FMPD captain retires, files not guilty plea after arrest

A Fort Myers police captain filed a not guilty plea Thursday amid suspicions he took part in sex acts while on duty. This comes after he was arrested Tuesday for those accusations, and the police department placed him on unpaid leave. He also announced his retirement.

Capt. Jay Rodriguez of Fort Myers Police Department sent a letter his supervisors stating he will retire, effective next Wednesday. The letter is dated one day before FDLE arrested him.

But his pension could get revoked if he is convicted with a felony.

Florida Statute 112.3173 states any public officer convicted of a felony that breaches “public trust” forfeits their retirement benefits.

WINK News spoke over the phone with the attorney for the board of trustees that handles Fort Myers police officers’ retirement, Scott Christiansen. He said Rodriguez is still entitled to the money he put in during his more than 20 years of service.

That means Rodriguez will start collecting pension checks on October 1.

However, if he is convicted of a felony, the board would have to revoke all other retirement benefits collected during his employment, such as any return on investments or contributions from the city or state.

The Florida Department of Law Enforcement arrested Rodriguez after video of an undercover prostitution sting in 2013 surfaced online in February of this year. That led to accusations that he took part in a sex act with a massage parlor worker, and then lying in the police report and again under oath.

Rodriguez faces charges of official misconduct and perjury, both third-degree felonies, as well as a misdemeanor for soliciting prostitution.

If his charges are dropped or reduced to misdemeanors, his pension is not at stake.

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Reporter:Sara Girard
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