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Subject: Fwd: RICHARD CHERVONY - CRIMINAL VIOLATION OF FLORIDA STATUTE SECTION 775.03
FYI
Thank you.
Page 1 of 27
LAW OFFICES OF
NORMAN C. POWELL
1666 j. F. Kennedy Causeway, Suite 420
NORTH BAY VILLAGE, FLORIDA 33141
www.lawofficeofuormancpowell.com
ibn or about February 16, 2018, I received a call from Vice-Mayor Andreana Jackson. It
~as clear to me that Ms. Jackson was the subject of a direct course of conduct that caused
i)ier substantial emotional distress that served no political purpose connected to her role as
!)in elected official. Specifically, she informed me that Richard Chervony willfully,
1maliciously, and repeatedly has used the internet Facebook site, North Bay Village
Residents Speak, to demean and harass her concerning, among other things, her weight
and encouraged others to do the same in that platform in violation of Florida Statute
Section, 784.048, which is a third degree felony (attached).
Section 38.40(2) requires North Bay Village employees, elected and appointed officials
to report activity that may constitute a crime immediately to the State Attorney and/or the
Miami-Dade County Commission on Ethics and Public Trust. However, since you are
Page 2 of 27
the Chief of the North Bay Village Police Department, I am reporting this matter directly
to you. As I am sure you are aware, these warning signs simply cannot be ignored given
Mr. Chervony has chosen to engage in this type of illicit activity on a social media
platform and is using social media to encourage others to participate with him in criminal
activity.
Please inform me immediately whether the Department will be investigating this matter
and the officer/detective you intend to assign or should I make an appointment with the
relevant section of the State Attorney's Office.
Norman C. Powel
Interim North Ba)'.
Page 3 of 27
The information in black was NOT redacted.
North Bay Village It appears to have been highlighted prior to copying.
Residents Speak
Join this group to post and commenl.
Public Group
.............. ·-······· ---· .. - ......... ·-· ·--..
• CRiChlrd Ch~ Teresa maybe you should attend the Commission
meetings where the name calling takes place and see how The Mayor
behaves as If she ls In kindergarten. If you don't think Ifs appropriate
kindly Just skip the post No one says you must read or participate Jn
everything.
Like · 1 • 21 hrs
-,, Teresa Carr It just seems that this behavior gives the VIilage a bad
, • name too. I am shocked by the Information and the tone I have read
since I Joined. Is being Mean Girls really the amswer? It undermines
what I think you are fighting for. Just the perspective of a new
comer......
Like·
. . .1. .· .20
..
hrs·
\ Edited
,g i;uChard ChervonyAreresa Carr thank you for your perspectlva, but we
' nave reached bare bottom now!
Like· 1 ·20hrs
.;ig Lynn Ragusa Laura Cat Got Your Tongue? Thars my suggestion.
Like · 1 · 20 hrs
"'I
d
Lynn Raguaa We wll1 see how much she has to say. Now that she's on the
Dias. We wlll see lf she Is just another dummy {Interchangeable chess piece)
Privacy · T1;1rms · Advertising ·
Cookies · More
Facebook@2018
like Commissioner know nothing Alvarez. I swear It's like thls:
Like· 20 hrs
iii Robert Pushkin Why are you slandering Heuy,Luey Dewey and my favorite
. . AFLAC duck with lhls comparison?
Like· 2·16hrs
'. • Ritch Holben Ifs true.. these ducks never did anything to deserve th ls!
lol ... however, since It was a direct quote from a revered citizen as part
of the pubHc and formal Commissioner's meeting on Tuesday, It's
become an Interesting way to Joke about something that Is anything but
funny. A res1 polltleal tragedy Is unfolding In City Hall and we, as
concerned Citizens that actually do show up feel powerless, at least
until November rolls around.
Like· 4 hrs
"'I
.d'
Lynn Ragusa The Dias now pretty much looks llke this. Except there's a
couple more
l.lke · 12 hrs
'E Adam Ant We need to take the vlllage back from these pirates.
B Llke·2hrs
Page 4 of 27
I Sergio L Evora Domlnlcla She uses Iha atallwells In our buildlng to exerclsell
North Bay Village A I wonder how she gets In slnoa she Is not a resident\ Need to STOP!
Public Group
~ • Richard: I Join Group More Join this group to pest and comment.
Like • ;ri-Fe1>ruary·14··ljrii·:41::1~rrf•·carma·
:: ~· Lynn Ragu1a Didn't even know she was coming to our building!/ Hope
': · she hasn't gotten Involved with KENNEDY House Condominium affairs
' as well.
