The full arrest warrant against Cape Coral Patty Cummings reveals incriminating claims
The full arrest warrant obtained by The News-Press contains information that further incriminates a Cape Coral City Council member linked to election fraud.
Martin Kenney, an investigator with the Office of the State Attorney, 20th Judicial Circuit, signed off on the warrant charging Patty Cummings with three third-degree felonies after finding probable cause that Cummings violated three state statutes.
The affidavit for the arrest warrant further cements the idea that Cummings never lived in her district, that a fellow councilmember urged her to run and fielded questions about living in the district, and contains incriminating testimony from the homeowners of the address she used to run in the district.
Patty Cummings warrant for arrest
Cummings warrant, issued Monday, reads as follows:
On or about May 9, 2022, in Lee County, Florida, did unlawfully and knowingly make a false statement, knowingly conceal a material fact, or otherwise commit a fraud in an application for a driver license or identification card, contrary to Florida Statute 322.212(5)(a).
On or about June 14, 2022, in Lee County, Florida, did unlawfully and willfully swear or affirm falsely to an oath or affirmation in connection with or arising out of voting or elections, contrary to Florida Statute 104.011(1).
On or about November 18, 2022, in Lee County, Florida, did unlawfully and willfully swear or affirm falsely to an oath or affirmation in connection with or arising out of voting or elections, contrary to Florida Statute 104.011(1).
Previous Coverage Governor suspends Cape Coral city councilwoman days after arrest
Who is Patty Cummings? Governor DeSantis suspends Cape Coral City Councilwoman days after arrest. Who is Patty Cummings?
What prompted an investigation into election fraud?
The council voted in late June to forward an investigation to the state attorney into Cummings that found issues with her residential qualifications to run for District 4.
The city hired investigator Vicki L. Sproat, an attorney with Boy Agnew Potanovic Miller of Fort Myers, on March 24, and she submitted to the city a final report in June. The report found that Cummings was neither a full nor part-time resident of the district when she ran, won her seat, and was sworn in as an official.
Though comprehensive in its approach, the city's outside investigator did not have the power to compel testimony from select key individuals.
Councilmembers Dan Sheppard and Cummings did not participate in the investigation, and the property owners of the residences where Cummings claimed she lived did not respond to the investigator's inquiries.
Through the power of the State Attorney's Office, Kenney obtained testimony that filled those missing gaps.
Here's what we now know:
Cummings properties explained
The city charter requires candidates to reside in the district they wish to represent.
The section of "forfeiture of office" section read as “the Mayor or a Council member shall forfeit his or her office if he or she lacks at any time during the term of office any qualification for the office prescribed by this Charter or by applicable law.”
Cummings had admitted to being a part-time resident according to previous documents obtained by The News-Press.
Cummings had several address changes that were under scrutiny:
3537 Malagrotta Circle to 2842 SW 50th Terrace, on Nov. 23, 2021.
2842 SW 50th Terrace to 2425 Embers Parkway, on Oct. 25, 2022.
2425 Embers Parkway to 318 SE 21st, on March 20, 2023.
None of these addresses were listed as her primary residence when she filed to run for District 4.
Her candidate forms and driver's license put her as living at 3827 Palm Tree Blvd. in District 4.
District Four address exposed
In the documents, U.S. Postal Inspector Heidi R Lescault confirmed that Cummings had not submitted a U.S. Postal Service change of address form for mail delivery to 3827 Palm Tree Blvd.
The U.S. Postal Service only had records of mail being delivered to Jill and Robert Hiatt, the property owners of the Palm Tree address.
Records show that Cummings did, however, submit handwritten change of address forms for three other recent moves.
Additionally, reviews of documents from Lee County Electric Cooperative (LCEC) found that she had stopped and started service at her past four addresses but not at the Palm Tree address.
Jill and Robert Hiatt owned the home since moving to Florida in 2011 and no one else has lived in the home since they got it, the warrant states.
District 4 homeowner recounts renting 'room'
Jill Hiatt told the investigator she's known Cummings for three years as she was one of her clients at the AstroDurance Gym.
According to the documents, around February or March 2022, Cummings lamented that a property she intended to move to in District 4 fell through.
Jill Hiatt mentioned her home in District 4 and the Cummings requested her assistance to help her run for office.
They signed a handwritten document with terms and conditions allowing the home to be used by Cummings when the Hiatts were gone, which they were frequently, according to the documents.
"She stated that she did not retain any documentation regarding her allowing Cummings access to her home; that Cummings needed the documentation to prove residency to run for District 4," the documents state of Hiatt. "She had no expectations upon returning home that Cummings would become her new roommate or live in their home with them there."
Cummings had a key and access to the home from April 2022 until late August or early September 2022. On paper, she was renting a one-bedroom with a bathroom.
"I offered this as a temporary stop gap until she found a place, and then we had a hurricane," Jill Hiatt told the investigator.
Second homeowner denies knowing of agreement
Robert Hiatt said he was unaware of the deal until Jill Hiatt mentioned it on their vacation in September 2022.
"She does not exactly remember when she told him, but it was after the news story broke and their home was shown on the television news," the documents state. "She advised that her husband was not happy, and thought it was a bad idea."
He stated that he was not an associate of Cummings, that he had a campaign sign in his front yard, and that her election was not run from his home.
The couple could not confirm how many times she entered the home or if she slept there.
