Joao Fernandes adamantly asked for a trial for his hit-and-run charge. He’d been willing to serve a single year on probation–an admission of guilt for his hit and run that left a 25-year-old motorcyclist a heap of broken bones–but nothing more. His attorney, Brian Penney, seemed as convinced as his client. Fernandes turned down an offer of serving one year in prison. Circuit Judge Dawn Nichols told them their idea of a settlement was “offensive to the state.”
Circuit & County Court
Judge Dresses Down Ex-Palm Coast Physician John Cascone Over Probation Violation
Circuit Judge Dawn Nichols on Tuesday sharply rebuked John Cascone, the surgeon formerly of Palm Coast, after he pleaded to violating his probation less than a year after he was sentenced. The judge did not impose new penalties beyond reinstituting probation, which runs until June 2026.
Deputy’s Son Jayden Jackson, 23, Sentenced to 5 Years in Prison for Hit-and-Run Death of Shaunta Cain
Jayden Jackson, the 23-year-old resident of Daytona North facing a first-degree felony hit-and-run charge in the death of Shaunta Cain, 54, on U.S. 1 almost three years ago, was sentenced to five years in state prison followed by five years on probation, plus restitution and other requirements. Jackson is the son of Brian Jackson, a long-time deputy with the Flagler County Sheriff’s Office.
Florida Supreme Court Disciplines A Dozen Lawyers for Misconduct
A dozen lawyers were recently disciplined by the Florida Supreme Court for various levels of misconduct in their practice. Some of the more profound cases of lawyer misconduct included the case of Barry Robert Gainsburg of Coral Springs. He was ordered by the high court to undergo disciplinary revocation with leave to seek readmission after five years following a May 15 court order.
Answering Lawsuit, Palm Coast Accuses Mayor Norris of Frivolously Weaponizing Court Against Gambaro’s Legitimacy
Palm Coast has mordantly and vigorously answered Mayor Mike Norris’s claim that Charles Gambaro should be booted off the council and a special election held to replace him. Attorney Rachael Crews, who represents the city, is giving Circuit Judge Chris France a buffet of arguments to find Norris’ claim “frivolous,” falsely urgent, legally groundless, injurious to the city charter, and not least, without standing. Norris sued Palm Coast and Gambaro on May 5, claiming that Gambaro’s appointment last fall should have ended in November.
Judge Lauren Blocker’s Elevation and Judge Stasia Warren’s Retirement Open 2 More Seats on 7th Circuit Bench
With the retirement of Circuit Judge Stacia Warren and the elevation to Circuit Court of County Judge Lauren Blocker, the Judicial Nominating Commission for the circuit will conduct a new round of interviews for candidates looking to fill the two vacancies. Applications are due by June 23.
Court Sets Arguments for July 3 on Legitimacy of Charles Gambaro’s Palm Coast Council Seat
A July 3 hearing is set before Flagler County Circuit Judge Chris France to determine the validity of Palm Coast Mayor Norris’s lawsuit claiming that Council member Charles Gambaro was appointed to fill out a two-year term last October in violation of the city charter. Norris contends the council should have held a special election for the District 4 seat, and Gambaro should not have continued past Election Day in November.
Broward County Circuit Judge Gary Farmer Indefinitely Suspended Over ‘Pervasive’ Behavior Unfit for the Bench
The Florida Supreme Court on Wednesday indefinitely suspended Broward County Circuit Judge Gary Farmer, a former Senate Democratic leader, after an investigative panel accused him of “pervasive and extensive” behavior demonstrating “unfitness to hold office.” Farmer was elected as a judge in Broward County’s 17th Judicial Circuit in 2022 after six years in the Florida Senate. He served as minority leader during the 2021 legislative session but was ousted after a vote of no confidence by fellow Democrats.
County Judge Lauren Peffer Faces Charges Over Fabricated Phone Call
A judicial panel filed a “notice of formal charges” against Broward County Judge Lauren Peffer, who used a deepfake phone call, fabricated with artificial intelligence, to claim that the judiciary was in crisis. She did not verify the recording before using it during her campaign.
