Flagler Beach Police Chief Matt Doughney has requested an internal affairs investigation of the two officers who arrested a man on a trespassing charge simply for holding a sign outside the Funky Pelican restaurant at the pier, and City Manager Dale Martin has ordered that all city employees receive training, “specifically the re-familiarization of the rights of citizens and the responsibilities of serving as a representative of local government,” according to a release the city issued late this morning.
The Flagler County Sheriff’s Office is conducting the internal affairs investigation. Neither the investigation nor the training order extend to Funky Pelican employees, who triggered the arrest. Calls, texts and an email to Ray Barshay, owner of the Funky Pelican since 2011, were not returned before this article initially published. The Funky Pelican is a private business operating in the city-owned property adjacent to the Flagler Beach pier, itself public property.
Jeff Gray is a 55-year-old resident of St. Augustine and a free-speech activist who documents his encounters and occasional confrontations with law enforcement and others as he exercises his speech rights. He does so on a YouTube channel called HonorYourOath Civil Rights Investigations. He was standing on the public sidewalk outside the Funky Pelican mid-morning on March 2, holding a sign that read “God bless homeless vets.” A Funky Pelican employee called police, asking to have him trespassed. (See: “Man Holding ‘God Bless Homeless Vets’ Sign on Public Sidewalk Outside Funky Pelican Arrested on Armed Trespassing Charge.”)
Two Flagler Beach Police Department officers–Emmett Luttrell and Sgt. Austin Yelvington, the supervisor on duty–arrested Gray and took him to the Flagler County jail after he refused to move, saying he had the right to exercise his free speech. In available video evidence, he was at no point on the non-public side of the sidewalk.
The arrest caught public attention and provoked outrage. The State Attorney’s office on Thursday dropped the felony charge of armed trespassing against Gray. The State Attorney’s swift action, along with city officials’ responses and the reactions of some of the city’s commissioners all lend credence to Gray’s contention–and video evidence–that the arrest was wrongful at at one point unnecessarily violent. It also reflects the city’s defensive posture, now that it may face a lawsuit. While the charge has been dropped, “I seriously doubt the legal process is over,” Martin said.
Gray now has the public record of an arrest on a felony charge, and videos disseminated on his behalf have made an issue of the rough way he was handled during his arrest
“The arrest of Mr. Gray was wrong and I as a commissioner apologize for the injustice he was subjected to,” Commissioner Rick Belhumeur said this morning. “All of our police officers should know the law relating to public access areas. Additionally, emotions should never play a part when dealing with the public at large. We as commissioners are required to complete four hours of ethics training every year, maybe we should implement something similar with the police department specific to public access.”
Commissioner Eric Cooley said he was still gathering information “and appreciate the quick response from the City Manager regarding additional training for all employees and to the Police Chief for his action steps taken so far,” he wrote in a text. “When unfortunate circumstances happen, the most important thing a City can do is acknowledge and strive for better. So far, in my opinion the course of action taken by city management reflects that. I understand the rationales behind Mr. Grey’s media. Protecting everyone’s rights is both an educational and moral responsibility and I trust that with everyone’s focus, scenarios like this will never happen again.”
A combination of private and police body cam videos of the incident detail much of it.
“I have a gentleman outside of our restaurant at Funky Pelican, has like a homeless man sign, and I’d just like him trespassed, please,” a Funky Pelican employee is heard in one video tell a law enforcement dispatcher. The dispatcher asks her what Gray was doing. “He is harassing all of our guests and he is standing out front,” the employee tells her. It’s not clear how Gray could have been harassing “all of our guests” from a sidewalk. There is no record of guests complaining to police.
At one point the Funky Pelican’s general manager went outside with a sign of his own, and tells Gray: “I’m a veteran also, and I don’t understand why you’re doing it in front of this business.”
“Because I feel like it. Because I served in the military, I swore an oath to uphold and defend the constitution, and I have a right to do it right in front of this business or anywhere on this public sidewalk,” Gray tells him. Gray describes the general manager’s sign as saying something to the effect that people shouldn’t give Gray money, though Gray wasn’t soliciting.
When officer Luttrell arrives, his body cam footage shows Gray standing on the sidewalk, close to the curb, in front of the Funky Pelican. He declines to provide his identification (as he is entitled to), and asks the cop whether he sees him harassing anybody, as was claimed.
Inside, employees tell the officer that Gray has been writing on the restaurant’s outside chalkboard (the restaurant invites people to do just that) and explain that they’d asked Gray to just move down the sidewalks a short distance. They insist on having him trespassed if he keeps standing on the sidewalk. The officer says he can trespass him from the Funky Pelican itself, but notes, correctly: “What he’s doing is technically, there’s no, he’s not breaking any laws,” but he would try to get him to move down.
At that point nothing improper has happened. Luttrell has gone by the book, aware that the most he can do is ask, but not require Gray to move down: The officer knew at that point, as did the employees, that there was no legal reason to ask Gray to move.
