By ZACK McDONALD | The News Herald
PANAMA CITY — A Panama City police officer has been
demoted and suspended for misusing police software to scan confidential
documents of citizens for personal reasons.
Mark Aviles was suspended without pay and demoted from
major to captain in June after he misused his rank and authority to access the
driver and vehicle information database (DAVID) files of multiple citizens for
personal reasons. The search was conducted while Aviles was off-duty and was
not for law enforcement purposes, internal investigators found, which opened
PCPD up to penalties that could’ve affected their law enforcement capabilities,
city records state.
Aviles told internal investigators he was concerned an
ex-boyfriend of his neighbor could have a history of nefarious activities. His
daughter had stayed the night while the ex-boyfriend was in the neighbor’s home
before the couple separated. Once his neighbor told him she suspected her ex
recently placed a tracker on her car, Aviles became suspicious and checked into
the ex’s background for red flags.
“If at the time, I thought that this was a misuse of
the DAVID system, I wouldn’t have done it,” Aviles told internal investigators.
“… What was occurring in my mind was there was an issue, I’m a cop, let me see
what I can find out.”
Aviles requested a subordinate officer run the
ex-boyfriend’s name through the program, since he was off duty and only certain
terminals have access to DAVID. He then accessed 34 confidential reports on at
least six people connected to the ex-boyfriend.
Each time DAVID is started, the system explicitly
notes that use for personal reasons could result in civil or criminal
proceedings against any person involved. When the program questioned Sgt. Phil
Himes about the purpose of his search, Aviles told him it was to verify an
identity.
Himes said he assumed the request was legitimate and
obliged.