Mayor Mike Norris’s Lawsuit Against Palm Coast Has Merit. And Limits.
It is one of the mocking ironies of the Palm Coast reality show known as America’s Next Top Mayor that the same man found to have violated the city charter is now invoking it to boot fellow Councilman Charles Gambaro off the island. Yet the lawsuit Norris filed against the city this week, arguing that the council violated the charter when it appointed Gambaro last October, has merit. The strict wording of the charter, poorly written though it is, is on Norris’s side. But a less fundamentalist interpretation of the charter is not.
Judge Gary Farmer, ‘Discriminatory, Offensive, Sexually Charged, and Demeaning,’ Fights Suspension
Arguing he has “learned his lesson,” Broward County Circuit Judge Gary Farmer, a former Senate Democratic leader, this week urged the Florida Supreme Court to reject a recommendation that he be immediately suspended after an investigative panel accused him of “pervasive and extensive” behavior demonstrating “unfitness to hold office.” Farmer was elected as a judge in Broward County’s 17th Judicial Circuit in 2022 after six years in the Senate. He served as Senate minority leader during the 2021 legislative session but was ousted after a vote of no confidence by fellow Democrats.
3-Judge Panel of Fifth District Court of Appeal Hears Arguments at Flagler County Courthouse for 1st Time
For the first time in recent memory, and perhaps ever, a panel of the Fifth District Court of Appeal held oral arguments at the Flagler County courthouse this morning, hearing three cases, none local. One of the three cases centered on the meaning of theft, and whether a defendant had in fact committed a crime–grand theft–when she diverted business from her employer, even though she did not steal products.
Palm Coast Mayor Norris Sues Palm Coast, Seeking Councilman Gambaro Booted and Special Election Held
Palm Coast Mayor Mike Norris today filed an emergency suit against Palm Coast government and Council member Charles Gambaro, charging that Gambaro’s appointment last fall violated the charter. The suit seeks to have Gambaro removed through “a judgment of ouster” and a special election declared for the District 4 seat. Norris has been claiming that Gambaro’s appointment was illegal since soon after he was sworn-in late last November. The lawsuit was filed days after Gambaro made an unsuccessful motion for the council to ask Gov. Ron DeSantis to remove Norris from the council.
How Probation Fuels Mass Incarceration
On any given day, 1.9 million people are incarcerated in more than 6,000 federal, state and local facilities. Another 3.7 million remain under what scholars call “correctional control” through probation or parole supervision. That means one out of every 60 Americans is entangled in the system — one of the highest rates globally. Yet despite its vast reach, the criminal justice system often fails at its most basic goal: preventing people from being rearrested, reconvicted or reincarcerated.
Brendan Depa Appeal: Court Abused Its Discretion By Imposing State Prison Instead of Juvenile Sanctions
The long-expected appeal in the case of Brendan Depa argues that Circuit Judge Terence Perkins abused the court’s discretion last summer when he imposed a five-year, adult prison sentence and 15 years of probation rather than what would have amounted to two years in a juvenile prison. Depa, who will be 20 in August, was a 17-year-old Matanzas High School special education student when he attacked then-teacher aide Joan Naydich after he got angry for being disciplined over the use of a Nintendo game. Surveillance video of the attack circulated around the globe, turbocharging the case’s visibility.
No Plea Offers in Jermaine Williams’s Death-Penalty Trial for Murder of His Wife, Yolonda Williams, in Bunnell
The death penalty case against Jermaine Williams, the 52-year-old Bunnell resident accused of stabbing his 50-year-old wife Yolonda Williams in the couple’s South Pine Street driveway last August, will not be tried until fall or perhaps next year, Assistant State Attorney Jason Lewis told the court today. The defense told the court that numerous depositions have been conducted, and numerous depositions still remain. The prosecution and the defense have not discussed a plea. That remains a possibility, though anything less than life in prison is unlikely.
