EXCLUSIVE: FMPD interview audio reveals insight into discipline

We’re learning more about Fort Myers’ top cop refused to pursue more than 30 of the recommended disciplinary actions. WINK News has obtained several hours worth of audio interviews related to a vehicle pursuit that broke traffic laws and violated the department’s pursuit policy.

The car chase occurred on December 16, 2022. A Fort Myers police internal investigation shows officers broke traffic laws, potentially putting others in danger, and violated the department’s own policies. In some cases, officers operated outside city jurisdiction in the process of making two arrests over a stolen truck.

It took nearly two months for a complaint to be filed on February 7th of this year.

During questioning by FMPD investigators, Interim Chief Randall Pepitone explains the first time a command staff member voiced their concerns about the pursuit.

Pepitone: “I told him that I wasn’t ignoring it. I wasn’t covering anything up. I was going to have them go through pursuit training or policy training again, and that it was going to be handled. Not necessarily by written reprimand, things like that. But by the way I felt that I had the authority to take care of it.”

Records show Pepitone did not formally discipline anyone prior to the complaint being filed.

Following the investigation – which lasted more than two months – 12 FMPD officers were recommended more than 40 disciplinary actions.

Documents show no policy violations appeared serious – no officers were recommended punishment past “counseling” or “policy review.” And yet, Pepitone chose not to sustain 31 of the 40 counts he signed off on. During his interview with the department, Pepitone talks about finding alternatives to written discipline.

Pepitone: “I always got more out of people if I talk to them, let them know things. Kinda like, let them know they disappointed me or let me down, instead of writing get counseling or written reprimand or something like that.”

FMPD Capt. Victor Medico – who is in charge of the group violence intervention unit that was involved in the car chase – was recommended counseling and policy review for “failing to confirm the accuracy and completeness of associated documents and reports.

In his FMPD interview audio, Medico details why he approved the pursuit report.

Medico: “I stayed in constant contact with Interim Chief Pepitone. He agreed with all this stuff. He ultimately approved this, so, you know, to be sitting here today after the fact is a little… different.”

Medico, who was a finalist for the full-time FMPD chief job, has been with the department for more than 20 years. He acknowledged in his interview audio, the officers involved in the chase needed more training.

Medico: “There was another pursuit not long before this that originally brought up that hey, these guys made need a little additional training. This is a younger group of officers… We were trying to educate the group and speed up that seasoning.”

Pepitone does not mention that other chase in his interview, or express concern about the GVI unit, but he does struggle with the department’s mobile video and audio recording equipment policies.

“I thought the policy was changed that you didn’t have to have it activated until you were actually with the individual,” the Interim Chief tells the investigating officer.

Pepitone incorrectly claims multiple times that officers don’t have to turn on their cameras unless they are with an individual, but according to FMPD General Order 25.3, officers must activate their cameras at the beginning of an investigation or pursuit.

According to paperwork, FMPD officers committed 10 violations related to body-cam and in-car cam policies during this car chase. Pepitone did take disciplinary action in eight of the instances, signing off on counseling.

Pepitone’s internal affairs interview ends, but a second audio file reveals he restarted his interview to make one final statement. In it, he admits policy violations did occur but ultimately defends his handling of the incident.

Pepitone: “We’re talking about some policy violations, minor. It is very important, high liability, I get that. But we’re not talking about somebody violating somebody’s civil rights. We are not talking about somebody using excessive force. We’re talking about some policy violations. So I felt that I, within my authority, had the right to handle it this way.”

WINK News has requested interviews with Interim Chief Pepitone and other members of FMPD leadership but so far, we have not gotten a response.