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Case 5:15-cr-00035-WTH-PRL Document 37 Filed 04/13/16 Page 1 of 65 PageID 126
IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
UNITED STATES OF AMERICA
CASE NO.:
5:15-cr-35-0c-10PRL
vs.
JAMES LOUIS AMIDEI,
Defendant.
---------------------------------------------------------./
NOTICE OF FILING
PLEASE TAKE NOTICE that the Defendant, JAMES LOUIS AMIDE I, by and
through his undersigned counsel, hereby gives notice of filing the following document:
•
Comprehensive Sentencing Mitigation Report
This document is filed on behalf of Defendant for purposes of sentencing mitigation in
the above-styled case, and for all other allowable purposes under federal law.
CERTIFICATE OF SERVICE
IHEREB Y CERTIFY that a true and correct copy of the foregoing has been furnished by
electronic service to United States Attorney A. Lee Bentley, III, [email protected]
[email protected];
Assistant United States Attorney Mark Blumberg,
[email protected];
[email protected];
and Assistant United States Attorney Maura White,
this 13th day of April, 2016.
QluJuQ?rB~
Therese Misita Truelove, Esquire
Therese Misita Truelove, P.A.
P.O. Box 2566
Daytona Beach, Florida 32115
(386) 254-8603/(386) 257-6516 FAX
[email protected]
Fla. Bar No.: 0245770
ATTORNEY FOR DEFENDANT
and
UNITED STATESDISTRICT COURT
MIDDLE DISTRICTOF FLORIDA
MIDDLE DIVISION
UNITED STATESOF AMERICA
v.
Case No. S:lS-CR-35-0C-IOPRL
James Louis Amidei,
Defendant
COMPREHENSIVE SENTENCING MITIGATION REPORT
Prepared by The Cord Strategies Group, LLC
Jacksonville, Florida
Contents
Introduction
1
Current Posture of the Defendant
1
The Nature and Characteristics of the Offense/Factors in Mitigation of the
O~n~
4
History and Characteristics of the Defendant
5
Post Offense Rehabilitation
7
Community Support
8
Factors Militating in Favor of Downward Departure
10
Statistical Information
12
Defendant's Status as a "True" First Time Offender
13
Factors Militating in Favor of a Variance from the Advisory Guidelines
14
Alternatives to Incarceration
16
Stakeholders Attitudes toward Sentencing Mitigation
16
Conclusion
19
Appendix Exhibits
A-L
Comprehensive
Sentencing Mitigation Report
James Louis Amidei
Case No. S:lS-CR-3S-0C-IOPRL
Introduction
According to the provisions of 18 U.S.c. § 3553(a), the court shall impose a sentence that is
sufficient, but not greater than necessary, to comply with statutory purposes of sentencing, and in
determining such sentence, the court shall consider, inter alia, (1) the nature and circumstances of the
offense and the history and characteristics of the defendant, and (2) the need for the sentence imposed
as set forth in § 3553(a)(2). In consideration of the sentence that must be imposed in this case,James
Louis Amidei respectfully requests that the Court consider the following information in mitigation of his
sentence:
Current Posture of the Defendant
The Defendant's Response to HisStatus
On July 29, 2015, James Louis Amidei pleaded guilty to one count of deprivation of rights under
color of law. Mr. Amidei has entered into a written plea agreement with the government, and has
acknowledged responsibility for the offense as charged. He has remained completely cooperative with
the government, and has fulfilled the terms of his plea agreement. Mr. Amidei has fully come to terms
with his tremendous error in judgment since the government's case against him has come into fruition.
Mr. Amidei greatly laments his involvement in this offense, and the associated harm to the victim, aswell
as the costs and inconvenience to the government and the people of the United States.' Mr. Amidei
specifically stated:
I was emotionally down after the incident occurred. It happened about seven
months before the birth of my daughter. In hindsight, although what I did was
wrong, it may have happened to me providentially because I certainly have
1Amidei,
James. Personal interview. 26 February 2016.
1
learned much from it. When something goes wrong in your life, you start to
question your faith. But it was like being in the wrong place at the right time. It
made me question my career in law enforcement. It may be that if I had continued
in law enforcement, if not for this circumstance, I could have been shot, or worse.
So, in that way, although I committed a crime, I try to look forthe positive lessons.
Having said that, I can state that no one deserves the treatment received by the
victim. I know it was wrong. With this event happening just a few days after the
Ferguson incident, I can appreciate why some in the country don't want to trust
police, and why they resort to protest.
According to the presentence
report, Mr. Amidei made an initial appearance on January 9, 2015,
pursuant to a notice to appear, and was released on a personal recognizance bond with pretrial
supervision. Mr. Amidei has kept faith with the court's order and has fully complied with all of the terms
and conditions of his release. As of the date of sentencing, Mr. Amidei will have successfully completed
approximately nine months on pretrial supervision.
Family's Response to Defendant'S Status
Mr. Amidei's involvement in the instant offense, and his subsequent prosecution, has caused
significant emotional dislocation for his immediate and extended family members. His wife was almost
seven months pregnant at the time of the offense. While in that state, she had to endure the intrusion
into her home by federal law enforcement officers, seeking to confiscate Mr. Amidei's work phone. Mr.
Amidei and his wife had to undergo the arduous task of helping his older daughter emotionally process
the situation during the chaos associated with the official investigation. Today, the family is still reeling
from the emotional consequences of Mr. Amidei's conduct.
Collateral Consequences of the Offense
In addition to the usual consequences of incurring a felony conviction, such as the loss of certain
civil rights, such as the privilege of voting and firearms ownership, Mr. Amidei has realistically forfeited
any opportunity to resume a career in law enforcement, a career that was a lifelong objective. Mr. Amidei
and his family have been forced to incur the stigma of his being involved in this offense which was
captured on videotape for permanent looping over the Internet. In fact, Mr. Amidei's then 12-year-old
2
daughter,
who is described as timid, was forced to incur the humiliation
relentlessly inquired into the status offather's
arrest and termination
of her schoolmates,
who
from the Sheriff's Office.
The loss of Mr. Amidei's position with the Sheriff's Office caused considerable financial impacts
on the family. Mr. Amidei was forced to resign his position a day before his plea hearing, and accept
significantly lower pay as an employee
of his brother's company.
The position came with no benefits.
Although Mr. Amidei's wife had health insurance coverage on herself, and their subsequently
new-born
daughter, Mr. Amidei was forced to make out of pocket payments for health insurance for himself in the
amount of $350 per month, for at least a six month period. Additionally, when his wife gave birth to their
daughter, she remained on maternity leave for a period of 12 weeks at 60 percent of her regular salary.
This all came with Mr. Amidei's new pre-tax wages of only $20,000, in 2015. Although Mr. Amidei has
retained the full support of his wife, the circumstances
of this event placed a measure of strain on his
marriage that may require future marriage counseling.
Finally, Mr. Amidei has served as a coach of his daughter's little league softball team for the past
several years. The subject matter of his federal conviction may pose a future problem for his ability to
remain vetted to coach little league sports in the State of Florida.
Under Florida law, independent
sanctioning
to conduct
authorities
for little league sports teams are required
screenings for each athletic coach authorized
by the sanctioning
annual background
authority, to function as a coach,
assistant coach, or referee for 20 or more hours within a calendar year, whether for compensation
or as
a volunteer, for a youth athletic team based in this state.' Although Mr. Amidei's offense does not involve
the abuse of children, there is a possibility that his federal conviction may be construed in a way as to
disqualify him from future participation
2
in coaching little league softball.
Fla. Stat. Ann. § 943.0438.
3
The Nature and Circumstances
of the Offense/Factors
in Mitigation of the Offense
There are several factors in mitigation of the offense that may be pertinent to the provisions of
USSG§lBl.4 (Information to Be Used in Imposing Sentence; Selecting a Point within the Guideline Range
or Departing from the Guidelines).3 First, Mr. Amidei has no history of criminal convictions, zero criminal
history points, and a designation of criminal history category I. As a former law enforcement officer, Mr.
Amidei had no previous arrests or contact with the legal system prior to his involvement in the instant
offense.
Second, prior to the commission of the instant offense, Mr. Amidei had been a member of the
Marion County Sheriff's Office in good standing for three years. As such, his employment record was clear
of any disciplinary actions or complaints from within or without the agency. To the contrary, Mr. Amidei
had received several commendations from multiple law enforcement agencies." Mr. Amidei was one of
the least experienced officers on the team executing the arrest, and had volunteered for the duty which
occasioned his presence on the day of the assault.
Third, although the victim's rights were violated during the unlawful assault administered by some
members ofthe Marion County Sheriffs Office, Mr. Amidei did not participate in the physicalforce against
the victim. To the contrary, Mr. Amidei was noticeably in shock, initially, by the behavior of his fellow
officers, and demonstrated confusion and reluctance at the scene of the event. As reflected in Mr.
Amidei's statement to the probation office, "... [a]fter the incident, I approached a captain that was on the
scene, and explained to him that this incident was not good...." Although Mr. Amidei participated in the
lawful chase of the victim, he was able to control his emotions and adrenaline, and refrained from the
A court is not precluded from considering any information that the guidelines do not take into account in
determining a sentence within the guideline range, or from considering that information in determining whether,
and to what extent, to depart from the guidelines. USSG§lBl.4, comment. (backg'd.].
3
4
Appendix Exhibit A.
4
violence
exhibited
demonstrated
by other
of the group.
Accordingly,
on two
occasions,
Mr. Amidei
a moral restraint not exhibited by several of the other officers on the scene.
Fourth, following
pain in his shoulder.
repositioned
members
the arrest, while at his house, the victim complained that he was experiencing
In response to that situation,
Mr. Amidei
removed the victim's
handcuffs
and
them from the back to the front to afford the victim a measure of relief from some of his
pain. Furthermore,
when the victim asked if he could have a drink of water, Mr. Amidei asked the agent if
he would get the victim a serving of Gatorade.
Amidei acknowledged
During this impromptu
to the victim that the treatment
conversation with the victim, Mr.
he received was wrong.
History and Characteristics
of the Defendant
The following information regarding Mr. Amidei's history and characteristics is offered as a
supplement to the very thorough presentence investigation and report conducted by the United States
Probation Office:
Mr. Amidei's background reflects a history of overcoming obstacles on his way to responsible
adulthood.