Florida Sues Snapchat, Alleging Social Media Platform Is Not Blocking Minors
Florida Attorney General James Uthmeier has filed a lawsuit alleging that the operator of Snapchat is violating a high-profile 2024 law aimed at keeping children off some social-media platforms. The lawsuit, filed Monday in Santa Rosa County circuit court, came after a federal judge last month rejected a request by tech-industry groups for an injunction to block the law. In a federal-court filing Monday, attorneys for the state said Uthmeier “expects that additional investigations and enforcement actions will commence soon.”
Cop’s Son Pleads to Hit-and-Run Death of Shaunta Cain and Could Face Little or No Prison
Jayden Jackson, 22, pleaded today to the hit-and-run death of Shaunta Cain, 51, in November 2022 on U.S. 1. When he is sentenced in May, he could also end up being sentenced as a youthful offender, and if the prosecution fails to prove that alcohol was involved in the crash, he could face less than four years in prison and possibly to no prison time at all, but a combination of house arrest and probation.
Michael Jennelle, 53, Is Sentenced to ‘Lifetime in Prison for the Lifetime of Memories He’s Left Us’
Michael Jennelle, the 53-year-old former resident of Palm Coast convicted in a March trial on seven counts of raping and molesting his granddaughter over several years, when she was between 7 and 9, was sentenced to life in prison today. One of his two victims described it as “his lifetime in prison for the lifetime of our memories that he’s left us.”
Brendan Depa Appeal Again Delayed as Court Warns No Further Extensions Will Be Granted
The Fifth District Court of Appeal is tiring of lawyers requesting extensions to file the appeal of a Flagler County judge’s decision last August to sentence former Matanzas High School student Brendan Depa to five years in prison for his brutal attack on a teacher aide in 2023. The appeal court has granted three extensions so far, the third one granted on April 4 with a caution against further requests for delays.
Flagler Cop’s Son in Hit-and-Run Death on U.S. 1 Rejects 4-Year Prison Deal and Risks Worse
Jayden Jackson, the 22-year-old son of a Flagler County Sheriff’s deputy, had played down his responsibility when he struck and killed Shaunta D. Cain, 51, with his car as he drove north on U.S. 1 in November 2022. Today, Jackson rejected a plea deal of four years in prison followed by probation. His attorney, Josh Davis, told Circuit Judge Dawn Nichols that Jackson will submit to an open plea when he is sentenced next week, risking significantly more than four years in prison.
15 Years in Prison for CJ Nelson Jr. in Shooting Death of 18-Month-Old Niece Ja’Liyah Allen
C.J. Nelson, the 24-year-old Palm Coast resident whose reckless gunplay caused the shooting death of his 18-month-old niece at a Ranwood Lane house in September 2023, was sentenced to 15 years in prison. Family members and friends of Ja’Liyah Allen, the victim, and of Nelson–all members of the same family–filled several pews in the gallery.
Stephanie Raimundo, 48, Sentenced to 16 Years in Prison for Death of Calvin Stull as Mother Grieves
Stephanie Raimundo, the 48-year-old Palm Coast woman facing a combined 150 years in prison on 11 felony charges, including manslaughter in the drug-overdose death of 21-year-old Calvin Stull in January 2023, was sentenced to 16 years in prison. Stull’s mother addressed the court and Raimundo.
Derrius Bauer, in a Shift, Agrees to Plea and 15 Years Instead of Life in Prison for Circle K Murder
Two days after he declined yet again to risk life in prison if convicted at trial, Derrius Bauer, 30, this morning signed a plea agreement and was sentenced to 15 years, a term that between time already served and gain time ahead, may have him out of prison when he’s 38. For the court, prosecutors and the Flagler County Sheriff’s detectives who cracked the case, the plea ends the longest and most expensive investigation in the Sheriff’s Office’s history.
30 Years in Prison for Tyrese Patterson in Killing of Noah Smith In Last of Lives Lost Over ‘Stupid, Senseless Act’
Circuit Judge Dawn Nichols’s 30-year prison sentence for Tyrese Patterson closes the book on four cases that sent four young men to prison for long terms, one of them for life, over what the judge described as the “stupid, senseless” behavior that led to the killing of 16-year-old Noah Smith in a shootout in Bunnell in January 2022.
