COMPLAINT NO Florida Statute(s): (1); ; and (l)(c);

Transcription

1 IN THE CIRCUIT/COUNTY COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA COMPLAINT NO OIG CASE NO Flrida Statute(s): (1); ; and (l)(c); Charge(s): Unlawful cmpensatin r reward fr Official Behavir (6 CNTS); Unlawful use f a twway cmmunicatin device (a cellular phne) t facilitate a felny ffense; Official Miscnduct - by delaying the reprting f a felny which directly affected the gvernment agency he wrked fr as a Crrectinal Officer STATE OF FLORIDA, Plaintiff, v. Lexen Lenard Barringtn; B/M; DOB: SSN: DL: Defendant. ;/

2 AFFIDAVIT FOR ARREST WARRANT THE STATE OF FLORIDA COUNTY OF ORANGE BEFORE 1\'IE, the undersigned Judge, appeared Senir Inspectr Mark A. Garcia, a swrn Law Enfrcement Officer, fr the Office f Inspectr General, Flrida Department f Crrectins, wh, via swrn affidavit, said that frm December 31 st 2017 thrugh February 20th 2018, in Orange Cunty, Flrida, the Defendant, frmer Crrectinal Officer Lexen Lenard Barringtn, did in vilatin f sectin(s) (1); ; and (l)(c) - Flrida Statutes, cmmit the felny crimes f: Unlawful cmpensatin r reward fr fficial behavir (6 CNTS); Unlawful use f a tw-way cmmunicatin device (a cellular phne) t facilitate a felny ffense; and Official Miscnduct - by delaying the reprting f a felny which directly affected the gvernment agency he wrked fr as a Crrectinal Officer. Specifically; The defendant Lexen Lenard Barringtn (Officer Barringtn) was hired by the Flrida Department f Crrectins (FDC), May 19th, 2017, t a psitin as a swrn Crrectinal Officer at the Central Flrida Receptin Center, a state crrectinal institutin. He was spnsred by the FDC t the crrectins academy, trained, and certified by the Criminal Justice Standards and Training Cmmissin t perfrm his duties as an fficer and his ath f ffice. Shrtly after his graduatin frm the crrectins academy, and during his emplyment with the FDC, fellw crrectinal fficers received and reprted infrmatin frm numerus inmates, cncerning Officer Barringtn. The inmates and staff members reprted t the Office f Inspectr General, that Officer Barringtn was invlved in the intrductin f cntraband items (tbacc prducts, cell phnes, and Synthetic Cannabinids) int the institutin, in exchange fr mnetary cmpensatin. He received payments via Western Unin and Mney Gram mne transfers. Furthermre, it was re rted that Officer Barrin n wrked fr inmates It was als reprted and dcumented that Officer Barringtn cmmunicated with inmates via his persnal cell phne Cnsequently, Yur Affiant initiated a criminal investigatin int the defendant and his unlawful activity. Yur Affiant btained evidence, via subpenaed financial recrds, dcumentatin, swrn recrded statements, and ther evidence, that Officer Barringtn did in fact, smuggle cntraband, accept six (6) unlawful payments frm inmate relatives r :friends, cmmunicate with inmates via his persnal cell phne t a cntraband cell phne, and engage in fficial miscnduct while emplyed with the FDC. The evidence shwed: I. II. III. IV. December 31st, Officer Barringtn received Western Unin Mney Transfer (MTCN ) in the amunt f $150.00, frm Michelle Hunt, the wife f Inmate Terrantn Hunt [524637], an inmate under his custdy, care, and cntrl. January 11 th, Officer Barringtn received Mney Gram (transfer reference number ) in the amunt f $50.00, frm Shavnna Clark, the sister f Inmate Raesean Ple [T78632], an inmate under his custdy care, and cntrl. January 22 nd, Officer Barringtn received Mney Gram (transfer reference number ) in the amunt f $45.00 frm Sphia Claire, cusin f Inmate David Ple [K54567], an inmate under his custdy, care, and cntrl. January 24th, Officer Barringtn received Mney Gram (transfer reference number ) in the amunt f$100.00, frm Randall Cnnr, a persnal friend f Inmate Jhn Abbtt [707052], an inmate under his custdy, care, and cntrl.

