Monday, September 28, 2009

Cape man accused of sexually assaulting 8-year-old

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 9/26/09

Cape Coral police have arrested a 30-year-old man accused of sexually assaulting an 8-year-old child Thursday.

Robert Urban of Cape Coral has been charged with sexual assault of a victim under 12 years old, and remained in the Lee County Jail Friday evening, according to booking records.

Witnesses reportedly told police they caught Urban in bed with the 8-year-old and both were nude.

Urban is 6 feet tall and weighs approximately 180 lbs.

According to reports, Urban was staying on a blow-up mattress in the room of a home, though it is unclear who may have been sharing that room with him or who else may have been living in the home.

The victim discussed the details of the incident with a Child Protection Team worker, and was also given a medical exam by a CPT nurse, reports state.

Forensics investigators photographed bedding and the victim’s clothing, and these items were placed into police evidence along with Urban’s clothing.

Urban reportedly denied the incident and declined to speak with officers without a lawyer present.

As the result of an investigation by Cape Coral Detective Todd Kerns, police found probable cause to charge Urban in the incident.

His bond has been set at $500,000.

A soldier comes home; Army Spc. Downey returns to Cape

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 9/26/09

Army Spc. Erika Downey has two families, but she will spend her 20th birthday at home with the people who have watched her grow over the years into a responsible, young adult who is determined to serve her country.

The 19-year-old Iraq veteran joined the U.S. Army two years ago when she turned 18, and served her first tour in Baghdad.

She returned home on leave Wednesday, greeted by her mother, Barbara Desmond.

“It was a shock because my mom definitely went overboard, like mothers do,” Downey said Friday. “That’s really all you have over there besides the people you’re with.”

Downey said she considers those she serves with as family, but to come home to parents, siblings and friends is a heartwarming experience.

“I’m still in shock,” she said.

Downey will celebrate her 20th birthday Sunday and plans to spend her time “just relaxing.” She said she is “just trying to take a load off, sleep a lot and spend time with the family.”

With a mother and father who both retired from the Navy, and a 23-year-old brother, Staff Sgt. Eli Downey, stationed at Fort Polk in Louisiana, Downey grew up understanding what it is to be a part of the United States military.

“I’m a military brat,” she said. “I wanted to be a police officer, but to become an officer in Cape Coral you have to be 21, and I did not see myself going to college at that time.”

In lieu of joining the ranks of the Cape Coral Police Department or going to college, Downey enlisted after graduating from Mariner High School in 2007. She has completed one year of schooling for an associate’s degree in criminal justice through the Army.

Downey said that when she enlisted, her mother and brother understood why she made the decision.

“My mom understood,” Downey said. “Coming from a Navy background, she didn’t take it as hard. My brother said, ‘Good for you.’”

Downey will drive to Missouri, where she will be stationed at Fort Leonard Wood, Thursday. She said she could soon be sent to Afghanistan to begin a second tour over seas.

But now, Downey is looking forward to December, when she will return home to spend the holidays with her family.

“It couldn’t be a greater gift,” she said.

Hefty drop in Cape crime numbers; Mid-year numbers show 11.6 percent decrease in serious or ‘index’ crimes reported to FDLE

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 9/26/09

Law enforcement officials report an overall decrease in crime numbers in Cape Coral, Lee County and the state of Florida for the first half of 2009.

Cape Coral saw an 11.6 percent decrease in crime in the first six months of 2009 as compared to 2008, according to city spokesperson Connie Barron.

The city had 2,414 total "index" crimes from January to June of this year, as opposed to 2,732 index crimes reported during that same time frame in 2008.

Index crimes fall into two categories, violent crimes and property crimes. Violent crimes measured among index crimes include murder, sexual offenses, robbery and aggravated assault. Property crimes counted among index crimes include burglary, larceny and motor vehicle thefts.

According to a semi-annual report released by the Florida Department of Law Enforcement Wednesday, Cape Coral is ranked as the fifth safest city in Florida with populations exceeding 100,000 people. Palm Bay, Coral Springs, Miramar and Port St. Lucie are ranked first through fourth, respectively.

"We are pleased that we have been able to work together-the community and police-to keep our crime rate low and our citizens safe," Cape Coral Police Chief Rob Petrovich said in a written statement released Friday. "While we know that we cannot stop every crime from occurring, we can continue our proactive efforts to target specific areas of concern and respond quickly to all criminal incidents."

