Jason Wiles, a 43-year-old resident of Oceanshore Boulevard north of Flagler Beach, was arrested on a felony battery charge after he allegedly beat up a 68-year-old man in a dispute over the man’s use of a beach walkover on Tuesday.
The dispute takes place amid a larger context involving residents around the walkover and a seawall several beachside homeowners are building–a seawall Wiles opposes, and against which he has filed an administrative challenge with the Department of Environmental Protection.
In another wrinkle, Wiles is married to Ronni Moore, an assistant county attorney in Flagler County government. That office since 2016 has been at the forefront of the county’s efforts to protect beaches through dune-rebuilding and the securing of easements from homeowners to make large-scale beach-renourishment possible. Moore was not involved in the incident, other than Wiles calling her to let her know it happened.
The seawall–a secant seawall of the type several clusters of homeowners are building or have completed along the same stretch of shore, which has been ravaged by erosion since Hurricane Matthew in 2016–was permitted by the Department of Environmental Protection in Aril. The department issued its conditional permit to Port Orange-based Dredging and Marine Consultant to build the 192-foot seawall on April 24. A DEP notice to “proceed at will” followed on May 8, and construction started.
Wiles, however–according to Michael Lambert, his attorney on the criminal matter–worried that the construction would undermine the integrity of the walkway. On May 30, Jake Varn, the seasoned Tallahassee-based land use attorney representing Wiles on that score, filed a petition with DEP for an administrative hearing that required all work on the seawall to stop pending a final determination by the state agency. The agency in turn issued a notification letter to the contractor ordering a work stoppage.
Work stopped–not right away, but by mid-June. According to a summary of what followed by Varn, he and Silvia Alderman, the attorney representing the homeowners seeking the seawall, worked toward a settlement, and did so rather swiftly. But Varn then learned that work had resumed on the seawall, even though no resolution had been signed. In fact, Alderman was now proposing a different settlement.
The resumption of the work was what Lambert described as “the catalyst” of the incident that took place on Tuesday.
Notably, however, there is no connection, other than contextual, between a civil issue and a criminal act. In court, Wiles will not be able to argue–nor will a judge be interested in hearing–that, because he was upset over the work resuming on the seawall, his alleged assault on another man was somehow explicable. Judges take a justifiably dim view of such rationales.
The incident is nevertheless illustrative of a new kind of tension and dynamics that are now part of beachside norms as recurring consequences of rising seas erode more than just shorelines: the fabric of beachside culture is also fraying.
In mid-afternoon on July 18, a resident contacted 911 to say that Wiles was “being verbally aggressive with employees and residents while also making the statement that he would beat people up,” according to Wiles’s arrest affidavit. The caller, identified as Waldtraut Chavez, 58, of 3309 North Oceanshore Boulevard, called 911 again seven minutes later to report that “things just became physical” as Wiles attacked another neighbor, a 68-year-old man called Joe. The report states Joe was recovering from recent spinal fusion surgery. Wiles himself called 911 at 4 p.m. to report that he had been “attacked wand was forced to punch [Joe] to get away.”
The incident took place on or near the walkover between the house owned by Tommy Tant (the retired school district finance director) to the north and the house owned by Stanley Tavanese Sr. and Waldtraut to the south.
The walkover and the sliver of land it’s on is privately owned by three parties who live in adjacent properties across the street: Wiles and Moore own 50 percent, Michael Hutcheson owns 25 percent, and Christopher Bishop owns 25 percent of the land sliver. Notably, Flagler County owns the beachside land adjoining the walkway to its south and for the length of four properties, up to 3294 North Oceanshore, where the county has ownership of its own sliver of land. The county could build a public walkover that theoretically would make moot most disputes over private walkover use.
Unlike privately owned beaches in front of oceanside houses, which may be freely used by the public under Flagler County’s cutomary use ordinance, private walkovers may not be so freely used, unless their owner or owners give permission. In this case, Joe and neighbors claim he had permission to use the walkover from one of the walkover’s three owners.
