Miles White Death Investigation

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INVESTIGATIVE SUMMARY

On January 7, 2009, the Florida Department of Law Enforcement (FDLE) receiveddocumentation provided by Gary and Jaime White relating to the events surrounding the deathof their son, Miles White. The Whites alleged that on May 31, 2002, Miles White was apassenger in a vehicle being driven by Adam Jacoby that was chased by Sergeant (Sgt.) ScottLawson of the Polk County Sheriffs Office. Sgt. Lawson was alleged to have chased Jacoby forfifteen miles before striking the rear of Jacobys vehicle causing Jacoby to lose control andcrash, resulting in the death of Miles White.

The documentation provided included a letter to FDLE Assistant Commissioner Mark Zadradated December 30, 2008, which attached the following information:

Letter dated 12/30/2008 to Governor Charlie Crist.

Letter dated 09/24/2007 to Governor Charlie Crist. Letter from the Office of the Governor dated 10/18/2007.

St. Petersburg Times newspaper article dated 08/31/2008. St. Petersburg Times newspaper article dated 10/26/2008.

St. Petersburg Times newspaper editorial dated 11/02/2008.

On January 22, 2009, FDLE received a letter from the Office of the Governor which advised thaton December 30, 2008, Governor Crist received a letter from Jaime and Gary White thatdetailed the incident involving former Polk County Sheriff's Sgt. Scott Lawson. According to the

letter, there appeared to be continued questions surrounding the accident and the possibleliability of former Polk County Sheriffs Office (PCSO) Sgt. Scott Lawson. Therefore, FDLE wasrequested to conduct a preliminary investigation to gather facts and evaluate the possibility ofany illegal or improper actions.

Florida Department of Law Enforcement

OFFICE OF EXECUTIVE INVESTIGATIONS

Review of the Polk County Sheriffs Office

Miles White Death Investigation

INVESTIGATIVE PREDICATE


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On January 26, 2009, FDLE met with Polk County Sheriffs Office (PCSO) Chief of Staff, GaryW. Hester. Chief Hester presented a brief overview of the investigations conducted by PCSO

and provided a box of documents related to the investigation and subsequent litigationregarding the traffic crash that resulted in the death of Miles White. Additionally, FDLErequested and received a commitment of assistance from State Attorney Jerry Hills Office,Tenth Judicial Circuit of Florida.

After a review of the documents provided by Jaime and Gary White, including articles from theSt. Petersburg Times, the following issues were identified for additional inquiry to determinewhether there was any criminal misconduct on the part of PCSO or former Sgt. Scott Lawson:

1. Was the PCSO aware of allegations of sexual misconduct by Sgt. Scott Lawson prior tothe traffic crash?

2. Did Sgt. Lawsons vehicle strike the vehicle driven by Adam Jacoby, forcing Jacobysvehicle off the road?

3. Where was Sgt. Lawsons vehicle taken after the accident?

4. Who ordered deputies to refrain from speaking to Sgt. Lawson after the traffic crash?

As a part of the review process, voluntary sworn recorded statements were obtained from thefollowing persons:

Deputy Sheriff Heather Mundell Adam JacobyRetired Polk County Detective Tom Page Cameron WhiteLake Hamilton Police, Officer Robert Platts Mr. Miles MossFormer Fleet Supervisor Eric Marlow Deputy Larry DavisDeputy Gloria Steffen Deputy David HooymanDeputy Kathy Thompson Berry Mr. Robert MoruzziRetired Sgt. Andrew Williams Deputy Jacob VogtPrivate Investigator Wayne Tucci Deputy Christopher ColsonDeputy Theresa Edmiston Inspector Katherine WatsonDeputy Steven Hearth Chief Deputy Gary Hester

Voluntary non-sworn interviews were conducted with the following persons:

Jaime WhiteGary WhiteRetired Deputy Sergeant Andrew Williams

INVESTIGATIVE NARRATIVE


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One of the unanswered questions referenced by the White family was the concern that PCSOwas investigating an allegation of sexual misconduct by Sgt. Lawson weeks prior to the trafficcrash. The suggestion that PCSO was aware of allegations of sexual misconduct was basedupon handwritten investigative notes authored by PCSO Deputy Heather Mundell. FDLEretrieved the referenced notes and found that there was potential confusion regarding thespecific date when Deputy Mundell interviewed juvenile Shawn Myers.

Deputy Mundell provided a sworn recorded statement to FDLE and explained the sequence ofevents with Myers. Deputy Mundell explained that she was dispatched to two separatecomplaints involving Myers, once on May 16, 2002 and later on June 12, 2002. DeputyMundell explained that she was not able to locate or interview Myers during the May 16, 2002complaint. Deputy Mundell stated that on June 12, 2002, she was dispatched to a separatecomplaint involving Myers and at that time interviewed him. Although not related to the

interview, Sgt. Lawsons name was introduced by Myers and subsequent conversation revealedinformation that was immediately provided to the investigators tasked with investigating thesexual misconduct allegations against Sgt. Lawson.

