Note: When this article first published on Aug. 29, 2022, it listed the date of the incident at the center of the issue as Feb. 17, 2022, as listed in the Sheriff’s Internal Affairs Investigation. In fact, the incident took place on March 17.
Flagler County Sheriff’s Cpl. Rob Myers, a nine-year veteran of the agency, was demoted to deputy and placed on 18 months’ internal probation following an internal investigation that found he had been drinking and driving and drove alarmingly close to a deputy who was conducting an unrelated traffic stop.
The road deputy had to get out of the way then followed Myers to pull him over. Myers, who was confrontational during the stop, was impaired, according to the deputy, but was not cited for it or given field sobriety exercises.
Myers was off duty, as was his passenger, deputy Nancy Malheiros, the night of the incident–the night of St. Patrick’s Day. They’d been at European Village. Deputy Seth Green, who had previously worked under Myers–but was unaware that Myers was at the wheel when he drove by him–only wrote Myers a warning for “failure to yield to emergency vehicle.”
“The traffic investigation revealed that Myers had been drinking alcohol prior to being stopped,” the internal affairs investigation authorized on March 25 states. Myers was not cited for drinking and driving, even though Green thought he was impaired. Whatever Myers’s capability to drive was, Green arranged for a family member to take Myers and Malheiros home.
Myers, for his part, at one point called the situation “fucked up and bullshit” and is heard on a body cam saying that Green “needs to learn his place.”
The internal investigation found that Myers violated four standards of conduct, including “conformance to state and federal laws” (he had not slowed down to the required 20 mph below the speed limit when yielding to an emergency vehicle). He faced termination. Instead, Myers and the agency signed a “last chance agreement” that enable Myers to keep his job in light of his nine years with the agency, “as well as his candor and acceptance of responsibility for the incident(s),” according to the wording of the agreement. He was demoted on Aug. 10. He could yet be fired if he is involved in any off-duty issue involving alcohol, has a sustained allegation of misconduct or if his job performance is deemed unsatisfactory. His probation could be abbreviated at the 12-month mark.
The incident took place on March 17 (not Feb. 17, as initially reported). Green had started the unrelated traffic stop shortly after 10 p.m. Myers approached from the rear, driving north on Palm Harbor Drive. Green said that as he was getting out of his patrol vehicle, Myers “failed to slow or vacate the lane of traffic,” the investigation states. “Being concerned about being hit by the vehicle, Green leaned his back up against his vehicle as the vehicle passed within two feet. (Estimated) Green reentered his patrol vehicle, terminated his original stop and attempted to stop the second vehicle.”
He recognized Myers, who disputed Green’s claim that he’d come close to him. Green could smell “a strong odor of alcohol coming from the vehicle” and described Myers’s “bloodshot glassy eyes” to the internal investigator. Malheiros “appeared extremely intoxicated” and confused, but of course she was not driving: intoxication is not illegal when not at the wheel of a vehicle. “Myers became argumentative, defensive and began badgering Green with ideas of ulterior motives for the traffic stop,” the investigation’s findings continue, as Myers suggested that Green had something to gain from the traffic stop.
Myers had wrong-footed Green, who’d never dealt with a situation involving a superior officer and needed time to gather himself and make a decision. (The investigation describes Green as being “in distress”). “Green advised that he initiated a warning citation but was having difficulty completing it due his feelings over the interaction,” the investigation states. Asked in the internal investigation whether he’d determined that Myers was impaired, Green said yes.
Green had gone as far as separating Myers from Malheiros so he wouldn’t be influenced by the alcoholic emanations from Malheiros as he judged Myers’s level of impairment. Once he did so, Green could “still observe the odor of alcohol from Myers as well as having blood shot watery eyes and [how he] appeared to be attempting to hide clues from him and at that point he Green felt Myers was too impaired to drive.”
He decided to write the warning ticket and arrange for a ride home, to which Myers objected, claiming he was sober. Some 25 minutes later, Cmdr. Brian Finn–the only supervisor to come to the scene the entire incident–arrived, as did Malheiros’s son, who was to drive her and Myers home. Finn would tell the internal investigator that he told Green “he needed to handle this traffic as he would handle any other and that it was totally at his discretion.”
Finn had no interactions with Myers. That had been at Chief Bernard Woodward’s direction, by phone. Woodward was the shift commander. That kept him from making a determination about Myers’s impairment, but “Watching the other body cam footage,” Finn told the internal investigator, “it definitely leads credence a little more that he was [impaired] but without conducting my own investigation it’s really hard to say.”
