A driver rehabilitation program may be island developer Shawn Kaleta’s ticket out of a pair of misdemeanor charges.
At a Nov. 21 court hearing, Kaleta agreed with the prosecutor to enroll in a modified contract for Driver Enhanced Treatment Education Rehabilitation, also known as DETER.
The stipulation brings a potential end to the case, which began June 15, 2023, when Kaleta was arrested in Holmes Beach and charged with a first-degree misdemeanor for resisting or obstructing a law enforcement officer without violence and a second-degree misdemeanor for driving under the influence of alcohol or drugs.
A Holmes Beach police officer found Kaleta driving recklessly on East Bay Drive and Manatee Avenue around 11:30 p.m. and conducted a traffic stop, when Kaleta displayed signs of impairment and was asked to perform field sobriety exercises.
Kaleta began the exercises but stopped cooperating partway through and instead requested an attorney.
The officer began to arrest Kaleta for suspected DUI, but he resisted and refused to comply with verbal commands.
The officer brought Kaleta to the ground and arrested him.
Kaleta 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 the 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.
While the state subpoenaed Kaleta’s medical records from the hospital, Kaleta’s attorney moved to suppress evidence collected from an “unlawful stop.”
Kaleta’s motion claimed the arresting officer lacked probable cause to stop him, so evidence collected as a result of the stop had to be suppressed.
The motion was canceled at the Nov. 21 hearing as the parties agreed to the DETER contract.
The contract stipulates Kaleta must remain crime and alcohol free, complete in-person DUI school, an online victim impact program and 60 hours of community service, as well as install an ignition-alcohol-monitoring device into his vehicle, within 60 days.
If Kaleta completes the DETER program, he will be offered a plea of one second-degree misdemeanor charge for reckless driving with alcohol as a significant factor, rather than face both misdemeanors he was charged with.
The contract stipulates that adjudication against the developer would be withheld if he completes the program.
The potential plea also includes preset sanctions, such as 12 months of probation, 10 days of vehicle immobilization, a $500 fine, 50 hours of public service and more.
A status conference to discuss Kaleta’s progression through the DETER program will be at 1:30 p.m. Thursday, March 20, at the Manatee County Judicial Center, 1051 Manatee Ave. W., Bradenton.
Kaleta’s attorney, Louis Najmy, told The Islander Nov. 23 that “The State Attorney had no choice but to eliminate the DUI and resisting charges given the then targeting problem that has since been resolved and the fact that no unlawful impairment existed. Of course, Mr. Kaleta regrets any defensive actions he took that may have indicated to the officers he was unlawfully resisting them. He did not intend for that to happen.”
Kaleta background
Developer Shawn Kaleta owns numerous properties in Holmes Beach, including Anna Maria Island Resort, Bali Hai Beachfront Resort, Coconuts Beach Resort and Islands West Resort, as well as vacation rental units across the island.
He also owns a management company that oversees more than 1,600 rental units.
He also has been involved in several lawsuits against the cities, including his now-resolved federal lawsuit with Holmes Beach, which claimed the city has an “Anti-Kaleta policy” that violates his constitutional rights under the Equal Protections Clause.
The parties settled the lawsuit in February.
— Ryan Paice
And it is said no one is above the law. You get as much justice as you can afford.
Boy this guy appears to get his way every time.