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Circuit & County Court
Category archives for: Circuit & County Court

James McDevitt Pleads Not Guilty in Flagler Beach Rape Allegation and Gets Public Defender

| August 1, 2013

James McDevitt, the 21-year-old Palm Coast resident accused of raping a 38-year-old woman in an empty lot on South 12th Street in Flagler Beach on June 18, pleaded not guilty to the first-degree felony charge in a brief appearance before Flagler County Circuit Court Judge J. David Walsh. He was assigned assistant public defender Bill Partington.

Middle School Boy Invokes Stand Your Ground in School Bus Fight With Girl, and Court Agrees

| July 17, 2013

Showing the breadth of Florida’s “stand your ground” law, an appeals court Wednesday said the controversial legal defense can be used by a boy involved in a fight with a girl on a school bus. No weapons were involved. The boy making the stand your ground claim was arrested on a battery charge.

Anxieties Over Profiling and Vigilantism as Bunnell Marchers Protest Zimmerman Verdict

| July 15, 2013

Fewer than two dozen people gathered on South Bacher Street in Bunnell Sunday afternoon for a protest march following the not-guilty verdict in the George Zimmerman trial. The group turned its gathering march into an impromptu town hall on the trial, its meaning and its implications for blacks, whites and gun laws.

Jaquez Roland Is Sentenced to 40 Years in Prison for Sharps Liquor Zip-Tie Robbery

| July 12, 2013

Flagler County Judge Melissa Moore-Stens sentenced Jacquez Roland of Palm Coast to 40 years in prison without parole Friday, the harshest possible sentence he faced after being found guilty of armed robbery, grand theft and false imprisonment at the end of a four-day trial on May 23.

The Zimmerman Trial and Kathleen Parker’s Courtroom Camera Ban

| July 10, 2013

After watching the Zimmerman murder trial, Kathleen Parker concludes that it’s time to ban television cameras from courtrooms again, though not any other type of media. She’s wrong: the distortions of cameras on justice are not nearly as dangerous as the distortions of masked justice.

A Belatedly Apologetic Paul Miller, 66, Is Sentenced to Life in Prison Without Parole

| June 18, 2013

Paul Miller was sentenced to life in prison without parole for the March 2012 murder of his neighbor Dana Mulhall, ending a 15-month saga that had stunned Flagler Beach and Flagler County for the brazenness of the murder and Miller’s demeanor since.

Grand Jury Charges Erick Niemi With 1st Degree Murder in Leonard Lynn Murder

| June 18, 2013

Niemi was charged with second degree murder when the Flagler County Sheriff booked him on June 2 in the May 29 murder of Leonard Lynn, 76, on Ryken Lane in Palm Coast. The stronger charge makes Niemy, 42, eligible for the death penalty, if he is convicted.

Florida Appeal Court Approves Weekly Check-Ins for Homeless Sex Offenders

| June 10, 2013

In a case that may have ramifications beyond the Florida Panhandle, where it originated, a state appeals court Monday approved a Bay County Sheriff’s Office policy that requires homeless registered sex offenders to report by 10 a.m. each Monday about where, through a detailed log, they expect to spend the next seven nights.

Watch Live: George Zimmerman Trial

| June 10, 2013

Live gavel-to-gavel coverage of the George Zimmerman on a charge of second-degree murder of Trayvon Martin. We have the NBC and WFTV news feeds.

Argument and Death Threat Preceded Store Clerk’s Murder By a Week, Lawsuit Alleges

| June 6, 2013

A lawsuit filed Wednesday on behalf of Zuheili Roman Rosado, the store clerk murdered at the Palm Coast Mobil convenience store in February, alleges that the gas station owner had witnessed an argument at the store between Rosado and a man who threatened to kill her, a week before the murder. The suit seeks compensatory damages from the gas station owner over claims of negligence and fraud.

Paul Miller Is Found Guilty of Murdering Dana Mulhall; He Faces Life in Prison

| May 24, 2013

Paul Miller was found guilty of second degree murder in a quick verdict by a jury Friday afternoon. He faces a minimum of 25 years in prison, essentially meaning that the 66-year-old Miller will never walk free again.

Jury Deciding Whether Miller Killed Mulhall Out of Vengeance and Hate or Self-Defense

| May 24, 2013

Jury deliberations began this morning after prosecution and defense made closing arguments in Paul Miller’s murder trial, portraying Miller either as a vengeful, angry and hateful man or an unsophisticated old man fearing for his life, and acting in self-defense.

Jaquez Roland, Found Guilty on All Charges In Sharps Liquor Robbery, Faces 30 Years

| May 23, 2013

Jaquez Roland, who’d served 10 years in prison for armed burglary, will serve at least another 30 as he was found guilty Thursday of three charges, including armed robbery and false imprisonment, stemming from the Sharps Liquor robbery in Palm Coast in October 2011, one of three robberies implicating Roland. His victim cried with relief as the verdict was read.

Defense Rests in Miller Murder Trial After Laying Down Further Markers of Self-Defense

| May 23, 2013

Paul Miller’s defense team rested its case just past noon today, but closing arguments will take place Friday morning. Only then will the jury deliberate. A verdict is likely sometime Friday.

Taking Stand in His Defense in Murder Trial, Miller Projects More Surliness Than Sympathy

| May 22, 2013

If it was sympathy that Paul Miller was trying to elicit from the jury Wednesday afternoon, his nearly two-hour performance was not a model. He may have hurt his case more than he helped it when he elected to take the stand in his defense in his trial for the killing of Dana Mulhall in March 2012.