LJke · 3 • February 14 at 4:52pm
' If Cyndy Roman She should try using the stairwell In the Empire State
Building
Like • February 14 at 5:32pm
: J&. Johnathan Castillo Richard Chervony wow, nlce Bumll She needs
'' some aloe verallltJ 0
Like • 1 • Yesterday at 5:08am
• Nlcola Rlstlc This is totally uncalled for you guya, internet bullying. I
understand you are all mad and have issues with he £
j [§ JQ The information in black was NOT redacted.
It appears to have been highlighted prior to
B t~!c.h_111;~ ~her,t~ny ~lcole Rlstlo as a Publlc omclal who offered her copying.
Servlce and has J;etrayed our trust and continues to lie, the weight
comment Is a slight !Hue. She ls MISUSING her office for her own
Privacy ·Terms · AdverUsing ·
BENEFIT. This all wm come out In the RECALL efforts being geared
up. The shortest lived Vice Mayor appointment Jn NBV History. Cookies • More
Facebook © 2018
Uke· 1·17hrs
• Nicole Rlltlc Weight has nothing to do with H, period. I too feel
·, betrayed by her but lhls comment Is uncalled for.
Uke· 2·17hrs
,• ~~c~ard __qh~~~-ny_{"'lree.
Like· 1·17hrs
Like· 2 hra
• Petra To B&llld Ritch Holben
htlp:J/view.earthchannel.comJPlayerConlrolter.aspx...
U~·2hrs
• Ritch Holben Thank you Petra To Build.. great info to have.. I was
there so got to witness this embarrassment dlrectly.. but It might make
an important separate post to this page so our other neighbors that
couldn't attend can watch and Judge for themselves. Kavin Verlcker, Is
that something that can be done?
Uke·1hr
Page 5 of 27
North Bay Village Residents Speak https://www.facebook.com/groups/nbvvoice/
•
Like· Bw
Sue Patience Ryan I'm really sorry to hear this. I had hopes
for her but I guess I was too trusting.
Like· 8w
•
Like· aw
Page 6 of 27
Like· aw
North Bay Village Residents Speak https://www.facebook.com/groups/nbvvoice/
like· 1d
• Ritch Holben Finance Committee? Law suits against the very city
she now vows to serve? I submit "Scrooge McDuck".
•
Like· 1d
Teresa Carr It just seems that this behavior gives the Village
a bad name too. I am shocked by the information and the
tone I have read since I joined. Is being Mean Girls really the
amswer? It undermines what I think you are fighting for. Just
the perspective of a new comer.
Like · 22h · Edited
Lynn Ragusa We will see how much she has to say. Now that she's
on the Dias. We will see if she is just another dummy (
interchangeable chess piece) like Commissioner know nothing
Alvarez. I swear irs Ilka this:
Page 7 of 27
~
Sergio L Bvora Dominjcis She uses the stairwells in our building to exercise!! I wonder how she gets in since
she is not a resident! Need to STOP!
Manage
~
· 3d · Edit~s:l
~II
j\ichard Cheryony She excercises? Could have fooled me
~
Like.
' ld ' faU!~ct
~I
Lynn Raiwsa Didn't even know she was coming to our building!! Hope she hasn't gotten involved with
KENNEDY House Condominium affairs as well.
.1
~
~
';i_g
fl'
Cyndy Roman She should try using the stairwell in the Empire State Building
.i
J.
Johnathan Castillo Richard Cbervony wow, nice Burn!! She needs some aloe vera!!!!! .."
~
!&
·3d
II
N!role Rjstic This is totally uncalled for you guys, internet bullying. i understand you are all mad and have
Issues with her but what does her weight have to do with it? Nobody likes bullies.
·I
Page 8 of 27
North Bay Village, Florida 33141
Telephone: 786-275-6923
Facsimile: 786-348-0167
E-mail: npowell@nbvillage.com
Mr. Powell,
Good evening. FYI, I have referred this matter to our Criminal Investigations Section for appropriate follow up. Per your
request, you will be contacted tomorrow with the information on who will be assigned to follow up on this complaint
and provided with any other relevant information at that time.
Regards,
Carlos
Thank you.
Page 9 of 27
2
Jim Mccready
FYI
Norman,
I feel that the police can be objective even if Dr. Chervony is a former commissioner.
Thank you for your prompt response. However, should there be a necessary preliminary determination as to whether
the NBVPD can in fact investigate this matter in an objective an unbiased manner because Mr. Chervony was a long time
Village Commissioner and was and continues to be intimately involved with the NBVPD?
In addition, it is my understanding that whatever police agency investigates this matter, that agency will provide the SAO
with its investigative findings and the SAO will make the ultimate determination as to whether there has been a
prosecutable violation. Is my understanding of the process correct?
