The Flagler County Sheriff’s Sgt. Michael Breckwoldt will not face criminal charges following an investigation of an incident at Finn’s bar in Flagler Beach late the night of May 26, in which a man alleged Breckwoldt had battered him and abused his authority.
Breckwoldt, who was in charge of the agency’s narcotics unit, was placed on paid administrative leave for a day after the incident, then reassigned administrative duties. He will now be the subject of an internal investigation at the agency where he has served for 20 years. Such investigations always await the conclusion of any criminal investigation before proceeding. (See: “Flagler Sheriff’s Sgt. Breckwoldt, In Charge of Narcotics Unit, at Center of Abuse of Power Allegation.”)
The criminal case was investigated by Flagler Beach Police Department Detective Rosanna Vinci, who reviewed surveillance footage from numerous video angles and interviewed Lance L. Redding, the 41-year-old alleged victim, and five other people, but not Breckwoldt. Through his attorney, Breckwoldt invoked an employee right not to be interviewed that was not, in fact, applicable in the given situation, though even outside employee parameters, it was still his right not to be interviewed.
“Upon reviewing video from Finn’s I found no video evidence showing M. Breckwoldt committing battery as described by L.R. in his interviews,” the detective concluded, using Redding’s initials.
Unquestionably, there was contact between the deputy and Redding, but not the sort of contact that would amount to anything aggressive or confrontational, the detective found. She found no body-bumping as Redding described it–at least not on video–but rather Breckwoldt tapping Redding with a finger or the back of the hand as if to gain his attention in a noisy environment. “Based on the video surveillance, M. Breckwoldt’s actions appeared to display no criminal intent, ill will, or [malice],” the detective wrote. “Furthermore upon L.R. indicating to Breckwoldt his actions were unwanted, M. Breckwoldt was not seen touching L.R. for the remainder of the evening.”
There is no question, however, that Breckwoldt demanded of Redding, whom he did not readily know, that Redding buy him a drink, which Redding did. It was only after Redding bought him the drink that Redding found out that Breckwoldt is a law enforcement officer, though Breckwoldt had made references to his self-importance beforehand.
The investigation further reveals that Breckwoldt made unwanted advances toward a woman and repeatedly touched her against her will. It reveals that, according to witnesses he said “I run this town” and told Redding that he would regret it if he did not buy him a drink. And that he was so intoxicated that security staff escorted him out of the bar after his third interaction with Redding.
But it was Redding who, after being told by someone else that Breckwoldt was a law enforcement officer, returned to Breckwoldt twice, accusing him of throwing his weight around and of sexually harassing a friend at the bar.
“L.R.’s actions indicated no fear or concern for his safety as he reengaged with M. Breckwoldt,” the detective concluded. “Furthermore L.R. statements to M. Breckwoldt, which were observed by witnesses, support the fact that L.R. had no fear of M. Breckwoldt. Based on video evidence coupled with witness statements, I found no probable cause to support criminal charges against M. Breckwoldt.”
Vinci’s detailed report extends 13 single-spaced typewritten pages, describing behavior that, while not found to be criminal, nevertheless shows Breckwoldt to have behaved inappropriately and Redding to have possibly had a motive other than filing charges–at least according to Austin Chewning, a former Flagler County Sheriff’s deputy and colleague of Breckwoldt’s who worked at Finn’s as security that night, and who had arrested Redding on a charge of driving on a suspended license seven years ago. Redding accused Chewning of throwing him into homelessness because of that arrest.
In other words, Redding was known to Chewning that night, as was his past (Redding is a convicted felon who served two brief stints in prison when he was much younger). According to video footage, Chewning and Breckwoldt had been conversing before Breckwoldt approached Redding to demand the drink, seemingly out of the blue and causing Redding and an acquaintance who was also at the bar to wonder about the surrealism of the ask. Redding told the detective he felt he was being targeted and treated stereotypically by Breckwoldt because of his dreadlocks and possibly his skin color (he is Black).
Ashley Perkins, the acquaintance, told the detective that Breckwoldt “was antagonizing L.R. and particularly recalled M. Breckwoldt saying to L.R., ‘that’s why we have an open case on you.'” Perkins told the detective that she felt Breckwoldt knew Redding, “because he approached him immediately after L.R.’s arrival, and asked him for a drink. She did not recall M. Breckwoldt approaching any other patron in the bar and asking them for a drink.”