22-Year-Old J.T. Horovsky Sentenced to 5 Years in Prison and 10 on Probation for Molesting Child
When he was arrested last September, Joseph Thomas Horovsky, who turned 22 last week, faced life in prison if convicted on two charges of molesting a family member younger than 12 for several years. He pleaded last month, and this afternoon, walking into court a free man one last time, he was sentenced to five years in prison, followed by 10 years on probation. He will be designated a sex offender for life.
‘I’m Done,’ Judge Tells Derrius Bauer in Final Attempt to Win Plea; He’d Rather Risk Life in Prison
Circuit Judge Dawn Nichols attempted again to convince Derrius Bauer, 30, to take a plea deal that would have him out of prison in eight and a half years rather than risk life in prison if convicted on a murder charge, as was his friend Marcus Chamblin last year in the same courtroom. Bauer was adamant against a plea. Trial will be set for late summer or early fall.
New But Familiar Attorney Files for Re-Hearing in Latest Old Dixie Motel Case Twist
Flagler Beach attorney Dennis Bayer is now representing the owners of the dilapidated Old Dixe motel, which Flagler County government has been seeking to have either rehabilitated or demolished. The county was very close to winning an order that would have pushed the building into foreclosure when Bayer stepped in and asked for a re-hearing.
Florida Attorney General Threatens Removal of City Council Members Who Blocked Cooperation with ICE
Attorney General James Uthmeier is threatening three Fort Myers city council members with removal from office after they refused Monday to deputize police officers to participate in immigration enforcement. Uthmeier, who became the attorney general a month ago, warned the council that Gov. Ron DeSantis could remove them from office if they didn’t allow the city police to question people about their immigration status and detain those subject to deportation.
In Startling Stand-Your-Ground Ruling, Judge Nichols Dismisses Charges Against Man Accused in Violent Attack at Circle K
In a stand your ground ruling that startled law enforcement and the State Attorney’s Office, Circuit Judge Dawn Nichols on Monday dismisses felony charges against 23-year-old Hunter Detherow, who was facing five to 20 years in prison for a fight at the Palm Harbor Circle K a year ago that left one man with four broken ribs and another with stab wounds, a collapsed lung and a black eye. Detherow, a former Marine, was not injured. The two men were twice his age, though one of them was nearly twice his weight.
Michael Jennelle, 53, Guilty on All Charges of Raping Granddaughter; He Faces Life in Prison
At the end of a three-day trial and just 75 minutes of deliberations this afternoon, a jury found Michael Jennelle, 53, guilty on seven counts of raping and molesting his granddaughter when she was between 7 and 10, and whom he had adopted as his daughter. He faces life in prison when he is sentenced at a later date.
12-Year-Old Testifies of Years of Sexual Abuse at Grandfather ‘Mike’ Jennelle’s Hands; He’ll Take Stand in His Own Defense
When Michael Jennelle takes the stand Wednesday, as he said he would, in his defense against charges that he raped and molested his pre-teen granddaughter for years, he will have to overcome the nearly flawless, withering day Assistant State Attorney Melissa Clark marshaled against him today, leaving the defense flailing. It will take a lot more than “I didn’t do it” for Jennelle (as he told the judge in December) to convince the jury of his innocence.
Foreclosure Ahead: Judge Orfinger Maps Way for Flagler County Against Old Dixie Motel Owners
Senior Judge Rick Orfinger today directed the attorney representing Flagler County to draft an order that would grant the county’s motion for a final judgment in its favor nearly four years after an obscure partnership bought the property, made a string of empty promises to rebuild it, flouted a court order to put up a bond and ran up $115,000 in contempt fines.
