Magistrate upholds trespass warning for man found sleeping on Sea Spray Park bench

A City of Daytona Beach Shores special magistrate denied an appeal of a trespass warning after police testimony that the appellant was found lying horizontally on a bench at Sea Spray Park and was identified by officers.

Stuart Cruz, the city's community service director who prosecuted the appeal, presented the city's evidence and the procedures used to notify the appellant. Officer Ingram testified he found Joseph Wade asleep on a park bench, attempted to wake him and identified him by ID; the officer also said the city posted the trespass notification at the Public Safety Department and attempted certified mail to the address on the appeal.

Officer Ingram said he approached Wade and, after calling to wake him twice, "he awoke." Ingram testified he positively identified Wade using an identification check. Cruz told the magistrate he had posted the notice at the Public Safety Department and attempted certified mailing to the address that appeared on the appeal letter.

Magistrate Steve De La Roche said he reviewed the testimony and evidence and concluded the trespass warning was lawfully issued. "I find that the trespass warning was lawfully, issued and denied the appeal," he said.

The magistrate's finding means the trespass warning remains in effect; the hearing record cites the city's trespassing ordinance and the magistrate proceeded under the section that allows review when an appellant fails to appear. The city presented documentation of the posted notice and the police officer's account; the magistrate considered those materials sufficient to uphold the city's action.