According to the account Tavanese gave Flagler County Sheriff’s deputies, Wiles had walked from across the street to the walkover and started yelling at the workers working on the seawall. Tavanese walked to his second-story balcony overlooking the scene and told Wiles to stop. About then, Joe walked over to get to the beach by way of the walkover. Tavanese told the deputy that Joe had permission from one of the three homeowners to use the walkover whenever he liked.
Wiles–according to Tavanese’s account–told Joe that the walkover was closed. The two men got in each other’s faces, and Wiles “suddenly and without warning struck [Joe] in the face with a closed fist,” according to the affidavit. Tavanese ran around the house to stop Wiles. By the time he got to the scene, Wiles was walking back to his own house.
The deputy’s report describes Joe as having “several lacerations including on his leg and face. I was advised he also had a large hematoma the back of his head.” Joe’s wife transported him to the hospital.
Wiles told the deputy that workers at the site were not supposed to carry out any construction until the litigation was complete, so he confronted the workers and took pictures for his attorney. As he was doing so, Joe “entered the walkway behind him, and [Wiles] felt threatened,” according to the affidavit. Joe, he told the deputy, continued to approach him “aggressively,” they got in each other’s faces, and Joe allegedly chest-bumped him twice.
Wiles showed a picture that he said proved Joe was in his face. “All that was seen in the photo was [Joe] standing approximately 3 feet in from” Wiles, the deputy reported. Wiles said he felt entrapped by Joe on one side and the workers on the other, and was afraid they would attack him, though the deputy, again in a note of skepticism, reported that surveillance footage showed no employees “ever standing on the walkway during the incident.”
Wiles told the deputy he had tried to de-escalate the situation. He said he punched Joe in self-defense as Wiles was attempting to leave the walkway, but he was unsure how many times he punched him, or whether he continued to do so after Joe had fallen to the ground. There were scuff marks on Wiles’s knees, “consistent with kneeling on the ground.” Wiles was unsure where those marks came from. The deputy appears not to have gotten a satisfactory explanation of the way Wiles attempted to pass by Joe. “It should be noted,” the deputy wrote, “after later analyzing the walkway itself, there is ample room for two adults to walk side by side.”
The deputy added: Wiles “was reminded of his claim that he was trying to de-escalate and was in fear of being attacked. He was asked if that was true, how could he have time to call two people, and take a photo, but never make any attempt to call law enforcement. [Wiles] was unable to answer.”
None of the home-based surveillance cameras captured the totality of the confrontation, showing only that no one had entered the walkway behind Wiles as it went on. A doorbell camera that starts after the confrontation ended and is partially obstructed shows Joe on the floor along the walkway, with Wiles standing over him, waving his arms around in apparent anger, then walking away, turning around and “continuing his tirade.”
He then turns around, grabs Joe’s phone, and hurls it toward State Road A1A. Again the deputy notes with skepticism that in the footage Wiles “is closer to the beach, while [Joe] is closer to the street. This directly contradicts any claim that [Wiles] made that the physical altercation was a result of him trying to get home.”
Battery is a first degree misdemeanor. Battery of a person 65 or older is a third-degree felony. Wiles was booked at the county jail on $10,000 bond, which he posted. Circuit Judge Terence Perkins signed a no-contact order, barring Wiles from having any contact with the victim or the witnesses.
Meanwhile the Wiles civil petition regarding the seawall is on its way to the division of administrative hearings as Varn, his attorney, attempts to stop the work on the seawall. “I am interested in finding out what actions, if any, DEP intends to take in this matter,” Varn wrote Cameron Berton, an assistant general counsel at DEP. “Should DEP decide not to stop the work by the contractor and responds to our requests, we would appreciate it very much as we may take some other legal action to stop the contractor’s illegal work.”
Wiles was complimentary of his attorney’s approach: “You have a gift of being able to show authority and intensity without aggression,” Wiles wrote Varn early this morning in an email–a gift that appears to have eluded Wiles on Tuesday.
DontsayRon says
Sea level rise and erosion are woke concepts. All the republicans know is its Hunter Bidens fault global sea levels are rising like floridas inflation. The sea levels were lower when trump was in office no?
Honestly who cares about these millionares and their sea wall cant they just get Mexico to build and pay for it? Were being invaded by ocean water and its Hunter Bidens fault lol.
