Sheriff Donald F Eslinger
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D.A.V.I.D

(Drivers License or Motor Vehicle Data Exchange)

Is NOT a Dating Service!

Corruption and illegal activity amongst our local Law Enforcement Agencies here in Seminole County Florida is like a disease. And like most diseases it does not care how old a person is, what their sex happens to be, what religion one chooses or even their race.

Recently SeminoleWatch.com published two articles on the violation of Civil Rights by Seminole County Deputy Sheriff Larry Pirkola. Unfortunately, it is no surprise that yet another local Law Enforcement Officer, has done the same, this time, it is the Oviedo Police Department .The Officer decided to willfully, knowingly and intentionally break the law. In this case the "admitted" criminal has been identified as Sergeant Dwayne L. Walker.

The nature of the civil & criminal violations of both State & Federal statutes was once again connected with the unlawful access of "Highly restricted personal information" maintained by the Florida Department of Highway Safety and Motor Vehicles (DHSMV). To recap, basically information in the D.A.V.I.D. system may only be obtained by law enforcement officers for a law enforcement purpose. And as in the case of Deputy Pirkola, Sergeant Dwayne Walker abused his authority and illegally accessed the file of Florida Citizens. When accessing the D.A.V.I.D. system an officer or authorized user must accept and adhere to the statement and check/agree that the accessing of the D.A.V.I.D database is for Law Enforcement Purposes. (1)

In the case of Sgt. Walker, he violated the rights of at least three Citizens. Since Sgt. Walker resigned in lieu of termination he will be referred to here after as Walker. The names of the three victims of will not be stated in this article. As such we will identify them only by a number. Victim #1 had her highly restricted personal information (HRPI) accessed 19 times, Victim #2 has his HPRI accessed 4 times and Victim #3 had her HPRI accessed once.

So how is it that Walker holding the rank of Sergeant who was a supervisor within the Oviedo Police Department decided to violate the rights of these three victims? Well it is very simple. Walker "out of curiosity" choose not to ask a direct question of Victim #1. Instead Walker, willfully, knowingly and intentionally decided to commit several crimes for his personal use. As we discussed in our previous articles, the unlawful access to the D.A.V.I.D. system without a law enforcement purpose is ILLEGAL!

SeminoleWatch.com, having obtained the two sworn tape recorded interviews of Walker were enlightened as to how many times Walker used the phrases: (2)(3)
"I don’t recall doing it"
"I have no idea"
"I can’t give you an answer why I did that"
"I have no idea why"
"I don’t know why"
"I don’t have a recollection"

We are sure that you get the idea and may even see a pattern developing. This is commonly known as Selective Memory Loss (SML). In the law enforcement academies future law enforcement officers are taught that SML is okay if you are not 100% sure, just NEVER LIE.

A complete copy of the Internal Investigation (IIR 2012-07) was obtained from the Oviedo Police Department which sustained the violations against Sergeant Dwayne Walker for the violations of Oviedo Police Department Rules & Regulations(R&R) 300-24 "Unauthorized use of City Equipment" and R&R 200-8: "Obedience to Laws and Regulations". (4) Having been provided with the investigative report, Oviedo Police Chief Jeffrey Chudnow, proposed that Walker be terminated. (5)

Prior to Walker being fired from the Oviedo Police Department, Walker, like so many other Seminole County Law Enforcement Officers tendered his resignation. And like most Seminole County Law Enforcement Agency heads, Chief Chudnow, accepted the resignation. As mandated by Florida Statutes, the Oviedo Police Department submitted to the Florida Department of Law Enforcement (FDLE) the required Forms. In this case two forms were initially submitted. A CJTSC Form 78 “Internal Investigative Report” dated 12/28/2012 (7) and a CJSTC Form 61 dated 12/20/2012 (6).

Upon reviewing these two Forms, it was discovered that an error had been made on the CJSTC Form 61 dated 12/20/2012. On this document it advised under:

"7E. UNFAVORABLE –MISCONDUCT"
"Voluntary separation or retirement while being investigated for violation of agency or training school policy not involving a moral character violation defined in Rule 11B-27.0011, F.A.C."

