News

By Steve Plunkett

    Ocean Ridge officials have an outside attorney standing by to defend them in case former Vice Mayor Richard Lucibella makes good on his threat to sue the town for alleged police brutality.
    Lucibella’s lawyer, Marc Shiner, said fellow West Palm Beach attorney Andrea Amigo represents the town “in anticipation of litigation that has not been filed.”
    Lucibella, 63, is charged with battery on a police officer and resisting the officer with violence, both felonies, as well as a misdemeanor count of using a firearm while under the influence of alcohol. He has pleaded not guilty; his trial is set to begin July 21.
    Shiner scheduled depositions on June 7 of Police Chief Hal Hutchins, Town Commissioner Steve Coz and Town Manager Jamie Titcomb. The next day he plans to question police Lt. Richard Jones, who handled the department’s internal investigation of Lucibella’s arrest, and current Vice Mayor Jim Bonfiglio.
    Shiner also asked Circuit Judge Charles Burton to bar Amigo from attending the depositions because she is a “nonparty” attorney in the case. A hearing was scheduled for June 2.
    Amigo’s firm was retained by Ocean Ridge’s insurance company, Town Attorney Glen Torcivia said. Amigo, whose legal specialties include government agency liability, declined to talk about Lucibella.
    “We cannot discuss potential litigation,” she said.
    At the commission’s May 22 budget workshop, Bonfiglio spoke of setting aside money for “the Lucibella matter—that’s not pending yet but I know it’s threatened.”
    Shiner has also scheduled depositions for July 11 of Kim Hutchins, the chief’s wife, Mayor Geoff Pugh and police Sgt. William Hallahan, now retired. He will depose arresting officers Nubia Plesnik and Richard Emeri the following day. Hallahan, Plesnik and Emeri went to Lucibella’s oceanfront home Oct. 22 after neighbors reported hearing gunfire. They confiscated a .40-caliber handgun and found five spent shell casings on the backyard patio.
    With Lucibella was one of the officers’ supervisors, Lt. Steven Wohlfiel. Both men were “obviously intoxicated,” the police said.
    During the arrest, Lucibella was pinned to the patio pavers and suffered injuries to his face and ribs. Shiner has said the police overreacted.
    Officers later determined the confiscated handgun belonged to Wohlfiel, who was fired for his role in the incident Jan. 4.  
    Wohlfiel is appealing his dismissal. His position has not been filled.
    Lucibella resigned his vice mayor and town commissioner positions Dec. 7.
    Burton has set aside four weeks for the trial.
Rich Pollack contributed to this story.