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.
Circuit & County Court
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.
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.