Friday, October 27, 2006
could anyone please help
Yesterday i spoke to asst. prosecutor again. He tells me that he got complaint over phone from F.W.C. he says it was rejected and if someone were to file sworn statement, or police agency arrest and file grand theft charges they would look at it again. How do you have a state police agency call and tell you they were decieved by these people and lied to in order to gain posession of this boat and not do a damn thing about it.?
i am begging for anyone who can help please contact me through this post-please
i am begging for anyone who can help please contact me through this post-please
Tuesday, October 24, 2006
Officer Seth wingard(f.w.c)no report made
As i mentioned in original blog officer Seth Wingard was first officer on scene of boat adrift. I spoke to officer Wingard last week and was told by him he just got files dumped in his lap and was to go over files thourughly and dot all i's and cross all t's. Well as of today officer returned my call and now says no report was made at all. I dont think the f.w.c sees the seriousness of giving a $200,000 boat to someone it didnt belong to. i will keep you posted
Monday, October 23, 2006
ocean key resort key west commits grand theft
In June 05, my wife and I bought a sunset/snorkeling business in Key West, Florida. After a couple of months in business we noticed we were losing thousands of dollars from hotel concierges, at Ocean Key Resort, referring business to competitors on the island for cash. With boat dock rent of 3k month, the hotel was supposed to refer business to the businesses in back of the hotel, paying outrageous rent to them. I brought the matter up to the new manager, Steve Boswell and he assured us he would fix that problem and it would never happen again. In September/October 05 the hurricanes ripped through the
Key West/Florida Keys area one after another and destroyed some docks behind the hotel and most of the walkway. Our slip was in tact so we were allowed to bring our boat back to the slip at no charge until walkways and some dock areas were repaired. On December 05 the walks were finished and we were given the ok to resume. Business owners in the back of the hotel were told that soon the docks would be shut down because of a total rebuild. I told Steve Boswell, hotel manager, that we were going to put boat up for sale and move it. He begged us to stay and said he would give us 6 months rent free to rectify the problem with concierges or we could leave if it wasn't fixed. Well, sad to say he didn't keep promise. Thousands were still being lost to our competitors. Enough is enough I said and ordered an employee to take the boat 23 miles up the coast to Cudjoe Key, Florida and tie it down in the bay until a dock for a 45 foot boat could be located. The next day an employee called me and said the boat had disappeared and was no where to be found. I then called Monroe County Sheriffs Department, where my employee made a theft report. I was told by the sheriffs office, that a call came in from a resident, that the boat was adrift, and they called Florida Wildlife Commision, F.W.C., who's officers showed up first to the boat adrift. Officer Seth Wingard, a new officer just out of the academy, was first on the scene and boarded my boat to try and find out who the owner was so he could contact them. Just then, Kevin at Sea Tow, a local boat towing service, showed up. He said he waited next to the boat to see if officers would need boat towed to impound until owner could be located. At that time a call came in over the radio saying they were from the Ocean Key Resort and were looking for the boat. They claimed it broke loose in Key West and they were in charge while owner was out of town. The officer fell for the story and released my $200,000 boat to them. Later that day my employees got word that the boat was at the hotel, chained up on the dock and partially dismantled. I called the sheriffs department and told them where the boat was located. A deputy went to the Ocean Key Resort, where he witnessed the stolen boat chained up to the docks and was partially dismantled as I had said. In the officer's report, he says he went to the people in charge at the hotel desk, asked them about the boat and they said they had a lien on the boat but had no paperwork to show proof. The officer also mentioned in the report that he saw where the boat was dismantled. The officer then left the boat at the resort, taking their word. I called the sheriff deputy the next day. He told me it is a civil matter and there is nothing they could do about it. The statuate they are claiming is 328.17, a possessiary lien in Florida, that allows marinas, who get stiffed, to keep possession of a boat until back money is paid. It does not allow someone who is not in possession to claim lien or steal a boat under false pretenses from state police officers to gain possession, so a grand theft was commited. I then called the F.W.C., upset about their police officer giving my boat away to someone with no paperwork as proof. I spoke to Allen Richard, an attorney with the F.W.C., whom at first was upset and said grand theft was committed along with interferring with a police investigation and other charges he could file but would need to sleep on it to figure which charges to file. I called Allen Richards back the next day, where to my surprise his tune had changed. He apologized on behalf of the State of Florida and the F.W.C. and said because the officer, Seth Wingard, was a new officer and made a mistake giving my boat to unauthorized persons there was nothing he could do and that I would have to file a civil claim against the hotel. I was pissed as hell, an officer of the law allowed a boat to be taken from him under these conditions and they weren't going to do a damn thing about it. I called the Monroe State Attorney Mark Kohl's office in Key West wanting charges to be filed on the hotel and all people involved in boat theft. I was told that they would investigate and get back to me. A week or so later I got a letter saying they were not filing charges and this was a civil matter. I guess when I was told they would do an investigation I would at least think they would call all parties involved and check story and they didn't. I think it is sad when the State Attorney Mark Kohl can't prosecute a major hotel in Key West, who was involved in a grand theft, because of the influence a big money hotel, Ocean KeyResort, in Key West has with his office. Shortly after all this I called the Monroe County Sheriff direct and spoke to Richard Roth, the sheriff, himself. He put me on a three way conversation with him and his head attorney. He was a very nice gentleman but, sorry, I don't remember his name. I explained to sheriff Roth about my boat at the hotel and the story. He said he would love to go arrest people involved for grand theft but couldn't because State Attorney Mark Kohl already said he wouldn't file charges. Below is a message from Mark Kohl's web site in Key West. Not only do I find it funny but, I sit here wondering how someone in his position could allow a theft like this and do nothing about it, then post a message like this to the people in his jurisdiction ... what a joke.