3 V. VI. January 25th, Officer Barringtn received Western Unin Mney Transfer (MTCN ) in the amunt f$100.00, frm Catrina Shantrell Simmns, a persnal friend f Inmate Devante Carthers [C05165], an inmate under his custdy, care, and cntrl. January 29th, Officer Barringtn received Mney Gram (transfer reference number ) in the amunt f $ frm Misty Calligan, the girlfriend f Inmate Edgar Lwery [K50136], an inmate under his custdy, care, and cntrl. The evidence shwed Officer Barringtn cllected the mnetary payments, as his identity was cnfirmed upn cllectin f the payments, when he prvided the Western Unin and Mney Gram vendrs with his name, date f birth, hme address, and Flrida driver's license as identificatin. Officer Barringtn's acceptance the payments frm inmates via third parties, was nt authrized by the FDC, and the payments were nt part f his nrmal wages. Digitally recrded testimny cllected during this investigatin, revealed the payments accepted by Officer Barringtn, were sent t him by inmates, via their relatives, friends r visitrs, as payment fr the intrductin f cntraband items int the institutin. There was n evidence that the payment remitters (inmate friends and relatives), had any knwledge that the defendant was an fficer with the FDC. Therefre, Officer Barringtn vilated FS (1) "unlawful cmpensatin r reward fr Official Behavir" (6 CNTS)- when he accepted a ttal f $ in unlawful cmpensatin frm friends and family members f inmates under his custdy. Based n my training and experience, cupled with the testimny and evidence, I, Yur Affiant, recgnized the methdlgy, f paying fr cntraband via third party mnetary transfers, as ne cmmnly used by inmates, t pay fr the intrductin f cntraband items int a state crrectinal institutin; r used by crrupt staff, in rder t prfit fr their unlawful cnduct while n duty. During this investigatin, several inmates were identified as cntact Barringtn's intrductin f cntraband and unlawful activity. Inmate rtner t Officer Barringtn. On March 16, 2018, was ne f the inmates identifie~ security staff discvered Inmate in pssessin f a cntraband cell phne. He was disciplined via the FDC internal administrative prcess fr pssessin f the cntraband cell phne. Yur Affiant interviewed Inmate digitally recrded interview, Inmate as part f this investigatin. advised the fllwing: During a swrn He understd he was under ath and culd be charged with the crime f Perjury if he lied during his statement. Inmate stated his prperty was searched by tw fficers. The fficers recvered a "Psh" cell phne in a red flder cncealed in his prperty. The Psh cell phne was cnsidered a cntraband cell phne t which he admitted wnership. Inmate llllllllllllfurther stated the cell phne was linked t Officer Barringtn, because he used it t call, text, and message Officer Barringtn t request cntraband. He received cntraband tbacc directly frm Officer Barringtn n at least tw ccasins. Officer Barringtn's persnal cell phne number was saved n his (Inmate cntraband cell phne as cntact '111111'. Inmate indicated he, (Inmate Camern Dawes C04~ d Officer Barringtn t cnduct cntraband business. Additinally, Inmate explained