Thank you.
r;;i ·~-·-·····--·-····-··-
0
Last night Chief Noriega assigned me the follow-up investigation in reference to your complaint. I have
already been in contact with the Miami Dade SOA and have forwarded them all of the information
including your attachments. I will be contacting the victim and continue to investigate this matter. Feel
free to contact me if you have any questions or additional information.
Thank you,
Jim
~e.~~
Lieutenant
<imageOOl.png>
4
Page 11 of 27
Jim Mccready
Hi Lt.
Sorry I missed your call. Yes Monday will work for me please let me know what time.
Kindest Regards,
Chief Noriega has assigned me to investigate the complaint that Village Attorney Powell has filed on
your behalf. He has asked me to make this a priority. I have been trying to call you to set up an
appointment so I can move forward with this investigation. I will be back in the office on Monday
morning. Please let me know when we will be able to meet. You can always reach me on my cell phone
at This information was redacted (see response letter for details).
Jim
~ e. ?lte,f3zea4
Lieutenant
<image001.png>
Page 12 of 27
1
Jim Mccready
Below is the last email correspondence between Mr. Chervony and myself. I hope this helps, you can see a pattern of
attacking me online.
Best Regards,
-----Original Message-----
From: richard chervony [mailto:richardchervony@gmail.com]
Sent: Thu 1/18/2018 10:35 AM
To: Andreana Jackson
Subject: Re: TONIGHT"S ILLEGAL MEETING
Your change amazes me. My words were not of support, so kindly do not patronize me. It is me you are writing to. And
by the way, it's not Mr but Dr. I earned it and expect you to honor it.
>
> Mr. Chervon'y,
>
>Thank you for your kind words of support. I will continue to work hard
>for our community.
>
> Best Regards,
>
>
> Do your part in keeping our planet "Green", minimize paper usage.
>Thank you! - North Bay Village.
> North Bay Village is a public entity subject to Chapter 119 of the
> Florida Statutes concerning public records. E-mail messages are
>covered under such laws and thus subject to disclosure.
>
>
>
>-----Original Message-----
> From: richard chervony [mailto:richardchervony@gmail.com
> <richardchervony@gmail.com>]
>Sent: Wed 1/17/2018 7:06 PM
>To: Andreana Jackson
Page 13 of 27
1
Jim Mccready
Etta Akoni
Assistant State Attorney
Criminal Intake Unit/Traffic Fatality Investigation Unit
Office of the State Attorney's Office
Katherine Fernandez Rundle
1350 N.W. 12th Avenue
Miami, Florida 33136-2111
Page 14 of 27
1
*****IMPORTANT NOTICE*****
The State Attorneys Office is a public agency subject to Chapter 119 of the
Florida Statutes concerning public records. E-mail messages are covered under
such laws and may be subject to disclosure as a public record.
Good Morning,
Thank you for your response. I also received the below email from the Vice-Mayor. Am I wrong to assume that Scott v.
Blum would also apply to this as well?
Thank you for speaking with me last night. I know you are on your way to Daytona Beach this morning however, when
you have a moment please reach out to Mr. Norman Powell (Village Attorney) as he has additional information for you
to send over to the state attorney office concerning the cyber bulling by Mr.Chervony against myself.
I understand that on the surface this appears to be a superficial political disagreement but if a indepth investigation is
conduct prior to sending the information over to the state attorney office one can see this is much much more. I am very
concerned for my safety as Mr. Chervony has posted comments on Facebook with pictures of Ak47s calling for residents
to bar to arms for the against me and, telling people my whereabouts when I workout which is stalking.
I believe Mr. Chervony is also guilty of voter intimidation because, I am not voting to his liking and the Facebook page
called North Bay Village Speaks has plenty of evidence to back up my claim.
Mr. Powell has complete file on my claims which he has been monitoring since November, I would like this additional
evidence sent over to the state attorney office .. If that is not possible please respond back in writing as to why not.
Thank for prompt attention to this matter. Mr. Powell can be be reached at 786-355-4500 and he also ccd on in this
email
Thank you,
~e.~~
lieutenant
Page 15 of 27
2
Jim Mccready
Lt. Mccready,
I truly appreciate your help. At this point, I am moving on. If anything else happens, I will let you know.
Thank you,
Page 16 of 27
1
Jim Mccready
Hi Lt. Mccready,
This additional information makes this situation different for me. Is Mr. Chervony a
convicted felony in Florida or elsewhere? Has Mr. Chervony ever been found to be
incompetent or baker acted? Has he exhibited any erratic behavior with a gun before?
