GPD review finds SWAT team justified in handling of a search of real estate office

An internal investigation by the Gainesville Police Department determined a SWAT team acted within bounds when it served a search warrant on a real estate office in June, handcuffing and detaining office staff.

Employees at Colliers International have said the tactics were heavy-handed, but police maintain they were needed to prevent destruction of evidence in a case that involves allegations of theft of trade secrets.

GPD also contends that information provided to the public by one of the employees, Jason Hurst, was inaccurate.

“The concern that the SWAT Team barged into the building was proven to be untrue. The SWAT Team remained outside of the doors for...approximately 3 minutes while announcements were made,” the report states. “The concerns of Mr. Hurst being detained in zip ties for over 3 hours or that the occupants were held at gunpoint for several hours were proven to be untrue.”

GPD in an unusual move made a video on the investigation results that includes body cam footage.

The video includes comments from Chief Tony Jones and a narrative from Chief Inspector Jamie Kurnick.

Gainesville attorney Jeff Childers, who represented Hurst and others in an effort to get back their electronic devices that were seized by GPD, said Friday he was disappointed by the finding and that GPD tarnished its reputation with the case.

“I expect the report and the video put the department in the best possible light, and even what was in the report and video is shocking,” Childers said. “They attempt to whitewash the use of force by saying firearms were only pointed at the individuals for 14 seconds, as if that makes it better to have a loaded firearm pointed at you when you are not suspect and pose no danger whatsoever.”

GPD uses a matrix when determining whether SWAT will be used when serving a warrant and the number of officers that will be deployed, Kurnick said.

Factors in the matrix include the location, severity of the crime, past criminal history and the potential destruction of evidence.

“This warrant fell within the medium risk category because of the possibility of the destruction of evidence and other factors,” Kurnick said. “The warrant gave the police department the right to take all electronic devices from the location as evidence and not just the items from the individuals named in the search warrant.”

Kurnick said the employees were handcuffed for about 14 minutes. It took just two hours to complete the search.

The search warrant was obtained to look for evidence in a case first brought forth in a complaint by Bosshardt Realty Services against Colliers International real estate agents who had previously worked for Bosshardt — Mike Ryals and Dan Drotos.

The two allege in a civil lawsuit that they were shorted commissions owed to them.

On the morning of June 2, SWAT team members took three people who were at the office outside, zip-tied their wrists and kept them in custody as they cleaned out the office of electronic equipment and other property.

Hurst said that even though he never worked for Bosshardt, and was not named on the search warrant, an officer pointed an assault rifle at him and he was held for more than three hours. Officers took his computer, cell phone and other personal property.

The handling of the case drew considerable public attention and outcry, including by the city’s police advisory council.

Childers said the video and report will add to that.

“The whole thing was an appalling spectacle that was clearly unnecessary,” Childers said. “They could have started this whole thing off by apologizing but instead they are doubling down.”
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