Michael Breckwoldt, the 20-year veteran of the Flagler County Sheriff’s Office who was in charge of the agency’s narcotics unit until last May, was demoted from sergeant to corporal and placed on last-chance probation for a year and a half as a result of an incident at Finn’s Beachside Pub in Flagler Beach, where Breckwoldt’s drinking led to “offensive behavior,” in violation of agency policy, and where he behaved in an unbecoming way toward patrons.
The findings were the result of an internal investigation Sheriff Rick Staly ordered after initial reports that the Flagler Beach Police Department was investigating Breckwoldt on a patron’s allegation of battery and abuse of power. Flagler Beach police concluded that while Breckwoldt had behaved poorly, he had not broken laws or acted criminally. No charges were filed. That investigation done, the internal affairs investigation began.
Breckwoldt also saw his pay reduced by an annual $5,792 (his salary after the demotion is $86,951) and lost the privilege of taking his agency-issued patrol car home for six months. He attended a month-long treatment program and passed a fitness-to-duty evaluation. He is no longer in charge of the narcotics unit. He will serve as a detective in the Major Case Unit.
The attenuated discipline is a reflection of Breckwoldt’s record with the agency, including 30 award commendations over his career and a rating of “excellent” on his most recent employee performance evaluation. The penalty is similar to that served on Rob Myers exactly a year ago, after Myers was found to have been drinking, driving, passing extremely close to a deputy who was on an unrelated roadside traffic stop, and subsequently treating that deputy demeaningly. Myers was demoted from corporal to deputy and placed on 18 months’ probation.
The investigation is brief, relying mostly on Finn’s surveillance video (without sound), Flagler Beach Police Department extensive investigative reports and recorded interviews Flagler Beach police detective Rosanna Vinci conducted with patrons involved in the incident and Finn staffers. Breckwoldt had declined, through his attorney, to be interviewed for the Flagler Beach investigation. His attorney invoked a right usually afforded public employees not to answer questions during their own internal investigation. The right does not apply to outside investigations. But Vinci did not press the issue.
Breckwoldt did take part in a recorded interview for the sheriff’s internal affairs investigation, which was conducted by Cmdr. Gerald Ditolla. he attributed his behavior to stress resulting from a “controlled buy” earlier that afternoon–when detectives execute a controlled operation with an informant who buys drugs from a dealer–and said he knew he’d been drinking, but did not remember “what, how much or any details pertaining to drinking.” (A receipt shows he had four Jameson whiskey shots and two Michelob beers, and was aware enough to leave a 20 percent tip when he checked out at 1:10 a.m. the morning of May 26).
Ditolla reported that Breckwoldt “vaguely remembers a couple things about the evening but said he was ‘pretty out of it’ so he cannot tell me any details about the evening because he cannot recall them.” Breckwoldt told the investigator he was not making any excuses for the evening. He only recalled that he’d met his family at J.T.’s Seafood Shack in the Hammock earlier, and his family had remarked that he looked fatigued. He then left his family to go to Finn’s. Ditolla reported there was no evidence Breckwoldt was impaired when he drove to Finn’s.
“Sgt. Breckwoldt is apologetic and is not making excuses or hiding from it,” Ditolla reported in the internal investigation. “He indicated he did have a drinking problem and was able to manage it and keep it hidden throughout the years. Sgt. Breckwoldt told me he had an issue with drinking and was not able to deal with it himself, and used alcohol to deal with stresses of his job.”
Innumerable studies underscore the link between law enforcement stress, post traumatic stress disorder and a higher incidence of drinking. “One of the important occupational hazards of police work is frequent exposure to traumatic incidents and the resulting risk of developing symptoms of posttraumatic stress disorder (PTSD),” one such study published by the National Institutes of Health states. “A strong body of empirical evidence demonstrates that rates of alcohol use disorders are significantly higher in individuals with PTSD, compared with trauma-exposed individuals without PTSD, and non-exposed community samples, raising concerns about PTSD-related alcohol co-morbidity in police officers.”
The problem has long been recognized, but so has the presumption that law enforcement officers dealing with those difficulties are responsible for ensuring that their interactions with the public are insulated from their consequences.
By the time the internal affairs interview was conducted, on Aug. 1, Breckwoldt had been through an in-patient Shatterproof treatment program for first responders and had not had a drink since the night at Finn’s. Breckwoldt told Ditolla he was taking the incident seriously and accepting consequences. He’d written an email to the sheriff on May 26, apologizing for his actions.
