Pinellas County Sheriff Deputy Matthew Wroe's Stingray Deposition

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IN THE CIRCUIT COURT IN AND FOR

PINELLAS COUNTY, FLORIDA
CASE NO. 13-17235CFANO
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:
STATE OF FLORIDA,
:
:
Plaintiff,
:
:
vs.
:
:
JAMES EDWARD MCLYNAS,
:
:
Defendant.
:
:
-----------------------------------X
PLACE:
Criminal Justice Center

14250 - 49th Street North
Clearwater, Florida 34620
DATE:
March 8, 2016
TIME:
9:06 a.m. - 9:57 a.m.
REPORTED BY:
NONA M. BARTORILLO
COURT REPORTER
SIXTH JUDICIAL CIRCUIT
NOTARY PUBLIC, STATE OF FLORIDA
---------------------------------------------------------DEPOSITION OF MATTHEW WROE

---------------------------------------------------------PAGES 1 - 31
MORGAN J. MOREY & ASSOCIATES

CERTIFIED SHORTHAND REPORTERS
333 Third Avenue North, Suite 510
St. Petersburg, Florida 33701
(727) 894-7407
Morgan J. Morey & Associates
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APPEARANCES
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CHRISTY ELLIS, ESQUIRE

GREG GROGER, ESQUIRE
Assistant State Attorney
Criminal Courts Complex
Clearwater, Florida 34620
Attorney for State of Florida
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JERRY THEOPHILOPOULOS, ESQUIRE

1247 South Pinellas Avenue
Tarpon Springs, Florida 34689
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Attorney for Defendant
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P R O C E E D I N G S
MATTHEW WROE
having been first duly sworn to tell the truth, the whole
truth, and nothing but the truth, testified as follows:
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DIRECT EXAMINATION
BY MR. THEOPHILOPOULOS:
Q.
Please state your name for the record.
A.
Sergeant Matthew Wroe W-R-O-E.
Q.
And how are you employed, sir?
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A.
I am a sergeant with Pinellas County Sheriff's
11
Office.
Currently assigned to the detention
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investigations unit.
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Q.
How long have you been with PCSO?
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A.
Just shy of 11 years.
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Q.
My name is Attorney Jerry Theophilopoulos.
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represent James McLynas.
If at any time I ask you a
17
question that you feel is not clear, concise or accurate,
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please stop me, and ask me to rephrase it; otherwise,
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we'll all assume you understood.
It is that agreeable?
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A.
Yes, sir.
21
Q.
When's the first time you heard of James
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McLynas?
A.
The first time I've heard of James McLynas was
this case, which I believe was October 28, 2013.

Q.
Prior to that date, had you heard James McLynas?

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A.
No, not to my recollection.
Q.
And who came to you about the case?
A.
Well, Sergeant Dane, I believe, initially asked
me to contact Detective McLean who was of the arson auto
theft unit.
McLean who explained that Mr. McLynas had a warrant for
his arrest, and they were -- also had probable cause for
his arrest involving some type of automotive charges.
And I then had a conversation with Detective
Q.
Did they give you details about the incident?
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A.
The details of the incident, which incident?
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The automotive or the --
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Q.
Either one.
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A.
There was a report number I guess given to me,
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which we would look into that involved a battery on an
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elderly person 65 or older.
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Q.
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occurred?
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A.
What was your understanding how that battery
It's been quite a while.
But my recollection
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was it had something to do with a realtor of some type and
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spraying of a water house.
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22
23
Q.
And then the car stuff, what was your
understanding that was about?

