HomeMy Public PortalAboutPRR 15-1994From: Jonathan O'Boyle[mailto:ioboyle(oboboylelawfirm.comj
Sent: Monday, October 12, 2015 1:02 PM
To: OConnor, Joanne M.
Cc: Maria Sciolto Alvarez
Subject: RE: Records Request - JRO 7/14/15
Hey Joanne, I am writing to get back to you on the records request.
First, is there anything else out there with regard to the Board of Bar Examiners? This
request can now take the slow route so I would categorize it as a "low priority."
Second, I disagree that Jones Foster or Mr. Sweetapple's firm are "outside counsel." As
such, if records exists that concern ethical rules that I have referenced previously, I would
kindly ask that you let me know that they exist and state a basis for why the Town or JF
thinks that such records do not constitute public records — I think that is fair under Due
Process and a reasonable good -faith response. Then I can make a determination as to
whether to alert the Attorney General's office for mediation or — as per usual, I suggest that
the Town seek an advisory opinion from the Attorney General. I would consider this one a
"low priority."
Third, I would kindly ask that text messages, voicemails, memoranda, or whatever reflecting
my UPL File or Character and Fitness be released. Both investigations are now over, yet
according to the Bar Rules, neither was adversarial with respect to the Town. Additionally I
want to alert you again that insofar as those records reflect litigation strategy or were used
for other purposes, it is my position that they are releasable. Again "low priority." I will
note that under Chapter 119, searches are not compensable, if you intend to assess a special
"search" charge, please let me know the Town's authority so I can reconsider.
Fourth, I would like a copy of a records request I made to Rita Taylor in the fall/winter of
2013. I cannot right now remember what was in it precisely, but I remember she made me
write it out on a piece of yellow notebook paper (Legal Size if I remember) and it references
being put on the "bad list" with Mr. O'Hare. I know it is the only request I made by hand in
2013 so that should be enough information to locate the record. It is a one -pager. "Mid -
Priority."
Penultimately, there was an incident at Town Hall regarding Martin O'Boyle on September
22, 2015 at the Town Hall Meeting. I would like any incident reports or charging documents
that stemmed from that incident including the drafts or memoranda reflecting the Town's
version of the events and decisions regarding what charges to make against Matin O'Boyle —
this includes any video, audio, or writings which reflect the events. I want to put you on
notice that I will likely be asking for all public records generated from that incident as well
as the employment file and application of the officers involved as well as any other Brady
information — but not yet. For now, I am also seeking whatever manual's are out there
reflecting the Town's policing policies/ employment policies as well as any policies reflecting
the Town's ADA or Federal Rehabilitation Act duties: "High Priority."
Lastly, I am requesting all Lexis reports run on myself, or any of the Defendant's in the RICO
suit as well as their friends, family, or entities. I also want any public records reflecting the
authority to run those reports, or the direction from the Town. Additionally, I want all public
records generated subsequent to those reports that discuss those reports. As I stated
previously, I have asked for information about a week or so ago, I heard nothing, so I am
following up with this request. I want to know everything about my report, other reports,
and what was said prior and subsequent to those reports regarding the same. I hope that
helps you understand my request better.
To be clear I am asking for these records under the Florida Constitution, Chapter 119, and
the common law right of access/right to know.
While my motivations are irrelevant under the positive Florida Laws, I have worked with the
common law right to know before, there motivation is relevant and the test for what
constitutes a public record is more broad, so let me explain. I believe that numerous
criminal acts have been committed to attain my federally protected private information, I
have a compelling interest in understanding why my privacy rights have been violated and if
it has occurred to other individuals so that I can take the appropriate action to preserve my
privacy rights and make efforts to stop any unlawful behavior.
If the Town does not believe those records are public, again please explain. If the Town
believes that they have an interest in non -disclosure, please explain. I will note that I just
need the first page of the reports and the name of the individual — all else can be redacted to
ameliorate any privacy interests in non -disclosure. Although I am going two-steps ahead
here, I also have no intent to publish anyone else's reports (which should ameliorate the
Town's interest in non -disclosure further) but I reserve the right to bring them to the
appropriate State/Federal judicial/executive branches. "High Priority."
As always, I do not wish to incur fees without my consent and we can discuss a production
schedule if necessary. Also, if you need any clarification or spot a record that you think
might be responsive but are not sure, let me know and we can work it out accordingly.
Thanks.
I HEREBY CERTIFY THAT TNiS 1S
Gulf Stream Police Department= t ��
246 Sea Road
Gulf Stream, FL 33483
Phone: (561) 278-8611 Fax: (561) 276-2528
Page 1 of 2 Complaint Number: 15-1672
_ ..
-OFFENSE REPORT__ _ .._. _ . _ ....
Incident Type: DISORDERELY CONDUCT
Location of Incident: 100 SEA RD. Zone: 2
GULF STREAM FL 33483
Type of Premises: GOVERNMENT BLDG Processed By: SGT. JOHN PASSEGGIATA
Time of Call: 1750
Time of Arrival: 1750 Other Units Notified: CHIEF WARD, LT. ALLEN
Time Completed: 1820
Officer Injured: NO Officer Killed/Assaulted: NO
Date/Time Reported: 09/22/2015 17:50
Occurred From:
Domestic: NO
Juvenile Involved: NO
Reporting Officer: SGT. JOHN PASSEGGIATA
WITNESS
Name: SERGE DELAVH,LE
Home Address:
Name:
Business Name:
Name:
Race:
Date of Birth:
Home Address:
4225 COUNTY RD
Home Phone:
(561) 274-4940
GULF STREAM FL 33483
Cell Phone:
(561) 573-7150
_R .-.