The officer tells Gray that he would trespass him from the Funky Pelican (though even that is legally questionable since Gray was never in the Funky Pelican: it would amount to an arbitrary trespassing), and asked him to move down. Again, Gray declines, at that point providing his first name. “I just prefer to stand here.”
Yelvington, the supervising sergeant, arrives, and tells him the police can trespass him from the pier.
“You cannot trespass me from a public sidewalk,” Gray tells Yelvington, saying he’d have to be taken to jail otherwise, though he’d prefer not to be. Yelvington again tells him he can trespass him, after asking him to leave. Gray declines, and Yelvington handcuffs him. “All you had to do was move one way or the other, 50 feet, 25 feet,” the other officer tells him–again, without providing a reason, the sidewalk being the same in front of the restaurant’s door, along its chalkboard, or elsewhere on the boardwalk.
“Arresting a man for freedom of speech on public property,” Gray says as an officer adjusts his handcuffs.
“Yup. Yup,” Yelvington says. “Let me guess. You’re going to sue me, take me to court, have me arrested, have me fired, the whole nine yards, ain’t you. You do realize we do this every day, This ain’t our first [inaudible], right?”
“All you had to do was respect my civil rights. All you had to do was respect my civil rights,” Gray says, as he is being moved into the patrol car’s back seat. “Have a seat,” the officer tells him. When he sits down, facing out, he tells them he can’t fit in (Gray is a large man: the jail’s record has him at 6’1, 200 pounds). Yelvington tells him he’s going to have to, and shoves him with one hand on Gray’s left shoulder and another forcefully cramming his head in: there is no effort to ease Gray into the car, though his size is not an affectation. Gray described it as “excessive force” that left him bruised.
Gray was more complimentary of the sheriff’s jail staff, describing them as “cool” and “nice,” though he described the “embarrassment and degradation of being stripped down,” and being naked in front of others.
Gray was legally carrying a firearm, which is why his trespassing charge was raised to a felony. Bodycam footage shows one of the officers taking the magazine out of the weapon and unchamber its bullet, all within a few feet of heavy traffic, with the weapon at times pointing in A1A’s direction. It’s also not clear why a large portion of the bodycam footage is muted.
Gray has been criticized for provoking confrontations, but his actions are no different than the systematic tests that–for example–Florida’s First Amendment Foundation sponsored once a year around Florida, when reporters and volunteers would swarm into public agencies to test their adherence to open-record laws. “I’ve been arrested on a public sidewalk multiple times,” Gray tells James Madison Audits, a YouTuber who does similar work and has accompanied Gray on previous, similar occasions. But it was the first time he was arrested on a felony.
Correction: A previous version of this article incorrectly identified Sgt. Yelvington by a different first name, which referred to a different Yelvington who was also in local law enforcement. Austin Yelvington has been with the Flagler Beach Police Department for more than a dozen years.
Skibum says
With the Flagler Beach PD sergeant on scene and supervising the incident and subsequent arrest, it is remarkable that he is the primary officer initiating the wrongful arrest. For that supervisor to be using such terrible common sense and judgement regarding what is a constitutionally protected activity on public property and what is an actual crime, he has no business being in a supervisory position and giving direction to other police officers. Even rookie officers should have learned in the academy what a trespass is, and what it is NOT! I believe the city is correct in saying this will result in a lawsuit that will cost the citizens of Flagler Beach some significant money when the person who was falsely arrested prevails in court. The next step for the PD would be to demote the dumbass supervisor who escalated the situation because he doesn’t know what in the hell he is doing. This is the kind of incident, recorded on video and playing on news media far and wide, that makes everyone in law enforcement look like idiots, even when it is a minority of police officers doing dumb shit that other officers cannot always control or correct. The experienced supervisors are the ones who are supposed to be smart enough to fix stupid, NOT create it!
Ex-employee says
That funky pelican manager seems like a drama queen who needs to learn civilians rights. Military vet right?
#MeToo says
Why doesn’t staff have the “re-familiarization of the rights of citizens annually”?
Alan says
Yelvington needs to be disaplined.
Grey is not guilty of any infraction!
He did not disturb and patrons or cause any detriment to the business
He has a right to stand on public property and a right to free speech.
I would highly suggest that sensitivity training be provided to all first responders.
The fact that this patron was arrested and physically push inside the squad car is unacceptabke.
I served 20 years as a front line government employee and understand that things can sometimes escalate in the heat of the moment.
However., That is why training is crucial.
He also has a right to open carry under Florida law.
paul faulkner says
the cops who did this should be fired.
Billy B says
More of our taxpayer dollars down the drain because of clueless police. If he sues Flagler County they should take the money out of the cops paycheck !!!!
