An independent investigation of Flagler Beach Police Sgt. Austin Yelvington found him to have violated the city’s arrest procedures last March when he arrested a man who stood outside the Funky Pelican restaurant at the pier, holding a sign supporting homeless veterans.
Yelvington is to serve a three-day suspension without pay. The city’s police chief, Matt Doughney, issued a public apology to the man, Jeff Gray of St. Augutstine.
The other Flagler Beach police officer involved in the arrest, Emmett Luttrell, was found to have followed procedures and was not penalized.
“On behalf of the Flagler Beach Police Department I’d like to issue a public apology to Mr. Gray,” Doughney is quoted as saying in a release he wrote and issued on the city’s Facebook page shortly after this article appeared. “I cannot go back and change the events that occurred on March 2nd, but since that date we as a department have capitalized on educational
opportunities with regards to First Amendment Rights. We will continue to explore additional training opportunities in the future, so that we can continue the education of our Police Officers on First Amendment rights, so that we can protect the public, their rights and civil liberties moving forward.”
Doughney turned over the investigation of the two officers to the Flagler County Sheriff’s Office after the arrest of Gray drew national attention and sharp criticism from city commissioners, and left a blot on the city’s image
“Yelvington had a good record, very professional record leading up to this incident,” City Manager Dale Martin said, “and yes, it was disappointing on his actions of that day.”
The Sheriff’s Office’s Chief Mark Strobridge confirmed that the internal affairs investigation was conducted by Cmdr. George Bender, who conducts all IAs at the agency, though he could not remember when it was completed (Strobridge signs off on all internal investigations). It was turned over to Doughney over a week ago. Martin said he received it last week, reviewed it over the past weekend and provided his suggestions to Doughney. He agreed with the term of the suspension.
“That was the chief’s decision, so I supported that,” he said. Doughney could not be reached before this article initially published. The investigation was requested from both the Sheriff’s Office and Doughney, but not provided before the article appeared.
Gray, 55, was arrested the morning of March 2 on a felony charge of armed trespassing after holding up a small cardboard sign that read “God Bless the Homeless Vets.” Armed, because he was carrying a gun. (See: “Man Holding ‘God Bless Homeless Vets’ Sign on Public Sidewalk Outside Funky Pelican Arrested on Armed Trespassing Charge.”
There was nothing illegal about carrying the gun. Nor was there anything illegal about what he’d been doing, as it turned out: the State Attorney’s office within four days dropped the charges, and the arrest disappeared from the court docket.
Based on body cam video, Gray had been standing at the edge of the sidewalk in front of the Funky Pelican, the restaurant at the pier. He was not in the way of customers or people walking along the sidewalk. A Funky Pelican staffer called 911, claiming he was “harassing” people. “I’d just like him trespassed, please,” she said. “He’s harassing all of our guests, and he’s standing out front.” The Funky Pelican has no sidewalk seating. All of its guests are seated inside.
The first officer who responded, Emmett Luttrell, correctly noted that “what he’s doing, technically, he’s not breaking the law.” The “technically” was not necessary: Gray was not breaking the law, period. The most authorities could do is request that he move down one way or the other. “A simple request,” as Luttrell put it. Gray preferred not to.
Yelvington, who arrived shortly, saw it differently. “Actually, we can trespass you from here,” Yelvington told Gray, pointing at the sidewalk. “They can’t,” the officer said of Funky Pelican staff (since the sidewalk is public property), “but we can.” Yelvington was technically correct. But Gray would have had to be violating city code or breaking a law to be trespassed. He couldn’t be trespassed just because Yelvingon thought he should be trespassed.
That’s just what happened. Yelvington arrested Gray, became snide with him (“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”) and used force to shove Gray’s head into a patrol car. It’s possible Gray may have been putting on a few theatrics. But getting handcuffed and ordered into a patrol car was not his script.
Yelvington had told Gray that people are trespassed frequently in the city. Documents prove it, the last two years’ records show–and may be of interest to the city commission in light of the Gray incident.
Yelvington is to serve the suspension in the near future.