As the presentence report reflects, Mr. Amidel's early life began inauspiciously with the
divorce of his parents when he was age three. Although Mr. Amidei reported that his childhood was
happy, he was forced to cope with relationship changes by both parents during his prepubescent and
adolescent years. As a consequence of those circumstances, Mr. Amidei was situationally exposed to
poverty and residential dislocations. With Mr. Amidei's mother having early struggles to comfortably care
for the defendant, and his father's transitory status as a truck driver, Mr. Amidei often found himself in a
form of survival mode from an emotional perspective. This orientation left Mr. Amidei with the attitude
that he "had to do everything for mvself.""
Sid. Amidei, James.
5
Although
deprived
of emotional
stability
for much of his childhood,
circumstance to develop strong personal characteristics
husband, responsible father, and a positive contributor
been married twice, and has two daughters.
for this report.
that have facilitated
to his community
Mr. Amidei
his transition
and society.
used that
into a good
Mr. Amidei has
Mr. Amidei's current wife, Jennifer Amidei, was interviewed
Ms. Amidei has been in a relationship with Mr. Amidei for 10 years, and has been married
to him for seven years. They have an infant daughter, Addalyn, who was born in February 2015.6 Addalyn
was born with pneumonia, and was in the neonatal intensive care unit for six days. This situation was
very stressful for the family both emotionally, and psychologically. In reflecting on Mr. Amidei's state of
mind during the timeframe leading up to the commission of the offense, she indicated:
We were newlyweds, having been married on September 14, 2013, we became
pregnant in May 2014. That is one of the things that spurred Jim to volunteer to
work special details to try and get ahead in his career. He did everything that he
could do that was extra. One of his experiences he had before the time of the
offense was when he tried out for the K-9 unit. He became sick during his last
tryout and couldn't complete the test. As to the nature of the offense, I know
that Jim was feeling undue pressure. Ordinarily, Jim is very relaxed and easy
going. He has a good sense of humor, and does not take himself too seriously. He
is a very involved father, and is passionate about being a girls' softball coach. Jim
helps his older daughter with her homework, and makes sure that she works
hard. He is showing her a good example by returning to college, after what has
happened to him. Jim has learned what he did wrong in failing to follow through
with the information he had. It has cost him his career, and placed him at a
vocational crossroad. Jim hasthe support of all who know him.?
All of the community agrees that Mr. Amidei is a conscientious and devoted father to his children.
Nowhere is that dedication more epitomized than in Mr. Amidei's relationship with his older daughter,
Aubrey. Aubrey is a straight A student in the eighth grade at LakeWeir Middle School, where her favorite
6
Appendix Exhibit B.
7 Arnidei, Jennifer. Personal interview.
27 March 2016.
6
subject is sclence."
She is pitcher
on the softball teams coached by her father.
Aubrey offered
the
following reflections on her father:
My dad is very hardworking
and goes above and beyond what is necessary.
He
always pushes me to do better, both in school and softball. He is always there to
help. He does everything he can; he's an ideal father. I remember one of our best
times together was when we were staying at a hotel on the beach when our
softball tournament was temporarily rained out. Dad used that opportunity to
take us to the aquarium, where we were together having fun. That was special
to rne.?
Post Offense Rehabilitation
Since his involvement in the offense, Mr. Amidei has enrolled in the College of Central Florida,
Ocala, Florida, in pursuit of a college education. His most recent period of registration is January 2016.10
The College of Central Florida has an agreement with the Southern Illinois University (SIU), Carbondale,
Illinois, and Mr. Amidei receives credit in pursuit of a Bachelor of Science degree in electronic systems
technologies from SIU. Mr. Amidei was originally accepted to SIUin 2008, but suspended his participation
to begin his career in law enforcementY
Mr. Amidei has eight courses remaining before receiving his
degree. Although education and vocational skills are not ordinarily relevant in determining whether a
departure is warranted, education and vocational skills may be relevant in determining the conditions of
probation or supervised release for rehabilitative purposes. USSG§SH1.2. Education and Vocational Skills
(Policy Statement).
8 Appendix
9 Amidei,
10
Exhibit C.
Aubrey. Personal interview. 5 April 2016.
Appendix Exhibit D.
11 Appendix
Exhibit E.
7
Community
Support
In the aftermath of his conviction in this case, Mr. Amidei continues to enjoy tremendous support
from wide and varied sectors of the community.
Several persons in the general community who are
knowledgeable of Amidei's character have written letters of support on his behalf. They are appended to
this report for the court's further conslderation.P The collective theme of their sentiments is that James
Amidei is caring, honorable, and of excellent moral character. They have used terms such as "great
person, unselfish, and compassionate." None of the letter writers indicate that they have seen anything
in Mr. Amidei's background that presents an ongoing threat to any part of the community.
There are several others who have submitted to interviews in support of Mr. Amidei. Richie Colon,
who identified himself as a Hispanic man, age 46, is a former Department of Corrections employee who
has known Mr. Amidei for approximately eight years. He is a resident of Ocala, Florida. Mr. Colon
indicated that he has a daughter, Alessandra Colon, who is the same age as Mr. Amidei's daughter, and
that he has helped Mr. Amidei coach the girls' traveling softball team for the past seven years. The
daughters began by playing I-ball together. Mr. Colon rendered the following statement of Mr. Amidei's
character:
Jim is a great person. He is a man of quiet demeanor and doesn't use curse words.
He is the kind of guy who always says 'let's find a way to make things better.' Jim
is a protector of his daughter, and doesn't have a malicious bone in his body. He
is a very level-headed person. I've worked in the prison system, and J know the
type of people who belong there; to put Jim in prison would be a terrible
disservice to him, and to society. He's is just not that type of person. Jim is
dedicated to helping young people, and the two of usjust completed a fund-raiser
for the Central Florida Blast. We raised $1,254 for the team. It's a fast-pitch
traveling softball team whose mission is to encourage girls 14 and younger, to
study hard, work hard, and play hard, thereby learning moral values along the
12 Appendix
Exhibit F.
8
I have complete and utter trust
in Jim. My daughter can spend the night at his house any tlme."
way. Jim is a coach/administrator
for the team.l]
Donald Buie, age 43, is also a resident of Ocala, Florida, and has been employed in law
enforcement for 19 years. Mr. Buie has experience on the United States Marshal's Task Force. He has
known Mr. Amidei since Mr. Amidei began his career in law enforcement. Mr. Buie stated:
Jim is a really good guy who got caught up in a situation that temporarily
challenged his judgment. I certainly don't condone the action of any of the
officers - it was wrong. I think it was largely due to the fact that he was in a new
unit, and was trying to fit in. Sometimes the psychology of those small special
units can be difficult to deal with. But he was always good to be around, and
appears to be a solid family man. I know that at the time of the incident, Jim had
just had a second child. He is a well-rounded person who got along well with all
ethnic and racial groups. I never saw him exhibit any malice toward anyone. I feel
badly for him.1s
Finally, Maverick Hampton, age 57, spoke on behalf of Mr. Amidei. Mr. Hampton is a notary public
in Ocala,Florida. Mr. Hampton indicated that Mr. Amidei and his son went to school together. He offered
the follow statement on behalf of Mr. Amidei:
Jim is a good and trustworthy person. I have known him since he was 15 years
old. Unfortunately, he was put in a situation where he perceived that he was
making the better of two bad choices in dealing with more seasoned officers. If
anything, the video shows that he wouldn't do anything wrong. I have a daughter
(Chyanana Hampton) who was murdered by a real criminal in 2010. I
recommended Jim to seek a career in law enforcement because he had the
temperament for it. He has no history of violence of any kind, and is an
emotionally stable person. I still regard him as a son, and he still looks at me as a
father figure .16
13 AppendixExhibitG.
14
Colon,Richie.Personalinterview. 16 March 2016.
15
Buie,Donald.Personalinterview.16 March 2016.
16
Hampton,Maverick.Personalinterview.15 March2016.
9
Consequently,
as indicated by those who truly know Mr. Amidei, he has been a good citizen, and
member of the community
in the Central Florida area.
Factors Militating
According to USSG §5H1.11, Military,
Contributions:
determining
in Favor of Downward
Civic, Charitable, or Public Service; Employment~Related
Record of Prior Good Works (Policy Statement),
whether
a departure
other offender characteristics,
is warranted,
Departure
military
service may be relevant
if the military service, individually
or in combination
with
is present to an unusual degree, and distinguishes the case from the typical
cases covered by the guidelines.
In this case, with exception of a period of about two years, when he
worked as an escort driver, Mr. Amidei's entire history of employment
has been divided between
honorable service of five years in the United States Navy, and his four years as a Jaw enforcement
Accordingly, at age 32, Mr. Amidei has never been unemployed.
The Navy Achievement
his
officer."?
During his service in the Navy, Mr. Amidei
was deployed for a time in South America in the service of the country.
awards and recognition:
in
Mr. Amidei received the following
Medal; the Good Conduct Award Medal; the National
Defense Service Medal; the Coast Guard Special OPs Service Ribbon; the Global War on Terrorism Service
Medal; the Navy Pistol Marksmanship
Ribbon; and the Navy Rifle Marksmanship
Ribbon
(Sharpshooter]."
Hesuffered a service-related injury, and received disability severance release pay.
According to USSG§5K2.0(a)(41.[a]n offender characteristic or other circumstance identified in
Chapter Five, Part H (Offender Characteristics), or elsewhere in the guidelines, as not ordinarily relevant
in determining whether a departure is warranted, may be relevant to this determination, only if such
U.S. v. Big Crow. 898 F.2d 1326, 1331-32 (8th Cir. 1990) (departure warranted for excellent employment record).
Although a record of employment is not ordinarily relevant in determining whether a departure is warranted, it is
not a prohibited factor, and may be used in combination with other offender characteristics, such as military service.
USSG§SH1.Sand §SK2.0(c),in a determination of whether a downward departure is warranted.
17
18 Appendix
Exhibit H. DD Form 214.
10
offender characteristic or other circumstance is present to an exceptional degree. There is a combination
of two or more offender characterlstlcs,
cases contemplated
or other circumstances, that distinguish this case from the typical
by the Sentencing Commission, that strongly suggests a downward departure from
the advisory guideline sentencing range. USSG§SK2.0(c).
First, according to the ruling in the Koon decision, the Supreme Court has affirmed downward
departures for susceptibility to abuse in prison." Mr. Amidei spent four years as a deputy sheriff's officer
serving in various capacities in law enforcement.
The existence of a video-clip of the instant offense has
led to widespread publicity contributing to the potential for moral outrage.
As of the date of sentencing,
there are more than 28/000 views of the YouTube video-clip of the victim's beating, complete with
comments from viewers such as the following direct quotes."
