There’s a reason law enforcement and the justice system have to maintain a clear and healthy separation. The two have different missions. Cops enforce the law, and are subservient to it. Judges ensure that laws are followed. Testifying in court or clarifying issues to prosecutors aside, cops’ role ends the moment the case is turned over to the State Attorney’s Office.
The separation is not always clear in Florida. Bad enough that the state attorney’s office and police agencies work more in tandem than as the check and balance that the State Attorney’s office should be on agencies. And considering the number of judges in our circuit who were prosecutors, it’s not a surprise to see defense attorneys doubly on the defensive, more often having to prove their client’s innocence than having the state prove guilt.
Nevertheless, in all the years I’ve been covering the Seventh Judicial Circuit in Flagler, and of course the formerly Roy Moore-wannabe Scott DuPont aside, I’ve not seen ethically challenged judges. Some have better command of the law than others (you can’t fault the Foxmans and Orfingers of the circuit for being as natural with the law as Malamud’s Hobbs was with a baseball, and our current felony judge, Terence Perkins, seems to snack on Blackstone). But I don’t know of any that would be better suited in a different role. Our judges tend to be harsher than not–oh yes, they are–but we’re in a harsh circuit, and their sentences reflect the generally nasty, brutish and short-tempered electorate that sent them to the bench.
So it’s disturbing when an elected sheriff in our circuit meddles in the judiciary to the point of asking the chief judge to overturn another judge’s decision.
That’s what Mike Chitwood, the sheriff of Volusia County, the former Daytona Beach police chief and eternal showman, is doing. It matters, because our own Sheriff Rick Staly take his cues from Chitwood from time to time–not too much, and not lately, but enough that it warrants concern. I’d rather Chitwood take his cues from Staly, who seems to better understand the balance between showmanship and fair policing, and who does adjust his aim when he overshoots.
The Chitwood case comes down to this: In June a jury convicted a former Embry Riddle professor called Mark Fugler of exposing himself to a 7-year-old girl, showing her porn and trying to entice her to touch his genitals. He got a 15-year sentence. But Senior Judge Michael Hutcheson released him on a $200,000 bond with an ankle monitor pending his appeal. It may be unusual, but it’s perfectly within the law. Convicted felons bail out all the time on appeal, if they can afford it. There are obvious differences between a sex criminal and, say, an embezzler or a robber. But the difference is in degrees, not in law.
Chitwood doesn’t know degrees or law. He wrote a letter to Chief Judge Raul Zambrano imploring him to reverse the decision. No one would fault Chitwood for expressing his opinions. But aside from revealing Chitwood’s ignorance about the role of a chief judge, who has no authority to overturn rulings, the letter crosses a line. A sheriff is elected to enforce the law. All laws, including those protecting defendants’ rights. Chitwood doesn’t get to pick and choose, as he’s doing in this case (as he so often does whenever a “scumbag,” his favored verbal tic, is in his line of sight). A sheriff is not a judge, not an executioner, certainly not a legislator. Nor may he presume to be anyone’s moral conscience or pick sides between victim advocacy and defendants’ rights. He’s a law enforcer first and last.
Much of this reflects the continuing overemphasis of victims’ rights, which no one should dispute, but which have been elevated from right to sacrament, at the expense of defendants. The elevation rests on the myth that defendants have more rights than victims–in a state where we have the 13th highest incarceration rate in the nation (and the highest in the world, if Florida were a nation unto itself). Law enforcement must be victims’ advocates, of course, but on an equal footing with their responsibility to protect defendants’ rights, which don’t end with a trial court’s decision.
I am reminded of what our own Judge Perkins told family members on both sides of the aisle Wednesday, just before the jury walked in to render a verdict in a man’s child molestation trial. Seeking to pre-emptively cool tempers just in case, Perkins walked over to the gallery and told both sides that whatever the verdict was, it was only one step in a still long process ahead. There was no finality in the verdict. He might as well have been addressing Chitwood, whose immoderate temper is its own marketing department.