Dallas Stewart says
I’d be interested in whether Mr Gray is out the $2500 bail that was posted for his release? Does the cash bail get returned to him since the charges were determined to be illegal and were dropped? Or does the court jurisdiction retain the funds even after these illegal charges are dropped? Also< would you follow-up with the Police Chief for an interview to discuss all of this situation, asking whether he personally has a problem with how this arrest situation was handled by his officers? Did the Chief apologize to Mr Gray? If no, why not? There is no quote in this article – which was very well written, by the way – from any city Employee (either the Police Chief or the City Manager). I would request a quote from each and if they refuse, publish that fact.
Jason says
Gray should definitely sue but I hope he can sue the employees of the restaurant for making a false report that ultimately lead to his arrest. Those employees deserve to also be held accountable for the actions they performed that kicked this entire incident off.
Matt says
I’m very impressed by the author of this article. I found it very accurate to the facts and knowledgeable of pertinent laws. I’m just surprised because most news agencies’ stories dealing with the first amendment have no idea what they are talking about even though they are in an industry that relies on the first amendment to do the job of reporting the news.
Susan says
Funky Pelican does not care about Vets –How shameful- I will not be going there
Susan says
Flagler County cops are tyrants- Dangerous and shameful
Anonymous says
Wait. So you can’t trespass someone from the Flagler beach boardwalk or sidewalk? Do you know how many people from Flagler beach have been trespassed by Flagler beach police from the boardwalk and sidewalk. For years it has been happening and not just from these 2. Can someone fill the rest of us in on the law also? Hate for this to continue.
Gary Nevins says
Why hasn’t Yelvington been suspended? His arrogance and ignorance was disgraceful. This man has no business in law enforcement.
Take action says
Why is no one looking at the chief of Police? Doesn’t the buck stop with the Chief…The one who sets the tone and training of the department? The same chief who hired a cop who handcuffed a child and brought that child to jail. Seems to me that every person who believes in free speech should decend on Flagler County so that our rights can be defended from a bunch of arrest happy LEOs.
Michael says
The officer that assaulted Mr Gray would be fired, charged felony assault let a jury decided his fate.
Everyone needs training says
The general manager was not there during the incident. The footage Mr. Gray posted is edited and from 2 different days years apart. Nice how a vet is attempting to make another vet who was not even there at the time of this instance look like a bad guy. Get your facts straight!
FB Is For Lovers says
As a tax paying resident of Flagler Beach, Yelvington at the bare minimum needs to be fired for the absolutely immense waste of money his actions will likely cost residents. As if we don’t have enough to pay for over here lately. The pompous attitude that officer displayed in the video I watched was ridiculous and embarrassing. The entire PD should be retrained to ensure understanding and maybe figure out why these officers were ok with being rough on someone who was NOT resisting.
I support cops. I respect cops. I do not support or respect cops who abuse their positions. One bad apple poisons the bunch.
Steve says
Due to Qualified Immunity the City of Flagler Beach will be liable. IMO. Spare yourselves the embarrassment write the check for 500 Grand and train your LEO’s to protect Civil Rights not infringe upon them. Couldn’t happen to a better place. LOL
PS More to come.
The Villa Beach Walker says
Jeff Gray’s visit to the boardwalk in front of the Funky Pelican seems to be an effort to educate our community about individual civil rights. Everyone in the community should applaud and support that. After having watched his ‘Honor Your Oath’ YouTube channel I don’t believe his intent is to seek monetary compensation. Folks from the Funky Pelican seem to have overreacted. But they were not mean or threatening. The responding Flagler Beach officers tried to de-escalate the matter. But they seem to have made a mistake in not fully investigating the caller’s claims and not realizing that Gray was on public property. Everyone learned from this event. No one should lose their job. Flagler Beach should be a better place thanks to Jeff Gray.
Skibum says
Jason, you cannot legally require owners of businesses or their employees to legally know what the law is in most situations other than when the law specifically pertains to buying or serving alcohol or tobacco products in stores, etc.. Sometimes it is murky and open to interpretation, and that is what lawyers are for, and why they should call for the police to respond and handle problems, which they did. But this was not a murky situation, and the police officer who initially responded and gave the Funky Pelican manager the correct response about not being able to arrest someone who was exercising their rights while standing on public property should have been the end of it… until the officer’s supervisor showed up and turned a simple situation and response into a clusterf&#%.
JimboXYZ says
Catfished by a YouTuber ?
Anonymous responder says
Hey “Anonymous”
You can’t trespass someone off of public property for a constitutionally protected activity (freedom of expression, freedom of assembly, freedom of speech).
He wasn’t loitering. He was enforcing his rights under the US Constitution.
Why some people have become boot lickers to tyranny, I’ll never understand.
We should be saluting Jeff Grey for standing up for every Americans rights, NOT arresting him, putting him in torture cuffs and embarrassing him.
Get educated, get a clue and get a grip.
