OUR VIEW

POURING GAS ON FIRE

Editorial Panama City News Herald July 24, 2007

J

ust because Panama City Police have been cleared of criminal wrongdoing regarding a June 9 incident between condo owners and a manager at the Fontainebleau Terrace doesn't mean there

 

Just because something isn't illegal doesn't mean it's right. 

 

The Florida Department of Law Enforcement reviewed the actions of two Beach officers who responded to a June 9 dispute at a condo owners meeting which resulted in one arrest and two women being knocked to the ground. The FDLE concluded late last week that there was insufficient evidence to warrant a criminal investigation. 

 

So the officers didn't break any laws. That's good to hear. 

 

But did their actions inflame an already volatile situation? 

 

The Fontainebleau Terrace owners association was holding an "owners only" meeting at the complex to vote out the board of directors. Association Manager Ray McDonald, who is hired by the board (and thus stood to lose his job if the incumbent board was dissolved), was barred from attending the meeting. Not surprisingly, he took umbrage at this and called police. 

 

Given the acrimony between some of the owners and the manager (which apparently predates the June 9 meeting), the officers who responded should have separated the two parties and defused the situation. 

 

Instead, as can be seen on a videotape taken by one of the owners from inside the meeting room, McDonald was allowed to stand next to Officer Donald Nichols outside the door as the argument escalated and tempers flared. McDonald then stepped toward the door as if to force his way into the room, which was like pouring gasoline on a fire. 

 

McDonald and Nichols then went through the entrance, pushing owner Steve Bell aside and knocking down two women (including the videographer) who stood behind him. Nichols can then be seen angrily demanding to know who was in charge, while the other officer handcuffed Bell who was arrested and charged with resisting arrest without violence and simple battery. 

 

Regardless of whether the owners had the right to hold a closed-door meeting in that room or whether McDonald had a right to enter it, those are civil matters that should not have been treated like a criminal incident that merited police force. 

 

Furthermore, when McDonald was allowed to stand outside the door next to the officer who was demanding entry into the room, it made it appear that the police were siding with the manager in the dispute -- that Nichols wasn't just attempting to contact the owners' representatives, but that he was trying to gain McDonald access to the meeting. 

 

The situation became angrier and violent when the police showed up - the exact opposite of what should have happened. That may not violate any laws, but it is anathema to good law enforcement. 


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