Key West/Florida Keys area one after another and destroyed some docks behind the hotel and most of the walkway. Our slip was in tact so we were allowed to bring our boat back to the slip at no charge until walkways and some dock areas were repaired. On December 05 the walks were finished and we were given the ok to resume. Business owners in the back of the hotel were told that soon the docks would be shut down because of a total rebuild. I told Steve Boswell, hotel manager, that we were going to put boat up for sale and move it. He begged us to stay and said he would give us 6 months rent free to rectify the problem with concierges or we could leave if it wasn't fixed. Well, sad to say he didn't keep promise. Thousands were still being lost to our competitors. Enough is enough I said and ordered an employee to take the boat 23 miles up the coast to Cudjoe Key, Florida and tie it down in the bay until a dock for a 45 foot boat could be located. The next day an employee called me and said the boat had disappeared and was no where to be found. I then called Monroe County Sheriffs Department, where my employee made a theft report. I was told by the sheriffs office, that a call came in from a resident, that the boat was adrift, and they called Florida Wildlife Commision, F.W.C., who's officers showed up first to the boat adrift. Officer Seth Wingard, a new officer just out of the academy, was first on the scene and boarded my boat to try and find out who the owner was so he could contact them. Just then, Kevin at Sea Tow, a local boat towing service, showed up. He said he waited next to the boat to see if officers would need boat towed to impound until owner could be located. At that time a call came in over the radio saying they were from the Ocean Key Resort and were looking for the boat. They claimed it broke loose in Key West and they were in charge while owner was out of town. The officer fell for the story and released my $200,000 boat to them. Later that day my employees got word that the boat was at the hotel, chained up on the dock and partially dismantled. I called the sheriffs department and told them where the boat was located. A deputy went to the Ocean Key Resort, where he witnessed the stolen boat chained up to the docks and was partially dismantled as I had said. In the officer's report, he says he went to the people in charge at the hotel desk, asked them about the boat and they said they had a lien on the boat but had no paperwork to show proof. The officer also mentioned in the report that he saw where the boat was dismantled. The officer then left the boat at the resort, taking their word. I called the sheriff deputy the next day. He told me it is a civil matter and there is nothing they could do about it. The statuate they are claiming is 328.17, a possessiary lien in Florida, that allows marinas, who get stiffed, to keep possession of a boat until back money is paid. It does not allow someone who is not in possession to claim lien or steal a boat under false pretenses from state police officers to gain possession, so a grand theft was commited. I then called the F.W.C., upset about their police officer giving my boat away to someone with no paperwork as proof. I spoke to Allen Richard, an attorney with the F.W.C., whom at first was upset and said grand theft was committed along with interferring with a police investigation and other charges he could file but would need to sleep on it to figure which charges to file. I called Allen Richards back the next day, where to my surprise his tune had changed. He apologized on behalf of the State of Florida and the F.W.C. and said because the officer, Seth Wingard, was a new officer and made a mistake giving my boat to unauthorized persons there was nothing he could do and that I would have to file a civil claim against the hotel. I was pissed as hell, an officer of the law allowed a boat to be taken from him under these conditions and they weren't going to do a damn thing about it. I called the Monroe State Attorney Mark Kohl's office in Key West wanting charges to be filed on the hotel and all people involved in boat theft. I was told that they would investigate and get back to me. A week or so later I got a letter saying they were not filing charges and this was a civil matter. I guess when I was told they would do an investigation I would at least think they would call all parties involved and check story and they didn't. I think it is sad when the State Attorney Mark Kohl can't prosecute a major hotel in Key West, who was involved in a grand theft, because of the influence a big money hotel, Ocean KeyResort, in Key West has with his office. Shortly after all this I called the Monroe County Sheriff direct and spoke to Richard Roth, the sheriff, himself. He put me on a three way conversation with him and his head attorney. He was a very nice gentleman but, sorry, I don't remember his name. I explained to sheriff Roth about my boat at the hotel and the story. He said he would love to go arrest people involved for grand theft but couldn't because State Attorney Mark Kohl already said he wouldn't file charges. Below is a message from Mark Kohl's web site in Key West. Not only do I find it funny but, I sit here wondering how someone in his position could allow a theft like this and do nothing about it, then post a message like this to the people in his jurisdiction ... what a joke.
