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State Attorney’s Office Concludes No Crimes in Dispute Between State Rep. Randy Fine, Palm Bay Deputy Mayor Kenneth Johnson

By  //  July 22, 2022

statements by Deputy Mayor Johnson amounted to a “conditional threat”

The investigation arose out of an incident between State Representative Randy Fine and Palm Bay Deputy Mayor Kenneth Johnson on June 4, 2022. A senior assistant state attorney considered all the available evidence and determined that the statements by Deputy Mayor Johnson amounted to a “conditional threat” and no prosecutable crimes had taken place.

BREVARD COUNTY, FLORIDA – State Attorney’s Office for the 18th Judicial Circuit announced on Friday, at the request of the Melbourne Police Department, the Attorney’s office conducted a review of their investigation into allegations of criminal assault, or a verbal threat to commit imminent violence toward another person.

The investigation arose out of an incident between State Representative Randy Fine and Palm Bay Deputy Mayor Kenneth Johnson on June 4, 2022.

A senior assistant state attorney considered all the available evidence and determined that the statements by Deputy Mayor Johnson amounted to a “conditional threat” and no prosecutable crimes had taken place.

State Attorney Phil Archer concurred with the opinion.

“Under Florida law, a conditional threat occurs when a person offers to commit violence toward another person, but contingent upon a future event that may or may not occur,” said the State Attorney’s Office for the 18th Judicial Circuit.

“A conditional threat does not satisfy the requirement of imminence for an assault conviction.”