Nick Jakoby - Senate Disciplinary Appeal

[Nick Jakoby]

	Senate Disciplinary Appeal Committee Disciplinary Appeal
Case Number: [Office Use Only]   Florida Legislature Officer Presiding: [Office Use Only]	NAME Nick Jakoby and GOV. DEPARTMENT (e.g. Florida State Police ) Florida State Police

**DISCLAIMER: IF POSSIBLE, YOU MUST FIRST APPEAL INTERNALLY WITHIN YOUR DEPARTMENT
YOU MUST BE LISTED AS ACTIVE ON THE FLORIDA STATE POLICE  ROSTER PRIOR TO DISCIPLINE (10 Hours a Week) TO PLACE A SENATE APPEAL**

Information 
Trooper's Name: Nick Jakoby

Organization: Florida Sate Police
Rank: Sergeant; Corporal at time of incident
Department: Academy
Badge Number (If Applicable): 178; 362 at time of incident

Punishment you were given: 5 Points
Grounds for Appeal (Why should it be overturned): When I was taken hostage I was angry at myself for letting the situation happen and putting myself in that position to begin with. I was also angry with the fact this was the second of many interactions I had with the Gangsters That day. They had shot at officers at the beginning of my shift and when the situation was code 4 FFR started reviving officers and gangsters. One of the gangsters were revived however was not in handcuffs and shot me and my trainee killing us both. We were revived and with no officers around us to inform us on what happened and a crowd of civilians amassing around us we decided to get in our patrol car and leave the scene. Then this interaction with them again already had my blood boiling knowing how bad the last incident went. But I tried to stay calm and was hoping things would go in our favor this time. I was also upset when I was taken hostage because there were four other officers out of their cars that could have easily placed my hostage taker in handcuffs or had a weapon on him for when he was reaching for a weapon to give him commands to stop reaching or to put his hands up or to be tased or something like that. I also believe anyone that has ever been taken hostage will agree it is not a fun experience. I know that usually when we arrest someone they are angry with us so I assume it is the same feeling as being taken hostage. I was mad at the time as well because other officers that were involved in the pursuit left the hostage situation to continue the pursuit. I assume this is because the hostage situation was never called out on radio. I don’t believe I should receive points for this. I was not looking to be unprofessional or damage the image of the FSP. I experienced a stress reaction and anyone else in the same situation I was in would have too. A normal human reaction to something of this nature, and given this shift in a whole, is something that not even the most professional individual would have been able to avoid, and is one of the reasons why I feel I don’t deserve to receive punitive action in this case. In all honesty I don’t see this as unprofessional but more so just depressing on my part because I would rather have my own life taken than to be saved through negotiations. I don’t see how this hurts the reputation of the FSP in any way. By now, anyone involved, except myself since I got points, has likely forgotten about the incident entirely. I was also on whisper speaking mode so I believe no one other than my hostage taker could hear me. I fully understand why I received the punishment I just feel 5 points is a little harsh considering it being my first ever punishment on the island. I fell a few verbal warnings would have had the same effect on me and without knocking me out of the running for promotions or for transferring to other divisions of the Florida State Police. I also would like to point out (I completely forgot about this in the original appeal), my microphone constantly records me regardless if I am speaking in game. Since my own evidence was used against me is hard to say what exactly I said in game versus what I said just to myself. I most defiantly said "Shoot me" a few times in-game but I am unsure to exactly how many times I did say it out loud and not just to myself. 

Any evidence to support this: This is an edited version of the video I sent to IA. If needed I can submit the full clip that was sent to IA.

[I RECOMMEND YOU TURN THE VIDEO DOWN AS I GET PRETTY LOUD IN THE VIDEO!]

https://medal.tv/games/arma-3/clips/128ziLnwehkcjl/d1337mS1xmVB?invite=cr-MSx5UGosMTA2ODkzMDQs

 

Have you requested reasons for your discipline (if yes, please paste them as a reply to this appeal): Classification J.

Do you know the case against you (have you seen the evidence)?: If you could say that. I wasn't shown anything I was just told that I said "XYZ" and that was what I was being punished for. I assumed it was my own evidence that I was being reported from.

Do you request the Florida Senate Disciplinary Appeal Committee obtain all evidence help by the government in relation to your case?: Yes.

Please link your original appeal which must have been denied here: 

 

 

[Paul Phantom]

@Nick Jakoby
After reviewing your appeal, I have decided to deny your appeal for the following reasons. 

- As previously stated by Deputy Chief Rodgers, as an Academy Supervisor you need to be setting an example at all times. Regardless of what happened prior in your day, you can't be acting like you did even if you did it on whispering. 
- There where other members of the FSP there, regardless of how at the time you felt, the reaction telling the hostage taker to shoot you isn't valuing your life, nor is it setting a good example (which especially as Academy/A Junior Supervisor at the time you need to be displaying) 
- I get that being taken hostage may not have been a fun experience at that moment, but if you are not having a good day, or need some time off take an LOA/take the day off. You aren't required to be on duty 24/7, as long as you've met your hour/Academy requirements then you are fine to take a break. 
- 5 Points for something like this is rather light considering your rank at the time, and that you've even been promoted since. Take this situation as a learning experience, and ensure that next time you should take a step back, take a breather and remember that although you may not realize it, people follow the actions of other cops, even if not intentional.