_WITNESS__
_.-... ._....___
WILLIAM THRASHER
Business Phone:
(561) 278-8611
GULF STREAM TOWN MANAGER
MARTIN O'BOYLE
WHITE
10/12/1951
23 HIDDEN HARBOUR
GULF STREAM FL 33483
.-KNOWN SUSPECT
Sex: MALE
0
Home Phone: (561) 272-5468
INCIDENT SUMMARY
AT THE ABOVE DATE AND TIME AT, THE END OF A PUBLIC TOWN HALL MEETING AT 100 SEA RD, MR. MARTIN
O'BOYLE A GULF STREAM RESIDENT WAS ACTING DISORDERLY BY ENGAGING IN SUCH CONDUCT AS TO
CONSTITUTE A BREACH OF THE PEACE. MR. OB'OYLE ATTEMPTED TO DEFACE PUBLIC PROPERTY BY
WRITING WITH A MARKER ON A POSTER DISPLAYED AT TOWN HALL. WHEN I DIRECTED MR. O,BOYLE TO
REFRAIN FROM HIS ATTEMPT TO DEFACE THE POSTER, HE ASKED, WHAT ARE YOU GONNA DO ABOUT 1T ?".
I THEN DIRECTED MR O'BOYLE TO MOVE AWAY FROM THE POSTER AND HE LOUDLY REPLIED "FUCK
YOU." I THEN DIRECTED MR O'BOYLE TO LEAVE THE BUILDING AND HIS LOUD RESPONSE WAS, "GO FUCK
YOURSELF". AT THAT POINT, CHIEF WARD ENGAGED O'BOYLE IN AN ATTEMPT TO HAVE HIM COMPLY WITH
MY DIRECTION TO LEAVE THE BUILDING. HE LOUDLY RESPONDED TO THE CHIEF, "FUCK YOU, GO FUCK
YOURSELF YOU FUCKING ASSHOLE". O,BOYLE THEN MOVED DIRECTLY IN FRONT OF CHIEF WARD AT A
VERY CLOSE DISTANCE FROM HIM, PUFFED UP HIS CHEST AND SHOULDERS AND GLARED AT THE CHIEF IN A
THREATENING MANNER. CHIEF WARD ASKED O,BOYLE, "WHAT IS THAT A COMBAT STANCE?" O,BOYLE
RESPONDED, "YEAH ITS A COMBAT STANCE."
Page 2 of 2 Complaint Number: 15-1672
I THEN ATTEMPTED TO ESCORT O'BOYLE FROM THE BUILDING. HE MOVED TO THE EXIT DOOR WHICH
WAS IN AN OPEN POSITION AND THEN STOPPED AND PULLED HIS ARM FREE OF MY HAND, STATING, "I'M
NOT GOING ANYWHERE." HE THEN GRABBED THE DOOR FRAME AND GINGERLY LOWERED HIMSELF TO
HIS KNEES. CHIEF WARD AND I ATTEMPTED TO RAISE HIM TO HIS FEET BUT HE REFUSED TO COOPERATE.
HE THEN CALLED TO AN EMPLOYEE AND SAID "CALL 911, GET ME AN AMBULANCE". .
MR. O'BOYLE WENT TO HIS KNEES ON HIS OWN VOLITION AND DID NOT APPEAR TO SUSTAIN ANY INJURY.
IT WAS LATER KNOWN THAT HE WAS CHECKED AT THE HOSPITALAND RELEASED. THIS INCIDENT
OCCURRED IN THE GULF STREAM TOWN HALL LOBBY WHEN MEETING ATTENDEES WERE PASSING
THROUGH THE LOBBY AND WERE SUBJECTED TO O'BOYLE'S TIRADE OF OBSCENITIES AND HIS DISRUPTIVE
AND DISORDERLY CONDUCT.
PROBALBLE CAUSE EXISTS TO CHARGE O'BOYLE IN THAT HE ACTED IN A DISORDERLY MANNER,
OBSTRUCTED JUSTICE AND RESISTED AN OFFICER WITHOUT VIOLENCE. MR. O'BOYLE DID NOT COMPLY
WITH A LAWFUL ORDER TO LEAVE TOWN HALL ON SEVERAL OCCASIONS.
