Tony Marrero
Tampa Bay Times
(TNS)
A now-former St. Pete Beach district fire chief arrested in May after deputies said he veered his pickup truck into a bicyclist and then pushed the man has been formally charged with three misdemeanors.
Pinellas deputies arrested Thomas P. McClave Jr., 56, hours after the May 23 incident on charges of aggravated assault with a deadly weapon and simple battery. The assault charge is a third degree felony punishable by up to five years in prison, up to five years of probation and up to a $5,000 fine.
But the Pinellas-Pasco State Attorney’s Office has instead filed three misdemeanor charges against McClave: simple battery, reckless driving and leaving the scene of a crash involving property damage.
The first two charges are first degree misdemeanors punishable by up to a year in county jail. The third charge is a second degree misdemeanor that carries a maximum jail sentence of 60 days.
Pinellas-Pasco State Attorney Bruce Bartlett said those charges, which were filed in late July, were more appropriate given the evidence, which include a video of part of the incident and witness accounts.
“I don’t want to overcharge the guy,” Bartlett said. “I want something where if we have to take it to a jury, we’ll be able to convict him.”
McClave was off duty and driving his personal vehicle, a 2017 Chevrolet pickup, south on Gulf Boulevard near 175th Avenue when he came up behind cyclist Greg Hicks, 58, who was riding in the shared travel lane, according to arrest reports and information previously released by the Pinellas County Sheriff’s Office.
McClave pulled up beside Hicks, and yelled for him to get out of the roadway, deputies said.
An arrest report states that McClave drove his truck “onto a center median area in the direction of Gregory Hicks making contact with Hicks while he was on his bicycle.” According to the report, McClave “was involved in a verbal dispute” with Hicks. McClave then got out of his truck and pushed Hicks with both hands, a report states.
A video shot by a witness and provided to the Times shows the moment that McClave swerved his pickup truck into Hicks. The video shows that Hicks stayed upright but had to swerve off the median and into a left turn lane for oncoming traffic. The video then shows McClave getting out of his truck and pushing Hicks as he is standing in the turn lane and holding his phone.
Bartlett said the front of McClave’s truck hit the back of Hicks’ bike, damaging it, but not Hicks.
“He does touch the bicycle, but he just slowly moves up by that island and moves him out of the street,” Bartlett said. “So as he touches the back of the bike, that’s when the guy realizes he’s been hit, and then he gets off the bike and you can see there’s damage to the back of the guy’s bicycle.”
Bartlett said paying restitution to cover the cost of repairing the bicycle will be part of any resolution to the case.
Hicks’ attorney, J. Kevin Hayslett, said they were provided input ahead of the charging decision and believe they are appropriate.
“I think it was very important to us that he took responsibility for what he did,” Hayslett said.
He said McClave’s actions since his arrest, including participating in anger management counseling, and plans to plead guilty make Hicks comfortable with the charging decision.
“It was, based upon our understanding of the defendant’s past, an isolated incident,” Hayslett said. “We understand there were things that were taking place in his life, and we recognize the amount of therapy, counseling and penance that he has made to make amends for his actions that day.”
A trial seems unlikely. McClave’s attorney, Kym Rivellini, also expressed satisfaction with the charging decisions.
“I can’t speak on behalf of the State Attorney’s Office, but I can say that they took a lot of time to come to what they must feel is an appropriate decision,” Rivellini said. “Mr. McClave is very grateful to have an opportunity to resolve the case in this manner.”
Rivellini previously told the Times that McClave takes full responsibility for his actions and plans to apologize to Hicks when appropriate. She also said he was taking advantage of “all courses and resources to ensure that nothing of this nature ever occurs again.”
McClave was released from jail on the day of his arrest after posting $36,000 bond. The St. Pete Beach Fire Department in a statement at the time said he had been suspended without pay pending an investigation and a final determination about possible disciplinary action.
McClave, who was hired by the city in November, resigned from his post effective June 19. His annual salary at the time of his resignation was $104,153.14, according to the city.
His arraignment on the charges is set for Aug. 26.
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