Two brothers, 63 and 59, had allegedly called L’Darius Smith the N word in a confrontation that began with one of the men complimenting him for his Batman jacket. He picked up a baseball bat–and a conviction for aggravated assault that may now send him to prison. Four years ago he was acquitted of charges of molesting his sisters when they were young children. He still faces a burglary charge.
Circuit & County Court
Terry McManus, Who Runs Flagler Beach’s City-Owned Golf Course, Is Guilty of Felony DUI and Faces Up to 5 Years
McManus, who was immediately taken into custody at the Flagler County jail, faces another trial on a felony insurance fraud charge later this year, and is battling a civil suit in a breach of contract case involving the golf club’s management company.
Man Who Killed His Father Says His Freedom Doesn’t Mean ‘I’m Going to Jump Off a Bridge and Kill Somebody’
A judge denied lifting all restrictions on Richard Dunn, 60, who killed his father in Palm Coast in 2006 and was found not guilty by reason of insanity. But numerous restrictions have been lifted, and Dunn’s other family members are objecting to further freedoms he may gain, which make them fearful for their safety.
Robert Hill Had Threatened to Smash His Girlfriend’s Face In Before Shooting Her. She Recorded Him.
It was Brenan Hill, 32, who unknowingly led detectives to the gun used in the shooting of his 22-year-old girlfriend in Palm Coast last March, and the victim’s own recordings of him that made him the chief suspect, as a trove of digital footprints unraveled his many lies to detectives.
Richard Dunn Nearing Full Freedom from Restrictions 15 Years After Being Found Insane in Father’s Murder
Richard Dunn, the 60-year-old former Palm Coast resident found not guilty by reason of insanity in the stabbing death of his father Jack Dunn 15 years ago, will again appear in court Wednesday to seek his full freedom, without medical or other supervisory restrictions.
One Man Rapes a 13-Year-Old Girl and Walks Free. Another Raped a 16-Year-Old Girl and Is Serving 12 Years in Prison.
Bo Jeremiah Sirrine, 23, and Tonda Royal, 55, once shared a cell at the Flagler County jail. They also shared a predilection for underage girls and were both charged with raping girls–a 13 year old, in Sirrine’s case, a 16 year old, in Royal’s case. Sirrine walked out of the Flagler jail a free man weeks ago. Royal is serving 12 years in state prison.
Chief Justice Drops Mask and Social-Distancing Requirement in Court
Florida courts are set to resume some jury trials and drop mask and social-distancing requirements, while most court proceedings will continue to take place remotely, under an order issued Friday by state Supreme Court Chief Justice Charles Canady.
Keith Johansen’s Defense Wants to Keep Out Evidence of His Racist and Sadistic Threats Before Shooting Death of Wife Brandi Celenza
The defense for Palm Coast’s Keith Johansen, 36, facing a first-degree murder charge in the shooting death of his wife Brandi Celenza in 2018, wants to keep out of his trial surveillance video that shows him repeatedly threatening, insulting and demeaning Celenza, using racist, misogynistic and homophobic language. Today, the defense lost a bid to keep out hours of Johansen’s interviews with detectives.
Jury Finds Benjamin Allen Not Guilty in Shooting Death of Elijah Rizvan, Reigniting Questions About “The Lying Three”
After deliberating just under two and a half hours today, the all-white jury of four women and two men found Benjamin Allen not guilty of the murder by gunshot of 17-year-old Elijah Rizvan two years ago on a W-Section street during a drug deal.
Benjamin Allen Sobs, ‘It’s Pointless,’ as Jury Watches His Interview Before His Arrest for Murder
In the last day of trial before closing arguments, the jury watched a 56-minute interview between Benjamin Allen, who is accused of murder, and detectives, in the presence of his parents. He maintained his innocence, and broke down once the handcuffs were on.
A Day of Testimony Unravels Three Witnesses’ Fleeing and Eluding Questions in Benjamin Allen Murder Trial
The three witnesses who were in the car with Benjamin Allen the evening Elijah Rizvan was shot and killed testified today in Allen’s trial on a first-degree murder charge, revealing to what extent they each lied and eluded both detectives’ questions then and attorneys’ questions today.
Benjamin Allen’s Lawyers Drill Holes in His Accusers’ Stories, Sowing Grave Doubts About Who Killed Elijah Rizvan
The prosecution in the trial of Benjamin Allen, 18, who is accused of murdering Elijah Rizvan in Palm Coast’s W-Section in 2019, had a bad day Tuesday as its witnesses proved more helpful to the defense, undermining the claim that Allen was the shooter.
