Two Fort Myers police officers fired, one for having sex while on duty

Writer: Melissa Montoya
Published: Updated:
Fort Myers Police Department (CREDIT: WINK News)

The Fort Myers Police Department has terminated two of its officers, one of them for having sex with a woman while on the clock.

Brandon Winters was fired on Monday after a woman he knew from the police academy said she had to move away from her Fort Myers apartment because Winters began leaving her notes after she told him she no longer wanted a sexual relationship, according to an internal affairs investigation.

The woman is a deputy with the Charlotte County Sheriff’s Office.

Also terminated was Joshua Kuhl, who was fired on Tuesday. An internal affairs investigation was not available for Kuhl on Friday.

A Fort Myers police spokeswoman declined a request for an interview but issued a statement instead.

“At the Fort Myers Police Department, we believe in policing ourselves in the same manner as we police our community. We hold ourselves to the highest possible standard and believe in operating in a transparent and open manner,” said Public Information Officer Kristin Capuzzi. “Last week, Chief Derrick Diggs terminated both officers for engaging in behavior that is not acceptable for a Fort Myers Police Officer. Their actions were contrary to the Code of Ethics, Department Policy, and our high standards.”

The woman reported Winters’ conduct to police in May of this year and provided them with text messages between her and the police officer.

The 66-page investigation for Winters shows how the relationship between him and the woman was consensual at the beginning but then soured.

Winters and the woman met in the police academy in 2019. She told investigators their sexual relationship began in May of 2020 and went through late August or early September of the same year.

She then told Winters she didn’t want to continue having sex with him because she wanted a serious relationship.

After she said no, Winters continued to text her asking her for sex and on at least two occasions left notes on her car where she lived.

The woman told FMPD that she ended up breaking her lease at her apartment to keep Winters from trying to see her again. Even after she moved, she said Winters kept messaging her, asking for her new address.

According to the internal affairs investigation, Winters messaged the woman 67 times between Dec. 2020 and May 2021 asking for sex.

She finally reported it to the Fort Myers Police Department on May 27.

The final action summary for the investigation shows he was terminated for falsifying a number of calls for service in the woman’s neighborhood to be able to stop by her home for sex.

In addition, the investigation sustained allegations that Winters was sexting while on duty and that he failed to turn on his body camera during calls for service.

“Obviously it’s disappointing anytime the chief feels the need to terminate an officer that the wrongdoing has risen to that level. However, what’s important to recognize here is the message that’s been sent, that the chief is committed to holding his officers responsible for their actions,” Fort Myers Mayor Kevin Anderson said in a statement. “Obviously, it’s not acceptable behavior. And I need to be very clear that this behavior is not reflective of the men and women of the Fort Myers Police Department. An overwhelming majority of them come to work every day dedicated to serving the citizens dedicated and focused on keeping this community safe.”

This is not the first time in the last two weeks where an officer has been terminated at the police department.

On Nov. 30, Jason Jackson was fired for maintaining a sexual relationship with a former confidential informant and failing to devote time and attention to the service of the city.

The Breaking News Authority will update this developing story.

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