Defense attorney: Conflicting JSO statements may impact credibility in firefighter paintball arrests

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JACKSONVILLE, Fla. — New questions are emerging about the Jacksonville Sheriff’s Office criminal investigation that led to the arrest of four Jacksonville Fire and Rescue Department firefighters.

Action News Jax first reported the criminal mischief arrests Friday of four JFRD firefighters, accused of firing paintball guns at property, passing vehicles, and even a marked JSO patrol cruiser.

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But Action News Jax’s Ben Becker is digging deeper into conflicting statements from the Sheriff’s Office about whether the case was ever closed -- and if so, why it was later described as being reopened.

Becker found discrepancies between what JSO’s communications team stated in writing and what the sheriff later said to him during an interview on Thursday about the status of the investigation.

“I was told it was reopened,” Becker asked Waters in an interview.

“Nothing was closed,” Waters responded. When Becker noted he had been told in an email the case was “reopened,” Waters replied, “That’s a bad word.”

Those emails tell a different story.

RELATED: Four Jacksonville firefighters arrested after paintball ‘prank war’, police say

Becker first learned about the incident in early January and emailed the sheriff’s office. On Thursday, January 15, JSO’s media relations manager emailed Becker back stating the investigation had been “closed following the initial response and follow-up by detectives.”

Full Email

“In researching the given information, the applicable Information Report has been closed following the initial response and follow-up by detectives. According to the additional information, a subject in the reported action was unable to be identified as a result of the investigation. Furthermore, there was no reported damage to either vehicle and neither complainant (potential victim) wished to seek any further law enforcement action. As a result, the Information Report was closed and due to the nature of the complaint and the potential of it involving one of their employees, JFRD was made aware of the investigation and our findings.”

After Becker requested an interview with Sheriff Waters, another email was sent Tuesday, January 20, stating: “The case you reference below has been re-opened and is an active criminal investigation.”

When Becker asked why it was reopened, JSO responded that “the Integrity Unit has re-opened the criminal investigation at the request of their chain of command.”

RELATED: Another JFRD firefighter placed on leave amid JSO paintball prank investigation

To better understand the potential implications, Action News Jax spoke with Jacksonville criminal defense attorney Mitch Stone, who is not connected to the case.

“As a defense lawyer, I would certainly capitalize on that,” Stone said.

While police are legally allowed to reopen investigations, even without new evidence, Stone said conflicting explanations about a case’s status could raise credibility concerns. Those issues, he said, could come to light during the discovery process through internal emails, phone calls, and other communications.

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“If they had indiscriminately put the file down and closed it without doing a full investigation, then I would think that would be a bad look for the sheriff,” Stone said. “They would want to reopen it and do their job.”

According to the unredacted investigative report, one firefighter told the JSO Integrity Unit that they threw paintballs at a police cruiser after someone yelled “cop car,” prompting everyone to “get two or three and just launch them.” The firefighter said they “thought it was funny” and that they were “messing with” a JSO officer, but said there was no malicious intent and no intent to cause damage, according to booking documents.

In addition, the report said firefighters claimed to have started throwing paintballs at each other after the pressurized CO2 cannister of the paintball gun lost pressure. Eventually they were directed to stop by a captain who was also taking part in the activity. The paintball gun was acquired as part of a “White Elephant” gift exchange for Christmas.

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Becker asked Waters how that conduct would be received if the roles were reversed with JSO officers shooting paintball guns at JFRD firemen. “It won’t go over,” Waters said. “It won’t fly.”

The four firefighters who were arrested are scheduled to appear in court on February 23.

A fifth firefighter is on administrative leave, but JSO said that there are no additional arrests pending in the investigation.

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