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Collier County Sheriff's Office Professional Responsibility Bureau Investigative Summary To: dng Avthony ‘Thru: Undershenff'Tom Store, #145 Thre Chief jm Blo, #802 ‘Tors Captan Al Beaty, #405 Date: October 6, 2008 Re: PRB. Cove #07-238 Investigation: A. Date & Time of Incident: Various, 2006 2007 Be Complainant: Me: Danielle La Ross Employee tavolved: Cpl Ben Rowe, #2579, Road Patol D. Complaint Description: Ms, La Rosa has allege that her ex-boyfnend, Cp. Hen Rene, #2579, forged her father’s sagnarure ‘oma statement shat falsely desenbed her lean sar By domg £0, Ma. La Rosa stated tha she was able o qualify for Medicad benefits for her ch and herslE Further, Ms: Larosa alleged that Cpl. Rowe ulized the NCIC/ECIC and DAVID data bases to atte to find oot where she hae moved Lastly, Ms. Ls Rowa alleged chat Cp. Rowe forced hs way nt her hare by hacking, the door open and bang her wnt E, Policy Violation: ‘© Chapter P.6, Secnon 63.3, Group 1, Paragraph to-wit: “Immoral, unlewfil, ot improper cimat." ‘+ Chapter P-6, Secton 633, Group tll, Paragaph 24 to-wit; “Accesseye FCIC/NCIC, (C)Net, NLECTS or the Intertate [denufcasn Tad (I) system for purposes that ae nov suthonzed...” ‘© Deputy Ricardo Herrera, #1920 Summary: (On October 17,2007, Ms. Danelle La Rosa came tothe Collier County Sherif’ Office (CCSO), Professional Responsibility Bureau (PRE) to make an allegation of Member Misconduct against her Former boy friend, and father of her child, Cp Benjamin Rowe, #2579 Ms, La Rosa made several allegations against Cp. Rowe, listed as follows; ‘+ She and Cpl. Rowe knowingly forged her father's signature ona statement used in the application for Medicaid benefits. ‘The statement was forged by Cpl. Rowe believing that without the statement, she would ot qualify for benefits * The information contained inthe letter, allegedly forged by Cpl. Rowe, was known by pl. Rowe to be untruthful + Cpl Rowe ulizd the CCSO databases, and of NCICIFCIC databases to determine her current address. Cpl Rowe epeataly drove by her house to harass her, * Cpl. Rowe forced his way into her home, hiting her with the door. “*Nole ~ Ms. La Rosa provided the original documents question (letters) o Sgt. Whi the criminal investigation for Due to the criminal nature ofthe issues involving Medicaid benefits, Sy. David White, #535, nd Detective Tom Muscato, #372, conducted an inlerview and received « sworn, SHatcment from Ms, La Rosa, This interview was conducted atthe PRB office and Ms. La Rosa scknowledged, and waived her Miranda warnings prior to giving any sworn testimony. Ms. Larosa advised the following: ‘During their relationship, she became pregnant with Cpl, Rowe's child. * During the pregnancy, she applied for Medicaid benefit to pay forthe medical costs incurred by having s child ‘Advised that she was tld that to receive benefits from Medicaid, she would have to provides statement from her parents, advising that she lived with, and was being supported by them, + Advised she utilized her parent's residence as her mailing address, but was staying with Cpl. Rowe approximately 60-70 percent ofthe time. ‘+ Advised her father, Kenneth Newlon, refused to write or sign the necessary statement because *..most of my (her time was at Ben, Benjamin Rowe's house and that was his ‘baby, he needed to step up othe plate, my dad wasn't going todo it ‘+ Advised it was Cpl. Rowe's idea to write the necessary statement and sign her father’s frame tot, ‘Advised she was present when Cpl. Rowe wrote, and signe, the document(s) in question Advised there were two statements written and signed by Cp. Rowe. The first did not ‘contain the required det therefore a second was written and signed + Advised the documents were faxed to Modiaid fom Cpl. Rowe's residence. + Acknowledge tha by giving the statement, she could become a defendant. After addressing the potential criminal elements ofthe allegation with Set. White, Ms. ‘LaRosa provided me with statement that included the following: Alleged Cpl. Rowe had accessed her driver license information as well as specific fiends and business associates, to find out where she was living or what her new mailing address was. Alleged Cpl. Rowe told her he had “tes and ran a report. .on..Geral (zel)." Alleged Cpl. Rowe had