His behavior has consequences well beyond the Embry Riddle defendant. Every defendant in Chitwood’s custody must wonder how safe he or she is, since Chitwood is clearly contemptuous of protecting defendant’s rights under the law. Chitwood sets the tone his ranks follow. It’s a noxious tone. His smear of Judge Hutcheson smears the circuit and exposes the sheriff’s disturbing contempt for courts. Calling the defendant a “scumbag,” he went as far as questioning the man’s right to have his day in court (“This scumbag fought tooth and nail all the way through and made that little girl get up and testify in court,” is what Chitwood told the News-Journal). It makes you wonder who the greater scumbag is in the equation, or at least make you wonder what other corners this sheriff is willing to cut in his pander for votes (he’s up for reelection next year). It’s not the judiciary that’s rogue. It’s Chitwood.
Judge Zambrano put Chitwood in his place. He firmly, elegantly defended Judge Hutcheson’s decision. And this harshest of judges gave Chitwood a lesson in law and ethics, quoting the old saying that “we are a nation of laws and not of men.” I doubt it’s a lesson learned. But I hope all sheriffs are watching, and that they remember that they’ve been sworn to uphold the law, not to be a law unto themselves.
Pierre Tristam is FlaglerLive’s editor. Reach him by email here.
Chief Judge Raul Zambrano’s letter to Chitwood:
Click to access zambrano-letter-chitwood-2019.pdf
Loleina Apo says
You are WRONG! How many Defendants who have been convicted by a jury of their piers, get to go free. They immediately handcuff them and put them in jail where they file appeal after appeal. Something STINKS here. Maybe a little “green” was passed between hands but this is flat wrong. I have worked in the legal field for 30 years and NEVER saw something as “dirty” and “underhanded” as this!
Cheryl says
This is absolutely what happened in my family’s case. Our family member was not allowed to go free while an appeal was pending! She was not a robber, murderer, or any other dangerous felon. Why???
Annette says
Obviously Pierre you have never been a victim of a crime. You have no idea, what it is like to look over your shoulder for the rest of your life. I was subjected to hell, even when the person was locked up. Now the person is out and free, but I will never be free to live a normal life. Thank you to anyone and every one that sticks up for victims.
WILLIAM J NELSON says
So once again the Victim gets to worry twice. The man was found guilty. Why is the decision by many allowed to be overruled by the whims of one ?? And PLEASE, don’t use Perkins as an example. He is the worst of the worst.
Dave says
Very well said, cops are not judges or jury’s yet they often act as them. Cops should not pass judgment on the people they arrest,it is not their job and it is very dangerous.
Mark says
“but we’re in a harsh circuit, and their sentences reflect the generally nasty, brutish and short-tempered electorate that sent them to the bench.” Don’t worry, we’re not offended by your intolerance of other people’s opinions or ideas, Pierre.
Mary Lynn says
Sorry, but I side with Chitwood and Staley. These people are scumbags and they don’t deserve to be out on bond after being convicted.
Robin says
Defendants are frequently released on bail pending appeal. Just because you or Chitwood don’t approve doesn’t change anything.
Lori Carroll says
Wow Robin… you’re actually OK with a man who has been judged guilty of committing sex crimes against a child to roam free? How about we let him hang out in YOUR neighborhood while he runs through the appeals process? Now don’t go getting all NIMBY on us…
Rick G says
Its called the rule of law. Its supposed to apply to everyone.
Robin says
He’s not “roaming free” he’s wearing an ankle monitor, so he can be tracked wherever he goes. It’s quite alarming that so many comments here reflect complete ignorance of the legal system and how it works. Please try to calm your hysteria and let the justice system work as intended.
Homeboy says
I guess nobody that has been found guilty by the court and set free on appeal has cut the monitor and absconded from the law
SCRAPPY1 says
His appeal has not been filed yet, so he is out on bail with no actual pending appeal on the books. Did you see his attorneys reasons for appeal? One arguement they will have is that the state attorney did not prove this obvious adult male is not 18 yrs old. They will also be challenging that the seven year old did not give exact dates. How long until he has another victim?
Paul S says
And Robin didn’t say it changed anything. She did express her opinion. Just like you. And just because you Express your concurrence with the legality of ymthe release on bail, it isn’t necessarily in the best interest of the community, the law nor the victims (past and most likely) future. BTW, I disagree with the judge’s decision (given what little I know of the case & evidence but given what I know of child sex predators).