ScottH says
If FBPD upgraded a misdemeanour Trespass to a felony because Mr Gray had a legally carried pistol, then surely the same will apply if/when the officers are charged for the obvious crimes they committed – the illegal arrest (kidnapping), the excessive force (assault & battery). Not to mention the various USC 241/242 violations…
Michael says
No shortage of folks wanting to tell other folks what to do and obey orders. Good to see some lessons will be learned from the incident. Not good that our Flagler Beach Police department is going to cost the taxpayer’s money in a law suit and make our city look bad on YouTube.
Dave Jone says
I feel the Chief of Police is ultimately at fault. The same incident happened in New Symerna Beach to Officer Beatty and Gault and they were suspended for 21 days each, and they didn’t take Jeff to jail. A competent supervisor immediately corrected the officer’s actions. NSB is not some far off land and Flagler Beach Police Chief should have trained all his Officer’s. The NSB video is on line with the IA interviews and discipline hearing. Is it arrogance or apathy that you simply couldn’t pass along lessons learned from NSB.
Ron T says
If Mr. Gray’s arrest caused two tyrant police officers to be forever off the streets, then perhaps it was worth his efforts. Imagine how they’d treat someone who doesn’t know their rights.
Hopefully Mr. Gray is well compensated for his service and it should be paid out of the two officer’s bank accounts, and if not, from the police pension funds.
I commend the good police officers who respect citizen’s rights – their jobs aren’t easy. But there are two many who are tyrants and bullies and on power trips who get their jollies from mistreatment of citizens.
Michael J Cocchiola says
I’m not in favor of carrying guns in public, but I’m far more concerned with law enforcement overreach. The man was well within his “god-given” 1st and 2nd Amendment rights and should have been left alone.
Coped Out says
If THEY were “Catfished” what have FBPD and like minded departments been doing to the average citizen and there rights on a daily basis???
albert boulanger says
there advertisement supports veterans . never going to eat there because of this incident. unless they publicly apologize.
JAFO says
Wow! Yelvington a supervisor. First off I do not know how you get hired as a Police Officer when prior to getting hired a well know issue.. Yelvington had a prescription drug problem. And I’ve also heard that the Police Department hired someone who locked their own child in a Jail cell to prove a point. Wow Flagler Beach really hires the best! NOT. Oh and what about sergeant David Arcieri whose father got him the supervisory position because he and Matt Doughney were good friends. I think that the Police Department should take a close look at their employees! Oh and I sat in on Sgt. David Arcieri appointment for supervisor. He got what Matt promised his father whom by the way had been fired from several agencies…SMH
Allan says
This article made its way to the New York Times. This should get really interesting.
J Ruff says
Unbelievable that officers are still that stupid, internet has been around long enough for I would say anyone to be informed of our rights, lawsuit most definitely this time and substantial amount might help them get the message, Jeff is an amazing man with his activism, leading officer should be demoted or fired for his actions
Robjr says
The police are going to investigate the police. (law enforcement)
Want to guess the outcome???
Also the officer(s) will hide behind qualified immunity.
RonJon says
Kudos to the author / journalist who wrote the story. The facts in the story actually correspond with the facts in the video / audio evidence. It’s a shame that it’s become rare for a reporter to report facts vs pushing some kind of narrative or agenda.
Leandra C. says
Very impressed with this Non-Biased article; such a rare and precious thing in the year 2025. Thank you.
Very sorry Mr Gray had to go through this violation and abuse.
IMO, bot the officer and Sgt both need to be fired, as the first officer’s comments proved he knew what the Sgt. was doing was a rights violation, yet did nothing to stop him. I know he will claim he had to follow his Sgt’s orders, and he feared losing his job, but to me, his actions show an utter lack of morality and a willingness to break the law that should not be allowed for police officers. To help prevent this in the future, this city, and the entire state, need to look at Colorado. That state has implemented statutes so LEOs who stand by and don’t stop their co-workers mis-deeds can also be held criminally responsible. That’s the only way to prevent the ‘good cops’ from standing there and doing nothing, or just obeying illegal orders from their supervisors.
Russ says
I have been a patron of Mr. Gray’s YT channel for over a year. He is an expert on what he is doing and knows what NOT to do. The Funky Pelican staff that reported him harassing customers was an absolute lie. Mr. Gray also knows not to ask for donations…….which he never does. If there could be proof that there was a false police report on the staff at the restaurant, then I hope it is pursued aggressively. All of this was perpetrated by the restaurant. So the city of Flagler Beach can look to them as the fault of costing them a LOT of money via a law suit. I just thank people like Mr. Jeff Gray for keeping our rights front and center in these with Barney Fife Chiefs and Officers. I also give credit to the City Council members who are hitting the correct tone after such a debacle.
James Robinson says
The coward sargent should be banned from law enforcement. You cant fix his kind of stupid,
John says
If these two POS cops are not fired it’s a travesty. Jeff gave these two dumb dumbs every opportunity to not be arrest him but their egos kicked in and violated his rights- this town should be sued. If I cost my job/city thousands of thousands dollars because I was too stupid to learn the law(his job) I would be canned.
Bob Marlowe says
Jeff typically sues for $1,776 and then donates it to a charity that helps homeless vets.