Jim says
A 43 year old man beat up a 68 year old man because the guy chose the wrong time to go down to the beach? Since Mr. Wiles is married to Ronni Moore, an assistant county attorney in Flagler County government, I have to wonder if he will get the same treatment that any of us would get for doing such a heinous crime? I’m 67 years old myself and I seriously doubt most 43 year old’s could see me as a serious threat even if I said or did something stupid! There is something seriously wrong with any person who decides to physically beat another person over any issue that doesn’t include self-defense. I’m sure Mr. Wiles is going to cling to that claim in his effort to avoid responsibility for his actions. It sounds like the deputy did a decent job of gathering relevant facts and nothing I read indicated Wiles had any reasonable cause to beat this man. I hope Joe makes a full recovery and I hope he successfully sues Wiles for damages and wins a boatload of money. I don’t know Ronni Moore at all and I hope she’s a decent person and her husband does not reflect on her. However, her husband is a low-life but because he’s married to someone in the government, most likely he’ll get a soft sentence like probation or similar. For he did, he deserves some jail time. Maybe that might penetrate his thick skull the next time he decides to beat up a threatening old man 25 years older than him. He’s a coward and a bully. If he wasn’t, he’d be truly ashamed of his actions. But all he has done is try to justify what he did. I hope he does get some actual justice.
Laurel says
A 43 year old man is afraid of being hit by a 68 year old man. Okay…
Robjr says
What global warming, what climate change? DipSantis dismisses climate change, and says” he rejects the “politicization of the weather” and questioning whether hurricanes hitting his home state of Florida have been worsened by climate change.”
https://www.theguardian.com/us-news/2023/may/28/ron-desantis-climate-crisis-campaign
Wow says
Temper tantrum. What a ridiculous thing.
jeffery c. seib says
A spoiled little rich ‘boy’ beating up on another person is sure an example of how far America has gone…down the drain. Like our former president this clown thinks, I hope not correctly, that he can do anything he wants and there are no consequences. The only thing that will happen to this guy is being shamed in the court of public opinion, any court proceedings will be a waste of taxpayer money because his type follows a different version of justice then the rest of us…
JimBob says
Wiles obviously received enough legal advice from the missus or other attorney to conjure up his self defense claim, as specious as it may appear.
Tom Hutson says
Confrontation and Felony Charge???
Millionaires fighting over their private dunes and beach walkover/access, Oh My!!! A 43-year-old BULLY with connections in fear of a 68-year-old senior citizen, REALLY?? Wake up Flagler County/Flagler Beach residents. How much more money are we willing to waste on our Public Beach so these private Owners can have their private seawall access/private walkovers?
I have a much better idea; take away these private walkovers by way of “Eminent Domain”!! This will allow all residents the use of any public walkover leading down to our Public Beach. This will also allow for the proper building of a “Lasting” seawall, not another sand hill covered with Coquina rock. Millions have been wasted over the years doing this, but FEMA/State is at it again spending our money paying for another sand and stone fix that will wash away again during the next major storm!
I hope the elderly 68-year-old gentleman is ok and makes a full recovery. I also hope the States Attorney does not let this 43-year-old “Bully” off the hook because of his connections!! Sad Sad incident!!
Thurston Howell III says
I’m sure Mr.Wiles will get a slap on the wrist, compared to what the average citizen would get since he has ‘connections’. I hope Flagler County Courts & Judges know that the whole County will be following this and we want to know what his punishment will be! Hitting a older person is DISGRACEFUL!
Doug says
Hilarious.
Denise says
WOW, I think he needs to find a HOBBY while his wife is a work!! Something to keep him busier than watching who’s using who’s beach walkway. To beat up a senior citizen who was just using the walkway??? That is seriously BORED!
rich L Santomassino says
funny stuff
Laurel says
Tom Hutson: It’s always interesting that people who do not own property by the water seem to think eminent domain is a good idea. I’m sure it would not be a good idea if it was your property. Just take it away, huh? First of all, these people bought and OWN these properties that their walkover is on. They pay higher taxes than you. We do not pay for their properties. They pay higher insurance than you. The beach is eroding with or without them.
Please use logic before you are so willing to steal other people’s property.