Jennelle’s Defense, Implying a Monstrous Conspiracy, Terms Charges of Child Rape the Fabrications of a Jilted Wife
In brief opening arguments in the trial of Michael Jennelle, 53, who faces life in prison if convicted, the prosecution told the jury that Jennelle started sexually abusing his granddaughter when she was 7 and continued to do so until she was about 10. The defense said it was a fabrication between the granddaughter and her grandmother at a time when Jennelle was divorcing her. The trial is expected to take most of the week.
Flagler Beach Officers Under Investigation as Wrongful Charge of Man Outside Funky Pelican Is Quickly Dropped and City Bristles
Flagler Beach Police Chief Matt Doughney has requested an internal affairs investigation of the two officers who arrested a man on a trespassing charge simply for holding a sign outside the Funky Pelican restaurant at the pier, and City Manager Dale Martin has ordered that all city employees receive training in respecting citizen’s rights. The arrest caught public attention and provoked outrage. The State Attorney’s office on Thursday dropped the felony charge of armed trespassing against Gray. The city expects a lawsuit.
Isaiah Warren, 26, Sentenced to 4.5 Years in Prison for DUI Crash That Severely Injured Flagler Beach Man
Circuit Judge Dawn Nichols on Wednesday sentenced Isaiah Macario Warren, 26, to four and a half years in prison for the drunk driving crash in Flagler Beach last April that severely injured Brian Tiller, a 45-year-old resident of the city. Warren faced two third-degree felonies–for drunk driving causing serious bodily injury and for tampering with evidence, resulting from his attempt to hide the fact that he’d been drinking in the car, and he faced a maximum of 11 years in prison.
Commission Sends 7 Names to Gov. DeSantis for Appointment to 2 Judgeships in 7th Judicial Circuit; Case Is Chief Judge Again
The Seventh Judicial Circuit’s Nominating Commission today sent seven names to Gov. Ron DeSantis in a pair of short lists of candidates for a Volusia County Court appointment and a Circuit Court appointment. The Seventh Judicial Circuit includes Flagler, Volusia, St. Johns and Putnam counties. Circuit Court judges theoretically may be assigned to a bench in any of the four counties at any point during their service. Also today, the court announced that the 43 judges in the circuit have re-elected their colleague, Circuit Judge Leah R. Case, to another term as chief judge.
Orange County Judge Martha Adams May Face Reprimand
The state Judicial Qualifications Commission recommended a reprimand for Judge Martha Adams after an investigation into comments she made about the State Attorney’s Office in the 9th Judicial Circuit, which is made up of Orange and Osceola counties.
Christopher Caschera, 26, Sentenced to 5 Years in Prison and 10 on Probation for CSAM Possession
Christopher Carlo Caschera, a 26-year-old resident of Pittman Drive who’d interned in Palm Coast government and was employed as an environmental specialist for DeLand government, was sentenced to five years in prison followed by 10 years of sex-offender probation and a lifetime designation as a sex offender. The sentence results from a plea and conviction on 15 counts of possessing child sexual abuse material.
No, You May Not Discipline a Teacher for Personal Facebook Posts, Court Rules
A Florida appeals court Friday sided with a now-retired Duval County math teacher who argued his speech rights were violated when he was disciplined for personal Facebook posts. A three-judge panel of the 5th District Court of Appeal overturned a decision by the Duval County School Board to suspend Thomas Caggiano without pay for three days and to issue a reprimand.
Flagler School Board Quietly Settled with Ex-Attorney Kristy Gavin for $160,000, and with Paul Peacock for $100,000
The Flagler County School Board, operating almost entirely out of the public eye, settled disputes and lawsuits with former Board Attorney Kristy Gavin last July for $160,000, with former principal Paul Peacock in October for $100,000, and with former Exceptional Student Education director Martha von Mering in October for $19,500. The School Board at no point openly discussed any of the three cases.
DeSantis Signs 9th Death Warrant: Edward James, for 1993 Murders in Seminole County
Gov. Ron DeSantis on Tuesday signed a death warrant for inmate Edward James, who was sentenced to death in the 1993 murders of a woman and her 8-year-old granddaughter in Seminole County. The death warrant came five days after the state put to death James Ford in the 1997 murders of a couple in Charlotte County.