Jury Seated in Trial of Benjamin Allen, Now 18, in 1st-Degree Murder of Elijah Rizvan in W-Section 2 Years Ago
Benjamin Allen was 16 when he was accused of shooting dead Elijah Rizvan outside a house in the W Section in July 2019. He is being tried as an adult and faces life in prison if convicted. An all-white jury was empaneled today.
Sheriff Gualtieri: Cop “Who Shoots and Kills Another Is Not a ‘Victim’” and Cant’ Invoke Marsy’s Law to Hide Name
Pinellas County Sheriff Bob Gualtieri and the Miami Civilian Investigative Panel last week said they plan to file friend-of-the-court briefs at the Florida Supreme Court in a dispute about whether a 2018 constitutional amendment known as “Marsy’s Law” can prevent the release of officers’ names.
For Operator of Flagler Beach’s City-Owned Golf Club, Criminal Trials He Faces Next Week Are Barely Half the Story
Terry McManus, who’s run Flagler Beach’s Ocean Palm Golf Club since 2016, faces felony fraud and DUI trials and a civil breach of contract suit, and is once again facing questions about the club’s financial state from the Flagler Beach City Commission.
Chief Justice Lifts Some Courthouse Restrictions, But Masking and Physical Distancing Remain
Members of the public will be able to enter and move through courthouses across the state, including the Flagler County courthouse, while in-person court proceedings will continue to have mask requirements and social distancing.
Lauryn Darnell, 19, Will Serve 3 Years in Prison for Role in W-Section Conspiracy and Shooting That Left a Man Disabled
Lauryn Darnell, one of four co-conspirators in the armed robbery and shooting of Carl Saint Felix on Palm Coast’s White Star Drive in 2018, pleaded today to conspiring to armed robbery and principal to armed robbery and will be sentenced to three years in prison followed by three years’ probation.
Benjamin Allen, Now 18, Will Go on Trial May 24 for Murder of Elijah Rizvan, 17, in W-Section Shooting
Benjamin Allen, accused of shooting 17-year-old Elijah Rizvan to death in front of 7 Westford Lane in Palm Coast almost two years ago, faces life in prison if convicted. He previously turned down a plea deal requiring him to serve 30 years in prison, with a possibility of early release after 25.
Facing Death by Lethal Injection, Derrek Perkins Pleads Guilty to Murdering His Wife and Gets Life in Prison
Derrek Perkins pleaded guilty to five charges, including murder, charges before Circuit Judge Howard Maltz in St. Augustine. The judge then sentenced him to life in prison without the possibility of parole. The plea essentially spared Perkins his life–and spared prosecutors, defense lawyers and taxpayers years of litigation and appeals.
Restaurant Owner Danny Catalan, Now a Felon, Sentenced to 6 Months in Jail and 4 Years’ Probation in 3 Cases
Arrested three times in six months, Daniel Catalan, 41, had threatened an employee he’d just fired, pointed a gun at a minor and battered a family member. He had faced up to 20 years in prison.
As Jury Trials Are Set To Finally Resume for Good in Flagler, Judge Perkins Sends Reassurances to the Covid Leery
Potential jurors being are being reassured by Circuit Judge Terence Perkins, the senior and administrative judge in the county, that “every court process and procedure” has been reviewed “to ensure that your jury service is safe.”
Matanzas Student Who Wrote Song Threatening Dean’s Life Pleads to Deal That May Erase the Charge
Joseph Washington, 18, was arrested in January after Matanzas High faculty learned of a song he’d uploaded, threatening Tom Wooleyhan, a dean, by name. He was sentenced to 18 months’ probation on a third-degree felony charge, a plea deal the judge found surprising for its leniency. The charge will be dropped if Washington fulfills its terms over the next 18 months.
Judge Rules Against Excluding Key Interview with Detectives in Larry Cavallaro Rape Case as Details Emerge
Cavallaro, a former gallery owner in Flagler Beach who divided his time between Winter Park and the beach town, was arrested on June 12, 2019, on a first-degree felony rape charge stemming from an allegation that he drugged and raped 40-year-old woman who had gone to visit him there with a friend. He’s been free on $100,000 bond.
Ex Palm Coast Gang Leader Brandon Washington Gets Another Chance to Contest 4 Life Sentences
The Fifth District Court of Appeal today ruled in favor of Brandon Washington’s appeal on three grounds, among them that his attorney did not present evidence or a witness who could have provided an alibi, undermining the state’s claim that Washington was at the scene of the 2007 home invasion and murder that led to his trial and conviction.
