Civilian deputy who shot gun on school grounds fired for misusing agency databases

A civilian deputy on probation for firing a gun while impaired after a night of kissing has been terminated for using criminal and driver license databases to look up deputies, their spouses, Hollywood stars, musicians and professional athletes.

The Collier County Sheriff’s Office terminated Monica Weiben, 40, on Feb. 28 for inappropriately using the Florida Criminal Information Center, the National Crime Information Center and the Driver and Vehicle Information Database (D.A.V.I.D.) nearly 300 times. Last month, the Sheriff’s Office challenged her claim for unemployment benefits, citing several violations of agency policies; a possible denial is pending.

Weiben declined comment this week, saying only, “I just want to move on.”

Sheriff’s Spokeswoman Karie Partington said D.A.V.I.D. is a database that is to be used for law enforcement purposes only.

“This fact is made abundantly clear to anyone authorized to access the system,” Partington added.

The audit showed she checked her own and other deputies’ information 47 times, conducted 64 checks of professional athletes, musicians and celebrities between August 2006 and December 2008, prompting a later audit up to last September that turned up more violations.

Weiben had been on paid suspension since Dec. 15 and later lost her $29,633.76 yearly job after nearly five years. Her post was going to be eliminated after a productivity audit showed she did far less work than two other civilian deputies, who could take over her workload.

She was cited earlier for failing to follow directions and coming in late, but received the final warning in January, when she was disciplined for the Aug. 27 incident at another deputy’s mobile home on the grounds of The Community School of Naples. She was suspended without pay for two days and put on a year of probation.

The investigation by the sheriff’s Professional Responsibility Bureau into what occurred between her and Cpl. Robert M. Leocadio, 42, a SWAT team member, determined she’d been drinking before she picked up Leocadio’s gun and said she accidentally fired it that night, when they were off duty.

For that, PRB investigators cited her for performing acts that “tend to bring the (Sheriff’s Office) into disrepute or ridicule,” and immoral, unlawful or improper conduct. Investigators noted a Daily News story on the incident prompted more than 145 blog comments.

The website for the Glock 19C Pistol, which is designed to reduce recoil, shows it has a “Safe Action” trigger system to prevent unintentional firing.

The Sheriff’s Office had requested a warrant for Weiben’s arrest on a charge of use of a firearm under the influence of alcoholic beverages, a second-degree misdemeanor punishable by up to six months in county jail. However, the State Attorney’s Office determined the facts didn’t support criminal charges that could be proven beyond a reasonable doubt.

PRB documents provide this account:

At about 9:30 p.m. Aug. 27, Leocadio contacted a sergeant to report an accidental discharge of his gun. Deputies went to the double-wide trailer on school grounds, where a youth relations deputy had allowed Weiben to stay after a breakup. The deputy was away on a one-day cruise.

Deputies noted Leocadio was upset and embarrassed, while “it was obvious that Deputy Weiben was intoxicated and she was very upset” and “rambling.” She said she’d had at least two Smirnoff Malt beverages with a shot of vodka, but it affected her more because she hadn’t eaten.

Leocadio came over about 7:30 p.m. and they were “getting intimate” on the couch, so he took his gun from his holster and put it on a table next to them. When he went to the bathroom, she said she picked it up to move it farther away from her, but gripped it and accidentally pulled the trigger.

She told deputies it scared her, she’d never fired a weapon before, and shooting it wasn’t her intention. The shot prompted Leocadio to come out of the bathroom, upset she’d fired it.

He immediately reported the discharge.

She denied fighting with him, intentionally firing or trying to scare him, saying it was an accident. She told the Daily News she’s anemic, was dizzy and pulled it by mistake.

Leocadio, who was estranged from his wife, told deputies they’d been on the couch “kissing and stuff” and they weren’t dating, but were together twice before.

He said he came out of the bathroom, the gun was in her hand, she had a “look of disbelief on her face” and told him, “I didn’t realize it was loaded.”

The bullet pierced an area rug and was embedded in the wood floor. Deputies determined the angle was consistent with her account.

Leocadio, who was hired in March 1998 and earns $60,768.24 yearly, was cited for violating safety rules or practices. A letter of reprimand was placed in his personnel file and he was relieved of training instructing duties until he received firearms safety training.

His file shows various letters of praise from citizens and agency awards and certificates.