A.
To be frank, I don't recall.
I don't think I
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got a huge explanation of that, just that there was
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probable cause for his arrest. And they had charges

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involving I want to say some type of title fraud.
that's by no means my area of expertise, so I kinda take
their word for that.
Q.
But
Were you ever made aware that back in January of
2013, Clearwater Police Department had investigated
Mr. McLynas with regards to the title issues?
A.
Not that I recall.
Q.
Nobody ever told you about that?
A.
Not that I recall.
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Q.
Lamon Green, does that name ring a bell with
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Clearwater PD with this investigation?
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A.
No, sir.
I don't know Lamon Green.
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Q.
Do you know how this investigation went from
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Clearwater PD closing their file out and to the sheriff's
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office picking it up?
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A.
Oh, I have no idea.
Is that in regards to the
arson auto theft case?
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Q.
Yes.
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A.
Yeah, I have no idea.
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I didn't even -- as best
I recall, I didn't even know Clearwater had a case.
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Q.
Did you talk to Bob Gualtieri about any of this?
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A.
Myself?
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Q.
Yes.
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A.
Oh, no.
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Q.
What about your next in chain of command, did

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they discuss this matter with Bob Gualtieri?
MR. GROGER:
Object to the form of the question.
Q.
You can answer it.
A.
That would be Sergeant Dane.
knowledge.
would have to be posed to him.
would never talk directly with the sheriff about that.
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Q.
And I -- not to my
But that would obviously be a question that

But as far as I know, he
This case dealt with what's known as StingRay;
is that accurate?
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A.
The device is a cell site simulator.
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Q.
Do all of those cases go through Sheriff
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Gualtieri?
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A.
I don't know the answer to that question, to be
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honest with you.
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corporal that basically we were being told, hey, we were
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going to use that device.
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information necessary to get a court order and get
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that -- as far as where it goes up the chain of command,
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sir, how high, I couldn't answer that.
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Q.
I was in a role as a detective and a
And I would gather the
Do you recall any of your supervisors in the
chain of command talking to you about this case?
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A.
Other than Sergeant Dane, no.
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Q.
What did Sergeant Dane tell you?
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A.
Sergeant Dane said that arson auto theft was
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looking for this individual, Mr. McLynas and to get with

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Detective McLean and see what they had.
there's a warrant for his arrest.
Q.
Apparently,
Now how many cases prior to this were you
involved in where you utilized the cell site simulator to
locate an individual?
MR. GROGER:
Q.
You can answer it.
A.
I don't think I can answer how many questions
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(sic) because there's possibly still open investigations.

It had been used before, I can say that.
Q.
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Was it more than ten?

MR. GROGER:
Object to the form of the question
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in that it's outside of the order of the motion to
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compel.
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Q.
You can answer.
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A.
It's a tough question for me to answer because I
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don't remember when the equipment was acquired.

Q.
Were there parameters in using this equipment
and getting an order?

A.
There would have to be an arrest warrant in
place before we would use it.

Q.
Were there parameters as far as what types of
arrest warrants, type of cases?

A.
Would have to be a felony arrest warrant.
But
other than that, I was never personally made aware of any

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actual, you know, minimal standards, if you will.
that's what you're looking for.
aware of that.
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Q.
I think
I was never -- never made
So we could have a felony grand theft, and you
would utilize that if it's asked?
A.
That's never my decision.
Q.
Whose decision is it?
A.
Someone up the chain of command.
Q.
Whose decision was it in this case?
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A.
I don't know the answer to that, sir.
I've told
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you I was told by my sergeant to go get a court order.
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Obviously, as a detective, it wouldn't be my decision.
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Q.
So you're saying Sergeant Dane might know?
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A.
That's correct, yes.
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Q.
Do you know who above him might know?
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A.
No.
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Q.
Do you know who was above him?
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A.
At that time -- there's been some changes.
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It's my chain of command is my sergeant,
so.
I'm
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trying to remember at that point in time who would have
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been the lieutenant.
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sir.
I'm not sure, to be honest with you,
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Q.
So it would be Dane's lieutenant?
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A.
Correct.
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That would be next in the chain of
command followed by a captain who oversees narcotics.

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Q.
Were you the go-to person with regards to the
cell site simulator applications for orders?

A.
I don't know if I would say I was the go-to
person.
go-to person, 'cause he ran the unit.
Q.
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Sergeant Dane I would actually say would be the
How many actual applications did you ask for?

MR. GROGER:
Object to the form of the question,
and that is privileged information.

