GPD Internal Investigation Shows Officer Resigned After Not Turning Cannabis Into Evidence

On March 18, 2023, Gainesville Police Department (GPD) Officer John Guyton was conducting patrol around 1007 W. University Ave. The area is frequently referenced as “Kava” by GPD. 

At 3:13 a.m., Guyton observed a woman smoking a blunt. Sergeant/Internal Investigator Tracy Fundenburg reported the woman was "holding what appeared to be a cannabis cigarette.” 

Guyton is being accompanied by Officer Michael Henderson, Officer Demitri Weekes, and Officer J. Delancy. 

Guyton tells the woman to come to him, and she responds, “For what?” She says she doesn’t want to talk to Guyton and turns in the other direction. Delancy grabs the woman's left arm, and Guyton handcuffs her. 

Guyton begins walking the woman across W. University Ave., and she repeatedly asks him to let her go. She tells him, “You’re trying to be so fucking smart and try to take me to jail on a fucking blunt? Be for real. I ain’t even got it.” The woman reportedly did not appear to have a cannabis cigarette at this time.

Guyton transported the woman to his patrol vehicle in the nearby Bank of America parking lot. He reportedly made “no effort to locate the cannabis cigarette in the initial area of detainment.” 

A woman nearby asked Guyton what the woman's charges were. Guyton responds, “She had a blunt.” 

The woman asked if she could call her mom, and Guyton said she could when she went to jail. She starts crying and says she won’t be able to finish her job training with the Department of Corrections because of the arrest.

Guyton asks, “Are you trying to be a corrections officer?” “How can you do that if you smoking weed? You know we get urine analysis, right?”

The woman responds that she’ll stop smoking weed.  

The woman's friends approached Guyton and confirmed she was trying to be a corrections officer. They said she had to pick up her baby in the morning. They tell Guyton, “It was nothing like that.”

Guyton responds, “What do you mean? She had a blunt in her hand. It wasn’t a Black & Mild; she had a blunt…. I hate being lied to. She had marijuana in her hand when she came and talked to me.” 

Guyton gets out of the vehicle and says, “Let me explain something, Ms. it’s not cause of your friend. Alright? It’s only because I know if I arrest you right now, any hopes of anything in corrections is done. Do you understand?” Guyton tells the woman she shouldn't “talk shit” to police and tells her to exit the vehicle.

The internal investigator reported she could not “locate an incident report or field contact card.”

On July 9, 2023, around 2:00 a.m., Guyton was arresting an individual for a narcotics violation at 1100 W. University Ave. with Officer James Rome and Officer Tommy Alvin.  

Alvin previously had a hand in the sexual assault of three women working at a local club. Alvin stood by the changing room door as Officer Brook Shutterly committed sexual assault against them under the pretext of an undergarment measurement ordinance check. GPD 2023 Officer of the Year Emma Spaulding sustained Shutterly’s actions by allowing her to commit the sexual assault. The three were under the authority of Sergeant Aaron Waggle. Spaulding received no consequences, and all the other officers received written warnings and were permitted to continue their employment with GPD. 

In this case, Guyton was searching a Black man who reportedly walked toward him while smoking a blunt. Guyton searched him and found a blunt, a bag of cannabis, and $2,940 cash.

Guyton transported the man to a nearby Bank of America parking lot and reportedly began explaining the law on medical marijuana cards. The man asked the officers to call his mom and gave them her phone number.  

At 2:35 a.m., Corporal P. White arrives on the scene. 

White asked Guyton if the cannabis was “outside the original container,” and Guyton responded, “He don’t have a cannabis card.”

Guyton begins walking away, and White says, “Hey John, you gotta quit targeting people. I’m just being real with you.” 

Alvin began laughing at White’s comment and started counting the man's money. Alvin put his money and cannabis in an evidence voucher envelope.  

White asked Guyton why he was arresting the man. Guyton said it was because the man walked toward him while smoking a blunt and tucked it away when he noticed him. 

White made contact with the man’s mom and told him her son was smoking weed in public and was going to jail for misdemeanor possession of marijuana. White said he could “almost guarantee” the man would be released in the morning. 

At 2:46 a.m., the man's mom went to speak with him through the patrol car window. He asked Guyton if his mom could take the money. The man’s mom told him to sign his property to her when he got to the station.  

At 2:51 a.m., Guyton collects the man’s items and gets into the patrol car with him. The report doesn’t say exactly what the man says, but he presumably asks why he was arrested. Guyton responds that he saw him “cuff” the blunt in his hand. After the man says something in response, likely related to his arrest, Guyton says, “We can’t even really talk about it.”  

The man asks, “Why?”

Guyton says, “Because I didn’t Mirandize you…. I didn’t read you your rights. So, I don’t want to talk about it.”

The man and Guyton argue back and forth about the necessity of Miranda warnings, and Guyton says he doesn’t want to answer questions.  

The man goes on to talk about his previous encounter with Guyton where he was pulled over. The man was driving ten miles over the speed limit in a 40 miles per hour (MPH) zone. During the traffic stop, Guyton was accompanied by Corporal Matthew Quinn and Corporal Casey Walsh. 

The man tells Guyton, “[this was like] the last time you got me.”

Guyton responds, “I have no idea who you is, bro.”