4 OIG Case #: that, in all, he paid Officer Barringtn apprximately $ fr cntraband tbacc. He paid Officer Barringtn via Western Unin and Mney Gram mney transfers. Inmate further advised that Officer Barringtn dealt with multiple inmates including Inmate Dawes. Pst-Interview Inmate signed an FDC Office f Inspectr General Cnsent t r Ntificatin f Search frm (DCl-804), thereby prviding written cnsent fr a search f his cntraband "Psh" cell phne. Inmate Dawes refused t cperate with this investigatin. The cntraband Psh cell phne was prcessed as evidence and submitted t the Flrida Department f Law Enfrcement (FDLE) labratry, fr frensic analysis/extractin. The FDLE cmpleted its frensic analysis f the cntraband cell phne recvered frm Inmate The cntraband cell phne analysis reprt (extractin reprt) was dcumented n FDLE reprt number The FDLE cell phne analysis extractin reprt shwed the fllwing: Officer Barringtn used a tw-way cmmunicatin device (his persnal cell phne), t cmmunicate with Inmate m the Psh cntraband cell phne. The cntraband cell phne "cntacts list" had Officer Barringtn's persnal cell phne listed as cntact '111111',just as Inmate indicated in his statement. The extractin reprt shwed 2,778 incming and utging calls n the cntraband cell phne call lg. The call lg listed 29 incming/utging phne calls between the cntraband cell phne and Officer Barringtn' s persnal cell phne (. The calls were between 01/23/2018 and 02/25/2018. The length f the calls varied frm a few secnds t a 16:05 minute call n 02/23/2018. The call lg listed 8827 SMS Messages (text messages) n the cntraband cell phne. There were 18 text messages between Officer Barringtn' s cell phne and the cntraband cell phne frm 02/15/2018 thrugh 02/25/2018. The text messages were: February 15th, 2018 Frm Officer Barringtn - "I'm just tryna make sure he delete all my stuff ut the phne" T Officer Barringtn - "He did" Frm Officer Barringtn - "Yu sure" Frm Officer Barringtn - "In want n surprises b4 I get t wrk" T Officer Barringtn - "Bra they can't get in the phne it's ff and it has a lck n it" Frm Officer Barringtn - "Alright" T Officer Barringtn- "U gd bra trust" T Officer Barringtn- "If everything a g fr tnight I need it t be bra" February 19th, 2018 T Officer Barringtn- "Bra I need a lighter t" Frm Officer Barringtn - "Alright"

5 T Officer Barringtn - "Ight" Frm Officer Barringtn - "Yu gt a cashapp" T Officer Barringtn- "My ppl d" Frm Officer Barringtn - "Tryna get $50 real quick they culd send it r nah...if nt it's str8" T Officer Barringtn - "She just gt t wrk and wn't g n break until later" February 20th, 2018 Frm Officer Barringtn- "I'm at east tnight" February 24th, 2018 Frm Officer Barringtn - "Y" February 25 th, 2018 Frm Officer Barringtn - "Y" The cntraband cell phne extractin reprt shwed Officer Barringtn cmmunicated with Inmateas he indicated durin~ ent, via the tw-way cmmunicatin devices. Officer Barringtn als called Inmate - -regularly and exchanged text messages with him. The cntent f the text messages shwed Officer Barringtn used the cmminatin devices t further the intrductin f cntraband and prfit frm said activity. Officer Barringtn knew his activity was a vilatin f Flrida statutes, as demnstrated by his request that all his infrmatin be deleted frm the cntraband cell phne n February 15 th, 2018; which was an attempt t cnceal his activity. Cnsequently, Officer Barringtn vilated FS Unlawful use f a tw-way cmmunicatin device (his persnal cell phne) t facilitate a felny (acceptance funlawful cmpensatin/intrductin fcntraband). Additinally, Officer Barringtn als vilated FS (1)(c) - Official Miscnduct - When the he bstructed, delayed, r prevented the cmmunicatin f infrmatin r~ cmmissin f a felny (Pssessin f a cntraband cell phne by Inmate's and Dawes, FS (J)(c)), which directly affected the gvernment entity (the FDC) which he served as a Crrectinal Officer. Inmate Jhny Bnheur [T48091] was identified as anther inmate invlved with Officer Barringtn's unlawful activity... Yur Affiant cnducted a swrn digitally recrded interview f Inmate Jhny Bnheur [T48091]..._ Several ther inmates were identified as pints f cntact fr Officer Barringtn's unlawful activity. Hwever, they t denied invlvement with Officer Barringtn.