•
"These animals [police officers] need to be put down like the rabid dogs they are."
•
"KNOWwhere your local cops live, so when things like this happen we can visit them in the night."
•
"Dumb asses all those street cameras around this day and time. They got what
deserve ..... now lets see how he feels when those inmates get hold to that azz!!! W
•
"J would personally shoot each one of them myself for better justice. cops love the thoughts they
put in their own heads that they are above the law. And they wonder why the filthy bastards
aren't liked, orwhy people have no problem shooting them. Filthy plgsl!ll"
Consequently,
as these comments
demonstrate,
they
the impact of media and the publically expressed
sentiments strongly suggest that the possibility for retributive behavior against Mr. Amidei is genuine.
Second, on April 5,2016, a Google search alone yielded 63,000 results for the search topic, "Ocala
Police Officers Video Tape CivilRights Violations:121 The ubiquitous effect of the media further enhances
Koon v. U.S.,518 U.S.81 (1996) (no abuse of discretion to grant downward departure to police officers convicted
of civil rights violation because of vulnerability in prison).
19
20
From the World Wide Web, https:jjwww.youtube.comjwatch?v=q-aM2ct8Eeg.
21
Appendix Exhibit I. The story has also reached national attention in the print media in an article entitled, The
11
the widespread
publicity contributing
to the potential for moral outrage.
Mr. Amidei's past deployment
as a patrol officer with the Marion County Sheriff's Office, where he was responsible for the arrest and
prosecution of serious felony offenders, as well as his participation
in the fugitive apprehension unit, make
him a vulnerable
to abuse in prison, and a downward
departure
and prospective
candidate
under USSG§5K2.0 may be warranted
for susceptibility
in this case.
Statistical Information
The Sentencing Commission ("Commission") maintains statistics on a combination of variables
impacting the actual sentences imposed within the nation, the circuit, and the district, that largely define
the comparative configurations of those sentences. A synopsis of the data is instructive in determining
what constitutes a conventional range for the "heartland" of sentences imposed for particular offenses.
The Commission's statistics on below range sentences, and the degree in decrease from the advisory
guidelines range for each primary offense characteristic category, is particularly relevant. For fiscal years
2012-2014, nationally, in cases involving civil rights violations, courts imposed non-governmental
sponsored below range sentences at a rate of 34.9 percent. In those cases,the average decrease below
the advisory guideline range was 64 percent, while the median decrease was 66.7 percent. For cases in
the
11th
Circuit, the rate of below range sentences was 36.4 percent. Of those cases,the mean decrease
was just over 61 percent, against a median reduction of 66.7 percent. Comparable figures for the Middle
District of Florida were unavailable. 22
As to actual sentences imposed for casesinvolving civil rights violations, of the 15 casessentenced
nationally in FY2015,the median sentence for below range sentences based on Booker/18 U.S.c. § 3553
Conspiracy to Brutalize D. P., The Atlantic Magazine, February 1,2016.
22
Appendix Exhibit J. United States Sentencing Commission Statistics: FY2010-2012.
12
reasons was three months imprlsonment.P
This figure represents a median decrease in months from the
advisory guidellne minimum of 12 months. The median percent decrease from the guideline minimum in
terms of months was almost 83 percent. Consequently, if that percentage decrease was applied to the
applicable guideline minimum in Mr. Amidei's case, a comparable sentence would be about five months.
Although such a sentence may not represent the idealized result applicable to
IDl civil
rights violation
cases, it demonstrates that judges have found that the imposition of a remarkable percentage of
departures and/or variances, without the influence of government sponsored reasons, can be justifiably
reconciled to the overall statutory purposes of sentencing.
Mr. Amidei's Status as "True" First-Time Offender
The Sentencing Reform Act of 1984 requires that the Guidelines reflect the appropriateness of
imposing a sentence other than imprisonment for the first-time offender who has not been convicted of
a crime of violence or otherwise serious offense.24 The Sentencing Commission has determined that those
who, like Mr. Amidei, are not only first offenders under the Guidelines, but who also have no prior arrests,
are the least likely to commit further offenses. 2S They have the lowest recidivism rate at 6.8 percent, and
are described in the Commission's report as "easily the most empirically identifiable group of guideline
federal offenders who are the least likely to re-offend."26 Consequently, any consideration that the court
23
Appendix Exhibit K.ld. Commission Statistics.
24Alternative Sentencing in the Federal Criminal Justice System, from World Wide Web,
http;fjwww.ussc.gov/research_and_statistics/research_p rojects/a Iternatives/2009020206 _aIternatives.pdf,
P.4,
Jan. 2009.
25United States Sentencing Commission, Recidivism and the "First Offender" (May 2004), at 17. Available at
www.ussc.gov/publicat!Recidivism_FirstOffender.pdf. The Committee notes that there are two other groups that,
under the Guidelines, are technically first offenders: those who have arrests and no convictions, and those who have
convictions which, for one reason or another, are not counted. Both have higher recidivism rates than those who
have never been arrested.
261d. at 16-17.
13
may have regarding
most of the factors listed at 18 U.S.C. § 3553{a)(2}, such as the need to afford
adequate deterrence, is very likely sated by the fact of Mr. Amidei's status asa true first-time offender.
Factors Militating in Favor of a Variance from the Advisory Guidelines System
There are three principle reasons that a sentence outside of the advisory guideline range may be
warranted in this case. First, the sentencing guidelines encourage a downward departure for aberrant
behavior if the case meets the criteria set forth in USSG§5K2.20. Aberrant Behavior (Policy Statement).
Mr. Amidei's conduct does not rise to the level of departure consideration under this guideline because
of a single defect - that his conduct was not limited to "a single criminal occurrence or single criminal
transaction" as required under the guideline." This was evidenced by the fact that Mr. Amidei initially
falsified his arrest report, and subsequently gave false statements to the FDLE. If not for Mr. Amidei
repeating this behavior, he would arguably otherwise qualify for departure consideration based on
aberrant behavior.
Of particular importance in this connection is the fact that the predominant element contained in
the offense of conviction, concerns itself mostly with Mr. Amidei's failure to intervene in the use of
unreasonable force by "Marion County Sheriff's Deputies."28 None of the elements of the offense of
conviction addressesMr. Amidei's making false statements about the event. Consequently, his connection
to the assault of the victim comes by way of the provisions of relevant conduct; ~
"all acts and omissions
committed, aided, abetted, counseled, commanded, induced, procured, or willfully caused by the
The other requirements for the application of aberrant behavior that Mr. Amidei would meet are if the crime: (l)
was committed without significant planning; (2) was of limited duration; and (3) represents a marked deviation by
the defendant from an otherwise law-abiding life. USSG§5K2.20(b).
27
28 According to the plea agreement, the third element of the count of conviction indicates that the defendant
deprived D.P.of a constitutional right to be "( ...J free from unreasonable force. In this case, the Information charges
that the defendant violated D.P:s right to be free from an unreasonable seizure because (1) Marion County Sheriffs
Deputies used unreasonable force against D.P.; (2) the defendant knew force used by Marion County Sheriffs
Deputies against D.P.was unreasonable; and (3) the defendant failed to intervene despite the opportunity to do so.
14
defendant, that occurred during the commission of the offense of conviction, in preparation
offense, or in the course
of attempting
to avoid detection
or responsibility
for that
for that offense.'?"
Accordingly, it may be argued that Mr. Amidei's case "almost" rises to the level of aberrant behavior
because he fails to meet the criteria because he is being held accountable for the behavior of others whose
Since the advisory guideline imprisonment
range does not take this factor
under the guidelines would produce a sentence
that is greater than necessary
conduct he may have abetted.
into account, a sentence
according to the provisions of 18 U.S.C. § 3553.
Second, concerning
the need for the sentence
to reflect the seriousness
of the offense, to
promote respect for the law, and to provide just punishment for the offense, a sentence of incarceration
would possibly provide a perverse incentive for drug dealers to disrespect and break drug trafficking laws,
knowing that law enforcement
efforts would likely be overly deterred from pursuing or detaining those
offenders. Given the defendant's
in the offense, and his continued
extreme remorse, his status as arguably the least culpable participants
cooperation
with the government,
a sentence
under the advisory
guideline system would produce a sentence that is greater than necessary according to the provisions of
18 U.S.C. § 3553.
Third, the history and characteristics of Mr. Amidei, as evidenced by a reiteration of the facts and
circumstances in support of a downward departure,
guidelines system.
militate in favor of a sentence outside of the advisory
Mr. Amidei is the father of two minor daughters,
whom he has always faithfully
supported, and whose lives he has been inextricably involved. The importance of these circumstances are
reinforced by Mr. Amidei's status as a true first-time offender, following a good career in law enforcement,
and honorable
service in the military.
Mr. Amidei is virtually assured
of not reoffending.
The
circumstances of the offense would preclude such a possibility. Therefore, it is anticipated that a sentence
29
USSG§lBl.3{a)(1)(A). Relevant Conduct (Factors that Determine the Guideline Range).
15
in the alternative to imprisonment
is sufficient
to satisfy all of the purposes of 18 U.S.C. 3553(a)(2)(A}(1)-
(7).
Alternatives to Incarceration
Although the advisory guidelines recommend against sentencing alternatives to imprisonment
because the advisory guideline range falls within Zone D of the sentencing table, a term of probation is
not precluded by statute.
Likewise, the use of a sentence with home detention as an intermediate
sanction is not precluded by statute. Basedon a review of the nature and circumstances of the offense,
as well as the history and characteristics of Mr. Amidei, his status as a true first-time offender merits
strong consideration in this case.
Should the court conclude that either a downward departure, or a variance from the advisory
guidelines system, or both, is warranted, alternatives to imprisonment may range from a sentence of
"straight" probation, with appropriate special conditions, to probation with appropriate term of home
detention, to a sentence of time-served, to be followed by an appropriate period of time on supervised
release.3D It is anticipated that Mr. Amidei's status asa first-time offender, his failure to participate in the
violence associated with the offense, and exceptional work history would suggestthat any of these viable
alternatives to imprisonment - especially a sentence of probation -- are warranted in this case.
Stakeholders Attitudes toward Sentencing Mitigation
A number of stakeholders in the federal criminal justice system are amenable to the consideration
of a wider spectrum of factors that courts should consider at sentencing. In the Sentencing Commission's
The Comprehensive Crime Control Act of 1984 makes probation a sentence in and of itself. 18 U.S.C.§ 3561.