Deputy Laura Jenkins joined the traffic stop and witnessed Myers’s confrontational behavior (“he was pretty demeaning”), but not signs of impairment.
Myers’s contempt for Green during the stop went as far as Myers texting Green during the stop: “Are we gonna sit here all night?” He later texted him, “Thanks for the chance to take FSE’s,” meaning field sobriety exercises. Green did not respond either times. (Myers would later make an issue, while speaking with the investigator, of Green not following procedure and administering field sobriety exercises.)
Green was asked by the internal investigator–Randall Doyle–what he thought about the entire incident and Myers demeanor and attitude. Green deemed Myers’s behavior “subpar to how anyone should act on a traffic stop let alone a supervisor, deputy or a friend. Green advised he believed those actions were the result of alcohol consumption,” the investigation states.
To Myers, there was history between him and Green, he told the investigator–a friendship that had taken a different turn recently when Green was “trying to sway the agency members to join a different union,” while Myers is a big proponent of the current union, the Police Benevolent Association. The tension over unions grew over months. Myers believed the stop was somehow connected to Green trying to tarnish his reputation. “It’s my opinion, I don’t have anything to factually base that on,” Myers told the investigator. He never explained how the stop would have been part of Green’s vendetta when Green had no idea he was pulling over a fellow-deputy when he initiated the stop.
Myers acknowledged that looking back, he could have handled things better during the stop. As for his level of impairment, he said he’d gone to European Village at 2 p.m. and had had “a total of 4-5 beers over an 8-hour period,” the last one at 9 p.m.
“Do you feel that you were under the influence to the point that your normal faculties were impaired?” Doyle asked him.
“Absolutely not,” Myers replied.
“Doyle advised that although he could not comment on his/Myers state of intoxication,” the investigator’s report states,
“his observations of his visual agitation and argumentative nature continues throughout the entire traffic stop with several individuals trying to encourage Myers to calm down and return to his vehicle. Doyle advised that with the question of intoxication level the individual looking in from the outside and viewing the body camera footage could indicate the influence of alcohol.” Still, while the internal investigation found Myers to have acted improperly, “Myers has sworn under oath that he was not intoxicated nor were his normal faculties impaired at the time of the traffic stop and his regretful behavior was solely based on said history between himself and Green.”
As a consequence of the settlement between the Sheriff’s Office and the union, the union will not file a grievance or a claim of unfair labor practices, even if Myers is fired in the event he’s found to have violated the agreement. Meanwhile, Myers is not eligible for merit pay increases, promotions or special assignments.
Dbro says
No one should be above the law. I am really tired of police getting special treatment! They would have definitely given any “non police” a sobriety test and would have arrested them on the spot! This doesn’t put the sheriff and the rest of his officers in a good light!
Joseph Barand says
How many are arrested and taken to jail, everyone who is not a FCSD employee. Staley needs to step up and review this entire situation. Staley normally makes an appearance for every Tom, Dick and Harry along with his video crew. I think this was a Friday night when Staley always claims he is working the streets, a phone call or radio call is all that should have happened.
Denali says
The on-duty supervisor directs Green to handle this stop as he would any other . . . no field sobriety test, no ‘blow in the tube’, a call to a relative to give them a ride home and a warning for failure to yield to an emergency vehicle even though Myers smelled of alcohol, had glassy eyes and was more argumentative that was to be expected. Is this the way our deputies are now trained to handle suspected impaired drivers? Wow.
I call bullshit. This is just one more example of how our ‘beloved’ sheriff’s office is out of control. Sure, Green was intimidated by his superior officer but take this a step further and ask yourself how he would respond to an active shooter? If he cannot stand up to a drunk, he has no place in law enforcement. If you cannot do your job, resign.
As for Myers, what a joke. has anyone checked his credit card receipts for his purchases that night? Four or five beers in eight hours on St. Patrick’s Day? Again I call bullshit. How naive does he think we are to believe that line?
