Official's Battery Case Is Continued

WINTER HAVEN | The battery case against Davenport Councilman John Lepley has been continued for another month so that the defense can go over the prosecution's evidence.

County Judge Timothy Coon granted lawyer John Liguori's request for the continuance during a pre-trial hearing Wednesday afternoon in the Winter Haven Courthouse.

"We asked for the discovery from the state in late December and we just got it,'' Liguori said. "We need time to go through it and talk to witnesses.''

The issue will be heard again Feb. 20 before Judge Coon.

Lepley, 59, of 215 E. Bay St., was charged in November with misdemeanor battery stemming from an alleged road rage incident Oct. 17, 2007, when Brent Burns claimed Lepley reached into his car and grabbed him after Lepley had chased Burns' car from the Polk/Osceola county line to the parking lot at the Davenport Police Department.

According to the Polk County Sheriff's Office report, Lepley was driving his black Crown Victoria on County Road 532, also known as Polk/Osceola County Line Road, about 5 p.m. Oct. 17.

Lepley said his wife was also in the car.

Burns, 19, who told police he lives on County Road 547 North in Davenport, was in front of Lepley's car when he saw what he believed was a police car and slowed down from 65 mph to 55 mph rapidly, according to the report.

Crown Victorias are sometimes used as unmarked police cars.

In his report, Sheriff's Detective Clint Harris said Lepley had to swerve to avoid hitting Burns then flashed his lights and motioned for Burns to pull over.

According to the report, Burns said he was afraid to stop and drove to the Police Department.

Lepley pulled in immediately behind Burns.

"The defendant (Lepley) exited his vehicle and approached the driver side window of the victim, which was down," the report said. "(Lepley) is reported to have asked (Burns) 'Who do you think you are?' and reached into the vehicle, grabbed the victim by the throat and shook him so hard the victim was 'afraid he was going to die.'

"The victim screamed 'help me, help me. He is trying to kill me,' '' the report said.

Lepley has denied making any physical contact with Burns. He was not at the pre-trial hearing Wednesday.

Liguori said it has come to his attention that Burns is not living on CR 547 and is actually living in a house across the street from Lepley.

"It is my understanding the alleged victim is not cooperating,'' Liguori said.

Liguori said he expects with the court calendar being so crowded that the case will not go to trial until May or June.

[ Amber Smith can be reached at amber.smith@theledger.com or 863-422-6800. ]