Deputy Mundells clarification of the dates is supported by her official reports indicating that shecould not locate Myers on May 16, 2002, and radio dispatch logs which document hertransporting Myers to the Sheriffs Office substation to be interviewed on June 12, 2002.Additionally, FDLE obtained a sworn recorded statement of Deputy Gloria Blackwelder Steffen,who assisted Deputy Mundell on the June 12, 2002 complaint and participated with DeputyMundell in the interview of Myers at the substation. FDLE also obtained the sworn recordedstatement of now-retired Detective Tom Page who served as the lead investigator for the Sgt.Lawson sexual misconduct investigation. Det. Page recalled that Myers was brought to him for

an interview the morning of June 13, 2002, based on the information Myers had recentlyprovided to Deputy Mundell and Steffen regarding Sgt Lawson.

The confusion associated with the dates on the reports authored by Deputy Mundell regardingher first contact with Shawn Myers and when Myers report of a strip search by Sgt Lawson wasdocumented by PCSO personnel has been resolved by multiple interviews and separateSheriffs Office record keeping systems. There does not appear to be any evidence that theSheriffs Office was aware of allegations of sexual misconduct by Sgt. Lawson until after thetraffic crash. PCSO subsequently launched a criminal investigation, separate from the crashinvestigation, which resulted in Sgt Lawsons arrest and subsequent prison sentence.

ISSUE # 1

Was the PCSO aware of allegations of sexual misconduct by Sgt. Scott

Lawson prior to the traffic crash?


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Media outlets have published stories including quotes from traffic accident reconstructionexperts stating that the car driven by Adam Jacoby was struck by the vehicle driven by Sgt.Lawson and that the impact was responsible for the subsequent traffic crash and death of MilesWhite.

FDLE conducted interviews of those who were quoted in the media as having determined thatthe vehicles did make contact and interviewed both PCSO and non-law enforcement individualswho inspected the vehicles. The FDLE interviews included the following:

Lake Hamilton Police Officer Robert Platts who was the first law enforcement officer to arrive atthe crash scene after Sgt. Lawson. Although Officer Platts acknowledged that he did notspecifically inspect Sgt. Lawsons vehicle after the crash, he did retrieve items from the trunk ofSgt. Lawsons vehicle and stated that he did not notice any damage to Lawsons vehicle.

Deputy Christopher Colson stated that he drove Sgt. Lawsons vehicle from the traffic crashscene to the PCSO substation and did not observe any damage to the vehicle.

Private Investigator Wayne Tucci was working for the Adam Jacoby defense team when heinspected Sgt. Lawsons vehicle. Tucci stated that based upon a theory that Sgt. Lawsonsvehicle may have hit Jacobys vehicle, Tucci was hired to inspect Sgt. Lawsons vehicle. Tuccistated that he met Chief Gary Hester, accompanied by an unknown male, at the PCSOsubstation shortly after the traffic crash and inspected Sgt. Lawsons car. Tucci found noevidence of damage and photographed the vehicle from different angles to memorialize thevehicles condition. Tucci also provided that he later participated in a discussion with Jacoby,and Jacobys attorney, regarding the circumstances of the traffic crash and Tucci does not recall

Jacoby saying that Sgt. Lawson struck his vehicle.

Chief Hester confirmed the inspection of Sgt. Lawsons vehicle with private Investigator WayneTucci and Chief Hester stated that he did not observe any damage to the vehicle.

Former PCSO Fleet Supervisor and Chief Mechanic Eric Marlow stated that he was neverasked to examine Sgt. Lawsons vehicle after the traffic crash and was never aware of anyreason to believe that Sgt. Lawsons vehicle was involved. Marlow did not recall ever seeing orrepairing any damage to Sgt. Lawsons vehicle. Marlow denied making the statement that wasreported in the newspaper concerning the fact that he always wondered where Lawsons carwent after the accident, but I knew better than to ask.

Private traffic crash reconstruction expert Miles Moss stated that he was contacted by anewspaper reporter sometime near the middle of 2008. The reporter later sent various reportsand photographs of the accident scene to Moss for review and requested his assessment.Moss never inspected either vehicle and acknowledged that he would have preferred to inspectthe vehicles and to have travelled to the crash scene.

Moss acknowledged that some of the quotes attributed to him in the newspaper were impreciseand that his opinions of the traffic crash could change if he were to view all of the photographsavailable and actually inspect the vehicles. Moss also acknowledged that his opinions

ISSUE # 2

Did Sgt. Lawsons vehicle strike the vehicle driven by Adam Jacoby, forcing

Jacobys vehicle off the road?