And that “Last Chance Agreement”? Pretty sweet deal for Myers. ‘Conduct Unbecoming’ while true is a far cry from the Drunk Driving charges he should be facing, Yeah, Drunk Driving, not the polite and sanitized version of ‘Impaired Driving’. How many folks busted for “Impaired Driving ” would have liked to have a ride called for them in lieu of a trip to the local jail? How about the charging officer not doing a field sobriety test and then having a charge of ‘conduct unbecoming’ along with no points on your license, no loss of insurance and paying some ridiculous rate for having a drunk driving conviction. AND, best of all, he keeps his job, no suspension, no time off without pay, just 18 (maybe 12) months of ‘internal probation’. What a deal – – –
Steve says
Bottom line, Preferential Treatment and It is BS. He should have been Arrested like everyone else. Nice Job NOT
Just some person says
The good Ole boy and girl network is alive and well. Not shocked Finn is involved either. Smh
Every Comment is Karen. says
“tHe gOoD oLe bOy and gIRl nEtWoRk iS sTilL aLivE aNd wELl”
You all act like they are getting away with this. You have full access to the entire investigation. They didn’t have to do an IA to begin with. We would have never known about this if the Sheriffs Office were really what you accuse them to be. Second, please let me know how many hours, days or weeks of training and experience you all have on impaired driving or road patrol. While you’re at it, how often have you had to potentially arrest a co worker. Lastly, if you think impaired drivers don’t get breaks then ask more of your friends. LEO probably isn’t proud of it but they give breaks to many. Its just sad this Deputy is not holding a hire standard. FCSO has done a great job 99.9% of the time. I wont turn on them for someone who celebrated ST Patties Day irresponsibly. Have a backbone people.
JimBob says
He was allegedly celebrating St. Patrick’s on February 17th? And you give him a pass?
Concerned Citizen says
I spent a total of 30 years in Public Safety. Half in Law Enforcement. Then I retired as a Lt. with Fire Rescue.
So I feel qualified to say this.
1.) DUI is a poor choice. Not a mistake. I’ll say it louder for those in the back. It’s a selfish choice where the wrong people suffer as did my girlfriend many years ago. I don’t have much sympathy for it.
2.) We took an oath to do our job. That holds us to higher standards at all times. Hell I’ve been out of the service a long time. And still consider my Oath of Enlistment valid.
3.) This Sheriff has on multiple occasions covered for his Deputies. On major offenses that you and I would still be in jail for. With an article on this paper.
It pisses me off when I continue to see sworn officials get sweet heart deals. It def is a double standard. If he was driving impaired due process should have been followed. And he should have been held accountable as you or I would have been. With an enhanced penalty for being a LEO.
No I won’t turn on them either. But let’s start holding them to higher expectations. And holding them accountable when they don’t meet them
Another Joe Mullins? says
I respect LE for the job they do. It’s bad enough they get this treatment from the unknowing public let alone a fellow LEO of higher rank & tenure. I do also think they should also be held to the same if not higher standards. How can you be trusted to enforce the laws if you can’t honor them? So, in all transparency, where’s those BWC videos for the public to decide? If it were anyone else, it’d be plastered all over the FCSO social media &/or easily released with a simple request. Off-duty, he was a regular citizen that was capable (& probable) of breaking the law, though I understand none was charged or proven, it was a public incident. Thank you Dpty Green, it must have been an extremely awkward situation (which is rarely taught) and I’m betting it didn’t stop there afterward. Shame on cmd staff for their erroneous ways. Next time everyone gets treated the same, the life you save could be your own.
ULTRA MAGA says
Party at your home or get ride home after a night of parting! No one is above the law( unless your last name is Biden, Clinton, or Pelosi! America has a DIVIDED Justice System with the Trust of the Leadership of the FBI and DOJ LOST Forever until the Leadership of Both are. REPLACED! The FBI had leadership problems for a long time; just look how took the FBI to investigate the John Walker Spy Ring!
Steve says
Or an orange blowhard who’s still crying 😭😢😭 about an Election LMAO
Bob says
Remember the head of the FBI was appointed by Trump.
Vdalin says
…. and what does that have to do with this incident?
Anita says
This is pathetic! Given a warning?!?!
Why did he get a free pass? You or I would’ve been arrested!! Nice to know these double standards exist in Flagler.
Doug says
4-5 beers over 8 hours? Come on, we all aren’t stupid, and you’re lucky to be still employed.
Typical in Flagler says
Sounds like the Flagler County Sheriff’s Office has a real COMMAND AND CONTROL issue.
Why wasn’t this Deputy given a field sobriety test and arrested for DUI ?
In reading the beginning of the article it sounds like Myers intentional tried to run the Deputy off the road while showing off to his “gal pal” Deputy.
