James Melady, the former Flagler County Fire Rescue paramedic facing a rape charge involving an unconscious patient in his care during an ambulance ride, claimed today through his attorney that what he was doing to the patient was medically necessary, and therefore not actionable under Florida law.
Melady, 38, was arrested a year ago on a first-degree felony sex-battery charge and a video voyeurism charge after Daytona Beach police, investigating a separate incident involving him, discovered a video recording he’d allegedly made in the back of a Flagler County ambulance on Oct. 17, 2021, of an unconscious woman. The video shows him digitally penetrating the patient’s vagina. He stored the two clips on his work computer, which he apparently had in his possession when Daytona Beach police were investigating him. He lived in Daytona Beach. He’s been at the Flagler County jail for just over a year, without bond.
Melady subsequently accumulated other charges, including an unrelated video voyeurism charge and a burglary charge in Volusia County, and two additional felony charges in Flagler County stemming from the fraudulent use of a credit card and identity theft.
His attorney, Charles Fletcher, was seeking an extension in court proceedings so he could find a medical expert who would testify to the claim that what he did in the ambulance was necessary.
“The statute indicates that it’s not sexual battery if the person is engaged in a bona fide medical purpose,” Fletcher said. “He’s a paramedic. The patient was unconscious. I don’t believe the Narcan worked. He was taking steps to discover what was causing the unconsciousness.”
Assistant State Attorney Melissa Clark wryly noted that recording the moment on video and storing it on his computer had nothing to do with medical necessity.
In an interview after the hearing, Flagler County Fire Rescue Chief Michael Tucker, who was appointed chief in June 2021, said paramedics at his agency “absolutely” do not video record encounters with patients for any purpose, let alone store them. “Flagler County Fire Rescue does not nor has ever recorded patient evaluations and assessments,” Tucker said.
Circuit Judge Dawn Nichols was not impressed with Fletcher’s request. “So not happening,” the judge said of a 30-day extension that was actually more like a 90 to a 120-day continuance. “I just don’t understand why so far in the case that this is just now being done.”
Nichols at first was under the impression that Fletcher was seeking a mental health evaluation. Fletcher informed her of the actual intent–finding an expert to back up the medical necessity argument.
“What type of expert do you think that you can find to make that statement?” the judge asked him.
“I’ve looked on the JAC website,” he said of the Justice Administrative Commission, one of whose many services is to help lawyers find expert witnesses. “There aren’t experts on what a paramedic can do and what a paramedic could not do, given certain circumstances. I’m going to start with just a general doctor.”
The judge denied the request for the extension. She did not stop Fletcher from looking for an expert. If he were to find one, she said she would “reconsider.” She then shifted to discussing the offer the state had made–20 years in prison, 10 years on probation just for this case. If connected on the rape charge alone, he would face up to 30 years in prison, which he would have to serve day for day: early release does not apply to sex crimes. Then there are the other charges.
“Wow, you’ve got a lot going on. A lot of cases,” Nichols told Melady, who stood in his orange jail garb next to Fletcher, at the lectern a few feet in front of Nichols. “I would greatly encourage you to talk to your attorney about a reasonable counteroffer in this case. I’m not saying the state would accept one, but if you come up with a global prison offer to resolve all of your cases, it has to be well into the double digits. I’m not saying 20, but in a range that’s getting close to that to resolve all of your cases globally.”
The term “global” is commonly used in court to mean that one plea bargain could settle multiple cases in multiple jurisdictions.
“I don’t mind resolving them all globally for you,” Nichols told Melady. “If you go to trial and you lose on this one, your exposure alone is 35 years, just this case here.” Other cases would raise the exposure to 55 years, or what would amount to life in prison–not including the cases in Volusia County.
“Can you guarantee a Not Guilty on all of these cases?” Nichols asked Fletcher–not the fairest question she could have asked, though Nichols is a grand master at using the G-rated language of affective psychology to terrify defendants into pleas when they face long odds at trial.
“No judge, I can’t guarantee anything of the sort,” Fletcher told the court. He is meeting with Melady on Tuesday. He will let the state know the following day whether a global offer is on the table.
