An arrest last March at the Sun Dog Diner in Neptune Beach has left one man calling for an investigation into the Neptune Beach Police Department and a lawsuit against the Sun Dog Diner.
On March 29, 2009 Jeffrey Buckholz was enjoying a few drinks with a friend at the diner when he claims a bouncer from the diner approached him and the two then got into an altercation.
"I don’t know what started it but the bouncer pushed me from behind," said Buckholz. "He said ‘I’m gonna take you out.’ He then grabbed a hold of me and took me out the door. Once we were out the door an off duty officer grabbed me from behind and threw me on the ground."
Buckholz said that the off duty officer threatened to taser him and eventually arrested him, charging him with Disorderly Intoxication, Trespass on Property and Resisting an Officer Without Violence.
"For what, I don’t know," Buckholz said of the charges. "I don’t know if it was a case of mistaken identity. It’s just not right to have been doing nothing and have this happen."
Buckholz said he believes that off-duty officers working for private establishments are not being objective, instead only being loyal to their employer — whatever bar hired them.
The officer that was working off-duty did nothing to find out what was happening or question both parties involved, he said.
"I think they (off-duty officers working extra duty) are just acting as paid thugs," said Buckholz.
The three charges against Buckholz were dropped by the State Attorney’s Office in July of last year but Buckholz has been working to get the charges expunged from his record.
Buckholz, a PhD., runs his own traffic consulting business and frequently serves as an expert witness in court cases. He said having the three charges on his record, even though they were dropped, would negatively impact his business.
According to Buckholz the State Attorney’s Office originally contacted him telling him that the arrest was in error and that they would do an administrative expungement.
The State Attorney’s Office then backtracked after the media showed interest in the case — telling the judge that the arrest was not in error and they would not do an administrative expungement, Buckholz said.
The State Attorney’s office did not return calls for comment on the case.
On Feb. 1 Buckholz took his concerns to the Neptune Beach City Council, telling the council that he felt there needed to be an outside investigation into the Neptune Beach Police Department and that the city should adopt a policy for off duty police working for private establishments.
"The City Council basically just looked at me," said Buckholz. "They don’t seem to be concerned."
Neptune Beach City Manager Jim Jarboe said the city does have policies on off duty officers working for private establishments but failed to elaborate, citing potential pending litigation against the city or the police department.
Buckholz said that he has no current plans to sue the department or city but that it is an option.
Buckholz is, however, pursuing a lawsuit against the bouncer involved in the incident along with the Sun Dog Diner.
Sun Dog was not able to be reached for comment on the case prior to The Recorder’s press deadline.
