Sheriff demotes, suspends deputy

MANATEE — A Manatee County Sheriff’s Office deputy has been suspended from work and demoted after he wrongfully arrested a former state representative in his home, according to an internal affairs report.

Deputy Lee Harrington, who has worked for the sheriff’s office for three years, arrested Mark Flanagan on Sept. 7 after he reportedly obstructed a hit-and-run crash investigation.

Harrington was trying to find Flanagan’s son to be a possible witness to the crash involving property damage.

Flanagan refused and offered to give Harrington a business card instead. Harrington followed Flanagan into the residence and arrested him, according to reports.

“There’s no exigent circumstances. ... Mark Flanagan is not a suspect or witness. Mark Flanagan’s son is a possible witness,” said Sheriff Brad Steube.

The state attorney’s office dropped the charges two days after Flanagan’s arrest.

Harrington had no legal grounds to arrest Flanangan in his home for a misdemeanor, Steube said.

Law enforcement can enter private property to make an arrest without a warrant only if a suspect has committed a violent crime, they obtain consent from a property owner or they are in “hot pursuit” of a fleeing suspect facing felony charges, according to Florida law cited by the internal investigators.

Harrington consulted with another deputy rather than a supervisor before deciding to arrest Flanagan. For non-traffic misdemeanors, the sheriff’s office normally gives a notice to appear in court.

During the internal investigation, Harrington was assigned to work at the jail as deputy. When Harrington returns to work after losing 240 hours without pay, he will report as a dispatcher.

Harrington was making $42,909 annually as a deputy. As a dispatcher, he will earn $31,990 per year.

Harrington, who is currently suspended, declined to comment.

Steube said Harrington’s discipline was consistent with punishments the sheriff’s office has given in previous cases.

Steube acknowledged it is possible Flanagan will sue the sheriff’s office.

“People are going to sue you no matter what. You can be right and people will sue you,” Steube said. “When an employee gets in trouble, we investigate it and whatever comes out, comes out in the end.”

Flanagan’s attorney, state Rep. Bill Glavano, did not return a phone call Tuesday.

Harrington’s internal affairs report will be sent to Florida Department of Law Enforcement’s Criminal Justice and Training Standard’s Commission to review whether he will keep his certification as a law enforcement officer, Steube said.

Harrington had two other disciplinary incidents as a deputy at the sheriff’s office.

In 2006, he was involved in a minor car crash and received a verbal reprimand. In 2007, he received a letter of reprimand after he took a report for an attempted child abduction, but did not immediately alert supervisors to notify detectives sooner.