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Fort Myers Police undercover operation now under state criminal investigation

Posted at 1:01 PM, Feb 14, 2019

FORT MYERS, Fla. — FORT MYERS, Fla. -- The Florida Department of Law Enforcement has now launched an investigation into the events surrounding a Fort Myers Police undercover prostitution investigation involving Capt. Jay Rodriguez in 2013.

The investigation surrounds an incident from March 14th of that year. On that same date, police were investigating a massage parlor in Fort Myers. As Fox 4 reported earlier this week, new accusations have come to light when an undercover video from the operation was leaked.

The video reportedly shows Captain Jay Rodriguez, then a lieutenant, undercover at a massage parlor engaging in a sex act. Fox 4 was sent the video by O'Neill Kerr, a former Fort Myers Police Officer, and claims it's video of Captain Jay Rodriguez.

The FDLE confirmed with Fox 4 that FMPD contacted them about an investigation involving Capt. Rodriguez, which they launched on February 12. They could not comment on the type of operation, any video associated with it, how long the investigation could take, or the exact date of the operation in question.

Wednesday, Fort Myers Police confirmed that Capt. Rodriguez is now on leave during the investigation.

Fox 4 is looking into all sides of these serious accusations, including giving you more information about the person making them.

O'Neill Kerr, the man who provided Fox 4 with this video has an extensive history with Fort Myers Police Department. He was fired in 2011 after a domestic violence arrest. Later reinstated when the charges were dropped.

O'Neill Kerr filed a racism lawsuit against Fort Myers Police Department in 2013. He was terminated from the force in 2018.

In December, Kerr filed the complaint against Jay Rodriguez after he says he successfully got the video you just saw from Fort Myers Police Department.

**Original story below -- [2-12-19]**

FORT MYERS, Fla. -- An investigation is underway for Fort Myers Police Department Captain Jay Rodriguez after a 2013 sex sting video surfaces.

The video reportedly shows Captain Rodriguez undercover at a massage parlor engaging in a sex act.

Fox 4 was sent the video by O'Neill Kerr, a former Fort Myers Police Officer, and claims it's video of Captain Jay Rodriguez.

4 in Your Corner's Allyssa Dickert reached out to FMPD multiple times, asking for a comment from Chief Derrick Diggs. The Fort Myers Police Department wouldn't comment on the allegations but did confirm it's an active investigation.

Fox 4 obtained the original arrest report dating back to March 14, 2013. In the report, then-Lieutenant Jay Rodriguez went in for an hour massage and removed all his clothing but his underwear. It says less than a minute from beginning the massage, the female reached around and grabbed Lt. Rodriguez's genitals. Lt. Rodriguez reacted to the motion and the female asked, “Do you like that?”

Lt. Rodriguez agreed to a sex act.

The report says the female tried to remove his underwear. At that time Lt. Rodriguez asked how late she would be working. The report says Rodriquez left after that.

But the video released to Fox 4 seems to show something else. From the audio, it seems the sexual act is performed.

The massage parlor was shut down after this incident and two arrests were made.

A police spokesperson tells Fox 4 this investigation is in the hands of the City of Fort Myers.

After reaching out to multiple city officials, including the Fort Myers City Manager, city spokesperson Stephanie Schaffer responded with an email saying, "There is an active investigation; the city cannot comment at this time."

Councilman Johnny Streets did comment in a statement, saying people in Fort Myers need truth and transparency, “The citizens of the city of Fort Myers deserve better, and particularly women and men in blue don’t deserve this — let’s do it right and find out what went wrong.”

4 in Your Corner called and texted Captain Jay Rodriguez for a comment, he responded in a text saying, "I can't. Sorry."

FMPD wouldn't comment when asked if Captain Jay Rodriguez was on administrative leave or suspension during this investigation.

Fox 4 will bring you more details as they become available.