FDLE Special Agent Supervisor Non-Committal As to Action FDLE and Governor's Office Are Taking; Says Decision Will Be Forthcoming in Two Weeks  

Tallahassee, FLORIDA:   Wednesday, February 3, 2010:  Special FDLE Agent Supervisor, Robert LeFiles, of the FDLE Tallahassee office, informed civic activist Brian Moore today that the matter of fugitive James Rayford's drowning in a Hernando county lake, and the subsequent internal investigation results clearing the Hernando County Sheriff's Department of any wrongdoing, is presently "being reviewed by both the FDLE and the Governor's office together," as to the "appropriate course of action, if any, that should be taken in this case."

LeFiles said his phone call to Moore was in response to Moore's letter of December 8, 2010, which was written by the activist after learning that the Sheriff's internal investigation concluded that the drowning of James Rayford was an accident caused by the fugitive himself.

Mr. LeFiles, who works as a supervisor, directly under the Agent on Duty, Rose Davis, for the Executive Investigative branch in the regional operations center of the FDLE in Tallahassee, told Moore that the final word on the matter would be "forthcoming in two weeks."  LeFiles said "no decision has been made" on the issue, that it is "under review by both entities now" and "they do not know the direction their final decision will take."

Moore informed Supervisory Agent LeFiles that he was "happy to hear that the FDLE investigative office had not yet made a decision, which means your agency and the governor are taking the issue seriously."  Moore continued in his telephone conversation with LeFiles that "I still have hope" that the FDLE, in conjunction with the Governor's office, will recognize the merit of his arguments that the sheriff's office erred in its pursuit procedures and from its negligent actions, in attempting to capture the fugitive, who was fleeing from sheriff deputies in an 8-foot kayak, on the lake.  Moore has stated that the sheriffs' "reckless pursuit" caused Mr. Rayford's death unnecessarily. 

Moore concluded his conversation with Supervisor LeFiles saying that "subsequent to my letter of December 8, 2009, around Christmas eve day, three fishermen in a 32 foot boat were rescued in the Gulf of Mexico by the U.S. Coast Guard, using a helicopter, cautiously, by not flying too close "for fear of pitching the men into the churning waters."  Moore said that the Coast Guard lowered a swimmer into the water, away from the boat, and the CG swimmer guided the men individually back to the distant rope hanging from the helicopter.  Moore emphasized that the US Coast Guard helicopter was far enough away from the boat not to capsize it with its powerful blades and aero engines.  Moore told LeFiles that the Coast Guard said it was a "classic case of how to rescue people in distress in water surroundings."  Moore hoped the FDLE and the Governor's  office would take the contrasting methods into consideration in making their decision of wrongdoing or not.

Moore has received two other letters, one from the Office of the Governor, dated January 6, 2010, and signed by Dustin Fusillo, Office of Citizen Services.  Mr. Fusillo stated that "Allegations against law enforcement agencies should be directed to the Florida Department of Law Enforcement's Office of Executive Investigations in Tallahassee," which Moore had already done.

Fusillo continued that "Those who believe law enforcement officers may be guilty of criminal misconduct should bring their evidence to the local state attorney," where the decision to charge a person for crimes is made by the state attorney...."

A second letter, dated January 12, 2010, was also received by Moore from Bill McCollum's office, Attorney General for the State of Florida.  It was signed by Frances Baker, Office of Citizens Services.  The AG letter referred such matters to the Florida Department of Law Enforcement, but added that Moore may wish to contact the Florida Commission on Ethics and the Governor's Office as well.

McCollum's office further stated that "If you are seeking an outside investigation, the Attorney General does not have authority to appoint a special prosecutor."  However, the letter continued, "The Governor...has the authority to issue executive orders assigning 'special prosecutors.'  "Special prosecutors are state attorneys assigned to handle criminal matters outside of their particular circuits." 

Moore said requesting 'special prosecutors' is another option, but he hopes Governor Crist and the FDLE will address the matter "head on" in the next two weeks.

 

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