Tim says
I hope that everyone that has treaspassed like Jeff files suit.
I hope both officers get fired. One for what he did and the other for not standing up to his boss and tell him that he is wrong. The city officials who allowed other treaspass on the pier in the past need to go. The lease for the ugly pelican should be terminated or at least not renewed. I know Jeff normally does not accept money in lawsuits but I feel this time he needs to prove a point in Florida . All cities need to take note.
Paul grofton says
The officers should be fired for their comment, “we do this all the time.” They are on camera admitting to violating people’s rights. But of course they will give we investigated ourselves and found we did nothing. Maybe a policy violation, but never a costitutional law violation. And then a 2 hour training that they will ignore. The only way it will change is if the people violating citizens writes faces real consequences.
hjc says
If anyone would shove a persons into the back of a car then slam the door on them. Would they then be arrested for assault and battery and jailed? This guy did this like he does it all the time
Gregeney says
Yelvington’s qualified immunity will not shield him here. It’s a shame the first officer on the scene is caught up in this. He was doing just fine until his supervisor (Yelvington) showed up. Thank you Mr. Gray for absorbing this kind of punishment so that other’s might can exercise their rights without tyranny.
Bobby Crawford says
The “Supervisor” made it clear he had trespassed other people from the public sidewalk and pier there next to the Funky Pelican. There is no need to retrain someone who treated Jeff Gray, or anyone else, with the rough shoving him unexpectedly into the back of the cruiser. His neck was placed into a position that could have caused serious injury. There should be a minimum of 30 days off without pay. I would hate to see a veteran cop lose his job, but some people have the wrong temperament to wield a badge and a gun. I reiterate he has trespassed other people from the boardwalk.
Mark says
The officer that did the violent excessive force and physical abuse MUST be arrested. We MUST take violence by our officers serious. He has proven he’s a danger to the citizens of Flagler and MUST be fired and arrested for this crime. There are no excuses for this type of behavior by a sworn officer or anyone else.
SGT Pennlcoat says
If the Chief doesn’t fire these two thugs, then it tells the world he’s just as criminal as they are. Maybe this entire department needs to be thoroughly investigated.
I can make that happen
Protonbeam says
You have to ask why the heck the chief has been doing – this is more than a “whoops” moment – poor leadership, poor accountability, poor training, poor hiring and evaluations –
Ty says
Will the “investigation find the many others who have been falsely arrested?????
Yelvington says. “Let me guess. You’re going to sue me, take me to court, have me arrested, have me fired, the whole nine yards, ain’t you. You do realize we do this every day, This ain’t our first [inaudible], right?”
The data is there to find the many others within Flagler Beach Police Department’s police incident report database. Will they investigate beyond the officers involved? Or should We the People do an investigation?
Rick Anthony says
Why is it that when incidents like this happen, the only recourse or action taken against cops like this is *RE-TRAINING* … ??
Shouldn’t they *ALREADY KNOW THIS WAS LEGAL* … ?
Rick Anthony says
I am willing to bet this cop (Sgt Yelvington) went ahead with the arrest *SOLELY* based on the fact HIS EGO WAS HURT for being called a ”dumb-dumb” … by Jeff. Guaranteed.
Chad Conn says
The best part is when Mr. Gray asks the office if her knows he is violating his civil rights, and the officer says “Yes” ! Freely admitting to knowingly violating civil rights. Should make stripping qualified immunity very easy in this case.
Jeff says
The Flagler Police Department has been hiring scumbags who have been terminated from other departments for years. There needs to be an internal investigation into the City’s hiring practices along with the City Police Chief. The city hired officer Michael Schoenbrod who had been fired from the Daytona Police Department for locking his 3 year old son in a jail cell for accidentally soiling himself when he was potty training him. Yes, that is the kind of scum the city places to serve our community. Yes, the Chief knew along with the city prior to his hire. Someone who bullies there own kid shouldn’t be enforcing the law. The Chief can’t be trusted to hire or fire anyone.
https://www.news-journalonline.com/story/news/local/2024/08/14/florida-cop-who-jailed-potty-training-son-hired-in-flagler-beach/74778525007/
brando priest says
IMHO the ultimate responsibility for the Sgts actions are the Chiefs. if he cant train his staff to understand basic laws he should turn in his badge.
JimboXYZ says
Should there have been a permit applied for ? I mean it was for the YouTube Channel ? That gets monetized in some way shape or form ? And then there’s always anyone that joins him as impeding the public walkway for public safety or just freely going to & from/thru the pier location ? But this was a single individual event ?
