Clearwater officer cleared in french fry arrest case

CLEARWATER -- A Clearwater police officer has been cleared of accusations that he acted discourteously when he arrested a woman on disorderly conduct charges last month at a McDonald's drive-through.

The 30-page internal affairs report released this morning ruled that allegations were "unfounded" that Officer Matthew Parco mistreated Jean Merola, 74, when he took her to jail Jan. 17.

Merola ordered a coffee and fries without salt at the drive-through window of a McDonald's on Hercules Avenue. Because the fries were a special order, the staff at the restaurant asked her to pull her Lincoln Town Car forward to an area of striped asphalt where customers are asked to wait when orders take extra time.

Parco was behind Merola in line, having just picked up an iced coffee. He wrote in an earlier report that she became abusive after he asked her to move her car. She has said that he overreacted after she questioned why he asked for her license and registration.

Internal affairs officials interviewed 11 witnesses.

Ten of them said Parco acted calmly and professionally while Merola was antagonistic and irate.

One witness, however, said the officer displayed "abrupt or rude" body language.

Merola declined to be interviewed by the investigators because of her pending criminal charges, her attorney said.

Parco told investigators that he asked Merola to move her car a number of times and never honked his horn.

After going up to her car, Parco encountered a confrontational and profane Merola who refused to move.

Even after her food was delivered, Merola continued to argue with and degrade Parco, according to the officer's statement.

A former crossing guard with the Police Department, Merola said she was close personal friends with police Chief Sid Klein and refused to move her car until the chief arrived. (He did not come to the scene.)

The report includes a brief summary of Merola's resignation back in 1987, when she quit her position as a crossing guard because she did not get transfered to the location she wanted. The paperwork said she should not be rehired.

The vast majority of customers and employees who were interviewed blamed Merola's intransigent attitude.

"She was being rude, saying, you know, she's prominent. She knows people. And saying that she's 75 years old and that she could die tomorrow and that the officer should be ashamed of himself," according to Sarah Curtiss, a manager at McDonald's. "(The officer) said that all he was trying to do was tell her to move up so that he could get on his way."

Terri Burkett was in line behind Merola and Parco. She thought the confrontation was winding down when suddenly it flared up again.

"She was yelling at him, looking like she was scolding him. And she was very upset, and she was pointing -- had her fingers up in his face and was really giving him a good scolding," Burkett said.

Susan Grim-Mastandrea was in line, too.

"I'm very sensitive," she told the investigators. "If the cop was being rude or abrupt, I would have -- I would have perceived, like uncomfortability and -- uh, I just -- I got that he was more -- almost, like, ignoring her. Like she was, like, rambling on."

According to the report, Parco initially asked for Merola's driver's license so he could check police records for any history of mental illness. He told his supervisor that Merola seemed to have symptoms of dementia -- a statement that made Merola even angrier.

Parco and his supervisor, Cpl. Carl Conyers, considered giving Merola a notice to appear in court rather than arresting her, but they felt they couldn't safely let Merola go free unless there was a family member who could come pick her up. Merola refused to give the names of any family members, the report said.

They also considered holding her under the state's Baker Act, but decided that Merola did not meet the requirements.

Merola was put in handcuffs and taken to the Pinellas County Jail.

She faces one count of disorderly conduct.

Parco will not be disciplined.

- Jonathan Abel, staff writer

Previous coverage:

Flip side told in Frency Fry flap

Comments

Yeah, the cop wasn't discourteous ... he was just in a hurry to get to Dunkin Donuts and get something for dessert after having his heart-attack sack from Mickey Dees.

[Jay]

Of course the Police can do no wrong, get used to it citizens. Police will lie under oath and never break a sweat.

[rfr]

Most cops are on power trips. When the majority of people start to have hidden voice and video recording devices, we will see how law enforcement atitutes change! As soon as I am able to afford the electronics, I will install it!

[rfr]

Most cops are on power trips. When the majority of people start to have hidden voice and video recording devices, we will see how law enforcement atitutes change! As soon as I am able to afford the electronics, I will install it!

