By Julius Whigham II
Palm Beach Post
DELRAY BEACH, Fla. — A Delray Beach police officer is the subject of an internal investigation into allegations he had sex while on duty.
A woman filed a June 4 complaint alleging that officer Frank Umbriac had sex with her after he had threatened her with arrest, according to a memo from the Palm Beach County State Attorney’s Office made public Tuesday.
The state attorney’s office reviewed the case but declined to file charges, citing a lack of evidence to prove the case beyond a reasonable doubt, according to the Aug. 2 memo sent by the office to Delray Beach Police Chief Anthony Strianese.
The officer has been placed on administrative leave, Delray Beach police confirmed Tuesday. Police spokeswoman Sgt. Nicole Guerriero declined further comment.
According the state attorney’s memo, Umbriac went to the woman’s residence to investigate a noise complaint. The woman repeatedly told investigators her sexual contact with Umbriac was consensual but later said she would not have taken part had he not been a police officer threatening her with arrest, the memo said.
The woman, who was staying at the residence while on vacation, was impaired by alcohol and appeared to be under the influence of alcohol during her sworn statements to police officers several hours after the alleged encounter, the memo said.
According to the memo, Umbriac told Delray Beach police investigators that he only “fooled around” with the woman. He said she performed a sexual act on him, but that he did not do anything that would jeopardize his career.
DNA evidence was consistent with the claim that Umbriac engaged in sexual intercourse with the woman, the state attorney’s office memo said.
Copyright 2012 The Palm Beach Newspapers, Inc.