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.
Circuit & County Court
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.
Warrantless Search of Car’s GPS Data Is Constitutional, Florida Appeals Court Rules
The ruling by a panel of the 1st District Court of Appeal rejected arguments by Brandon Joshua Bailey that the GPS evidence, which was obtained without a warrant, should be suppressed and his first-degree murder conviction should be overturned.
Judge Denies County’s Motion to Dismiss Captain’s BBQ Suit But Cracks Open a Way to Get There
While all but ridiculing the county’s claim that it had broken the law by approving a lease amendment with Captain’s BBQ without putting it out to bid, Circuit Judge Perkins was far more receptive to the county’s claim that the amendment had not yet kicked in, and so could not have been breached. He all but drew a map for the county’s next attempt to dismiss the lawsuit, pending the taking of depositions.
Appeals Court Will Hear Challenge to Alachua County’s Mask Mandate
The Alachua County case, which will be heard Nov. 23 by a panel of the 1st District Court of Appeal, could serve as a test for mask requirements that have been approved in various parts of the state.
As Flagler’s Covid Numbers Keep Going the Wrong Way, Even a Judge Says It Doesn’t Look Good for a Murder Trial
Nathaniel Shimmel, 25, faces a 1st-degree murder charge in the stabbing death of his mother in 2017. He’s willing to plea to 30 to 50 years. The state wants 35 to life. The trial, the oldest on Flagler’s docket, keeps getting delayed despite that mere five-year gap in the negotiations.
Facing Life in Prison, Benjamin Allen, 18, Rejects 30-Year Offer; State Rejects 50-Year Limit for Shimmel in Mom’s Murder
Benjamin Allen, the 18-year-old Palm Coast resident accused of first-degree murder in the shooting death of 17-year-old Elijah Rizvan 15 months ago, and Nathaniel Shimmel, facing a similar charge in the stabbing death of his mother three years ago, are both set for trial after settlement offers were rejected. Shimmel goes to trial next week.
A Week Before Prison Term Was to End, Palm Coast Man Faces Delayed Charges On Same 2-Year-Old Case
Brian Scott Odell, 37, pleaded guilty and was sentenced to two years in prison for unlawful sex with a 16-year-old girl, but now faces new charges from that same case, only because it took this long for investigators and the prosecution to produce the evidence. He was to be released to probation next week.
FHP Trooper Faces Hostile Discrimination Over Time Away on Military Service. Court Rules He Can’t Sue.
An Appeals court ruled that sovereign immunity protects state agencies like the Florida Highway Patrol from the lawsuit filed in 2014 by James Hightower, who alleged he faced a “hostile work environment” at the highway patrol because of leave he took for military duties.
Covid-Era Rarity: Flagler and St. Johns Courthouses See Two Trials to Completion in One Day
Circuit Judge Terence Perkins has been willing to hold relatively swift, uncomplicated trials, but not more involved homicide cases, at least three of which are awaiting their day in court.
“I’m So Embarrassed,” Judge Perkins Says of Further Delays in 3 Murder Trials Caused by Covid, Despite Innovations
Nathaniel Shimmel has been waiting three years for his murder trial, Tammy Almond two, Benjamin Allen one, and all three must wait until at least November as Covid restrictions are hampering Circuit Judge Terence Perkins, to his dismay, from going forward.
Calling Himself a ‘Scapegoat,’ Colon Pleads to 30 Years in Prison in Murder by Heroin of Savannah Deangelis
Joseph Colon, 37, pleaded to 30 years in prison in the death of Savannah Deangelis, 23, in 2017, after she took delivery of two $40 bags of heroin from him.
Joseph Colon, Heroin Dealer Accused of Murdering Savannah Deangelis, Will Plead to 30 Years in Prison
Savannah Deangelis was 23 and had been clean and in rehab for months when she took delivery of a $40 dose of heroin from Joseph Colon, and overdosed at her parents’ home in Grand Haven. Colon was indicted on capital felony murder.
Flagler Courtroom Holds 1st In-Person Criminal Trial in Florida With Conviction of Car Thief, Masks and New Exclusionary Rules
A socially distanced jury found Brian Johnson, 22, guilty of car theft and fleeing police in a 2019 incident in which Sheriff Staly was involved, after a two-day trial that excluded the public and press but was entirely webcast on YouTube for the first time ever.
