florida Statutes 112.531 - 112.535) Within the city's statement (see upper right of page->), the city argued that the arbitrator's decision "exposes a serious flaw in the system that allows an officer with a history of misconduct to continue their employment without facing the appropriate consequences for their actions" We (VolusiaExposed.Com) agree - the "system" is flawed - but not for the reasons the city has offered. In our OPINION - the "system" - as defined by Florida Statutes (FOBOR) and the CJSTC - would work near flawlessly, IF ONLY - police administrators, and Florida State officials, would honor and apply "the system" as designed. Within pages 18-23 of the arbitrator's report, the arbitrator documents his concerns regarding DPD's failure to abide by the Florida Officer's Bill of Rights (FOBOR), while conducting their misconduct investigation against Ofc. Mulero. (see arbitrator's report and arbitration hearing videos for particular FOBOR violations) |
Arbitration Hearing (via Zoom) =============================== Arbitrator's March 12, 2021 Decision (Click Below To Read PDF File) 
=============================== City Of DeLand's Official Statement (Click Below To Read PDF File) 
=============================== DeLand PD's Completed Internal Affairs Investigation (Click Below To Read PDF File) 
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There is a significant point to be made here. While the city has alleged that Mulero did not have "probable cause" to make an arrest - the Deland police department by not honoring the mandates of the FOBOR - effectively denied Mulero both his due process rights, and a fair investigation into the allegations against him (a puddle of piss).
In short, "the system" failed - because the city opted not to use, or to honor, the mandates of the system. The arbitrator documented within his report - that the failure to provide Mulero his due process - was the arbitrator's rationale for recommending Mulero's rehiring and retraining. In our OPINION, the City of DeLand's next self-inflicted wound came within their recent public statement (see right of page) - stating that their (city) failures were only "technical issues" (warning - large puddle of piss - someone grab a mop!). Due process is NOT a "technical issue" - rather it is a right enshrined within the U.S. Constitution. If DeLand city officials truly desire to defined "due process" as merely a "technical" issue - then what other Constitutional rights are they "technically" violating? By their official statement - DeLand city officials appear to be comfortable - in dismissing U.S. Constitutional rights as nothing more than mere "technical issues".(OUR OPINION) (...and will someone please bring that freaking mop! - we have a growing puddle of piss here !!). Or Bend Over Tomorrow In OUR OPINION, anyone that is NOT willing to stand up today and defend Ofc. Mulero's right to due process - better be willing tomorrow to sit down, OR maybe even bend over - when DeLand officials come to violate their "technical" rights. Then they came for the trade unionists, and I did not speak out— Because I was not a trade unionist. Then they came for the Jews, and I did not speak out— Because I was not a Jew. Then they came for me — and there was no one left to speak for me. Rev. Martin Niemöller A Political Hack The CJSTC is effectively a sub-section of the Florida Department Of Law Enforcement (FDLE) - as is supported by the fact that CJSTC has an FDLE hyperlink address assigned to it. In OUR OPINION - both (CJSTC & FDLE) are the political hacks of police chiefs, sheriffs, and the governor (see our below listed earlier articles for further details). March 4, 2021 SHOTS FIRED - ONE TROUBLED DEPUTY - TWO DEAD TEENS Discrimination, Financial Conflicts Of Interest & Negligent Retention Of A Sheriff Deputy September 15, 2020 Did The Volusia County Sheriff's Office Falsify Lt. James Day's Separation Affidavit? July 21, 2020, 2020 OUR OPINION FDLE Failed In Their "Review" Of The In-Custody Death Of Gregory Edwards June 16, 2014 The Termination of Holly Hill Police Officer Gary Ward. Did HHPD AND FDLE Properly Process The Misconduct Allegations Against Ofc. Ward? May 28, 2014 The Thin Blue Line Exposed? Edgewater Police Department - Ofc. Charles Geiger's Misconduct July 14,, 2014 FDLE / CJSTC's Refusal To Answer Questions. Did The Florida Statewide Prosecutor Attempt To Intimidate VolusiaExposed.Com? The Mechanic Was Unqualified If the law, and their