Page I of I
�e Gulf Stream Police Department
246 Sea Road
FLA. Gulf Stream, FL 33483
Phone: (561) 278-8611 Fax: (561) 276-2528
SUPPLEMENTAL OFFENSE REPORT
Incident/Reclassification:
Report Status: ACTIVE Report Date/Time:
Reporting Officer: CHIEF GARRETT WARD
INCIDENT SUMMARY
Complaint Number: 15-1672
ON TUESDAY, 9/2215 AT APPROXIMATELY 150 HRS. I WAS STANDING IN THE LOBBY OF GULF STEAM TOWN
HALL" THE CONCLUSION OFA PUBLIC MEETING. AT THAT TIME I OBSERVED MARTIN O'BOYLE, A GULF
STREAM RESIDENT APPROACH SGT. JOHN PASSEGGIATA WHO WAS STANDING IN THE LOBBY NEXT TO
INFORMATIONAL POSTERS THAT WERE AFFIXED TO THE LOBBY WALL. O'BOYLE TOLD THE SGT. THAT
HE WAS GOING TO CROSS OUT INFORMATION ON THE POSTER AND HAD A MARKING PEN IN HIS HAND.
THE SGT. DIRECTED O'BOYLE NOT TO DEFACE THE POSTER AND O'BOYLE RESPONDED, "WHAT ARE YOU
GONNA DO ABOUT IT?" THE SGT. THEN DIRECTED O'BOYLE TO MOVE AWAY FROM THE POSTER AND
OBOYLE'S REPLY WAS, "FUCK YOU." I THEN HEARD SGT. PASSEGGIATA DIRECT O'BOYLE TO LEAVE THE
BUILDING AND O'BOYLE LOUDLY RESPONDED, "GO FUCK YOURSELF." AT THAT POINT I APPROACHED
O'BOYLE TO ADVISE HIM TO FOLLOW THE SGTS. DIRECTIONS. AS I DID HE SAID, "FUCK YOU, GO FUCK
YOURSELF YOU FUCKING ASSHOLE." HE THEN MOVED VERY CLOSE TO ME, STUCK OUT HIS CHEST IN A
THREATENING MANNER AND GLARED AT ME. I ASKED O'BOYLE IF THAT WAS A COMBAT STANCE AND HE
REPLIED, "YEAH, ITS A COMBAT STANCE." I TOLD O'BOYLE THAT HE WAS BEING DISRUPTIVE AND
DIRECTED HIM TO LEAVE THE BUILDING. SGT. PASSEGGIATA TOOK O'BOYLE'S ARM IN AN ATTEMPT TO
ESCORT HIM FROM THE BUILDING.HE MOVED WITH THE SGT. TO THE EXIT DOOR AND THEN STOPPED,
PULLING HIS ARM FREE OF THE SGTS. HAND AND SAID I'M NOT GOING ANYWHERE. HE THEN GRABBED
THE DOORFRAME AND DROPPED GENTLY TO HIS KNEES.O'BOYLE WOULD NOT COOPERATE WITH OUR
ATTEMPT TO GET HIM TO HIS FEET. HE THEN CALLED TO AN EMPLOYEE TO "CALLL 911, GET ME AN
AMBULANCE," ALTHOUGH -HE SHOWED NO SIGNS OF INJURY AND HAD GONE TO HIS KNEES
INTENTIONALLY. HE WAS SUBSEQUENTLY CHECKED AND RELEASED AT THE HOSPITAL
I HEQFBY CERT IIA TIMI' THIS IS
A TRUE AND i'ORRECT °;OPY AS
FILED IN
f
OBTS Number
ARREST / NOTICE TO APPEAR 1. Arrest 3, Request low Warrant
Juvenile
Juvenile Referral Report 2 NTA. 4. Request for Capias
3
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Agency0 IN-um bar
Agency Name Agency
Report Number(N.T.A.'s only)
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FLO 5 0 1 3 0 0
GULFSTREAM POLICE DEPARTMENT
G
Che a'sypa: 5. Ordinance
ryry ❑ i. Felony ®3. Misdemeanor ❑
CheeK
Weapon Seized/Type
7. Vats
Multiple
Clearancridicalore
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ae many
as a I . ❑ 2. TraRc Felon ❑ 4. Traffic Misdemeanor ❑ S. Other
2 2 fJo
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Location of AReet (Including Name of Business) Location of Offense (Business Name, Address)
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6
Dalt of Arrest
Time of Arrest
Bmldrp Date
Boodrp Time
Jai Date Jail
TIrne
Location of Vehitle
9/23ns
I
Name (Leel, First, Middle) Alias (Name, DOB, Soo. Sec all Etc.)
0'R9xlIe.Mart0n.F 10/12/51,
Race
Box
ate of Birth
Height
WMyn
Eye Coiar
Heir Color
Complealon
Build
Bala ck 0-Orlenteal/Aelenaa W
M
10/12/51
6'2"
250
Brown
Grey
Light
Large
Sears, Marks, Tattoos, Unique Physical Features (Location, Type, Description) Marital
Status
Religion
Indication of: Y Nk.
