Mitchell: Lying led to FMPD chief’s firing

FORT MYERS, Fla. – Lying during an internal police investigation into the high-profile arrest of a NFL player led to the firing of Fort Myers Police Chief Douglas Baker on Friday, City Manager William Mitchell said.

In a memo to city leaders, Mitchell said Baker’s contract was terminated “because it is my judgement as city manager that a change in leadership is necessary to enable the City of Fort Myers Police Department to continue to move forward.”

After the document was released, Mitchell said Baker’s firing was based on what the former police chief said during the investigation into Nate Allen’s arrest.

“The call was never received by the police captain and there was no conversation,” Mitchell said. “The city police department can benefit from new leadership and a fresh perspective.”

When reached at home, Baker said he was not given a reason for his dismissal, nor did he ask for one. He added that the firing was a surprise.

“That was the decision, and that’s how it is, and that’s how it’s going to be,” he said.

Baker joined the department in 1986 and rose through the ranks, becoming chief in 2008. Baker, whose annual salary was more than $136,000, received a three-year contract extension in December.

Captain Dennis Eads, who oversees the department’s professional standards bureau, was sworn in as interim police chief following Baker’s removal.

“I’ve been here for almost 29 years, so I’m dedicated to the agency and the city,” he said. “We’re just going to continue moving forward and work with the officers and make sure that they have an understanding of everything that’s happening and work together.”

Missed phone call

Allen, a defensive back for the Oakland Raiders and a Fort Myers native, was arrested in February on U.S. Highway 41 for allegedly exposing himself to an underage girl. Baker told internal investigators he called Capt. Duke Perry, who oversees the department’s detective bureau, and asked for Allen to be released. Perry said that conversation never happened. The internal investigation, which was completed Thursday, supported Perry’s claim.

Investigators said when they confronted Baker about the phone call discrepancy, his reply was “I can’t explain it.”

Charges were dropped against Allen after it was determined he never committed a crime.

Allen’s lawyer, Sawyer Smith, sent a letter of intention to sue to the department in July, claiming Allen’s civil rights were violated. Allen, who was in custody for five hours, should not have been arrested because the charge was a misdemeanor, authorities said.

Smith said Baker’s firing should have happened sooner.

“The police benevolent association came before city council and told them this,” said Smith, citing morale and other issues within the department. “It’s the city manager’s job to be ahead of things like this. It should not have taken Nate Allen to realize that they had a problem.”

In a text to the Fort Myers News-Press, Allen said he didn’t intend for Baker to lose his job.

“I just wanted the proper actions to be taken to make sure something like that didn’t happen to someone else,” he told the newspaper. “At the end of the day, a man has lost his job and that is never the type of thing I wanted. Chief Baker and his family are in my prayers.”

Firing “had to happen”

During a city council meeting last week, Baker said the internal investigation was “very thorough,” that there was “no untruthfulness” to his statements and believes there were other motives behind a push to remove him.

“There’s no wild secret about the relationship between the (police) union and myself,” he said. “I’m not afraid to terminate when it reaches that level. I have no fear of arbitrators.  I have no fear of losing in the event. The union’s going to do what the union does. They talk about agendas. They have an agenda too, but that’s their business, that’s what they do. We’re going to keep moving on. Tomorrow’s another day and it is what it is.”

Baker’s firing comes two weeks after the head of the local police union called for his resignation.

Matt Sellers, president of the Gulf Coast Police Benevolent Association, accused Baker of lying during the five month internal investigation, which resulted in four officers being reprimanded and two others suspended.

“The Nate Allen internal investigation just basically brought everything to light here, and the bottom line was that the chief was untruthful,” he said.

Sellers was scheduled to meet with Mitchell, the city manager, on Friday to discuss the internal investigation, but the meeting was canceled after Baker’s firing.

Fort Myers Mayor Randy Henderson said Baker’s removal “had to happen.”

“I remind myself, he is a mere mortal, as we all are,” he said. “He was under extreme stress. I am saddened by it.”

Unsolved homicides

Baker’s firing comes as the department has yet to solve a number of deadly shootings, including the death of 5-year-old Andrew Faust Jr., who was killed during a drive-by shooting in 2014.

Two men were charged in the killing, but were released in July after a witness refused to cooperate with authorities.

Faust’s mother, Toyetta Simpson, said Baker did everything he could as chief, but believes his removal is the perfect time for the community to start fresh.