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Officer files lawsuit against Bradenton police chief after multiple allegations

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Posted at 5:02 PM, Mar 13, 2023
and last updated 2023-03-13 17:02:15-04

BRADENTON, Fla. — An officer with the Bradenton Police Department (BPD) has filed a lawsuit against Bradenton Police Chief Melanie Bevan.

Officer Patrick Mahoney, who has been with the department since 2017, filed the suit after claiming he witnessed multiple instances in which Chief Bevan exhibited "unlawful conduct."

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Mahoney stated that after he began working as a homicide detective in 2020, he was assigned to the cold-case murder of Tara Reilly.

In February 2021, Mahoney said he convened a meeting to give a status update regarding the case, claiming he identified a suspect that he believed could at least identify the person or people who murdered Reilly and that the suspect was being uncooperative.

During the meeting, those in attendance, which included Chief Bevan and BPD Internal Affairs Detective James Curulla, allegedly began to discuss which avenues to pursue in regard to the suspect.

Mahoney said he suggested a narcotics sting because he believed the suspect used drugs and that they could "obtain his cooperation by way of a plea bargain."

Bevan then allegedly began to ask if the suspect had a valid driver's license, suggesting that they "crash into his car" and then arrest him for driving with a suspended license. Mahoney claimed that Bevan then said, "I had to do that when I was at St. Pete multiple times."

Mahoney also claimed that Bevan then suggested they repossess his truck, get his power disconnected and even have his children removed from his custody. She then allegedly stated, "We need to make this guy's life hell until he cooperates."

After this, Mahoney said that Internal Affairs Detective Curulla then suggested they should simply "go get him and bring him in."

In response, Mahoney said he told Curulla that the man was recovering from surgery at the time and that the State Attorney's office told him to stay away from the suspect. He also said that he was "stunned an Internal Affairs Detective was suggesting we break the law."

Mahoney claimed he then said he had presented an arrest warrant for the suspect to the State Attorney's office, but his request was denied, and that they refused to file any charges against the man. He then said he told Curulla that he couldn't arrest someone he knew the state would not prosecute.

Curulla then allegedly responded to Mahoney by saying, "Well, if he thinks he's under arrest, that's his problem."

Chief Bevan then left the room. Mahoney claimed that Lieutenant Shannon Seymour, who had also been in the meeting, stated that nobody was going to harass, assault, batter or kidnap the suspect as suggested in the meeting by Bevan and Curulla.

Mahoney said he then noticed Deputy Chief Paul McWade cast a "disapproving look" towards Lieutenant Seymour, which Mahoney said made it clear the deputy was upset by Seymour's comments.

In December 2019, when Mahoney was working in the Special Investigations Unit, he said that Eva Kelly, a former BPD dispatcher, had committed suicide. Eva was married to Sergeant Joe Kelly, who still works with BPD.

Mahoney said that after Kelly's death, Deputy Chief McWade told him and Sergeant Ross Johnson to "stick with" Sergeant Joe. He then claimed that McWade ordered Sergeant Johnson and himself to retrieve Eva's phone from the custody of the Manatee County Sheriff's Office (MCSO).

According to Mahoney, McWade stated, "We have to get that phone." Mahoney said that he was unsure why McWade needed the phone but ultimately came to the conclusion that McWade wanted to prevent Joe from "reading or learning of communications" on it.

He also claimed that he remembered Johnson told him that MCSO Detective Davis was asked to give the phone to BPD without Joe knowing, but Detective Davis refused, stating that his "major said no."

Mahoney went on to claim that McWade then ordered he and Detective Christopher Capdarest to attend Eva's memorial service as "security," which McWade claimed was to prevent Eva's ex-husband from attending.

McWade then allegedly showed Mahoney and Detective Capdarest a photo of her ex-husband and directed them both to arrest him if he showed up. When Capdarest asked for a basis to arrest Eva's ex-husband, Mahoney said that McWade told Capdarest to "just arrest him because he was not allowed to attend the funeral."

Mahoney said he also remembered McWade specifically telling Capdarest to "find something" to arrest him for.

According to Mahoney, Bevan recruited McWade to work at BPD, and the two had a very close relationship that spanned decades.

