Four Kissimmee firefighters will not be charged for breaking into a law enforcement vehicle in March because there was no evidence of criminal intent, according to the Orange-Osceola County State Attorney's Office.
Firefighters Seth Campbell, 21, and Michael Kane, 34, faced felony burglary charges after they used a Jiffy-Jack, an emergency vehicle un-locking tool, to open an Osceola County Sheriff’s Office patrol car parked at Kissimmee fire station 12, 1403 Denn John Lane.
Lt. Glen Taylor, 41, and Engineer Eric Gentry, 38, faced a lesser trespassing charge because while they looked through the car, they didn’t use the tool to gain entry, Sheriff's Office officials said.
The Sheriff's Office did not arrest the firefighters, but sent the charging affidavit to the Orange-Osceola County State Attorney’s Office last month for consideration.
According to a city disciplinary report released in April, Kane described the incident as “just fooling around.”
"Because we believe they did not possess criminal intent and disciplinary action was taken within the agency, no criminal charges were filed," said State Attorney's Office spokeswoman Danielle Tavernier.
The four firefighters received suspensions after the city ended its investigation.
According to the findings, access to the car was made twice. Two tickets from a deputy's citation book and a road flare were removed from the vehicle. The firefighters also opened the vehicle’s trunk where they saw an assault rifle with ammunition, fire reports said.
The patrol car was parked at the station during a Sheriff’s Office operation, authorities said.
Taylor, a nine-year employee, was demoted from lieutenant to firefighter and received a cut in annual pay from $49,562 to $44,117, human resource records showed. He was also suspended for 11, 24-hour shifts. And he won't be allowed a pay raise or apply for a promotion for two years, disciplinary reports said.
Kane was suspended for 10 shifts, for entering the car, failing to disclose information during a formal investigation and taking traffic citations. He was also placed on three months of disciplinary probation.
Campbell, a first-year rookie, was also suspended for 10 shifts for entering the vehicle, taking citations and lying during a formal investigation after he didn’t disclose during the first of two interviews that he took the flare, reports said. He told administrators that he later put the flare back in the trunk.
Gentry, a four-year em-ployee, was suspended for six shifts for entering the car and directing fellow employees to lie if they were asked about the incident, city reports said. He will also not be able to receive a pay raise or apply for a promotion for 18 months.
"Right now it's all said and done. The discipline was handed out," said Fire Chief Bob King. "We're trying to move past this and come back together as an organization."
Sheriff's Office officials did not take issue with the state’s decision, only saying they were tasked with providing it with the information.
"It was up to them if they wanted to file charges," said Sheriff's Office spokeswoman Twis Lizasuain.