"Cummings was not living in his home when he has been at home; and that Cummings may have visited his home once, with (Aaron) Bathory, for approximately one hour," the documents state.
Her previous address was ruined by Hurricane Ian
Marvin Sealy, the owner of 2842 SW 50th Terrace, in District 2, said Cummings had been renting the home from November 2021 to October 2022.
Hurricane Ian struck the Gulf of Mexico coastline in Cape Coral on Sept. 28, 2022, with Category 5 winds. It destroyed properties, many of which are still under repair.
Sealy could not confirm if Cummings was a full-time tenant but said he met her a day or two after Hurricane Ian hit Cape Coral, where he confirmed that she was permitted to leave her lease a month early because the home was uninhabitable.
The lease listed Cummings, her fiance, and two sons.
Leslie Blaisdell, property manager for Milhoff-Aubuchon who managed the location for Sealy, said Cummings intended to move to 2425 Embers Parkway, in District 6.
Vitor DeOliveira, licensed public adjuster for All Claims Public Adjusters, said he visited Cummings to assist in her disaster claim.
A claim check that was certified by GEICO Insurance went to the Ember's property.
The owner of the Embers' property, Sandra Cassidy, said Cummings came to her after she couldn't find a place to rent after Hurricane Ian.
"She stated that she rented her property to Cummings for a term of six months; that she thought it was great having a councilmember rent her property and that Cummings did not renew the lease," the documents state.
Shen then made a subsequent move between March and April after complaints that she did not live in District 4.
"She stated that Cummings told her that there were complaints; that she was being politically targeted; and that Cummings felt the complaints were politically motivated," the documents state. "She advised that this was the first she knew of Cummings needing to live in a certain place."
Her family was also on the lease for the Embers property.
Fellow Councilmembers provide testimony
The State Attorney's Officer also interviewed Sheppard. He said he first met Cummings around 2015 when she inquired about running for City Council, and he encouraged her to run.
"She couldn't run because she didn't live in District 4, but she could change that because she was a renter, that she was not a homeowner, and that she was literally in the process of relocating," Sheppard stated in the documents. "So, she said she would think about running."
She reached out to him again in 2022 as she became more serious about running but questioned about eligibility.
"You 'can't just rent your new place and say you live in District 4 now?' " Sheppard recalls her saying.
Sheppard then went to then-City Attorney Dolores Menendez for answers, and she said someone can be a renter but needs to have their primary address in the district for which they are running.
He relayed the information to Cummings and that he did not know where she was living at the time of the hurricane.
"He stated he does not know anything about Cummings' Palm Tree Boulevard address; that he never visited Cummings at the Palm Tree Boulevard address; and that it would be wrong for Cummings to claim residence at an address where she did not live for the purpose of establishing residency in that district," the documents state.
He did visit Cummings' address at Embers Parkway after the hurricane, the warrant states.
"He agreed that he visited Cummings' Embers Parkway West residence after the hurricane; that if Cummings stated in her March 7, 2023, letter to the mayor she was a part-time resident of District 4, then the "game is over" and there is no argument," the documents stated.
Neighbors specify Cummings's residence
Kristopher Shreves and Elizabeth Hensley, neighbors of Cummings at her 2834 SW 50th Terrace address, said their family were full-time residents from October 2021 until the hurricane hit.
"They stated that shortly after Hurricane Ian, Cummings relocated to Orlando, and provided them a generator and food supplies; and that she subsequently took the generator back after returning from Orlando," the documents state. "They further stated that they knew Cummings was campaigning for City Council because she told them; and that her vehicles had magnetic campaign signs on their doors and a billboard size sign in the rear of the pickup truck."
Other neighbors in the area attest to seeing Cummings as a full-time resident at the 2834 SW 50th Terrace address.
Associates are unsure as well
Cape Coral resident Lorie Morgan told the investigator that she developed a friendship with Cummings after her father's passing in April 2022.
She had visited her home at 2842 SW 50th Terrace many times and said she was living there up until the hurricane.
"She stated that she showed Cummings potential homes in District 4, but Cummings never rented these properties; Cummings never lived in District 4 prior to Hurricane Ian," the documents state.
She confirmed that Cummings was running for office when she resided at Embers Parkway.
Morgan stated she knew Cummings was not living in District 4, according to the documents.
"Cummings confirmed that the city charter has a district residency requirement; that Cummings stated she had established residency; and that Cummings advised if she won the election she would permanently relocate into District 4," the documents state.
A volunteer for Cummings' campaign, Christopher Cammarota, said he knew she was living at 2842 SW 50th Terrace in District 2 and visited her at that home since June 2022.
"He stated that he may have picked up Cummings several times at 3827 Palm Tree Blvd.; that Cummings told him she had a place there; that he has never been in the home at 3827 Palm Tree Blvd.; and that he has never met or spoken with the owners," the documents state.
He said that Sheppard kept in contact with Cummings on a weekly basis and that he was aware of the District 2 address.
"He stated that prior to the hurricane, he was with Sheppard at the District 2 address at 2842 SW 50th Terrace residence," the documents state.
Luis Zambrano is a Watchdog/Cape Coral reporter for The News-Press and the Naples Daily News. You can reach Luis at Lzambrano@gannett.com. Follow him on Twitter @Lz2official.
This article originally appeared on Fort Myers News-Press: Arrest warrant against Cape Coral Councilmember explained
