Marsy's law could protect identities of officers involved in Monday shooting
SARASOTA- Charlotte County Sheriff’s Office is still processing the scene where an Englewood Man died during an officer involved shooting.
61-year-old Bradley Rundle died after he fired his gun toward Deputies, and an amendment passed in November could protect the identities of the officers involved.
The Officers involved in Monday’s shooting are currently on paid administrative leave while the State’s Attorney’s office completes their routine investigation.
“They send out their own investigators who mirror our investigation but come to their own conclusion,” Heck said.
Typically the names of the officers involved in shootings are released a few days later, but this time they are waiting for the legal department to determine if Marsy’s law applies.
“In this case because the Deputies were fired upon,” Heck said. “They are also actual victims of essentially an assault from the suspect who is now deceased, so right now we are managing the exemption on that as well and looking into that.”
The law passed by voters in November protects victim’s identities. But Constitutional Lawyer Andrea Flynn Mogensen says it shouldn’t apply here.
“Marsy’s Law is very poorly written,” Mogensen said. “It’s expansively written, but it’s clear that the intent of the law is not necessarily to protect law enforcement officers in a situation like this.”
Mogensen says the law can interfere with the state’s sunshine laws.
“Fortunately for Florida,” Mogenson said. “We have been leading the nation and in some ways the world in governmental transparency, and to use this newly enacted law that was intended to protect victims, to get around those very strong protections seems to be absurd.”
Charlotte County Sheriff’s Office legal team is still trying to determine if the Marsy’s law exemption applies.
“Depending on what the outcome is and looking into the legal issues of that, we don’t see that they would be not exempt under that, but we’re just double checking that.”