Probation may be used as an alternative to incarceration, provided that the terms and conditions of probation can
be fashioned so as to meet fully the statutory purposes of sentencing, including promoting respect for law, providing
just punishment for the offense, achieving general deterrence, and protecting the public from further crimes by the
defendant. USSGCh.S, Pt. 8, intro. comment.
3D
16
2010 survey on the attitudes of United States District Judges, the jurists responded to questions pertinent
to the factors in mitigation
in this case.
31
First, the commission found that with respect to the issue of family ties and responsibilities, 62
percent of the judges affirmed that this factor is ordinarily relevant to departure and/or variance
consideration.
Only two percent of the jurists opined that this consideration was never relevant to
sentencing. As reflected earlier in this report, Mr. Amidei has a wife and two minor daughters, and has
always diligently supported them.
Second, regarding the presence in the case of post-offense rehabilitative efforts, 70 percent of
judges opined that this factor is ordinarily relevant to below guideline range sentences against only one
percent who felt that such efforts were never relevant. In the aftermath of the offense, Mr. Amidei has
been constructively engaging in efforts at self-improvement, asevidenced by his resumption of hiscollege
education.
Third, with respect to a defendant's employment record. 65 percent of the judges found that this
factor is ordinarily relevant, while only two percent opined otherwise. Prior to his involvement in the
offense, Mr. Amidei was in good standing during a four-year career as a law enforcement officer. His law
enforcement career was preceded by honorable service in the military.
Fourth, asto the aspect of aberrant behavior. 74 percent of the jurists found that this feature of
a defendant's behavior is ordinarily relevant to sentences below the advisory guideline range. Only one
percent of judges felt that this factor is never relevant. Prior to the instant offense, Mr. Amidei lived an
otherwise law-abiding life, making positive contributions to the community.
Last, as to the undue influence related to affection, relationship, or fear of other offenders, 68
percent of judges believe that such pressures should be relevant at sentencing, as opposed to three
31 Appendix
Exhibit L. Judge's Survey, Question 13, from the World Wide Web: http://www.ussc.gov/research.
17
percent who would disallow such considerations
from departure
of variance consideration.
During the
commission of the offense, Mr. Amidei had only been on the job for three years, and was among the least
experienced officers responding to the scene of the event. Mr. Amidei was uncomfortable
the true nature of the circumstances
his aspirations for career promotion
Consequently,
the consideration
of characteristics
of the victim's beating, largely due to a sense of peer pressure, and
to the level of the main perpetrators
a consistently
communicating
of the assault.
substantial percentage of judicial officers expressed agreement with
present in Mr. Amidei's case for purposes of departures and variances.
In a past speech, former Attorney General Eric Holder echoed the sentiments
of the judges. The
following is excerpted from his speech:
The
Department
Congressional
of Justice
leaders,
is determined
judges,
to
law enforcement
continue
officials,
working
alongside
and independent
groups - like the American Bar Association - to study the unintended collateral
consequences of certain convictions;
to address unwarranted
sentencing
disparities; and - where appropriate - to explore ways to give judges more
flexibility
in determining
certain sentences.
Too many people go to too many
prisons for far too long for no good law enforcement
Finally, The Sentencing
challenges the futility
Project, a research and advocacy reform group
and inappropriateness
goals of societal well-being
reason."
of indiscriminate
incarceration
in Washington,
D.C.,
to achieve the legitimate
by positing the following view:
The United States is the world's leader in incarceration
with 2.2 million people
currently in the nation's prisons or jails -- a 500 percent increase over the past
thirty years. These trends have resulted in prison overcrowding and state
governments being overwhelmed by the burden of funding a rapidly expanding
penal system, despite increasing evidence that large-scale incarceration
most effective means of achieving public
is not the
safetv."
Attorney General Eric Holder's Speech at the 15th Annual National Action Network Convention, 14 April 2013, from
World Wide Web: http://www.justice.gov.
32
33
The Sentencing Project: Incarceration, from World Wide Web: http://www.sentencing
18
project.erg.
Accordingly,
a wide range of responsible
should apply the rule of parsimony
participants
agree that whenever
and exercise a bias toward
practicable,
courts
imposing the least onerous sentence
possible under the law.
Conclusion
In consideration of the forgoing discussion and analysis, there is ample evidence in mitigation to
allow the Court to fashion a sentence either in departure, or at variance. or both. from the advisory
guidelines system. This position is particularly supported by the fact that a term of probation, and the
fact that a felony conviction would preclude the defendant from resuming his duties in law enforcement,
is sufficient to satisfy each of the statutory purposes of sentencing. Mr. Amidei thanks the Court for its
time and consideration in reviewing this report. Mr. Amidei respectfully requests that the Court utilize
this information to impose a sentence that is "sufficient but not greater than necessary" under the
circumstances of this case.
19
The forgoing comprehensive
sentencing
mitigation
report has been prepared on behalf of the
Defendant at the request of defense counsel, and is submitted in support of sentencing on April 20, 2016,
before the Honorable Wm. Terrell Hodges, Senior United States District Judge in the United States District
Court, Ocala Division.
Respectfully submitted,
lsi Carlos
R. Dawson
Carlos R. Dawson
Sentencing Mitigation Consultant
The Cord Strategies Group, LLC
5252 Clapboard Creek Drive
Jacksonville, FL32226
(904) 910-5059
(904) 696-1111 fax
e-mail: [email protected]
20
EXHIBIT F
October 08, 2015
Dear Honorable William Terrell Hodges,
Please allow this letter to act
as my
testimony to the many fine qualities of Jim Amidei, whom I have
known for several years. Our friendship began in the Law Enforcement community but quickly grew
beyond the scope of our employment.
Jim has proven himself to be a trustworthy
and honorable
person who takes pride in his work and his friends.
I have had the chance to get to know Jim, and! say with no hesitation that that he is one of the finest
people I have ever had the opportunity
to work beside. Jim is a selfless individual who has been
tarnished by the actions of a few that I would not extend this same letter to. I have been in similar
situations, as the one being investigated, with Jim and the outcome was completely different.
Though
the use of force was never questioned the opportunity was present, however it was Jim who kept a level
head and defused the situation that ultimately resulted in the capture of a fleeing felon.
Sir, in the law enforcement community there is a brotherhood.
My friend Jim will stand before your
court and take his punishment on the chin because, as I said, he is honorable.
account that many see Jim as a victim.
However, please take into
If ever there was a definition of being in the wrong place at the
wrong time with the wrong people then this would be it. Jim was let down by the people who we are
taught to trust only by their uniform not their character. Jim was placed between a rock and a hard
place and may have made a bad choice, however one decision should not define a man.
Sir I have no doubt about Jim and his ability to continue to be a positive member of our community.
just pray that, with your mercy, he will be given an opportunity
good friend, father and husband.
Thank you,
~~~.~~\.
Joseph Richmond Tussey Jr.
to remain in our community
to be a
October 17, 2015
To The Honorable William Terrell Hodges,
I am writing this letter because James Amide; has asked me to provide a character reference on
his behalf. ! met James through my husband because they served in the US Navy together. James has
been a friend of my husband for the last 14 years and! personally met him when they were both
stationed in Jacksonville 10 years ago. Because I have known him for 10 years, I feel qualified to speak
about his character.
When we very first met I was introduced to James through his generosity. At the time we met,
my husband had just come to Jacksonville as his first duty station. James was already here with his wife
and daughter. James often opened his home to my husband so that he had a friend to be with in a new
place. He even gave him his car on a regular basis so that he had something to drive when needed. This
was just the first time I was able to see how generous James c could be and has continued to be for 10
years now.
James Is also someone that my husband and I trust that I can count on for support when he Is
deployed. Being that my husband is still active duty in the Navy, he is often away for long periods of
time. That leaves me in Jacksonville without my family or husband. James is someone that I have often
called when I needed support or help while my husband Wasaway. He was taking some college courses
in Jacksonville and would sometimes just stop by to check in on me and make sure r was safe and didn't
need anything while he was available.
James is also a loyal friend. In the military you are often separated from your friends. It is very
ea~ to lose touch, yet he has stood by us through many duty stations. He has done his best to come to
each place we are stationed to visit.
James has also shown over and over again that he is a responsible and loving father.! have been
around James with his oldest daughter often and even though he Is divorced from his first Wife,he has
still been very involved with her life.
I felt honored to be asked to provide this character reference. I hope that the information I
provided gives more insight to what an exceptional individual James Ameidi really is. If' can be of
further assistance, please call me at 904-923-4781 or contact me by email [email protected].
Sincerely,
~1&JdtA
Brittany Barbatelli
The Honorable William Terrell Hodges,
My name is Michael Floyd Bullard. J am a former member of the United States Marine
Corp, and am currently a Firefighter/ Paramedic with the City of Ocala. This letter is a personal
testament to the upstanding character to which James Amidei has continually shown over the
course of the time thai I have known him. I first met James in 1998 during my freshman year of
high school. All those who are close to James refer to him as Jim as I will do hence forward.
Even at a young age Jim has always been a good person. Jim was a leader on our football team
setting a positive example and influence for all his peers around him including myself. After
high school Jim went off as a member of the United States Navy once again showing his
commitment and caring for others. Upon return from his time in the Navy from which he had
received an honorable medical discharge Jim returned horne to Ocala. Since his time home Jim
has become an extended member of my family that was even a part of my wedding as I was in
his. My wife, my children, and I hold Jim and his immediate family in high regard. Jim has on
countless occasions demonstrated unselfish acts putting others needs and/or wishes before his
own. Jim has helped me numerous times when I was in need whether it was something that was
easy as borrowing a simple 1001 to watching my children at the last minute in the case of an
emergency. Never once in the entire time of knowing him for the past seventeen years has Jim
ever let me down or shown any type of negative character. Jim is the epitome of a great friend, a
great husband, and a fantastic father. Jim is one of the few people in this entire world that I feel
comfortable caring for my children in any situation. Jim is kind, caring, honorable, committed,
driven, and compassionate to all those around him. In closing, I would say that James Louis
Amidei is not only one of the best men I knov....he is one of my personal best friends someone
whom I would entrust my life. A friend that is more than a friend he is my brother. J hope that
is some way this testament has opened your eyes into the type of person that Jim is. If your
Honor or anyone else has any questions regarding James Louis Amidei feel free to contact me at
any time at (352)203-9339. Thank you for your time.