Once Redding found out who Breckwoldt was, he told the deputy, according to Perkins: “If you were anyone else in the street, I would have hit you by now for being all up on me.”
“If you’re going to hit me then hit me already. I’ll ruin your life. Do it Do it,” Perkins said Breckwoldt responded. (Video surveillance has no sound.) It was around then that Breckwoldt became flirtatious with Perkins. Perkins’s sister, who was also interviewed, said Breckwoldt touched her chest area, among others, a gesture the detective saw on video, though Perkins herself said that had not happened: he’d touched her elsewhere against her will even after she told him to stop, which prompted Redding to call him out and draw the attention of security.
Regarding Breckwoldt abusing his power, Blake Shockley, the manager on duty that night, had told a Flagler Beach police officer the night of the incident that while he did not see the incident, he “observed” Breckwoldt saying to Redding that “I’m the sergeant of Flagler Beach and I fucking run this town.” Shockley was quoted to that effect in the officer’s incident report, which Vinci included in her report. But when Vinci interviewed Shockley, “it was determined that he did not directly hear M. Breckwoldt make any statement regarding his profession or that he was the sergeant of Flagler Beach. He explained that he was told that by the other party who M. Breckwoldt was in conflict with.”
Jada Perkins, the sister of Ashley Perkins, who was also at the bar–the incident unfolded on the upper deck of the bar–also said she heard Breckwoldt make those statements about running the town, according to the investigation.
Ashley Perkins told the detective that she was considering pursuing legal action against Breckwoldt over the unwanted touching. Dusty Morrow, a bartender that night, had witnessed Breckwoldt “making some females uncomfortable,” according to his interview with the detective, which prompted him to cut off Breckwoldt and order security to escort him out. After her initial interviews with the detective, Perkins stopped communicating despite numerous attempts by Vinci to contact her.
Chewning in his interview with the detective portrayed Redding as the “excited, agitated,” “yelling and screaming,” and recalled Redding saying, “I’m going to fuck this n— up,” apparently after the initial interactions and discovering that he was a cop. Chewning told the detective that Breckwoldt was clearly impaired but more “lackadaisical” and unaware. After the upper deck was closed and Chewning was outside the bar, Redding approached him and leveled the accusation about Chewning causing his homelessness. Chewning told the detective, going off of what he heard from a person only known as “A.J.,” who was never interviewed, that Redding was “going to get paid” through a legal settlement after going after Breckwoldt’s job.
Vinci also attempted to give Breckwoldt the opportunity to provide his version of the events. There were communications between him and the detective, but he deferred to his attorney, Hank Coxe, who asked Vinci on at least two occasions whether she was aware of the Sheriff’s Office “ordering his client to speak with me.” Vinci was not aware of any such order, and assured Coxe that the investigation was being conducted independently by the Flagler Beach Police Department.
Coxe then invoked what are called Garrity rights which, as Vinci explained, are “rights afforded to law enforcement officers and correction officers, to not to answer questions during a workplace investigation or be compelled to answer questions with the threat of retaliation or disciplinary action.” (The rights apply to all public employees.) But since Flagler Beach was not employing Breckwoldt, the rights “would not apply to this investigation,” Vinci explained.
Breckwoldt did not interview with the detective. But on May 30, four days after the incident, Flagler County Sheriff’s Chief Mark Strobridge forwarded an email to Flagler Beach Police Chief Matt Doughney. The email was by Breckwoldt, and had been sent to Sheriff Rick Staly. It read: “I apologize for my actions, I went out to dinner with my family visiting from South Carolina straight from work. I honestly do not remember anything from after dinner. I am not making excuses but definitely not my character. I did want to reach out to you directly.”
The Boogey Man says
It appears that the Deputy can’t hold his liquor. I see the potential for the Deputy to seek FCSO assistance in getting him into a rehabilitation program.
C’mon man says
So the incident was over. Then he found out he was a deputy and decided to further engage him??