On January 7, 2013 this error was brought to the attention of Chief Chudnow. (8) As a result it was discovered that on January 2, 2013 Chief Chudnow had discovered the error and immediately sent FDLE a letter with an amended CJSTC Form 61(9)(9A). On this amended CJSTC Form 61 it now reflected the corrected separation reason as:

"7F. UNFAVORABLE-MISCONDUCT"

"Voluntary separation or retirement in lieu of termination for violation of Section 943.13 (4), F.S., or violation of moral character standards as defined in Rule 11B-27.0011, F.A.C." (11)(12) Also located was the additional CJSTC Form 61A which was required due to the correction on the CJSTC Form 61 which provided the following detailed description of the Misconduct:

Following a banking transaction Sgt. Walker utilized his DAVID account and conducted approx. 19 separate searches in an attempt to identify the teller with whom he had conducted the banking transaction. He then followed her from work and ran the license plate on her vehicle using his CJIS account. He then ran her driver license info and Emergency Contact info as well as that of two other individuals without a legitimate law enforcement purpose and/or an emergency. During his recorded interview, Sgt. Walker admitted to running the info and stated he did so, out of "curiosity." (10)

The importance of these corrections is significant. These corrected documents help to insure that any potential employer would have the facts necessary prior to hiring an officer. We at SeminoleWatch.com would like to express to Chief Chudnow our appreciation for his recognizing the error and immediately taking corrective action.

It is our opinion that Law Enforcement Officers, who have violated the Federally protected Civil Rights of Citizens, should be terminated and not permitted to resign from their positions. In Seminole County Florida we know of only one such instance in which a resignation was not accepted and the Law Enforcement Officer was fired. As we all know the words "FIRED" and "RESIGNED" have two very different meanings and carry a stigma with them.

At the time of this article it is unknown what actions the three victims in our article will or have taken. It is our hope that the information within this article, as well as the two previous articles will provide some options as to the remedies at law available to these victims.

As our article began we compared the illegal activities amongst our Seminole County Law Enforcement Agencies and their officers/deputies, to a disease. We at SeminoleWatch.com believe that a cure is needed and offer our opinion that the Citizens of Seminole County Florida need to hold the leadership of any and all LEO Agencies accountable for the illegal actions of their employees.

We further believe that when the illegal actions are discovered criminal prosecution should be sought both in State Court as well as the Federal System. The internal investigations can come later and under no circumstances should these criminals be allowed to resign. And if the leadership refuses to enforce upon these employees the same manner of prosecution as we the Citizens are subjected to, then the Citizens should exercise the power of the vote or fire the leadership . And by FIRE we do not mean allow the leadership to resign. The systematic virus of corruption that plagues our local law enforcement agencies needs to be addressed and the violations need to be treated with a level of severity that a precedent is set.

Click on below documents:

  1. D.A.V.I.D USAGE WARNIG
  2. First Taped interview of Sgt. Walker 45MB
  3. Second Taped Interview of Sgt. Walker 49MB
  4. Internal Investigation IIR 2012-07
  5. Email sent to Regina Cline dated December 20, 2012
    1. Letter to Chief Maureen Johnson December 20, 2012
    2. Letter to Victim #2 December 13, 2012
    3. Letter to Victim #3 December 13, 2012
  6. CJSTC Form 61 dated 12/20/2012
  7. CJSTC Form 78 dated 12/28/2012
  8. Public records request for corrected CJSTC Forms dated 1/7/2013
  9. Letter to Chief Hopkins FDLS dated 1/2/2013
    1. Corrected CJSTC Form 61 dated 1/2/2013
  10. CJSTC Form 61A (REDACTED)
  11. Florida State Statute 943.13(4)
  12. Rule 11B-27.0011, F.A.C. (Florida Administrative Code)
  13. FSS 784.048 STALKING
  14. FSS 838.022 OFFICIAL MISCONDUCT
  15. Related Article: Seminole County Sheriff’s Dept. named in FHP Troopers Civil Rights Lawsuit
  16. Related Article: Civil Rights Violation just a SMALL Wave
  17. Oviedo Police MOU DHSMV

"All that is necessary for the triumph of evil is for good men to do nothing"
-Edmund Burke