Palm Coast government has filed a motion to dismiss a lawsuit from Palm Coast Holdings regarding Town Center utility guarantees. The developer claims the city breached its contract by failing to guarantee water and sewer capacity, resulting in lost land sales. The city argues that development orders are conditional regulatory approvals, not absolute contracts. The city says no breach occurred because no permits were actually denied, characterizing the developer’s claims as speculative.
Circuit & County Court
Longtime Homicide Prosecutor Mark Johnson Appointed to Putnam Judgeship, ‘Bittersweet’ Loss to State Attorney’s Office
After 17 years as a prosecutor in the Seventh Judicial Circuit, Mark Johnson has been appointed by Governor Ron DeSantis as a County Judge for Putnam County. Known for his cerebral style and successful partnership with fellow prosecutor Jason Lewis on high-profile homicide cases, Johnson’s departure is a significant loss for State Attorney R.J. Larizza’s office. Johnson will preside over misdemeanors and civil disputes in Putnam, with his investiture expected next year.
Palm Coast’s Gregory Smith, 45, Is Sentenced to 30 Years for Years-Long Sexual Abuse of Stepdaughter
Former Palm Coast resident Gregory Smith, 45, was sentenced to 30 years in prison today after pleading guilty to eight felonies involving the repeated rape of his ex-wife’s adolescent daughter. Facing a potential life sentence if convicted at trial, Smith hesitated during the hearing but ultimately accepted the plea deal. The victim was in the courtroom.
CAIR-Florida, the Muslim Civil Rights Organization, Sues DeSantis Over Defamatory ‘Terrorist’ Designation
The Council on American-Islamic Relations (CAIR), the nation’s largest Muslim civil-rights organization, has filed a federal lawsuit challenging Florida Gov. Ron DeSantis’ executive order issued last week designating the group as a “terrorist organization.” CAIR is asking the court to block the executive order and declare it unconstitutional.
Henriqson Finds Court Is Not His Castle as He Stumbles Through Self-Representation in Child Rape Case
Facing capital sexual battery charges, Kristopher Henriqson has fired his public defender to represent himself, a decision that faltered during a recent pre-trial hearing. Circuit Judge Dawn Nichols denied the majority of Henriqson’s motions, including requests to change the venue, admit an illegal recording, and rewrite DNA reports he fundamentally misunderstood. While Henriqson secured minor procedural victories, the judge warned that without a public defender, he alone bears the logistical and financial burden of his defense.
Facing Capital Charges for Raping Stepchild, Henriqson Wants ‘Intact Hymen’ Defense and Secret Recording Admitted
Kristopher Henriqson, representing himself against capital child rape charges, has filed motions requesting a gynecological exam of the victim and a change of venue. Henriqson claims the victim bears no physical signs of assaults and seeks to introduce a secret recording of the girl discussing lying—evidence the state argues is inadmissible wiretapping. Prosecutors also cite privacy laws against the medical exam. A hearing is set for Monday before Circuit Judge Dawn Nichols.
Analysis: In Melady Trial, an Evidence-Defying Verdict That Ignored Overwhelming Proof of Victim’s Incapacity
The jury found Melady, the former Flagler County Fire Rescue paramedic, guilty of sexual battery, or rape, a lesser charge than the one he faced, rape of an incapacitated person. To reach that conclusion, the jury had to conclude that the victim was not incapacitated, even though that was the one fact the defense, the prosecution and Melady himself agreed on, and that the defense relied on to argue that Melady had to invasively conduct a pelvic exam to figure out why she was incapacitated. The jury’s conclusion was demonstrably false.
Jury Finds Ex-Flagler Paramedic Melady Guilty of Rape of Unconscious Woman in Ambulance
A jury of four women and two men today found Melady, a paramedic with Flagler County Fire Rescue from 2018 to 2024, guilty of rape of an unconscious woman he was responsible for in the back of an ambulance three years ago. The jury acquitted Melady of video voyeurism. He had recorded the incident, moving the camera a few times for better views of the woman’s privates, and preserved the video on his laptop. He faces up to 15 years in prison when he is sentenced early next year.