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regarding Sgt. Lawsons injuries were based upon the newspaper reporters hypotheticalinformation that Sgt. Lawson received knee and chest injuries as a result of this accident.

Private Investigator Robert Moruzzi stated that he and business associate John Bell travelled toPolk County to determine if there had been an impact between Sgt. Lawsons vehicle andJacobys vehicle. Moruzzi and Bell were working for the Adam Jacoby defense team. Moruzziand Bell physically examined both vehicles and did not find any indication that Sgt. Lawsonsvehicle had contact with Jacobys vehicle. Moruzzi and Bell were not able to determine if animpact had occurred.

Moruzzi denied making some of the comments attributed to him in the newspaper. Moruzzistated that there was nothing conclusive in their investigation that would suggest a cover-up byPCSO.

Deputy David Hooyman was the lead investigator for the referenced traffic crash. DeputyHooyman stated that the facts he identified during his preliminary investigation wereinconsistent with the facts later included in Sgt. Lawsons report. Deputy Hooyman stated thathe conducted a thorough inspection of Sgt. Lawsons vehicle and was aware thatrepresentatives from insurance companies also inspected Sgt. Lawsons vehicle. The

inspections did not reveal any evidence of a frontal impact.

Deputy Hooyman later requested an outside agency review his findings. The Florida HighwayPatrol reviewed Deputy Hooymans findings and confirmed a range for the critical speed of thecurve, immediately preceding the crash scene, as between 74 and 84 miles per hour (MPH).

Deputy Hooyman stated that by calculating the times documented by Sgt. Lawsons recordedradio transmissions and the known distances travelled, the average speed for the first 6.7 milestravelled would be 104 MPH. The average speed for the final portion travelled was calculated tobe 115 MPH.

Adam Jacoby acknowledged driving at speeds nearing 130 to 135 MPH on Hatchineha Road

and described that Sgt. Lawsons vehicle stayed approximately 20 to 50 yards behind him thewhole time. Jacoby does not recall if Sgt. Lawsons vehicle ever struck his vehicle and does notrecall entering the curve immediately before the accident occurred.

There does not appear to be compelling evidence suggesting that the vehicle driven by Sgt.Lawson struck the vehicle driven by Adam Jacoby. The crash investigation conducted byPCSO concluded that the vehicle driven by Jacoby was travelling in excess of the calculatedcritical speed for the curve preceding the crash scene. The results of the same investigationsuggest that the crash incident report later authored by Sgt. Lawson, prior to his arrest for thesexual misconduct, was inaccurate and untruthful. Sgt. Lawson did not provide an interviewregarding the crash investigation and was not able to later be compelled to provide a statementduring the PCSO administrative investigation since his employment had been terminated

immediately prior to his arrest.

The opinions documented by the independent or outside traffic crash reconstruction expertswere found to have been based upon limited information and all who were interviewedacknowledged the limitation of the information they used to support their opinions.


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The issue regarding the location of Sgt. Lawsons vehicle, after the traffic crash occurred,seems less significant as the number of both PCSO and non-PCSO personnel who inspectedthe vehicle increases.

Deputy Steven Hearth stated that he found Lawsons car at the crash scene and turned offsome of the vehicles emergency lights after the crash had occurred. Deputy Heath wasdirected by Sgt. Lawson to call Deputy Chris Colson to retrieve Lawsons car and take it to thePCSO substation.

Deputy Christopher Colson stated that he was called by Deputy Hearth to get Sgt. Lawsonsvehicle and take it to the PCSO substation. Deputy Colson travelled to a different PCSOsubstation and met Deputy Jacob Vogt who drove Deputy Colson to the traffic crash scene.Once on scene, Lieutenant Zimmerman pointed out Sgt. Lawsons vehicle and directed DeputyColson to take the vehicle to the central substation and park it there. Deputy Colson drove Sgt.

Lawsons vehicle to the substation and parked it there. Deputy Colson stated that as far as hecould recall, Sgt Lawsons vehicle remained parked at the substation until Sgt. Lawson wasarrested on June 5, 2002.

Deputy Jacob Vogt confirmed that he transported Deputy Colson to the traffic crash scene topick up Sgt. Lawsons vehicle and move it to the substation. Deputy Vogt followed DeputyColson to the substation and then transported Deputy Colson back to Deputy Colsons vehicleafter Sgt. Lawsons vehicle was parked.

Former PCSO Fleet Supervisor and Chief Mechanic Eric Marlow stated that he was neverasked to examine Sgt. Lawsons vehicle after the traffic crash and was never aware of anyreason to believe that Sgt. Lawsons vehicle was involved. Marlow did not recall ever seeing or

repairing any damage to Sgt Lawsons vehicle.