Miller Trial Turns to 5 Bullets’ Paths, Mulhall’s Last Moments–and Blood-Alcohol (0.188)

| May 22, 2013

Paul Miller, accused of murdering Dana Mulhall, looked away or closed his eyes for the first time in the now-three-day-old trial as images of the bloodied and shot Dana Mulhall were placed on an easel for the jury to see and the prosecution to analyze with witnesses Wednesday morning. The defense takes up its case in the afternoon.

Miller Trial: As Shooter’s Shows of Affection Are Restricted, Prosecution Draws Victim’s Portrait

| May 21, 2013

The prosecution concluded its first full day in the murder trial of Paul Miller Tuesday by painting a portrait of Dana Mulhall, the victim in the March 2012 shooting in Flagler Beach, as a non-confrontational creature of habit who liked his Miller Lites, his friends and his lottery tickets. The defense laid low.

Miller Killed Mulhall “With Depraved Indifference, With Ill Will, Hate, Spite,” Prosecution Argues

| May 21, 2013

In the second day of Paul Miller’s trial (Monday was devoted to jury selection) the prosecution was piecing together a picture of a shooting no witness actually saw, but that several witnesses described in sounds and sights before, during and after the shots that claimed the life of Dana Mulhall on March 14, 2012 in Flagler Beach.

As Jury Is Seated in Paul Miller Murder Trial, Questions About Guns Weed Out Prospects

| May 20, 2013

The most anticipated trial of the year—of Paul Miller, the 66-year-old Flagler Beach man accused of murdering his neighbor Dana Mulhall last year during an argument over Miller’s barking dogs—began Monday with jury selection, which by day’s end had seated an all-white jury of three men and three women, plus three alternates (a woman and two men, one of them black).

Will Gerald Hofer, Feared School Attacker in December, Is Sentenced to Probation

| May 20, 2013

Will Gerald Hofer, the 20-year-old who led police on a daylong chase in December over fears that he might attack a local school, was sentenced to three years’ probation Monday morning, with possibility of early probation termination. He was freed after spending five months in jail.

Juvenile Detention Cost-Shifting Arguments in Appeals Court, With Implications for Counties

| May 15, 2013

Counties argue they currently pick up 75 percent of some juvenile detention costs, but should be paying less. The state claims in in court filings that the Legislature actually intended for the counties to cover 89 percent of the costs.Either way, local governments are groaning under the burden.

Judge Rejects Teachers’ Challenge to Law Tying Pay and Evaluations to Student Performance

| May 3, 2013

A group of teachers, backed by the Florida Education Association, contended in the challenge that the law violated constitutionally guaranteed collective-bargaining rights and that lawmakers had given too much decision-making authority to the state Board of Education.

Paul Miller’s Stand-Your-Ground Trial Over Dana Mulhall Killing Set for May 20

| May 1, 2013

Paul Miller’s trial will be the first Stand Your Ground case in Flagler County since the controversial law was enacted in 2005. The trial before Circuit Court Judge J. David Walsh may take two weeks.

Angela Wray Collapses as She Is Sentenced to 3 Years in Prison Over Defrauding Celico of $60K

| April 29, 2013

Angela Wray was sentenced to three years in state prison and 15 years’ probation Monday afternoon, and required to repay the nearly $60,000 she embezzled from Celico Auto Body shop in Bunnell during the years she worked for Carlo Celico, a crime she maintained she never committed, blaming Celico instead.

Bizarre Story Aside, Aaron Kinney, Gas Station Robber, Is Sentenced to 9 Years in Prison

| April 29, 2013

Aaaron Kinney of Palm Coast was sentenced to nine years in prison for the three gas-station robberies he committed in Palm Coast last July, supposedly because a man he owed money to made him do it while threatening to do harm to Kinney and his mother. Judge J. David Walsh did not believe Kinney’s story.

From Truancy to Criminal Charge: Flagler Schools Take Parent to Court Over Child’s Absences

| April 17, 2013

When Andre Darby failed to enroll his son at Rymfire Elementary or show proof that he was being homeschooled, the Flagler school district turned the case over to the state attorney for prosecution, an extreme example of cases when parents violate Florida’s truancy laws. Darby faces a second-degree misdemeanor charge, which may end in a plea before Circuit Judge J. David Walsh Thursday.

Jamesine Fischer Is Sentenced to 25 Months in Prison for Hit-and-Run Death of Pecqueur

| April 10, 2013

Jamesine Fischer, the 56-year-old wife of Flagler School Board member John Fischer, will serve at least 21 months in a Florida state prison following her sentencing Wednesday for the hit-and-run death of Francoise Pecqueur, 76, in Palm Coast in November 2011.

Jury in 12 Minutes Convicts Angela Wray of Embezzling Celico Auto; She Faces 30 Years

| March 28, 2013

Wray faces up to 30 years in prison for embezzling $58,964 from Celico Auto Body, where she worked as a bookkeeper from June 2007 to February 2010. Wray before the trial had turned down a plea deal that would have had her serve five years in prison, with probation afterward.

On Trial for Embezzling Celico Auto, Angela Wray’s Defense Tries Shifting Blame

| March 27, 2013

Angela Wray, who is married to a Flagler County Sheriff’s deputy, is accused of embezzling almost $60,000 from 2007 to 2010 from Celico Auto in Bunnell, much the same way she did in New Jersey, where she was convicted of a felony.

Michael Cona Found Not Guilty in Hancock Bank Robbery

| March 27, 2013

Michael Cona was facing an armed robbery charge for the 2011 Hancock Bank robbery at Palm Harbor in Palm Coast. His brother Shawn pleaded no contest and served a year in jail on a similar charge.

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