Flagler County Sheriff’s personnel are not barred from drinking off duty, or even from getting somewhat drunk. But the agency’s policy states that employees “shall refrain from consuming intoxicating beverages to the extent that results in offensive behavior, which discredits the agency, or renders the personnel unfit to report for their next regular tour of duty.” Breckwoldt violated that policy, the investigation found, as he did that on “unbecoming conduct.” He had also taken his agency-issued vehicle to Finn’s, and presumably would have driven it after drinking there, had he not had a “courtesy ride” home provided by law enforcement.
The incident at Finn’s centered on interactions and confrontations with Lance Redding, a patron at the bar who told authorities Breckwoldt had bumped into him and demanded that Redding buy him a Jameson drink–and that he would do so, if Redding knew who Breckwoldt was. Redding, who is Black, had long ago had some run-ins with local law enforcement on minor matters. One of the staffers at Finn’s, Austin Chewning, was previously a local law enforcement officer who’d had interactions with him, and who’d spoken with Breckwoldt that evening. It’s not known what Chewning and Breckwoldt spoke about. But Breckwoldt’s interactions with Redding started after that.
The Flagler Beach investigation, based on surveillance video, found no evidence of an aggressive bump, only some touching by Breckwoldt that was more along the lines of seeking Redding’s attention. The investigation also concluded that there’d been no abuse of power. But another patron, a woman, who witnessed the interactions, also complained that Breckwoldt had behaved inappropriately toward her, touching her repeatedly even after she told him to stop.
Of the patrons at Finn’s, Ditolla reached only Redding by phone. “Redding said he felt it was wrong, but does not want to pursue criminal charges because
everyone makes mistakes and had nothing else to share,” Ditolla reported.
“It is my responsibility to protect the public’s trust in our agency,” Sheriff Rick Staly was quoted as saying when the agency released the internal affairs investigation late the afternoon of Aug. 29, when the county’s attention was focused on Hurricane Idalia preparations. “I was extremely disappointed to learn of Breckwoldt’s behavior while off-duty that tarnished the image of our hard-working men and women of the Sheriff’s Office and the public image of our agency. But I also recognize that alcohol abuse occurs in the law enforcement profession caused by the many stresses of the profession and the human violence law enforcement officers often see and deal with on a daily basis. Sometimes, employees make the wrong choices to cope with the stress of law enforcement despite the available resources and resiliency programs made available. I’m glad to see that he is committed to his treatment program and was cooperative and apologetic and we wish him success. However, if any future violation occurs, his employment will be terminated.”
BK says
I hope Mike can continue to get this all straightened out and move on. Many of us have short memories. He’s the one that got control of the situation regarding a mentality, disturbed, armed man without killing him. The story was featured on FlaglerLive. His good qualities outweigh any shortcomings he has. He literally grew up in this town, this is his town. I in no way shape or form, give law enforcement a pass personally or professionally, but trust me these guys put in work on stuff in this town that would make most of us barf or breakdown. So, don’t be too hard on the guy.
Thomas Hutson says
And related Sgt. Breckwoldt Investigation
First let me say that I am a 50-year veteran of Law Enforcement and I have been referred to as a policeman’s policeman. I do not know Sergeant Breckwoldt, but from his bio as given by the Sheriff, including his 30 commendations Sgt. Breckwoldt is a very good officer when working.
That said I am not going to let these B-S investigations go by on both the Flagler Beach Police Department and the Flagler County Sheriff’s IA. I personally have conducted IA investigations for over twenty years, I do have a little knowledge of how they work. Garrity is used for INTERNAL administration of policy and procedural issues when “NO” criminal charges may be filed. In either case Garrity had no place in the Flagler Beach Investigation. In the Flagler Sheriff’s Investigation “IF” Sgt. Breckwoldt was given his Garrity rights, he had no legal right to refuse to participle in the investigation. “IF” he did refuse with or without an Attorney he should have been fired! He has no right to refuse under Garrity.
Start at the top, it does not matter if the victim signs a complaint or not! Sgt. Breckwoldt at some point in time was drunk inside Finn’s Bar and was involved in a disturbance of some type! No problem. Sgt. Breckwoldt left the bar and a short time later was found passed out in his Flagler County vehicle with his county issued firearm, the Flagler Beach Investigator stated. No Charge for DUI the car was parked, Public Intoxication??? The Sergeant could not care for himself, No Charge?? Sergeant Breckwoldt was given a “Courtesy Ride” home by law enforcement. No Problem! Happens all the time.
What is a major problem is the B-S given about “PTSD” and Sergeant Breckwoldt’s drinking problem caused from a “Controlled BUY Operation” as stated by the IA Commander, REALLY!! What “Empirical Evidence” of working a narcotics detail causes drinking problems and traumatic stress, REALLY!!
