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Why PBC Deputy Was Fired Despite Acquittal In Pot Smuggling Case

Palm Beach County Jail

Photo: CBS 12

A Palm Beach County Sheriff's deputy is out of a job, three years after being arrested for allegedly smuggling marijuana into the County Jail.

Jose Gutierrez was accused of having the drugs brought to him at the jail by someone claiming to be an Uber Eats driver. The marijuana was hidden inside pizza boxes.

Gutierrez was found not guilty at trial in September, but he was fired anyway. We asked Sheriff Ric Bradshaw about this.

"Internal Affairs did their investigation and we, here at the agency, believe that it happened. And that's why he was terminated."

The Internal Affairs report shows that the person dropping off the drugs claimed they were for Deputy J. Gutierrez and he was observed taking possession of the boxes, which contained 83 grams of marijuana.

"The burden of proof for the juries is tremendously much higher than the burden of proof for Internal Affairs. All we gotta have is a preponderance of evidence to lead us to believe that X, Y and Z happened."

When detectives asked Gutierrez about the boxes, he said he didn't order food and didn't know anything about the delivery. But Sheriff Bradshaw says he has no doubts.

"Not according to Internal Affairs and that's what I rely on."

Gutierrez was fired for violating department policy on neglect of duty, violating state law, and engaging in conduct that destroyed public respect for himself and PBSO.


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