The Flagler Sheriff's Office received two calls May 30 about the welfare of Robert Detherow. But the sheriff's office said the situation did not rise to the point of requiring his detention.
Frank FernandezDaytona Beach News-Journal
A man who contacted the Flagler County Sheriff’s Office May 30 regarding the welfare of a Marine veteran who would later trigger a nearly seven-hour long standoff in Palm Coast said he believes the sheriff’s office should have taken the veteran into custody last week.
But in a response to The News-Journal Friday, the sheriff’s office said the situation did not rise to the level of involuntarily committing Robert Detherow under Florida's Baker Act. The sheriff’s office stated it advised Detherow's wife on the court process to have him committed for psychiatric evaluation.
But everything changed Wednesday when Detherow, 55, was arrested outside his home at 94 Forsythe Lane after deputies asked him to exit the residence for nearly seven hours.
The sheriff's office seized seven firearms from the house after Detherow's arrest.
What happened on Forsythe Lane in Palm Coast?
About 40 deputies surrounded the house and an armored vehicle was used to approach the residence. A sheriff's office drone hovered above. Detherow was shot three times with rubber bullets, which did not take him down. Deputies knocked down his front door and sent in a robot to observe. Detherow kicked the robot over.
Besides Detherow, another man in the house, Kaleb Smith, was also arrested.
The standoff began about 6:30 a.m. when Detherow blocked the street and continued playing loud music, according to a report.
But there were earlier signs of Detherow’s instability. He posted videos on YouTube, ranting about religion and calling Sheriff Rick Staly a traitor. In videos, Detherow complained about former President Donald Trump's conviction and said America was dying.
Detherow was upset that his son, Hunter Detherow, had been arrested in March in a stabbing case after a religious argument escalated outside a Palm Coast gas station. As part of that investigation, the sheriff’s office executed a search warrant at Detherow’s house in March.
Friend: Detherow should have been detained on welfare check
A Marine veteran who said he served with Detherow told The News-Journal Friday that he called the sheriff's office May 30 for a welfare check on Detherow. The friend said he believed the standoff could have been avoided had the sheriff's office taken Detherow into custody following that phone call. He said the sheriff's office could have waited for Detherow to drive somewhere and then stopped and detained him.
He asked that his name not be used in the story.
Sheriff's office: 'Handled appropriately'
Sheriff’s Office Chief Mark Strobridge wrote in an email Friday that the situation was “handled appropriately.”
“We received a call last Thursday, May 30, 2024, in reference to a welfare check on Robert Detherow. Thedeputies spoke with the reporting person and Robert Detherow’s wife.She said he was on a religious rant but not a threat to himself or anyone else.Based on the information provided by the wife, the call for service washandled appropriately and the situation was not escalated.”
When asked whether the sheriff’s office should have sought a risk protection order to seize Detherow’s firearms since the wife said he was going "berserk" and there were firearms in the house, Strobridge wrote the circ*mstances did not rise to that point.
“Based on the information from the spouse, it did not rise to the level of a risk protection order.As you know, the spouse was informed of the process to obtain assistance through the court system,” Strobridge wrote.
Risk protection orders
The sheriff's office policy on the use of risk protection orders, known as red flag laws, outlines the steps required in such a case, according to a copy provided to The News-Journal.
Here is a portion of the sheriff's office policy about standards for using the risk protection order:
- The petition for a risk protection order must allege that the person "poses a significant danger of causing a personal injury to themselves or others by having a firearm or ammunition."
- The petition must include an affidavit under oath showing "specific facts, statements or actions giving rise to a reasonable fear of significant dangerous acts." It must include "personal knowledge" by the deputy or a witness.
- It must list the quantity, types and locations of the firearms and ammunitions believed to be in the person's possession or ownership.
- It must state whether there is a "known existing protection order" against the person, such as an injunction against domestic violence, repeat, dating or sexual violence, or stalking.
The May 30 welfare check request
The report from the May 30 call states that based off of information from the caller and Detherow’s wife, he did not meet the criteria for involuntary commitment for psychiatric evaluation. The report noted that based on information from the wife and caller, Detherow had not made any threats to harm himself or others.
Both said that there was a man, Smith, staying at the home who could contact law enforcement or the family if that changed.
The report stated that “Units will not make contact with Robert to antagonize his already agitated state with FCSO without additional information.”
The wife, whose first name was listed as Sandy, told the sheriff’s office that she believed that “Robert is going off the deep end on a ‘faith-based psychotic break.’” The wife told deputies that Detherow had not been sleeping and was “ranting and raving” about his son’s arrest by the sheriff’s office. He was also upset that deputies had searched his home.
When the wife asked to be taken to the hospital because she did not feel well, Detherow responded “she would die soon. It was OK.” She said she did not believe this was a threat because he continued “religious rants” saying he was godand other “highly religious individuals.”
According to the report, the wife suffered a panic attack due to Detherow’s behavior, went to the hospital and then went to stay in a hotel.
The wife said Detherow was a combat veteran, had been diagnosed with PTSD and disliked law enforcement since his son’s arrest. According to the wife, Detherow had not threatened to harm himself but he had gone “berserk.” The wife also said Detherow had “various firearms” in the house.
Charges against Robert Detherow
Detherow remained at the Flagler County jail Friday on $34,000 bond. He was charged with aggravated assault on an officer, corruption by threat against a public servant firefighter or paramedic, resisting an officer without violence; two counts of assault on an officer, firefighter or paramedic; and exposure of sexual organs first offense.
Hunter Detherow, 22, remained in the Flagler County jail, where he has been since March 18 after his arrest, on $300,000 bond. He was charged with two counts of aggravated battery with a deadly weapon.
Smith, 23, who was charged with one count of resisting an officer without violence, was released Thursday on $500 bond.
