The Hillsborough County Sherrif’s Office issued an Aug. 1 press release after the July 30 arrest of Sgt. Brendan Fitzgerald, 52, on charges of obstruction without violence by the Bradenton Beach Police Department.
The release states that Fitzgerald has been placed on administrative leave in light of the incident.
Hillsborough County Sheriff Chad Chronister said, “Sergeant Fitzgerald’s behavior is inexcusable. He will now face the consequences for his actions.”
During an investigation of an alleged fight between Fitzgerald and another man over a parking space at Smuggler’s Cove Beach Resort, 1501 Gulf Drive N., Fitzgerald allegedly became belligerent with BBPD officers and declined to provide his name.
BBPD officers interviewed more than 13 witnesses to the fight and spoke to parties involved in the incident. All complied except Fitzgerald.
Fitzgerald told Bradenton Beach Sgt. Steven Masi his rank — sergeant— with HCSO, according to the report.
According to Florida statutes, an individual is expected to identify to law enforcement if stopped on suspicion of a crime or for a possible traffic violation.
Masi asked Fitzgerald repeatedly to confirm his identity, but Fitzgerald would not comply, according to a probable cause affidavit on the Manatee County Clerk of the Circuit Court website.
Despite multiple warnings to Fitzgerald that he would face arrest, Fitzgerald continued to refuse to comply.
According to the county affidavit, Fitzgerald told BBPD officers, “I’m a sergeant, I know the law kid, I’m not identifying.”
Masi advised Fitzgerald he was performing an investigation and by not identifying himself he was knowingly obstructing his effort, to which Fitzgerald responded, “This is a joke, you’re a joke, you can’t take me for obstruction. Learn your laws, boy!”
Fitzgerald was arrested on a charge of obstruction of justice without violence and transported to the Manatee County jail.
He was released on a $500 bond July 31.
In Florida, obstruction of justice without violence is a first-degree misdemeanor, with penalties of up to a year in jail or 12 months’ probation and a $1,000 fine.
Fitzgerald’s arraignment will be 9 a.m. Wednesday, Aug. 30, at the Manatee County Judicial Center, 1051 Manatee Ave. W., Bradenton.