A three-judge panel of the 1st District Court of Appeal said prosecutors presented sufficient evidence to rebut Michael Dunn’s claims of self-defense in the 2012 shooting of 17-year-old Jordan Davis.
Circuit & County Court
“Shoddy Police Work” Helps Bunnell Man Facing Life in Prison Turn Trial In His Favor
Grant Gieger, 30, accused of armed burglary and other violent charges, was found guilty on minor charges instead as the case against him appeared to fall apart because of “shoddy police work,” according to his attorney.
Musical Chairs Continue as Flagler Will Have 5th Different Criminal Court Judge in 7 Years
Circuit Judge Matthew Foxman, in Flagler less than a year, is being reassigned to Volusia County, and will be replaced by Judge Dennis Craig, a Flagler resident who’d previously presided over civil and family court law.
Hammock Man Who’d Attacked 2 Ex-Roommates With Rifle and Hammer Sentenced to 10 Years
Paul Hillman, 44, had attacked George Carnarius, 64, calling him “the devil,” and Linda Warrell, 55, in the Shady Lane house they’d all shared until July 2015. But Warrell had urged against sending him to prison, saying–as the court agreed–that he suffers from a mental illness.
In DUI Case that Killed Michelle Roberts on Belle Terre, an Unprecedented Offer to Avoid Prison Is Rejected
Richard Kelley, who was driving with Roberts and her daughter when they wrecked in January 2014 at Pine Grove, wants the offer further sweetened to a deal that would still let him eventually drive again. It was not his first DUI charge, and he was driving on a revoked license.
Everyone Else Ready for Trial, Man Accused of Child Rape Asks, and Gets, Delay and New Lawyer
John J. Schenone, 33, of Palm Coast, accused of raping the 11-year-old daughter of his then-girlfriend, claimed his court-appointed lawyer had a conflict of interest with another molester she is defending, and was granted a new lawyer and court date.
Zaire Roberts, 17, Gets 7 Years in Prison in Shooting of Phillip Haire in Palm Coast Last Summer
Zaire Roberts was 16 and Phillip Haire 18 when they got in a fistfight on an L-Section street in Palm Coast and Roberts shot Haire twice in July 2015. Haire today pleaded for mercy on behalf of Roberts.
Long-Time Jeweler Robert Zetrouer Sentenced to 25 Years for Raping Child He Blamed
Palm Coast Jeweler Robert Zetrouer, 65, blamed the 13-year-old girl he raped and claimed he assaulted her only to prepare her for boys: that evidence was revealed today just before he was sentenced to what amounts to a life sentence in prison.
Judge Allows European Village Shooter Daniel Noble to Seek Help in Indiana Pending Trial
Daniel Noble, an Iraq and Afghanistan war veteran, brandished an assault weapon and fired two shots at European Village before being wrestled to the ground in 2014. He’s been in treatment since, awaiting trial on assault charges.
Flagler Veterans Court Pitch Framed in Crude Attack on Court System by DeSantis Envoy
Randall Stapleford, a part-time staffer for Rep. Ron DeSantis, questioned the veracity of a Flagler County judge and leveled repeated attacks at Chief Judge Terence Perkins for allegedly delaying information related to a potential veterans court during a Flagler County Commission workshop Monday.
Ex-Cop Stavris Pleads, “I Wouldn’t Make It Out of State Prison,” and Gets 3 Years for Lewd Facebook Use Involving Children
Ex-Bunnell cop Michael Stavris had fabricated a Facebook page under his girlfriend’s daughter’s name, solicited boys’ naked pictures and said he wanted to break up his daughter’s relationship because she was dating a black boy.
Anna Pehota Is Found Guilty of 2nd Degree Murder in Husband’s Killing and Sentenced to Life
A surprisingly quick verdict reflected the jury’s belief that Anna Pehota had killed her husband with intent, even though there’d been no argument or abuse that day, only her fear that he’d leave her.
2nd Trial Day Curdles for Pehota as 3-Hour Tape Shows More Resolve Than Remorse in Husband’s Killing
The defense rested without calling a single witness in Anna Pehota’s murder trial today, and what dementia issues may have played a role in her husband’s killing could not be introduced before the jury. Closing arguments are Friday morning.
Circuit Judge Mark Hulsey Faces Allegation of Racist and Demeaning Comments
Hulsey “offhandedly observed” to an aide that African Americans “should go get back on a ship and go back to Africa,” according to the notice of charges, and of of referring to a female staff lawyer as a “bitch” and worse.
“A Hair Between Sanity and Insanity”: Pehota’s Anguished Account of Killing Husband Marks 1st Trial Day
A video interview of Pehota describing the killing of her husband and the circumstances surrounding it underscored the first day of her trial. She faces a second-degree murder charge. Nothing happened today to shake an aura of sympathy–even empathy–around Pehota.
In Jury Selection for Anna Pehota Trial, Pronounced Sympathies for the Killer
Anna Pehota, 76, facing a second-degree murder charge for shooting her husband in the Hammock last September, is benefiting from inherent sympathy going into her trial, which began with jury selection Monday and starts in earnest Wednesday.