A message from:
Mark E. Kohl
State Attorney
Anyone can become the victim of a crime, regardless of religious, social, ethnic, or educational background. In addition to fear, rage, isolation and confusion, many victims experience emotional and physical distress. The situation is compounded by the criminal system which is often confusing and intimidating.
The information contained in this website is intended to give you a better understanding of your rights and the justice system. We have included basic information about resources that are available to assist you here in Monroe County. With this information as a starting point we should be able to help lessen the trauma associated with becoming a crime victim.
A successful criminal prosecution is dependant upon our ability to work together. My office is here to seek justice, and to help you, the victim, through the process. My staff and I are committed to working with you in order to ensure that justice is done.
Mark E. Kohl
State Attorney
Anyone can become the victim of a crime, regardless of religious, social, ethnic, or educational background. In addition to fear, rage, isolation and confusion, many victims experience emotional and physical distress. The situation is compounded by the criminal system which is often confusing and intimidating.
The information contained in this website is intended to give you a better understanding of your rights and the justice system. We have included basic information about resources that are available to assist you here in Monroe County. With this information as a starting point we should be able to help lessen the trauma associated with becoming a crime victim.
A successful criminal prosecution is dependant upon our ability to work together. My office is here to seek justice, and to help you, the victim, through the process. My staff and I are committed to working with you in order to ensure that justice is done.
Last week I spoke to the F.W.C. on a three way conference call. Up to this point they have given me every excuse possible about what happened. I called Seth Wingard, the officer at scene of the theft, and asked him a few questions about the boat theft. He now cannot remember, but said the case was just dumped in his lap a few minutes earlier and he was to read and re-do reports and would get back to me after refreshing his memory. During the three way call with the F.W.C., I spoke to Jim Antista, I am not sure of the exact spelling, the head attorney for F.W.C., Chuck Collins, not sure of position, and Darlin Stockfish of F.W.C. Many of my questions could not be answered but, the head attorney said he thought paperwork for lease of boat slip was shown to Officer Wingard when he gave my boat away. The story changed from officer saying it was all verbal, to an attorney for F.W.C. saying he thought a lease contract was shown to officer before giving boat away. I called LT. Bill Burns at the Key West F.W.C. office and although he said he wasn't Officer Wingards boss, he remembers seeing the report and remembers the officers report saying it was all verbal. I will say through all the hell I've been through so far, Darlin Stockfish at F.W.C. has been great. I spoke to her today and she still tells me she has asked for a full report of the case and feels something very fishy is going on here. She also says since hearing my story it has been very upsetting to her and more upsetting that the legal staff at the F.W.C. will not just fess up to their mistake and make it right. Last but not least, when the F.W.C. officer is investigating a boat adrift this close to shore they first try to locate owner, if owner cannot be found they have it towed to a secure area until owner can be found. In my case the Sea Tow of Big Pine owner Kevin was already on the scene ready to tow. They do not give a boat to just anyone without showing paper work. I called 3 offices of the F.W.C. throughout Florida to check procedures. I spoke to lieutenants and captains in charge. I ran the scenerio past all and they all said the owner must be located, if they cannot locate owners immediately the boat is taken to a safe place. They do not give boats to just anyone without ownership papers or legal court papers. I guess it is hard for some people to just say we screwed up royally. The one point me and the head legal council agreed on is that F.W.C. will be a witness in this matter and I was also told if paperwork was not given to Prosecutors Mark Kohl's office, they would file paperwork to get charges filed. I will update this blog as soon as new information comes available. Stay tuned to see if State Attorney Mark Kohl does what he is in position to do or lets the big money hotel influence him more.
WHAT I WOULD LIKE TO SEE DONE....
State attorneys office, Mark Kohl, to file grand theft and other charges on the hotel and people they sent to steal my boat. Now is the time to step up and not be influenced by deep corporate pockets. Read your own website message and follow it. That is what you were elected to do.
Florida Wildlife Commision, F.W.C. -The head attorney needs to send a message to State Attorney Mark Kohl's office letting him know our sworn officers will not be lied to in order to commit a grand theft. or better yet file theft charges on all partie involved.(lets see if this really happens)
