Fort Myers officer's attorney speaks out
Photo: Video by fox4now.com
CREATED Jul. 15, 2013
FORT MYERS, Fla.- The Police Benevolent Association filed a formal grievance against Fort Myers Police Chief Doug Baker and the city of Fort Myers.
A man resisted arrest and has to be forcibly restrained; but, a Fort Myers police officer is fired for it.
This past February officer Trevor Lehman tried to subdue a suspect who refused to cooperate.
After an internal investigation reviewing police dash camera video... police chief Doug Baker terminated officer lehman for failure to use "appropriate force in response to the suspects resistance."
Baker didn't like the way lehman dealt with a suspect who was uncooperative and resisting arrest without violence.
The report states Lehman hits the suspect, Chaylon McClary, to the head and neck a total of three times to subdue McClary.
A full disciplinary review was completed by Lehman's superiors. They made their recommendations to police chief Doug Baker that Lehman undergo some
Baker chose to ignore the recommendations and fired him instead.
Lehmans attorney, Michael Braverman, is based in Miami and works for the Police Benevolent Association.
Braverman said Baker's actions to terminate office Lehman were unjustified.
He added that "there are a number of people in FMPD, who have been there a long time, who are experts in the policy and they gave their opinion through the recommendation to the disciplinary procedure and the worst recommendation, the most sever punishment was a 24 hour suspension."
Braverman points out that the expert witness used in the report was focused on civil rights issues.
Braverman claims there is no civil rights case since McClary never sustained any injuries or even filed a complaint.
He goes on to say "that experts opinion is not well founded and shouldn't have been addressed and shouldn't have been commissioned."
Braverman feels he has a strong case to make on behalf of lehman when he presents his case to a neutral third party.
In the meantime... officer Lehman is without a job, without pay and is waiting in limbo for a final and binding decision from a neutral third party.
It could take up to three months for a decision.
Baker did not respond to our request for a comment.