Robin says
I agree also..this man should still be behind bars…why we victimizing this 7 yr old by allowing him to be on the streets
Chris B says
I second that. Sheriff Chitwood is doing a great job.
Dennis says
I think Chitwood is a big mouth who craves attention. He’s always demanding something. Seems like he can’t get along with anybody? Mind your own business and do the policing job you were hired to do. You are not the ruler of Volusia county, the judges don’t report to you, although I think you think you do,
Rick G says
Very well done Pierre. Your descriptions of Chitwood hit the nail on the head. He is very misinformed about state and local government procedures. The misinformation he passed around prior to the Amendment 10 vote was over the top. If certain local radio talk shows had any sense of decency they would not provide this man of a platform to misinform and stir up unnecessary fear in Volusia.
Robin says
I agree with you Rick G. Chitwood is a foul-mouthed bully who has no clue how to conduct himself in a professional manner. I listened to right wing Marc Bernier’s radio show the other day when he interviewed Daytona Beach police chief Capri about the appeal, and surprisingly Capri’s correct comment was that it wasn’t his call to make, it was the Judge who gets to make the decision about releasing the defendant pending appeal. Chitwood acts like he is police, prosecutor, judge and jury all rolled into one. He is an absolute disgrace to the office of Sheriff and I sincerely hope he gets censored by the Governor (fat chance) and voted out in his next election.
Brian says
He’s not gonna lose the next election. Just because you don’t like him, doesn’t mean he’s not a GREAT Sheriff. Look up the facts of his results. Pretty impressive after taking over a “good ole boy” Politically driven department.
Robin says
Oh really? So you find it completely appropriate that Chitwood refers to County Council members as “scumbags” because he disagrees with their decisions? Or that he thinks he’s a sheriff in the Wild West with carte Blanche to do and say whatever he pleases? Or that he appears to have zero understanding of the laws he’s supposed to uphold? Chitwood is a narcissistic ass intent on getting his face in the news as often as possible. He’s a disgrace to the office of sheriff.
Old Guy says
I would like to offer one small correction. Sheriff Chitwood does not operate the Volusia County Jail. It is under a separate county department (Public Protection) along with the county Fire Department. In Florida the operation of a county jail is the responsibility of the Board Of County Commissioners. Most delegate this to the Sheriff but some like Volusia, Orange, and Osceola, have a separate department. Another option available to a BOCC is to contract their jail operation out to a private company.
Peaches McGee says
To the naysayers…
Have no fear. Manfre will be running for Sheriff. Then you can have someone who knows nothing of law enforcement, or how to protect our community.
The strife between Sheriff and the Courts transcends many generations and will not end in our lifetime.
girl says
No say it an’t so… can’t go through that again… lol
John dolan esq. says
Thanks again Judge Zambrano for enlightening the Chief on the law. Mr. Chitwood needs to do more reading than putting foot in mouth. As a lawman he should know the devil is in the details. Possibly Wyatt Earp syndrome?
Tina says
This guy should not have been let out whole waiting an appeal. He is a disgusting pervert. A 7 year old girl really? Wtf. He should rot in jail. How many times has he gotten away with this lewd perverted behavior. Not all judges are good guys. Just look at chief justice kavanaugh. Let these pedophiles rot in jail.
Right says
The cop’s role does not end once a case is turned over to the SAO. If the SAO decides to go forward with a case the cop turned over to them, the cop, at some point, is normally subpoenaed for deposition (usually during the time they normally sleep between two 12 hour shifts). The cop then later testifies in the case as well if needed.
