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Criminal Complaints Against City Officials

In December of 2007 and January of 2008, STAND Chairman Ron Bynum filed five criminal complaints with the Florida Department of Law Enforcement, Volusia County State’s Attorney’s office, Volusia County Sheriff’s Department, Senator Evelyn Lynn, the Florida Auditor General and the local FBI office.

Initially, the FBI stated they would investigate the Beach Street Condominium complaint and may be doing so.  The Florida Department of Law Enforcement said they would consider investigating the complaints, then declined to do so with the State’s Attorney’s input.  Assistant State’s Attorney Smith stated there was, ‘No probable cause,’ to investigate any of the Daytona Beach City officials named in the complaint.

Probable cause is defined as: ‘Apparent facts discovered through logical inquiry that would lead a reasonably intelligent and prudent person to believe that an accused person has committed a crime, thereby warranting his or her prosecution.
Or:  A level of reasonable belief, based on facts that can be articulated, that is required to sue a person in civil court or to arrest and prosecute a person in criminal court. Before a person can be sued or arrested and prosecuted, the civil plaintiff or police and prosecutor must possess enough facts that would lead a to believe that the claim or charge is true.

With the facts and supporting data provided in the criminal complaints it certainly appears there are more than enough facts and evidence to support ‘probable cause’ investigating that accused city officials may have committed a crime.  It’s much more likely these agencies are selectively enforcing the law and protecting their friends in Daytona Beach government during an election year.

Bynum has recently taken his case to the Florida Governors office by requesting a special prosecutor and Grand Jury be appointed to investigate the criminal allegations.  (Please read the Hometown News story at http://www.myhometownnews.net/index.php?id=40961 ).

A Daytona Beach resident has also filed a civil lawsuit regarding the Beach Street Condominium project recently, which we will include when we receive a copy through public records requests.