A.
Yeah, I can't answer that question because it's
not in regards to this case.
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Q.
Was it more than ten?
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A.
Again, I can't answer that question.
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MR. GROGER:
Object.
It's privileged
information.
Q.
Did you find it odd that this was being utilized
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for somebody who, in essence, was alleged to have sprayed
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a realtor with a hose?
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MR. GROGER:
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Q.
You can answer it.
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A.
I wouldn't say I found it odd.
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a court order.
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charges.
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Q.
I'm told to get
Had a felony warrant, and he had the other
So I really didn't consider that.

Let me ask you about that.
You keep saying I'm
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told to get a court order.
Why didn't you all get a
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warrant on this case for the cell site simulator use?

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A.
The court order was the standard procedure for
what we got.
Q.
Has that changed now?
A.
I don't know, sir.
I've actually been out of
that unit for almost two years.
after this incident, actually, I left that unit.
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Q.
I don't -- not too long
Would Sheriff Gualtieri have to be debriefed
about the cell site simulator applications?
A.
I couldn't answer that either, to be honest with
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you, sir.
I don't know who did the debriefings, how high
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those would go up.
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command.
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I don't know.
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Q.
That's very high up the chain of
I don't know that he would be briefed on that.
In your report, you contacted Mr. Groger, who's
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present here, at the state attorney's office to assist you
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in obtaining the pen register order; do you recall that?
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A.
I do, yes, sir.
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Q.
And what was discussed at that meeting?
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A.
Just the charges that -- as far as the warrant,
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and that there was also probable cause for Mr. McLynas by
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arson auto theft.
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Q.
Did you talk to -- you said you talked to
Officer McLean or Deputy McLean at the time?

A.
Yes.
I would have talked to him initially to
verify this information.

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Q.
He told you there were multiple cases of title
type issues; is that accurate?

A.
I'm just going to refer to my report.

Yeah.
It's been
quite a while.
As I recall it, he told me there
was -- he indicated, unless I misunderstood, there were
multiple charges of some type of title fraud type
incidents.
So I take his word for that, 'cause that's his area of
expertise.
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Q.
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provided.
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words right here and numbers, what do they mean, since
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obviously you people drafted this?
Again, not anywhere near my area of expertise.
Let me show you the documentation that we were

This is actually signed by the judge.
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A.
The number at the bottom?
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Q.
Created 10-06-11.
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A.
I'm not aware.
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Q.
USM?
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A.
Yeah, I don't know.
These
What's that mean?
That's obviously some sort
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of standard that the state has on the bottom of their
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orders that -- I'm not familiar with that.
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Q.
Let me ask you this.
You did the application?
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A.
That's correct.
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Q.
Well, both -- am I correct that both the
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application and the order have that coding on it?
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here's the order.

And
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A.
Yes, sir, you are correct.
But again, that's
something the state, when we draft these --
Q.
Is it in your data bank?
A.
-- would assist us.
And that's a number that
I'm assuming that they use for some sort of tracking
purposes.
Q.
But I don't what that number is.

Whose data bank is that application in, yours or
the state's?
A.
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you mean?
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Q.
Did you type this up at your office?
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A.
It was typed up at Mr. Groger's office.
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Q.
I understand now.
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I don't understand "what data bank."
What do
Is a copy of the application
kept with your department?
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A.
A copy of the application is not kept with our
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department.
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Q.
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department?
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A.
Is a copy of the order kept with your
A copy of the order would be kept, yes, sir.
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Because a copy of the order would have to be sent to the
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cell phone company for them to actually, you know,
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obviously, make it active.
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Q.
So does the sheriff's office maintain those
orders in some sort of filing system?