Jury Summonses Fail to Go Out In Time, Again Delaying In-Person Jury Trials in Flagler
Contrary to the court system’s announcement last week that in-person trials could resume in Flagler this week, a vendor snafu with jury summonses caused the trials to be delayed yet again, to mid-April.
In-Person Trials Will Resume in Flagler, With High-Profile Murder Cases On Deck
The cases of Keith Johansen, who faces a first-degree murder charge in the death of Brandi Celenza, and Benjamin Allen, who was 16 when he was charged as an adult in the first-degree murder of 17-year-old Elijah Rizvan in Palm Coast, will see trial dates later this year.
In Spite: DeSantis Denies Pardon for World-Acclaimed Voting Rights Leader Desmond Mead
Meade said he is a victim of political infighting between DeSantis and Agriculture Commissioner Nikki Fried, a Democrat who, as a member of the state Board of Executive Clemency, put forward Meade’s application for a pardon in September and again on Wednesday.
‘This Is Wrong,’ Attorney Says of Matanzas Student’s Arrest Over Rap Song Threat, Citing 1st Amendment
Matanzas High student Joseph Washington, 18, has yet to be charged almost seven weeks after his arrest on an accusation that he threatened a dean in a rap song posted to SoundCloud. On Monday, his attorney called his whole case “wrong” on First Amendment grounds.
County Attorney Raises Prospect of Jail for Dennis McDonald Over Protracted Contempt of Court
County Attorney Al Hadeed on Monday raised the prospect of jail for Dennis McDonald, the former candidate for various offices, if McDonald remains in contempt of court over a charge of $80,000 plus interest in legal fees he owes Flagler County government.
As Captain’s BBQ Case Against County Nears Trial, Details Emerge of Bitter Conflicts, Jockeying and Blunders
As Captain’s BBQ’s breach-of-contract case against Flagler County government slowly moves to trial, Circuit Judge Terence Perkins today opened the door to having County Attorney Al Hadeed and County Administrator Jerry Cameron deposed by Captain’s attorneys, a move the county has strenuously resisted. But there are conditions.
Bunnell Commissioners Holding Secret Session to Devise Strategy in Fired Employee’s Lawsuit
The Bunnell City Commission is going behind closed doors this evening to discuss how to proceed with–and whether to settle–a lawsuit brought against the city by Lisa Moore, a former custodian who claims she was forced to resign at the end of 2019.
Addiction Is Not a Crime. The Drug War Is.
To continue with our cruel and sadistic drug war is the daily crime. The only way out is to decriminalize all drugs, treat, repair and, somehow, atone for lawmakers’ and the judicial system’s half-century assault on their own citizens.
Court Orders Prosecutor to Discipline Attorney Who Dressed as Grim Reaper in Alert Over Covid Dangers
Days after asking The Florida Bar to consider sanctioning an attorney who made national headlines by dressing as the Grim Reaper to criticize Gov. Ron DeSantis’ response to the coronavirus pandemic, an appeals court took the rare step of ordering a state prosecutor to pursue discipline against Santa Rosa Beach lawyer Daniel Uhlfelder.
Life in Prison for Brian Wirth, Palm Coast Father of 3 Who Raped His Young Children for Years
Circuit Judge Terence Perkins today sentenced Brian Scott Wirth, 40, to life in prison on numerous counts of raping, abusing and humiliating his three children over many years, from the time they turned 5 or 6. Wirth had pleaded guilty and was hoping for a 35-year sentence.
Judge Rejects Publix Attempt to Dismiss Lawsuit Over Deli Employee’s Covid Death
The lawsuit, filed in November, contends that Gutierrez was infected in late March by another employee who came to work with Covid-19. It makes a series of allegations, including that Publix at the time prevented employees from wearing masks that could have prevented the spread of the disease.
Instead of 5 Years in Prison, Ex-Captain’s BBQ Manager Sentenced to 6 Months in Jail for Sex With a Minor
The sentence, negotiated with the victim’s family, was a significant reduction from the lowest-permissible sentence Deoliveira was facing, and the sort of sentence typically pronounced in such cases locally: at least five and a half years in prison, and a maximum of 15 years.
Appeals Court Orders New Bova Murder Trial: Judge ‘Abused’ Discretion By Denying Him Right to Represent Himself
The Fifth District Court of Appeal today ordered Joseph Bova re-tried for murder, 17 months after a jury found Bova guilty and a judge sentenced him to life in prison. The court ruled that Judge Terence Perkins was wrong to deny Bova his right to fire his attorneys and represent himself, no matter how much of a mess Bova would have made for himself.