Sincerely
Michael Bullard
I write you today to give you a positive character reference for James Amidei. I have known
James for about 20 years we attended the same high school and middle school. We have
maintained contact as our professional careers developed. What I can tell you about him is he is
a great person and adds value to society in a positive way. I have played team sports with him
where he demonstrated ethical behavior, excellent attitude, and hard work. I have also
vacationed with James and again he again showed the behavior of someone you would want as
a friend. I do understand James has had some transgression of the late. I would like you to
consider this not being reflective of James or any behavior that I have experienced with James. I
do know that punishment received so far is more then enough for a lesson learned. I know
when his case is closed he will be someone we are proud of and continue to contribute to
society in a positive way. Should you need more information please contact me. Thank you sir.
Jagdesh Rupnarain
VP of Purchasing AWH
352-216-3755
Jennifer Amidei
29 Fir Road
Ocala, FL - 34472
Phone No: 352-427-0696
October 9, 2015
Re: Character reference for James Amidei
The Honorable Judge William Terrell Hodges
This letter is being written by the undersigned on behalf of James Amidei who is being sentenced for his
defamation of rights under the color of law charge. I Jennifer Amidei, have known James for over ten
years now, I which we have been married for over two years.
Jamesis, in short, is a great person. He hasalways been kind and generouswith others. Hehas a strong
sense of duty, which applied to his job when he servedin the USNavy,asa law Enforcement Officer, to
his family, and community. He also possessesa great deal of integrity, and constantly strives to make
sure he is doing the right thing.
I understand the situation in which he hasplead guilty. I do believeJameswas faced with a strong
challengethat day serving as law Enforcement Officer however I do not believehis actions were due to
bad influence or representative of his character and how he lives his life day to day. Actions of other
leaders lead him down the wrong path thus causingwrong action on his part.
Sincethe incident James has re-enrolled in college to begin a new career. Heunderstands how
important it is to maintain moving forward with his life and providing for his family. He understands
what he ultimately did wrong that day and in turn it reshaped his entire career path.
Becauseprobation is a possibility in this caseI believe that would be best served. I do not think society
would benefit from sending Jamesto prison. A prison sentence would be detrimental to all concerned.
Jamesis key member in our family, not only providing strong support to me but his two daughters,
Addalyn (8 months) and Aubrey (13 yrs.). Jamesis very actively involved in both of their lives. He
regularly helps out as a volunteer softball coach when possibleaswell.
It must be difficult for you to make decisionslike this when you don't actually know the person standing
in front of you, so I hope you will look at my letter and the others you're receiving,and understand that
Jamesis the kind of person around whom people rally. That hasto saysomething, so please let that be
a factor in your decision.
RespectfullyYours,
Jennifer Amidei
To:
Sir, I am writing this letter in reference to my long time friend Jim Amidei. I know
that your time is very valuable so i will keep this short and to the point. I have
known Jim for over 15 years. We met at lake Weir High School in 11th grade and
have been close friends ever since. I have always known Jim to be a caring, honest
and upstanding man. He is and has always been like family to me. He is the kind of
guy that would give you the shirt off of his back jf you needed it. His service to all
of us in this great country and then later, our county gives you a small idea of the
selflessness and courage that is in his heart. He is truly one of the best people that
I've ever known, and I am honored to have him as a friend. I really cant express in
a letter how great of a person that Jim really is. I am pleading to you to please
take this into consideration so that one mistake, although a very serious one,
wont ruin the life of a great man, father, husband and friend. Thank you.
Yours Truly,
Matthew F. Formant-Maio
25 Pecan PassTrl.
Ocala, FL34472
352-502-6568
October 10, 2015
Re: James Amidei - Character Reference Letter
To: The Honorable Judge William Terrell Hodges
My name is Jayme Head. Iam James Arnidei's mother. I have previously been a Senior Project Accountant and
Notary Public, State of Florida. Due to the devastation to my family, 1 am now a part-time book keeper so that]
am available for my family, especially my grandchildren as needed. OUTfamily is very close and we are always
in communication either by phone or at each others homes.
James Amidei was a born leader. He learned everything fast, when he started kindergarten he became bored as
he knew everything being taught, his teacher made him, her "assistant" which helped him to gain interest and
helped the other children. He always did great in school and had excellent grades.
James always looked out for his little brother and was very protective of him. He is a very responsible man. In
high school he became captain of his football team, worked part time jobs and kept his grades at the top. He
graduated and within that following summer, got married and went off into the Navy. 4 years later he left the
Navy with an honorable discharge. He went back to work and school and still always had time for his daughter.
He excelled again and became a deputy with the Marion County Sheriff's department and with in a couple of
years was I of 5 deputies selected out of over 100 deputies for the Fugitive Apprehension Unit. He loved his job
and wanted to advance to K-9 unit. He volunteered and took as many details as he could. He had a baby on the
way.
As a father, James has been the upmost respectable man. He has always changed diapers; he was there when the
baby's were born. The children always have the medical and essentials needed regardless of cast. His oldest
daughter has braces and glasses. She is a pitcher for a traveling softball learn. which James assists as a coach
when he can. He makes sure she is at all of her tournaments and practice's and has her in pitching lessons. Her
grades are excellent and she is in advanced classes. He is a great family man; he spends as much time with his
family as he can. At anytime there is a family emergency, James is always there and making sure everyone
knows. He is always getting the family together for holidays and such. He has never missed my Birthday or
Mothers Day, even while in the Navy, ] would at least gel a card.
James had pleaded guilty to Deprivation of rights under the color of law. He volunteered to help the other units
to capture a drug dealer. According to the news/media my son didn't stop the other officer's in what they did.
Our whole life's we have been taught to respect and obey authority, such as his senior officers he worked with
that day. What would anyone do in a situation as such? We are not supposed to tell our superiors what to do or
how to do their jobs. After working his whole life towards his dream, it has now been shattered and he has to
start all over. I know, he knows what he did was wrong. He regrets that day and jfhe could do it over he would.
It seems as if a part of him is missing now. He is back in school and working full time.
James is a very trustworthy, respectable person, with high values, integrity and morals. His credentials from the
Navy and Sheriffs department are impeccable.
If you have any questions or need anything further, please feel free to call me at: 352-497-3413.
Sincerely,
J~H~
Jayme Head
3612 SE 33,d Avenue
Ocala, FL 34471
Bruce Head
3612 SE33'0 Avenue
Ocala, FL - 34471
Phone No: 407-947-1031
October 9,2015
Re: Character reference for James Amidei
The Honorable Judge William Terrell Hodges
1 am writing this letter on behalf of James Amidei who will appear before you in the near future for
sentencing.
I have known Jim for 17 years and became his step father 12 }S years ago. Even as a teenager Jim had a
set of values that were based on doing the right thing. He enllsted in the US Navy to serve his country
and as a first step to achieving his dream of becoming a law enforcement officer. After his honorable
discharge from the navy he worked hard to receive his accreditation to become a police officer and
eventually became a Marion County Deputy Sherriff. His sense of duty, honor and integrity was the
driving force of this chosen path.
I do not know all of the facts of the case or the basis of law of the charge he has plead guilty to. I know
that probation is a possible sentence and would suggest this would be a true service of justice in this
case. Jim was a junior deputy on this detail that he volunteered for and I feel that the seniority of the
other officers led him to make the decisions that he made. These decisions were not representative of
the man he is or the morals and values he carries within.
Jim has re-enrolled in college to pursue a new career to provide for his wife and two daughters, the
youngest being 8 months old. He is a good and active father in both of their lives, a good son and a good
member of our community. He has lost his because of this bad decision and I feel a prison sentence
would be devastating for his family, myself included, and a great loss to the community.
As the judge in this case, you, and you alone have the authority and the power to withhold an
adjudication of guilt to keep him from becoming a convicted felon. In to day's SOciety, that stigma
creates many obstacles for gaining employment and so many other aspects of everyday life. I ask you to
consider this in your decision. He has lost his career dream because of a bad decision that was
influenced by others. 1 implore you not to destroy the rest of his life for it.
Respectfully
Bruce Head
Director of Estimating
Forum Construction Group, Inc.
Sanford, FL
EXHIBIT G
Case 5:15-cr-00035-WTH-PRL
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EXHIBIT H
CAUTlON: NOT TO BE USED FOR
IDENTfRCATION PURPOSES
THIS IS AN IMPORTANT RECORD.
SAFEGUARD IT
ANY AlTERATIONS
IN SHADED AREAS
RENDER FORM VOID
CERTIACATE OF RELEASE OR DISCHARGE FROM ACTIVE DUTY
1. NAME
(lMt, Rm, Middle)
AMIDEI, JAMES LOUIS
lb. PAYG~E
4a. GRADE,RATEOR RANK
FC3
f NAVY-USN
2. DEPARTMENT,COMPONENTAND BRANCH
5. DATEOF BIRTH(YYYYMMDD)
19830610
3. SOCIAL SECURI1'YNUMBER
I 36
590
I 0342
16. RESERVEOBLIGATION
TERMINATION DATE
NA
(YYYYMMOO)
7a. PLACEOF ENTRYINTO ACTIVE DUTY
b. HOME OF RECORDAT TIME OF ENTRY (City and state, or complete address if known)
JACKSONVll..LE, FL
528 SPRINGS LAKE ROAD
OCALA. FL 34472
Sa. lAST DUTY ASSIGNMENT AND MAJOR COMMAND
b. STATION WHERESEPARATED
NAS JAX AIMD JACKSONVILLE. H..
TPU PERSUPPDBT JACKSONVn..LE, FL
9. COMMAND TO WHICH'TRANSFERRED
NAVAL RESERVE PERSONNEL CENTER, NEW ORLEANS, LA 70149
11. PRIMARYSPEClALlY
specialty.
un .dditionel
fUst numbe" title and )'Ani .nd trIOntll. in
specielty numbfJltIlInd titI.. lnvoMng periOfb of
12. RECORDOF SERVICE
one or mOtif vesrs.)
FC-1121-AUTOMATICGUNFIIRECONrROLSYSTEMS
TECHNICIAN. 03YRS OlMOS
xx
XXXXXXXXXXXXXXXXXXX)lAAAA~AXA
XAAA~,
xx
x
XXXX
XAX
AA
XX~XXXXXXXXXXAXAXAX
.. Dot.~ ENTERED NJTHIS PERlDD
b. SEPARAnON DATEnas PERIOD
Co NET ACnVE &EIMCE lHIS PERIOD
II.TOTAL PRIORACTIVE SEIMCE
.. TOTAL PRJOR INACT'IVESSMCE
f. FOREIGN SERVICE
g.SEASSMCE
II.EFFfCllVE DATE OF PAY GRADE
10. SGU COVERAW:Joo:driONE
AMOUNT: $400.