The internal affairs investigation found no probable cause for Gray’s arrest but also no “no personal bias or malice.” According to Doughney’s release, “The investigation also identified a significant weakness in our Department’s ‘Field Training’ of new Police Officers, and that deficiency was at the core of this incident,” an inexplicable conclusion considering that Luttrell, the new recruit, followed procedures, while Yelvington, the veteran, did not.
“The training deficiency has been corrected thanks to detailed information provided by our City Attorney on trespassing and the freedom of speech on public property,” the release went on. It is notable that, following common practice among governments that seek to downplay unflattering news, the release was issued late Friday, a time when most people’s attention is elsewhere.
Gray, a First Amendment advocate, is well known to authorities for purposefully testing public agencies’ compliance with free-speech laws. He posts videos of his frequent encounters with officers on a YouTube channel called HonorYourOath Civil Rights Investigations.
In 2017, in a lengthy New York Times investigation on the shooting death of Michelle O’Connell, the girlfriend of St. Johns County Sheriff’s deputy Jeremy Banks–authorities at the time, after the St. Johns Sheriff’s Office investigated the case instead of handing it to an independent agency and, controversially, ruled the death a suicide–the newspaper reported on Gray holding a protest sign in the lobby of a public building where then Sheriff David Shoar was hosting an annual awards dinner. The sign said O’Connell had been murdered. Shoar had Gray forcibly removed.
Correction: An earlier version of this article misattributed the quote by City Manager Dale Marion about Yelvington to the police chief.
Anon says
So this flagler county officer violated the rights of this citizen and gets to return back to his job in 3days time… what a joke flagler county is…
jim says
hey Flagler Beach you better get the checkbook out and ready!!! this one is gonna coast u BIG TIME!!! A LOT MORE THAN A 3 DAY SUSPENSION!!! GOOD LUCK!!! this is how this P O S makes his living
NJ says
All of Flagler County does NOT have a place for Homeless Veterans and the Veterans Service Officer does NOTHING to support homeless veterans. He should RESIGN and the good of veterans. In Putnam County they have REAL Veterans Service Officer!
Katie johnson says
Murikkka is a joke! People disappear all the time from men in masks. Your rights were stolen when you elected a conman pedophile to be your leader! No bulletts were needed! It’s a fascist oligarchy now! unless you’re one of the 300 richest people on the planet it’s gonna get a lot worse for you! Hungry yet?
The Villa Beach Walker says
How brave all the anonymous cop haters are. Sgt. Yelvington made a mistake. Get over it. He’s had years of service to the citizens of Flagler Beach. This citizen included. He’s warned me for speeding on John Anderson. But I’ve also witnessed him in action on numerous other occasions. Law enforcement in any jurisdiction is not an easy profession. I’m glad he and the other officers are out there. You all should be too.
Jf says
A 3 day suspension for violating this man’s constitutional rights. The chief can apologize as much as he wants. The fact is that this officer was allowed to work through the investigation. A supervisor at that. What a joke!
Big Mike says
A Flagler Police Supervisor who doesn’t have a clue about concealed carry and trespassing speaks for the leadership in this department. Three days suspension is a JOKE, but no surprise in the history of this sad department !
FB Pigs🐽 says
Wow 3 Day Vacation For This 💩 Head Nice 👍
Sherry says
A mere slap on the wrist for wrongful arrest. . . welcome to “FF” Fascist Flager Beach!
X Cop says
Hey Jim = the POS is the deputy who violated his first amendment right !!!!! Did you ever hear about – Freedom Of Speech ???
Roger Wallace says
Another slap on the wrist. Those in authority protect their own. Flagler has to be one of the worst places to live. Palm Coast Follows closely. The officer should have been trained to begin with. He should have been required to take additional training and the suspension should have been much longer.
I hope the victim durd the officer and Flagler and wins big. Maybe then the people of Flagler will stop being dupes and vote the incompetents out of Office.
Todd Arnold says
but also no “no personal bias or malice.”
This is a double negative. I t means there WAS personal bias or malice.
anon says
@jim If you know Jeff Gray, his lawsuits are for $1776.