Defending Pelvic Exam, Ex-Flagler Paramedic Melady Tells Jury What It Saw and Heard Isn’t What It Saw and Heard
Former paramedic James Melady testified that a video showing him performing a pelvic exam on an unconscious woman and smelling his fingers was misinterpreted by the prosecution. Melady claimed the exam was medically necessary—contradicting expert testimony—and that his prior police admissions were Ambien-induced hallucinations. With the defense arguing that the video is misleading, the jury must decide Wednesday if Melady’s account outweighs the visual evidence of sexual battery.
Flagler Detective Coma Rapidly Cleared of Fleeing Charge After Speeding Incident; Still Faces Ticket and Internal Investigation
The State Attorney’s Office has dropped the felony fleeing and eluding charge against Flagler County Sheriff’s Detective Ardit Coma. Arrested for speeding 88 mph in a 55 zone, Coma claimed he didn’t see police lights due to loud music and sun glare, believing he was stopping to assist officers deploying stop sticks. Reinstatement is underway, but Coma still faces a speeding citation and an internal affairs investigation regarding departmental policy violations.
‘Doing His Job’ or Rape? Starkly Opposing Narratives Open Ex-Flagler Paramedic James Melady’s Trial
Former Flagler paramedic James Melady’s trial began today for allegedly raping an unconscious patient in an ambulance in 2021. Video evidence Melady himself took on his phone and kept on his laptop shows him sexually penetrating the woman. The defense contends Melady was performing a medically necessary pelvic exam after the patient failed to respond to Narcan, arguing the video was recorded for his protection. The jury must decide if the act was a crime or medical necessity.
Flagler County Paramedic, Step-Father and Homeless Man All Facing Grave Sex Charges and Life Terms Set for Trials
Circuit Judge Dawn Nichols this morning scheduled three men for trials on unrelated sex-assault charges after each man declined to plead out, opting instead to risk facing 55 years to life in prison if convicted. The men are former Flagler County Fire Rescue paramedic James Melady, whose alleged victim was a patient he is accused of raping in an ambulance; Kristopher Henriqson, who is accused of raping his prepubescent stepdaughter for years; and Jose Valerio-Rodriguez, a homeless man accused of statutorily raping a minor.
Florida Supreme Court Calls for 25 More Judges, One in 7th Judicial Circuit
Gov. Ron DeSantis may get a chance to appoint up to 25 additional judges in his final year in office if the Florida Legislature goes along with a new request from the state Supreme Court. DeSantis has repeatedly boasted about his efforts to reshape Florida’s judicial branch, including the state Supreme Court. Five of the seven justices on the court were appointed by the Republican governor. The court has made several crucial rulings including one that undid its previous decisions on the right to abortion.
Facing Identical Charges for Gun Burglaries, 17-Year-Old Held on $190,000 Bond, Brother, 18, Posts $60,000 Bond
A 16-year-old boy arrested with his 18-year-old brother and two other young adults in connection with a spree of burglaries and the theft of several guns in West Flagler last August has been charged as an adult and faces five counts punishable by life in prison. Like his co-defendants, he now faces 12 felony charges in all. His bond was set at $190,000. His 18-year-old brother, who faces identical charges, posted bond set at $60,000 in Suwanee County, and a third defendant has a $120,000 bond, also in a different county. One circuit’s bond schedule has no control over another’s.
Judge Sets Jan. 21 Pretrial in Leigha Mumby Vehicular Homicide Death of Daniel Waterman
In Leigha Mumby’s first pretrial appearance since she was charged with vehicular homicide in the death of her former boyfriend, a judge today set Jan. 21 as the next pretrial, granting the defense’s request for a 60-day extension to go over new discovery in the case. Daniel Waterman, 22, died in October.
Facing Life in Prison, Man Wants to Represent Himself and Depose Step-Daughter Accusing Him of Rape
Kristopher Henriqson is a 47-year-old state and federal felon and Palm Coast resident facing accusations of having routinely raped and abused his stepdaughter since she was 9. He has turned down a deal to serve 45 years. He faces 11 felonies, including two capital felonies, and life in prison if convicted. Today, a judge granted his request to represent himself, and has indicated he wants to depose his allege victim, now 12. He would also have the right to cross-examine her at trial.