[Friend of Police]

Keep in mind the education level required to be a police officer and the lousy pay they get as well as the lousy hours they have to work. Not a recipe for the "best and the brightest" to serve. Also they seem to like the control they have when they are law enforcement officers and have a gun. I think most police officer's are dedicated people who serve honorably, but they have many "bad apples" who have to show atrocious and blatantly illegal conduct repeatedly before they are fired or indicted. This is a symptom of the fact Americans want Neiman Marcus quality at Wal-Mart prices. This won't happen citizens until you are willing to “pay for what you get”.

Wow, nice comments about police officers. Hopefully when the day comes you need help you DON"T call 911 since you don't think so highly of them.
This is not a sweet old lady, folks, did you happen to read the vulgar names she called him?

[Rachel]

I'd like to see how many of you would gladly put your lives on the line day in and day out for the most unappreciative people... that is exactly what police officers do. So what if the little old lady didn't like the way she was questioned - it's a matter of respect, it goes both ways, and certainly those in uniform deserve it.
This is probably one of the most mundane events in a cop's career, but they have to go into every situation with caution, or the first time they don't, they're dead.
I've known older people that are pretty bad criminals - no one should be judged at face value, regardless of when/where/how the situation occurs.
Grow up people.

[kitty]

Did ANY of you who are bashing to cop SEE the dashboard cam video? No...? Didn't think so. The old witch got what she deserved!

[kitty]

Friend of Police, all of the cops I know have at least an associate's degree - and I know a couple with master's degrees. They're also required to have continuing education and training in order for their departments to maintain accreditation.

[Concerned]

Kitty, where can we see the video, please post the web site.

[Kay]

I would like to see the video too. Please post a link. For the record, when I have called them I have never had a case resolved and now, I don't call - this is to 1:17pm - I DON'T CALL. So, I guess I'm free to verbally bash all I want.

[Friend of Police]

Kitty, the fact that all the cops you know have an AA degree is a meaningless comment. The statement I made was the educational requirement to become a police officer.

[Brondie25]

Bottom line, if a cop tells you to move, you move! What the hell?

[kitty]

Concerned, it's not on the web, but it IS a public record and available through the police agency.

[kitty]

Kay, you must live in St. Pete. Me too. If the perpetrator of the crime is a minority, the cops won't even return your call, much less come out and take a report. Next time I get mugged in St. Pete, I'm tellin' the cops that a homeless white guy did it. They'll dispatch the SWAT team and helicoptors!

Friend of Police, my point is that you CAN'T advance in the PD without con-ed. Like it or not, it's a fact of life.

[Mark]

Did any of you read the article? 10 out of 11 witnesses said the officer did nothing wrong. Yet so many of you are going off about cops on power trips.
Read the article, then post, and you won't come across as morons.

[Kay]

kitty, I do live in St Pete. The county Sheriffs are no better (I used to live in Lealman). I will only use 911 for medical emergencies. If my car gets broken into, oh well. If contact is unavoidable, I will surely hire a lawyer first.

[Kay]

Mark, I've read more than just this article about this particular incident. The officer may have been within the scope of the law to arrest this old lady but that doesn't make it the wisest arrest in history. Just because he did nothing wrong (according to professional liars) does not mean that she did. The fact that the staff at the jail seperated her and did not follow normal procedure with her will help her case. She does have the right (free speech) to curse him out and he should be man enough to take it.

[Whatever]

None of the 10 out of 11 witnesses made any statements that show that they were witnesses at the on-set of the incident. I have yet to see anyone state the initial contact between the Officer and the lady. I would love to see this Video Kitty was talking about. Kitty, have you really seen it or are you just blowing smoke to support your point?

[Jason]

Everyone hates the cops until they need them. Not every old lady is sweet. Anyone in the service industry will be able to tell you that. Seriously people, tell me that you can't just see the mean all over that lady.

[chuck]

Was she arrested for being rude? The best solution this guy could come up with is to arrest a 75YO lady? This guy needs to sell cars or work as a waiter for a year to learn how to deal with people. Most of us cant arrest rude people so we are forced to use actual people skills to resolve the situation. Cranky old people in St. Pete is not exactly a new trend.

[Jason A.]

ALL Clearwater Police Officers MUST have an AA degree! No degree no job. I doubt that half of the bashers here even finished high school. When 10 out of 11 WITNESSES tell the same story that the officer was not in the wrong, you still bash him? Give me a break. Grow up. You think you can do a better job? Get the degree and get the guts to put your life on the line everyday to protect the other idiots that bash cops!

