The Spitfire Grill: From Stage to Screen
VOLUME 5 ISSUE 3
$2
January 23, 2024 | 6 PM | Marion Theatre See preview of the Feb. 8-25 OCT performance JANUARY 19 - JANUARY 25, 2024
Family of Marion jail inmate who died in custody files wrongful death suit against sheriff
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Local, state and national statistics don’t paint a clear picture on crime rates
Family claims altercation with multiple deputies led to death of man diagnosed with mental illness.
Ocala Police Chief Mike Balken speaks about the arrest of Albert Shell Jr. during a press conference at the Ocala Police Department in Ocala on Monday, Jan. 8, 2024. [Bruce Ackerman/Ocala Gazette] 2024.
By Jennifer Hunt Murty jennifer@ocalagazette.com
Scott Whitley [Supplied]
By Caroline Brauchler caroline@ocalagazette.com
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he family of an inmate who died in custody at the Marion County Jail has filed a wrongful death lawsuit against Sheriff Billy Woods and several corrections deputies involved in the man’s death. The lawsuit claims that while Scott Whitley, 47, was in custody at the jail in November 2022, “He was killed by deputies despite complying with their commands and remaining seated in his cell.” The plaintiff, sister Pam Whitley on behalf of the decedent’s estate, requests that the court reward damages on all counts against the defendants, in addition to attorney’s fees and any other compensatory, exemplary and punitive damages that the court decides as just. Whitley had been diagnosed with schizophrenia and bipolar disorder, which his sister said the Marion County Sheriff ’s Office was aware of yet didn’t take into consideration when interacting with Whitley in the jail. “Scotty he was a very kind and caring person,” Pam Whitley said. “He had a zest for life. No matter what was going on. He always would wake up and be excited for the day. I always admired that about Scotty.” Whitley was labeled as a suicide precaution inmate after being taken into custody on Nov. 16, which required him to be held in surveilled solitary confinement and for jail personnel to conduct strip searches and cell inspections every 15 minutes, according to MCSO policy 6541.00. On the day Whitley died, jail staff See Family, page A8
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s the rate of violent crime down in Marion County and across Florida and the nation? Gov. Ron DeSantis has
asserted many times during his presidential campaign and to his supporters over the years that crime rates are down across Florida. These comments raise questions about where the governor is getting the numbers to
support his claim because the Florida Department of Law Enforcement, the agency charged with gathering that information, admits it does not have accurate statistics. Last year, the “Gazette” reported on the nationwide glitch in crime reporting statistics. The newspaper revisited the issue after Ocala Police Chief Mike Balken asserted during a press conference announcing the apprehension of Paddock Mall shooter Albert Shell that “violent crime is down locally, across the state and nation.” Balken recently met with the “Gazette” to elaborate on his agency’s data. The newspaper has also reached out to the Marion County Sheriff ’s Office to discuss the issue, but the agency has either ignored or provided excuses for its failure to provide crime data while also admitting that the statistics on file with FDLE and the FBI are not accurate. The “feeling” among citizens that crime is increasing is prevalent across the country according to a recent Gallup poll. Balken said during the press conference if it “felt” like crime rates had increased locally it was because his agency was informing the public more of what has happening in Ocala through its social media channels. Balken said his agency is reviewing thousands of files to recategorize crimes under
the new reporting system and the department was hesitant to submit reports that hadn’t been verified. Balken says it’s a lot of work to backtrack through files, and practically speaking he’d like to “stop doing it and move forward.” As the “Gazette” previously reported, in 2021 there was a change in how law enforcement agencies across the country report crimes to the FBI. It has been an awkward transition and possibly led to a false narrative that crime rates across the country are decreasing. Since 1930, the FBI has relied on its Uniform Crime Reporting (UCR) Program to generate reliable statistics for use in law enforcement. According to the agency’s website, the FBI has historically collected data from “more than 18,000 city, university and college, county, state, tribal, and federal law enforcement agencies” that “participate voluntarily and submit their crime data either through a state UCR program or directly to the FBI’s UCR Program.” But law enforcement agencies were notified a few years ago that starting in 2021, reporting requirements would be expanded to allow law enforcement agencies to provide more detailed information. The transition has caused a delay in many See Crime, page A2
McClain files candidacy for county commission seat By Caroline Brauchler caroline@ocalagazette.com
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arion County Commissioner Matthew McClain has entered the race to retain the District 3 seat he was appointed to by Gov. Ron DeSantis last September. McClain, 34, a third-generation Marion County resident, formerly worked in the state Legislature as the chief aide under Florida Sen. Dennis Baxley since 2016 and worked under former Rep. Charlie Stone since 2011. He earned his associate degree and bachelor’s degree in business from the College of Central Florida. McClain, a Republican, and his family bought a home in his district in Marion County after being appointed to the commission to fill the vacancy left by the resignation of former Commissioner Jeff Gold. “I believe my unique experience is what makes me the best candidate for this position, having spent over a decade working in state government,” he said. “Part of my job in the Florida Legislature was helping keep democracy in state government. I’d like to do the same thing on the county commission, which is making sure that people are able to effectively navigate bureaucracy in their
local government.” county’s penny sales tax as some of the McClain will run against David other commissioners. Blackwell, also a Republican, for the “I like the sales tax. I think it’s the District 3 seat. County commissioners fairest form of taxation that government received an annual salary of $103,500 in currently has in place because everyone Fiscal Year 2023-2024. pays it,” McClain said. If no candidates from another party He voted yes to putting the 20-year enter the race, Republicans McClain and renewal for the tax on the ballot in the Blackwell will face off during the primary See McClain, page A2 election on Aug. 20. If elected, McClain said his top priority would be to stay on top of the county’s infrastructure and needs given the large amount of people moving to Florida and, specifically, to Marion County. “My biggest priority is just making sure that we’re managing this growth, effectively making sure we have the infrastructure and services as the growth increases because you can’t stop growth,” he said. When it comes to methods of easing the strain of growth and funding infrastructure such as roads File photo: Matt McClain of the Marion County Commission listens during and safety, McClain had a the Historic Marion County Commission meeting held at the Fort King slightly different take on National Historic Landmark in Ocala on Tuesday, Nov. 7, 2023. [Bruce the potential renewal of the Ackerman/Ocala Gazette] 2023.
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