Florida district chief charged with road rage

By Tony Marrero
Tampa Bay Times

St. Pete Beach, Florida – A Video shot by a witness shows the moment the St. Pete Beach District Fire Chief drove his pickup truck into a cyclist during a driving rage incident in Redington Shores last week.

Pinellas MP arrested St. Pete Beach Fire Department District Chief Thomas McClave was charged with aggravated assault with a motor vehicle and simple assault last Thursday, hours after the incident on Gulf Boulevard.

Video, shot by another motorist and provided to the Tampa Bay Times, shows McClave, 55, swerving his Chevy pickup truck onto a raised concrete median on Gulf Boulevard near 175th Avenue and colliding with the cyclist, 58-year-old Gregory Hicks. The video shows Hicks remained upright but had to swerve from the median into a left-turn lane for oncoming traffic.

Video taken from the driver’s seat of the witness’ vehicle shows McClave getting out of his truck and shoving Hicks, who is standing in the turn lane holding his phone. The two men are then briefly obscured by a door pillar of the witness’ vehicle.

The witness filming the video can be heard telling McClave, “Dude, you’re done.” McClave waves at the witness, says, “Thanks, no big deal,” and gets back in his truck.

The truck was McClave’s personal vehicle and he was off duty at the time, the sheriff’s office said.

A press release about the incident issued Friday by the Pinellas County Sheriff’s Office said McClave intentionally drove into the median and “nearly struck Hicks, who had to swerve.”

However, an affidavit states that McClave drove his truck “into a median toward Gregory Hicks and came into contact with Hicks while he was sitting on his bicycle.” According to the affidavit, McClave was “involved in a verbal argument” with Hicks.

Judge Elizabeth Zuroweste made comments on the charges during McClave’s first court appearance Friday, which was broadcast via video from the Pinellas County Jail.

“Quite frankly, I’m surprised that the sheriff’s office didn’t charge you with aggravated assault, but with aggravated battery, even though the allegations are that you actually hit the person and didn’t just try to hit him and miss,” Zuroweste said in a clip in a story published by WFTS-TV.

When asked about the decision regarding charges against McClave, a spokesman for the Pinellas County Sheriff’s Office issued a statement.

“Deputies have filed the offense they felt was appropriate based on the facts known to them at the time,” Assemblyman Jaime Miller said in an email. “All charges will be reviewed by the District Attorney’s Office, which will make the final and official charging decision. We have no further comment.”

A spokesman for Pinellas-Pasco District Attorney Bruce Bartlett said the case is still under investigation and the office had no comment.

McClave was released from jail on Friday after posting $36,000 bail and pleaded not guilty. The St. Pete Beach Fire Department said in a statement last week that he was suspended without pay “pending completion of an investigation and a final decision on possible disciplinary action.”

Do not soil the badge
The badge is a widely recognized symbol of authority; it is also a symbol of public faith and trust

McClave’s attorney, Kym Rivellini, said Wednesday that she was limited in her ability to speak at this point in the case, but that McClave would like to apologize as soon as he has the opportunity.

“As soon as he has an appropriate opportunity to personally and sincerely apologize to the cyclist for the incident, he would like to take that opportunity,” said Rivellini.

Hicks declined to comment for this story.

The sheriff’s office news release said McClave was driving his pickup truck south on Gulf Boulevard around 5 p.m. when he pulled up behind Hicks, who was driving in the shared lane. McClave pulled up next to Hicks and yelled at him to get off the road, the news release said.

The two men briefly yelled at each other, then Hicks rode his bicycle onto the raised median and McClave swerved onto the median. McClave stopped, got out of his car and kicked Hicks twice in the chest and knocked a cellphone out of his hand as he tried to video the encounter, officials said.

The witness who shot the video and showed it to the Times asked to remain anonymous. He said he gave the video and a statement to the sheriff’s office.

In general, assault is a verbal or physical threat that causes another person to fear for their safety. Assault occurs when an offender causes bodily harm or makes physical contact against the victim’s will.

Under Florida law, a charge of aggravated assault must meet four criteria: the suspect unlawfully threatened, in words or actions, to inflict violence on a victim; the suspect appeared capable of carrying out the threat; the victim had a reasonable fear that violence was imminent because of the threat; and the assault was committed with a deadly weapon or with the conscious intent to commit a crime.

Aggravated assault is a third-degree felony in Florida and can be punished with up to five years in prison, but more severe penalties can apply if a firearm is used.

Under Florida law, aggravated assault occurs when someone “intentionally or knowingly causes serious bodily injury, permanent disability, or permanent disfigurement” or “uses a deadly weapon.”

The charge is a second-degree felony in Florida, punishable by up to 15 years in prison.

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