Friday, April 24, 2009

Sgt. Burney Hayes Accused of Biting Teen on Nose


A Lake Wales police officer who was named the 2008 Public Servant of the Year by the Lake Wales Area Chamber of Commerce has been charged with biting a teenager's nose.

As a lieutenant last year, Lake Wales police Sgt. Burney Hayes received the Lake Wales Area Chamber of Commerce's 2008 Public Servant of the Year award. Saturday, Sgt. Burney Hayes, 48, who is also a coach for the Lake Wales High School junior varsity team, is accused of biting a player's nose during a football game in Winter Haven on Oct. 16, 2008.

According to the State Attorney's Office, which received the complaint on March 2, Hayes denied biting the student but said he placed his teeth over the student's nose.

"But I did not bite because if you are talking you can't bite," Hayes said, according to the complaint affidavit.

When a State Attorney's Office investigator called Hayes on April 17, Hayes said he didn't understand why the State Attorney's Office was looking into the matter because he was acting like a coach that night, the affidavit states.

The student who allegedly was bitten stated that Hayes had previously disciplined him by slapping him on the head. Despite these incidents, the student stated that Hayes has done a lot for him and considers him a positive role model, according to the affidavit.

Hayes told an attorney while under oath that he was at the game in a coaching position and what he did during halftime was a "motivating factor for a group of young men who were whining."

He said the team was losing 21-7 at halftime but later won the game "when everybody stopped whining and started playing."

According to the affidavit, the student at the center of the alleged incident acknowledged that he was bitten and that he stated he was scared, embarrassed and mad for a short time, but forgot about the incident.

Four of the seven students interviewed as witnesses claimed they saw the biting incident and three of them claimed they saw teeth marks.

One student said he was "intimidated by what Coach Hayes did and backed up because he did not want it to happen to him," according to the affidavit.

"He stated that he felt it could happen to him or any other player if they got out of line," the affidavit states. "He stated that Coach Hayes could 'snap at any given time and get super mad quick.' "

Lake Wales Police Chief Herb Gillis said Hayes has been placed on administrative leave. Hayes' hearing on this case is set for May 20.

Hayes recently was demoted from lieutenant to sergeant because of insubordinate behavior against Gillis, the police chief said.

Hayes appealed the demotion with Lake Wales City Manager Tony Otte, but a hearing determined the discipline was appropriate, Gillis said.
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http://www.theledger.com/article/20090423/NEWS/904235078/1338?Title=Coach-Had-Faced-Other-Reprimands

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