.
YEAR(S) MONTHIs) DAVIS)
01
23
JUL
06
04
00
00
00
01
MAR
07
14
22
00
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EXHIBIT I
Derrick Price, Sheriff Ed Dean. and Abusive Poncmg m Ul,;Cua.
nvuuu. -
£U~.
~.
•__
I1tlantic
The Conspiracy to Brutalize Derrick Price
A Florida man was accused of resisting arrest-but surveutance footage of
the five cops who nabbed him tells a different story.
CONOR
FRIEDERSDORF
FEB 1, 201&
I
POLITICS
In the summer of 2014, an article on a drug bust in Florida's Ocala Post
noted the arrest of Derrick Price, 43, on charges of armed drug trafficking,
drug possession, and resisting arrest. The accompanying photograph
showed a table full of drugs and guns. It's the sort of case where few are
inclined to question the official narrative, and body-camera footage
http://www.theatlantic.comlpoliticslarchive/20
16/02lthe~conspiracy-to-brutalize-denick -pr... 4111/2016
Case 5:15-cr-00035-WTH-PRL
Document
37in Ocala.
Filed 04/13/16
39 of 65 PageID
164
Derrick
Price, Sheriff Ed Dean. and Abusive
Policing
Florida - ThePage
Atlantic
Page 2 of4
seemed to confirm that the suspect had resisted. It's very shaky and
doesn't quite capture the man on the ground, but there's a lot of
commotion and a bunch of cops repeatedly shouting, "Stop resisting! Stop
resisting! "
Now watch the mashup below. The first video is from that police officer's
body camera. Afterward is the same incident as captured by a private
surveillance camera:
Award wmruno Honda r1eputy lnrnrted Tal Beating Nor.·Re::a ..;tl...
The cops engaged in fakery.
The suspect's peaceful surrender was clear as could be. The shouts about
resisting arrest were misdirection, whether for potential bystanders or for
whoever might review the body camera footage. Absent the private video,
a conviction on the charge of resisting arrest would've been a real
possibility-most
juries tend to believe police, particularly when five cops
http://www.theatlantic.com/politics/archiveI20
16/02/the-conspiracy-to-brutalize-derrick -pr.;
411112016
Case Price.
5:15-cr-00035-WTH-PRL
Document
Filed 04/13/16
40 of 65 PageID
165
Derrick
Sheriff Ed Dean, and Abusive
Policing37in Ocala,
Florida - ThePage
Atlantic
Page 3 of4
tell the same story and video footage appears to back it. The cops certainly
wouldn't have been charged with crimes.
Yet they were lying criminals. Four pleaded guilty to federal charges of
violating Price's civil rights. "The abusive and unprofessional actions they
displayed shocked me to my core, n Marion County Sheriff Chris Blair told
Reuters. A fifth, indicted for standing by during the incident, claims that
he is innocent and is fighting in court. All five officers were veterans. What
are the odds that this is the first time a cop in that department needlessly
brutalized a suspect or allowed a colleague to do so?
State Attomey Brad King thinks that they're slim, despite the fact that
Sheriff Blair quickly fired the offending cops and reported them to the FBI
in this instance.
As the local newspaper puts it:
King is alleging that ... there are other cases of suspected abuse,
falsified reports and other improprieties ... Certainly this is a
problem for Blair, who has been accused of cowboy tactics in
the past by King and others. But it is also a problem for King,
who must prosecute the cases Blair's deputies bring to his
office, and if there is reasonable doubt as to not only the
suspect's guilt, but the integrity of the investigation itself,
getting criminals off the street permanently is at risk.
The two reportedly don't get along. "While Blair was head of the Major
Crimes Unit under fanner Sheriff Ed Dean, King protested his tactics and
techniques to the point he insisted Dean allow one of his assistants to
http://www.theatlantic.comlpoliticslarchive/20 16/02/the-conspiracy -to-brutalize-derrick -pr... 4111/2016
Derrick Price, Sheriff Ed Dean. and Abusive Policing in Ocala, Florida - The Atlantic
Page 4 of4
monitor Blair's cases," the Ocala Star Banner editorializes. "When Blair
ran for sheriff in 2012, the normally reticent King came out and
questioned his fitness to be sheriff based on that history."
The lessons are the same ones that video footage has taught in police
departments around the country: Neither the truthfulness nor the good
behavior of police officers can be presumed; some nwnber of cops will
perpetrate criminal assaults if they aren't watched closely, and many of
their colleagues would sooner bite their tongues or lie to cover up for
criminal misbehavior than violate the blue code of silence. Body cameras
aren't a cure-all, but they help, especially if all officers are wearing them
and the full footage is reviewed closely by overseers whenever force is
used. And when flagrant abuse is discovered, there have almost always
been warning signs along the way.
ABOUT
r
THE AUTHOR
CON 0 R FR lED E RS D0 R F 15 a staff writer at The Atlantic, where he focuses on politics
and national affairs. He lives in Venice. California. and Is the founding editor of The
Best of Journalism, a newsletter devoted to exceptional nonfiction.
W Twitter
~ Email
http://www.theatiantic.com/politics/archive!20 16/02/the-conspiracy~to-brutalize-derrick-pr...
411112016
EXHIBIT J
BELOW Rt\NGE
OFFENDERS
CASES: DEGREE
IN EACH PRIMARY
01-' DECREASE
OFFENSE
FOR
CATEGORY
I
FiscaJ Years: 2012-2014
NON-GOVERNMENT
SPONSORED
BELOW RANGE
GOVERNMENT SPONSORED
BELOW RANGE
Mean
PRIMARY OFFENSE
N
TOTAL
Murdrr
Manslaughter
Median
Mean
Pereeat
Paunt
Decrease
Rate
Decrease
Median
Percent
Decrease
235.428
2I7
16'.2
18.7
291
48.0
34.0
41.7
19.3
45.9
30.0
11.9
28.0
2S 9
5.6
50.6
38.2
36.3
40.0
388
19.8
17 1
182
2~.9
33.3
44.4
36.2
499
U8
50.0
43.2
50.0
100.0
38.0
50.0
15.4
139
31.Z
471
40.7
534
40.2
51.7
43.8
218
Kidnappin&IHostBv TakinE
SnullllAbuse
1396
ASSBUH
2,]24
2.463
170
Robbery
Arson
Drugs - Trafficking
Drup - CommuoKation
Pereent
Dr<'reau
Ratt
Facility
Drugs - Simple Posse5lJion
Firearms
BurgiarylB& E
AutoThd't
68.253
40.9
1,129
4,351
24,061
134
25.3
0.5
18.1
95
21.4
3.980
10.6
116
Laueny
23.171
Fraud
Embezzlement
Foreery/Couotmeitin&
Bribecy
249
988
9.9
2.312
723
13 I
333.
Tu
1.863
Monry Laundrriog
Racketfering/.E:Ktortion
2.,530
21.8
382
2.642
230a
31 2
29]
166
73,077
5,858
1.277
31 9
293
193
93
15.4
GamblinglLotter)'
Cjvil Righu
Immigration
Child Pomography
Prison Offenses
Administration of Justice OfTmSfS
EnvironmentallW'ildlife
National Dd'I!IJ!le
Antitrust
Food & Drug
Other :Mlsc:eIlaneousOffenSe!
3,943
527
347
55
133
6,677
_e
I Of iIIc 240.044 mao H,II>
ewIucIcd clue 10 miumaboo lila! ~
01 \·,tnable'II!1Odin thi~ table _ pnwok4l In .\f'I"I'd" -\
21 1
41 2
65 S
112
11 7
5.2 3
47.2
58.0
89.9
4S 0
442
24.5
17.8
]93
236
)47
26.1
323
33.8
38.1
58.1
0.8
812
390
59.4
78.9
59.0
72.7
63.5
64.2
72.7
21.5
519
52.9
20.8
24.1
12.4
75.3
669
75.3
60.3
70.2
79.1
65.6
49.5
932.
100.0
21.6
69.2
25.9
30.4
21.5
32.4
43.4
27.9
66.6
39.9
428
460
73.6
931
57.7
69.8
806
677
m.... ng from Ibe submlltcd d"cllm«lI!.IbII1'f~lII1cd
99.9
55.4
700
100.0
64.4
55.3
59.1
44.4
100.0
635
34.8
22.3
25.2
34.9
122
39.1
89.0
64.0
41.4
40.4
45.1
42.4
40.0
47,2
99.S
13.7
229
100.0
194
54.3
72.4
22.8
998
16.3
63.3
84.0
503
73.8
79.9
750
142
692
lire t_pc"naI ofillc
20.0
_'c:nce &Dd
tile guideline r~
36.1
35.8
29.7
205
31.0
500
100.0
26.7
538
471
100.0
538
99.6
66.7
600
99.8
55.5
33.2
100.0
66.7
,34.8
38.5
38.8
60.0
1000
478
73 J
99.6
891
I~JI'II.IlII'
b.:I,,,.
: Of lite 11~7n o:.ua _laII:cd
III.: (IUlddme rllfll'':' lo7.~ij7cue. hAd,·,),UP/d. ~u,doll!'"IppIJ
...b"" InfunnaboJQ IJu.: Iu &II ,".b,h~ Il> .:&I.:ullledw: c"""'" of cIqtatIIIte fIX ~
1',111I
I!IlIdclinc lIlan_
ofli~ III oddi_1
5~Z ~
were &.]"" excluded ~
ll"' I,hl-; fUt1hamJn, """ ...... _. c'l:tbldcd due: II, -'"
I,*l<a! trilcrilt.. Oflbc: ~
106.9~ ~
111_
e>rlPdcd d"" to rnis.<mpsentence mIilnnabllII
:-.;"'" tbaJ It... inf....,.1im ~ad
III dul lable does mdlllk .... bIc es uf pruIoolI.n hoi dt_ DOlmel""" any r= of aJ_b\'e
ClOOfJOClJlllOr'"
dcaibcd in uss H ~~Cl I
~Ol 'RCF llu, wu ....1I.hh:al u'1J18~!
. s s.:nICll<:'1IiC'lIDD'I...
M... ·'
Inlcnch\c SI-.un:dKd. (,"" u....