Upholding Requirement, Court Compares Mask Mandate to Smoking Bans in Public Places
A state appeals court Wednesday rejected a challenge to a Palm Beach County requirement that people wear face masks in businesses and other public places to prevent the spread of the coronavirus.
Appeals Court Sides With Hammock Association Against County and Developer on 240-Boat Storage Facility
The Hammock Community Association won another victory today as a district court denied the appeal by a developer of a lower court decision quashing redevelopment of a boat yard into a 240-boat storage facility next to Hammock Hardware on State Road A1A.
A Blustering Jonathan Canales Calls Court ‘Satanistic’ as He Loses Latest Appeal of Life-Term Conviction
Jonathan Canales, the 34-year-old former Mondex man serving a life term for shooting his then-girlfriend, accused the prison system of exposing him to beatings and the courts for being “satanistic” and skewed against defendants, but could not show any evidence that he’d had poor legal representation.
Sentenced to Life in Prison for Shooting Girlfriend, Jonathan Canales Returns to Court to Plead Leniency
Jonathan Canales was sentenced to life in prison for the attempted murder of Tiffany Norman in the Mondex in 2014 as her three children slept. He will represent himself when he appears before Circuit Judge Terence Perkins next week, arguing defendants’ last hope: that his attorney had been ineffective.
In-Person Jury Trials Suspended in Flagler Until at Least Late January as Covid Trolls
There will be no in-person jury trials in Flagler County until at least January 19 due to the very high incidence of coronavirus cases in the county. The county in the week ending last Saturday broke yet another record in confirmed cases for the previous seven days, with a total of 270, and a cumulative total exceeding 3,500.
DeSantis Passes Over Rendzio and Names Kenny Janesk Judge in 7th Judicial Circuit, Which Includes Flagler
Janesk has been a prosecutor in the Seventh Circuit State Attorney’s Office since 2011, working as the managing attorney of the Putnam County office. The appointment fills the position vacated by Circuit Judge Patti A. Christensen, who stepped down at the end of September.
Nathaniel Shimmel, 25, Sentenced to 50 Years in Stabbing Death of His Mother, Michele, at Their Palm Coast Home
Shimmel had faced the possibility of life in prison. His 50-year sentence will be followed by lifetime probation. Between time served and early release, he may be eligible to leave prison in 2060, when he will be 64. The family of the victim agreed to the plea deal to bring closure to the homicide case of longest date on the court’s docket.
Appeals Court Tosses GOP Challenge to Mask Mandate in Leon, But Doesn’t Address Constitutional Issues
Throughout the pandemic, Gov. Ron DeSantis has declined to issue a statewide mask mandate. He also issued an executive order in September that suspended collection of fines and penalties related to violations of mask requirements, but that did not prevent local governments from continuing to have the requirements.
Covid Justice: Florida Court Rules Zoom Hearings Don’t Violate Defendants’ Constitutional Rights
In a legal test of remote court proceedings during the Covid-19 pandemic, an appeals court Wednesday rejected arguments that using Zoom technology in a probation-violation hearing would violate a defendant’s constitutional rights.
The Strange Case of Cornelius Baker’s Dangling Fate on Death Row, 13 Years After a Bunnell Murder
Conflicting Supreme Court cases gave convicted murdered Cornelius Baker hope that he could get a new sentencing trial and escape the death penalty, as have two previous Flagler death row inmates. But the conflicting cases, again reflecting the contradictions of Florida’s capital punishment laws, now leave his fate in an absurd twilight zone.
Supreme Court Refuses to Reinstate Death Sentences in Decision That Could Affect 2 Flagler Inmates
The decisions could apply to about 100 inmates, possibly including David Snelgrove of Palm Coast, who was removed from death row in January after his lawyer successfully argued for life without parole, and Cornelius Baker, whose hope for a new penalty-phase trial is still pending.
Oral Arguments on Alachua’s Mask Mandate Evoke Hijabs, Nazis, KKK, Crime and, Finally, Public Health
Oral arguments about Alachua County’s mask mandate before a three-judge panel of the First Circuit Court of Appeal Monday was a spectacle of audacious leaps and strange analogies that nevertheless illustrated the sharp and far from resolved divide between mask proponents and anti-maskers, including on the judicial bench.
State Attorney Will Seek Death Penalty for Derrek Perkins in Stabbing Murder of Wife Brandi in Hastings
The victim, a resident of Green Cove Springs who worked at a restaurant in St. Augustine, had filed an injunction against Derrek the day before the stabbing and after several intimidating and threatening incidents involving him.