Cocoa police chief pursuing charges against teens accused of filming drowning man
Dave Berman
Cocoa Police Chief Mike Cantaloupe is pursuing criminal charges against five teens who were accused of involvement in filming the drowning of a man in Cocoa but did not call 911 for assistance.
Cantaloupe said he will seek misdemeanor charges under a Florida statute related to not reporting a death.
It will be up to State Attorney Phil Archer's office whether to file the charges against the five teens, ages 14 to 18.
Cantaloupe said he also plans to push for new legislation in Florida to further address circumstances like this, specifically focusing on criminal penalties for "not rendering aid" when there is "a horrific case or something of this magnitude."
Cantaloupe said he met Friday morning with Archer and is hopeful that Archer's office will pursue the charges against the teens. Archer is the state attorney in the 18th Judicial Circuit that includes Brevard and Seminole counties.
Under the statute Cantaloupe cited in seeking charges against the teens, "it is the duty of any person … who becomes aware of the death of any person" under certain circumstances "to report such death and circumstances forthwith to the medical examiner." The statute covers a variety of causes of death, including from criminal violence, by accident and by suicide.
Someone found violating the statute is guilty of a first-degree misdemeanor.
For an adult, that would carry a penalty of up to one year in jail, but the penalty structure would be different for a juvenile.
Cantaloupe said he believes this is the first time this statute is being used for this type of circumstance.
"It will be kind of a test case," Cantaloupe said. "We're hoping that it does work out. We think it can" apply in this case.
But, even if the teens are tried and convicted, Cantaloupe said, "I don't know as there's any just outcome" possible, in light of Jamel Dunn's death.
"There's nothing that's going to replace somebody's life," Cantaloupe said
The police chief said he will work with Archer, Brevard County Sheriff Wayne Ivey and other law enforcement leaders on efforts to push for the new state law focusing on "not rendering aid" to someone in distress.
"I'm hoping that we can get support to look at this," Cantaloupe said. "There is no criminal statute that covers somebody not rendering aid in the state of Florida. I think it's something that definitely needs to be looked at. I think it is somewhat surprising that there isn't something that would cover that. There really needs to be something that covers not rendering" aid.
"Obviously, we don't want another family to have to go through what the Dunn family just went though," Cantaloupe said.
According to police, the video showed the teens laughing, cursing and making mocking comments as they filmed a man screaming, then going underwater, in a fenced-off pond off Plaza Parkway on July 9.
Police say the teens made no calls to 911 or otherwise offered assistance to the man.
The man's body was recovered on July 14, and he was identified as Jamel Dunn, 32, who was disabled.
After his body was found, a family friend saw the video on social media and turned the information over to police.
In commenting on the teens' alleged inaction in seeking help, Cantaloupe said "there's always the chance" that Dunn would not have drowned had they called 911 or otherwise tried to help him.
"That video is disturbing," Cantaloupe said during a news conference Friday at Cocoa Police Department headquarters. "I don't even know if I can think of words to describe it. It is seriously disturbing. It's a moral issue. I've been in law enforcement for 27 years, and I don't know if I can really sit here and describe it. It's hard to believe that somebody could watch another human being" in this circumstance "and not do something or at least not notify somebody to try to get help."
In a statement released Friday, Archer said: "Unfortunately, there is currently no statute in Florida law that compels an individual to render, request or seek aid for a person in distress. We are, however, continuing to research whether any other statute may apply to the facts of this case. We have requested that the Cocoa Police Department forward their complete case file to us upon completion of their investigation, so that we can make a final determination."
Cantaloupe said his detectives will provide a "charging document," along with the case file, to Archer's office, which will decide on whether to charge the teens, likely within a few weeks.
Cantaloupe said his officers are aware who all five teens are and have interviewed three of them. He said some of them expressed remorse for their actions, while others did not.
"It's my understanding that the parents were very disturbed by it," Cantaloupe added. "The parents were overly concerned."
Cantaloupe said police have obtained a separate video from a nearby home security camera, which appeared to indicate that Dunn had intentionally gone into the water.
Police are not releasing that video to the media because of the ongoing investigation.
Contact Berman at 321-242-3649 or dberman@floridatoday.com. Follow him on Twitter at @bydaveberman and on Facebook at facebook.com/dave.berman.54.
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