S"'. u'108dII! C.ilInh",,,,,·,r....... ~.:ar 2Ol2·2ul4
I'lltalilc: .. 1'SS<.'F'Y2012·''SSCFY20I~
BELOW RANGE CASES: DEGREE OF DECREASE FOR
OFFENDERS IN EACH PRIMARY OFFENSE CATEGORY
Fiscal Years: 1012-1014
Circuit:
Il tb Circuit
NON~GOVEJlNM~'T
SPONSORED
BELOW RANGE
BEWWRANGE
PRIMARY OFFENSE
TOTAL
Murder
MansIBupter
.KidnappingIHostage Taking
Se:lual Abuse
A1I8u1t
Robbery
Arson
Drup • Tramcking
Drugs - Communication Farility
Drugs· Simpl" Possrssion
Firearms
BurglArylB&E
AutoThert
Larceny
Fraud
Embe:zzJemeot
Forgery/Counterfeiting
Briber,..
N
20,284
2Z
Rate
19.6
182.
Mean
Percent
M~ian
Percent
Decrease
Decrease
48.1
Mean
Percent
Rate
41.4
Decrease
Median
Percent
Deerealle
l.Z.~
136
42.9
326
33.2
37.5
61.0
24.0
31.4
33.1
37.2
1000
35.0
24 1
19.6
400
0
1
500
171
91
14.6
7.7
37.4
797
362
91.7
14.0
16.5
:zJ6
9
s.s
26.3
25.7
25.0
42.4
68.4
378
96
III
33.7
104
1000
90
2,928
23.2
30.2
33
137
433
35.1
22.4
(,
167
22
9.1
601
3,738
89
211
5.,529
88
Tn
16l
.50
112
25.6
19.1
Money Laundering
Rackcteering/E:s:tortion
Gam blinEfLottery
Civil Rights
Immigration
Child Pornography
Prison Ofrensa
Administration of Justice Offenses
EnviroommtallWildlire
National Defense
Antitrust
Food & Drug
Other Mlsrellaneous Ofreoses
349
261
179
10
223
30.0
IS.:'!
11 1
12.3
349
125
22
3,034
620
30
357
33
12.9
64
]88
29
414
83.3
10.7
4.1
6
28
1,190
557
56.0
~7
550 6
59.2
62.7
54.2
9.1
21.1
26.7
28 I
20.6
44.6
SO 0
7S.0
318
50.0
6(,.7
47.8
44.7
100.0
100 0
492
44.4
C<M1III,
.. _·. ktl.:n.1ti\c S.lIJt(......
18.9
100.0
22.2
7S.1
51.2
62.7
100.0
41.7
617
60Q
50.0
24.0
53.9
43.2
321
22.9
40.0
36.4
15.4
40.7
66.7
73.4
86.7
88.3
]00.0
21.3
28 ]
46.0
4] .4
17.2
69.9
60.0
91.6
70.0
64.9
S67
100.0
57.5
17.9
8.4
76.6
62.7
66.7
44.9
93.5
889
546
41.4
51.3
13.3
100.0
63.7
: Uflbe 8,~2II.:.uC11_1coced bel" .. ' ~1" gmdclmc "fISC. 8..oW2o;aseshad IlIJmplct~fUlcIc:lmc.pphutI()(IlnJmn.llm Due ~llll mablb~
picIdinI: IDinimom ...rh1i:, l1li addin"lUlI 41 ___ _.., ...... ~
&11111
lit" ""'Ie ()( die _i~
S.~! cast. ~ 1baI1ho: infnnna_
P'*1ioo. '"" d<1.:s IlOlulclud" ao~·Dmeof a/lmual"" ~t
...
ill [ 'SSU §~C[ I
"""""bad
46.2
63.5
50.4
39.1
100.0
61.1
40.7
37.2
47.2
629
76 I
I Of Ibc 20.713 _,
..29 w.:rcndllCbl due: 1<> Illftlnnallcn IIurtwu 1IIJ'!IIrIJfrom 1MSlbnnaad 00wmmt.1ba, JlfC'mtec[ 1hc: \.'Qllpell!IIlI'I of Ibc __
.criibl~.u~ in !bi.tabk; _ prm,doIll1 \Pf"'I"'JJ' A
SO! 'an .. 111u 1'>11.' pr...i'i<<>1lt11.11t die I S Smt_ll1t
I
I"
40.5
36.7
100.0
667
33.3
36.4
4].6
996
*'III 1hc pidoIiftc DIIJC r-.ipt"",. of
"",,111.,. the extent "r departure Iix_ \\illt.
p<e....o.d In tbi.1IIhlc d,,,,, iDcWtk ___
01
,"~.u.'",..,,)"JUl, the CtliIIml••••• f. fi..:aJ ~Ul :!o1~·2t'14IlaJ.lIiIe."(·s.',cn·:!OI~·(
'SS('F'Y2Il14
BELOW RANGE CASES: DEGREE OF DECREASE FOR
OFFENDERS IN EACH PRIMARY OFFENSE CATEGORY
Fiscal Years: 2012-2014
1
District: Florida Mid
NON-GOVERNMENT
SPONSORED
BELOW RANGE
BELOW RANGE
Mean
PRIMARY OFFENSE
N
4.661
TOTAL
Murder
8
l\tanslaupttr
IOdoappJog/Hostagt
Taking
47
AlI8uH
Robbery
16
Fmrms
BurgiarylB&E
Auto Thflt
Larceny
Fraud
Embezzlement
FOf'ErlJ'iCouDtmeitiol
Bribery
Ta~
MoolI!Y Laundering
2.4.4
125
48.~
42.1
128
501
4~7
Rate DHI'tau
30.7
44.8
Median
Percent
DtcreaJe
34.8
170
31.9
26.0
31.3
707
100.0
118
12.5
120
17.6
37.1
17.8
384
430
37.4
2:5 6
32.5
22.8
7
286
4
628
]{)6
456
399
34.0
20.0
85
587
592
III
59 :5
598
8
25.0
43
35
19
9.3
37. ]
36.8
67.1
679
43.8
400
44.6
15.8
82.7
56.6
75.6
57.1
60.8
66.4
60.3
20.4
100.0
23.2
32
5.4
48.6
554
18.5
56
599
32.9
53.2
33.8
209
647
45.7
37.3
40.0
36.4
]43
643
62.5
367
59.6
50.0
61.2
79.3
52.4
100.0
28.6
31.2
I
3
129
673
31
751
Child Pornography
232
or
Decrease
Mean
Percent
J4
0
1.670
Racket~ringlExtortion
Gamblina/Lottery
Civil Righb
Immigration
Prison Offenses
Administration
Justice Offenses
EnviroDmmta.llWildJife
Natioa.al Defense
Antitrun
Food & Drug
Other MIs~eUaneouJ Offenses
Median
Percent
0
0
Suual Abuft
Arson
Drugs - TraITlCking
Drup - Communication Facility
Drugs - Simple Possession
Rate
Percent
Decrease
46~
333
44.2
38.2
355
387
50.0
65.1
37 ]
:50.0
850
46.7
55.0
67.1
59.5
20.0
0
1
2
49
7
5
28.6
200
40.0
11.8
600
25.7
0
5'
136
I Of 1bc ~.(MI",-,~1~1 __ ~«dudcd due to ,lIf.-.m1lli<ll11ba1 .... 111m""'.!! II"", Ib<> ;uMn,lIed ~
\GlMoleo u!lal in fhj, table en. pruo.-id«! in \JIIII2Id" ~
770
100.0
!bat pr~enDi IlK <:mlJllf'''''' '" 1hc __
1Dd Ih: r:u~
'III&C. I~pOoo'
_1alCCId bel" .. Ib.: gurdulme 'MIle. ':'~JSI <ll1eO hood wmplclc gwddmc appl":ab'JII mfllflllab'lII Due '0 an ",.IIlI,~ k) c ..lcularc the extent uf departure fl)< ~
poAcliDeIIlinitnualofhe. on oddihmal 13 <UCI M:tC .... , a..bW mm dU. bhk 0{ Ibo:Rm&,nln!t 252C>ca_. :w.te tIuJ die lIl['otaWlOCI ptelCOllOdinIhiA tabk doc, me ludc _,,[
fI"lIMbolll, but does iKlf Uldudc 1Id~'_
of "'_h", ......
liDoonomr ... do!li:nbod m I 'sso §~C
II
: ()f Ibo: 2,SII~ ~
SOI'ReF. Th•• " .. ,.-oduc~ UII.II~!beI' S Seolr_'IIfC<lIIIIII ... I<JII'.lntcncb\'C SotUm:too.d",'" u.... 8"') DAngIbo: C<lIMIIlIIItlD'. Jig ~_ ZtII2.2014!lGtallb.
01
\l1d! a
l'SSCr'i2(l12,l'SSCfi'201~
EXHIBIT K
Table 31e
BELO\V GUIDELINE RANGE WITH BOOKER Its U.S.C. § 3!\53: DEGREE
OF DECREASE FOR OFFENDERS IN EACH PRIMARY OFFENSE CATEGORyl
Fiscal Year 2015
PRIMARY OFFENSE
TOTAL
Murder
Marulaugbter
KidnapplnWHO$tage Taking
Sexual Abuse
A.wmU
Robbrry
Anoo
Drug. - Trafficking
Drugs - Communication Facility
Dmp - Simple Posseuioo
Fiftanns
Bu~/B&E
Auto 1bert
Larftll)'
Fraud
EmbezlJemeot
ForprylColDJtrrl'ritiol
Bribrry
Tax
Laundering
R8C.kefeerinrlE~tortion
GamblioglLottery
MOM),
Ciyil
Ripu
Immivation
Cbild Pomograpby
PJiron OfTftllH
Admi.nistratioo of Justice OITMses
EnvlroomrntallWildlife
Natiofud DefenR
Antitrust
Food & Dmg
OtMr MIJ~IlIlJlflOUB OOmses
Median
Sentence
in Months
N
1l,DM
~
14
21111
17
II
154
4
Median Decrease
in Monllls From
Guideline Minimum
15
39
Median Pertenf
Deerease From
Guideline Minimum
36,8
lO.O
22
348
56
33
III
33..5
1J7
HI4
164
4
1211
12
46
101
24
526
25.1
41.3
3,738
75
4~
12
19
31.0
IS
50,0
3
3
1.34IJ
6
1.5
26.7
18
28.6
66.7
8
311
7
11
52.4
.5
40
10
194
1.1126
(l
2UO
100.1)
1.5
10
12
II
111
H4
94
50 II
100.0
3
II
833
14
12
49,9
2
12
18
83.6
507
294
100.0
56
234
180
213
)(.
