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Internal affairs investigation sustains all allegations against former Cape police officer

June 13, 2017
Fort Myers Beach Bulletin, Fort Myers Beach Observer

An internal affairs investigation recently sustained all allegations against a former Cape Coral police officer, who was found guilty last month of DUI after she crashed into a residence while off duty.

On June 6, the Cape Coral Police Department's Professional Standards Bureau concluded its investigation into Officer Emily Zyvoloski, 33, of the Cape. According to officials, the investigation found that she had violated three department policies in connection to her DUI arrest on Dec. 3.

"The investigation sustained all allegations of policy violations made," officials said Friday.

According to the IA report, the allegations against Zyvoloski were:

n No member of the department shall, while off-duty, consume alcoholic beverage to the extent his/her behavior would bring discredit upon him/herself or the department or that his/her conduct would be unbecoming an officer.

n No member of the department shall violate any federal, state or county law or city ordinance.

n Actions or conduct detrimental to the interests of the city.

For each allegation outlined in the report, it is noted that the "investigation disclosed sufficient evidence to prove clearly the allegation made in the complaint," according to the document.

Police Chief David Newlan accepted the findings of the investigation on Friday.

Before it was completed, Zyvoloski tendered her resignation "effective immediately" on June 5.

As part of the IA investigation, she was called to take part in an administrative hearing, where she corroborated the information in the accident report, the arrest report and the court dispositions.

"Ultimately, Zyvoloski took responsibility for her actions," the IA report said.

According to officials, Zyvoloski had been employed with the CCPD as a police officer since 2007. Following her arrest, she was put on paid administrative leave pending the outcome of the case.

On May 8, Zyvoloski pleaded no contest to one count of DUI with property damage with BAC .15 or higher and was found guilty. A second charge of DUI unlawful blood alcohol with BAC .15 or higher or with person under 18 was dismissed by the judge, according to Lee County Clerk of Courts records.

Zyvoloski had registered a blood alcohol content of .253 - over three times the legal limit.

She was sentenced to one year's probation, six months of an ignition interlock device, random alcohol and drug screenings, DUI school, two days of Day Work Program and 100 hours of community service.

Zyvoloski had her driver's license suspended for six months and is required to attend a high-risk driver's course or victim impact panel. She cannot possess or consume alcohol or illicit substances.

Zyvoloski was also fined $1,000, plus court costs and fees, and she must attend and complete a minimum of one 12-step meeting per week as a special condition as part of her probation.

CCPD officials reported that the IA investigation began once the criminal case was concluded.

At approximately 2 a.m., Dec. 3, Zyvoloski was driving a Chevrolet SUV east on Nicholas Parkway in the 400 block when she failed to negotiate a curve in the roadway. The vehicle drove off the roadway and entered the front yard of a house at 422 E. Nicholas Parkway, officials reported.

The SUV struck the garage and living room before coming to a final stop.

The two occupants inside of the house at the time were not injured in the crash. However, the impact damaged the home and two vehicles that were parked inside of the garage, according to officials.

Zyvoloski was trauma-alerted to Lee Memorial Hospital, treated and later released.

Officials noted that she was driving a personal vehicle and was off duty.

 
 

 

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