Shark says
Sound like a legitimate stand your ground violation,
Concerned Citizen says
If an FCSO employee was just running around bullying people what makes you think this will have a different outcome?
In this County it’s who you know. The felony will get dropped because of his wife. He will cop out to a ridiculous plea and some “counseling” Because everyone has a mental health condition now days. Instead of just being an asshat.
It’s funny how riled up people get. When someone else rightfully owns a part of the beach. Didn’t a whole town just gang up on one person recently? Including local media?
Liberalssuck says
The logic is why should public tax dollars be wasted repairing private beaches.
Tom Hutson says
FIRSTLY – Our main concern should be the health and wellbeing of the senior elderly assault victim and proper punishment for the 43 year old Bully assailant.
Understand LOGIC??
Not to worry or get heartburn over!! As for STEALING other’s property, look up Eminent Domain, property owners involved in eminent domain cases, in most cases, receive much more compensation in return than what the property Itself is valued at.
Just a thought – Why do some people believe that just because they pay more for something, pay more for insurance, pay more for taxes, that no one understands their enormous burden of wealth?
FDOT has already paid $15,000,000.00 dollars this past year in an attempt to save A1A and OUR beaches. FDOT will be spending an additional $100,000,000.00 (70% Federal-30% State) of all of our tax dollars in an effort to save A1A and OUR beaches. However, Mother nature is going to take her beaches back and all these worries will be decided by her – as the high-water mark encroaches- property ownership decreases.
Ed says
See Laurel, we can agree on something. Your response is logical and on point.
Be careful though, your fellow posters might think you only agree with them other times to keep them at arms length so they don’t “come” for your belongings because they might think you and your family are the “ spoiled Rich people”. Or worse a capitalist. (Sarcasm so no one mistakes the last paragraph of this post , sarcasm)
Nothin will happen to him says
I am surprised that he wasn’t offered a “courtesy ride” home from Law Enforement:
Cary says
Is the land that the private crossover is built on actually owned by the people that claim it privately? If not it should be for public use since it is owned by the county. I don’t think it can be considered part of their homesite since it is located across the state highway unless it’s deeded separately as ocean front property and pay a separate property tax.
Private crossovers like this shouldn’t be allowed.
Laurel says
Lib: You are paying for beach erosion. Private walkovers are not the cause.
Laurel says
Tom: So your point is?
Laurel says
Ed: Oh, we’re not so far apart on all things considered.
Steve says
Lol A Rich entitled spoiled brat fights over a piece of dirt sounds about right
Ray W. says
It is possible that an easement guaranteeing public access travels with the private property.
When my parents purchased an oceanfront home in 1958 in the Shores, a six-foot wide easement came with the property description; it ran from A-1-A to the beach. At that time, some of the easement had never been cleared, as a strip of wooded land separated the lots on each side of the home. About a dozen years after we moved in, the city built a nice walkover and cleared the strip of land. Many beach walkers used the walkover; we knew most of them by name. A law school classmate of my father’s, who had lost both hands to a grenade in WWII as a lieutenant in the 101st Airborne (I Company of the 501st), walked to the beach every morning at 4:30 to run sprints, engage in calisthenics, and simply walk. We never had any problems other than a huge rattlesnake we spotted one day as it was hiding under the wooden stairwell; it apparently lived in the dunes and built its nest there. One of the family rifles put an end to that threat right away.
Laurel says
Cary: There are parcels in Flagler Beach on the east side of A1A that are linked to the parcels across to the west side of A1A, deeded, and platted, as such. They are not easements, they are private property. The parcels cannot extend past the coastal line. This is a fairly common practice in Florida along waterfronts.
If, let’s say, there is a condo with 10 units on the west side, and the condo owns one of these east side parcels, each condo owner will own 1/10th of the beach side parcel. Either way, these parcels are bought and paid for, and sold as such.
A really obvious example of a property owning such a parcel would be Mar A Lago! The vast majority of these parcels, however, are only large enough for the walkover, or if on a river or lake, then usually large enough to hold a small boathouse and dock.
Jan says
As an elderly member of the Flagler Beach community, this is appalling. I hope he gets the fullest extent of the law.