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This
site is provided for the professional Florida Department of
Corrections Correctional Officers working in Florida's
Prison System.
A source for officers to keep informed,
exchange information, share ideas, discuss issues and
problems within the department, and communicate with fellow officers.
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2005
a trying year for DOC
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BY MARK J. CRAWFORD,Editor, Bradford County Telegraph January
06, 2006
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Battery charges were dropped Monday against two high-ranking
Department of Corrections officers who had been accused of
beating a man at an April softball banquet.
Richard Frye and James Bowen are expected to be back on the
prison system payroll today, but have not been cleared to return
to work.
Frye, 36, had been a colonel and Bowen, 33, a major at Apalachee
Correctional Institution when the banquet was held April 1 at
the Leon County National Guard Armory in Tallahassee. Frye,
Bowen and a third man, Allen "A. C." Clark - who was then
regional director of prisons in the Panhandle - were arrested in
November and charged with felony battery following
investigations by the Florida Department of Law Enforcement and
Tallahassee Police.
Investigators determined that late in the evening, former
correctional officer James Edward O'Bryan accidentally slipped
in a puddle of beer and vomit, knocking down a woman who worked
for Clark. The investigators also determined that Clark
straddled O'Bryan and punched him and that Bowen and Frye joined
the melee, punching and kicking O'Bryan.
Bowen and Frye were initially placed on paid leave following
their arrests, but moved to unpaid leave about a week later and
were subsequently directed to move out of their state-owned
homes at the prison.
Clark had resigned from the department in August amidst FBI and FDLE investigations into allegations of steroid use,
embezzlement, improper use of state inmate labor and prison
materials at the prisons where Clark had worked, and the hiring
of people solely to play on prison athletic teams.
Investigators also seized items from the state homes where Clark
and Bowen had been living as well as items from other prison
employees' homes.
On Dec. 21, the 2nd Judicial Circuit State Attorney's Office
reduced the charges in the softball banquet case from felonies
to misdemeanors. On Monday, the state attorney filed a "no
information" in the case, which means the case will not be
prosecuted.
In the no information, Assistant State Attorney Phil Smith wrote
that after "examining hundreds of pages of evidence and
testimony, the state is unable to determine beyond and to the
exclusion of every reasonable doubt whether the defendants'
actions were accidental, intentional or even occurred."
Smith also said that "the conduct by these Department of
Corrections employees is an embarrassment to all state of
Florida employees." Further, according to Smith, the alleged
victim had indicated he never wanted the cases prosecuted.
Frye's attorney, Gloria Fletcher of Gainesville, said the
decision to file a no information "speaks volumes because the
state attorney is saying they can't determine that any criminal
acts went on."
Because of their rank, both Frye and Bowen are considered select
service employees, which means they serve at the pleasure of the
prison secretary and their jobs are not protected under a union
contract.
Late Monday, prisons' spokesman Robby Cunningham said Frye and
Bowen are expected to be returned to the payroll today but a
decision on whether they will be allowed to return to their jobs
will not likely be made until an investigation by the state
Inspector General's office has been completed. Cunningham did
not have a target date for the investigation to be done.
If Frye and Bowen are allowed to return to jobs in the prison
system, it is unlikely they will return to their old positions.
On Jan. 4, Assistant Secretary of Institutions George Sapp sent
out an e-mail announcing that Frye's job had gone to Winfred
Warren, who had previously worked at Walton Correctional
Institution as a colonel, and Bowen's job had been assigned to
Tim Holmes, who had previously been a captain at New River
Correctional Institution.
Karen Voyles can be reached at (352) 486-5058 or
voylesk@gvillesun.com.
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