Concerned Citizen says
Wow. LOL
It should read. Upon reviewing the video footage of a fellow officer in a neighboring jurisdiction. I was told that there was nothing to see here. And that there would be no accountability towards this Deputy who is also in a supervisory role of a sensitive department. What a farce. Why wasn’t this turned over to the DA’s Office? Or FDLE? At least they have cops who aren’t in the sphere of influence. Having Flagler Beach “investigate” keeps it in the good ol boys circle of course. And I wonder how hard higher ups leaned on the Detective?
Further more. I find it interesting that the Sgt invoked a right to interview. Then the victims past was brought up. Regardless of who you are or what you might have done. You have the right to be treated civilly by the people that are supposed to protect you.
This is going to go nowhere of course. The Sheriff’s Office will smear the individual. And the good Sgt will go back on active duty. Getting drunk and being a bully.
I have said it numerous times. This Sheriff has had and continues to have serious issues with his employees. Especially for an accredited agency. The sad part is he has been in office so long he has built his own little empire. At our cost no less. Time for some changes top to bottom.
Nenemalo says
They rarely ever find any wrongdoing since the brotherhood investigates themselves. The Blue Line Gang maintains a code that can not be broken.
Brass says
You cannot read this article and believe EX deputy Chewning didn’t tip Breckwoldt off about Mr. Redding. There is no indication Mr. Redding directed any visible negativity to now Bouncer Chewning for a past arrest. It makes sense that Mr. Redding would speak up for himself after finding out Breckwodlt was a cop. I’m sure he was wondering why the 20 year veteran was conducting himself in such a non-professional manner and called him out on it.
Sickening abuse of power says
Of course no charges are filed. Has anyone visited Finns and been offered a “courtesy “ ride home ? Pffftt !
The Good Ole Boys never let one another down.
Jimbo99 says
Had a feeling there was more to the plot than a random drunk encounter. They all go back 7 years with a history that reveals interesting sub plot for a get rich quick scheme ? Someone needs to write a movie script for this, maybe call it “Barfly 2”, they all might get rich in the process. That night could be a scene of a deeper movie plot & story line ?
Atwp says
Caucasion men do wrong so many times, when they are caught they don’t know how to act. No criminal charges filed. That is usually the case with white officers. I’m guessing he is white. White don’t know how ez they have in this country. They just don’t know. They have the easy life and most don’t realize it.
TR says
Every person in this country has the same ability to make the best for themselves and their families. If you think that the black race people always get the short end of the stick then maybe it’s because they chose to do bad things. Color has noting to do with weather a person gets punished for doing something bad. It’s the facts that justifies the punishment. But hey I guess you forgot what happened to the white officers in the George Floyd case.
I hope someday you will see past the color of ones skin and get rid of the pain you have. It’s not healthy for you. Hate rid will eat your soul.
Pierre Tristam says
TR is off here. He should read this report by the US Sentencing Commission on “Demographic Differences in Sentencing” (quick take-away: “Black male offenders received
sentences on average 19.1 percent longer than similarly situated White male offenders during the Post-Report period (fiscal years 2012-2016), as they had for the prior four periods studied.”) Here’s an at-a-glance look at the report. So yes, Atwp seems much closer to the truth when it comes to “the black race people.”
TR says
I wasn’t commenting on an overall basis of arrests of people. As the article is about a police officer, that’s what my comment was based on Police officers getting arrested for crimes they supposedly committed and went to trial. I’m sure there are plenty of Black officers that were arrested and based on the facts of their case were not convicted.
Thanks for the report but it’s not based just on officers getting arrested. Besides the statistics are 8 yrs old, and I’m sure they have changed in the last 8 years. JMO
Ray W. says
A few years ago, the Sarasota Herald-Tribune assigned a number of reporters to the task of collecting court records from all over Florida; they then buckled down to the task of studying to large quantity of sentencing data in an effort to identify whether any patterns existed according to a defendant’s race in the sentences handed down by various judges from all over the state.
While there appeared to me to be some difficulties with providing a base standard from which to draw the best possible conclusions from the data, as the number of variables in sentencing options is vast and sometimes difficult to quantify, there seemed to me from the reporting that there is little doubt but that race played – and may continue to play – an enormous role in the length of sentences handed down in certain Florida courtrooms. Other judges were much more consistent in their sentencing patterns.
