Post by WaTcHeR on Nov 6, 2006 13:40:46 GMT -5
11.06.2006 - Afraid she would fall asleep at the wheel after a late night visiting with friends, Deborah McCarthy pulled into a church parking lot in Deerfield Beach about 2:30 a.m. and called her husband to tell him she was taking a catnap before heading home to Boca Raton.
Her decision would lead to a terrifying overnight stay in jail in a case of mistaken identity, as revealed in a recent Broward Sheriff's Office investigation.
At 3 a.m. June 16, Deputy James Engle saw a red Ford Explorer in the parking lot of the Zion Lutheran Church. He radioed in the license tag to dispatch.
McCarthy, 41, woke to flashing lights. Engle asked for her driver's license.
Within an hour, McCarthy was under arrest for a crime she didn't commit -- writing a bad check 10 years ago in Pinellas County. McCarthy happens to share the name of the woman who did write a bad check.
When Engle radioed in McCarthy's driver's license, the dispatcher told him there was a warrant for her arrest. Neither the deputy nor the dispatcher noticed the details -- different birthdays and middle initials -- that might have prevented the mistake, according to a recent investigation into the incident by the Sheriff's Office Division of Internal Affairs.
McCarthy went to jail and was not released until 1:30 p.m. that day when her husband posted bond of $513. The couple have since recovered the bond money.
"That was the worst night of my life," McCarthy said. "I've never been arrested before. I just know what happened to me is wrong. It's an abuse of power."
Engle told the internal affairs investigator that he hadn't noticed the differences in middle initial and date of birth, and that the dispatcher never pointed it out.
"I just took it for granted [that it was the same person]," he told Sgt. Jennifer Zinglo, who handled the investigation.
McCarthy complained about her arrest, prompting the investigation. Her complaint was sustained by Internal Affairs, which recommended that both the deputy and dispatcher be counseled.
Engle, a 24-year veteran, declined to comment through a Sheriff's Office spokesman.
There was another telling difference between the two McCarthy women. McCarthy is 5 feet, 7 inches tall, with brown eyes. The woman wanted by police is 5 feet, 2 inches tall, with blue eyes.
McCarthy told the deputy he had the wrong person, but she said he ignored her protests.
She now keeps a copy of the letter from the Sheriff's Office about the incident.
"I know of no other way to prove I'm not this person if this happens again," she said.
McCarthy said she now faces another headache -- getting her record expunged. Under state law, police agencies need a court order before they can destroy an arrest record, even for a false arrest.
www.sun-sentinel.com/news/local/broward/sfl-1106arrest,0,5213215.story?coll=sfla-news-broward
Her decision would lead to a terrifying overnight stay in jail in a case of mistaken identity, as revealed in a recent Broward Sheriff's Office investigation.
At 3 a.m. June 16, Deputy James Engle saw a red Ford Explorer in the parking lot of the Zion Lutheran Church. He radioed in the license tag to dispatch.
McCarthy, 41, woke to flashing lights. Engle asked for her driver's license.
Within an hour, McCarthy was under arrest for a crime she didn't commit -- writing a bad check 10 years ago in Pinellas County. McCarthy happens to share the name of the woman who did write a bad check.
When Engle radioed in McCarthy's driver's license, the dispatcher told him there was a warrant for her arrest. Neither the deputy nor the dispatcher noticed the details -- different birthdays and middle initials -- that might have prevented the mistake, according to a recent investigation into the incident by the Sheriff's Office Division of Internal Affairs.
McCarthy went to jail and was not released until 1:30 p.m. that day when her husband posted bond of $513. The couple have since recovered the bond money.
"That was the worst night of my life," McCarthy said. "I've never been arrested before. I just know what happened to me is wrong. It's an abuse of power."
Engle told the internal affairs investigator that he hadn't noticed the differences in middle initial and date of birth, and that the dispatcher never pointed it out.
"I just took it for granted [that it was the same person]," he told Sgt. Jennifer Zinglo, who handled the investigation.
McCarthy complained about her arrest, prompting the investigation. Her complaint was sustained by Internal Affairs, which recommended that both the deputy and dispatcher be counseled.
Engle, a 24-year veteran, declined to comment through a Sheriff's Office spokesman.
There was another telling difference between the two McCarthy women. McCarthy is 5 feet, 7 inches tall, with brown eyes. The woman wanted by police is 5 feet, 2 inches tall, with blue eyes.
McCarthy told the deputy he had the wrong person, but she said he ignored her protests.
She now keeps a copy of the letter from the Sheriff's Office about the incident.
"I know of no other way to prove I'm not this person if this happens again," she said.
McCarthy said she now faces another headache -- getting her record expunged. Under state law, police agencies need a court order before they can destroy an arrest record, even for a false arrest.
www.sun-sentinel.com/news/local/broward/sfl-1106arrest,0,5213215.story?coll=sfla-news-broward