How does Mr. Chervony know Ms. Jackson's whereabouts? I know North Bay Village is a
very tight community but if he is following her we could have a stalking issue, not
cyberstalking. Some additional investigation maybe needed to evaluate if criminal
charges could be pursued from these issues. Ms. Jackson may also want to consider
applying for a civil injunction.
Based on what I read in the prior email, I do not believe the voter intimidation
charge is applicable. Florida Statute section 104.0615 (Voter intimidation or suppression
prohibited; criminal penalties) refers to violation of an individual's voting right. Ms.
Jackson is an elected official who votes on behalf of her constituents. As such, it is her
obligation to vote at their behest and with the constituents best interest in mind. So it
logically follows that her constituents would express their opinions to her about her
voting decision while sitting as Vice Mayor.
<Etta Jl/i.pni
jlssistant State Jlttorney
Crimina{ IntaR§ Vnit/<Traffic PataEi.ty Investigation Vnit
Office of tfie State Jlttorney '.> Office
'l(atfierine Pernanaez <J?..,unafe
1350 N.'W 12'" JI.venue
:Miam~ PCoritfa 33136-2111
(305) 547 - 0255 Office
(305) 547-0260 PaJ(
fittp://miamisao. com
Page 17 of 27
1
*****IMPORTANT NOTICE*****
The State Attorneys Office is a public agency subject to Chapter 119 of the
Florida Statutes concerning public records. E-mail messages are covered under
such laws and may be subject to disclosure as a public record.
Good Morning,
Thank you for your response. I also received the below email from the Vice-Mayor. Am I wrong to assume that Scott v.
Blum would also apply to this as well?
Thank you for speaking with me last night. I know you are on your way to Daytona Beach this morning however, when
you have a moment please reach out to Mr. Norman Powell (Village Attorney) as he has additional information for you
to send over to the state attorney office concerning the cyber bulling by Mr.Chervony against myself.
I understand that on the surface this appears to be a superficial political disagreement but if a indepth investigation is
conduct prior to sending the information over to the state attorney office one can see this is much much more. I am very
concerned for my safety as Mr. Chervony has posted comments on Facebook with pictures of Ak47s calling for residents
to bar to arms for the against me and, telling people my whereabouts when I workout which is stalking.
I believe Mr. Chervony is also guilty of voter intimidation because, I am not voting to his liking and the Facebook page
called North Bay Village Speaks has plenty of evidence to back up my claim.
Mr. Powell has complete file on my claims which he has been monitoring since November, I would like this additional
evidence sent over to the state attorney office .. If that is not possible please respond back in writing as to why not.
Thank for prompt attention to this matter. Mr. Powell can be be reached at 786-355-4500 and he also ccd on in this
email
Thank you,
~e.~~
lieutenant
Page 18 of 27
2
North Bay Village Police Department
Criminal Investigation Division
jmccready@nbvillage.com
!SSS JFK Causeway #300
NBV, Florida 33141
(3D5)758-2S2Sx32
Do your part in keeping our planet "Green", minimize paper usage. Thank you! - North Bay Village.
North Bay Village is a public entity subject to Chapter 119 of the Florida Statutes concerning public records. E-
mail messages are covered under such laws and thus subject to disclosure.
Page 19 of 27
3
If you have any questions or concerns please feel free to email or
call me.
Etta Akoni
Assistant State Attorney
Criminal Intake Unit/Traffic Fatality Investigation Unit
Office of the State Attorney's Office
Katherine Fernandez Rundle
1350 N.W. 12th Avenue
*****IMPORTANT NOTICE*****
As per our conversation, I am forwarding you the attachments that I have received ref this complaint from our Village
Attorney for your review.
Thank You,
Page 20 of 27
4
~(!.?ltc~
Lieutenant
Do your part in keeping our planet "Green", minimize paper usage. Thank you! - North Bay Village.
North Bay Village is a public entity subject to Chapter 119 of the Florida Statutes concerning public records. E-
mail messages are covered under such laws and thus subject to disclosure.
FYI
Thank you.
Page 21 of 27
5
1666 J.F. Kennedy Causeway, Suite 420
North Bay Village, Florida 33141
Telephone: 786-275-6923
Facsimile: 786-348-0167
E-mail: npowell@nbvillage.com
Page 22 of 27
6
E-mail: npowell@nbvillage.com
In reference to your complaint, I visited the North Bay Village Residents Speak Facebook Page and have read each post
going back several months (Sept 2017) that was posted by Dr. Chervony. Attached is only post that I was able to find
that may resemble the post that you had described. This post is captioned "A Call to Arms" as you had described, but
there was no pictures of any weapons or fatigues. Can you please advise if this is that same post you were referring
to? Additionally, I have contacted Face Book to see if any post by Dr. Chervony has been deleted and if he was sent any
warnings from them. Lastly, the Vice-Mayor told me that you have further information for me. If that is correct, can you
please provide me with such. I am trying to close out this case as the Vice Mayor has indicated that she does not want to
proceed with the case at this time.