As Covid-Related Layoffs Hit Courthouse, Clerk of Court Gets, $250,000 Emergency Appropriation
Flagler County Clerk of Court Tom Bexley said his office saw $600,000 in lost revenue, the reduction from 62 jobs to 54, including four actual layoffs, and uncertainties ahead, requiring a $250,000 emergency appropriation to stave off further cuts.
Kimberle Weeks, a Convicted Felon 5 Times Over, Is Sentenced to 30 Days in Jail and 18 Months of Probation
The five-year old case against Kimberle Weeks ended today as a circuit judge sentenced the former Flagler County Elections Supervisor to 30 days in jail and 18 months of probation on each of five felony counts of illegally recording and transmitting phone conversations when she was a supervisor.
Circuit Judge Rejects Challenge to Mask Mandate, Seeing No Constitutional Violation
A circuit judge Friday rejected a challenge to the constitutionality of a Leon County ordinance that requires people to wear face masks in businesses to try to prevent the spread of the coronavirus.
Flagler County Courthouse and Proceedings Reopen to the Public, With Limits
Starting at 8 Monday morning, most courthouse and court facilities in Flagler, Volusia, St., Johns and Putnam counties reopened to the public, in line with Gov. Ron DeSantis’s “Phase 2” reopening, but with several restrictions still in place.
Richard Dunn, Found Insane in Father’s Murder in 2006, Wants Unconditional Freedom Restored
Richard Dunn was 46 when he stabbed his 89-year-old father to death at their Palm Coast home in 2006. He was found not guilty by reason of insanity, and conditions on his release have progressively diminished over the last 14 years.
5th District Court Affirms Convictions of Sex Offenders Shaun Whitt and Ex-Bunnell Cop Mike Stavris
In a trio of decisions today, the Fifth District Court of Appeal let stand convictions of Sean Whitt, who is serving a life term for raping an 11 year old, and Michael Stavris, who is serving 15 years on charges of felony child abuse, stalking and impersonating a child.
Eligible for Re-Trial, Dorothy Singer Pleads in 2017 Murder of Her Husband and Is Sentenced to 32.5 Years
She was eligible for a new trial. But facing daunting evidence against her, Dorothy Singer, formerly of west Flagler, pleaded to second-degree murder in the shooting death of her husband Charles in 2017.
Jury Trials and All Other Non-Critical Court Proceedings Suspended at Least Until June
The order extended the suspension of criminal and civil jury trials, jury selection and grand-jury proceedings through May 29. It said circuit and county courts will “continue to perform essential court proceedings.”
Appeal Court Upholds 4-Count Felony Convictions Of Kimberle Weeks, Who Will Now Have To Serve Jail Time
State Attorney Jason Lewis had aggressively prosecuted Kimberle Weeks as a crude, arrogant official who had abused her position and flouted the law, insulting other people in office while ironically casting herself as an anti-corruption crusader.
Flagler Circuit’s Chief Judge Issues Order With Potentially Extraordinary Measures as Florida Covid-19 Cases Double in 2 Days to 319
The court system’s new restrictions reveal the potential for extraordinary, court-ordered measures in answer to the coronavirus emergency, pointing to the sort of unprecedented role the courts and law enforcement may be taking on in the weeks and months ahead.
Schools Closed Through March 30, Jury Trials at Flagler Courthouse Suspended as Coronavirus Fallout Continues
All jury trials have been suspended at the Flagler County courthouse through March 30, and all public schools in the state have been ordered to remain closed through March 30 as well.
In Stunning Reversal, Florida Supreme Court Rules Juvenile Prison Sentences May Exceed 20 Years
The 4-1 decision stunned public defenders, who expressed concern not only about its implications for juvenile sentencing but also about a reshaped court emboldened to revisit issues the legal community had considered settled.
Judge Sets Stern Ground Rules Ahead of Keith Johansen Murder Trial in Shooting Death of Brandi Celenza
The trial judge admonished the families of both Brandi Celenza and Keith Johansen after a hearing where he’d ruled on admitting or limiting variously disturbing evidence-and prohibiting prejudicial courtroom antics in the gallery.
Jury Doesn’t Buy “Outlandish” Conspiracy Theory and Convicts 54 Year Old Mondex Man of Sex With Minor
Tonda Royal was 52 when a 16-year-old Mondex girl accused him of raping her. He claimed the only way his DNA was in her is because another woman took his used condom and handed it to her to implicate him.