Leigha Mumby Rearrested on Vehicular Homicide Charge in Death of Daniel Waterman, and Released on $150,000 Bond
Leigha Mumby, the 24-year-old Flagler Beach woman accused of causing the death of her boyfriend and father of her child, Daniel Waterman, in a car crash last February, turned herself in at the Flagler County jail the afternoon of Oct. 29, after a warrant was issued for her rearrest.
Jury Exonerates ‘Ed Boy’ Sampson of Shoving Pregnant Woman; He Would Have Faced Up to 30 Years in Prison
After a trial of barely three hours, a six-member jury–four women, two men, one Black–took 105 minutes this afternoon to find Edward “Ed Boy” Sampson, 30, not guilty of aggravated battery on a pregnant woman. On its face, it was not a significant case. But because of his criminal history, a conviction for Sampson would have doubled his punishment to up to 30 years in prison, with 15 of that mandatory, to be served day for day. Sampson would have been in his mid-40s or 50s before he would have seen another day’s freedom.
‘Ed Boy,’ Target of Murderers in a Trial 9 Months Ago, Is Now a Defendant Facing Up to 30 Years Over a Shove
Edward Gerard Sampson, better known as Ed Boy, shoved a woman and was charged with aggravated battery, a charge that would normally result in a minor penalty, possibly some jail time or probation. But the woman was pregnant, and Sampson is a habitual offender who was released from prison in May. Those factors combined now mean that if the jury convicts him at his trial this week, Sampson could spend the next 30 years in prison for that shove.
15-Year-Old FPC Student Charged as Adult Sentenced to 18 to 36 Months in Lock-Up Over Gun Incidents
After carrying a 9 mm handgun with him all day at Flagler Palm Coast High School last Sept. 4, Sean Junior Goska, 15, who was on probation for a series of felonies but nevertheless attending school, went to McDonald’s with a few friends and pulled the gun on one of them. On Friday, in a plea, he was sentenced to 18 o 38 months in a juvenile prison followed by two years of house arrest and three years on probation.
Jeff Gray, Activist Wrongfully Arrested Outside Funky Pelican, Demands $200,000 in Pre-Suit Offer
Jeff Gray, the 55-year-old St. Augustine activist wrongfully arrested outside the Funky Pelican restaurant in Flagler Beach on a trespassing charge last March, is seeking $200,000 in compensation from the city, or he said he will sue. The $200,000 claim may not be all that Gray will seek.
Appeals Court Upholds 5-Year Prison Sentence for Brendan Depa in Matanzas Teacher’s Aide Attack
The Fifth District Court of Appeal on Tuesday upheld the five-year prison and 15-year probation sentence against Brendan Depa, the former Matanzas High School student whose video-captured beating of a teacher’s aide unconscious in February 2023 drew worldwide attention. In a long interview, Gene Lopes, a teacher and mentor of Depa’s who just visited him, describes his progress in prison and his plans after prison.
Home Builders Association’s Lawsuit Over Impact Fees is ‘Legally Insufficient,’ Palm Coast Argues in Response
Palm Coast government has filed a motion to dismiss the lawsuit the Flagler Home Builders Association filed against the city in October, arguing that the lawsuit is legally insufficient. The association is challenging the city’s new schedule of steeply higher development impact fees. Motions to dismiss are often filed as a first step in response to a civil action. Barring terribly flawed arguments and legal grounding by the party filing the suit, motions to dismiss are just as often denied. But they block out the grounds where the battle will be fought. and signal where a settlement may take shape.
Town Center Developer Sues Palm Coast, Accusing City of Breaking Promise on Water and Sewer Capacity
The developer of Palm Coast’s Town Center is suing the city for breach of contract, alleging that Palm Coast government has failed to guarantee water and sewer service for Town Center holdings it was planning to sell. Palm Coast Holdings, the successor to Florida Landmark Communities and a subsidiary of Duluth, Minn.-based Allete Corp., sued Palm Coast in Circuit Court in Bunnell on Oct. 23. They are asking a judge to enforce the city’s promise of providing water and sewer service to Town Center, or require it to pay unspecified damages.
