Sheriff Carmine Marceno addresses incident after deputy pulled over, taken home

An off-duty deputy was in the back of a squad car, being driven toward the jail after getting pulled over for speeding and failing field sobriety tests. New documents uncovered by WINK raise more questions as to why he never made it to jail and got a ride home instead.

Lee County Sheriff Carmine Marceno sat down exclusively with Investigative Reporter Peter Fleischer to provide answers and lift back the curtain to explain how the Sheriff’s Office made decisions during that incident.

An LCSO report shows the intersection of Lee Boulevard and Sunshine Boulevard is the location where off-duty deputy Michael Soto was pulled over back on the morning of August 20, 2023.

The speed limit is 45 miles per hour, but GPS information from Deputy Christopher Link, who pulled Soto over, showed Link had to drive 118 miles per hour at 3:22 a.m. to make the stop.

Sheriff Marceno reviewed the information with Fleischer and explained that Soto didn’t get a ticket because he was suffering a medical episode while driving home that night.

“Do you want to write someone a ticket that’s having a medical event,” Marceno asked. “Probably not.”

Marceno also noted that despite Link’s speed in making the stop, Soto was not driving that fast.

“I know he (Link) traveled a high rate of speed, but when a vehicle passes you,” Marceno explained,
“It takes a really high rate of speed to catch up to that vehicle.”

An alcohol influence report from that night shows Soto “did a poor job” with field sobriety tests and refused to give a blood, breath, or urine sample. Paperwork claimed he lost balance while listening to instructions, stepped off a straight line, and performed an incorrect turn.

Those actions landed him in the back of Deputy Link’s cruiser.

Returned to scene

Fleischer requested GPS logs from every LCSO car involved with Soto’s incident. The data and designations show that he was transporting Soto. Starting at 3:46 a.m., Link began driving Soto west down Lee Boulevard toward the county jail.

At 4 a.m., logs show Link received a phone call. He then promptly turned back around, going the other way on Lee Boulevard, returning Soto to the scene.”

LCSO Commander James Bogliole, in charge of that morning’s shift, determined Soto was having a medical incident.

“He does a personal assessment and he determines that there’s a medical issue,” Marceno explained, walking through Bogliole’s logic. “I wasn’t there. He makes that call. I stand by that call.”

Deputy provides details

After consent from Soto, LCSO provided more information to help explain his issues. In a written statement, Marceno said that “around the time of the incident, a neurologist diagnosed Soto with anxiety, hypertension, sleep apnea and migraines.”

He also provided a list of eight medications for treatment.

“If you have ailments, it impedes your ability to do field sobriety tests.”

LCSO did not provide any official medical paperwork, or a doctor’s note, citing HIPAA privacy. But Marceno insisted Soto’s ailments and the meds he was taking for treatment explain how he behaved during the stop.

“When there’s a medical event, it depends on the severity, people can do things in a different state of mind,” Marceno reasoned.

Why was he taken home?

Soto was later driven home by Bogliole, not taken to a hospital or medical center. Marceno acknowledged how the outcome might look from the outside looking in, but explained that Soto and his family made the decision to seek care at home that morning.

“A decision was made, one by Soto, and two by the watch commander,” Marceno explained. “The watch commander drove him home. Soto, as an adult, says I don’t want to go to the hospital. I want to go home to my family where I can be treated.”

LCSO also confirmed to WINK that Soto was not internally disciplined following this incident, but was reassigned to court duty, where he is still stationed now. Sheriff Marceno said they wanted to take Soto off the roads to avoid incidents like this in the future.

The following is Marceno’s entire statement to WINK, explaining Soto’s medical episode on the morning of August 20:

                On August 23, 2023, I provided an update to all media outlets explaining the incident appeared to be medically related, and that my on-duty Watch Commander, with over 30 years of law enforcement experience, handled the matter appropriately.

                Subsequently, Deputy Soto permitted the Lee County Sheriff’s Office to release specific medical information, directly related to his relevant medical conditions and medications. Deputy Soto, around the time of the incident, was diagnosed by his neurologist as suffering from anxiety, hypertension, sleep apnea, and migraines. Treatment includes these medications:

• Sumatriptan
• Nurtec ODT
• Bupropion
• Olmesartan
• Lorazepam
• Adderall
• Fluoxetine
• Fenofibrate

                Each of Deputy Soto’s ailments presents its respective symptoms. In addition, each medication prescribed to treat these illnesses has numerous potential side effects, far too many to list here. These symptoms and side effects impacted his actions and appearance.

                Deputy Soto continues his medical treatments and his medications are adjusted by his physicians to best address his medical conditions. He has been assigned to a day shift position to facilitate medical treatment and speed up his full recovery.

                No person, including law enforcement officers, are above the law.

                After reviewing this matter, the on-duty Watch Commander’s determination at the scene that Deputy Soto was suffering from a medical event is confirmed.

Fleischer reached out to Link, Soto, and Bagliole through the Sheriff’s Office. Sheriff Marceno addressed the situation on their behalf.