By Tony Marrero
Tampa Bay Times
ST. PETE BEACH, Fla. — The St. Pete Beach district fire chief who was arrested in May after he was accused of veering his pickup into a cyclist and pushing him has resigned.
Thomas P. McClave Jr . submitted a letter last month resigning his position effective June 19. The Tampa Bay Times obtained the letter Wednesday through a records request filed last week.
“I want to thank you for the opportunity to work for you and the men and women of St Pete Beach Fire; it was truly an honor to be a part of the organization and the City of St Pete Beach,” McClave wrote in the letter to city Fire Chief Jim Kilpatrick. “I wish you all the best in the future.”
McClave, who was hired by the city in November, had been placed on unpaid administrative leave after his arrest on May 23 on charges of aggravated assault and simple battery hours after the encounter with the cyclist on Gulf Boulevard in Redington Shores.
A disciplinary notice released to the Times on Wednesday shows that McClave was notified after his arrest that the city was investigating possible violations of city rules governing “employee personal conduct” and “on or off duty conduct which adversely affects the employee’s ability to perform his duties...” The notice said he faced disciplinary action up to termination.
Prosecutors have not yet formally filed charges in the case. McClave has pleaded not guilty. Court records show that deputies on June 23 also issued McClave a citation for leaving the scene of a crash involving property damage.
A message left for prosecutors at the Pinellas-Pasco State Attorney’s Office was not returned Wednesday.
“Tom thought is was appropriate to take a step back at the moment to avail himself of all courses and resources to ensure that nothing of this nature ever occurs again,” Kym Rivellini, McClave’s defense attorney, told the Times on Wednesday about his resignation. “He takes full responsibility for his actions. He has had a stellar career and has served as a valuable first responder and hopes that his talents and services will be welcomed in the future.”
A spokesperson for the city of St. Pete Beach said the city had no comment.
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 an arrest report 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.
A news release issued by the Pinellas County Sheriff’s Office the day after the incident said that McClave intentionally drove onto the median “almost striking Hicks, who had to swerve out of the way.”
But an arrest affidavit 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 affidavit, McClave “was involved in a verbal dispute” with Hicks.
J. Kevin Hayslett, an attorney representing Hicks, said his client “appreciates Mr. McClave taking responsibility.”
”Mr. McClave’s actions that day were shocking and devastating to my client,” Hayslett said. “We trust the State Attorney’s Office to file the appropriate criminal charges for his actions, charges that are consistent with his actions that day. No member of the public should have to endure what Mr. Hicks did.”
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, which is shot from the driver’s seat of the witness’s vehicle, shows McClave getting out of his truck and pushing Hicks as he is standing in the turn lane and holding his phone. The two men are then briefly obscured by a door pillar of the witness’s vehicle.
The witness recording the video can be heard saying to McClave, “Dude, you’re toast.” McClave waves at the witness and says, “Thank you, no big deal” and gets back in his truck.
The next day, Judge Elizabeth Zuroweste told McClave during his first court appearance that she was surprised the sheriff’s office did not charge McClave with aggravated battery “when the allegations are that you actually hit the person versus just tried to hit the person and missed,” according to a clip included in a story published by WFTS-TV.
McClave was released from jail later that day after posting $36,000 bond. The St. Pete Beach Fire Department in a statement at the time of his arrest said he had been suspended without pay “pending an investigation and final determination of possible disciplinary action.”
“It should be noted that the accused actions of Chief McClave do not represent the men and women of the St. Pete Beach Fire Department who provide exceptional fire and EMS services to the residents and visitors of Pinellas County,” the city said in a news release issued at the time.
McClave began his fire service career as a volunteer firefighter for Indian Rocks Beach Fire Department until becoming a firefighter with Seminole Fire Rescue, according to a Facebook post from St. Pete Beach Fire Rescue announcing his hiring in November. He retired from Seminole Fire Rescue as a lieutenant/acting district fire chief in 2018 before joining the Madeira Beach Fire Department, where he held the rank of lieutenant/department training officer.
In Florida, a bicycle is legally defined as a vehicle and has all of the privileges, rights and responsibilities on public roads, except for expressways, that a motor vehicle operator does, according to the Florida Department of Highway Safety and Motor Vehicles.
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