A resolution was reached last November in a court case involving island developer Shawn Kaleta allegedly driving under the influence.
State Attorney Ed Brodsky of the 12th Judicial Circuit told The Islander Dec. 13 that part of the resolution requires Kaleta to submit an apology letter to the arresting officer — who has yet to receive anything from the developer.
Kaleta was arrested in June 2023 in Holmes Beach and was charged with a first-degree misdemeanor for resisting or obstructing a law enforcement officer without violence and a second-degree misdemeanor for DUI.
Last November, Kaleta enrolled into a Driver Enhanced Treatment Education Rehabilitation, also known as 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 and possible jail time.
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.
Kaleta’s attorney, Louis Najmy, told The Islander Nov. 23, 2024, that “The state attorney had no choice but to eliminate the DUI and resisting charges given the then targeting problem that has been resolved and the fact that no unlawful impairment existed.”
However, Brodsky said Najmy’s interpretation was “not accurate.”
“We believe, based on the evidence, there was no intentional targeting. This officer did not know who (Kaleta) was. There was no evidence that we saw or were ever made aware of that he was specifically targeted by anyone at the police department,” Brodsky said.
“He’s being offered this program because he’s a first-time offender,” he added. “We were prepared to litigate the case. … If he did not accept the DETER agreement, or had decided to proceed forward, we would go forward with a DUI charge.”
In order for Kaleta to complete the DETER program, he must submit the apology letter ahead of a status conference at 1:30 p.m. Thursday, March 20, at the Manatee County Judicial Center, 1051 Manatee Ave. W., Bradenton.
Kaleta-HB background
Developer Shawn Kaleta owns or manages many properties in Holmes Beach, including Bali Hai Beachfront Resort, Anna Maria Island Resort, Coconuts Beach Resort and Islands West Resort, as well as numerous vacation rental homes and units across the island.
He also has been involved in several lawsuits against the city, including his now-resolved federal lawsuit, 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