A.
I'm not sure what happens to them -- that would

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be a question for Sergeant Dane -- other than they're
scanned into our ACISS reporting system, and they are
maintained there.
sir, or if it's actually shredded after it's scanned.
the state, of course, keeps a copy as well.
I'm not sure if the hard copy is kept,

But
Q.
So there is in the -- is it ACISS?
A.
Yes.
Q.
That system, you do keep a copy of the order?
A.
We would scan the order in.
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Q.
But not the application?
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A.
No, sir.
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Q.
Then the original application is kept by whom,
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the state?
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A.
Yes.
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Q.
Is the tactical surveillance unit given a copy
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of the order?
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A.
No, I don't believe so.
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Q.
Now in the paperwork, it talks about Verizon?
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A.
Correct.
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Q.
But Mr. McLynas had a T-Mobile number; is that
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accurate?
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A.
Correct.
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Q.
Where did you get Verizon initially?
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A.
Any time you do any kind of cell phone inquiry,
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you use what's called Phone Finder. Generally, very

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accurate.
Occasionally, wrong.
In this case, wrong.
It's public.
And it'll show -- it showed in this case a Verizon phone.
Turned out that that phone possibly had been Verizon in
the past.
Had been ported over.
accurate.
Police submitted the court order to Verizon,
and Verizon said we no long have this phone.
able to tell us, I believe, that it was a T-Mobile phone.
Anybody can look it up, phonefinder.com.
Their information wasn't
They were
Q.
What day was that order submitted to Verizon?
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A.
It would have been the date that we got the
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order, sir, which I have to go back and look real quick.
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It was October 29.
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Q.
What date did you fax it over to them or to
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T-Mobile?
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A.
Same date, sir.
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Q.
It was done via fax?
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A.
I believe it would have been done via fax.
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believe that's how T-Mobile gets their orders.
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actually at that point, should have merged with Metro.
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They're actually one company.
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it's still -- they still operate under T-Mobile.
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Q.
T-Mobile,
Now they've united, but
Do you know why the numbers are redacted on your
case number?
MR. GROGER:
I'm going to object to the form of
the question. It's privileged information.

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Q.
When you have to do this installation pen
register touch tone decoder and a calling party
identification system trap and trace device, what actually
is done to install that?
A.
That's done by the phone company.
Basically, we
submit the order.
agencies have a way of running pen registers or DNR is the
old term.
electronically to us and provides the information.
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Q.
And pretty much all law enforcement
They basically set all that up.
And it comes
When you get the phone company on board with the
order, what do you do next?

A.
Since we -- you wait.
Sometimes there's a
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waiting period for any information you're getting from the
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phone companies.
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obviously respond accordingly.
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Q.
Once you get that information, you
What information did you get, and when was it
provided to you?
A.
It came in on -- let me refer to my report
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again -- October 29.
The information was showing the
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phone in the area of Oakhurst Road and 102nd Avenue.
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shows us that via cell towers.
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locations would be.
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actually showing that it was hitting several different
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towers, thus, making it very hard to locate where the
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phone might be.

It
It shows where the tower
If I recall in this case, it was
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Q.
How was that information provided to you?
A.
It's through a website basically, if I'm saying
that correctly.
Basically, when a call is made, a tower
on the screen in the office would pop up, and it would
show you -- or actually, excuse me, T-Mobile has a ping
system.
you what tower in the area.
Every 15 minutes it will ping that phone and show
Q.
Will it give you the exact location of an
individual?
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A.
It does not give you the exact location, sir.
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For example, if you make a phone call here from the
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courthouse, and you're going to hit a cell tower somewhere
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near courthouse.
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tower.
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Q.
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You're just going to get that cell
Did Detective McLean indicate to you, at any
time, that my client was transient, James McLynas?
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A.
Not that I recall.
18
Q.
Did you put that in your application?
19
A.
I don't recall.
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while.
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Q.
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Like I said, it's been quite a
When you hear the word "transient" in your
profession, what is your understanding that means?

A.
I'd say it can mean one of two things.
I've
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heard it to describe a homeless person.
And I've also
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heard it to describe someone who kind of jumps from place

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to place, staying at different locations, if you believe
him to not be staying steadily in one location.
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4
Q.
this order through the phone company?
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6
A.
We get what's called toll records, which shows
incoming, outgoing calls, what numbers are being called.
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8
What other information were you provided through
Q.
Did you go on scene with any of the crew in
order to locate him?
A.
Yes, yes.
10
Q.
Did you go to the house that he was supposedly
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A.
The house, 19501 Gulf Boulevard?
13
Q.
Yes.
14
A.
Yes, I was there.
15
Q.
How was it that you ended up at that specific
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at?
house if it just gives you a cell tower?