Would the FSCO have been this accommodating if it was just “Joe Citizen” ?
I guess there was NO VACANCY at the Green Roof Inn.
Bob J says
NO VACANCY at the Green Roof Inn. only for the non privileged.
Dennis C Rathsam says
Talk about special treatment…..Do as I say…not as I do. There is a stench in the air, at the sherriffs dept. And now the city wants to give Staly more money…. It time to investigate, the deptartment, find whatever else is hiding, under the rug. This happend 5 months ago, & we are just hearing about it now.
DMFinFlorida says
Absolute BS. If this had been ANYONE else but a fellow LEO he would have been arrested on the spot for a DUI and had to go through the same state-mandated process as everyone else. This is the kind of thing that makes some people get angry with law enforcement. He is a stain on the good reputation of the devoted and competent officers. I’m disgusted he was not treated the same as any other citizen, no matter who his employer is!
Robjr says
Show him and the deputy who let him drive away the door.
P.C. Resident says
“not eligible for merit pay increases, promotions or special assignments.”
Wow, if it was anyone without a badge, they would be in jail. Meyers is lucky. I hope he doesn’t waste this opportunity to straighten out.
Tony says
Lets see…Deputies aiding Capitol Rioters…no discipline, Deputies driving under the influence, no discipline. What’s wrong with this picture? We need answers from Sheriff Staley. Perhaps a department review from top to down by an outside agency like the FBI is in order. Just because someone has a badge they don’t get a free pass for criminal or illegal activity.
Tim says
Nice to see the blue wall is alive and well in Flagler.
not sarcastic says
And thats why they have the reputation they do. Let anybody else drive dangerously close to an unrelated traffic stop and then when stopped “appear to be intoxicated”…..what a clown show—different rules I guess, huh?
Mr says
Why wasn’t he given any sobriety tests that’s the question
Another PC Citizen says
I cannot agree more with most of the comments here. If anyone, a deputy, a county commissioner, President or FPOTUS is placed above the law, then the law has no meaning it does not matter what side of the political spectrum one is on. Dep. Myers should not have been treated any differently than any other average citizen. You dont let someone off with a warning WITHOUT at the very least doing a FST or BA test!!!
The supervisor and the deputy issuing the warning need to be given warnings, and Dep Myers needs to be terminated.
Robert says
No wonder people don’t trust the cops. It must be nice to get a badge that gives you special rights. Anyone else gets a test and night in jail with more to come. I don’t want to hear Staley talk about being tough on crime. Maybe that is for those who are of lesser folks in his mind. I am sure the green roof had one room available that night. I have always supported LE, but this makes me think reduction in funds is a good idea. Thank God Mullins parting shot was to vote against budget increase. Put the blindfold back on lady justice.
Shark says
Imagine if this was Mullins. They would have thrown the book at him.
C’mon man says
And just last week all you heard was thank you and how great the sheriffs office was when an active assistant alarm went out at a high school. Now back to bashing them.
Black Beret says
Strange how Stahly sat on this till after the election. I guess the all the Deputies who showed up at the commission meeting crying about how “belligerent” Mullins was when he got pulled over on I4 by FHP didn’t want the public to see how BELLIGERENT their own can be.
I wonder what Leann Pennington position on this? Considering how she shredded Mullins for his encounter with FHP.
Carlvaho says
Most police departments have a procedure for this. Dispatch a senior officer to handle it. I’m amazed Staly didn’t show up for a photo op.
FlaglerBear says
I think it’s amusing how every topic in some way shape or form points to Trump. How does that figure? Anyway, I think the policy should be, if a sworn sheriffs department deputy is stopped by a fellow deputy and suspected of being a DUI, then FHP should be contacted and take over the case immediately. Whatever happens from that point criminally is out of the department’s hands. Once the case has resolved itself through the criminal justice system, the Sheriffs Department can handle the administrative portion…from suspension all the way through termination if deemed necessary. The other way was just dumb and messy.
So many unanswered questions says
I wonder why the body cam video isn’t being posted. Is it perhaps because it doesn’t fit the agenda of the falsities in this article? There was reasonable suspicion that Myers COULD HAVE been drinking, but no tests were administered to confirm that. So, to everyone questioning about why Myers wasn’t given the tests…seems to be because there was not enough evidence of intoxication. Or maybe because Deputy Green had ulterior motives. Everything is based on speculation of one person, Deputy Green.
