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F ;X.A"USNEit & COI'SN. P-A.,
At-roMMava AT LAW
6UITt 200
6842 TAFT 6': Atl'
HOLLYWOOD. FLORIDA 33094
VROWAROt 4015: 081•ii22
DAM (2051 620.4868
hAxl (Sao) 681.0088
The Honorable Xavier
city of Miami
P.O. Box 330706
Miami, FL 33233-0708
July 9, 1992
Suarez, Mayor
Res State vs. officer Robert Sadlier
Attorney's Fee Requast
Dear Mayor Suarez:
The undersigned represents officer Robert Sadlier, an employee of
the city of Miami Police Department, who was recently acquitted of
the charge of manslaughter arising out of the exercise of his
police duties in an incident in 1990.
In October 1990, Officer Sadlier, a resident of Pembroke Pines, was
returning from class, which he had been taking to study for the
upcoming police sergeant'a exam, when he stopped at a neighborhood
tavern in Pembroke Pines. He was joined at the tavern. by a friend
of his, a certified public accountant who is also a resident of
Pembroke Pines. At the time Sadlier entered the bar he was not
armed and his City issued Glock.17 semiautomatic was under lock and
key in his'automobile in the parking lot.
officer -Sadlier and I his friend were watching_ a Monday night
football game at the bar when a fight broke out between two groups
of patrons, neither of whom; Sadlier was acquainted with or
associated with.
This altercation in the bar lasted approximately two or three
minutes and appeared to have been based on the fact that some of
ths'patrons were "regulars".and the other group were "now comers"
whose presence., offended the. regulars.. Although blown were
exchanged, no one was seriously hurt in the altercation. Officer.
Sadlier had nothing to do with that event.,
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J
The.Honorable Xavier Suarez
July 01 1992
Page 2
Shortly thereafter, the two groups began to fight again. in the
course of this second round, one of the patrons suffered a couple
of significant blows to the face. witnesses later described one of
his eyes and the side of his face as being significantly swollen.
Others in the bar separated the fighters as had occurred before.
Again Officer Sadlier had nothing to do with the episode. As
before, no one seemed to be seriously hurt; there was no major
damage to the premises of the tavern; and no one produced or
exhibited any weapon.
According to testimony at the trial, efforts were made to remove
the various participants from the fights in the tavern. The group
of "regulars" exited the place indicating that they wanted to break
off further hostilities and go about their business. The "new
comers," a group of softball players who had apparently already
consumed a significant amount of liquor, seemed to have contrary
intentions. One of the antagonists who was apparently an amateur
boxer with extensive experience and a long history of violence,
slipped out the door of the tavern and had gone to his piokup truck
to retrieve a metal baseball but. He was then waiting when the
group of "regular" patrons exited the bar.
officer Sadlier and his friend remained seated inside the bar.
officer Sadlier did rather forcefully suggest to the bartender that
the Pembroke Pines police be called. The bartender did not summon
police help.
Momenta later Officer Sadlier heard a large commotion coming from
the parking lot of the tavern. Most prominent among the shouts
being raised was a cry that someone had a baseball bat. Sadlier
reiterated his demand to the bartender that she call the police and
then walked outside.
Upon exiting the tavern, Sadlier saw the amateur boxer holding the
baseball bat in both hands as though preparing to swing. This
individual, George Ellefsen, was moving erratically advancing on
various people almost indiscriminately and then back peddling. The
crowd was asking him to drop the bat, but to no avail. Sadlier
immediately arrived to the conclusion that any or all of the people
within Ellefsen's immediate vicinity were likely candidates for
maiming or worse.
Sadlier returned to the tavern to retrieve his car keys, exited
again and then walked to the rear of the parking lot where he
vehicle was parked. He unlocked the trunk of his car and retrieved
his service revolver. He then turned towards the front of the
parking lot. At first, Sadlier had the weapon secured when the
approached Mr. Ellefsen. A number of people in the crowd referred
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The Honorable Xavier Suarez
July 90 1992
Page 3
to sadlier as a cap and again asked Mr. Ellefsen to drop the bet.
Mr. Ellefsen's response was "where's the fucking cop?" officer
Sadlier then demanded that Mr. Ellefsen drop the bat.
Sadlier aloo loudly identified himself as a police officer on at
least two occasions. Ellef son focused his attention on Sadlier and
with the bat still in hand began to move towards Officer Sadlier.
Sadlier asked the man a third time to drop the bat, again
identifying himself as a police officer. When the two men were
approximately 8-10 feet apart Ellefsen continued to advance
swinging the bat. Sadlier fired one round from his weapon,
striking Ellefsen in the midsection. Ellefsen was transported from
the scene by rescue where he died at a local hospital.
on autopsy, Ellefsen was found to have had a blood alcohol level of
twice the legal limit, but also was found to have cocaine; in his
system. The medical examiner estimated that at the time of the
events in the parking lot, that Ellefsen had a blood alcohol level
of between .25 and .30.
Sadlier was indicted by a Broward County grand jury and charged
with the offense of manslaughter. A three week trial ensued and
the jury returned a not guilty verdict after less than two hours of
deliberation.
Mr. Sadlier took this action to protect citizens in the parking lot
of the bar while acting as a City of Miami police off ioer. In the
course of the post -shooting investigation, personnel records of the
City reflect that Sadlier was on overtime and that the entire time
of the incident, including the time of the shooting, was considered
as work time.
Under the doctrine established by the Florida Supreme Court in the
case of Thornber M.-City nf_Ft. Walton Bgach, Sadlier has a common
law right to reimbursement for legal fees in the defense of any
legal action, civil or criminal, arising out of the exeroisn of his
authority as a City of Miami police officer.
We ask that you place this item on the City commission Agenda so
that Mr. Sadlier's claim for attorneys' ;fees may be considered.
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A .r M V ii i V iL ii. w 4, W !1 aL iV
Tho Honorable Xavier Suarez
July 9, 1992
Page 4
Please advise when thin matter will be placed on the Commission
AgendA .
Very truly yours,
ROBERT D. YJAUShi
RDX/Jm
92- 667.1