‘Hunter’ hearing canceled in developer’s HB DUI case

Almost a year since Shawn Kaleta, a developer and owner of approximately 1,600 vacation rental units, the Pines Trailer Park, Bradenton Beach Marina and several restaurants, was arrested in Holmes Beach for allegedly driving under the influence, a trial has yet to be scheduled.

However, with medical records now in the state’s hands, the case might see progress.

An April 11 joint stipulation between Kaleta’s co-counsel, Sean Powers of Bradenton-based McNary Powers and assistant state attorney Christine Neilson allows the state to obtain the developer’s medical records for the dates of his arrest.

Kaleta was arrested June 15, 2023, in Holmes Beach on a second-degree misdemeanor for allegedly driving under the influence of alcohol or drugs.

He also was charged with a first-degree misdemeanor for allegedly resisting or obstructing a law enforcement officer without violence.

A Holmes Beach police officer observed a vehicle being driven recklessly on East Bay Drive and Manatee Avenue around 11:30 p.m. and conducted a traffic stop, according to a police report.

The driver, Kaleta, displayed signs of impairment, so the officer asked him to do sobriety exercises.

He began the exercises but stopped cooperating partway through and instead requested an attorney.

The officer began to arrest Kaleta for suspected DUI but the developer resisted and refused to comply with verbal commands.

The officer then took Kaleta to the ground and arrested him.

He was transported to the Holmes Beach Police Department, where he refused to provide breath samples, then to the HCA Blake Florida Hospital in Bradenton upon his request for medical treatment.

At the hospital, Kaleta agreed to have his blood drawn for police but spent “about an hour” in the bathroom refusing to cooperate with hospital staff.

As a result, neither a blood sample nor formal interview were taken.

The officer transported Kaleta to the Manatee County jail, where he was released June 16 after posting $620 bond.

Despite the resistance at the hospital, the state filed a Sept. 6, 2023, notice to subpoena Kaleta’s emergency medical treatment and hospital medical records.

Kaleta objected to the subpoena Sept. 12, 2023, so a “Hunter” hearing to determine the state’s access to the requested records was scheduled for April 12.

However, the April 11 joint stipulation is an agreement for Kaleta to withdraw his objection in exchange for the state only seeking Kaleta’s medical records for June 15, 2023, and June 16, 2023.

The “Hunter” hearing was canceled following the stipulation, which also states that, “Nothing in this stipulation shall be deemed an admission of guilt.”

If convicted, punishment for a first-degree misdemeanor includes up to one year in jail, one year of probation and a fine of up to $1,000.

Punishment for a second-degree misdemeanor includes up to 60 days in jail and a fine of up to $500.

A pretrial conference hearing is scheduled for 1:30 p.m. Monday, July 8, at the Manatee County Judicial Center, 1051 Manatee Ave. W., Bradenton.