There have been three murders in Cape Coral in 2009, a 40 percent decrease from the first half of 2008, while rape has seen the largest decrease by 61.1 percent.

The only major crime to see an increase this year is robbery, which has gone up by 5.7 percent to a total of 56 in Cape Coral. However, robberies are down 17.53 percent throughout the county.

In Lee County, major crimes are down by 13.57 percent, from 6,966 to 6,021. Murder is down 26.67 percent in Lee County while forced sex crimes are down 32.59 percent.

Lee County Sheriff's Office arrests are down 19.69 percent, from 11,584 to 9,303.

The Florida Department of Law Enforcement reports violent crimes statewide are down 9.7 percent, while non-violent crimes are down 7.6 percent.

In general, crime in the state of Florida is down 7.9 percent, according to FDLE's mid-year report.

"The decrease in the volume of crime is a very encouraging sign," Gov. Charlie Crist wrote in a prepared statement this week. "Public safety is a priority across the state, and the proactive programs and policies we are putting in place will continue to make a difference in keeping our streets and communities safe. I thank law enforcement officers across our state for their service in protecting the people of Florida."

FDLE Commissioner Gerald Bailey said Wednesday that "The first half of the year is typically a good indicator as to what's ahead for the rest of the year."

According to FDLE figures, murder is down 18.8 percent, forcible sex crimes are down 4.1 percent and robberies are down 13 percent statewide.

The report, compiling information submitted by 404 law enforcement agencies throughout the state, reflects crime volume, as opposed to crime rate as it relates to population size, according to FDLE officials. Crime rate is a component of the annual report.

The 2009 semi-annual report and a county-by-county breakdown of crime in Florida is available at the FDLE Web site at www.fdle.state.fl.us/fsac/ucr/.

Sheriff’s Office identifies inmate found unresponsive in cell

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 9/26/09 
 
Sheriff's officials have identified a Lee County Jail inmate who died Thursday night after he was found unresponsive with a sheet wrapped around his neck inside his cell.

Joseph McGinley, 42, of 7204 Emily Drive, Fort Myers, was discovered by Lee County corrections deputies and medical staff during a "routine medication pass" at about 10:25 p.m., according to Lee County Sheriff's officials.

He was taken to the Lee Memorial Hospital where he was later pronounced dead at 11:15 p.m.

According to Capt. Tom Eberhardt, McGinley was not on suicide watch at the time of the incident, however Eberhardt said further details would not be released until a report had been compiled and reviewed.

McGinley had been booked into the Lee County Jail Wednesday morning at about 1:15 a.m. on a violation of probation charge, records show.

McGinley had last been in the Lee County Jail on a separate violation of probation June 5 and was released the same day, booking records show.

The Lee County Sheriff's Office has charged McGinley with several felonies and misdemeanors since 2006, including fraudulently using a police badge or law enforcement vehicle, carrying a concealed firearm and unlawful possession of prescription drugs.

Monday, September 21, 2009

Records reveal officers under investigation have good performance reviews

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 9/19/09

Records indicate that two Cape Coral officers who are the subject of a federal investigation have excelled in their duties with the Cape Coral Police Department.

The U.S. Secret Service and Cape Coral Police Department are conducting a joint investigation involving Sgt. James O'Brien and Detective Steve Petrovich, the son of Police Chief Rob Petrovich. The two have been placed on administrative duty pending the outcome of the investigation.

No charges have been filed.

Cape Coral Police Department officials have declined to speak on the nature of the investigation, citing regulations preventing their comment.

According to his personnel file, O'Brien became a sergeant with the Special Operations Unit in 2006, and maintained excellent or good markings throughout his career.

O'Brien has worked with the Cape Coral Police Department for 10 years and makes an annual salary of $68,244.

Regarding O'Brien's leadership ability, a superior officer wrote that O'Brien "shows dynamic leadership qualities, he also exhibits confidence and assurance."

The superior said of O'Brien that he "doesn't shy away from making difficult decisions both administratively and in street situations. Sgt. O'Brien will evaluate his choices before deciding a course of action."

O'Brien is experienced as a member of the SWAT Team, Mounted Patrol and Honor Guard, records show.

One citizen, whose house was burglarized and whose car was stolen on Christmas, commended the efforts of O'Brien and several others in apprehending those responsible.

"Because of this, two suspects were arrested and about one third of our property was recovered as well as our car," the citizen wrote. "It is very comforting to know that the Cape Coral Police Department were there for us in our time of need."

