Officer loses badge, gun over MySpace
22 internal investigations target officer
By Michelle Yoffee-Beard | April 09, 2008
OVIEDO - Though he's had a string of more than 20 internal investigations, it was an Oviedo Police Officer's MySpace page that got his badge and gun taken away Friday.
Oviedo Police Officer Justin Varkony of Winter Springs had his gun and his badge taken from him on Friday and was placed on administrative duty while an investigation is completed about what was written on his MySpace page, Lt. Dennis Lynch of the Oviedo Police Department said.
Varkony's MySpace page was removed by Friday, but on Thursday, when he still had street duties, his MySpace page stated: "Justin (is) a supertrained killer ninja fighter of the night who has not had a chance to use this special skill yet."
"On [Thursday], information was received that Oviedo Police Officer Justin Varkony had typed a sentence on his personal MySpace.com account that was inappropriate for a member of the police department," Lynch wrote in an e-mail on Tuesday afternoon.
Previous concerns about the officer include notching his city-issued Taser gun to represent people he's tased and embarking on an unauthorized high-speed chase outside of the city limits.
Including the current ongoing investigation, Varkony has been the subject of internal investigations a total of 22 times. Of those, seven were sustained, he was exonerated five times and nine were unfounded or not sustained.
Lynch said the department has up to six months to complete its current investigation, though he expects to have resolution much sooner.
E-mails and phone calls to Varkony seeking comment went unreturned and on Wednesday, Lynch said Varkony was on vacation.
Human Resources director Connie Collins said that city employees aren't banned from using MySpace or other social networking sites but the city does have policies that regulate an employee's conduct or behavior if deemed inappropriate or detrimental to city operations or its reputation.
"It's hard to say that officers can't have a MySpace account," said Police Chief Jeffrey Chudnow. "Do I care what's on it? Obviously."
Chudnow, who was not with the department during previous internal investigations involving Varkony, said the department is dedicated to following the legal system for both the citizens and its officers.
"State statute dictates that we have to abide by the Officers Bill of Rights," Chudnow said. "You have to afford an objective investigation and allow an investigator to read any statements against [the officer] before they're questioned."
Varkony's judgment has been called into question by his superiors before.
Police records show he deployed his Taser a total of 10 times as of May 23, 2005, and was disciplined for putting the cuts, or notches, on the handle of his Taser to represent each time it was used.
According to an internal investigation, Varkony admitted to notching his Taser. He also told investigators that other officers also notched their Tasers and he went along with it.
The internal report said that the last notch was put in his Taser on May 23, 2005, at a 7-11 on Lockwood Boulevard, when he was standing near the fountain drinks with two other officers. He told the police investigator that he didn't think anybody saw him do it.
"Officer Varkony admitted it was stupid, unprofessional and he regrets doing it," Coleman wrote in the report.
For the incident, he was suspended for 84 hours without pay and given six months special probation.
Varkony appealed the discipline, but an Oct. 26, 2005, letter from former city manager Gerry Seeber sustained the findings.
Seeber wrote in his memo that he had "grave concerns" about Varkony's behavior.
"I strongly encourage you to be mindful of your behavior as a police officer in the city so that you will avoid any future disciplinary action. Any substantive infraction on your part will have the most serious consequences," Seeber wrote.
Prior to the Taser incident, Varkony was involved in another incident that caused concern when he pursued a vehicle outside the Oviedo city limits with the suspect's vehicle going about 120 mph without the use of his emergency lights.
The investigation found Varkony's action to be a civil traffic infraction and he was given a punishment of 12 hours off from work without pay.
Varkony appealed the disciplinary measure but Seeber denied it.
"I am troubled by your assertion that you did nothing wrong in this incident," Seeber wrote. "In my opinion, you did not exercise good judgment and I hope that this discipline will serve as a reminder to you to avoid such lapses in judgment in the future."
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