A.
We have what's called a cell site simulator,
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which is something we can deploy with.
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general area of that tower.
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record as far as how it works.
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phone tower, and it will give you a much more specific
22
location to where the device is.
23
Q.
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simulator?
25
A.
You go to the
This has all been public

Basically, acts as a cell
Were you the one utilizing the cell site
Yes.
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6
Q.
And were you able to put the phone number for
Mr. McLynas at that residence?

A.
It indicated that the phone was in that
direction, yes, sir.

Q.
Are you able to locate where in the house that
phone would be?
A.
direction.
Q.
How many feet are we talking about?
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A.
That's an investigative technique.
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12
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No, generally not, sir.
Just the general
I don't
think I can disclose that.

Q.
But you're able to locate that phone in that
particular residence?
A.
General description, yes, sir.
I can kinda
15
explain the house to you if I could, as far as, if I
16
remember, there's a vacant lot on the north, and there was
17
some space between, if I remember correctly, the south and
18
next residence.
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you in the right direction, if you will, that more than
20
likely the device would be in that residence.
So it indicated -- basically, it'll point
21
Q.
Did you see the house at the Gulf Boulevard?
22
A.
Saw the house, yes.
23
Q.
Did you notice the windows?
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25
Were they all
covered?
A.
I don't recall.
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Q.
Were you able to see in any of the windows?
A.
I never left the vehicle.
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foot or anything.
Q.
So I didn't see in any windows.
So the first date that the cell site simulator
was deployed in this case was what date?

A.
October 29.
But we did not locate Mr. McLynas
on that date.
Q.
Was there information being provided to you that
that phone left that residence?

A.
On the date that we found him, which was
actually the 30th, yes.

Q.
But on the 29th, were you able to locate him at
that residence or the phone?

A.
No, no, no.
The 29th, we never located
15
Mr. McLynas on the 29th, anywhere.
16
located on the 29th.
17
18
I didn't get out on
Q.
That phone was never
Do you know what enhanced 911 triangulation or
precision based geolocation data is?
If so, explain.
19
A.
I can't explain it.
20
Q.
Do you know what it is?
21
A.
It's been described to me in the past.
I've had
22
some of those questions in regards to that court order
23
terminology in the past, and I've had it all explained to
24
my at times.
25
since I've done any of this. I can't explain it.

But like I said, it's been almost two years

I'll be
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1
frank, it's terminology that's used in the cell phone
world in getting these court orders.
asked for clarification when I got into doing these court
orders, so I could have a general knowledge of that stuff.
But again, that's been quite a while.
Q.
Let me ask you.
And I absolutely
Page two of the order, it
states that -- let me find it first.
Well, let me ask
you.
states that there's probable cause to believe that the
In the documentation that was provided to me, it
10
targeted phone is being used for a criminal purpose.
11
you recall that language?
12
13
14
A.
That's something that would generally be in
these types of orders, yes, sir.

Q.
Can you explain to me what information you had
15
that there was probable cause to believe that that
16
targeted phone was being used for a criminal purpose?
17
Do
A.
I understand the question.
I guess it's sort of
18
a way of explaining that this individual is believed to be
19
in possession of that phone.
20
evade capture, which we had information from arson auto
21
theft that they could not find him, that he was trying to
22
avoid this warrant and their charges, that by doing so, if
23
he's utilizing his cell phone.
24
25
Q.
And by continuing to try and
So you're saying him utilizing his cell phone is
a criminal purpose?
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1
A.
If he's doing so in order to avoid capture.
Q.
What was he doing with his cell phone to avoid
capture that that language was put in here?
what he was doing with that cell phone?
Who told you
A.
In regards to the cell phone in particular?
Q.
Yes.
A.
No one.
8
9
But in regards to him avoiding capture,
the arson auto theft detectives.

