Trial of former Bradenton police deputy chief Warren Merriman starts

BRADENTON -- The trial in the theft case against former Bradenton deputy police chief Warren Merriman got underway Monday.

Merriman, 44, is charged with two counts of misdemeanor petit theft. Prosecutors decided to drop another count, according to an order of "nolle prosequi" filed Feb. 5.

Prosecutors say he submitted hours not completed during off-duty details, and asked a subordinate to help him with a home project while on duty.

Allegations against the 17-year Bradenton police veteran became public Sept. 8, 2014, when the city placed him on paid administrative leave. Merriman, who declined to comment Monday, has maintained his innocence.

In January 2015, he was formally terminated from his position with the Bradenton Police Department.

Assistant State Attorney Heather Doyle questioned Bradenton Police Lt. John Affolter in court Monday, asking in particular about the time around Feb. 25, 2014. Affolter was Watch Commander at the time -- a position he said is like being the chief of police for a particular shift.

That date is when Merriman allegedly left an off-duty security detail at McKechnie Field prior to the end of his shift to play in a tennis league match at G.T. Bray Park. Merriman contacted Sgt. William Knight to cover the end of the shift and Knight worked from 6:15 to 9 p.m., according to a document released by Bradenton Police Chief Michael Radzilowski in December 2014 recommending Merriman's termination from the department.

According to the document, Merriman had pre-signed the invoice, which was completed by Knight. The following day, Knight used white-out to remove the end time from the pay sheet, but Merriman completed it, listing his end time as 9 p.m.

"On the evening of Feb. 25, did you ever receive a call from Warren Merriman?" Doyle asked Affolter.

"Not that I recall," Affolter responded.

"How sure are you that

Warren Merriman did not call you?" Doyle asked.

Lt. Affolter said he was "99 percent sure."

Defense attorney Brett McIntosh also questioned Affolter about Bradenton Police Captain William Fowler.

Radzilowski is expected to testify Tuesday in the trial.

"I simply no longer have any confidence in Deputy Chief Merriman's ability to serve BPD (Bradenton Police Department) effectively," Radzilowski wrote in his December 2014 letter addressed to Bradenton Mayor Wayne Poston. "Termination of Deputy Chief Warren T. Merriman III's employment with BPD is therefore appropriate."

The trial resumes at 8:30 a.m. Tuesday.

This story was originally published February 8, 2016 at 11:07 PM with the headline "Trial of former Bradenton police deputy chief Warren Merriman starts ."