Joshua Carver, 36, faces up to 30 years in prison if found guilty of the hit-and-run collision that killed Jonathan R. Rogers as he walked on State Road 100 a year and a half ago. The case the prosecution built today–and isn’t finished building–left little room for doubt that Carver knew he’d been in a grave collision that required him at least to pull over and call authorities, which he never did.
Circuit & County Court
Richard Dunn, Who Killed His Father in 2006, Back in Jail as ‘Bizarre’ Behavior Raises Concerns of More Violence
Richard Dunn, 60, was found not guilty by reason of insanity following the 2006 killing of his 87-year-old father, the famed Dr. Jack Dunn, in Palm Coast. Dunn had been inching his way back to full freedom without court supervision–until a series of weird and at times disturbing behavior in the last few months, including a probation violation, put a pause on all possibilities of full freedom.
Joshua Carver Goes on Trial on 1st Degree Felony Hit-and-Run Charge in Death of Jonathan Rogers on SR100
Jonathan Raymond Rogers was less than two weeks shy of his 30th birthday when he was killed as he walked on SR100, when Joshua Charles Carver’s van swerved and struck him. Carver kept going, claiming he though he’d just hit debris from a truck ahead.
Gov. DeSantis Reshaped Florida’s Appeals Courts. It Seems to Be Working Out for Him
The question is whether the conservative monoculture DeSantis and his predecessors have built within the judicial branch is willing to check excesses committed by the executive and legislative branches, which the Republican Party has dominated for decades. The question is being answered in the negative.
The Gardens Development Wins Key Battle as Court Finds County Commission Acted Properly in Clearing Project
Preserve Flagler Beach, the grass-roots group opposing The Gardens development on John Anderson highway, had sued the county commission and the developer, charging that the commission’s Nov. 16 decision clearing the way for the development was illegal. Circuit Judge Terence Perkins disagreed.
L’Darius Smith Is Sentenced to a Year in Jail Over Baseball Bat Incident, Ending Latest But Not Last Court Odyssey
The long, convoluted, at times controversial case of L’Darius Smith ended Friday with his sentencing to a year in jail for aggravated assault, burglary, theft, battery and the improper exhibition of a weapon in a pair of incidents that go back to early 2020 in Palm Coast, that touched on claims of racial prejudice and involved a stand your ground hearing that Smith lost.
Challenge to DeSantis’s Ban on Mask Mandates In Doubt Again as Appeals Court Reinstates Stay on Judge’s Decision
Pointing to “serious doubts” about the lawsuit, an appeals court Friday put on hold a circuit judge’s ruling that said Gov. Ron DeSantis overstepped his constitutional authority in a July 30 executive order aimed at preventing school mask mandates.
Stay on Mask Ruling Is Lifted, Enabling Local School Boards to Impose Mandate–Until the Next Ruling
Leon County Circuit Judge John C. Cooper today lifted the stay on his own ruling that declared illegal Gov. Ron DeSantis’s executive order banning mask mandates in schools. That opens the way for school districts to impose mandates if they wish–at least until the next step in the case’s legal journey.
An Arsonist’s Redemption: How Daniel Da Costa Avoided 35 Years in Prison on the Strength of His Own Recovery
Daniel Soares Da Costa, now 27, was facing 35 years in prison for setting fires outside a Publix off Belle Terre Parkway in Palm Coast 16 months ago. The story behind Da Costa’s act–his addiction, the loss of his father, and his recovery since his arrest all played into the prosecution’s and the judge’s leniency in a case illustrative of the judicial system’s rehabilitative side.
Lawmaker and Non-Profit Sue Department of Health Over Its Refusal to Release Previously Available Covid Data
The Florida Center for Government Accountability and House Rep. Carlos Guillermo Smith, an Orlando Democrat, late Monday sued the Florida Department of Health and Surgeon General Scott Rivkees over the department’s refusal to provide Covid-related statistical records it used to make public daily.
Is It a Crime to Forge a Vaccine Card?
When people are caught knowingly buying, selling or using false cards, the proof of guilt will often be clear. The real question is about the appropriate punishment. The law gives prosecutors and judges huge discretion on how to charge and sentence offenders.
Family Dollar Arsonist Pleads to Probation, New Sentencing Trial for Death-Row Inmate Cornelius Baker in Spring
Tonya Bennett had faced up to 30 years in prison fora first-degree felony arson charge. She will serve 10 years’ probation if the judge agrees to the plea terms. Cornelius Baker, sentenced to die for the murder of Elizabeth Uptagrafft in 2007, will get a new sentencing-phase trial sometime in spring.
Covid’s Casualties: Sheriff’s Deputy Paul Luciano Dies in Flagler, Circuit Judge Steven Henderson Dies in Volusia
Flagler County Sheriff’s Correction Deputy Paul Luciano was 60. Volusia County Circuit Judge Steven Henderson was 49. Both were still in their prime, at work as professionals and at home as family men. Neither fit the profile of Covid casualties, at least not of previous covid waves. Henderson died of the disease on Thursday at a hospital in Volusia County. Luciano died the same day at AdventHealth Palm Coast.
