FDLE arrests Fort Myers police captain for prostitution, official misconduct and perjury

Writer: Derrick Shaw
Published: Updated:

FDLE agents have arrested Jay Rodriguez, 46, of Cape Coral, for prostitution, official misconduct and perjury. Rodriguez is a captain with the Fort Myers Police Department but is now on unpaid leave. FDLE began its investigation on February 12 at the request of FMPD.

The investigation shows that Rodriguez solicited and engaged in prostitution with a female massage therapist while on duty and acting in an undercover capacity during a massage parlor operation in Fort Myers on March 14, 2013.

Fort Myers Police Captain Jay Rodriguez

Rodriguez authored a falsified account of his actions during the operation, which was relied upon by the arresting officer to affect the arrests of two women at the massage parlor.

Rodriguez also committed perjury when he made a false statement under oath during an official FMPD internal affairs investigation on January 8, 2019, stating that he had never engaged in sex while on duty.

Rodriguez faces charges of 3rd Degree Felony Official Misconduct, 3rd Degree Felony Perjury in an Official Proceeding and 1st Degree Misdemeanor Solicitation of Prostitution.

Throughout the day, we tried talking to Rodriguez about the new charges. But he did not answer.

Dr. David Thomas, a forensics professor at Florida Gulf Coast University, explains why FMPD continued to pay Rodriguez.

“Based on what the video was, what I’ve seen a hundred times, there was clear and convincing evidence; but, he is still entitled to due process, which means he has to go through those charges,” Dr. Thomas said. “You know, you have to have criminal charges in order to move forward. That really released the department from any liability.”

Dr. Thomas said from here, it will be up to the chief of police if they are going to terminate him or not.

“I can’t imagine that they will allow him to stay,” Dr. Thomas said.

Fort Myers Police Chief Derrick Diggs said in a statement:

“Although the incident occurred 3 years prior to my arrival, I take any allegations of misconduct by our officers seriously. His actions should in no way reflect on the character and integrity of this organization or the men and women who tirelessly work every day to protect the good people of Ft Myers.”

Rodriguez was arrested Tuesday and booked into the Lee County Jail. He posted bail the same day.

In response, Fort Myers Mayor Randy Henderson says, “We expect FDLE and Chief Diggs to protect the citizens and pursue justice and let them do their job.”

This case will be prosecuted by the office of the state attorney, 12th Judicial Circuit.

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