There really is no win for someone that shows up and obviously “has a message to spread” that turns into a high drama situation that is unnecessary for anyone that was there that day. If the relative victim in the video states that he heard of homeless vets being trespassed, he obviously had constructive knowledge of that and was trying to make a point as he was being trespassed. Why can’t people just function in society without making a YouTube channel out of something like this. He may have a message for his signage, anyone deserve to have a +/-55 year old man approach them as they come out of a restaurant & have to deal with that for just eating their meal there ? Should anyone have to figure out a way to get around an overweight middle age dude that impedes the public sidewalk ? This is a special event even if he isn’t filming for a YouTube channel. Count how many other citizens were out there standing around in front of the main entrance with their own personal message of a crusade ? The assumptions made in this were all over the place. So if Gray was trespassing, the police can detain Gray to determine he had no permit. Go sit at the picnic tables and spread the word there ? I tend to agree with the police officers on this. Otherwise, we’ll have every individual just creating unnecessary drama. Kinda funny when they tried to close the door of the patrol car and he started to act like the same annoying protesters back in 2020. Personally, I wouldn’t care, right up until the point it violates anyone else’s rights to use a public sidewalk devoid of drama to have to deal with an annoying message spreader ? Maybe anyone doesn’t want to be approached with the message, dealing with that individual for any interaction period. Turns out he was more about the publicity stunt of it all. Ever notice that nobody gets harassed by police when they simply act like a normal person with no agenda ?
https://www.cityofflaglerbeach.com/DocumentCenter/View/3278/Special-Event-Application?bidId=
Mick Kantrell says
Sgt. Yelvington is an experienced officer with many years on the job, empowered to carry a weapon and use force in the execution of his duties. And yet he appears to have little to no understanding of some of the most basic but critically important aspects of the law. In addition, he appears to lack emotional control, patience, and a commitment to ethics (as evidenced by the muting of his bodycam and subverting precisely the means with which to hold Police accountable for their actions).
In most industries, a serious error in judgement that puts the employer into disrepute is typically punishable with termination of employment. Especially when that is the result of ignorance of fundamental processes and procedures they aught to know by heart. And ESPECIALLY when those errors are accompanied by immaturity, disrespect for the public, and dishonesty.
If Flagler Beach is serious about maintaining public trust in its officials, Sgt Yelvington should be fired immediately. With luck, his termination will inspire his fellow officers to achieve and maintain a higher standard of professionalism and respect for the public. Anything less will serve as an indication that public officials are held to less of a standard than the general public, despite the powers and responsibilities they possess. If Sgt. Yelvington is not made an example of, why on earth should citizens trust that their police force will take meaningful action when serious errors are made?
Jay Tomm says
All Funky Pelican’s fault. The cops are just doing a job. You can’t expect them to know every aspect of law. Certainly not when it comes to those gray areas in public settings of public use land, free speech rights etc. The FACT is they were called by the Funky Pelican to remove someone that refused to leave their premise. Or what they thought was theirs. The cops show up, guy refuses to leave they do what they are trained to do & arrest on trespass charge. This guy purposely does this thing to get attention & $. That $ comes out of tax payer dollars to you know. No matter how it may be “donated” after the fact.
The cops will now get additional training.
Funny how Funky Pelican doesn’t seem to care about they rif raff that walks the pier area & smokes weed every Saturday night….
TYRONE SHOELACES says
I am way up here in Canada. I have been following Jeff Gray’s channel since its inception. Jeff videos are very entertaining to watch simply because of his professionalism. I knows not to escalate, he knows what not to say, when to speak and when to remain silent. He never boasts about himself, he never uses his influencer status to taunt an officer once they have made a mistake, he just …AUDITS …that is all.
This interaction was about the worst, mentally, for Jeff because of the possible felony charges. Jeff has never been charged with a felony in any of his many, many video uploads. I don’t usually feel the impulse to contact the ” wrong doers” in Jeff’s videos, but this one made my fingers sore from typing. Every single platform, email, phone number and address I have personally utilized to show my utter distain for the actions of these policemen.
Now that I have “vented” allow me to explain why I’m typing here. I am so impressed that the reporter of this article did not “soften” the actions of the Funky Pelican, but instead, told the truth, the whole truth.
The fact that the 911 call was “padded” to affix a more urgent call for service from the police was disgusting. Jeff was not harassing ALL the customers, not even one customer expressed displeasure in Jeff’s actions or presence. I’m very pleased that this action on the servers part when she called 911 was not concealed.
To anybody reading this that does not know who or what Jeff does, take a peek at his channel, you might find it interesting, because Jeff Gray has NEVER lost a single case where he was arrested. He is what the young people call, the “GOAT” of his activism. . . Greatest Of All Time.
E says
Fire A. Yelvington. I would be shocked if the city hasn’t been sued because of his actions prior to this.
JF says
Wait just one damn minute. Chief Doughney is like best friends with FCSO as well as Volusia county. Why have the internal done in the same county. It would make much more sense to have Saint John’s come in and do it. If not we all know what will happen. Yelvington is making $80+ a year. Demote him… lol nah he’ll still be making a substantial amount of money. This comment may or may not be publishes as all of the comments Ts have stopped. Flaglerlive com. You want money every year to financ your organization so please do your due diligence. There is corruption! Can you find it? If not that says a lot about your investigative articulation. I’m me and done right?