been driving by her home but has only observed his vehicle on Alleged that on August 10, 2007, Cpl Rowe came to het heme, attempted 1 se their daughter. When Danelle refused, Cpl. Rowe became iat, kicked the door in and she ‘was hitby the door. (Note— This incident was not reported to law enforcement and ‘occurred in Lee County.) inal Tnvestigation: After receiving the mii! statement from Ms. La Rosa, gt. White contacted the Florida Derartment of Law Enforcement (FDLE.) FDLE isthe lead agency for investigating issues involving Medicaid. FDLE assigned the investigation to Ms. Jenifer Wheeler, Public, ‘Assistance Fraud Investigator. Ms. Wheeler's investigative packets included inthis investigative file and her Affidavit of Complaint states the following: + Ms. La Rosa di not reside with her parents atthe time during the DCF application petiod. + During the application period, Ms. La Rosa lived with Cpl. Rowe. Cpl. Rowe forge the signature of Kenneth Newion o letters received by the Medicaid ‘department on March 2, 2006 and March 1, 2006 + Cpl. Rove falsified information regarding Danielle La Ross's residency, household composition, nd income in and attempt to aid and abet Ms. La Rosa to faudalently ‘qualify for Public Assistance benefit, + Established thatthe document that Cpl. Rowe forged allowed Ms. La Rosa to receive '52308.00 in Food Stamp benefits durin the months of Sepiember 2006 through December 2006, to which she was not legally ented ‘To establish these facts, Ms. Wheeler spoke with, and listed the following people as witnesses, in addition to Ms La Rosa: Ms. Judy Chigaros who is employed by the Department of Children and Families. Ms. CChigaros is listed as being able to establish the over isuanee of funds based on the lewers writen by Cpl. Rowe. ‘+ Ms. Linda Newion, Ms. La Rosa's mother, who advised, and provided a swom Statement stating, that Ms. La Rosa lived with Cpl. Rowe duing the yea of February, 2006 through February, 2007, ‘+ Mr. Kenneth Neston, Ms. La Rosa's father, who advised, and provided a sworn statement stating, that he did not complete, siga, or authorize anyone to complete or sign the docamerits submitted to DCF. Mr, Newton also locked at, and confirmed that hh did not write orsign the subject documents, ‘+ Mr, Benny J. Lum, who is a Criminalist and handwriting exaert withthe Broward (County Sherit?'s Oric, concued that twas "Highly Probable” that Cpl. Rowe wrote and signed the documents in question, ‘Note ~ During the criminal investigation, Cpl. Rowe was given the opportunity to provide a statement in relation tg the investigation. Cpl. Rowe, with his attomey Michelle Hill present, chose to exercise his" Amendment right to not provide statement Atte conclusion of the criminal investigation, Ms. Wheeler submitted an Affidavit of ‘Complaint for both Cpl. Rowe and Ms. La Ross. The Complaints state tht Cpl, Rowe ane Ms, La Rosa *..did knowingly, by means ofa false statement, misrepresentation, of other fraudulent means fal to disclose a material fact used in making a determination asta his/er ‘qualification to reee've aid or benefits under a state or federally funded assistance progran: or did frowingly fail to disclose change in circumssance in order to obtain or contine to recive aid or benefits under such program in an amount larger than tha 1 which helshe was entitled: ‘or did knowingly aid and abet another person inthe commission or any such at, contraryto the provision of Secton 414.39(1), Florida Statutes," Alter submission, the State Attomey's Office chase to issue a warrant for Ms. La Rosa, ‘but denied the warrat request for Cpl. Rowe. According to an e-mail from Assistant State ‘Attorney Amy Rosbocough, Stale Attomey Steve Ruscll concluded that because the hand ‘writing expen could only make the rling of “Highly Probable” and not “Definite” as to Cpl Rowe being the author ofthe documents, the ease was not proseculale against him. Adusinistrtive Inter ‘On May 23, 2008, interviewed and received recorded swor statement, under Garrity, from Cpl. Ban Rowe, #2579, at the PRB office. Cpl. Rowe made the following, statements in response to Ms, La Rose's allegation: Data Bace/ Drive-by allegations: ‘+ Inveference t» running Ms. La Rosa inthe DAVID system, FCIC/NCIC or any other

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