Married
Alcohol Influence
e, p ❑
k
Local Address (Street. Apt Number) (City) (zip)
Phone
Residence Type:
@�
23 N Hidden Harbour Dr GULF STREAM FL 33483
561 2725468
z. county 4. Floridat State 3
LL
Permanent Address (Street, Apt Number) (City) (State) Mp)
Phone
Atltlrees Source
;
23 N Hidden Harbour Dr GULF STREAM FL 33483
561 2725468
Business Address (Name, Street) (City) a (Lp)Occupation
D/L Number, State
Soc. Sec. Number INS Number
Place of Birth (City, State)
r rens ip
0140-565-51-372-0
1
New Jersey
USA
Co-Defendant Name (Last, First, Middle)
Race
Sax
Data of Bim
❑ 1 Arrested ❑ 3. Felony
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W❑
d
Co-Defendant Name (Last, First, Middle)
Race
ex
Dete oi Binh
❑ 4. Misdemeanor
2. At Large ❑ S. Juvenile
3. Felony
❑ 7 Arrested
❑ 4. Misdemeanor
❑ 2 AIL
arge 5. Juvenile
Parent Nemo (Last) (First) (m,aaie)
Residence Phone
Legal Custodian
Other:
Address ( beet. Apt. Number) (Cly) rare (zip)usmeas
one
ori led by: (Name)
Date
Time
Juvemile Oa'paeltion
w
L ep le recessed within 2. TOT H
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Dept,
el. and Released. 3. Incarcerated
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Raleaeetl To: (Name) Relationship
Date
Time
l
The above address Frovieed by defendant and I or a en an s paren e a c en / or pecan wee la
keep the Juvenile Court Clerk (P one 355-2523) informed g� any change of address.
Schsol Adanded
Grade
Lo
IJ Yes, by: (Noma) ❑ Na:(fteaeon)
2perty, Crim Description o rope
Value of Property
LJ Yes LJ Na
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Drug Activity S. Sell R. Smuggle K. Disposal anu acture) Other
Drvyy Type S. Barbiturate H. Hallucinogen P. Parephernalial U. Unknown
Equipment
N. NIA B, Buy D. Deliver Distribute Produce/
N. N/A C. Cocaine M. Marijuana Z. Other
v
P. Possess T. Traffic E. Use Cultivate
A Amphetamine E. Heroin O.Opium/Dene S. Synthetics
Charge Description
Counts
U01116511c
Statute Violation Number Violation of ORD 0
ac
Disorder) Conduct
1
Violence
13Y
877.03
I
Drug Activity
Drug Type
Amount/Unit
Offeroe#
Warrant Caples Number
Bond
N
N
1
Charge Description
CountsDomestic
Statute Violation Number
Violation of ORD as
a
Resistin Officer Without Violence
1
pv ®N
843.02
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Drug Activby Drug Type
Amount/Unit
Offense#
Warrent/Copies Number
Band
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2
Charge Description
Counts
Domestic
Statute Violation Number Violation of ORD is
W
Violence
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❑Y ❑N
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Drug Type
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Warrant l Copies Number
Band
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❑ Instruction No. 1
Location (Court, Room Number, Address)
Mandatory Appearance in Court
N/A MISDEMEANOR FILING WITH STATE ATTORNEYS OFFICE
❑ Instruction
I Court Date and Time
a.
You need not appear in Court but must
comply with instructions on Reverse Side.
O
Month Day Year Time A.M. rl P.M. rl
w
1 AGREE TO APPEAR AT THE TIME AND PLACE DESIGNATED TO ANSWER THE OFFENSE CHARGED OR TO PAY THE FINE SUBSCRIBED. I UNDERSTAND THAT SHOULD I WILLFULLY
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FAIL TO APPEAR BEFORE THE COURT AS REQUIRED BY THIS NOTICE TO APPEAR, THAT I MAYBE HELD IN CONTEMPT OF COURT AND A WARRANT FOR MV ARREST SHALL BE ISSUED
X 9/23/15
Signature of Defendant (or Juvenile and Parent /Custodian) Date Signed
HOLD for other Agency
Sig lure of Arresting p cat
Name Vanflaalion (Printed by Arrestee)
Name:
X
❑ Dangerous Resisted Arrest
Name ct ting Officer (Print) I.D.#
(PwM7
PAGE
❑ Suicidal ❑ Other
S t. John Pass Tata 748
Intake Deputy I.D. #
Pouch #
Transporting Officer ID # Agency
Witness here II subject signed with an "XV*
I
I OF
OBTS Number
ARREST / NOTICE TO APPEAR t. Arteet 3.R quest for Warrant
Juvenile Referral Report 2. N.T.A 4. Request for Capias
3
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gency0 INum bar
Agency Name Agency
Report Number(N.T.A.'s only)
FLO 5 0 1 3 0 0
GULFSTREAM POLICE DEPARTMENT
Cherpe Type: ❑ d_Felany ®3. Misdemeanor ❑ 5. Ordinance
Check ee
Weapon Seized/Type
1. Yea
Multiple
l-
m
many
I . ❑ 2. Trefec Felon ❑ 4. Traffic Misdemeanor ❑ 6. Other
as apply.
2 2 No
Clearance
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Location of Men (Including Name of Business)Lo®lion d Offense (Busereas Nacre, Address)
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6
Dna d Men
rare d Arrest
Boobrq One
Booking Time
Jail Date Jail
Time
Lu®ticn of Vehicle
9/23/15
Name (Leat, First, Middle) Alias (Name, DOB, So- Sec #, Etc)
0'H9 le.MartonY 10/12/51,
RaceWhe1.
