A few days ago, the nation got a new contender for “craziest sheriff in America”—Darryl Daniels, sheriff of Clay County, Florida; south of Jacksonville.
On Tuesday, Daniels released a video (non-paywalled version here) in which he vowed to deputize every gun owner in Clay County in the event it becomes overwhelmed by “lawlessness” caused by protesters. No, this isn’t snark. Watch here.
Daniels’ opponents in the election later this year condemned this video as a publicity stunt. One of them, former FDLE agent Mike Taylor—who has Jeb Bush’s endorsement—pointed out that if Daniels makes good on his threat, he could expose the county to astronomical liability. Another, former Atlantic Beach police chief Michelle Cook, suggested this stunt was evidence Daniels couldn’t lead.
Taylor and Cook, like Daniels, are Republicans—as are all of the candidates for sheriff in this crimson-red county. So their criticism is really telling in a race where, on paper, the Republicans should be trying to outwingnut each other.
Daniels was ultimately forced to walk back his comments on Thursday, saying that he would never give anyone carte blanche to use deadly force because it would violate both Florida statutes and his duties as sheriff.
But by then, another shoe had dropped. It turns out that Daniels may be about to be in serious legal trouble. He may be about to face criminal charges for a gross abuse of power. Specifically, using the power of his office to have his former mistress arrested.
First Coast News has learned from multiple law enforcement sources that the Florida Department of Law Enforcement has completed its initial report into misconduct allegations against Clay's top cop. The report is now in the possession of the 4th District State Attorney’s Office, which must review and make recommendations, an FDLE spokesperson confirmed.
The investigation was sparked in May 2019 after Daniels called 911 on his lover of six years, whom he accused of stalking, and asked his own officers to place her under arrest. Cierra Smith was arrested and detained for 6 hours but not jailed after an assistant state attorney found there was no probable cause to book her.
It later emerged that Daniels began his affair with Smith when he was her direct supervisor at the Duval County Jail.
It turns out that Daniels’ deputies initially balked at arresting Smith, suspecting that they didn’t have probable cause. They called an assistant state attorney for the 4th Circuit, whose jurisdiction covers Jacksonville itself and most of that city’s inner-ring suburbs, including Clay County. The assistant state attorney who handled most Clay County cases agreed they didn’t have probable cause, and suggested they refer the matter to the FDLE.
Shortly after the FDLE completed its review, the person who would have normally made those recommendations, 4th Circuit State Attorney Melissa Nelson, recused herself. Nelson—like Daniels, a Republican—told Governor Ron DeSantis that she believed several of her prosecutors could potentially be called as witnesses. She believed the only way to resolve this high conflict of interest would be to appoint an independent prosecutor from another circuit.
Simply put, if there is anything at all to these charges, Daniels is in a world of trouble. Seen in this light, his initial vow to sic his county’s gun owners on protesters looks like a classic case of Republican deflection.