Robert E. Lee bust toppled in Fort Myers; police call it apparent act of vandalism

Police are investigating an apparent act of vandalism that removed the controversial bust of Confederate Gen. Robert E. Lee from its pedestal on Monroe Street in downtown Fort Myers.

"An unknown suspect or suspects loosened the bust from its pedestal on Monroe Street and knocked the monument to the ground," said Mitchell Haley, public information officer for Fort Myers police.

The bust of Lee's head and upper torso was found Tuesday morning lying on the ground in front of the pedestal where it has stood for the past half-century.  Screws were seen on the ground next to the bust.

The bust did not appear to be damaged. 

From 2018:Fort Myers City Council takes no action on Robert E. Lee monuments

From 2018:Supporters, foes of Robert E. Lee monument clash in downtown Fort Myers

The Lee bust has generated controversy in recent years, pitting those who view it as a symbol of racial hatred against those who consider it an important part of their Southern heritage.

Fort Myers police and members of the Sons of Confederate Veterans responded to the scene of the toppled monument.

The bust was placed in a vehicle by a member of the SCV and taken away.  

Robert Gates, commander of the Major William Footman Camp of the SCV, confirmed that the organization has possession of the bust, but refused comment on what the groups plans are, or whether they have any claim of legal ownership.

Haley, the Fort Myers police spokesman, said the presumed vandalism is under investigation and would not comment on whether any of the downtown surveillance video cameras recorded the removal of the bust.

Who has stewardship of the bust is a matter of dispute.

Fort Myers City Attorney Grant Alley issued an opinion last year stating that the bust was presented jointly to Lee County and Fort Myers at its dedication and the two government share ownership.

The bust was created and erected in the mid-1960s, after multiple fundraising drives conducted by the now-defunct Laetitia Ashmore Nutt Chapter of the United Daughters of the Confederacy.

The drive began in the early 20th century but those funds were donated to the effort to build  the first Lee Memorial Hospital. Another fundraising effort in the years leading up to World War II was also aborted in favor of funding the purchase of equipment to furnish the nursery at Lee Memorial.

After it had been cast in Italy, the bust was shipped to Fort Myers. A  campaign was launched to raise funds for a monument to display the bust on the median strip at First and Monroe streets.

The bust was dedicated in January, 1966, by the UDC to the citizens of Lee County and Fort Myers "to the honor and memory of that great Christian American Citizen who now belongs to the ages and for whom Lee County was named," according to a gift certificate presented at the dedication.

Lee, who lost his citizenship after the Civil War, was not a citizen when the monument was dedicated. His citizenship was restored in 1975.

Lee County rejects any ownership of the Lee monument, despite the opinion from Alley.

Lee County Attorney Richard Wesch said there is no indication in any commission minutes that the county ever accepted the gift of the monument or that it ever maintained the bust.

"The bust is not owned or controlled by the board," Wesch said in a memo to county commissioners.

The Board of County Commissioners did have possession and control of the bust for a while in 1965-66. After arriving in Fort Myers, it was stored in the Old County Courthouse, awaiting the successful drive to raise money to prepare a platform for the memorial. 

Police are researching whether the status of the bust as a monument could also lead to a felony charge, Haley said. 

Florida law puts vandalism in a category of crimes called criminal mischief. A first offense is a misdemeanor with escalating penalties tied to the value of the damage.

Repeat offenders, or those who damage religious structures or icons, can face felony charges.