You Can't Fix Stupid says
Chitwood is a big mouth self absorbed arrogrant Sheriff who apparently has no regard for the law. The Judges can and do and should approve bonds for those on appeal because they can identify that there were some issues within the case at trial that warranted the appeal. When Corrine Brown lost her trial and was found guilty she wanted an appeal, and didn’t get one, because the Judge didn’t see grounds for an appeal, so she went to jail. When a Judge can’t make the right decision and realize and understand that an individual is INNOCENT until PROVEN guilty then they don’t need to be a Judge. Chitwood needs to focus on doing his job and until he and his staff are perfect and make no mistakes he should keep his foot in his mouth so his mouth stays SHUT. He has disrespected our Judges and since when does he know more than they do. He isn’t a Judge and shouldn’t pretend to be or pretend to know more about a case than the Judge. Chitwood is speaking without knowing all the details and facts and should be ashamed of himself, and he DOES owe all Judge’s an appology. Chitwood needs to be voted out of office….he is too arrogrant and has too much hate to be a law enforcement officer.
Mike Cocchiola says
Chitwood is our version of Arizona’s Arpaio. They don’t just enforce the law, they dictate it. And there is a segment of our society that wants vengeance, not legalese. They’re looking for a quick trial an a hanging.
No one excuses vile crimes and anger and revulsion are to be expected. But our laws must be applied and criminals have rights. That’s life in a democracy.
Veteran says
We need more hard core, take no shit sheriffs like Chitwood.
FPC Granny says
Chitwood was exactly right!! This guy is a “scumbag”!! To do this to a “7” year old girl and walk away with a slap on the wrist bond!! How the heck could anyone think that this “scumbag” should be out on the streets, he should be locked up for a very long time!! WTG!! Chitwood!
David Seyse says
What a crock of steaming smelly gooey stuff this flaglerlive article is. In the first place, a convicted felon is a convicted felon. I don’t care what the crime might be, a felony is a felony. Some are more despicable than others but are felonies nontheless. Felons are not fit to live with the rest of us and need to be separated from normal society. Secondly, Judges are elected by us to serve us as they perform their judicial duties on our behalf. In this instance, for whatever underlying reason, this Judge did not serve in societies best interest. Our elected Sheriff, not Flagler’s elected Sheriff, saw fit to perform his elected duty of serving in our overall best interests and brought this atrocity to light. One any one of us little folks done so it would never have seen the light of day. Fortunately Sheriff Chitwood takes his elected position seriously and as a “lightning rod” stood up and made this situation front page news as it should be. I do agree with you that yes, Sheriff Chitwood is up for re-election next year. True statement. Here is another one – – – – I voted for him last time and will again. It is high time that scumbags are recognized for what they really are and are called out publically as such. Any elected person who does that on the behalf of decent society is certainly welcomed by those of us who are in fact decent society.
Jim O says
Nicely said David.
RSort says
The Sheriff didnt smear the Judge, he stated he had respect for him and the system but did not agree with bond pending appeal. Your article has misrepresentations of Chitwood and it has nothing to do with election year! It has to do with right and wrong!!! This child molester should be in jail!! Period!
jane doh says
Way to go Sheriff Chitwood! He tells it like it is and isn’t afraid to speak his mind. Keep up the good work, Sheriff.
Scrappy1 says
To those of you that say this “scumbag” should be free while on appeal, I hope none of your children are ever molested and shown porn by a pervert. Yes, he was granted an appeal, but he was still found guilty in a court of law, which is where he should sit until his appeal is decided. Should we also let the numerous convicted murders out while they appeal? How about all those on death row that have pending appeals? Be careful what side you choose because the publicity this case is getting may just open the door for more convicted perverts and felons to demand they sit in the comfy of their own home, cut off their ankle bracelet and commit more crimes with a vengence.
JimBob says
You could form a fine lynch mob from the commenters here and dispense with judges and courts altogether.
Born and Rasied Here says
Sheriff Chitwood sole purpose is to make arrests and securely hold the prisoner in confinement. He has know right to tell us how our legal system should operate. We have Judges and Lawyers who process the accused through our judicial system
2Dogs says
Putting a spotlight on the situation helps. He can cross lots of lines and annoy a lot of judges to try and keep child molesters off the street as far as I am concerned. If he fails at least he tried. The rest of us will just keep clinging to our guns and Bibles.
