Brad King Response

BRAD KING, STATE ATTORNEY
Fifth Judicial Circuit of Florida

Serving Marion, Lake, Citrus, Sumter, Hernando Counties
RESPONSE TO PUBLIC STATEMENTS BY SHERIFF DANIELS

AND TO PUBLIC RECORDS DEMANDS MADE REGARDING INVESTIGATION
It has been brought to my attention that in a Facebook video Clay County Sheriff Daniels has
indicated that he was presented an ultimatum to either resign his office and withdraw from the
election or be arrested. That is not true. What was proposed to the Sheriff was after his arrest an
early disposition of the case that would allow him to potentially retain his pension.
I have attached for your reference the two emails sent to the Sheriff’s criminal lawyer regarding
the case and the agreement that was proposed.
I do not know Sheriff Daniels, his politics, his opponents, nor for that matter any citizen in Clay
County. When I am asked to prosecute a case, I do it based on the facts and the law and nothing
else.
Since the Sheriff raised this issue, I believe that I can respond thereto. However, regarding other
public records demands that have been made upon my office for various types of information
regarding an assignment by the Governor concerning the investigation, charging or arrest of
Sheriff Darryl Daniels of Clay County, I would direct your attention to Florida Statute 27.151
which says:
(1) If the Governor provides in an executive order issued pursuant to s. 27.14 or s. 27.15 that the
order or a portion thereof is confidential, the order or portion so designated, the application of the
Governor to the Supreme Court and all proceedings thereon, and the order of the Supreme Court
shall be confidential and exempt from the provisions of s. 119.07(1).
(2) The Governor shall base his or her decision to make an executive order confidential on the
criteria set forth in s. 119.14.1
(3) To maintain the confidentiality of the executive order, the state attorney, upon entering the
circuit of assignment, shall immediately have the executive order sealed by the court prior to
filing it with the clerk of the circuit court. The Governor may make public any executive order
issued pursuant to s. 27.14 or s. 27.15 by a subsequent executive order, and at the expiration of a
confidential executive order or any extensions thereof, the executive order and all associated
orders and reports shall be open to the public pursuant to chapter 119 unless the information
contained in the executive order is confidential pursuant to the provisions of chapter 39, chapter
415, chapter 984, or chapter 985.
I read this statute as requiring any State Attorney to hold matters done pursuant to a confidential
Governor’s assignment confidential. If any such executive order is made public by operation of
this law, in the future, I will forthwith respond to records requests that have been made in regard
to this matter.
IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT,
OF THE STATE OF FLORIDA, IN AND FOR CLAY COUNTY
STATE OF FLORIDA CASE NO.
VS
DARRYL DANIELS
______________________________/
STIPULATED AGREEMENT FOR DEFERRED PROSECUTION OF CHARGES
This agreement is entered into between the State of Florida, by and through its undersigned assigned State
Attorney, and the Defendant, personally and through his attorney, Matthew Kachergus.
I have discussed the charges and potential resolutions to them with my lawyer and understand
that in lieu of voluntarily entering into this agreement, I can proceed to trial and exercise all of the rights
listed below.
I am aware of and fully understand that charge(s) listed below have been filed against me in the
above-styled case(s). I understand that the maximum sentence of each charge is as follows:
Charge Imprisonment Fine
MAKING A FALSE STATEMENT TO A LAW 1 YEAR $1,000