6 OIG Case #: th, 2019 at 08:55 AM, Officer Barringtn called me frm his persnal cell phne t my ffice number Initially he agreed t prvide a statement and meet with me February 14th, 2019 at 10:00 AM, in Miami fr an interview. He stated I culd cntact him at his cell phne when I was in the area. He inquired as t the nature f this investigatin, and I infrmed Officer Barringtn that this investigatin was criminal. I explained t him that he was entitled t representatin frm a lawyer and that he was nt required t answer questins r prvide a statement. Officer Barringtn then indicated he did nt wish t prvide a statement. This investigatin cncluded withut Officer Barringtn's input. Therefre, Yur Mfiant respectfully request that an Arrest Warrant be issued fr: Lexen Lenard Barringtn; B/M; DOB: ;DL: SSN: Fr the Criminal Offenses f: Acceptance f Unlawful Cmpensatin 6 cunts FS (1) - fr acceptance f a ttal f $ in unlawful cmpensatin frm friends and family members f inmates under his custdy. Unlawful Use f a Tw-Way Cmmunicatin Device (a cell phne) t facilitate a Felny FS fr utilizing his persnal cell phne t facilitate the felny f "Acceptance f unlawful cmpensatin". Official Miscnduct FS (l)(c) - fr his bstructin, delay, r preventin n the cmmunicatin finfrmatin relating t the cmmissin fthe felny "Pssessin f a cntraband cell phne by Inmate's - and Dawes in vilatin f FS (l)(c)", which directly affected the gvernment entity (the FDC) which he served as a Crrectinal Officer. Investigative reprts, recrded statements, and evidence will Warrant. this Arrest ~'Y~ TC)',AN'J) SUBSCRIBED }.',&fr this~day f/cl'::::fv/j/){) G\, 20_!_~_\ m the Cunty and State afresaid

7 IN THE CIRCUIT/COUNTY COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA COMPLAINT NO. OIG CASE NO Flrida Statute(s): (I); ; and (l)(c); Charge(s): Unlawful cmpensatin r reward fr Official Behavir (6 CNTS); Unlawful use f a twway cmmunicatin device (a cellular phne) t facilitate a felny ffense; Official Miscnduct - by delaying the reprting f a felny which directly affected the gvernment agency he wrked fr as a Crrectinal Officer STATE OF FLORIDA, Plaintiff, V. Lexen Lenard Barrin B/M; DOB: SSN: Defendant I

8 ARREST WARRANT TO: ALL AND SINGULAR THE SHERIFFS OF THE STATE OF FLORIDA; SPECIAL AGENTS OF THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT; AND/OR ANY INVESTIGATOR OF THE SEVERAL STATE ATTORNEYS' OFFICES; AND/OR ANY MUNICIPAL POLICE OFFICER, INCLUDING MEMBERS OF THE OFFICE OF INSPECTOR GENERAL DEPARTMENT OF CORRECTIONS An Affidavit r swrn Cmplaint having this day been presented t me as Cmmitting Magistrate wherein it is alleged that frm December 3 pt 2017 thrugh February 20 th 2018, in Orange Cunty, Flrida, the Defendant, Lexen Lenard Barringtn, did in vilatin f sectin(s) (1); ; and (l)(c), Flrida Statutes, Accept unlawful cmpensatin r reward fr Official Behavir (6 CNTS); Unlawfully use f a tw-way cmmunicatin device (a cellular phne) t facilitate a felny ffense; and engage in Official Miscnduct. The Curt finding prbable cause that the named Defendant did cmmit the alleged crimes frm the facts swrn t in the affidavit. THEREFORE, yu are hereby cmmanded t arrest instanter the said Defendant if he/she be fund within yur jurisdictin and bring said Defendant befre the prper curt t be dealt with accrding t law. n cntact with inmates r family named in affidavit fr warrant 100, The said Defendant shall be admitted t bail in the sum f $, and the curt impses the fllwing special cnditins f bail, bnd, r ther pretrial release: may be mdified by First Appearance Judge; may nt be mdified by Appearance Judge x (COURT SEAL) JUDGE

9 RETURN Received the within riginal Warrant n the day f, 20_, and executed the same in Cunty, Flrida, by arresting the within named Defendant, and at the same time infnning him/her fthe cause farrest and the issuance fthis warrant. NAME TITLE