San
ale d Birth
Height
W.4pla
Eye Color
Hair Color
Complexion
Build
B - Blaok g- American Indiaa W
M
10/12/51
6'2"
250
Brown
Grey
Light
Large
Scars, Marks, Tatoos, Unique Physical Features (Location, Type, Description) Marital
Status
Religion
Indication of Y N nk
Married
Alcohol gIl ence a O 0 0
Local Address( treat, Apt.Number) (CRY) a (zip)
Phone
Residence Type:
23 N Hidden Harbour Dr GULF STREAM FL 33483
561 2725468
2. County a. Florida slate 13
LL
Permanent Address (Street, Apt. Number) (City) ( ) (Zip)
Phone
Address Source
0
23 N Hidden Harbour Dr GULF STREAM FL 33483
561 2725468
Business Address (Name, Street) (City) a (Dp)
phone
uccupotann
DAL Number, State
Sm. See Number I Num er
Pieced Birth (City, Stale)
UdizenShIp
0140-565-51-372-0
New Jersey
USA
Co-Defendant Name (Last, First. Middle)
Race
Sax
Date of Binh
D q Mmtetl3. Febny
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05
Co-Defendant Name (Last, First, Middle)
Roca
I
Sax
Date of Birth
13 4 Misdemeanor
D 2 N LBIpB ❑ 5. Juvenile
3. Felonry
Dq Arrested 4. Misdemeanor
2 At targe ❑ S. Juvenile
Parent Name (Leat) (First) ( tl lel
Residence, Phone
Legal Custodian
if
O ha
Address (Street, Apt. Number) (City)tee (2Jp)
business enons
Notified by: (Name)
Data
Time
Ju till9 0 afltian
1. 2. TOT HRS l
z
Dept. and Released within DYS
Dept. end Released. 3. Incarcerated
ed
j
Released To: (Name) Relationship
Date
Time
The above address Grovided by defendant and / or sen an a pwren s e c 1 an or parent was o
Juvenile Clerk(P 355-2526) Informed
chooI Attended
Died,
(Qkeepthe Court one n(any alta n ge of address.
LJ Vee, by: (Name) ❑ No: (Reason)
ropeny nm.$7 escnp wn a ropey
❑
Value of Property
Yes LINO
oro
Drvy Activity S. Sell R. Smuggle K. Dispense/ anu acture ter
Produeel
Dmy Type B. Barbiturate H. Hallucinogen P. Parephomallal U. Unknown
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N. NAA B. Buy D. Deliver Distribute
N. f1/A C. Cocaine M. Marijuana Equipment Z. Other
xd
P. Possess T. Trafic E. Use Cultivate
A. Amphetamine E. Heroin O.OpiumIDanv. S. synthetics
Charge Description
Counts
Statute Violation Number Violation of ORD #
W
Vio ancec
❑Y ❑N
s
Drug Activity
Drug Type
Amount / Unit
Offense #
Warrant I Capias Number
Bond
U
Charge Description
Counts
me
Statute Violation Number
Violation of ORD to
w
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Drug Activity
Drug Type
Amount I Unit
Offense #
Warrant I Caples Number
Band
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Charge Description
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Statute Violation Number Violation of ORD #
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Violence
❑Y ❑N
i
Drug Activity
Drug Type
Amounl l Unit
Offense
Warrant /Copies Number
Bond
U
Charge Description
Counts
Domestic
Statute Violation Number
Violation at ORD#
Violence
¢r7lY
QN
z
Drug Activity
Drug Type
Amount/ Unit
Offense #
Warrent/ Copies Number
Bond
U
I
❑ Mandatory Appearance In Court
Locatio�n (Conn, Room Number, Atldrese)
N/A 11'IISDEMEANOR FILING WITH STATE ATTORNEYS OFFICE
❑ Instruction No. 2
Court Date and Time
Q
You need not appear in Court but must
comply with Instructions an Reverse Side.
O
Month Day Year Time AM. 0 P.M.
W
I AGREE TO APPEAR AT THE TIME AND PLACE DESIGNATED TO ANSWER THE OFFENSE CHARGED OR TO PAY THE FINE SUBSCRIBED. I UNDERSTAND THAT SHOULD I WILLFULLY
F
FAIL TO APPEAR BEFORE THE COURT AS REQUIRED BY THIS NOTICE TO APPEAR, THAT I MAYBE HELD IN CONTEMPT OF COURT AND A WARRANT FOR MY ARREST SHALL BE ISSUED
z
9/23/15
Signature of Defendant (or Juvenile and Parent /Custodian) Dale Signed
OLD for other Agency
Sig ature of Arresting O i
Name Verification, (Printed by Mestee)
Name:
X ALS/
❑ Dangerous El Ratified Meal
Nem d eating GRicer(PmR) ID tt
(PRINT)
❑ Suicidal ❑ Other.
S L John Passe iota 748
PAGE
Intake
Deputy I.D. #
Pouch #
Transporting Officer ID # Agency
Witness hate if subject signed with an -%"
2 OF
OBTS Number
PROBABLE CAUSE AFFIDAVIT 1. Arrest 3. Request for Warrent
Juvenile
2. N.T.A. 4. Request for Capias
3
Agency ORI Number Agency Name Agency Report Number
o
FLO 5 0 1 3 0 0 GULFSTREAM POLICE DEPARTMENT I 1
Q
Cherpe Type: 1. Felony 3. Misdemeanor 5. Ordinance Special Notea:
Chock as many
as apply. 2. Traffic Felony 4. Traffic Misdemeanor ❑ 6. Other
LL
Name (Lest, First, Middle) Aliaa
Race
Sex
Dale of Birth
o
'Bo le,Martin,E 10/12/51.