Q.
What did the arson auto theft detectives
10
indicate to you how he was using his cell phone for a
11
criminal purpose?
12
A.
In particular, nothing I recall.
13
Q.
So why was that language put in there then?
14
A.
I think it's pretty standard language in regards
15
to if a criminal is using phone or has a phone, they're
16
using that phone to move about and communicate with
17
people.
18
19
Q.
But that's not -- there's nothing criminal in
doing that is there, using your cell phone?
20
A.
Well, if you're evading capture.
21
Q.
What information did you have that he was
22
23
evading capture?
A.
Just from the arson auto theft detectives not
24
being able to locate him.
Not being able to -- I got the
25
impression that he was avoiding them.

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2
3
Q.
Do you know the history between Mr. McLynas and
the sheriff's department?

A.
No, sir.
I have zero knowledge of -- to my
recollection, I had never heard the name "McLynas"
until the date I was asked to go get this court order.
6
7
8
9
10
11
Q.
So was it McLean that would have told you that
he was using that cell phone for a criminal purpose?

A.
Not in that terminology necessarily.
he's the one that told me that they had been trying to
locate him it sounded like for quite some time.
Q.
So is that language used in pretty much all of
12
the applications that you're aware of?
13
language?
14
A.
honest, yes, sir.
16
every one.
17
Q.
19
Is that standard
I think it's very standard language, to be
15
18
But yes,
But I couldn't speak that it's used in
I don't recall.
What sort of documentation do you have to
produce when you utilize the cell site simulator?

A.
Documentation would just be the relative police
20
reports or the warrant information, obviously, the arrest
21
warrant information.
22
Q.
Are there any forms that you have to fill out?
23
A.
No, sir, not that I recall.
24
Q.
So when you use this equipment, you don't have
25
to log it out?
Page 23
1
A.
As far as log the actual piece of equipment out?
Q.
Yes.
A.
No, sir, there was no log.
Q.
Is there any sheet you have to sign when you
take that piece of equipment out?
A.
No.
Q.
And there's no report you need to fill out once
8
9
10
you've completed your job?

A.
Yes.
That report is here.
You have that
report.
11
Q.
Just the standard type of police report?
12
A.
ACISS report, yes, sir.
Any time the equipment
13
would be used in any way, one of these reports would be
14
generated.
15
Q.
FDLE was utilized here?
16
A.
FDLE was not utilized.
17
Q.
Why are they mentioned in the application?
18
A.
Because oftentimes, when you get an application,
19
you might find out the person is no longer in our area,
20
our jurisdiction.
21
with FDLE, where as I understand it, a court order can be
22
passed to them for them to use or they could assist us.
23
24
25
Q.
And there was an ongoing relationship
When Mr. McLynas was in Hillsborough County's
jurisdiction was that passed on to FDLE?

A.
No, sir.
Page 24
1
Q.
Why not?
A.
That's not my decision.
Q.
Whose decision is it?
A.
That would be Sergeant Dane or his chain of
command.
Q.
Is Sergeant Dane still with the department?
A.
Yes, sir.
Q.
Still in the same position?
A.
I am not sure, sir.
10
Q.
Let me ask you.
11
A.
The individual in the black vest with the gray
12
shirt?
13
Q.
Right there.
14
A.
That's a member of our surveillance unit, but I
15
Who's this individual?
do not know him.
16
Q.
Is this a better picture of him?
17
A.
Yes.
18
Q.
Who's this individual?
19
A.
That is -- that's Detective Atkins.
20
21
But I don't know his name.
MS. ELLIS:
Jerry, can I ask you where you got
all those?
22
MR. THEOPHILOPOULOS:
23
MS. ELLIS:
24
25
You want to see them?
Where did you get those?
these?
Who took
Page 25
1
Q.
2
3
4
5
Who's this?
MR. GROGER:
I'm going to object at this point.
I think you're creating evidence in a deposition.