[Holly]

How could Officer Parco handled this situation differently? I can think of many...

[Susan]

"Clearwater officer cleared in French fry arrest case" -- from the article, it sounds like the headline should read "Clearwater office clears HIMSELF in French Fry arrest case"

[Ed]

Well put Jason; wait until the many who criticized this officer, need one. What will they say when they call 911...."Please send an officer who has a Masters degree!!"

[Tom Scherberger, tampabay.com deputy metro editor]

The Clearwater Police Department has told the St. Petersburg that there is no dashboard video from officer Parco's patrol car. If anyone has specific information to the contrary, please let us know.

[Scott]

No, i won't call 9-1-1. If I need a cop, I'll call Dunkin Doughnuts.

[Hank]

If I needed help and dialed 911, I'd be hoping that jerk of a cop wasn't the one who responded. His judgment is clearly lacking.

[glasstique]

Let the Clearwater Polic do what the NYPD started. If you make a false accusation against a Police Officer performing his duty not only do they arrest you , but they sue you civilly--and win. So let thy mouths keep running.

[Get-Smart]

Not all old people are nice. I should know... dipstick.

[BOB]

apears to me he could have just given her aticket for not obeying a police order as is the law .. to take her in and make a 74year old sit in the waiting area near all the trash that goes thru Pinellas count jail is beyond reprehencable he should have just gotten his coffee and waited like everyone else in line she was told to pull into the spot by employee of mcdonalds

[BOB]

Bet this officers parents are worried now when the get to old to care for off they go to a rest home...
He is no pychitrist how can he determine dementia thats absurd also

[ricco]

JUST ANOTHER DAY IN PARADISE

[ricco]

NEXT TIME YOU NEED HELP, DON'T CALL THE POLICE CALL A HIPPIE! OR A HOMELESS PERSON

[ricco]

THE SWAT TEAM SHOULD HAVE BEEN CALLED AND A HOSTAGE NEGOTIATING TEAM TO TALK THE THE 75 YEAR OLD GRANNY INTO SURRENDERING PEACEFULLY."PUT DOWN THE FRIES AND MOVE AWAY FROM THE VEHICLE.!!!

NEW UPDATE FOR POLICE RULES AND PROCEDURES MANUAL:
"sticks and stones will break my bones ,but words will never hurt me"
Professionalism Grace Under Fire.
Too much was spent on this chicken s***
IF THIS OFFICERS FALLS APART WITH A 75YO LADY. HOW IS HE GOING TO HANDLE AN A REAL CRIME SITUATION.? ASSIGN HIM TO DESK DUTY. HE WILL BE A LIABILITY IN THE FUTURE COSTING THE CITY A MULTI- MILLION DOLLAR LAWSUIT.

[Reality]

Amazing how the dashboard camera video is missing isnt it????????

How very convenient......

Internal Affairs is a JOKE.

You wonder why people distrust the cops?

[Mary]

Every comment that is pro Officer Parco is clearly either a cop himself or I believe in Kitty's case, the wife of a cop. She knows there is a video and the TV news is showing it on their news broadcast tonight.
Officer Parco, you must be so proud of your arrest record. But then again, maybe not because when you look at his record of arrests on the Pinellas County Public Records website, this woman's arrest is not listed. Guess he isn't so proud afterall!

There is no way to figure out which one is crazy, the cop or old lady. I can easily see a scenario for either case. We all know that both come in good and bad varieties.

The witnesses don't mean much b/c I'm sure they didn't hear the confrontation from the beginning, and they were probably not too happy about being held up in line.

This could be a nasty old lady, or just one that probably shouldn't be driving if she doesn't know when her car is blocking others. This could be an egotistic cop, or one that needed to get her under control.

I will agree with the previous poster that said there were probably many better ways for him to approach this. In the end this is not going to make a good impression for him with his superiors.

[voxy]

yeah that IS amazing about the camera. Love the HAND PICKED WITNESSES.