Challenge to Florida’s DUI Breath Test May Be Moot After U.S. Supreme Court Ruling
A majority of the U.S. Supreme Court said a law similar to Florida’s, in Minnesota, allowing breath tests for DUI, does not violate the U.S. Constitution’s Fourth Amendment, which bars unreasonable searches and seizures.
Trial in Gas Station Murder Likely in Late Summer But Suspect, On Meds, Still Unpredictable
Joseph Bova, the impenetrable 28-year-old suspect in the execution-style murder of a Palm Coast’s Zuheili Roman Rosado at a gas station in 2013, appeared in court today for the first time in almost a year, stable but still hinting at the unpredictable.
Victory for Sunshine Law Rather Than Weeks as Judge Tosses 3 of 12 Charges Against Ex-Elections Supervisor
A judge ruled that three of the 12 felony counts against Kimberle Weeks related to a recording that had already been disclosed at a public meeting. Sharing the recording therefore could not illegal after that, even if the recording itself was.
All Charges Dropped Against Charlie Faulkner in Tendentious Arrest Over Political Sign Removal
The case triggered an outcry, not least from Faulkner, his family and his lawyer, who termed the arrest and jail booking of the 63-year-old engineer an overreach by a sheriff’s deputy.
Counting the Days, Anna Pehota, Who Killed Husband in Hammock, Welcomes Trial in July
The trial of Anna Pehota, 76, who faces a second-degree murder charge for shooting her husband dead in October, goes on trial on July 18, a date Judge Matthew Foxman said is immovable.
Lawsuit Against Palm Coast’s Golden Corral Alleges Sexual Harassment of 17-Year-Old Girl
The lawsuit and the company’s response raise questions about the extent of a company’s responsibility in protecting its employees from undue hostility and differentiates, in the company’s view, between issues involving peer-employees as opposed to employees and their supervisors or superiors.
Three Years On, Palm Coast Resident Sues Sheriff’s Office Over Wreck With Patrol Car
The t-bone crash involving sheriff’s deputy James Gore, who was going through a red light while answering a call, and E-Section resident John Mitchell at Pine Lakes Parkway and Palm Coast Parkway on Oct. 31, 2013.
Attorney Again Asks for Bova, Accused of Mobil Mart Murder, To Be Declared Incompetent
It’s been almost year since Joseph Bova II’s last appearance in court, but his attorney says he has deteriorated since and should again be judged incompetent to stand trial. His next hearing is scheduled for early July.
Profiling By Computer in Florida: What Algorithmic Injustice Looks Like in Broward
Courtrooms are using computer programs to predict who will be a future criminal, informing decisions from bail to sentencing. Meant to be fairer than human biases, one such program in Florida is particularly likely to falsely flag black defendants as future criminals, wrongly labeling them this way at almost twice the rate as white defendants.
Neighbor Dispute Over Bird Nesting in Palm Coast’s C-Section Escalates Into Lawsuit
Bryan Streetman’s neighbors on Collingwood Lane accuse him of disturbing the neighborhood’s peace and privacy by busing a drone, laser lights and screeching noises to scare off Purple Martin birds as they nest.
NRA Pressuring Gov. Scott to Block Rep. Charles McBurney’s Bench Bid
McBurney, R-Jacksonville, angered Second Amendment advocates during this year’s legislative session when his committee did not move forward with a measure tied to the state’s “stand your ground” self-defense law.
Ex-Traffic Homicide Prosecutor Ray Lee Smith Joins Flagler Bench as Family Law Judge
Smith, 43, a Ponte Vedra Beach resident, will preside over family law cases. He fills the vacancy created by the retirement of Judge J. David Walsh earlier this year.
Flagler Takes 1st Step To Pot Decriminalization With Broad Agreement on Principle, Less So on Details
All of Flagler’s major law enforcement and government agencies agree that marijuana decriminalization for first-time offenders is a good idea. The county next will develop an ordinance all can agree on. That step may be more difficult.
Dacotah Clarke Sentenced to 15 Months in Prison Over Armed Robbery
Dacotah Clarke, 19, was sentenced Monday to 15 months in state prison by Circuit Judge Matthew Foxman after pleading guilty to armed robbery on Sept. 5 in Flagler Beach.
South Florida Judge Declares State’s New Death Penalty Law Unconstitutional
While the decision is not necessarily controlling in Flagler County and the rest of Florida, it again muddies the fate of a law barely eight weeks old, and further sheds a harsh light on Florida’s outlier system of executions.
Florida’s Death Penalty Alive and Willed as Guzman Is Sentenced to Die For 3rd Time in Daytona
A jury in Daytona Beach today voted 11-1 to recommend death for James “Chico” Guzman in the hacking to death of David Colvin, 48, at a motel on Ridgewood Avenue on Aug. 10, 1991.
As Trial Is Set In 65-Year-Old’s Alleged Sex Assaults of Girl, 13, Some Evidence in Limbo
Robert Zetrouer, 65, faces three 2nd-degree felony counts in the sex assaults of the 13-year-old daughter of his then girlfriend in Palm Coast, but lawyers agreed to possibly exclude some testimony involving the girl’s brother in the early portion of the trial, set for July 18.