ENFORCEMENT OFFICER
MAKING A FALSE STATEMENT TO A LAW 1 YEAR $1,000

ENFORCEMENT OFFICER
1 YEAR $1,000
MAKING A FALSE STATEMENT TO A LAW
ENFORCEMENT OFFICER
TAMPERING WITH EVIDENCE 5 YEARS $5,000
I understand that the agreement is made in my own best interest and enables me to dispose of the
charges without risk of conviction and sentence.
Pursuant to negotiations entered into between the State Attorney's Office, my attorney and/or
myself, I agree the following conditions will apply:
1. Prior to Friday, August 14, 2020 the Defendant shall file with the Supervisor of Elections of
Clay County and the Office of the Governor an immediate and irrevocable resignation of the
Office of Sheriff of Clay County.
2. Prior to Friday, August 14, 2020, the Defendant shall file with the Supervisor of Elections of
Clay County a letter immediately and irrevocably withdrawing from the election for the
Office of Sheriff of Clay County for the 2020 election.
3. The Defendant shall forfeit his law enforcement certification to the Florida Department of
Law Enforcement.
4. Within the time periods provided for by Chapter 106 of the Florida Statutes the Defendant
shall dispose of all campaign contributions.
5. The Defendant shall not seek or move for sealing or expunction of the records of the arrest or
investigation.
6. The Defendant shall pay $1,000 cost of prosecution to the State Attorney’s Office, Fifth
Circuit and $3,000 cost of investigation to the Florida Department of Law Enforcement.
7. Any failure of the Defendant to comply with any standard or special terms of this agreement
may result in the State, at its sole discretion, in reinstituting the charges.
8. The Defendant specifically agrees to waive his right to speedy trial under the Florida Rules of
Criminal Procedure and the United States Constitution.
9. The Defendant specifically agrees to waive the applicability of any statute of limitations
contained in Florida Statute 775.15 regarding the charges filed in this case.
10. The Defendant agrees never to run for the office of Sheriff in any county of the Fourth
Judicial Circuit.
11. The State of Florida agrees to announce a nolle prosequi to the information upon the
Defendant’s completion of the terms set forth above, in the time periods set forth.
By placing my initials beside the following paragraphs, I state that I understand the content of
each item, either by having read each item and/or have discussed them with my attorney; and that each
item so initialed is true and correct as it applies to me:
____ I have discussed with my attorney the facts of these cases and the defenses that might
be available. I am satisfied that my attorney has represented me to the best of his/her
ability and has done all that can be expected of him/her.
____ I have not been promised any reward nor has it been suggested that I will be
rewarded in any manner, or that I will be given any leniency, other than the terms set
forth in this document. No person has used any threats, force, pressure or
intimidation to induce me to enter into this agreement. I do understand that by
entering into this agreement, I may be preserving my right to receive a pension from
the State Retirement System.
____ I fully realize that by entering this agreement, I am waiving any right to a trial by a
jury or by the judge, I am waiving my right to confront and cross-examine my
accusers, I am waiving my right to remain silent or to testify in my own behalf, I am
waiving my right to subpoena witnesses and have them testify for me, and I am
waiving my right to require the state to prove the truth of the charge(s), including
each element thereof, beyond and to the exclusion of every reasonable doubt before I
can be found guilty.
____ I understand that this agreement is void if withdrawn by the state.

______________________________ ____________________
DARRYL DANIELS DATE
DEFENDANT
I am attorney for the defendant in this case(s). I have read and fully explained this document to
the defendant. I have also read and fully explained the Information to the defendant. He has
acknowledged to me that he fully understands the content of both documents. I have explained the
maximum penalty as to each count pled to by the defendant and I consider him competent to understand
the charge(s) against him and the effect of his waiver of rights and plea agreement.
______________________________ ____________________
Matthew Kachergus DATE
ATTORNEY FOR DEFENDANT
On behalf of the State of Florida, I agree to the terms and conditions of this document.
______________________________ ____________________
Brad King DATE
STATE ATTORNEY

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BRAD KING, STATE ATTORNEY

Fifth Judicial Circuit of Florida

RESPONSE TO PUBLIC STATEMENTS BY SHERIFF DANIELS

STATE OF FLORIDA CASE NO.

STIPULATED AGREEMENT FOR DEFERRED PROSECUTION OF CHARGES

Charge Imprisonment Fine

MAKING A FALSE STATEMENT TO A LAW 1 YEAR $1,000

MAKING A FALSE STATEMENT TO A LAW 1 YEAR $1,000

TAMPERING WITH EVIDENCE 5 YEARS $5,000

____ I understand that this agreement is void if withdrawn by the state.

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