Q.
You can go ahead and answer.
judge if we have to.
MR. GROGER:
We'll go see the
That's fine.
If he knows him, he knows
him.
MR. GROGER:
You know well enough you're not
10
allowed to create evidence in a deposition.
11
not allowed to show him a photo pack.
12
allowed to create evidence.
13
14
MS. ELLIS:
15
You're
You're not
We'll go see the judge.
Can you tell us who took these
photos at least?
16
I'm not privileged, at
17
this point, to be able to notify you, I'm sorry.
18
Let's go see the judge.
19
20
(Thereupon, a brief recess was had.)

21
Q.
Do you know who was on the takedown team?
22
A.
The people I would know, sir, would be the
23
tactical surveillance unit.
24
Atkins would be the first person to come to my mind
25
anyway.
As I mentioned, Detective
Page 26
1
2
Q.
What's his first name, if you know?
don't, that's fine.
A.
Juan, I thing.
Q.
Who else?
A.
Sergeant Samoranski is the sergeant.
Q.
How do you spell Samoranski?
A.
S-A-M-O-R-A-N-S-K-I.
10
I'm not
sure who else was on that team.
If you
He would be the supervisor
at that time of that team.

Q.
Now when you go to try to get a order with
11
regards to a pen register and the cell site simulator, do
12
you advise the judge of all of the evidence or just part
13
of it?
14
A.
No.
15
Q.
Was there an actual discussion with the judge?
16
The judge would read the order.
Were you questioned?
17
A.
Generally, no, sir.
They read the order.
18
Q.
Were you ever provided with the City of
19
Clearwater Code Compliance, their file with regards to any
20
case here?
21
A.
No, sir.
22
Q.
Were you ever provided with Lamon Green's police
23
24
25
report or information regarding one of the cases here?

A.
No, sir, not to the best of my knowledge.
don't even recognize that name. I don't know Lamon Green.

Page 27
1
I don't -- I don't recognize that name.
Q.
Did you have any other involvement in this case?
A.
No, sir.
Q.
Nothing at all?
A.
No, sir.
Q.
After the case is over, did you meet with
Sergeant Dane?
A.
Yeah.
Q.
Did you all discuss this case?
10
A.
Well, Sergeant Dane was with me the entire time,
11
We work in the same office.
so we wouldn't --
12
Q.
So he was out in the field with you?
13
A.
Yes, sir.
14
15
16
As far as discussion after, I don't
really recall any, to be honest with you.

Q.
And there's no forms you're required to fill
out, whether it be federal or state?
17
A.
No, sir, just my report.
18
Q.
I don't have anything further.
19
MR. GROGER:
20
(Thereupon, the deposition concluded at 9:57
21
No questions.
a.m., and reading and signing were not waived.)
22
23
24
25
Page 28
1
ERRATA SHEET
(NB)
2
3
IN THE CASE OF:

MCLYNAS
STATE OF FLORIDA vs. JAMES EDWARD
NAME OF DEPONENT:
CASE NO.
6
7
8
MATTHEW WROE
13-17235CFANO
PLEASE READ THE TRANSCRIPT OF YOUR DEPOSITION.

IF YOU FEEL YOU NEED TO MAKE CORRECTIONS, PLEASE NOTE ON
THIS PAGE. DO NOT MARK ON TRANSCRIPT ITSELF.
SIGN AND DATE THE TRANSCRIPT ON PAGE 29 AND
RETURN ORIGINAL ERRATA SHEET TO THE UNDERSIGNED:
NONA M. BARTORILLO
MORGAN J. MOREY & ASSOCIATES
333 Third Avenue North, Suite 510
St. Petersburg, Florida 33701
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11
12
PAGE
13
______________________________________________________
14
______________________________________________________
15
______________________________________________________
16
______________________________________________________
17
______________________________________________________
18
______________________________________________________
19
______________________________________________________
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______________________________________________________
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______________________________________________________
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______________________________________________________
23
______________________________________________________
24
______________________________________________________
25
______________________________________________________
LINE
ERROR/AMENDMENT
REASON FOR CHANGE
Page 29
1
2
3
4
5
READ AND SIGN
6
7
I have read the foregoing pages
and, except for the corrections
or amendments I have indicated
10
on the sheet attached for such
11
purposes, I hereby subscribe to
12
the accuracy of this transcript.
13
14
__________________________________
SIGNATURE OF DEPONENT
15
16
17
__________________________________
DATE
18
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Page 30
1
CERTIFICATE OF OATH
2
3
4
5
STATE OF FLORIDA
COUNTY OF PINELLAS
7
8
9
I, the undersigned authority, certify that
10
MATTHEW WROE personally appeared before me and was duly
11
sworn.
12
WITNESS my hand and official seal this
13
25th day of March, 2016.
14
15
16
17
18
19
_____________________________
Nona M. Bartorillo
Certified Shorthand Reporter
My Commission # EE873879
EXPIRES: April 24, 2017
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Page 31
1
CERTIFICATE OF REPORTER
2
3
STATE OF FLORIDA
COUNTY OF PINELLAS
5
6
7
8
I, NONA M. BARTORILLO, certify that I was