Weldon Ryan says
Hypocritses! All of you that side with Chitwood and Staly! It’s a shame that the rich gets a broader determination under the law but police are police and not the judge appointed or voted into office by citizens to interpret the law. We already have cops executing unarmed young black men shooting them in the back in some cases with the loose interpretation of these black victims as being fleeing felons knowing full well it’s because of the color of their skin. Despite the guilt and circumstance, all police have to say under the law is “I feared for my safety”. They are set free to execute again. No appeal or ankle bracelets. Thankful that I am that there is a line mandated. We have high crimes and misdemeanors happening in the highest government offices in our land and yet these sleezebags are still holding office. Heck, Chitwood and Staly most likely voted for them and still support them. When will they stand up against these people in government I mentioned. Great job for calling this out!
August says
AMEN !!
Paul Winsett says
The author is right – Sheriff Chitwood’s job IS to enforce the law. But his job doesn’t end there. He also has the job of protecting the constuents of Volusia County, and there are arguably many facets to that role.
The best kept secret in the criminal justice process are the policies, procedures and plea agreements that allow dangerous people (scumbags) who have been arrested – some repeatedly- back out onto the streets where they immediately become a danger to all of us. If the public knew the real numbers regarding this they would be amazed.
Sheriff Chitwood IS doing his job of protecting all of us (and in this case our children) by bringing attention to an incident which he feels could have and should have been handled better by our judiciary system. Afterall, who of us would have known about this had we not learned of it in this way.
What Sheriff Chitwood knows that few of the rest of us know is that time and time again poor decisions, failing policies regarding which cases get prosecuted and which don’t, plea agreements and light sentences result in criminals remaining among us and continuing to wreak havoc in peoples lives.
You don’t have to agree with him, but be thankful that he cares about potecting our residents and is passionate enough about it too bring issues like this to light even if it means someone riding a desk and driving a keyboard will bash him for it while walking around every day enjoying the bubble of safety provided by law enforcement.
The author was off one thing though – law enforcement’s job doesn’t end with the arrest. Once the arrest has been made the remaining portion of the job which is almost always the larger portion begins. That involves collecting evidence, witness statements, preparing case reports and preparing for eventual courtroom testimony. That process can go on for an extended amount of time depending on the type of case.
Its easy to be critical when you don’t understand all the facets of something. We can all agree that it’s better to have a Sheriff that is passionate about the safety of our families than one who is more focused on the next step of his political career.
Willy Boy says
It costs too much to jail everyone that should be jailed. Say what they will, it’s always about the money. For instance, WalMart will stop selling E-Cigs – only after they sell their current inventory.
Margie dolphin says
The law is the law. Defendants have rights. It sucks sometimes, but if we don’t like it then we should work to change the law. This was a pre-election stunt that failed miserably (as it should). Voters need to do their homework, especially in local elections.
Charles says
Personally, if that was my child or grandchild, and this “scumbag” did this to them, I would have “TERMINATED” their existence.
Lynette says
Ok FlaglerLive is this a forum for you to spout your OPINIONS or the facts of what’s happened? Sheriff Chitwood has done more for Daytona and our County than anyone in decades! Of course some people are let out on bond while they appeal their case, yes, we know. You have to be completely out of touch to think that a convicted child molester should be out while he appeals his case!!! If it were your daughter, granddaughter, sister, etc. I’m sure you would be singing a different tune! He has no right to be walking amongst us, he is a filthy predator who needs to be locked up, period. Keep working hard Sheriff Chitwood (not “cops”) 98.5% of us appreciate you and your deputies and the impact that your work is having on this county does not go unnoticed. The fact that he stands up to people that everyone else has in their pocket and tells them they’re wrong does not make him a bully, it makes him an advocate for the people who are NEVER heard!
Marty Barrett says
Well done, you hit so many nails on the head with this article. Chitwood’s tough-guy act is growing old. His ego is boundless and his intellect is quite limited. And kudos to Judge Zambrano for taking the time to offer the remedial lesson to this dolt
Jc says
You got it Sheriff Chitwood stands for what he believes and tells it like it
is
Tom says
Sheriff Chitwood is right. Our judges are little tin Gods, that tend to gum up the wheels of Justice.
Trailer Bob says
“and their sentences reflect the generally nasty, brutish and short-tempered electorate that sent them to the bench”. Well are you not the man for calling us voters nasty, brutish, and short tempered, Quite a far fetch your imagination is passing over as reality.
