City of Ocala refusing to pay for damage after SWAT officers broke store owners' property
City of Ocala refusing to pay for SWAT damage
Jim Lefebvre has only one question for the City of Ocala and the Ocala Police Department's SWAT team that destroyed his gate: "Why should I be responsible for a gate that I didn't break?" He said the OPD told him when they cut through several stores’ gates in search of Albert Shell Jr after he allegedly opened fire at the Paddock Mall that they were following protocol.
OCALA, Fla. - Jim Lefebvre has only one question for the City of Ocala and the Ocala Police Department's SWAT team that destroyed his gate: "Why should I be responsible for a gate that I didn't break?"
He said the OPD told him when they cut through several stores’ gates in search of Albert Shell Jr after he allegedly opened fire at the Paddock Mall that they were following protocol.
That’s why the City of Ocala said the department won’t pay for the damage.
"It seems unreasonable that it's protocol to break into a store," said Lefebvre.
For the gate alone, one company quoted him $8,000. Another quoted him $5,000. However, to get to the gate, a separate contractor will have to cut open the drywall and then replace it again once the new frame is installed. That will add thousands to the total bill.
"I'm a victim of a crime, in my opinion, at this point, because someone damaged property that I'm now having to pay for."
SWAT Officers cut through gate at Paddock Mall (Source: Jim Lefebvre)
Ben Davis, who owns Sea the Source, confirmed to FOX 35 News that he, too, was told by the police department that the SWAT team was just following protocol and that he would have to pay for things they broke.
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When FOX 35 asked the OPD about this, they directed us to the city, which confirmed that the claim was denied.
"It just seems like they're taking the stance: ‘Well, what can he do about it?’ You know, and that's how I feel," said Lefebvre.
FOX 35 reached out to the Institute for Justice, a nonprofit that’s dealt with cases like this before. Jeffrey Redfern, an attorney with the institute, said he wasn’t surprised when he heard Lefebvre and Davis’ stories.
"It's pretty typical for local governments to say, look, our officers are acting reasonably, so we're not going to pay," said Redfern.
The Institute for Justice argues the U.S. Constitution should protect against this type of thing. The Fifth Amendment guarantees that citizens can not be deprived of property without due process and that one's private property can not be taken for public use without just compensation.
"Look, this damage is happening. Someone is paying for it," said Redfern. "The city is almost always going to be in a better position to pay for something than a random homeowner or small business owner."
"When you really start to think about the whole thing, it doesn't make sense," said Lefebvre.
Lefebvre wound up reaching out to the Ocala Police Department on Jan. 17 to attempt to file a police report against their own department. He said nothing came of it.