The man told Guyton he used to talk to him when he worked at Circle K and that he now was employed with USAA. 

Guyton says, “You say USAA?”

The man says, “Yes sir.” 

Guyton says “USAA?... I love USAA. My motorcycle is insured by USAA, both cars [are] insured by USAA, [and my] house insurance is USAA. Everything is USAA.” Guyton says, “I ain't never been in a wreck before” and calls the USAA system "old fashioned.” 

While on 1800. N Main St., Guyton made a U-turn onto 100 NW 3rd Ave, slowed down, and told the man, “[I’m going to] put you right here, cause I ain’t gonna put you out in front of everybody.”

At 3:02 a.m. Guyton parked his vehicle and opened the door where the man was sitting with handcuffs. Guyton says, “Listen. The only reason why this happened, man, is I’m not in the business of… If somebody’s trying, I like to see people trying. Boy, I like to see people doing the good stuff.” 

The man says something in response, and Guyton says, “That’s why. You feel what I’m saying?” 

Before finishing his conversation, Guyton turns his body-worn camera (BWC) off. “I was unable to locate any incident report, mittimus, or property/evidence voucher in the records management system (RMS),” wrote Investigator Fundenburg. 

According to Investigator Fundenburg, “Officer Guyton is a certified Drug Recognition Expert.” 

Investigator Fundenburg attempted to conduct interviews with the involved officers and citizens. 

Officer Delancy didn’t remember much about the incident with the woman and Guyton. 

Officer Henderson resigned from GPD on January 11, 2024, making him unavailable for an interview.  

The woman who allegedly smoked a blunt wasn’t able to be located. 

Officer Weekes said he “vaguely recalled the encounter between Officer Guyton and [the woman] but could not recall the conversation between them during the one-minute buffer [on the BWC].” 

Officer Rome said he recalled Guyton “educating” the man who allegedly smoked a blunt on the legalities of cannabis usage. He said he thought Guyton was taking the man to jail. He said he never saw Guyton “target anyone” and that White was “joking.” 

Officer P. White said he thought Guyton released the man in the parking lot of Bank of America. He said he hadn’t ever observed Guyton “target anyone” and that he was “joking” when he commented on Guyton needing to stop “targeting people.” 

Officer Alvin also said he never saw Guyton “target anyone” and that White was “joking.” Alvin said he thought White was explaining officers weren’t “after certain people.” 

The officers involved in Gunyon’s traffic stop with the man were interviewed. 

Cpl. Quinn said he had no recollection of the traffic stop. 

Cpl. Walsh said she didn’t recall if the man was a male or female and said that he was adjusting his vest. She said she didn’t remember if Guyton recovered any narcotics, and she left the traffic stop before its completion.  

In March 2024, Walsh allowed her K-9 to attack an innocent homeless woman sleeping in bushes, mistaking her for a domestic battery suspect. 

The man said he recalled Guyton telling him “weed is still not [legal] in the State of Florida.” The man said he believed he was going to jail but confirmed Guyton let him go. He said he was surprised when Guyton made a U-turn and that there was no prior discussion of his release.  

The man said Guyton didn’t turn around because of his affection for USAA, but because he threatened a lawsuit against him for not reading him his rights. The man said he was confused until he was released. 

Guyton had a civil rights lawsuit filed against him in the fall of 2023 by someone unrelated to this internal investigation. 

The man said Guyton returned the money, but not the cannabis. The man went on to say that during his prior traffic stop with Guyton, he took about a quarter of cannabis from him. Guyton did not report this.  

Between April 5, 2024, and April 12, 2024, Guyton was notified of the internal affairs investigation and given copies of the BWC and other investigative materials. 

On April 16, 2024, Guyton was placed on administrative leave.  Guyton had his interview for the following day rescheduled for April 26.  

On April 17, 2024, Investigator Fundenburg texted Guyton an additional copy of BWC. Guyton responded, “What other possible BWC disc could you have for me?” Guyton went on to say, “I have everything I need concerning that hunting expedition…. You can keep it.”

Guyton resigned as the investigation was ongoing. 

Guyton was found in violation of three GPD General Orders for turning off his BWC, not writing incident reports, and not submitting evidence.

Guyton was found in violation of the City of Gainesville Code of Conduct for not producing the required standards of performance, violating statutory authority, and abusing safety rules and personnel policies. 

Guyton had previously received several written warnings for violating GPD General Orders and the City of Gainesville Code of Conduct. 

On July 5, 2022, Guyton received written instruction for carelessness and violating the safety protocols of a traffic accident. 

On July 12, 2022, Guyton received written instruction for not producing the required standards of performance. 

On January 19, 2023, Guyton revived written instruction and a 16-hour suspension for not producing the required standards of performance.  

On March 16, 2023, Guyton received written instruction and an 80-hour suspension for not producing the required standards of performance, violating safety rules, and conducting himself in a way that is “immoral, unlawful…. improper…. or [indecent].” 

On November 16, 2023, Guyton received written instruction, remedial training, and lost his privileges to take home his patrol vehicle due to carelessly handling personnel equipment or property. 

Had Guyton not resigned, his recommended disciplinary action would’ve been dismissal. Due to his resignation, the investigation was closed.