Internal affairs officers of the Tampa Police Dept have stalked me. In front of witnesses. THEN get their ideas published in the Pampa Tribune just to be sure I KNOW who is in charge.
Yeah, guys, it's NOT YOU.

yer just doing what you're told all day every day.
Criminals protecting the criminals. Lil old ladies and innocents get in the way.
They need us to GET OUT OF FLORIDA.

[voxy]

I think Kitty is Officer Farco's screen name. LOL.

At match.com

[Tommy]

I have to say when I first heard of this story I was a little concerned that an officer would act in such a manner. but guess what people there is a video and it was posted on another tampa newspaper website. Watch it!

ok Monday Morning quartebacks...so what if there were 100 other ways he could have handled it? He was there, not you, and he was the one who had to make the decision, not you. Did you get hurt? Were your constitutional rights violated? Then what do you really care? How about you get off the internet and go back to the real world. I'd bet, judging by the timestamps, that most of you were reading and responding to this blog while you were at work. Great use of time and resources. Perhaps we should have someone investigate ya'll for making poor choices on the job.

[BUD]

Whats funny here is all you MORONS bashing the Police, when the fact is over half all have 4 year degrees if not master degrees, and I'm sure most posting here have PHD's right....The fact is I'm sure many of you here have booking photos at the PCSO Jail. Kay you are a LOSER. I would like to know what your education level is, I'm sure your real name isn't Kay you just type that cause you can't spell your real name.

[Kim]

I am tired how underpaid our police are. They are paid very well and they receive great benefits. How many of you will have your divorce paid for by your Union. How many of you will receive full retirement after 25 years? Full medical taken care of. How many of you will get from the state 75% of your income plus his mitlitary penson and his SS. He will do better retired than working.

[Tony]

Ok all of you monday morning quarterbacks and future law enforcement officers...how would any of YOU have handled the situation?? Make sure you consider proper state and counties laws while conducting the investigation. Also make sure you consider police department policy regarding situations like this. You do have a life line too, your supervisor (Parco called his). While all this is going on in your mind make sure you stand still and listen to the verbal abuse that we all know law enforcement officers never have to deal with. Let us see this list of alternatives all of you can come up with that Officer Parco could have employed to deal with this situation better. On another note...most, if not all, law enforcement agencies in Pinellas and the surrounding counties REQUIRE Associate Degrees and some REQUIRE Bachelors degrees...the days of being a cop straight from high school are all but over in this county. Oh, and this cop isn't a rookie. He's been a cop almost 7 years. I'd give him the benefit of the doubt. Eleven other people did.

[Tony]

The video is on the Tampa Tribune website

[Kenneth]

Wow, we've come along way from 9/11 huh? A few years ago I seem to remember cops being heroes. Funny how quickly things change. Maybe this country isn't worth risking your life for after all.

[Kyle]

Why Ken did the lady have her car packed full of cutter charges and was planning on dropping the Mcdonalds faster than gravity could? It was lunch time so there could be no pancake theory.

How would I have handled it? Well, considering that she was simply waiting as is common and that should have been apparent to anyone familar with McDonalds, first I would have asked the server at the drive thru window how long the woman would have to wait. Then if I were truly in a hurry to leave and she were truly blocking the exit, I would have pulled into the row of parking spaces immediately to my right and turned around to go out one of the other two exits.

In that particular McDonalds the drive thru lane is bordered by a row of parking spaces. Ample space to get out if needed. There are three different ways into the parking lot, two on Hercules and one on Sunset Point.

Common sense would tell me that it would be quicker to reverse and leave another way than to engage in any dialogue with the customer. Common sense would also tell me it would not take long for her to receive her purchase and leave. Common sense would tell me that if the business had an issue they would say so. So I would never have gotten out of my car to begin with unless directed by the manager of the business.

I believe that what is seen as cop-hating here is a sign of the discontent prevalent in our area with law enforcement. They are underpaid. They are in a high stress career. This combination alone creates the perfect storm for under-qualified people in these positions. We see the same in schools.

I am sure that some of the inaction we see from police that causes such discontent is as a result from other factors. Sue-happy people, possible inaction from the State Attorney regarding follow through on charges, false reports. These are all viable concerns, but they are not excuses for inaction from those who are to protect people.

