OSCEOLA COUNTY, Fla. – On Thursday, the Osceola County grand jury recommended an evaluation of Kissimmee Police Department’s current command staff and updates to KPD policies after finding the police department harbors a culture of silence where officer misconduct is not reported and accepted.
The grand jury released a presentment, or statement, regarding its findings and recommendations stemming from an April 22, 2023 use of force incident involving KPD Officer Andrew Baseggio knee-spiking a man in the face and the subsequent investigation into the use of force. In August, the grand jury indicted Baseggio on six charges including Felony Battery, Tampering with a Witness, Official Misconduct, Solicitation for Perjury and misdemeanor Battery.
However, the grand jury’s findings extend beyond this specific case, revealing systemic issues involving KPD’s internal procedures, command staff and oversight.
The grand jury emphasized that KPD is comprised of many honest, hardworking law enforcement officers and public servants dedicated to serving their community. Their report in no way questions the integrity of those at KPD who uphold their commitment to public service.
However, the grand jury feels it is necessary to share their findings with the public and the City of Kissimmee so critical concerns can be addressed. We extend our appreciation to the grand jury for their time and careful assessment, as well as to the City of Kissimmee for taking these findings seriously. We look forward to the city’s efforts to implement these recommendations, creating a safer and stronger community for all.
Below is a summary of the grand jury’s findings and recommendations. Click here to read the full presentment.
Below is a summary of the grand jury’s findings and recommendations.
Grand Jury’s Findings and Recommendations Summary:
- KPD harbors a culture of silence: The grand jury found a persistent culture within KPD that fosters silence around officer misconduct. Evidence in the Baseggio incident showed other officers on the scene failed to intervene, later laughing about it on body-worn camera footage. Initially, no criminal investigation was conducted and the request for one was delayed for months.
After an internal review, despite findings of policy violations, Baseggio’s only punishment was a day off without pay and the misconduct was not reported to the appropriate agencies, including the Criminal Justice Standards and Training Commission and the State Attorney’s Office.
Recommendation: The grand jury is asking that KPD leadership have the resources to quickly address the culture of acceptance and non-reporting, particularly surrounding use of force or officer wrongdoing.
- The grand jury lacks confidence in KPD’s current command staff: Evidence showed former KPD Police Chief Betty Holland ignored misconduct evidence, declined a criminal investigation and failed to report Baseggio’s policy violations to the State Attorney’s Office, which only learned of them from news reports. When FDLE was brought in to investigate, the grand jury found the process was compromised, as former Chief Holland informed Baseggio about the investigation and he was allowed to view the final report before prosecutors, enabling him to tamper with witnesses.
Recommendation: The grand jury urges the City of Kissimmee to evaluate KPD’s command staff to ensure they lead with integrity.
- Inadequate internal affairs oversight: The grand jury concluded KPD’s Internal Affairs Section is severely understaffed and lacks resources, leading to inadequate case investigations and poor record-keeping.
Recommendation: The grand jury is calling for restructuring and increased staffing for effective oversight.
Additionally, the grand jury stated KPD policies lack clear guidelines for initiating criminal investigations after use of force incidents. Evidence showed officers discussed internal investigations openly, violating confidentiality rules. The grand jury noted these deficiencies hinder oversight and accountability.
Recommendation: The grand jury recommends KPD establish formal discipline for officers who discuss pending IA investigations.
- Deficiencies in training and policy clarity: Evidence showed officers involved in the Baseggio incident failed to recognize the victim’s mental health crisis and conducted a warrantless home entry, violating established legal standards.
Recommendation: The grand jury recommends KPD provide extensive officer training in crisis management, search and seizure laws and investigative protocols.
- Failure to report to the Criminal Justice Standards and Training Commission: The grand jury found approximately 10 instances where KPD did not report sustained policy violations to the Criminal Justice Standards and Training Commission as required by Florida law. The grand jury also found a pattern of labeling excessive force incidents as mere policy failures, rather than specifying the actual misconduct, suggesting possible intent to avoid mandatory reporting. Reporting to the commission is critical to prevent officers with disciplinary histories from moving unimpeded to other agencies.
Recommendation: The grand jury recommends KPD comply with Florida law on mandatory reporting requirements and establish procedures to ensure reporting is done moving forward.
- KPD members acted inappropriately or were dishonest during this investigation: The grand jury found some members of the Kissimmee Police Department acted inappropriately or were dishonest during the Baseggio investigation, noting instances where officers were either not forthcoming or lied in their testimony. These actions, according to the grand jury, further erode the department’s credibility and highlight the need for reform.
Recommendation: The grand jury recommends addressing these truthfulness issues through reporting requirements the Office of the State Attorney must follow.
Next Steps
Officer Baseggio’s criminal case will move through the judicial process.
The City of Kissimmee has begun taking proactive steps in response to the grand jury’s findings and we commend its commitment to addressing the community’s concerns. Kissimmee has accepted the resignations of two KPD command staff members, including former Police Chief Betty Holland, and appointed an interim chief from the Orange County Sheriff’s Office. KPD has corrected past IA reporting failures, notifying the Criminal Justice Standards and Training Commission, and is restructuring the Internal Affairs Section with increased staffing and leadership.
Additionally, the city has requested OCSO to conduct internal investigations into the 11 KPD officers identified in the investigation. The State Attorney’s Office will review these findings to determine if any officers should be listed in its Brady Identification System, which identifies officers whose credibility may be in question.
Click here to read the City of Kissimmee’s full response to the grand jury’s presentment.
State Attorney Bain released the following statement:
“I want to make it clear that I know the Kissimmee Police Department is full of honest individuals dedicated to serving and protecting our community. The grand jury’s findings should not undermine the integrity of those hardworking officers. However, they feel it is essential to address certain concerns for the continued safety of the public and the integrity of KPD.
“We thank the grand jury for their thorough examination of the evidence and we commend the City of Kissimmee for taking these findings seriously. Together, we look forward to strengthening the police department and enhancing accountability, integrity and trust within the community. Our commitment remains unwavering in helping the public address any concerns and ensuring that potential wrongdoing is investigated and rectified.
The grand jury’s full presentment is available to the public at www.sao9th.com. Click here to read the full presentment.