Nichols closed: “If things don’t go well for you, you very well could spend the rest of your life in prison,” she told Melady. “You’ve got a good lawyer. Talk to him. But I need you to have realistic expectations. With all of these cases, you’ve got tremendous exposure. I’ll leave it at that. I’m setting this for Oct. 8 docket.”
Keep Flagler Beautiful says
What an absurd defense. Who’s going to believe that? This sounds way too familiar, like the excuse creepy USA Gymnastics Team doctor Larry Nassar used for sexually abusing 150 girls and women. He’s in prison for the rest of his life, and every day is hell for him. Maybe he needs a cellmate.
Steve says
How absurd. The try anything to stay out jail card
Nursamedic says
In all my years as a paramedic (and now RN) I have never had a reason to digitally penetrate a patient in that manner, and certainly not for determination of altered mentation.. I can only think of one instance where this would be necessary (laboring Mom with a cord around a baby’s neck) which clearly was not the issue here. What a disgrace to his profession!!
Deborah Coffey says
“The statute indicates that it’s not sexual battery if the person is engaged in a bona fide medical purpose,” Fletcher said. “He’s a paramedic. The patient was unconscious. I don’t believe the Narcan worked. He was taking steps to discover what was causing the unconsciousness.”
So, he was checking a vagina for the cause of unconsciousness? This is REAL LOL and, if they can find an “expert” to testify to this, lock him up, too.
Atwp says
Is this real? Medically needed. Never heard of anything like that. This is crazy. Am sure he will not go to prison. You know where I’m going with this. He is a white guy.
FlaglerLive says
Before making baselessly, opportunistically, idiotically racist comments here, Atwp should recall that an outlandish defense is not exclusively a white phenomenon.
Greg says
Laugh my ass off is all I Va. say. Wow
Doug says
Nice try.
Me says
Disgusting comment. Lock this loser up for good.
TR says
FL, Atwp has been making racist comments for years on here. I tried to call him out on it all the time but gave up because some people just can’t see that they are why racism lives on today. Some people will never learn how to fix the problem. It starts with oneself. It’s also one of the reasons I don’t comment that much anymore on here. I feel sorry for Atwp having to go through life with so much hate that he can not see the good. Besides, there are just as many white people getting arrested on a daily bases then black people. Just check the FCSO arrest website and you’ll see, unless one has blinders on.
But to the topic at hand of the article. I believe it’s an excuse that will not hold any water and this guy needs to do some major jail time.
Skibum says
When this ridiculous defense seems to be in trouble, just wait for the “Despite being unconscious, this horrible person was enticing my client for her sexual pleasure. She is no victim, my client is the real victim here” defense.
We will never know how many other victims this sexual predator victimized in the back of an ambulance while he was supposed to be providing emergency medical care. Taking advantage of those who are particularly vulnerable, like this victim who was unconscious and unable to stop the sexual abuse, is one of the most despicable acts imaginable.
Laurel says
Looks like this guy needs to move to NY and get Trump’s lawyer. Trump lost his *digital* case, but he’s still not in prison.
Is this case “politically motivated”? Ah yes, equal justice for all.
Atwp says
Tr, thanks for being my psychologist. Yeah right!
Jim says
If this is true, ” this victim who was unconscious and unable to stop the sexual abuse”, how would she have known that this crime was being committed? Says a naive one.
FlaglerWannabeFiremen says
Is this the same fire department that just got huge pay raises and Kelly days? The fire chief and other officers shielded this pervert for years and are now shocked he did something like this?!?! Has anyone talked to the guys that were his partners for years and learn how he was cheating on his wife with Advent RN’s while his wife was pregnant? He had a record at the department and Tucker let it slide for years. So, the county rewards the fire department with more $$ while the taxpayers get shafted. Who’s going to pay out for the lawsuit of the girl that was raped? THE TAXPAYERS!!! The biggest joke of a fire department in the great state of Florida. Tucker should resign and whoever was his LT at station 62 should be investigated and then fired as well.