procedures, are the "tools" used to successfully conduct any law enforcement investigation - then the internal affairs' investigator would equate to the "mechanic" of any such inquiry. DeLand Police Sgt. Juan Millan was the assigned "internal affairs" investigator within the Mulero internal affairs inquiry. Unfortunately, and as supported by the first seconds and minutes of the November 19, 2020 arbitration hearing (see top upper right of this page (first video), or directly below) - Sgt. (now Lt.) Millan had not yet received any internal affairs training prior, or during his investigation into the Mulero incident. (You are highly encouraged to watch the first few minutes of this video - BUT watch out - it's a large puddle of piss!) We realize that many may be inclined to give the DeLand police the benefit of any doubt. However, the fact that Sgt. Millan was NOT trained in internal affairs PRIOR to the completion of his investigation presents a rather large "puddle of piss" that must be either stepped over, or simply ignored - for anyone inclined to accept the City of DeLand's assurances that the Mulero inquiry was properly handled. What Does That Indicate Regarding Ofc. Mulero's Training? Within their Internal Affairs investigation - the DeLand PD documents the training Ofc. Mulero apparently received. Deland PD argues that this training should have provided Mulero with the "tools" he needed - in order to avoid the alleged misconduct incident. However, this publication must agree with the arbitrator's decision - in recommending that Ofc. Mulero be rehired and retrained. Obviously, if Sgt Millan's training was substandard - then is it unreasonable to wonder, if Ofc. Mulero's training was also substandard? Yes, the "system" failed - but that was because the DeLand PD failed to properly use the "system". Yes, Ofc. Mulero probably crossed the line - and committed acts of misconduct - but apparently, there were no acts of misconduct, that were serious enough to attach the filing of criminal charges against him. Yes, BOTH the DeLand PD and Ofc. Mulero need to do better. Because from our perspective - "technically" - only the union, and the arbitrator - properly evaluated the evidence and the law. In the end, the rehiring and retraining of Ofc. Mulero will not resolve much. A DeLand official advised this publication that DeLand PD stands behind their investigative findings - which concluded that Mulero arrested a suspect without probable cause, used excessive force in securing the arrest, and falsified the reports attached to the arrest. All of which are violations of Florida's Law Enforcement Officers Moral Character Standards. (FAC 11-B-27.0011) Therefore, absent DeLand changing these findings from "sustained" to "unfounded" - DeLand has placed themselves - as well as Ofc. Mulero in a very litigious predicament. Ofc. Mulero will forever be seen as a "brady cop". Brady cops are police officers that have fallen so far from grace - that their own agencies and prosecutors question their veracity, and ability to provide honest testimony. This publication has developed a dedicated webpage that identifies many of Volusia County's "Brady Cops". Ofc. Mulero is inclusive to our Brady Cop webpage. We (VolusiaExposed.Com) imagine that many of Ofc.Mulero's future policing activities, to include arrests, will be challenged by defense attorneys. The local State Attorney will be mandated - as defined under Brady V. Maryland (1963) to report to the defense - Ofc. Mulero's "Brady Cop" status. We (VolusiaExposed.Com) can easily imagine that Ofc. Mulero will have a "very hard row to hoe" proceeding forward with his law enforcement career. Regaining the public's trust will be extremely difficult - especially given, that his very own department has effectively labeled him a "Brady Cop". According to a national police publication - unfairly labeled "Brady Cops" are starting to fight back. In 2009, a Washington State police sergeant secured both a $815,000 financial settlement, and his removal from the local "Brady List" - that were based on fabricated allegations, and a trumped up investigation on him. Many times - justice simply arrives - as large numbers - on a piss soaked financial settlement check. And there you have it, for now ..... there will surely be more piss to mop up in this matter.....and for all you potential allstars - remember - "only shooting stars break the mold"...... |
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