Five months ago, four Marion County Fire Rescue employees were arrested and accused of hazing a fellow fire rescue worker at a station house.
Initially charged were Seth Darren Day, Edward Theodore Kenny III and Tate William Trauthwein and Kaylee Kathleen Bradley.
On Feb. 5, prosecutors dismissed charges of robbery and principal to robbery against Bradley, 26. Bradley was represented by attorney Andy Ingram.
The cases against Day, Kenny and Trauthwein continued. The charges against the trio included battery and false imprisonment. At the time of their arrests, they were charged with kidnapping, robbery and battery.
Inside Circuit Judge Timothy McCourt’s courtroom on April 30, Kenny, Day and Trauthwein appeared with their attorneys for a change-of-plea hearing. Day was represented by Bobi J. Frank, Trauthwein by Ian Pickens, and Kenny by Kyle Erickson of the Office of Criminal Conflict and Civil Regional Counsel.
Under the plea agreement, the men pleaded guilty to a charge of battery, with adjudication withheld. The deal meant that instead of going to trial and potentially facing jail time if convicted, the men would receive one year of probation.
While on probation, the men must meet several conditions, including completing 100 hours of community service, having no contact with the alleged victim and completing an anger management course.
Before accepting the plea, the judge asked to hear from both sides about why the cases had changed significantly from the time of arrest to the present. Under the original charges, the men could have faced life in prison if convicted at trial.
Assistant State Attorney Drew Brandies told the court that after reviewing the cases, speaking with the alleged victim and evaluating the offenses under case law, prosecutors believed the amended charges were appropriate.
Brandies said that given the defendants’ lack of prior criminal histories, their young ages and their acceptance of responsibility, the decision was made to move forward with the negotiated plea agreement.
Defense attorneys presented the judge with photos and text messages from the incident. The judge was told the alleged victim did not appear to be in distress and appeared to be smiling at one point during the incident. The attorneys said the men were young, described the incident as commonplace and cited other instances in which their clients had experienced similar situations.
The defense said the men accepted accountability and responsibility for their actions, that their statements had never wavered and that they cooperated with law enforcement.
The attorneys also told the judge the men were very sorry, that they had been fired and could lose their certifications. They asked the judge to accept the pleas.
Hearing from the victim & sentencing
At the time of their arrest, Bradley was a former paramedic; Day and Trauthwein were firefighter/EMTs; and Kenny was an EMT.
Judge McCourt asked to hear from the alleged victim, Kayne Anthony Stuart.
Stuart was present in the courtroom. He approached the podium, was sworn in and was asked by the judge whether he agreed with the plea deal. Stuart responded that he agreed 100%.
With the victim’s approval, the judge accepted the plea agreement. Day, 22, Kenny, 22, and Trauthwein, 20, each pleaded guilty to a charge of battery. Each told the judge they were guilty of the offense and were sentenced accordingly.
Trauthwein, Day and Kenny now work in construction, and their jobs require travel, according to both the men and their attorneys. The judge said he did not object to them traveling for work but instructed them to clear any travel with their probation officers.
Judge wishes defendants luck
Addressing the defendants, the judge said there was no indication that the trio failed in their duties when they served as first responders in the county. He said it appeared that horseplay got out of hand, leading to their arrests. The charges they initially faced were extremely serious, he noted.
Judge McCourt said the men are young and that the incident should not define their lives. He encouraged them to move forward, learn from the experience and wished them luck.
At the conclusion of the hearing, the men were fingerprinted and released. All three had previously posted bail.
Case background
According to a Marion County Sheriff’s Office report, a 19-year-old Marion County Fire Rescue employee was beaten on his buttocks with a belt, dragged by his feet and waterboarded on Nov. 16 outside Fire Station 21 at 7884 SW 90th St. in Ocala.
Deputies said the incident occurred after the victim declined to show the others what he believed was an embarrassing TikTok dance video. Investigators said the video had been deleted and could not be located.
The sheriff’s office said Trauthwein took the victim’s phone and handed it to Bradley, with both asking for the passcode. When the victim refused, deputies said Trauthwein removed the victim’s belt and struck him with it.
As part of the county’s investigation, Charles Balik, Frederick Bowers, Quintin Gaines, Victor Payette, Tyler Touchton and John Tweedy were either terminated or resigned in lieu of termination. Each had between four and 22 years of service.
Of the six, Payette and Bowers filed grievances seeking reinstatement. Their cases remain pending. Payette is represented by attorney Erica Hay, and Bowers by attorney Jennifer Seymore.
Contact Austin L. Miller at austin.miller@starbanner.com
This article originally appeared on Ocala Star-Banner: Battery pleas resolve Marion County Fire Rescue hazing case
Reporting by Austin L. Miller, Ocala Star-Banner / Ocala Star-Banner
USA TODAY Network via Reuters Connect
