State won’t prosecute former Fort Myers Police captain

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Jay Rodriguez (Photo Credit: Lee County Sheriff’s Office)

The state will not prosecute Jay Rodriguez, a former a captain with the Fort Myers Police Department, according to new court documents.

Rodriguez was accused of soliciting and engaging 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.

The state filed a notice that it would not prosecute Rodriguez Thursday. He faced charges for prostitution, official misconduct and perjury.

Rodriguez was a high-ranking captain at the department and was arrested after a video surfaced that supposedly showed him engaging in sexual acts at a massage parlor.

According to a court document filed in October, Rodriguez and his defense team asked for video recording of him — key evidence in the case against him — not be used by prosecutors.

The defense team claims in its motion there was no video authorized, approved or allowed as part of the operation, and say it was not part of standard FMPD practices under the type of operation being conducted.

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