Jail deputies resign amid investigation of sexual misconduct

Palm Coast Observer
News

Part of the laundry room in the Flagler County Inmate Facility is out of sight of its security cameras. And according to an ongoing investigation, that blind spot was where a deputy arranged to have sex with an inmate.

Three Flagler County Sheriff's Office detention deputies resigned amid a Florida Department of Law Enforcement investigation into allegations that one deputy had sex with an inmate in the jail's laundry room during his shift. The two other deputies faced charges that they had warned that deputy about the impending investigation and lied to cover for him, as well as engaging in other misconduct.

The deputies were placed on administrative leave during the investigation, which was the first major internal investigation to occur under the watch of Sheriff Rick Staly.

“I was elected to bring strong ethical practices and leadership to the Flagler County Sheriff’s Office,” Staly said in a Sheriff's Office news release. “This bad behavior tarnishes the badge and will not be tolerated under my administration.”

The alleged sexual contact occurred between detention Deputy Bradley Gilyard and an inmate in the jail's laundry room on Jan. 16, according to documents from the investigation. The contact was brought to light Jan. 19, less than two weeks into Staly's tenure, and Gilyard was to be fired the afternoon of May 26 as a result of the internal affairs investigation. Instead, he resigned.

The two other deputies, Julio Vazquez and Jonathan Vitale, resigned earlier in the course of the investigation.

Although the FDLE presented its case to the State Attorney's Office, the State Attorney's Office declined to file charges against any of the deputies, finding the evidence insufficient to ensure a conviction, according to the news release.

How they were caught

According to documents from the internal affairs investigation, the Sheriff's Office began investigating on Jan. 19 after a supervisor was informed of rumors that a deputy had had sex with an inmate. By the morning of Jan. 20, a formal investigation was initiated, and the jail began implementing Prison Rape Elimination Act Protocols and offering services to victims and witnesses. The FDLE was called in.

A female inmate told investigators that she'd been working in the laundry room with another female inmate Jan. 16 when Gilyard entered the room and had sex with the second inmate. The inmate "reported that she witnessed this entire event," according to an investigatory report.

Footage from cameras outside the laundry room seemed to corroborate what the witness had said, showing Gilyard walking into the laundry room holding his gunbelt in his hand, and with his vest undone. The camera also showed the inmate looking "disheveled" afterward.

Other camera views showed the inmate who had reported witnessing the event burying her face in her hands and acting in a manner that "could be interpreted as shocked, embarrassed, surprised or stunned." That inmate also told investigators that Gilyard had told her and gestured to her to "zip it." Camera footage showed Gilyard making such a gesture to her.

Other camera footage from earlier the same day showed Gilyard removing his Taser from its holster and walking into the laundry room with it in his hand while two female inmates were inside. There was no record of any disturbance at the time that would have warranted his display of the weapon.

Gilyard denied the allegations in interviews with investigators, who called his statements "non-committed and non-explanatory answers."

The investigation of Gilyard led to Vasquez, who allegedly set up the encounter between Gilyard and the inmate who Gilyard had had sex with. That inmate had not been scheduled to work in the jail's laundry room that day, according to the investigatory reports. Instead, another inmate was originally scheduled to work that shift.

But Vasquez, according to the allegations, contacted the inmate who was scheduled to work that day and told her to call in sick, telling her that Gilyard wanted to have sex with the other inmate who would be scheduled to replace her.

The inmate who had originally been scheduled to work the shift also told investigators that Vasquez had kissed her and fondled her in a blind spot in the jail's supply room. Video footage showed him entering the room along while the inmate was there, a violation of jail policy that bars male deputies from being alone in rooms not covered by video surveillance.

The morning of Jan. 20 after the investigation began, Vasquez — who'd been interviewed by investigators and told not to talk about the investigation — allegedly called the third deputy, Vitale, to give Vitale a "heads up" about the investigation and to tell Vitale to warn Gilyard.

Vitale had been disciplined for untruthfulness twice earlier in his career, once in a written reprimand in June 2011 and once in an oral consultation in July 2011.

Vitale was implicated in warning Gilyard about the FDLE investigation Jan. 20 by text while Gilyard was on his way to work.

There were also other allegations of misconduct — that Vitale had been passed a note by an inmate, and that he'd handed two inmates contraband in the form of a styrofoam cup of what Vitale later told investigators was iced tea.

Vitale initially denied that he'd tipped off Gilyard, but admitted to doing so later after FDLE investigators told him they had information that contradicted his earlier statements.

They had the text from Vitale to Gilyard, which stated, "Call ASAP, call off speaker." The two men had then talked on the phone.

Vitale called his actions "a few mindless bad choices," according to investigatory reports.

The tip-off undermined the FDLE agents' plan to stop Gilyard as he arrived at work the morning of Jan. 20 and use the element of surprise when interviewing him, according to the investigatory reports.

Gilyard had been with the Sheriff's Office for five years when he resigned May 26. He'd been recognized for exemplary service four several years ago, receiving an award as "detention deputy of the quarter" in 2013. The investigation found him guilty of misusing his weapon, of a uniform violation and of unsatisfactory or incompetent performance/unbecoming conduct.