It's not cop-hating. It's a normal reaction to having had your fears, sometimes fear for your life, completely ignored by those whose job it is to protect. This happens even the face of overwhelming evidence. Then a woman in a drive thru gets arrested for not moving and calling names? While others can't get help for violent crimes? Is it any wonder there is anger?

For those who say, "when they call 911..." Have you ever had to call? When in fear for your life while the victim of a crime? It's hard enough to get through to get someone out.

[ricco]

AS far as education. Keep in mind that George W. Bush is a gradute from Harvard.
If a future police officer attends high school, then joins the military,attends college finally becoming a Police Officer. This may sound good on paper and mostlikely is suited for SWAT or Special Operations. Dealing with the public on a day to day basis is a tough job. Street smarts PROFESSIONALISM COURTEOUSY RESPECT. Any one can take a minor incident and escalate it into a a major situation. The true professioanl has a thick skin and maintains his or her professionalism. Any video presented has dubious reliability. WHO POLICES THE POLICE? HOW DO YOU FIND FAULT WITH YOUR BROTHER OR SISTER OFFICER.? UNLESS IT IS GROSSLY APPARENT. YOU DON'T . EVIDENCE HAS A WAY OF DISAPPEARING. The officer you protect from charges,may be the officer that saves the life of a fellow officer. IT IS TO DIFFICULT TO TURN IN YOUR FELLOW OFFICER,EVEN IF HE or SHE IS WRONG! THE POLICE TRULY PROTECT THEIR OWN.!

[ricco]

DON'T TASER ME BRO. IN THIS CASE THE FRENCH FRIE LADY SHOULD HAVE BEEN TASERED, PEPPER SPRAYED AND FINALLY ARRESTED.
MAYBE 3 MONTHS AT "GITMO", WOULD TEACH THIS GRANNY "THE RULE OF LAW"

IF WE HAVE FRENCH FRY GRANNY'S DICTATING TO THE WORLD. ANARCHY CAN'T BE FAR BEHIND.

THE PUBLIC NEEDS TO BE PROTECTED FROM THE FRENCH FRY LADY

[art]

Nice to see a lot of people complaining about the cops on here,(jeesh). I bet almost every single person who has degraded the cops in these comments has at least one arrest and probably more.

[Joe]

Officers get discipline all the time. If you think the chief would back an officer that was in the wrong, you are out of your mind. The chief (longest tenured police chief in the country) would like to keep his job and would not "cover up" for the officer. You notice this case was not dropped by the State Attorney's Office. If this arrest was so bad, the State Attorney would have dropped the case immediately as he is an elected official. There was a video of the incident, which has been aired on TV for all you conspiring citizens. If you are that obsessed with the case, and only listen to the media for all your facts, then please read the IA file and listen to the taped interviews of the twelve witnesses. This is all public record. But I am sure you’ll think they were paid to give a false statement to protect the cop. You people watch too much TV; Unbelievable.

Age, "knowing important people" and finger pointing puts nobody above the law.

There never would have been a law broken - disorderly conduct also seems one in the eye of the beholder - if the officer had handled things differently; not honking the horn or going out another way.

Art, that would be rather ignorant and judgemental to think that.

[MarkMarsh]

The cops around here are a bunch of thugs. They are always messing with me, just cause I dont have a job right now, why wouldn't they mess with somebody else? I feel bad for the old lady.

[someone unimportant]

Just a tidbit of information for you people that claim to "know," most Police patrol vehicles have had their "car horns" disabled so that the vast array of electronics can be wired correctly. The siren is also ran through the horn, so most LEO vehicles DO NOT have a horn, while they do have an air horn that "ALL THE WITNESSES" would have heard. And as far as IAB protecting one of their own, there were over a dozen INDEPENDANT CIVILIAN witnesses corroborating Officer Parco's report. And lastly, Officer is a decorated veteran law enforcement officer, that has never in his 7 year career had a single complaint lodged against him. Find out the facts people. And for those of you that feel cops are jerks, how about you strap on the belt, and badge and take to the streets for a few hours for the minimal pay they recieve. They go out there and take the bullet meant for YOU. They fight what YOU fear.

[mike]

If this cop was in such a hurry to get on his way then what the hell was he doing in drive through and what patience did he display....

Then they say "lets baker act her" Good going piggys