W
M
10/12/51
ch
wo
Charge Description
Charge Description
Disorderly Conduct
z
Charge Description
Charge Description
v
Resisting Officer Without Violence
Victim's Name (Last, First, Middle)
Race
Sex
I Date of Birth
r
Local Address (Street, Apt. Number) (City) (state) (zip)
Phone
Address Source
U_
Business Address (Name, Street) (City) (Slate) (zip)
Phone
Occupation
The undereigne l certifies and swears that haters has just and reasonable grounds to believe, and does believe that the above named Defendant committed the following violation of law.
The Person taken into custody
® committed the below acts in my presence. ❑ was observed by who told
_
El confessed to that he/she saw the arrested person commit the below acts.
admitting to the below fads. ❑was found to have committed the below acts, resulBng from my (described) investigation.
On the 22 day ofSeptember 20 15 at 5:50 ❑AM. ® P.M. (Specifically Include facts constituting cause for arrest.)
At the end of a public Town Hall Meeting at Gulf Stream Town Hall 100 Sea Rd Gulf Stream Florida
33483, county of Palm Beach. Mr. Martin O'Boyle a Town Of Gulf Stream resident was acting disorderly
by engaging in such conduct as to constitute a breach of peace. Mr. O'Boyle attempted to deface public
property by writing with a marker on a poster displayed at Town Hall. When I directed Mr. O'Boyle to
refrain from his attempt to deface the poster, He asked, "What are you going to do about it"?" I Then
directed Mr. O'Boyle to move away from the poster and he loudly replied "Fuck you". I then directed Mr.
O"Boyle to leave the building and his loud response was , "Go Fuck Yourself'. At that point Chief Ward
engaged Mr. O'Boyle in an attempt to have him comply with my direction to leave the building. He loudly
responded to the Chief, "Fuck You, Go Fuck Yourself you Fucking asshole". Mr. O'Boyle then moved
directly in front of Chief Ward at a very close distance from him, puffed up his chest and shoulders and
glared at the Chief in a threatening manner. Chief Ward asked O'Boyle, "What is that a combat stance?".
Mr. O'Boyle responded, "Yeah its a combat stance." I then attempted to escort Mr. O'Boyle from the
building. He moved to the exit door which I had put in an open position, Mr. O"Boyle then stopped and
pulled his arm free of my hand, stating "I'm not going anywhere." He then grabbed the door frame and
gingerly lowered himself to his knees. Chief Ward and I attempted to raise him to his feet but he refused to
u
cooperate. This incident occurred in the Gulf Stream Town Hall Lobby when meeting attendees were
passing through the Lobby and were subject to Mr. O'Boyles Tirade of obscenities and his disruptive and
disorderly conduct. Probable cause exists to charge Mr. O'Boyle in that he acted in a disorderly manner,
obstructed justice and resisted an officer without violence. Mr. O'Boyle did not comply with a lawful order
to leave Town Hall on several occasions.
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SWORN AND SUBS9RIBED BEFORE ME ^t
Q \X�/•ARRIES� IFS/
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SIGNATOR O ARRESTING/INVESTIGATINGO ICER—
NNOT
RY PU IC / CLERI OF COU PIC (F .S. 117.10)
S L John Passe iota
=
9/23/15 NAME OF OFFICER (PLEASE PRINT)
Q
GATE 9/23/15 PAGE
DATE 1 OF_
OBTS Number
PROBABLE CAUSE AFFIDAVIT 1. Arrest 3. Request for Warrant
Juvenile
2. N.T.A. 4. Request for Capias
3
1
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Agency ORI Number Agency Name Agency Report Number
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FLO 50 1 3 0 0 GULFSTREAM POLICE DEPARTMENT 1
Cherpa Type: 1 Felony pedal Nclas:
Chock ® 3. Misdemeanor 5. Ortlinr
as many
as apply. ❑ 2, Traffic Felony ❑ 4. Traffic Misdemeanor ❑ 6. Other
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Name (Last, First, Middle) Alias
I Raw
Sax
Date of Binh
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'Bo Ie,Martin,E 10/12/51,
1 W
M
10/12/51
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Charge Description
Charge Desorption
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Disorderly Conduct
6
Charge Description
Charge Description
Resisting Officer Without Violence
Victim's Name (Last, First, Middle)
Race
Sex I
Date of Binh
Leal Address (Street, Apt. Number) (City) (State) (rip)
Phone
Address Source
V
>
Business Address (Name, Streit) (City) (theta) (rip)
Phone
It
Occupation
The undersigned caniles and swears that he/she has lust and reasonable grounds to believe, and does believe that the above named Defendant committed the following violation of law.
The Person taken into custody
❑ committed the below acts In my presence. ❑ was observed by who told
❑ confessed to that he/she saw the arrested person commit the below acts.
admitting to the below facts. ❑ was found to have committed the below acts, resulting from my (described) investigation.
On the day of 20 at ❑A. M. ❑ P.M. (Specifically Include facts constituting cause for arrest.)