Charged With Statutory Rape, Man’s Defense Invokes Racial Allusions and Lies, But DNA Says Otherwise
Tonda Royal, 53, is on trial this week on an accusation of unlawful sex with a 16-year-old girl in the Mondex. Despite uncontested DNA evidence, the defense claims the girl is lying and was part of a plot to damage Royal’s reputation.
One Side Says Defamation. The Other Says Intimidation. The Gardens Development Spins-Off a Lawsuit.
Ken Bryan, a candidate for Flagler Beach City Commission and a board member of the group opposed to The Gardens development, was sued by the developer’s parent company. Bryan’s attorney charges the suit has no merit and says there may be a counter-suit.
This Time Death Row Inmate Cornelius Baker Shows Up, Only To Learn His Chance for Re-Sentencing May Vanish
Death row inmate Cornelius Baker’s fate is undetermined as the judge, the defense and the prosecution are all awaiting direction from other courts as to whether to re-try Baker in a sentencing phase or stick to his original death sentence.
Girl Who Threatened to Kill FPC Teacher in Racist Screed Gets Probation, and Must Write Essay on Hate Speech
The 17-year-old former Flagler Palm Coast High School girl last December was found guilty of terrorist threats to kill her English teacher through racist-laced electronic messages with another student in December 2018.
Prosecution Asks for Temporary Halt in Cornelius Baker Death Penalty Re-Sentencing
The prosecution is arguing that a Supreme Court decision last week may make the re-sentencing of convicted murderer Cornelius Baker, scheduled to start in four weeks in Bunnell, if unnecessary.
Princess Williams Pleads Out in Attempted Murder of Carl Saint-Felix; She Faces 25 Years to Life
Princess Williams, 22, a former Flagler Palm Coast High School basketball player, was charged in October 2018 of attempted felony murder in the shooting of 19-year-old Carl Saint-Felix in Palm Coast, in a feigned drug deal.
Supreme Court Reverses Unanimous-Jury Requirement in Death Penalty, Raising Questions About a Flagler Case
The Florida Supreme Court said unanimous jury recommendations are not necessary before death sentences can be imposed, backing away from a 2016 decision. The ruling puts in question the case of Bunnell’s Cornelius Baker, scheduled for a re-sentencing in February.
Clerk of Court Prepares for 3rd Edition of Valentine’s Day Mass Wedding on Courthouse Steps
The third edition of the ceremony is again scheduled this year for high noon on Feb. 14, of course, as Clerk Tom Bexley’s innovation is becoming its own tradition, with music, goodies and a touch of wisdom.
Florida Senate on Brink of New Rules for Drug Offenses, Lowering Sentences and Restoring Judges’ Discretion
Under the new guidelines, judges would be allowed to consider shorter sentences and lower fines for drug-trafficking defendants who meet certain criteria. But the bill’s fate in the House is uncertain.
For Seven Days, Flagler Sees Florida’s Broken Death Penalty Machinery in Action
Though David Snelgrove was finally sentenced to life in prison rather than death this week, his trial shows how the 20-year ordeal in court could have been avoided with the same result two decades ago, had capital punishment not been on the table.
Death Row’s Cornelius Baker a No-Show at His Own Pre-Trial Ahead of Potential Reprieve
Lawyers and the judge in the re-sentencing case of convicted murderer Cornelius Baker focused on a lengthy questionnaire about the death penalty the defense planned to submit to potential jurors. The judge ordered the questionnaire significantly shortened.
Life in Prison Without Parole, Not Death, For David Snelgrove as 20-Year Ordeal Over Fowler Murders Ends
The seven-day re-trial over the penalty for the 2000 murders in Palm Coast’s B-Section was necessary because two previous verdicts were ruled unconstitutional. Today’s verdict means that years, maybe decades, of further proceedings will not be necessary.
Victor Williams, 43, Sentenced to 10 Years for Sex With 16-Year-Old Boy, and Hears Furious Earful From His Victim
Victor Williams was defiant to the end at his sentencing, while the victim’s 50-minute testimony described Williams as a “monster” who caused the victim’s life to spiral into depression, drugs, suicidal thoughts and self-loathing.
Grim Day for Snelgrove’s Defense as Prosecution Makes Largely Unanswered Case for Death
A jury tasked with deciding whether to recommend death for David Snelgrove saw a psychologist for the defense unable to convincingly show that Snelgrove is a simple-minded individual who could not weigh the severity of the double-murder of an elderly couple he committed in Palm Coast 20 years ago.