Editor:
On the evening of March 23, 2010, I had met some friends at Coconuts for a couple of drinks before heading out to the Blue Desert for dinner. I retrieved my car from where it was parked on the bridge and started to turn onto Dock Street. There was a police car parked in front of Coconuts as I went past. Up ahead I saw one of my friends and "playfully" revved my engine (foot on the brake) in recognition and proceeded down Dock St. Unbeknownst to me the noise of my car seemed to excite the police officer (Officer Kossabom), as he was observed to race to his car and come after me. Because there was at least one other vehicle between my car and Officer Kossabom`s vehicle, I did not realize that he was in pursuit. I continued to drive onto 1st St. I was neither speeding, weaving, nor making any other unusual or `unsafe` moves. Meanwhile, Officer Kossabom proceeded to accelerate upon leaving Dock St, passing another vehicle that was in front of him traveling at the legal speed limit. At about the Thomas Guest House I noticed the flashing lights in my rear view mirror and pulled over to allow the police car to pass as I didn`t think they could possibly be after me. Well they were.
I was told that I had driven unsafely on Dock St. and after providing my license, registration and proof of insurance was asked to step out of the car. The officer asked where I had been and if I had anything to drink. I said that I had a couple of drinks at Coconuts. I was asked to submit to field sobriety tests. As best I could tell I performed the visual eye tracking and finger-to-nose tests OK but did not do well on the heel-to-toe walk. Those who know me know that while reasonably fit, I am challenged balance-wise. As such, I neither dance, use a tight-rope, or walk heel-to-toe on a regular basis - read never. I am pretty much a klutz. At any rate, I was charged with a DUI and asked to submit to a breathalyzer test. I refused to do so given what I viewed as a lack of probable cause for the officer to stop me and for other reasons that will become clear later. At any rate, I was carted off to Bronson where I spent the night. Of interest was the fact that while I was talking to the bail bondsman the next morning, he told me that he does not visit Cedar Key anymore due to the actions (such as this) of local police.
Regarding the charge of careless driving, I admit that I revved my engine causing some noise (no more so than some weekend bikers or airboats), but I did not speed, weave, or do anything else that could possibly be deemed unsafe. Furthermore, as there was at least one vehicle between me and the police car, it would seem difficult for the officer to observe any of my driving, safe or unsafe. I would say that a speeding police car, passing other vehicles in the commercial and residential area of 1st St seems to fit the definition of unsafe driving.
So, I did not deem the traffic stop to be justified and for that reason refused to submit to a breath test that was also not justified. I refused the test for another important reason - I did not trust the motives or intentions of Officer Kossabom. This is based not only on the capricious nature of the traffic stop, but also on similar reports from other residents of Cedar Key regarding this individual, not the least of which was the tazering incident on Dock St in 2008. That incident, which not only injured a resident of Cedar Key, but cost the City over $500,000, clearly demonstrated the impulsive and overreacting nature of this officer. The legal settlement judged his actions to be uncalled for. The fact that he is still on duty calls into question the motives of the entire police force. Are they here to protect and serve or to stalk and apprehend?
I love Cedar Key. Not having been fortunate enough to have been born and raised here, I have chosen to retire in this great little town. Unfortunately, I have seen Cedar Key resemble at times a neighborhood that is haunted by a bully. One never knows when the bully will jump out from behind a tree, a building, or a badge, and just that prospect serves to threaten and intimidate. And, honestly, right now it seems there is no protection from the bully. Indeed, if the words of the bail bondsman in Bronson are shared by others, both within and outside of Cedar Key, then we have a problem that effects businesses and individuals alike. It sure stopped my wife and I from enjoying sunset and dinner downtown this spring.
In discussing the overbearing actions of Officer Kossabom with Mayor Sue and Police Chief Virgil, others have been told that they must submit complaints in writing or nothing can be done. Well, this is my, albeit long, complaint. Cedar Key does not need "police protection" (? oxymoron) such as this. Although I hope these words help improve things, I am not optimistic given that the tazer incident wasn`t enough just cause to remove a bad egg from the Cedar Key police force. Hopefully, it will not take an even worse offense to a resident of Cedar Key to make change happen.
Oh, by the way, the DMV and Court determined that revving my motor (with or without making a noise) should not have resulted in my apprehension and the case was dismissed due to "insufficient evidence to sustain a conviction." So, watch out, don`t do anything the least bit silly, because we have a bully in the neighborhood and he`s wearing a badge.
Michael Pfaller, Cedar Key |