Tony says
This would not happen if the Funky Pelican employee didn’t lie about the sign holder. Perhaps this person should lose their job and financially compensate Mr. Gray. As for the Sargent Yelvington, in addition to the three-day suspension he should be demoted to a regular officer with no chance for promotion for at least three years.
Skibum says
Nonsensical! Astonishing! Brainless, maybe?! The response from Flagler Beach’s police chief, and the issue identified for correction completely ignores the most glaring deficiency within that police department. The chief wants the public to believe that the problem occurred due to insufficient “educational opportunities with regards to First Amendment Rights”, and some contrived falsehood indicating more training is necessary for new, inexperienced officers on the Flagler Beach PD. Poppycock!!!
The only officer who royally screwed up and caused Mr. Gray to be falsely arrested was neither new, nor inexperienced. The most glaring problem for the PD that day wasn’t so much a first amendment issue, it was a complete and totally incompetent supervisor… a sergeant who apparently was put in a position of authority to oversee and supervise police officers because he had the experience, the knowledge, the training, AND the common sense to make proper decisions about criminal law and when an arrest is appropriate and legally justifiable. The sergeant who may have had his huge ego bruised made a patently FALSE arrest of someone who spent time in jail for something even a novice officer should have known was not a violation of the law. And for a supervisor to make such an incredibly stupid and irresponsible arrest like that, I believe a 3-day suspension is akin to a very light slap on his cheek, allowing him to continue to hold the rank of sergeant and make ongoing supervisory decisions when he should have lost his stripes over such a constitutionally indefensible, boneheaded mistake like that!
Maybe I’m just making more of this because where I came from, in much larger law enforcement agencies out on the west coast where such a mistake would have been taken much more seriously, I doubt the appropriate punishment would have been a mere 3-day suspension for an obviously false arrest. Yes, we are in Flori-DUH where most anything goes I guess. Maybe in a small department like Flagler Beach has, they need every breathing, two legged, non-handicapped human they could possibly hire, and cannot afford to lose (or demote) anyone, for any reason… even false arrests.
Yes, let’s all be very glad they see the problem and will attempt to find more “educational opportunities” for new officers so this won’t ever happen again. Incredible… LOL!
I will just have to shake my head one last time and say, WOW!
Dig Deeper says
Quick fact check: is Matt Doughney both Police Chief and City Manager as the article states?
Also, we need a follow-up with the Funky Pelican. Do they have a problem with the 1st Amendment or other civil liberties? Are they concerned about potential consequences (criminal or civil) for filing a false police report? Do they provide free or discounted drinks or meals to LE with the expectation of enhanced “services” like this?
Atwp says
Three day suspension, I’m in the wrong profession. Usually law in forcement personnel get no punishment. Suspension without pay sound great, is it true.
TR says
@Jim, so this guy makes a living by peacefully protesting within his rights, then gets wrongfully arrested and you call him P O S?
The cop is the P O S and should have gotten a weeks suspension with no pay. Maybe if some law enforcement deputies would know the laws better this guy wouldn’t win all his law suits. Don’t get me wrong, for the most part I believe 90% of law enforcement agents do a good job. But there’s that 10% that make the departments look bad, especially this Sgt. He really should have known better.
Robjr says
He may also get a promotion.
Gerry says
You all see at the local concentration camp people are being denied the ability to speak with attorneys or legal representation and are being held in dangerous conditions! Where’s that in the old constitution! The usa is dead it’s murikkka now and yes it’s fascist ! The pedo protectors never cared about you only money for the few!
JL 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”
1. Great self own Yelvington, this will be on the internet forever.
2. Flagler Beach yall really want to keep a POS like this who speaks to the public as though THEY are the law, and what THEY say goes. This guy didn’t learn any lesson, he just says what needs to be said to get a slap on the wrist.
I truly hope Jeff does not go the symbolic route, and takes you for what he can. Yelvington you assaulted and battered the public for long enough, time for you to become part of the American Prison Slave Labor Force.
Richard says
Sgt Yellington admitted that 24 unlawful arrests were made outside funky Pelican the for trespassing.. who will give these people justice? I hope a class action lawsuit will bankrupt the city… 3 day suspension is comical, the officer broke the law and get no jail time …?