Sheriff Staley, you have set the standards of “LEADERSHIP”, “Professionalism” and expected “Conduct” within your organization at a very low bar. Sergeant Breckwoldt is not the problem here; it starts with you and ends with you and what you are willing to accept. Two incidents of drinking problems within a year involving supervisors, with identical penalty. If you wanted to give the Sergeant another “LAST” chance based on his past work record, just do it!! Please don’t indulge in B-S.
Nenemalo says
should have been fired and charged like any other members of the public.
Concerned Citizen says
Another slap on the wrist. And coverage from the good ol boys system. No surprise there.
Anywhere else in the work force this type of behavior would get you fired. Yet this man took an oath to act a certain way. That oath holds you to higher standards. And applies at all times. You signed up for the job. Can’t handle the stress? Find something else.
Common Sense says
Without consequences for one’s actions theres acknowledgment of poor behavior or what ever the circumstances are. Some one so smart and dedicated to his job should know better.
Hmmm says
Surprised you’re a 50 year law enforcement veteran and dont know you can be arrested for DUI even if you arent driving.
Locally Matt says
No member of the public would have been fired and charged with non-existent crimes. Your comment makes no sense.
Locally Matt says
I don’t know a single person let go from their job for being belligerently drunk after hours, nor getting into a bar fight where no charges were filed. Your comment that anywhere else in the workforce this would result in termination is incorrect. I’d like to see your evidence otherwise.
Thomas Hutson says
Reply to HMMM
You are correct in your observation regarding a “Possible” charge of DUI even if you are not driving. In this case involving Sergeant Breckwoldt, I believe most Flagler County citizens would agree with you Sergeant Breckwoldt could have been charged. Should Sergeant Breckwoldt have been charged with DUI? From my experience having made too many DUIs to count and from the limited information provided in the articles, the simple answer is NO! not in this case. Why NO?? without explaining in great detail, the simple explanation is PROBABLE CAUSE the arresting officer must be able to articulate to the prosecutor and judge why.
Again, my concern deals with the investigations’ themselves and the stated outcomes from them. Excuses used in justifying the actions, penalty and discipline by the Sheriff for the Sergeant is simply B-S. Justifying a drinking problem caused by “PTSD” working Narcotics assignment and “Stress” caused by “Controlled BUY Operations“ is simply B-S!
The real problem rest with the Sheriff and his Leadership, Professionalism, and The Conduct he is willing to accept. I understand the Sheriff wanting to have the backs of his department, but he should also remember “If you are my friend, then don’t put me in that position”. Two supervisors demoted for drinking problems within a year! The sheriff’s most recent indicator for his deputies to follow is his reaction to a complainant of “RETALIATION” for a deputy being “FLIPPED Off”. Sheriff Staley’s response “his deputy is “AGGRESSIVE” for criminals and traffic violators” Well, Sheriff get your check book out, if your deputies get upset about the actions, language and statements from “First AMENDMENT AUDITORs” wait until they meet up with “Sovereign Citizens” or “Free AMERICANS”. They are making a bundle from “CIVIL RIGHTS” violations in “AGGRESSIVE” departments.
TR says
Only if the keys are in the ignition or if they look like they may have been trying to be put into the ignition and then maybe fell on the floor and the driver couldn’t find them to pick them up because he/she was to drunk. I know this could happen because I know someone this happened to.
Skibum says
This case has resulted in the consequences that I anticipated for the former sergeant. It is interesting to read comments from some saying the punishment was either too lenient or too severe. I don’t think this deputy is a disgrace to law enforcement, but he certainly has some personal issues to contemplate before he decides to drown his next stressor in alcohol to the point of unconsciousness in a bar. I hope he learns not to pass the blame for his abuse of alcohol because that lame excuse is what he surely has heard time and again by drunks and intoxicated drivers he has dealt with in his long career, holding those individuals to account for the same type of unfortunate behavior he exhibited in public. The demotion and very stern warning from the sheriff was appropriate under the circumstances, and it reinforces both to him and others in the sheriff’s office that there are standards of conduct even while off duty that will result in disciplinary action being taken against the employee, unlike most other occupations that have no such policies regarding conduct occurring away from work. As I have told others who worked with and for me during my long law enforcement career, I learned more in my life from the mistakes I made than from doing things right. I wish this individual well and hope he is able to say the same thing is true for himself at the conclusion of his career.
RW says
Everybody deserves a second chance. Mike is a good man, a good deputy, a good father, who made a mistake and is paying for it.
He who is without any sin cast the first stone. Look in the mirror.
bill says
25 years no drinking no smoking don’t go to the bars married 35 years go home after work work on the house go to church raise the family retired with $85,000 plus medical coverage never got in trouble I’m happy