Judge Denies Bond ‘Across the Board’ to Kristopher Henriqson, Who Faces Capital Felony Over Girl’s ‘Reprehensible’ Abuse
Kristopher Henriqson, 47, of Palm Coast, will remain in jail, a judge ruled today, pending the disposition of the charges against him, including a capital rape charge stemming from three years of alleged sexual abuse of his step-daughter when she was between 9 and 12. He had sought to lower his bond. Instead, it was entirely revoked.
Jury Finds Stephen Monroe, 26, Guilty of Murder in Killing of Noah Smith, 16, and Is Sentenced to Life in Prison
It took less than 20 minutes for a 12-member jury to find Stephen Monroe guilty as charged, just before noon today: first degree murder for the killing of 16-year-old Noah Smith on a Bunnell street in January 2022. It was not a surprise.
In Murder Trial, Stephen Monroe Takes Stand in His Own Defense Only to Face an Inquisition Into His Rap of Lies
Stephen Monroe gambled today and testified in his own defense in his jury trial on a charge of murdering 16-year-old Noah Smith in Bunnell three years ago. He did so by going up against Assistant State Attorney Jason Lewis, a merciless cross-examiner who had Monroe grimacing, snorting, eye-rolling, huffing, gesturing, interrupting and talking over Lewis and so many times that he drew several rebukes from the judge, apologizing every time. It did not go well for Monroe, who at no point in the hour-long inquisition figured out that dueling with Lewis might not be a good idea.
Florida Court Clears Way for Trump Lawsuit Against Pulitzer Board Over Russian Interference Articles
A Florida appeals court Wednesday cleared the way for President Donald Trump to pursue a defamation lawsuit against Pulitzer Prize board members in a dispute rooted in the organization awarding a prize to The New York Times and The Washington Post for reporting about alleged Russian interference in the 2016 election.
In Sequence Devastating to Defense, Prosecution Shows Jury 26 Minutes That Led Up to Noah Smith’s Murder
The next-to-last clip in a sequence of 10 brief surveillance videos the prosecution showed the jury in Stephen Monroe’s trial on a first-degree murder charge today showed a white Cadillac driving on a dark Bunnell street, toward Palm Coast. It was the father of 16-year-old Noah Smith driving his dead or dying son to the hospital on Jan. 12, 2022. Monroe had fired one of the two guns that killed him. It may have been the most impactful two or three seconds of the trial so far as a riveted jury watched.
In Murder Trial’s Openings, Stephen Monroe’s Attorney Argues Self-Defense in Shooting that Killed Noah Smith, 16
Self-defense: That’s what Terence Lenamon, Stephen Monroe’s attorney, argued to a jury this afternoon in Monroe’s trial on a first-degree murder charge, after the prosecution argued that Monroe and his friends had been looking for a fight for two days and had ample opportunity to drive back to Palm Coast to avoid a deadly shooting. Instead, they exchanged fire with another man on a Bunnell street, killing Noah Smith, 16, a by-stander in January 2022.
CJ Nelson Jr. Pleads Out in Manslaughter Shooting Death of 18-Month-Old Child
CJ Nelson Jr., the 23-year-old Palm Coast resident facing a manslaughter charge in the shooting death of 18-month-old Ja’Liyah Allen on Ranwood Lane in September 2023, pleaded to the charge on Wednesday and will be sentenced on April 3. He faces up to 30 years in prison, but is unlikely to get that maximum.
Stephen Monroe, Last of 4 Defendants in Murder of Noah Smith, Goes on Trial Monday After Declining Deal
Stephen Monroe again declined a deal of 25 to 50 years in prison today for the murder of 16-year-old Noah Smith three years ago in Bunnell. Monroe faces life in prison if convicted. His trial starts Monday. Monroe is the last of four defendants in the gunfight that resulted in Smith’s death as he stood on the stoop of his house in Bunnell and was struck by a bullet not intended for him. He was on probation for robbery at the time of his arrest.