Land of no turn signals says says
Katie Johnson you need to back off the caffeine !!!
What a Joke says
3 days is pretty shocking. He was fine to ruin this mans life. I think he knew better and did it anyway. He just thought his department would look the other way. He even knew what this guy might do and his big EGO did it anyway.
Lance Carroll says
Wow…this has become a messy pot. Whatever mistakes have been made..and whatever bait has been switched…I have never witnessed Austin Yelvington neglect his duty and/or deny anybody their rights. The history of the arrested sets a tone that, to me, sounds a bit off key.
I am supportive of Austin Yelvington and will not bow down to the folks posting a load of crap, based on a slanted FlaglerLive pile of pudding.
Sincerely,
Lance Carroll
Dan says
This is nothing. I worked for flagler county. When I was there I saw a guy on administrative leave for 3 years get promoted from corporal to lieutenant!!!!! 2 promotions and 40k more in pay on ADMINISTRATIVE LEAVE?????? So nothing shocks me
j wittrock says
Sgt. Yelvington is a good guy, I can’t say that for every police officer we have had in FB.
Richard says
De-escalation techniques could have been implemented (check your ego at the door). The entire incident may serve to illustrate just how easy it is to become a(Felon) criminal. He made a mistake ? CHARGING A MAN WHO BROKE NO LAWS WITH A FELONY? Austin Yelvington is a nice guy? When the city has to pay out thousands of dollars of your tax money he still should get a free pass? Try that in the normal job you would be fired on the spot..
Tony says
Maybe boycott Funky Pelican until the accusing employee is both named and fired from their job.
Skibum says
To Lance Carroll and j wittrock, Sgt. Yelvington may be a good guy, he might even be an adequate police officer. But as a sergeant, he is supposed to have the common sense, the good judgement, the knowledge of the law, the legal justification that officers need to have to make an arrest, and the experience to properly supervise other subordinate officers and make appropriate supervisory decisions. That is what a supervisor is paid to do, and in that regard, he completely failed in his responsibilities. You may give him a pass, but in my personal opinion as a career law enforcement officer, prior supervisor and administrator who was previously responsible for conducting countless internal investigations of officers who failed in their duties as law enforcement officers, the biggest losers in this incident are going to be the city taxpayers and other innocent individuals who may come in contact with this sergeant in the future.
Flagler Beach seems to be taking the stance that false arrest by a supposedly experienced sergeant is really no big deal from the “punishment” that has been decided on. Well, we will see. There still is the possibility of civil litigation. And there is something else that should be even more concerning to the town fathers as well as the police chief. Vicarious Liability. The chief of police as well as Flagler Beach government could be liable in court for potentially huge civil liability for failure to properly train, supervise or retain someone that they KNOW to be deficient in their duties and responsibilities.
That is why it is so important to properly vet those who are placed in the important role of supervising other law enforcement officers. Maybe this is a one-off incident and Yelvington has learned a valuable lesson. Or, as he himself has stated in the body worn camera video of this incident, maybe he has in fact made other false arrests for the same thing that, so far, has flown under the radar. It could be a real ticking bomb for Flagler Beach if that is true. But after viewing the video myself, this is such an obvious case of abuse of authority by someone who should have known better, and in my judgement, I would be very very concerned having him remain in a supervisory capacity and giving direction to others. I hope I am wrong, but the financial resources of the city coffers are at risk by having this person in that position with such poor common sense and judgement.
hjc says
All the citizens that pay his wages would have been arrested for assault.
CH says
I hardly believe this guy cares about veterans and I’m not buying his “aw shucks” BS. I guess it’s not entrapment because that’s when law enforcement does something to lure you to commit a crime. Totally legal and lucrative if you’re an average joe. We see from the comments here the next stage of threats or lawsuits. Is that what they call extortion?
joey says
CH -would you feel the same way if one of your family members was treated the same way ??????????
Richard says
Let’s be clear, violating a persons civil rights under color of law is a federal crime …….Title 18, U.S.C., Section 242 – Deprivation of Rights Under Color of Law ……..