13
(I
15
3
18
17
8
12
1.743
18
10
ts«
78
(4)
('II)
11
('I
It
82.8
36,8
40.9
333
22
2
:\!I
I1l
W
28
14
8
14
77.8
21)4
0
HI
Q9.9
'2Ml
29
1
6U,IJ
86.7
43.0
I OftJx11.U03 cases. 12.im ~
~
heI.(>w ~puloM!Jme 13nF,",,1hIJaoI.n 1&U S l' § JS:'3 Ot these. ) 1.707C&$e$had compldepuldrlW
appl..:atiooinfonnatioo. Due lOan IlI3bth~to .;:alcula~1hI:~1all of~
for easeswuh a gmdehne minunlDlI o(b!"e,mladdJlJoDa.I SI
cases _
;1150 excluded frum this lable Of the nlIIlllininill 1.656 cases. IhruIl \\\:Ie excludad dlJl: 10 missin.!lsenlence inlonnatton. Nole lhal the
mfllllMUOllI'J-med in thrs IAIbledOC'!! mcludc:senlences of probation. but d0C5 not UlCIude1In~ lime:of ahemetree confinement as described in
USSG §5C1 1 Descnpti(IJIS o!,vmuhles used 1II11n~ table lUI: prm'lded UlAppmdix A
EXHIBIT L
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EXHIBIT A
DLE
Florida Department of
Law Enforcement
Gerald M. Bailey
Commissioner
106 SW 140dl Terrace
Suite I
Newberry, Florida 32669
(352) 313-6524
www.fdJe.state.fl.us
Rick Scott, Governor
Pam Bondi, Attorney General
Jeff Atwater. Chief Financial Officer
Adam Putnam, Commissioner of Agriculture
August 19, 2013
Marion County Sheriff Chris Blair
Marion County Sheriffs Office
692 NW 30th Ave
Ocala, Fl34475
(352) 732-8181
RE: letter of Commendation for assistance by Members of the Marion County Sheriffs Office to
FDlE in reference to a Murder Investigation.
Commendation for the follOwing Deputies:
Sergeant Donnie Medlin #1153
Sergeant Eric Owens #1265
U.S. Marshall Task Force Deputy! Detective Donald Buie #2200
Detective Dave Rasnick #4422
Detective Tim Liberatore #4316
Detective Ben Bustamante #5683
Deputy Jar:nes~mIQel#5655
K-9 Deputy Keith Wilkes #5431
On August 14, 2013, the FDlE contacted the Marion County Sheriffs Office (MCSO) with a
request for assistance in a homicide investigation. FDlE had been contacted by the
Jacksonville Sheriffs Office (JSO) and requested to attempt to locate Joshua Lee Dukes. JSO
had obtained an arrest warrant charging Dukes with Murder and Attempted Armed Robbery.
Dukes had fled Jacksonville after the murder.
On August 6, 2013, Dukes and two (2) co-conspirators traveled to the Park Place Apartments
located at 6226 Barnes Road South, in Jacksonville, Florid with the intent to commit an armed
robbery. Two victims, residents of the apartment complex, were standing in the parking lot when
they were approached by the two (2) co-conspirators. Dukes approached the individuals from
the rear and ordered them to get on the ground. As the two victims proceeded to run away,
Dukes fired and struck one of the victims several times. That victim was later pronounced
deceased at UF Shands Hospital in Jacksonville. The two (2) co-conspirators were
apprehended by JSO and identified Dukes as the shooter.
On August 14,2013, FDLE located Dukes at 16 Pine Trace Drive, Ocala, Florida. MCSO and
FDLE surrounded the residence and issued orders for the occupants to come outside. The
MARlON COUNTY
SHERIFF'S OFFICE
TO:
DEPUTY JAMES AMIDEI, #5655
FROM:
LIEUTENANT BRIAN SPIVEY
DATE:
MAY 15TH, 2014
SUBJECT:
TOP PRODUCER APRIL, 2014
•
•
Subsequent to a review of the Monthly Activity Report. and after conferring with Sgt. Owens. ]
have determined you to be the Top Producer for the Fugitive Apprehension Unit.
Your efforts in this area are both noted and appreciated. I encourage you to maintain the high
standards you have set for yourself.
Thank you!
Brian Spivey
Is
cc:
Sheriff Blair
Chief Deputy LaTorre
Major Craig
Captain Pistarelli
Human Resources
Chris Blair, Sheriff
SHERIFF-==
Marion County
MEMORANDUM
TO:
Deputy J. Amidei, 5655
FROM:
Lieutenant V. Jones
DATE:
August 2, 2012
SUBJECT:
Top Producer for the Month of July
Subsequent to review of the Monthly Activity Report, I have determined you to be the
Top Producer for the Silver Springs Shores District, A Platoon.
Your efforts in this area are both noted and appreciated. I encourage you to maintain
the high standards you have set for yourself.
Thank you!
A/ph
cc:
Sheriff Dean
Chief Bigelow
Major Craig
Capt Ro"s
Human Resources
P.O. Box 1987. Ocala, FL 34478
Ph. (352) 732-8181
Civil (352) 620-3606 • Emergency Management (352) 622-3205 • Jail (352) 351-8077
"PUTTING CITIZENS FIRST"
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EXHIBIT B
J
EXHIBIT C
EXHIBIT 0
Owen. Glen
From:
CARSDatabaseSuper User <[email protected]:f.edu>
Tuesday,January OS, 2016 9:59 AM
[email protected]
CARSoutput via e-mail
Sent:
To:
Subject:
STUDENT
SCHEDULE
Collegeof Central Florida
3001 SW College Road
Ocala, Florida 34474
Ocala Campus
352 854-2322
Date: 01/05/2016
Time: 09:58
Citrus County Campus
Levy County Campus
352746-6721
352 493-9533
Student: Amidei, JamesL.
Degree: No Degree Earned
ID No: 524972
Major: Adult Enrichment
Spring Semester 2016 SCHEDULE
Days Time
Course SecLoc Bldg Room Instructor
Beg Date EndDate
Title
Tuition labfee
------- 12:00p 12:00p ENCI101 72 Citr
Keene l 351.30 0.00
01/06/16 05/06/16
Freshman Composition Skills I
No Orientation. Go to
www.cf.edu/elearning to login
to CANVAS.Email [email protected]
if you experience problems.
------- TBA
P052041 70 Off- 0099 999 Thompson J 351.30 0.00
01/06/16 05/06/16
American National Government
No orientation. Go to MyCF
Total Hours = 6.0
10: 524972
Spring Semester 2016 FEES
1 Financial Aid
Applied Estimated
--------------------------------1----------------------------------------------------------------------1-------1
Your tuition and fees for this
semester are 702.60
I
I
Tuition and Feesfor Fall
1
Semester will be assessed on
July 1st of each year.
I
0.00
0.00
Pleasepay your tuition and fees in full by 01/06/2016.
Note: Tuition and fees will be deferred automatically if you have been awarded aid for this semester (Clickon the MyCF
portal Financial Aid tab, click on My Financial Aid in the left sidebar, then click on My FinancialAid Awards).
If there are no awards, check for holds and/or documents needed that could delay the processingof your award or visit
the Enrollment ServicesCenter to check your status.
Students who are not receiving financial assistance are expected to pay fees by the fee due date or officially drop their
classes.
Student: JamesL. Amidei
Address: 29 FIRRD
OCALA,FL 34472
STUDENT
SCHEDULE
College of Central Florida
3001 SW College Road
Ocala, Florida 34474
Ocala Campus
352 854-2322
Date: 01/05/2016
Time: 09:58
Citrus County Campus
LevyCounty Campus
352 746-6721
352 493-9533
Student: Amidei, James L.
Degree: No Degree Earned
ID No: 524972
Major: Adult Enrichment
Spring Semester 2016 SCHEDULE
Days
Time
Course SecLoc Bldg Room Instructor
BegDate EndDate
Title
Tuition Labfee
Academics tab to login to
Canvas. General Online info:
cf.edu/elearning. Pleaseemail
[email protected] if you have any
problem.
Total Hours
=
6.0
10: 524972
Spring Semester 2016 FEES
2
1 Financial Aid
Applied Estimated
-----------------------------1----------------------------------
------------------------------1------1
Your tuition and fees for this
semester are 702.60
I
I
1
Tuition and Feesfor Fall
Semester will be assessedon
July 1st of each year.
1
0.00
0.00
Pleasepay your tuition and fees in full by 01/06/2016.
Note: Tuition and fees will be deferred automatically if you have been awarded aid for this semester (Click on the MyCF
portal Financial Aid tab, click on My Financial Aid in the left sidebar, then click on My Financial Aid Awards).
If there are no awards, check for holds and/or documents needed that could delay the processing of your award or visit
the Enrollment ServicesCenter to check your status.
Students who are not receiving financial assistance are expected to pay fees by the fee due date or officially drop their
classes.
Student: JamesL. Amidei
Address: 29 FIRRD
OCALA,FL 34472
3
EXHIBIT E
Southerll
Illinois
University
Undergraduate Admissions
admissions.siu.edu
Carbondale
WWW.SiUC.8du
April 18, 2008
James Louis Amidei
3612 SE 33rd Ave
Ocala, FL 34471
Dear James:
Welcome to Southern Illinois University Carbondale! This is your official notice of
admission. Please review the information below. If any corrections need to be
made, please ld us know.
Academic Unit: Applied Sciences and Arts
Major: Electronic Systems Technologies
Term of Entry: Summer 2008
Level: Reentry
Residency: out-of-state
Degree: Bachelor of Science
Scholastic Standing: Good standing
PIN: 2030
You can access your records at SalukiNet (http.ssalukinet.siu.edu/).
Your PIN is
listed above. If you need to provide transcripts or other items, they are listed below.
You will know that all of your records have been received when you receive your
completed evaluation of transfer credit. If you are seeking the special privileges
available through the Capstone Program, failure to make application to Capstone and
to submit all official transcripts immediately may result in lack of consideration or
denial of participation in this program.
The Off-Campus Programs staff, of your Academic Unit, will be happy to work with
you if you have any questions. Again, weicome to SlUe!
Sincerely.
f-~
James Carl
Interim Director
Undergraduate Admissions
OMP
--------Adrmssrons Reception Center· Mall Coda 4710 • Southern llhnnrs University Carbondale
425 Clocktower Drive • Carbondale, lllinors 62901 • 618 I 5364405 • Fax: 6181453.4609
_. -,.
---

QluJuQ?rB - Ocala.com

Transcription

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