State attorney finds ‘insufficient evidence' to prosecute former Sheriff Clovis Watson Jr.
In a letter dated Feb. 19 from State Attorney John Durrett to FDLE Inspector David Snowden, Durrett writes that Alachua County Capt. Brandon Kutner was commanded by then-Undersheriff Joel Decoursey Jr. to "monitor and intercept privileged communications." In turn, Kutner illegally recorded a conversation between Decoursey and Watson.
"A lieutenant with ACSO indicated in a sworn statement how they had personally witnessed Captain Kutner actively monitoring privileged communications," Durrett, the state attorney for Florida's Third Judicial Circuit, wrote in the letter. "The only evidence to support the charge of unlawful interception in violation of Florida Statute 934.03 is the testimony of the immunized, Captain (Brandon) Kutner."
Following Watson's official misconduct charge, Durrett wrote that he found "insufficient evidence" to prosecute Watson for ordering to destroy a different recorded conversation.
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However, a sergeant mistakenly recorded a conversation with the former sheriff.
"Here, the Sergeant simply made an error in believing that the same exceptions applicable to criminal investigations applied in internal investigations," Durrett said. "This action stands in contrast to Captain Kutner who indicated he was directed to unlawfully intercept communications involving the same attorney."
Watson's actions to destroy or "ordering to destroy" a recording caused the official misconduct to be directed to the former sheriff, not the sergeant. However, no evidence was supported.
Durett added that both sides of the aisle agreed the conversation shouldn't have been recorded and the officer was later disciplined.
In February, Watson, in his official capacity as Alachua County sheriff, lost a racial discrimination lawsuit against former Sgt. Kevin Davis for favoring less-qualified Black officers for promotions and transfers. However, ACSO has filed an appeal to lower the damages in the case from $15 million to $30,000 and will have a scheduled hearing in July.
This article originally appeared on The Gainesville Sun: State attorney declines to prosecute former Alachua County sheriff
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