Houchin: Case involving APPD officer won't come back

Assistant State Attorney Steve Houchin called it "unfortunate" that prosecutors had to drop attempted murder charges against a Wauchula man this week after it was revealed that the Avon Park Police officer who arrested him had falsified his initial report.

Travis John Downey, 31, was scheduled to stand trial on Wednesday on charges of attempted second-degree murder, shooting into an occupied vehicle and possession of a weapon or ammo by a convicted Florida felon.

Instead, the charges against Downey were dismissed by the state on Tuesday. A jury had been picked Monday.

"I have no doubt that the guy is guilty of some crimes," Houchin said Thursday.

Downey was arrested March 16, 2010 on allegations that he followed his ex-girlfriend through the streets of Avon Park and opened fire on her vehicle.

The case began to unravel Monday after it was discovered that arresting APPD Officer Benjamin Pollard, 29, allegedly gave incorrect information in his report and omitted other facts.

"We uncovered it getting ready for trial," Houchin said. He declined to go into further specifics.

A criminal investigation began against Pollard and he was arrested Wednesday on a warrant charging him with official misconduct by a public servant through falsifying an official document.

Chief Mike Rowan previously said Pollard has been placed on administrative leave pending his upcoming termination, which he expected to happen on Jan. 17.

Investigator Joseph Price, with the state attorney's office, spoke to Pollard on Monday. The officer told Price there was a male passenger in the woman's vehicle at the time of the shooting and he'd spoken to him on the scene, according to the arrest affidavit.

Pollard reportedly failed to include that in his initial report and told the man it would be in his best interest to leave the scene to avoid being identified as a participant.

APPD Det. Christy Harbaugh conducted a follow-up investigation and found that Pollard did provide inaccurate information as advised by the alleged victim, according to the arrest affidavit.

The affidavit also stated that Pollard left out a drug transaction that took place between Downey and the woman prior to the shooting.

Pollard and the woman also allegedly had a past sexual relationship.

According to records from the Highlands County Clerk of Courts, Pollard has still not had a first court appearance.

As for Downey's case, Houchin said at this time the state attorney's office is not looking to retry it.

"It's unfortunate," Houchin said.