Overruling Judge, Attorney General Says Prosecutors and Staff May Bring Guns into Courtrooms
In an Oct. 20 letter posted to the attorney general’s website, Florida Attorney General James Uthmeier told Sarasota’s Republican State Attorney, Ed Brodsky, that he and his staff should be allowed to bring their guns into courtrooms — even though the Chief Judge of the Twelfth Judicial Circuit decreed otherwise in a September order.
Palm Coast Woman Who Let Mom Die in ‘Concentration Camp’ Conditions Sentenced to 6 Years in Prison
Kim Zaheer, the now-68-year-old woman accused of letting her mother die of such neglect that neither the medical examiner nor the funeral home personnel who handled the body said they’d seen anything so abject in their careers, was sentenced to six years in prison this afternoon. Frances Hildegard King, 88, was found dead on Dec. 5, 2018, at the house she owned at 20 Rocket Lane in Palm Coast since 2008. With time served and time off for good behavior, Zaheer may be out of prison in a year and two months.
Palm Coast Will Not Join 25 Local Governments in Lawsuit Against SB180, Which Disables Development Regulation
The Palm Coast City Council today said it is declining to join a lawsuit by 25 other local governments against a new state law, known as SB180, that has sharply restricted governments’ regulatory authority on local development. Bunnell, Flagler Beach and county government have also declined. Council member Theresa Pontieri pushed back against Mayor Mike Norris’s suggestion to join the lawsuit, saying the city should not risk its political capital by alienating lawmakers whose help and appropriations it needs, at a time when lobbyists are near certain that the law will be amended by next March.
Leigha Mumby, 24, Now Faces Vehicular Homicide Charge in Crash Death of Boyfriend Daniel Waterman
Prosecutors this morning filed a vehicular homicide charge against 24-year-old Leigha Catherine Mumby in addition to the two previous felony charges Mumby has faced since July. The new charge is the result of the death of Daniel Waterman, 22, earlier this month, eight months after he was critically injured in a car crash on I-95 in Palm Coast, as Mumby drove. An FHP investigation determined Mumby intentionally caused the crash when she was upset with her boyfriend.
Critical After February Crash, Daniel Waterman, 22, Died on Oct. 8. His Pregnant Girlfriend Is Accused of Causing the Crash.
Last Super Bowl Sunday, the day Leigha Mumby, 24, discovered she was pregnant by her boyfriend, Daniel M. Waterman, 22, Mumby drove her Honda into a tree on I-95 in Palm Coast, seriously injuring herself and critically injuring Waterman, who was hospitalized since and who died on Oct. 8. Mumby was charged with a second-degree felony when an FHP investigation determined she had intentionally caused the crash. The charge may be aggravated, now that Waterman has died. His family is seeking custody of the child.
Teacher and Counselor Detail Sexual Abuse Stepfather Is Alleged to Have Inflicted on Girl Since She Was 9
Ahead of 47-year-old Palm Coast resident Kristopher Henriqson’s December trial, a teacher and a counselor at a local middle school testified in a court hearing today to the details of the abuse and rapes a 6th grader said she endured at Henriqson’s hand. A judge ruled the teacher’s and counselor’s testimonies admissible, as will be a forensic interview of the child, now 12, with with a member of the Child Protection Team.
Jermaine Williams Loses Two Dozen Motions Contesting His Death-Penalty Trial for Killing of Wife Yolonda
Jermaine Williams Sr, 53, is to be tried early next year for the stabbing death of his wife Yolonda Williams in the couple’s driveway in Bunnell 14 months ago. The defense team today argued 26 motions, lost 25, many of them arguing the constitutionality of the death penalty or death penalty trial procedures such as victim impact statements, or even whether Williams should wear restraints at his trial. Circuit Judge Dawn Nichols said the challenges were to settled law.
Jury Exonerates Palm Coast’s Kevin Cichowski in 2-Day Trial
A Flagler County jury on Tuesday exonerated 45-year-old Kevin Kevin J. Cichowski of three domestic violence charges, two of them felonies, stemming from an incident involving his wife at their C-Section house in September 2024. Cichowski was briefly a candidate for Palm Coast mayor in the special election of 2021. He cited a family member’s health as the reason for dropping out.
