The officer, Fernando Herrera,
47, has been suspended pending the outcome of an internal investigation.
According to the Hendry County
Sheriff's Office he was booked and released Tuesday for Aggravated Stalking and
Battery on a law enforcement officer.
According to a press release
from HCSO, on Tuesday Herrera was arrested for that charge.
On Monday a current certified
law enforcement officer with the Hendry County Sheriff's Office reported that
on Nov. 29, he was attacked by Herrera who was off duty in the parking lot of
the Shell gas station on State Road 80 in the Pioneer Plantation Community, the
release states.
Herrera was in his uniform
pants, duty boots and a black t-shirt - the off-duty deputy explained he had
stopped at the convenience store to purchase items. While walking to his car he
heard someone yell "hey" and he was allegedly attacked by Herrera
when he turned around, according to the release.
The deputy was knocked to the
ground and continually punched. The deputy was able to get up and got into a
heated conversation with Herrera, according to the release.
"The deputy related to
supervisors that Herrera alluded to the fact that he had a gun in his trunk and
things could have been much worse. Herrera went on to say that he had thoughts
of burning his house, with the deputy inside," according to the release.
Herrera was released on $7,000
bond - it is an ongoing investigation - and there may be possible pending
charges, the release states.
Clewiston Police Chief Don
Gutshell said the allegations are concerning. He notes the importance of public
trust.
The question of infidelity
being a motive is being explored in an internal investigation into the matter.
"Like everyone I've heard
all of the rumors and I don't know, that's one of the things that we'll have to
resolve as we go through our investigation."
Meanwhile, Herrera is suspended
from the police department with pay. The internal investigation by Clewiston
Police Department is expected to take between two to four weeks.
The reason for confrontation
Fort Myers criminal defense
attorney Joe Viacava says emotions became heated when -- former Hendry County
deputy and now current Clewiston Police officer -- Fernando Herrera confronted
a Hendry County deputy.
The reason? Herrera believes
the deputy is having an affair with his wife.
"What I will say is that
there was clearly inappropriate action by a lot of people in this case. But
what has to be separated is what is a crime and what is immoral," Joe
Viacava said.
Herrera's accused of stalking
and attacking the deputy at a Shell Gas station on State Road 80. Herrera's
wife also works as a deputy at the Hendry County Sheriff's Office.
"Explain to me how you
could be having an affair with someone else's wife, violating police procedure
how you are doing it, and then be completely shocked that that person shows up
to confront you in a public place. And you're a police officer and then
complain you're a victim of a crime," Viacava said.
The Clewiston Police Department
is also looking into the alleged affair as part of its investigation into
Herrera's actions.
"Like everyone, I've heard
all of the various rumors. I don't know that's one of the things that we'll
have to resolve as we go through our investigation is what drove this,"
Clewiston Chief of Police Don Gutshell said.
We reached out to the Hendry
County Sheriff's Office for comment and all three personnel files. We also
asked if Herrera's wife worked in the same unit as the alleged victim. We are
still waiting for a response.
Herrera's attorney says despite
the allegations -- the public can still trust both men.
"These are actually both
very honest, good decent people. But sometimes some people put themselves in a
very inappropriate position. But this is not something where they should worry
about being protected at their homes. They have honorable records,"
Viacava added.