Judge Rules DeSantis Had No Authority to Ban School Mask Mandates or Punish School Boards That Adopt Masking
Judge John Cooper of the 2nd Judicial Circuit Court of Florida ruled today that Gov. Ron DeSantis had no legal authority under the recently-enacted Parental Bill of Rights to prohibit local school boards from adopting mask mandates that did not include opt-out provisions. The judge found DeSantis’s order “capricious” and not based in evidence, but rather based on an incomplete reading of the Bill of Rights.
Half of Florida’s Students Now in Districts Defying DeSantis Ban on Mask Mandates as Judge Readies to Rule
Circuit Judge John Cooper said he was “still wrestling” with the “sophisticated legal issues” presented in the case and promised to issue a verbal decision at 10 a.m. Friday. DeSantis on Thursday promised to appeal if Cooper does not side with the state.
As 8 School Districts Approve Mask Mandates, DeSantis Administration Argues in Court Against Them
As the legal battle plays out, eight school districts as of Tuesday afternoon had voted to require masks for students, with exceptions only for students whose parents submit doctors’ notes. The mask mandates in the eight counties cover an estimated 1.23 million students, based on state enrollment data from the 2020-2021 school year.
Palm Coast Man Accused of Shooting Into a Neighbor’s House Wants to Go Home. Judge Swiftly Says No.
The swiftness of Circuit Judge Terence Perkins’s decision, paired with the brief but wrenching testimony of one of the victims, was a passing illustration of how the casualness of gun wielding in a county where almost a fifth of adult residents have a concealed weapon permit at times results in severe consequences–and potentially deadly incidents, with continuing ramifications for all involved.
Man Who Killed Flagler Sheriff’s Deputy Chuck Sease in 2003 Wants Clemency, Half-Way of 35-Year Prison Sentence
Flagler County Sheriff Rick Staly and State Attorney R.J. Larizza have written the state clemency board stern letters opposing any commutation of sentence for Bruce Grove, the now-46-year-old former Palm Coast resident serving 35 years in prison for the killing of Flagler County Sheriff’s deputy Charles “Chuck” Sease in 2003 as Grove was eluding other deputies in a chase.
Judge Will Weigh DeSantis Order Banning Mask Mandates in Schools
A Leon County circuit judge has scheduled a hearing Friday in a lawsuit filed by parents challenging an executive order by Gov. Ron DeSantis that seeks to prevent school districts from requiring students to wear masks during the Covid-19 pandemic.
James Harris of Jimmy’s Hang 10 Will Remain in Jail Pending Trial as Judge Denies Motion for Bond
Circuit Judge Terence Perkins this afternoon denied a motion by James Harris’s attorney to release Harris from jail, on bond, pending trial on three charges of molestation involving his stepdaughter over what she says is a period of five years. She is 14. Harris is the 61-year-old owner of Jimmy’s Hang 10, the Flagler Beach restaurant, who was arrested on July 2.
FPC’s Shauntiana Stafford, 17, Killed Herself in 2019. Her Mother is Suing Flagler Schools, Charging Wrongful Death
Seemingly the first such lawsuit in recent decades in Flagler, the case opens a rare window into bullying issues behind normally restrictive student privacy laws, potentially revealing in detail the psychological and mental context of a student in the weeks and months leading up to her death, her relationship with school staffers, and the district’s responses in all its intricacies.
Life in Prison for Leon Wiley for Attempting to ‘Erase’ Step-Daughter Through 6 Years of Depraved Abuse and Sadism
55-year-old Leon Norman Wiley Jr.’s three-hour sentencing hearing today included victim impact statements of shattering details from the step-daughter he’d raped, impregnated and pimped out since she was 12, from her mother, and even from Wiley’s own parents, who had no illusions about the crimes he’d committed, though they asked for some mercy.
13-Year-Old Soccer Player Files Suit Against Florida’s Just-Enacted Ban on Transgender Girl Athletes
A 13-year-old Broward County soccer player and her parents are challenging a a new state law that bans transgender female athletes from participating on girls’ and women’s sports teams, arguing that it is unconstitutional and “ignores basic medical science” about trans students.
Leon Wiley Admits He Raped His Minor Step-Daughter for Years But Says Jury Was Wrong to Convict Him
Leon Norman Wiley Jr., 54, was found guilty by a jury of raping his stepdaughter since she was 12, but he argued today that he was owed a new trial because none of the abuse took place in Flagler County. The judge rejected the argument. Wiley is to be sentenced Friday to what may amount to life in prison.
No Acquittal This Time for For L’Darius Smith as Jury Convicts Him of Aggravated Assault in Race-Tinged Confrontation
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.
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.