- May 1, 2024
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The state will not pursue felony charges against Robert Pace, the acting fire chief for the Flagler Beach Fire Department, but it will pursue a misdemeanor charge of obstruction of justice.
Pace was accused in April of one count of tampering with evidence, a third-degree felony, and one count of obstruction of justice: resisting an officer without violence, a first-degree misdemeanor.
The State Attorney’s Office on Thursday filed an information document for the misdemeanor charge, indicating it will move forward with the charges. At the same time, it filed an announcement of no information for the tampering with evidence charges.
Pace was placed on paid administrative leave immediately after the State Attorney's Office filed its charge, said Bruce Campbell, the city manager for Flagler Beach. Pace will remain on leave until the case against him is resolved, at which point the city will decide on an appropriate action.
In the meantime, Robert Creal has been named acting chief, Campbell said.
If convicted of the misdemeanor, Pace faces up to one year in prison.
Pace, 41, was accused in April first of altering time sheets and then of destroying video surveillance related to his actions.
A charging affidavit says Pace, on at least five occasions, awarded unearned community service work hours to Vitaly Tsabak, a 24-year-old whose probation required that he served the community.
Tsabak, who was on probation for grand theft among other crimes, was left unsupervised at the fire station while crews left for emergency calls, the affidavit says.
A probation officer became suspicious when he noticed Tsabak’s time sheet said he had worked up to 10 p.m. on certain days. Typically, workers complete their community service hours between 9 a.m. and 5 p.m.
Following this, then-Fire Chief Martin Roberts instructed a member of his department to investigate Pace to determine whether he had altered the time sheets for Tsabak. (Roberts was later fired for responding to emergency calls after consuming alcohol, and Pace was appointed acting chief.)
Using security surveillance footage, department staff concluded that several of Tsabak’s time sheets were inconsistent with the hours he worked. For example, on Nov. 4, 2012, Tsabak came to the station at 5:20 p.m. and left at 6:30 p.m. His time sheet said he was there from 5 p.m. to 9 p.m.
Police began to investigate further. After learning that a complaint had been filed against him, Pace destroyed the evidence, according to the charging affidavit.
Pace denied the claims against him when they surfaced.