All told, it seems that TR really is off base in his assertions, at least regarding how sentencings occur based on race in some Florida courtrooms. It may very well be that TR just doesn’t know what he is talking about. I cannot overlook the possibility that TR is one of those Americans who sees reality as an enemy to be defeated. He or she knows that race really does play a role in Florida courtrooms, but he or she sees it as a personal task to argue against that fact.
I like to believe that Florida’s judges passed around the articles, discussed the findings, and some decided on an individual basis to reassess how they sentence people, but that might be wishful thinking on my part. Of course, since the vast majority of cases are resolved by plea bargains, and judges quite often go along with what the State offers, certain prosecutors just might be the ones who really should reassess their own plea-bargaining biases.
Brass says
The reason Derek Chauvin didn’t the usual support “Thin Blue Line” support was because in Cop World there a million ways to ruin and take a life in the line of duty. “Color of Law” What he did was put a face and action to what many of us already knew and when the world saw it it opened a can of worms for bad policing. Black Codes are still enforced and used to this day.
“The origins of modern-day policing can be traced back to the “Slave Patrol.” The earliest formal slave patrol was created in the Carolinas in the early 1700s with one mission: to establish a system of terror and squash slave uprisings with the capacity to pursue, apprehend, and return runaway slaves to their owners. Tactics included the use of excessive force to control and produce desired slave behavior.
In 1868, ratification of the 14th Amendment of the U.S. Constitution technically granted equal protections to African Americans — essentially abolishing Black Codes. Jim Crow laws and state and local statutes that legalized racial segregation swiftly took their place.
Slave Patrols continued until the end of the Civil War and the passage of the 13th Amendment. Following the Civil War, during Reconstruction, slave patrols were replaced by militia-style groups who were empowered to control and deny access to equal rights to freed slaves. They relentlessly and systematically enforced Black Codes, strict local and state laws that regulated and restricted access to labor, wages, voting rights, and general freedoms for formerly enslaved people.
By the 1900s, local municipalities began to establish police departments to enforce local laws in the East and Midwest, including Jim Crow laws. Local municipalities leaned on police to enforce and exert excessive brutality on African Americans who violated any Jim Crow law. Jim Crow Laws continued through the end of the 1960s.”
Flagler Expatriate says
This isn’t about race. The real issue is a power tripping, renegade, out of control police force. Staly and his gestapo have different standards when enforcing the law: one when one of their own runs afoul of the law and a draconian zero tolerance for the general public. And yes, you probably will receive even worse treatment if you’re black.
Steve says
Of course not because the Sheriff has two standards when it comes to his bully police force. Lock him up
James g Boyd jr. says
When Flagler county sheriff come to your house for arrest they claim probable cause with no evidence and aren’t you. Then Sheriff Stayley talks about it on his weekly roundup! Like we’re cattle. Also making comments about there green roof in. This should of been investigated by an outside source!
James g Boyd jr. says
Good ole boy county
JAFO says
So what is the issue? Money made by the victim,talked out of charges. What more can you say? I am not friends with Mike but come one. Sheriff you are a 2 face kinda guy. And you dang sure are not getting my vote next go around. SHAME SHAME SHAME on you sheriff. And it’ll be an internal investigation which means a slap on the wrist. I said it before y’all and your good old boy system don’t work anymore. I’ll go to FDLE if you don’t do something.
Denali says
I have worked with and in enough agencies over the years where “perception” was king. Right or wrong if the public perceived you as a problem, you were sent for counseling or shown the door. Yes, it was harsh but we never had problems like we see here in Flagler County. The Sheriff with his double standards is the root of the problem.
Concerned Citizen says
The last few years of my Law Enforcement career were spent in IA. It was not a fun job believe me. But our agency got new leadership and wanted to turn things around.
Most of our misconduct investigations usually resulted in a swift suspension. And other hefty penalties. I can recall several cases where the Chief said nope not here. And had no problem cutting people loose.
This Sheriff continues to have multiple issues with personnel. And not just rank and file. This surprises me with his accreditation at stake every year. Sadly though he has been in office so long he himself believes he is irreplaceable. Maybe it’s time to remind these empire builders of that.