Thank You,
Jim
~e.?lk~
LiBUtBnant
Page 23 of 27
3
,) ~~~;~~~~j~·~p1Jnbwo1~e/ ;i1£:Z"
'Jif @ hllP··omce-server-gl1· _ell Covert Track· Login {@ login As~ Forfeiture Pro..,
Residents Speak
·~Public Group "'"
"""
Dlsouulon •
Richard Chervony
Deccn1b~r 20. 20 17 Mi~mi Shorn Vill•ge Community
+Join
1,1:l1 memb~rn
Membere I need you present at the upcomtng Special Meeting on Thursday, Dec 21@
7:00 PM (eartlarthan usual). To be discussed re tt\e commission's
events ATTEMPT lo curtail our FREEDOM OF SPEECH. The actions lftaken may
be cause for a llttglous process as !t Is contrary to lawa passed by the State
~'"' granting us the right to speak end 111y whatwa &fiEI fit.
Photos Attempts frcm a commlnlon curtail Ing our rights and our Fre&dom of
Expression Just because we are speaking against their devious actions.
f'llu Please show up If you can and speak, speak, speak.
Recommend11tlona sin soUon
+Join
10. 000 memliers
Joseph Lo."ru
(Raverend
• J. Add Fri1nd
·~ Scola Adam
...,. J, Add Fritnd
rb Like .;> Share
()/J,-10
Engli>li IUSi · Espa~ol
PortuguOs (Brasil) Franr;ais (France)
+
1 Share
Deutsi:h
\llew 2 more comments
•
Pnvacy -Terms· Mvert•otng Ad Chmr.aof<>
Jim Corridan Richard ,which posters have been terqeted? What Coo~ceo More •
fype of posts and is this cease and 'desist letter coming Imm Miami Facebook © 2018
dadeor NBV? Let's face il ,some of those posts wereques~onabte
ond freedom or sp11ech doesn't allow people to slander one
onother .Civility ond cl\lil discourse should be the go~I of this [on.Jm.
;z;:.;i .QI 9
Page 24 of 27
Criminal Investigation Division
jmccready@nbvillage.com
1666 JFK Causeway #300
NBV. Florida 33141
(305)758-2626x32
Yes, that is one of the posts. Unfortunately, I did not print any of the pages at the time I saw
them. I recall that the other post had a skull and bones logo (with the X in the form of two
guns). I also saw that there were several posts debating guns last week that were
removed. So, I am not sure whether any of the earlier posts on the Facebook account were
removed.
It is my understanding that Commissioner Jackson also shared the threatening and direct e-
mails she received from Mr. Chervony. However, your inquiry and Ms. Akoni's
correspondence and analysis appear to be limited solely to Mr. Chervony's Facebook
posts. Were these e-mails provided to the Assistant State Attorney? In addition, Chief
Noriega, these direct threats made to Commissioner Jackson concerning her legislative actions
seem to be substantively the same or similar extortionate threats that are currently under
criminal investigation in the Douglas Hornsby matter, with the exception in this case there is
an identifiable actor. Please advise whether you will be opening up an investigation and
pursing this extortionate and threatening behavior in the same manner?
Thank you.
Page 25 of 27
2
Jim Mccready
Thank you for clarifying what information the ASA received. I do not have any further information or a compete file.
Thank you,
fkunea e. 11tc~
Lieutenant
Page 26 of 27
1
OFFICE OF THE STATE ATTORNEY KATHERINE FERNANDEZ RUNDLE
ELEVENTH JUDICIAL CIRCUIT STATE ATTORNEY
INTEROFFICE MEMORANDUM
On March 14, 2018, the State Attorney's Office received a request to review the above listed case for a
determination by the State Attorney's Office of whether we found there is sufficient evidence to prove the
allegation beyond a reasonable doubt.
A review of the evidence submitted to date, reveals that the charges cannot be filed due to insufficient
evidence. If you believe there is other evidence that supplements this deficiency of evidence in this case, please
do not hesitate to contact me at the above number.
In light of the aforementioned, please be advised that we are closing our file.
0
Please Recycle
Page 27 of 27
0562 - C:\Users\Jim\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\NDLHTNIS\MEMOHEAD-Richard Chevory.Docx]JM