Concerned Citizen says
You know what I find laughable?
That the IA portion of this is being run by FCSO. That means there will be no accountability. This needs to be run at minimum by FDLE and the State Attorney Office.And if Civil Rights were violated then let the Feds handle it. Don’t let it get swept under the rug by the good ol boy system.
I hope Flagler Live follows up on this portion of the case.
Concerned Citizen says
Not just by FCSO. If FCSO does it. it will be swept under the rug
One in the chamber says
For all you boot lickers, back the blue till it happens to you! The fact that anyone at all would back these tyrannical blue line gang members is atrocious to say the least!
The one idiot on here deepthroating the boots of the local PD or SO is just crazy! Jeff needs to forego his usual $1776 fees unless he gets an apology in writing from everyone involved including that horrible flatulent pelican place!
IMHO, the only way this ends is if we the people start defending ourselves and each other from these tyrants! Be it 2A or another way! For too long they have ruled over the people they are supposed to be working for and they need to be reminded that they are there to protect and serve and that they work for us!
Heads should definitely be rolling on this one! Good luck to the taxpayers of this area because if Jeff does sue, the taxpayers are on the hook for one heck of a bill!
Bob says
The most upsetting part of the video was when Mr Grey stated he could not get into the car based upon his size and the way they sat him on the seat, and then the Sgt proceeded to push his chest, causing his neck to be bent in a very painful manner. As a 74 yr old man with a bad neck, I can’t believe the lack of respect for the public this Sgt has. He should be fired immediately, he’s a threat to the public and loves the power to push the public around.
HarambeDiedForU says
JimboXYZ, if you need a permit to speak your mind, society has failed. If waving to people and saying god bless our homeless veterans gets you arrested and stuffed in the back of a squad car, all hope is lost.
Ghoul says
To those who think Mr. Grey will file a small lawsuit, like some of the $1776 he has done in the past, this will not happen here. He files those small lawsuits where he is just trespassed off of public property without an arrest. He filed, and won, a $50,000 lawsuit for just being arrested unlawfully. This will be a 6 figure settlement, for the unlawful arrest, the assault, the strip search for felony charges, and the pure stupidity of Sgt. Yelvington. What a punk. He should be charged with felony assault, while possessing a firearm. Let his union bail him out of jail and fight the charges.
JimboXYZ says
FBPD at worst (from casual observation) is more of speed limit enforcement on A1A. That’s about the only time I ever observe the species of Law Enforcement types in the wild in Flagler Beach. They’re harmless as long as one isn’t speeding, impaired driving or some other financial responsibility violation for insurance & registration. The catfish YTer, who would drive down from St Augustine for YT channel content under the guise of spreading a simple message, unless their goal was a “gotcha” bait of a relative protest. 99.999999999% of the rest of us are just in for rest & relaxation to the beach area of Flagler County. Nobody really looking for added drama for beach life getaways from reality as the planet Earth revolves. That’s not to say that FBPD hasn’t had to respond to their share of domestic disturbance calls for those that can’t be neighborly at their AirBnB rentals or the trailer dwellers of FB ?
Just me, but considering Gray’s motivation(s), with the fact(s) that he is a YTer with a channel that’s sole purpose is to produce content like this, travels a county to stage his message of a protest under the guise of free speech & Constitutional rights. And what’s even more suspect, he was CCWP for this fiasco. Adding to this unnecessary drama. The police asked him politely & cooperatively move his message protest maybe 50 feet. If it were truly about the message, he would move it to the shaded picnic tables instead of directly in front of the restaurants main door entrance. Instead he opted to be stubborn about it. He comes off like a child, short of saying “you can’t tell me where to stand”, when obviously he was steered towards moving from directly in front of the door. If the message was the reason, what difference does it make to deliver that message at the picnic tables to essentially the same foot traffic he was getting at the front door ?
Lonesomedave says
Jeff wants nothing more than the Police to know the law, respect his rights, and allow him to capture them doing both of those things on tape correctly to reassure his viewers that they are in good hands with the Flagler Police Department. I am still amazed that the folks who call in the initial false police reports are never fined or charged when the videos obviously prove that the reports are false.
I appreciate Jeff Gray’s dedication and commitment to testing his 1st Ammendment rights and exposing the public’s and the police’s
inability to understand and respect his rights.
bob says
Jimbo – I’d love to see you pulled over while driving your car and told you’re not allowed to drive on that street, and then you’re cuffed and pushed into the back seat of the cruiser. No crime commited, but you’re arrested, charged, stripped search, and your reputation is hurt because some power hungry cop breaks the law by violating your civil rights.
Jeff didn’t have to move an inch. His message is not just about the vets, it’s about the freedom of speech and keeping law inforcement in check when it comes to violating the rights we all have. I have two law enforcement offiicers in the family, and they agree with what Jeff is doing, they knows cops like the Flager Beach Sgt. and they give the good cops a bad name. He should be fired.
