Police Officer Arrests Her Supervisor

Police Officer Arrests Her Supervisor

On January 1, 2021, Gainesville Police Department Corporal Scott W. Bertzyk was driving in the vicinity of 6200 W. Newberry Road in Gainesville, Florida, when he reached down for his lighter and crashed into a vehicle that had just started to move at a green traffic light. There were no injuries at the scene, however the people in the vehicle struck by Bertzyk subsequently sought medical care.

Gainesville Police Officer Brooke Shutterly responded to the crash and immediately recognized Corporal "Bertie" Bertzyk as involved. According to the report of Officer Shutterly, "While investigating the crash I observed Bertzyk having difficulty maintaining balance. He was also slurring his words and had difficulty physically grasping his driver's license when I handed it back to him."

After performing poorly on standardized field sobriety exercises, Bertzyk was arrested and eventually handcuffed at his own insistence. Bertzyk later provided two breath samples, which registered .156% BAC and .153% BAC. Post-Miranda, Bertzyk admitted that he had been drinking Bacardi and Diet Coke.

Bertzyk was charged with driving under the influence with property damage, and eventually pleaded no contest to the misdemeanor charge. Bertzyk was sentenced to fines totaling $974, 50 hours of community service, various substance abuse and DUI classes, and a six-month driver's license suspension. Bertzyk was subsequently sued by the driver and passenger of the vehicle he struck, and a settlement was reached in that case.

A subsequent internal investigation by the Gainesville Police Department concluded that Corporal Bertzyk violated City of Gainesville Policy E-3, Rule 44A, "Pleading guilty or nolo contendere to, or being found guilty by a jury or court of a misdemeanor involving physical violence, theft, driving under the influence of alcohol or drugs or possession or sale of drugs, regardless of whether or not adjudication is withheld and probation is imposed." Corporal Bertzyk received a written "employee notice," a five-day (40 hour) suspension without pay, and the execution of a Last Chance Agreement and Release. In the course of the Internal Affairs investigation, Corporal Bertzyk alleged that he was not impaired at the time of the crash, and that he had prepared and consumed a very strong alcoholic drink during the course of the crash investigation.

Florida's Criminal Justice Standards & Training Commission (CJSTC) is responsible for the training and certification of law enforcement and correctional officers in the State of Florida. In response to Bertzyk's DUI conviction, on August 31, 2022, the CJSTC imposed a five-day retroactive suspension, and ninety-day prospective suspension of Bertzyk's law enforcement officer certification, along with a one-year term of probation beginning at the conclusion of the suspension period. Bertzyk was also required to provide CJSTC staff with "proof of successful completion of Commission-approved substance abuse counseling prior to the end of the probationary period."

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