Per the incident report (in case you didn’t read it): Deputy Jenkins and Commander Finn both advised that while on scene they observed behaviors inconsistent with Myers normal conduct but could not confirm that they observed what they could positively identify as signs of intoxication. Why couldn’t Green do the same?
How long has Deputy Green been a deputy? How many agencies has he bounced around from? He didn’t know how to handle a person who he claims was drinking and driving? If Deputy Green actually handled the call appropriately as he would have any other person as instructed by his Commander, than a field sobriety test should have been conducted. You cannot positively say Myers was intoxicated. Shame on you!
And as far as Conduct unbecoming…why again wasn’t Deputy Malheiros also involved in this investigation? Her behavior sure showed how unbecoming she was that evening in the incident report.
Flagler Live, lets take a dive into other Deputy related drinking issues there have been within the agency. I’m sure this town could give you a few names to start requesting their files. If it’s good for one, it’s good for all??
FlaglerLive says
The videos were requested. We are still waiting.
Angry Citizen says
You all should be ashamed of yourselves! Pointing fingers when you were not there and do not have first hand knowledge of the incident. I am certain that the ones writing all of these negative comments could not spend a day in the shoes of a Law Enforcement Officer. Sheriff Staly has done amazing things and has a wonderful team of Deputies. Let’s not forget who you call at the end of the day when you have an emergency. Try and humanize the badge a little people! There was zero proof Myers was drunk. Nor the passenger. In fact, she shouldn’t of even been mentioned! When every one of you decide to live a perfect life or decide to take the Oath, then perhaps your opinion will matter.
FACTS>FEELINGS says
This is so infuriating, all of you “anti-cop”
“Defund the police” hypocritical keyboard commenting bully’s.
First of all I don’t know these two personally, however there are good and bad people in every career path.
Secondly how many of you can honestly say you havnt had a couple drinks and acted a fool. Uh none is the correct answer.
Since you all have so many OPINIONS go look at the facts. Go work in law enforcement, go pull dead kids off the road, because they’re parents didn’t buckle them in because Snapchat or a needle was more important.
Law enforcement is a non stop fueling fire of trauma that you don’t get the time to even heal from because your underpaid, overworked, and your always putting your life on the line 24/7! On or off duty. The system is the way it is because of you.
I dare you, to even make an attempt, 1/2 of you won’t make it past the academy. Those of you that do 3/4 of you won’t make it a year, and even after that your brain has been through so much that your life expectancy is shaved off like you wouldn’t believe, you’ll have high blood pressure, multiple injuries caused by criminals that you don’t have the time to properly heal from physically.
Also your only being provided with half of what an investigation like this really intails, there is so much more then what the public can see. They will be reprimanded beyond what you are told, and still be there overworked, overtired underpaid. And now unable to work further up the chain, y’all would rather see these officers with time & knowledge under there belt replaced with a rookie kid that got bullied in high school and wants control, power and authority for the wrong reasons.
I’m willing to bet both all 3 of the officers mentioned have saved you, your family, your friends and your neighbors more times then you even were aware of.
That’s the problem with most of you, you have not the slightest bit of idea of what it really takes to be an officer of any rank.
So the next time your a family member of yours you yourself, your close friend, or your neighbor has emergency call ghostbusters. Since they’re service seem more fitting for your wallet and lack of respect for authority. The audacity of some of you just tying a way when you have no clue unless you have lived it.
However when your neighbor goes a wall, or your kid gets abducted, you want someone with knowledge, training, and experience to show up. Or are you going to DIY the situation.
When is an IQ test going to be made mandatory before you’re able reproduce?
Hopefully sooner rather then later, I’ll pray for all of you that your solar panels charge your Teslas real good before your next long road trip.
Don’t forget as we head into Florida’s fall/winter/ also hurricane season…. That you check your blinker fluid and get the hot air out of your tires and replace it with colder air.
I don’t care about your replies/ responses I won’t read them. Because until you know what it’s like to work in law enforcement, you have absolutely no idea what really happens on one single shift in any county of any state.
Call 911 and then order a pizza for delivery anywhere and see who gets to you first. That’s your fault.
Do some research/ look at statistics and keep your mouth shut. Speak facts before you spew out your hypocritical theory’s.
Oh and one more thing since you all are so educated, we went from making money as a country to only buying it.
I sure hope I didn’t make any of you all feel “offended” lmao what a joke.