Stuka - 14 July 2008 03:08 PM

Should the Police have arrested Jean Merola? Apparently not.

County Judge Patrick Caddell essentially found that Merola did not willfully block the drive-through at the McDonald’s at 1934 Hercules Ave. on Jan. 17.

Wouldn’t be the first time I disagreed with a verdict.

Stuka - 14 July 2008 03:08 PM

Should the Police have arrested Jean Merola? Apparently not.

County Judge Patrick Caddell essentially found that Merola did not willfully block the drive-through at the McDonald’s at 1934 Hercules Ave. on Jan. 17.

What a HUGE waste of taxpayer’s money & the court’s time. She shouldn’t have been arrested in the first place over such a trivial thing.

I dunno if I agree with the verdict or not.  I’d have liked to have watched the trial unfold (or better yet, have been a witness at the event itself).  Its kind of tricky.  JUST because an officer says you have to do something does not automatically mean you HAVE to do something.  If the officer does not have the right to force you in a certain situation, you certainly don’t have to obey -you don’t obey them just because they are representatives of the law.  You DO have the right to resist.  But you had better be prepared to suffer the consequences of your own actions as well.  You must choose whether or not its worth the trouble to resist.  In the situation at McDonalds, certainly the more prudent action would have been to obey the request of the restaurant staff and wait in their temporary parking section (who among us has never had to do this? -they will bring your order out to you.  Generally, that means your fries will be piping hot at the time -a bonus, to be sure).  But unless the staff asked for the cops’ intervention, I just don’t see where he had the right to try to force her to move -certainly not to arrest her.  At no time have I seen anyone say that the restaurant requested his assistance.  If this is the case, he is clearly in the wrong -regardless of the fact that he wears a badge.  A badge and a position do not make you right, or above the rights of others.
How would I have handled being in the old womans shoes?  I’d have done what I’ve always done.  Just pulled over and waited for my order.  Such is the price of ‘convenience’.  I still think it was a bad decision on the part of the officer -and he will pay for it.  I hope it doesn’t ruin his career, but that he learns from it, and just gets on with his life.  Its done, game over, get over it.

Stuka - 14 July 2008 03:08 PM

Should the Police have arrested Jean Merola? Apparently not.

County Judge Patrick Caddell essentially found that Merola did not willfully block the drive-through at the McDonald’s at 1934 Hercules Ave. on Jan. 17.

I was really surprised at the judge’s ruling. Did Merola willfully block the drive-thru? Of course she did. She decided that she was not going to move until she received her fries, no matter what inconvenience that caused anyone else. I too would have liked to have heard all the testimony to determine how the judge could have arrived at that verdict.

Strange twists to this story

The cop has a history of poor judgment.

Andrews said that if the case is not dismissed, he wants to cross-examine Parco about his recent “separation” from the Clearwater Police Department. Parco resigned last month after he was accused of acting inappropriately with a 15-year-old girl during a child custody pursuit, according to police documents.

Specifically, Parco was accused of firing his department stun gun into his squad car windshield as part of a demonstration to the teen; of using a computer in his squad car to show the teen and the teen’s mother a video of a cow being shot with a stun gun; and of using chewing tobacco in front of the girl and offering her some.

Parco was found to have been untruthful about the call. Though he said he didn’t use his stun gun or play the cow video, investigators were able to access databases that showed he did fire his stun gun and play the cow video, police documents have shown.

From other articles I’ve found the Clearwater ordinance states “willfully” obstructed. I guess the prosecutor couldn’t prove that she intended to block the drive.

She willfully got out of her car and argued with the cop, but was not charged with that.

sounds like this cop (ex-cop? ) has a grab-bag of troubles already.  Doesn’t make his actions look very good -I’d be more willing to give him the benefit of the doubt if he had a squeaky-clean record.  But he seems to have something of a pattern of poor decisions.