Davenport Councilman Faces New Assault Charge

DAVENPORT | City Councilman John Lepley has had another charge added relating to his misdemeanor battery charge stemming from a reported road rage incident last year.

The State Attorney's Office filed assault charges against Lepley on Monday.

'It is based on the same facts,'' said Chip Thullbery, administrative assistant to State Attorney Jerry Hill. 'The prosecutor, in reviewing the affidavit, believed it would also support an assault charge.'

Lepley, 59, of 215 E. Bay St., was charged in November with misdemeanor battery stemming from an Oct. 17, 2007, incident.

Brent Burns claimed Lepley reached into his car and grabbed him after Lepley had chased his car from the Polk/Osceola county line to the parking lot of the Davenport Police Department.

Lepley's lawyer, John Liguori, said he didn't think the state had a strong case and said he thought the case would be resolved in a trial.

'Mr. Lepley is looking forward to his day in court,'' Liguori said.

Liguori, who has asked for several continuances to take depositions of witnesses, said the next pretrial hearing is set for May 28 at the county courthouse in Winter Haven.

Liguori said the trial would be set sometime in June or July.

According to the Polk County Sheriff's Office, which investigated the incident, 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.

Burns, who reported that he lives on County Road 547 North in Davenport, told investigators that he was driving in front of Lepley's car when he saw what he thought was a police car behind him and rapidly slowed from 65 mph to 55 mph.

Crown Victorias are sometimes used as unmarked police cars.

In the sheriff's detective's report, Lepley told investigators he had to swerve to avoid hitting Burns, then flashed his lights and motioned for Burns to pull over.

Burns said in the report that he was afraid to pull over and drove to the Police Department, and Lepley pulled in immediately behind him.

That's when the alleged altercation occurred.

'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, who has denied making any physical contact with Burns, has declined to comment on the case.

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