Palm Coast Man Accused of Slamming 4 Year Old to Ground Is Committed to State Hospital
A judge today determined Christopher Williams, 22, incompetent to stand trial just yet, but his commitment to a psychiatric hospital may be temporary. The judge will reevaluate his condition at an undetermined date.
Jonathan Canales, Accused of Shooting His Wife in Mondex, Will Not Face Trial Just Yet
Committed to a psychiatric hospital a year ago, Canales, a PTSD-suffering Iraq veteran, was judged still incompetent for trial in alleged shooting of Tiffany Norman, but today’s hearing suggested that such a trial is now a matter of time.
Waldemar Rivera Sentenced to 25 Years in Prison Over Step-Daughter’s Rape
Waldemar Rivera, 37, was sentenced last month in a rape of his 13-year-old step-daughter in their P-Section home in Palm Coast. Judge Matthew Foxman expressed surprise at the contrasting demeanor of Rivera in court with that of the man being sentenced for the crime.
Right to an Attorney Often a Myth as Public Defenders Are Overworked and the Poor Bullied to Plea
There is a lack of funding for public defense in every state, and people charged with low-level misdemeanors, often poor minorities, suffer the most as public defender offices focus their few resources on felony cases.
Anna Pehota’s Defense Takes Fresh Turn Down Memory Lapse in Husband’s Killing
An unexpected statement by Pehota, 76, who faces a 2nd degree murder charge, that she doesn’t remember her interrogation opened the way for a defense on psychological grounds, and a request for a delay in her trial, initially scheduled for next week.
Palm Coast Man Who Shot Wife With AK-47 Continues to Fight His 25-Year Sentence
William Carson Merrill shot and killed his wife as he played with the assault rifle in their home four years ago. He is battling in court for a new trial, arguing that he tendered an involuntary plea to the manslaughter charge.
Criminal Immunity: Prosecutors Are Rarely Punished for Mistakes and Misconduct
The Innocence Project alleges that prosecutors across the country are almost never punished when they withhold evidence or commit other forms of misconduct that land innocent people in prison.
Retreating from Confession in Husband’s Killing, Anna Pehota Vies for Trial: “I’d Rather Take My Chances”
Anna Pehota, 76, had previously confessed to killing her husband in the Hammock last fall, but has since withdrawn her confession and seeks a defense on a second-degree murder charge.
Palm Coast Man Who Avoided Prison in Child Porn Case Is Sentenced to 1 Year Over Gun
Paul Stout, formerly of Palm Coast, had avoided prison when he was placed on 10 years’ probation for possession of child porn last year, but his possession of a .380-caliber gun as a felon sent him to prison.
Palm Coast’s Karl Westgate, 19, Dies in Prison 7 Weeks After Sentence for Child Rape
Karl Westgate, sentenced last summer to 25 years for raping an 11-year-old girl, died in prison 48 days after his incarceration, and five weeks after writing a Flagler County judge to say that his plea had been coerced, and that he wanted his case re-opened.
Court Upholds Prohibition on Married Couple Claiming 2 Separate Homestead Exemptions
Whether in state or out of state, the Florida appeals court found that the plain language of the law meant that only one homestead exemption was allowed, regardless of location.
Waldemar Rivera Found Guilty of Raping His Step-Daughter
The case against Waldemar Rivera went to the jury this morning after two hours of closing arguments that painted two radically different portraits of the same 13-year-old girl who claimed she’d been raped by Rivera, her step-father.
Startling Advice From Judge to Defendant in Rape Case: “I’m Telling You Now, It’s Not Going Well”
After the alleged victim testified, several times in tears, Judge Matthew Foxman suggested to Waldemar Rivera, who is accused of raping his 13-year-old step-daughter, to talk to his attorney, intimating a plea or a change in strategy, as Rivera’s first day of trial went mostly and seriously against him.
In Step-Father’s Rape Trial, Defense Hinges on Doubts Over Credibility of 13-Year-Old Girl
Waldemar Rivera, on trial over accusations that he raped his 13-year-old step-daughter, is hinging his defense over sowing doubts about the accounts of his step-daughter, who was 13 at the time of the alleged attack.
In a Child-Rape Case, Fair Questions Are Weighed Against Inadmissible Evidence
Waldemar Rivera is accused of raping his 13-year-old step-daughter. A hearing today tested the boundaries between justified questions and blaming the victim as a judge ruled on witness statements and what sexual histories may be admitted when the trial resumes next week.
For 1st Time in 9 Years, Bonding Out of Jail in Flagler Made More Expensive for Most Suspects
The new bond schedule in some cases doubles bonds or eliminates them for many offenses, but the schedule applies for only a brief period between arrest and first appearance before a judge, when any amount bond (or no bond) can be set.
As Judge Calls Pot Laws “Harsh,” Sheriff and Public Defender Will Propose De-Criminalization Ordinance
Flagler Sheriff Jim Manfre and Public Defender Jim Purdy will craft a proposal to de-criminalize pot and move to a civil citation program. The proposal will first be vetted by the Public Safety Coordinating Council before heading for the county commission.