Fire rescue protected Melady says
Serious question, I saw on Facebook that the Fire Department will be getting a substantial pay increase and 6 week Kelly days. Heidi petito, How on Earth did you reward a fire department with all of this stuff and nobody that worked with Melady, the person that Wrote Melady’s performance review, obviously a lie by the officer and I believe his named was Armando C from the earlier reports not be fired or demoted. Heidi, the BOCC shouldn’t be giving more money to this fire department that’s being operated by a senile old man and should save that money for the lawsuit of the victim that was raped. She’s going to get paid and the citizens of Flagler county will pay for it next year with higher taxes. The citizens are the losers in this. You’ve just rewarded bad behavior and it’s a shame.
LT C says
This kind of behavior gives a black eye to all first responders. First responders are our first line of defense and rescue. They need to be trusted by everyone to do the right thing! This a$$hat needs to be locked up for a long time. I’ve been a Paramedic for 20 + years and can not think of a single reason to justify this guys “treatment” modality for this woman. I used to work for a department located in Flagler County and have responded to many calls with this guy. I am not going to defend his actions in any way. Unprofessional, uncalled for, perverted and completely unsupported by protocol. He needs to spend a very long time in prison.
TR says
Atwp, Thanks for proving me right. I’m not your psychologist, but you definitely need one, imo. I’m out
Just a thought says
To FlaglerWannabeFiremen: If cheating on a wife makes someone a poor employee, the world would collapse. I am not condoning anything this despicable person did; in fact just the opposite. life in prison would be too good for him. But being an adulterer, in of itself, should have no bearing on evaluations or promotions. Fortunately this one bad apple was caught and will come out of jail when he is an old man.
Atwp says
Tr you need one not me!
PCFDfugginsuggs says
To FlaglerWannabeFiremen:
What shift are you on for the city of Palm coast? Lol
Melady needs life. End of story
FlaglerWannabeFiremen says
To PCFDfugginsuggs:
Why does it matter if I work for the PCFD? Y’all covered for Melady and are now acting all righteous about condemning what he did. If you were all legit firefighters and overall GOOD people he would’ve been fired years before he did this insane act. Flagler Firefighters covered for him. Flagler firefighters are Rats. At least we have new stations!!!! Don’t call yourself a fire department. Y’all lost that title by covering for Melady and the others that have done some disgusting stuff over the last 8-10 years.
Joe D says
Wow…if a vaginal DIGITAL EXAM was so “Medically Necessary,” then why isn’t that part of the ASSESSMENT he logged into his transportation medical notes?!? And why would he need to take PERSONAL photos/video of the process?
As a male RN who got his BS in Nursing in a class where there were 7 males in a class of 257 students, I was CONSTANTLY aware of not being in compromising situations with patients (FEMALE OR MALE)….and to make thorough documentation of all observations, patient conditions/ behaviors , assessments completed, and treatments conducted.
Determining “level of consciousness” in an unresponsive patient involves breathing and heart rate, do they respond to voice commands?, do they respond to GENTLE shaking of their arm or shoulder?, checking for dilated or constricted pupils, and as a last resort pain assessment with what is referred to as a STERNAL RUB.
Good Luck with the defense finding a EXPERT MEDICAL Witness that will testify that a vaginal assessment with the defendant’s fingers was medically appropriate. The only exceptions might be with an advanced pregnancy patient who might be in active labor, SEVERE vaginal bleeding, or severe lower extremity trauma…NONE of these exceptions have been described as present in this medical transport…and to my KNOWLEDGE…those conditions were not documented in this medical situation.
I do believe that EVERYONE has the right to be considered INNOCENT, until proven GUILTY, but if these circumstances are found to be true, the defendant needs to lose his certification and spend some time in jail for sexual assault
TR says
Atwp, I’m not the one who is a raciest. You even admitted it in the past. Get help.
IusedtoworkforPCFD says
To FlaglerWannaBeFireman
What about PCFD battalion who beat his wife? Or the firefighters who stole an old demented ladies home and sent her to another country? Or the BC who was banging employees in the med supply closet? Or the drug addict who was sent home while withdrawing in the station? Or the fact that they had a guy who was in mental distress that they fired instead of helping and ultimately committed suicide? Did I mention the sexist woman beating battalion? When I worked there, everyone in admin always tried to f*ck me!
Melady should get life in prison, and you… just need a life period.
#glasshouses