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SKARN AND SUBSCRIBED BEFORE ME
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SIGNATURE OF ARRESTING / INVESTIGATING OFFICER
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�—
NOTARY PUBLIC I CLERK OF COURT/ OFFICER( F.S.S. 117.10)
SgLJohn Passe 18t8
9/23/15 NAME OF OFFICER (PLEASE PRINT)
a
DATE 9/23/15 PACE
2
DATE OF
OBTS Number
PROBABLE CAUSE AFFIDAVIT 1. Arrest 3. Request for Wanant
Juvenile
2, N.T.A. 4, Requeslfcr Capias
3
Agency ORI Number
Agency NameAgency
Report Number
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FLO 5 0 1 3 0 0
GULFSTREAM POLICE DEPARTMENT
1
Charge Typa. 1. Felony ® 3.
Check
Misdemeanor 5. Ordinance
Special Notes'.
as many
as apply. ❑ 2. Traffic Felony ❑ 4. Traffic Misdemeanor ❑ 6. Other
u-
Name (Last, First. Middle)
Alias
RaceSex
Date of Birth
o
'Boyle,Martin,E
10/12/51,
W
M
10/12/51
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Charge Description
Charge Description
Disorderly Conduct
¢
Charge Description
Charge Description
3
Resisting Officer Without Violence
Victim's Name (Last, First, Middle)
Race
Sex
I Date of Birth
Local Address (Street, Apt Number)
(City) (State) (zip)
Phone
Address Source
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>
Business Address (Name, Street)
(City) (State) (zip)
Phone
Occupation
The undersigned certifies and swears that he/she has just and reasonable grounds to believe, and does believe that the above named Defendant committed the following violation of law.
The Person taken into custody
❑ committed the below acts in my presence.
❑ was observed by who told
❑ Confessed to
that he/she saw the arrested person Commit the below acts.
admitting to the below facts.
❑ was found to have committed the below acts, resulting from my described) investigation.
On the day of
20 at ❑A.M, ❑ P.M. (Specifically include facts constituting cause for arrest.)
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SWORN AND SUBSCRIBED BEFORE ME
W
H
SIGNATURE OF ARRESTING /INVESTIGATING OFFICER
y
NOTARY PUBLIC/CLERK OF COURT/ OFFICER IRS. S.
117.10)
Sgt. John Passe 18t8
9/23/15
NAME OF OFFICER (PLEASE PRINT)
C
DATE
9/23/15 PAGE
3
DATE OF
FILING RECEIPT
Case No: 1
Arrest Date: 9/23/15
Received with reference to Defendant: O'Boyle,Martin,E
(NAME)
The following in the above style case ( CHECK
®
1•)
Police Reports
®
2.)
Witness Lists
El
3.)
Evidence List
®
4.)
Probable Cause
®
5.)
Rough Arrest
®
6.)
Criminal History
0
7.)
F1
8.)
El
9.)
7
10.)
Charged by officer with Disorderly Conduct -Resisting Officer Without Violence–
Charges filed by A/S/A
Officer's Name: Sgt. John Passeggiata
THIS 23 DAY OF September 2015
By — --
Assistant State Attorney
GULF STREAM POLICE DEPARTMENT
STATE ATTORNEY'S OFFICE
FILING INFORMATION FORM
DEFENDANT O'Boyle,Martin,E
A/K/A: 10/12/51,
CO-DEFENDANTS (if any)
VICTIM RELATED/ACQUAINTED WITH DEFENDANT? YES NO x N/A
ARREST DATE: 9/23/15 AGENCY CASE NO.: 1
ARRESTING/LEAD OFFICER: Sgt. John Passeggiata
AGENCY GULF STREAM POLICE DEPARTMENT PHONE NO.: 561-278-8611
CURRENT SHIFT HOURS: 0700 TO 1900 DAYS OFF:
LEAVE/SHIFT CHANGE INFO:
WAS ARREST MADE FOR, OR IN CONJUNCTION WITH ANOTHER AGENCY AND IF SO
WHAT AGENCY?
SENTENCING RECOMMENDATIONS:
ADDITIONAL COMMENTS, IF ANY:
FILING DOCUMENTS ATTACHED:
ROUGH ARREST
P.C. AFFIDAVIT (SWORN ORIGINAL)
SWORN STATEMENT OF MATERIAL WITNESSES
WITNESS/EVIDENCE LIST
OFFENSE REPORTS (ALL)
ACCIDENT REPORTS (ALL)
❑
WITNESS STATEMENTS (ALL)
FCIC/NCIC CRIMINAL HISTORY
OTHER ATTACHMENTS INCLUDE:
❑
** PLEASE NOTE REQUIREMENT OF SWORN STATEMENT(S) OF MATERIAL WITNESSES;
REQUIRED BY SUPREME COURT FOR FILING (RULE 3 140(8) RCrP)
PAGE 1 OF—PAGES
DEFENDANT / EV 2 D ENC E L= S T
O'Boyle,Martin,E
DEFENDANT: Circuit Court Case #
Sgt. John Passeggiata 1
Arresting Officer Police Dept. Case #
Filing Officer: Sgt. John Passeggiata
A. NAMES, ADDRESSES AND PHONE NUMBERS OF ALL PERSONS WHO MAY
HAVE INFORMATION WHICH MAY BE RELEVANT TO THE OFFENSE
CHARGED OR ANY DEFENSE THERETO, ARE PROVIDED ON PAGE 3.