Concerned Citizen says
I hope we get someone to push for outside investigation on the Internal Affairs matter. Please don’t let this just go away. This needs Federal attention for Civil Rights violations.
Jim Herman says
Once they escalated it to a felony, it made the situation entirely different. Felonies have much more dire consequences than simple misdemeanors. The damage has been done. Also not understanding Florida law, the charges were supposedly dropped. However, can the prosecutor refile in order to delay or force Jeff Gray to drop proceedings in a civil trial? (Of course, that would never happen.)
Martin says
Flager Beach PD and Funky Pelican a bad combo for Veterans and freedom lovers.
Mark says
EVERYONE Over reacted including the Protesters at Funky Pelican with their signs that read ” FUCK YOU” in Large letters that were shown all day in front of CHILDREN at the Beach. This was Disgusting and NOT Free Speech, it was Obscene and Unnecessary. Why did the Protesters have to shout Obscenities and show Obscene signs at their Protest in the name of WHAT!!! makes you think the arrest in Question was Warranted if these Protesters acted like he did. There is ALWAYS more to the story, and I witnessed the Obscenity during the day at the Disgraceful Protest that solved NOTHING and proved they are Disrespectful Lowlifes that cared NOTHING about all the People and Children at the Beach that came to have a good time but were Traumatized instead!!! Consider THIS, what if this man and his Belligerent Loudmouth Friends were in front of YOUR House Protesting using Profanity and showing Fuck You signs in front of YOUR Children and you asked them to leave but they told you to FUCK OFF. would you not call the Police? WHO will you call if NOT the Police when it happens to YOU!!! Maybe a Baseball Bat is in order.
Mike says
Imagine Jeff Gray being arrested for exercising his Constitutional rights that our Veterans fought and died protecting. Never heard that one before. The owner of the “Funky Pelican” is a disgrace to other Veterans by trying to have Jeff arrested for no laws being broken. The Flagler Police Department is woefully undertrained and hopefully the restaurant and the police will be held accountable.
Ex resident says
Flagler Beach Police like to overstep their bounds in favor of a complaintant. I learned this 5 years ago while trying to protect my property from a neighbor who was trashing my proprty line. Without getting into details, I was no longer the victim. I moved out of there for better piece of mind. The FBPD doing what they do.
Richard F. Moore says
Anyone who supports the illegal arrest and physical abuse of Jeff Gray is as morally and intellectually deficient as the corrupt cops who violated the Constitution in kowtowing to a private business desire to control public space.
The facts are undeniable: Gray was innocently exercising his rights in a public place when an employee of a business lied on a 911 call to get the police to illegally remove him. The cops knew he was innocent but did not care,as they are accustomed to getting away with rights violations due to most affected persons being unaware or unable to seek justice. Gray is an expert in this area and is fully prepared to shine the light of justice on the scurrying cockroaches with badges who have no respect for his rights or the Constitution. The Sgt. who arrested Gray is an embarrassment to law enforcement and his department.
Expect a settlement for Gray that will cost TAXPAYERS plenty, and unless the cops involved are severely punished they will continue to falsely arrest people. Why should they stop? The TAXPAYERS are the ones who suffer,not the bad cops, and cops are notorious for ignoring the law when they know that they personally will not be punished. The solution? FIRE the Sgt. and implement an intensive training for the other cops so the they know that they too will be fired if they violate the rights of the people. When the police use the Constitution as toilet paper there must be a price,and Flagler Beach is about to find out how much it is for them.
Richard F. Moore says
To: JayTomm..We DO expect cops to know the laws they are arresting people for. The laws concerning this issue are well established, long held to be required knowledge for police. The cops cannot hide behind the mistakes of the staff of a business. If the cops are relying on the restaurant staff to know the boundaries of the public/private areas of the area then no wonder rights are being violated!
If the police do not know,or do not respect, basic Constitutional rights such as freedom of speech in public places then relying on what a complainant says shows how bereft of common sense the cops are. Excusing egregious illegal conduct by police is inexcusable! It does not matter one iota what the staff thought,the cops are supposed to know the laws and facts BEFORE arresting innocent people, period. Face it…the cops are GUILTY of violating Grays rights.
The Sgt. is a bully and an abuser, and deserves to be fired. If not he will keep on abusing rights because he does not care as long as the taxpayers are footing the bill for his abuses.
Bigsly says
Jeff Gray’s YT vids are amazing!
Yelvington is a POS – firing him isn’t enough.
Isn’t it time that militant pukes with guns, protected by QI, are put on notice that they are to PROTECT AND SERVE! Not end up on the 5 o’clock news for being an asshole.
I feel for Mr Gray – he’s actually doing something that, benign as it is, is helpful to a worthy cause.
This case isn’t the _only_ one that Mr Gray has suffered through abuse, ignorance and law enforcement that, obviously, aren’t trained on the law.
Incarceration for Yelvington!!