FORT MYERS, Fla. — According to recent court documents, the state will not move forward with prosecuting former Fort Myers Police Captain, Jay Rodriguez. Rodriguez was facing charges of prostitution, official misconduct and perjury after a leaked video seemingly portrayed him engaging in a sex act while on duty.
According to FDLE, their investigation showed that Rodriguez solicited and engaged in prostitution with a female massage therapist while acting in an undercover capacity during a massage parlor operation in Fort Myers on March 14, 2013.
They also say Rodriguez gave a falsified account of his actions during the operation, which was relied upon to affect the arrests of two women at the massage parlor.
Rodriguez was arrested in September 2019, and filed for retirement soon after.
In October, his attorneys asked the video be inadmissible due to the recording not being authorized, approved or allowed as part of FMPD practice in this type of operation.
They also argued that no other officers were aware of the recording taking place, except one whose credibility is compromised. This same officer admitted secretly took the video off the FMPD server for his own personal use and talked about altering it over Facebook Messenger.
A Notice of Nolle Prosequi was filed Nov 12, officially dropping the charges.