Keith Johansen, Serving Life for Murdering His Wife, Now Claims Stand Your Ground Would Have Exonerated Him
Former Palm Coast resident Keith Johansen, 43, who shot and killed his wife Brandi Celenza at their F-Section home in 2018, now claims a Stand Your Ground motion would have exonerated him and made trial unnecessary. Four years ago this month a jury found Johansen guilty of murdering Brandi, 25, in their home on Felter Lane while Brandi’s young son was in another room, waiting to go to the county fair.
Flagler County Home Builders Sue Palm Coast Over Impact Fees, Seeking Immediate Invalidation of Sharp Increases
The Flagler County Home Builders Association (HBA), five local builders and an individual jointly filed the 69-page, four-count suit in Flagler County Circuit Court late Wednesday afternoon. The suit challenges the City Council’s unanimous adoption last June of sharply higher impact fees for fire services, parks and transportation. The lawsuit is not seeking damages, monetary or otherwise. It is seeking the immediate and permanent invalidation of the ordinances that enacted the higher impact fees. It is an extraordinary challenge. It is neither unprecedented nor unheeded, though with extreme rarity.
Cops May No Longer Search Your Car Based on Pot Smell Alone, Court Rules
Florida’s 2nd District Court of Appeal’s main opinion said that for “generations, cannabis was illegal in all forms — thereby rendering its distinct odor immediately indicative of criminal activity.” But the opinion said legislative changes have “fundamentally changed its definition and regulation” and made cannabis legal to possess in multiple forms.
Open-Carry Leaves Flagler County’s Government Attorneys Grappling with Ruling’s Application to Public Spaces
A Sept. 10 appeals court ruling that made it legal to openly carrying guns in Florida has created some confusion for Flagler County’s local government attorneys on the law’s applicability in certain public places such as government buildings and parks in light of a loophole in law that appears to leave long guns unregulated, and the permissibility of carrying guns in certain public spaces unclear.
Teachers Must Now Self-Report When Arrested for Numerous Crimes
Florida law now requires educators to self-report to their employers within 48 hours an arrest for a felony or certain misdemeanors. The list of offenses ranges from sexual misconduct with mental health patients, felony fraud, murder, aggravated assault, human trafficking, weapons on school grounds, prostitution, felony voyeurism, threats to kill, and more.
Flagler County Government Prepares to Settle 4-Year-Old Lawsuit Over Sears Building, But Won’t Recover All Losses
Flagler County government is nearing a final settlement of a four-year-old lawsuit it filed against several parties after its ill-fated $1.125 million purchase of what was then known as the Sears building on Palm Coast Parkway. The county previously settled with two of the four parties, recouping $900,000 (or $843,000, depending on which document you consult). The pending settlement would recoup an additional $125,000, netting a loss of $100,000 (or $157,000).
Ex-Flagler County Paramedic Facing Rape Charge Claims Penetrating Patient Was ‘Medically Necessary’
James Melady, the former Flagler County Fire Rescue paramedic facing a rape charge involving an unconscious patient in his care during an ambulance ride, claimed today through his attorney that what he was doing to the patient was medically necessary, and therefore not actionable under Florida law. Circuit Judge Dawn Nichols was skeptical, and pressed him to seek a plea or potentially face up to life in prison.
Ex-School Employee Kermit Booth Extradited to Flagler to Face Charges of of Sexually Assaulting Neighbor Until She Was 9
Flagler County Sheriff Rick Staly on Friday flew to North Carolina to personally bring back Kermit Booth–the former Palm Coast resident facing two capital felony charges for the sexual assault of a child–extradited from North Carolina, where he’d been held after his second arrest on the same charges.
He Faced a Minimum of 4.2 Years in Prison for Hit and Run. He Got Less Than 1 Year in Jail After Paying Victim $150,000.
A $150,000 settlement paired with a $100,000 insurance settlement can go a long way to convince the victim of a hit and run to turn advocate for his assailant and ask the court not to send him to prison. The prosecutor put it more bluntly: “It creates the perception that justice can be bought.” That’s what appears to have happened between Joao Fernandes and Tristen Thompson, who until last month had spent the previous year as adversaries, with Fernandes facing several years in prison on top of a civil suit from Thompson over a 2024 hit and run on Belle Terre Parkway that left Thompson in a heap of injuries.