In January 2020, Bevan hired Christopher Herron, who Mahoney said was a longtime associate of hers from the St. Petersburg Police Department. Herron was assigned to work with the Special Investigations Unit.

"Unbeknownst to me, Herron was not sworn as a BPD officer," Mahoney said in the affidavit. "Nonetheless, he took law enforcement actions on behalf of BPD."

Mahoney claimed that Herron was regularly "volatile and physically aggressive."

"For example, he would regularly walk through the Department striking items with a baseball bat," the affidavit states. "On more than one occasion, he physically attacked me and others at BPD."

Mahoney gave two other examples, stating that Herron allegedly punched him in the back of the head while he was sitting in the passenger's seat of Sergeant Johnson's unmarked car.

Another time, Mahoney claimed that Herron approached him from behind while he was walking through a hall at BPD and placed him in a chokehold.

In response to these incidents, Mahoney said he was forced to defend himself, leading to physical altercations. He claimed Herron also attacked Johnson in a similar fashion.

"Any time we would challenge his insubordination or his violent and aggressive behaviors, Herron would threaten to use his friendship with Chief Bevan as a defense to our complaints," Mahoney said. "Herron would state, 'Do I need to tell Melanie? You know she's my best friend.'"

Mahoney added that Herron eventually left BPD due to personal reasons. After Herron's departure, Mahoney claimed that he learned Herron was hired to be a call-taker and that he was not a sworn officer with the BPD.

Herron allegedly carried his badge from the St. Petersburg Police Department with him during his time at BPD.

"Chief Bevan did not inform me that Mr. Herron was not sworn to serve with BPD, and she allowed Mr. Herron to conduct himself as if he were a sworn BPD officer," Mahoney said.

He said that during one instance, Herron allegedly initiated a traffic stop while driving a patrol car and announced his intention to make the stop over the radio. Johnson ordered that he could not conduct the stop.

At the time, Mahoney said that BPD had an agency-wide directive against conduction traffic stops, which he believed was due to COVID-19 and staffing concerns.

Mahoney claimed that Herron then responded over the radio and refused to abide by Johnson's order, saying, "Sorry sarge, I just have to do this." He then allegedly proceeded to conduct the stop.

Mahoney added that the identification card associated with call-takers states that being a call-taker is not a sworn position, nor do call-takers have enforcement power within the department. He also said that the issued uniform shirts for call-takers had the word "CIVILIAN" printed above the badge to indicate that the call-taker is not a sworn officer.

"It was obvious that Mr. Herron was not concerned about violating BPD policies or violating direct orders due to his relationship with Chief Bevan," Mahoney said. "The enabling of Mr. Herron's repeated violent behavior by Chief Bevan put all of the citizens in Bradenton at risk, including any and all BPD officers."

In response to the lawsuit, Southwest Florida Police Benevolent Association President Mick McHale released a statement.

“Contrary to the leadership at the highest levels of the Bradenton Police Department, our officers take their oath of office very seriously, which includes upholding the law at all times. Our officers have both a legal and moral obligation to report wrongdoing and to expose illegal activity wherever they exist, even when those activities are committed by the Chief of our own Department. That is why the PBA is proudly supporting Police Officer Patrick Mahoney, who as a whistleblower, has bravely come forward to hold Chief Bevan accountable for her unlawful conduct during a number of criminal investigations.

Once Officer Mahoney made his claims, which are protected under the 14th Amendment, Chief Bevan and her underlings wasted no time in engaging in a number of retaliatory actions against Officer Mahoney including, but not limited to; transferring Mahoney to the Patrol Division, refusing to allow Mahoney to be considered for a promotion, denying Mahoney overtime pay, and placing him under investigation after he made his allegations’ known in a signed affidavit. She even went so far as to declare that she will “get vengeance against those who submitted affidavits against her, but she has to let time pass.” These revelations are consistent with Chief Bevan’s ongoing abuse of power, which the PBA exposed last year. Despite our calls then for an independent investigation, Mayor Brown appointed associates of Chief Bevan to conduct a predetermined investigation, which proved to be a complete sham.

There cannot be one set of standards for the rank and file and another set for the Chief of Police. Chief Bevan clearly believes she is above the law, which reaffirms our call, once again, for an outside investigation into the Chief’s illegal actions.

Bevan declined our request for comment.