authorized to and did stenographically report the
Deposition of MATTHEW WROE; that a review of the
transcript was requested and that the transcript is a true
and complete record of my stenographic notes.
9
10
11
I further certify that I am not a relative,

employee, attorney, or counsel of any of the parties, nor
am I a relative or employee of any of the parties'
attorney or counsel connected with the action, nor am I
financially interested in the action.
12
13
14
15
16
17
___________________________
Nona M. Bartorillo
Certified Shorthand Reporter
My Commission # EE873879
EXPIRES: April 24, 2017
18
19
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25

Pinellas County Sheriff Deputy Matthew Wroe&#39;s Stingray Deposition

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Pinellas County Sheriff Deputy Matthew Wroe&#39;s Stingray Deposition

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Page 1

IN THE CIRCUIT COURT IN AND FOR

Criminal Justice Center

9:06 a.m. - 9:57 a.m.

---------------------------------------------------------DEPOSITION OF MATTHEW WROE

MORGAN J. MOREY & ASSOCIATES

CHRISTY ELLIS, ESQUIRE

Attorney for State of Florida

JERRY THEOPHILOPOULOS, ESQUIRE

truth, and nothing but the truth, testified as follows:

Please state your name for the record.

Sergeant Matthew Wroe W-R-O-E.

And how are you employed, sir?

I am a sergeant with Pinellas County Sheriff's

Currently assigned to the detention

How long have you been with PCSO?

Just shy of 11 years.

My name is Attorney Jerry Theophilopoulos.

represent James McLynas.

If at any time I ask you a

question that you feel is not clear, concise or accurate,

please stop me, and ask me to rephrase it; otherwise,

we'll all assume you understood.

When's the first time you heard of James

The first time I've heard of James McLynas was

this case, which I believe was October 28, 2013.

Prior to that date, had you heard James McLynas?

No, not to my recollection.

And who came to you about the case?

Well, Sergeant Dane, I believe, initially asked

me to contact Detective McLean who was of the arson auto

McLean who explained that Mr. McLynas had a warrant for

his arrest involving some type of automotive charges.

And I then had a conversation with Detective

Did they give you details about the incident?

The details of the incident, which incident?

The automotive or the --

There was a report number I guess given to me,

which we would look into that involved a battery on an

elderly person 65 or older.

What was your understanding how that battery

It's been quite a while.

was it had something to do with a realtor of some type and

spraying of a water house.

And then the car stuff, what was your

understanding that was about?

To be frank, I don't recall.

got a huge explanation of that, just that there was

probable cause for his arrest. And they had charges

involving I want to say some type of title fraud.

that's by no means my area of expertise, so I kinda take

their word for that.

Were you ever made aware that back in January of

2013, Clearwater Police Department had investigated

Mr. McLynas with regards to the title issues?

Not that I recall.

Nobody ever told you about that?

Not that I recall.

Lamon Green, does that name ring a bell with

Clearwater PD with this investigation?

I don't know Lamon Green.

Do you know how this investigation went from

Clearwater PD closing their file out and to the sheriff's

office picking it up?

Pinellas County Sheriff Deputy Matthew Wroe's Stingray Deposition

Pinellas County Sheriff Deputy Matthew Wroe's Stingray Deposition