This area of Florida has the most lenient sentencing I have seen in any state I have lived in. You like to write about all the crime in Flagler County, yet never , as you being a genius, put two and two together with regard to light sentences and the repeat offender rates in the county. I think you need to take some meds for sure, and start writing your your demographic, which is more likely San Francisco, or New York.
So nice to know you have more experience and knowledge that the rest of us.
palmcoaster says
Sometimes law enforcement also become frustrated and en cases emotional like we do as get tired of risking their lives in their daily duties to keep us safe, investigating, chasing and catching felons with serious crimes for then, being bailed out over and over again and released back among us and their victims. Frustrated law enforcement probably see the process as sport of catch and release…
I feel also Sheriff Chitwood stepped over the line with his request to circuit chief jugde Zambrano but I feel the judges have to follow the laws created by the legislature. If we do not like these laws then we have to ask the legislators to tighten them up accordingly to the crimes committed by these felons. If legislators ignore their constituents request, voted them out and I know is a long painful process.
We, the law abiding citizens probably sympathize or at least can understand better when sometimes our top law enforcement get over their duties via wrong action or comment just out of plain frustration, as after all we are all humans. I know we citizens can make request to judges in writing for a given incoming felon’s hearing. But if a constitutional officer makes a request to a judge besides being controversial has any other implications? I understand that incarceration in Florida is one of the highest in the nation and indeed costly to us, but when jail fits the serious crime is needed. Maybe there are other underline not addressed reasons for the high jailed population in our state, that need to be investigated.
SickandTired says
“More often having to prove their client’s innocence than having the state prove guilt”; really Tristam? That is just ridiculous. Defendant’s rights? What about the victims? Does anyone really feel that this guy should be free on bail? The bail amount is ridiculously low. As I understand it, Fugler only had to come up with 10 percent; $20,000 of his own money to post bond. Just sell one of his Audi’s and he is out of jail free to be a creep on the outside world. If Hutcheson had no other option than to allow his release and set bond at $200,000 then the law needs to be changed.
Criminals are getting out of jail left and right way too easily. Just look up a few criminals with a common last name on the Volusia County Corrections Public Access site and you will see criminals getting arrested 10 times or more and yet they are free on the street to do more crimes after just a few months. There are little or no consequences for their actions. This is a major reason why it is not a safe world out there. I for one am glad Sheriff Chitwood put a light on this even if some may not agree with his method. If Sheriff Chitwood is trying to make Volusia County a safer and better place to live, I support him. His heart is in the right place.
Victims rights says
I don’t agree with you Pierre and I’m appalled that your attitude supports a child molester convicted by his peers. Sad!!!!
Franklin J. Clair says
I shall keep this short and simple. I agree with Mike Chitwood.
chip says
once again NO ONE thinks of the victim’s….
Dave says
No one is standing up for a child molester.
Unfortunately child molesters have the same rights as all of us. If we allow his rights to be trampled , it could be our own next.
The police should assume everyone they arrest is innocent. Even if they believe they saw a crime committed, it is not their job to prosecute.
Mr G says
GO CHITWOOD THIS SCUMBAG SHOULD BE ON HIS WAY TO PRISON …. AWAITING HIS APPEAL…
Shark says
Just a whack job !!!
Mr B says
Sheriff Chitwood has the right to be mad. There hasn’t seen any justice done to him. Now the victim has to worry if he’s coming back to do anything the victims family now. Tell me how the justice system let this pedophile run the streets?
The court aystem has failed this victim until the appeal comes back. Je should rot in jail!!!
Mr B says
After all the crap the victim and the family went through. This Scumbag will most likely do the punk move to killing himself to avoid going to prison .
capt says
Oct 7, 2019
“Convicted sex offender Mark Fugler is back in jail after a judge revoked a bond allowing him to remain free while he appealed his 15-year prison sentence following outrage from Volusia County Sheriff Mike Chitwood and others connected to the case.
“It’s a good day for the victim and for her family,” Chitwood said in a phone interview.
Chitwood said Senior Judge R. Michael Hutcheson made the right decision.”
Well done Senior Judge.