B. ARE THERE ANY STATEMENTS OF PERSONS LISTED IN PARAGRAPH 1?
❑ Yes ® NO ❑ Written ❑ Taped
❑ Oral (Check only if statement was written down when
person said it)
Copy of transcript provided ❑ Yes ❑ No
C. WRITTEN. RECORDED, AND/OR ORAL STATEMENTS OF DEFENDANT (USE
additional pages if necessary)
1 ) Person to whom made:
Date of Statement: Written ❑ Taped ❑
Oral ❑ IF ORAL WHAT DID HE/SHE SAY?
Person to whom made:
Date of Statement Written ❑ Taped ❑
Oral ❑ IF ORAL WHAT DID HE/SHE SAY?
PAGE 2 OF_ PAGES
D. WRITTEN, RECORDED AND/OR ORAL STATEMENTS OF CO-DEFENDANT.
(use additional pages if necessary)
1) Person to whom made:
Date of Statement: _ _ Written ❑ Taped ❑
Oral ❑ IF ORAL WHAT DID HE/SHE SAY?
2 ) Person to whom made:
Date of Statement: Written ❑ Taped ❑
Oral ❑ IF ORAL WHAT DID HE/SHE SAY?
E. GRAND JURY TESTIMONY
F. CONFIDENTIAL INFORMANT
G. ELECTRONIC SURVEILLANCE
H. SEARCH AND/OR SEIZURE
REPORTS OF EXPERTS
Name of Expert:
Nature of Testimony:
YES
YES
YES
YES
YES
NO
NO
NO
NO
NO
J. PAPERS OR OBJECTS BELONGING TO OR OBTAINED FROM DEFENDANT.
(use additional pages if necessary)
ITEMS CUSTODIAN CHAIN OF CUSTODY
1)
2)
3)
4)
5)
7)
8)
9)
10)
11)
12)
Gulf Stream Police Department
PAGE 3 OF _PAGES
K. OTHER EVIDENCE. (use additional pages if necessary)
ITEMS CUSTODIAN CHAIN OF CUSTODY
1 )
2 )
3 )
4 )
5 )
6 )
7 )
8 )
9 )
10 )
11 ) — --
12 )
L. ANYTHING SHOWING THE DEFENDANT MAY NOT BE GUILTY: ❑ YES ® NO
Source:
Describe Information:
M. INFORMATION OR EVIDENCE TO BE SUPPLIED LATER
additional pages if necessary)
Item:
Date will be furnished:
Why not supplied at filing:
(use
NOTE: IT IS THE RESPONSIBILITY OF THE OFFICER FILING THE CASE TO INSURE THE FOREGOING LIST IS COMPLETE AND
CORRECT.
SIGNATURE OF FILING OFFICER
Gulf Stream Police Department
9/23/15
DATE
VICTIM/WITNESS LIST
VICTIM:
ADDRESS: (W)
(H)
PAGE 4 OF _pAGES
PHONE: (W) (H)
IF NO PHONE, THEN NAME, ADDRESS AND PHONE NUMBER OF PERSON WHO MAY BE CONTACTED TO ACCEPT MESSAGE:
CAN TESTIFY TO:
ARRESTING OFFICER: Sgt John Passeggiata ID# 748
DEPARTMENT: GULFSTREAM POLICE DEPARTMENT
ADDRESS: 246 SEA ROAD, GULFSTREAM, FL 33483
PHONE: (W) 561-278-8611 (H) 561-278-8611
CAN TESTIFY TO: The information contained within the police reports.
w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w
NAME: Mr. Serge Delaville ID#
ADDRESS: (W)
(H) 4225 County Rd Gulf Stream FI 33483
PHONE: (W) (H) cell 561-573-7150
IF NO PHONE, THEN NAME, ADDRESS AND PHONE NUMBER OF PERSON WHO MAY BE CONTACTED TO ACCEPT MESSAGE:
CAN TESTIFY TO • Mr. O'Boyle acting disorderly in the Town Hall Lobby, and resisting arrest
without violence.
........................................»........»..—....................,.....................w_.._—_..«....---
NOTE: CIVILIAN WITNESS GIVE HOME AND BUSINESS ADDRESS AND PHONE NO. OFFICERS -BUSINESS ADDRESS AND PHONE ONLY
Gulf Stream Police Department
" . . . . . . . . . . . . . . . . . e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . . . . . . . . " P a g e 5 O F P a g e s
N A M E : W i l l i a m T h r a s h e r ( T o w n M a n a g e r ) I D # _ _
A D D R E S S ( W ) : 1 0 0 S e a R d G u l f S t r e a m T o w n H a l l
( H ) :
P H O N E ( W ) : 5 6 1 2 7 8 - 8 6 1 1 ( H )
F N O P H O N E , T H E N N A M E , A D D R E S S A N D P H O N E N U M B E R O F P E R S O N W H O M A Y B E C O N T A C T E D T O A C C E P T M E S S A G E :
C A N T E S T I F Y T O : M r . O '