Skibum says
My law enforcement career out west was the same experience that you described here. First with a police department in the L.A. area, then a sheriff’s department in southern CA, and finally I finished up my career working for the state up in WA and for the last several years of my career as a Lt. actually having the responsibility for conducting internal investigations and recommending disciplinary action. None of those agencies tolerated foolishness or off-duty misconduct, and I might add that policies and cultures that clearly state the high expectation of the agency’s personnel help create a much more healthy and enjoyable work environment, not to mention the critical trust and cooperation of the community. Although I have faith that the sheriff here will do the right thing at the conclusion of the sergeant’s internal investigation, I hope the citizens are able to hear the results and know that he will be held accountable with appropriate discipline for his off-duty behavior. We will wait and see what happens.
Skibum says
The decision not to pursue criminal charges against the drunk FCSO Sgt. was made by the prosecutor’s office, not the sheriff, not the Flagler Beach police chief. Regardless of no criminal charges, everyone can rest assured that this Sgt. is not just getting off with just a “slap on the wrist”. This not only has been an embarrassment to the sheriff’s office, it is a VERY PUBLIC incident and the Sgt. continues to be under an internal investigation for being so drunk in this incident that he now says he cannot remember anything that happened. Well, whether that is actually true, or merely a statement that he thinks might lessen his punishment after the internal investigation results are in, he WILL be punished and held up as an example for himself and other deputies that their actions have consequences, both on and off duty. I’m sure some may not believe this will happen, but I’m quite sure that Sheriff Staly does not want further embarrassment or rebuke on him or FCSO by letting this Sgt. get away with what he did without some accountability that will serve to dissuade any such behavior in the future as well as document this incident in the Sgt’s personnel file should any future disciplinary action be warranted.
TR says
Well said and I found out today that the Flagler Beach investigation will not press charges but the FCSO internal investigation is still on going. So this isn’t over yet apparently.
Concerned Citizen says
@ Flagler Live
Would make for some good follow up journalism to investigate the FCSO influence on FBPD.
Popeye says
Snitches get Stiches……….Narcs get thrown in Ditches
bill says
alcohol, a badge and a gun a very dangerous combination. lots of problems in this sheriff’ office time for a purging of higher ups. i put in over 25 years as a police officer and left with a descent pension and full medical and how did i do that , went home to my family , repaired my house and always doing things with family i did not waste time drinking in bars or PBA functions seen enough intoxicated idiots when i was on patrol
Skibum says
Amen to that! My sheriff and the higher ups when I was a deputy sheriff in southern CA always wanted the troops to do frequent bar checks, walking through the bars in our assigned patrol areas when we had free time between calls, “showing our presence”. It never failed that someone would want to regale me with a recollection of their last police encounter, beer breath and all. I absolutely detested walking through bars on duty and being around that type of crowd, so you would never find me in one off duty either.
Selective enforcement says
This internal investigation will go exactly the same as previous ones for Det. Morales and Det. Moy. While the cameras are on just give them a small slap on the wrist…then when the public has lost interest…return them to their former status. Morales nearly killed a woman in a drunken accident and Moy hurt is own daughter during a drukin fit of rage. Now that no one is looking they are back where they were before the incidents. Breckwoldt will be no different. This Sheriff has so many skeletons in his closet and by leaving drunks in these positions he is setting us all up for a tragic incident.
58PIGLETS says
The only reason this is a story in the first place, is because he is a deputy! IF it were just two ever day guys at the bar, it wouldn’t have been anything. Cops are people too and sometimes, just sometimes they too can have a bad day and make bad choices. I would imagine this does not define his normal behavior.
Concerned in Flagler says
I hope no one believes this is the first time Officer Breckwoldt has engaged in such behavior. This is just the first time he got in a situation where it was reported and made public.
The public needs to continue to let Sherriff Staley know that Deputies who do these types of things are not redeemable in those roles. As people, sure, maybe, but not in a role that requires the trust of the public.
Samuel L. Bronkowitz says
I imagine that much like courtesy rides, avoiding criminal charges while trashed at a beachside flager bar is a service provided to civilians under various circumstances by the FCSO as well