Petrovich, a detective with the Property and Financial Crimes section, has worked with the department for 11 years and makes an annual salary of $64,084.

Petrovich has worked as a representative of the Department to the State Attorney's Office and also as a sergeant with the Vice Intelligence and Narcotics Unit, among other assignments.

In 2005 a superior remarked that Petrovich was "the glue that has held the VIN Unit together."
In his personnel file, Petrovich was referred to as reliable, showing a strong interest in professional development and innovative when working with limited resources.

Petrovich also has mostly good and excellent ratings throughout his career with CCPD.

Records show that in 2002, Petrovich searched a truck which he had stopped due to an equipment violation, and issued the driver a warning. However, upon searching the truck Petrovich discovered hundreds of pornographic pictures of children, along with 22 computer disks and a number of pornographic magazines which were seized. The driver was subsequently arrested.

A superior nominated Petrovich for officer of the month, stating "...a possibly dangerous suspect... was removed from the streets making the city of Cape Coral a safer place for families to live."

Both O'Brien and Petrovich are members of the Lodge 33 Fraternal Order of Police. However, since the nature of the investigation is not duty-related, the FOP cannot legally represent the officers, said the organization's president, Kurtis Grau.

"We will continue to provide emotional support to these officers and their families throughout this process," Grau said earlier this week.

Petrovich, O'Brien and his wife Lea are vice president, president and secretary, respectively, of a company called Tactical Protection & Investigation, Inc. According to the company's Web site, they offer courses for concealed weapons permits.

Wednesday, September 16, 2009

Officials: 2 officers under investigation; One is a detective, son of police chief in Cape

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 9/16/09

Two Cape Coral officers, one of whom is the son of Police Chief Rob Petrovich, have been placed on administrative duty pending the outcome of a joint investigation by the U.S. Secret Service and Cape Coral Police Department, officials said Tuesday.

Sgt. James O'Brien and Detective Steve Petrovich have been placed on administrative duty as the investigation continues, though charges have not been filed against the officers, according to city spokesperson Connie Barron.

Barron declined to comment on whether the investigation is criminal in nature.

"We are not at liberty to discuss the specifics of the investigation," she said.

The Cape Coral Police Department cannot comment on the investigation per Florida statute, Barron said, adding that " ... the (police) chief absolutely will not have any comment on this matter."

Barron said that due to Petrovich's relationship to the police chief, the investigation and related disciplinary action will be handled by Deputy Police Chief Jay Murphy, under the supervision of City Manager Terry Stewart.

"I cannot comment on anything concerning the investigation," said Kurtis Grau, president of the Cape Coral Fraternal Order of Police Lodge 33. "I can tell you that because this was not a duty-related incident that the FOP will not provide any legal representation. The FOP will represent them in any disciplinary actions within the department that may occur as a result of the investigation. We will continue to provide emotional support to these officers and their families throughout this process."

O'Brien has been a police officer with the CCPD for 10 years and makes a base salary of $68,244 a year, according to Barron. Petrovich has worked for the department for 11 years and makes $64,084 a year.

She said the federal investigation remains under investigation.
 
 

Motorcyclist dies from injuries after struck by car

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 9/16/09

A motorcyclist died as a result of injuries suffered in a crash Tuesday afternoon in Cape Coral.

Donald Richard Erwin, 59, was struck while riding his motorcycle eastbound on Pine Island Road at about 1:16 p.m. by a Honda Civic driven by Virginia Murphy, according to city spokesperson Connie Barron. Erwin was not wearing a helmet.

Barron said Murphy, 62, was headed west on Pine Island when she attempted to turn left onto southbound Chiquita Boulevard, cutting off several drivers in the left turn lane and striking Erwin, who attempted to avoid the crash but lost control and skidded into Murphy's path.

Erwin was ejected from his motorcycle and came to rest in the eastbound lanes of Pine Island.
A Medstar helicopter transported Erwin to Lee Memorial Hospital, where he died of his injuries. Murphy suffered minor injuries in the crash.

Erwin is the third motorcycle death in Cape Coral in 2009 and the seventh traffic fatality, Barron said.
Police have opened a criminal investigation to determine whether alcohol was a factor in the crash, she said.

Medstar responded to a second accident Tuesday in which a car crashed into a tree at Santa Barbara Boulevard and Diplomat Parkway.

Two people suffered injuries as a result of the crash, and both were transported by helicopter to the hospital, according to Barron. Their conditions were not available Tuesday evening.