Bail Grift: Instead of Returning Bond Money, Florida Seizes It to Pay Off Fines and Fees
Is Florida running a bail grift? That’s how one Judge described the state’s decades-old policy of keeping bail money from third parties and using it to pay off defendants’ outstanding fines and fees. At least one member of an 11th Circuit Court of Appeals panel that considered the issue this month appears to agree with that assessment. So do several current and former lawmakers who have tried to end the practice.
Judge Woody Clermont Faces Reprimand for Helping Friend During Proceedings
Documents filed Friday at the Supreme Court by the Florida Judicial Qualifications Commission said Judge Woody Clermont on April 11 went to a Broward County courtroom where the friend was making a first appearance on the charge. Clermont provided what was described as “mitigating information” about the friend to a prosecutor and the judge handling the proceeding, according to the documents.
Flagler Home Builders Association Will Sue Palm Coast Over Parks, Fire and Road Impact Fee Increases
The Flagler Home Builders Association is preparing to sue Palm Coast government over the City Council’s approval in June of sharply higher development impact fees for fire, parks and roads. The new fees don’t apply until Oct. 1. The suit would be filed on behalf of HBA, five construction companies and two private city residents. The pending action argues that the city’s new schedule violated the law by raising fees too sharply and too quickly, without a substantiated showing of “extraordinary circumstances” that would justify the sharper increase, among other alleged violations.
The 7th Judicial Circuit, Which Includes Flagler County, Is Getting Two New Circuit Judges, Initially by Appointment
Following a determination by the Florida Supreme Court and ratification by the Legislature last June, the Seventh Judicial Circuit, which includes Flagler, Volusia, St. Johns and Putnam counties, is getting two additional circuit judgeships, in addition to the 27 existing ones. The nine-member Judicial Nominating Commission for the Seventh Circuit, which currently has no representation from Flagler or Putnam counties, is accepting applications for the two judgeships until 5 p.m. on Sept. 15.
Former Assistant Public Defender Regina Nunnally Leads ‘Know Your Rights’ Workshop for Local Renters on Aug. 26
Former Assistant Public Defender Regina Nunnally, an inspirational speaker, author, preacher and lawyer with Community Legal Services, will lead a free “Know Your Rights” workshop for renters on Aug. 26 at Flagler Cares’ Flagler County Village at Palm Coast’s City Marketplace. The workshop will offer essential information for renters on their legal protections and responsibilities.
Bradley McVay is Florida’s New Statewide Prosecutor
Brad McVay was sworn in as statewide prosecutor Monday by Attorney General James Uthmeier. It is one of the top positions in the Florida Department of Legal Affairs and takes the lead in investigations that cross multiple county and judicial circuit lines.
Palm Coast Mayor Norris Files Dismissal Notice of His Lawsuit Against the City, Scrapping Rehearing or Appeal
Palm Coast Mayor Mike Norris today filed notice in Circuit Court through his attorney that he was voluntarily dismissing his lawsuit against the city he represents and Council member Charles Gambaro, without prejudice–meaning that it cannot be refiled. Mt. Dora attorney Anthony Sabatini filed the notice early this afternoon, soon after being served a letter by the city’s attorney, warning that the city would pursue financial sanctions against Norris if the lawsuit remained active.
Ex-Gang Member Michael Gilbert Back in Prison for 5 Years, Risking Another 5 Rather Than Settle
Sometimes, defendants’ self-defeating math puzzles everyone in court, prosecutors and judges included. But the defendants’ misfortune is not entirely of their own doing, especially when they are on probation, a system as if cynically designed to make probationers fail. Michael D’Angelo Gilbert is one such defendant.
Veteran Who Robbed and Killed a Man at Graham Swamp in 2006 Seeks Full Release from Supervision
Brian Wothers, the 43-year-old military veteran who robbed and killed 26-year-old Jeffrey David Maxwell at Graham Swamp after partying with him earlier that night in 2006, is seeking release from all state supervision 17 years after he was found not guilty by reason of insanity, and committed to a state hospital. A circuit judge is not ready to grant that step just yet.