Private Investigator Wayne Tucci, working for the Adam Jacoby defense team, met Chief Hesterat the substation shortly after the traffic crash and inspected Sgt. Lawsons car. Tucci found noevidence of damage and photographed the vehicle from different angles to memorialize thevehicles condition. Although Tucci could not be sure of the exact date of the inspection, hestated that he believed it was the day after the traffic crash.

Deputy Theresa Edmiston retrieved clothes for Sgt. Lawson from Sgt. Lawsons vehicle whichshe stated was parked at the substation.

The White family stated that they were told by a newspaper reporter that former PCSO Fleet

Supervisor and Chief Mechanic Eric Marlow had knowledge regarding repairs made to Sgt.Lawsons vehicle after the traffic crash. When interviewed by FDLE, Marlow denied knowledgeof any such repairs.

The White family also stated that the same newspaper reporter identified former PCSO DeputySheriff Andrew Williams as the person who came forward with the information regarding repairsmade to Sgt. Lawsons vehicle. When interviewed by FDLE, Williams denied knowledge of anysuch repairs.

ISSUE # 3

Where was Sgt. Lawsons vehicle taken after the accident?


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There does not appear to be any evidence suggesting any effort to conceal the location of Sgt.Lawsons assigned vehicle after the crash occurred. Numerous PCSO personnel and othersnot affiliated with law enforcement were aware of the location of the vehicle. Additionally, thevehicle was inspected by a private investigator working for the Jacoby criminal defense teamand he did not observe any damage to the vehicle.

The issue of PCSO members being ordered to refrain from speaking to Sgt. Lawson wasreported by the White family as one of their unanswered questions. FDLE conducted interviewsregarding this issue and found the following:

Deputy Theresa Edmiston acknowledged that Deputy Steve Hearth contacted her from theaccident scene and was trying to communicate with Sgt. Lawson to find out what had taken

place. Deputy Edmiston said she was relaying on behalf of Sgt. Lawson what had occurred.Her understanding was that Deputy Hearth was relaying the information to the traffic crashinvestigator at the traffic accident investigators request.

Internal Affairs Inspector Katherine Watson stated that at some point during her investigation,she was directed by her Lieutenant not to interview Sgt. Lawson.

Deputy David Hooyman stated that he was not instructed to refrain from speaking to Sgt.Lawson, however was told that Sgt. Lawson was out on medical leave for injuries sustainedduring this incident and to allow him to complete the incident report before conducting any typeof interview with him.

Chief Hester did not recall telling anyone at the scene not to speak with Sgt. Lawson. Heacknowledged that at some point in time, there may have been some discussion about nottalking to Sgt. Lawson but it likely would have been after the criminal investigation regarding thesexual misconduct allegations had surfaced.

Chief Hester also stated that he wanted to make sure that when Lawson was interviewed thathe would not be under medical care or on any kind of medication. Chief Hester was aware thatLawson was going to write an incident report and because the report was a sworn document,that would serve as his statement regarding the traffic crash.

Chief Hester said that he knew once the arrest was made in the sexual misconduct case theyprobably would not get any information out of Sgt. Lawson related to the traffic crash. With that

in mind, he said they tried to time it so that the written statement on the traffic crash wasobtained prior to Sgt. Lawson being arrested.

The issue concerning PCSOs order for deputies to refrain from speaking to Sgt. Lawson afterthe traffic crash appears to be resolved. Chief Hester explained that initially it seemedinappropriate for PCSO personnel to attempt to interview Sgt. Lawson while he was at thehospital. Chief Hester noted that the crash investigation was underway and the crashinvestigators would not be fully prepared to interview Sgt. Lawson until after they had processedand evaluated the crash scene. Similarly, Chief Hester noted that the administrativeinvestigation was underway and consistent with state law, the interview of Sgt. Lawson would

ISSUE # 4

Who ordered deputies to refrain from speaking to Sgt. Lawson after the traffic

crash?


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occur last. The allegations of sexual misconduct had not yet been reported and reasonablycould not have been anticipated.

In light of the multiple investigations being conducted by PCSO involving Sgt. Lawson, (Criminalinvestigation of the traffic crash; administrative investigation of Sgt. Lawsons actions precedingthe traffic crash; Criminal investigation regarding alleged sexual misconduct) it is important toacknowledge that each of the referenced investigations pose their own differing investigativestrategies and/or techniques.

On January 7, 2009, FDLE received documentation provided by Gary and Jaime White relatingto the events surrounding the death of their son, Miles White. Additionally, on March 4, 2009,FDLE met with the White family to discuss their concerns regarding questions they believeremain unanswered following investigations conducted by the Polk County Sheriffs Office.

Following review of the information collected and the results of the interviews conducted, thereis no identifiable criminal predicate that would warrant further investigation by the Office of

Executive Investigations.

CONCLUSIONS

Miles White Death Investigation

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