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.
Circuit & County Court
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.
At Flagler’s Progressive Public Safety Council, a Farewell to Judge Walsh, and a Welcome to Foxman
The largely unheralded but powerfully representative Public Safety Coordinating Council was the scene of a passing of gavels of sorts Wednesday for Flagler County’s judiciary.
In “Fair Sentencing” Push, an Attempt to Reconsider Florida’s Get-Tough-On-Crime Laws
Fair Sentencing seeks to change laws of the 1990s, such as 10-20-Life, mandatory minimum sentences for drug offenses and habitual-offender laws, as other states have done.
Justin Boyles Gets Life in Prison for Murder of Ed Mullener, Ending Hammock Love-Triangle Case of Torture and Killing
Former Hammock resident Justin Boyles, who with accomplice Charles “Danny” Massey, tortured, murdered and burned Edward Scott Mullener in June 2013, was sentenced today (Jan. 29) to two life terms in prison without possibility of parole.
Case Against Man Accused of Animal Cruelty and Battery Starts Anew as He Reverses Plea
Shawn Higgins previously had agreed to plead no contest to charges of animal cruelty and domestic violence after allegedly forcefully throwing a dog on the floor and strangling an ex-girlfriend. He now has withdrawn his plea even though he faces potentially stiffer punishment.
Man Sentenced to 6 Years for Palm Coast Home Invasion, Accomplice Pleads for Mercy
Daniel Hall was sentenced today to six years in prison and 10 years’ probation for the August 2014 assault and burglary at an older woman’s home as his accomplice, Carisa Hall, has been pleading with the court to lessen her sentence.
Stacy Culotta, Who’d Sought Suicide-by-Cop, Pleads to 36 Months’ Probation
Stacy Culotta is the 36-year-old Palm Coast P-Section woman who last September was at the center of an attempted suicide-by-cop. She’ll serve probation and forfeit all weapons but serve no jail time.
In Case Against Kimberle Weeks, Tactical Motions Lead to Likely Turning Point in March
Ex-Elections Supervisor Kim Weeks’s attorney wants three separate trials on 12 felony counts, and to suppress a search warrant–a motion which, if granted, would unravel the case against Weeks.
Court Uphold 45-Year Sentence for Inmate Convicted of Rape and Robbery When 15
Continuing to grapple with decades-long sentences for juveniles who commit serious crimes, a divided state appeals court refused Monday to order a new sentence for Thomas Kelsey, now 28, but asked the Supreme Court to take up the question.
Rebecca Lawless, 26, Faces DUI Manslaughter Charge in Death of Diane Upton on SR100 Last Year
Lawless, a Palm Coast resident, turned herself into the Flagler jail almost a year to the day when she ran a red light and slammed into Diane Upton’s car, killing Upton and injuring two family members.
Voodoo Man Found Not Guilty in Machete Attack But Still Faces Murder Conspiracy Charge
Jurors found Roodlyn Mompremier not guilty in an alleged attack on his girlfriend’s brother two years ago in Palm Coast, but the two-day trial didn’t end it for him: he still faces a charge of conspiring to commit second-degree murder.
Owners of Dog the County Declared Dangerous for Attacking Child Appeal to County Court
A rare and controversial case involving a dangerous-dog declaration after the dog bit an 8-year-old child enters a new phase, starting with a request from the dog owners that county court determine how the appeal is to proceed.
Repeat Child Molestor Sentenced to Life, Drunkard Faces 15 Years in Killing of Laura Hrobsky
Meshac Abentego, 43, was sentenced to life for molesting a 9-year-old girl, and Sandra Dee Heilman, 44, faces 15 years in the DUI killing of Laura Hrobsky, in November 2012 on Beville Road in Volusia County.
Palm Coast’s William Pedersen, 63, Pleads Child-Rape Charge Down to Molestation, Will Serve 2 Years in Prison
William Pedersen, a 63-year-old resident of 9 Wheaton Lane, had been accused of raping and molesting a close relative when she was between 5 and 12.
In Trial Day 2, Case Against Publix Falters Over Credibility and Tempers of 2 Main Witnesses
Robert Barry ‘s claim of wrongful termination against Publix frayed Wednesday as his temper and questionable veracity proved to be his biggest liabilities, with Publix’s witnesses yet to take the stand Thursday.
Michael King of the Mondex Sentenced to 10 Years in Prison For Soliciting 3 Under-Age Girls on Facebook
Michael King had created a fake Facebook account and solicited girls in the same neighborhood. He’d refused a plea deal that would have kept him in prison only three years.
Driver at Origin of 2 Wrecks That Killed 6 People is Fined $1,000 and Loses License
Roy White, 39, was found to have caused the wreck on I-95 in Palm Coast in June 2014 that killed two people, and that caused a back-up that led to a second wreck in which four people died.
Case Dismissed: No Penalty Against Brian Szmitko, Responsible for Death of Elisa Homen in Whiteview Wreck
Because of a technicality on the careless driving citation, Szmitko walked off free of any penalty or so much as points on his license for the crash, let alone a license suspension.
Not So Fast on Killing Teddy: Conservationists File Suit to Stop Bear Hunting in Florida
With permits for this fall’s hunt going on sale Monday, the Seminole County-based group Speak Up Wekiva filed a lawsuit in Leon County circuit court Friday challenging the constitutionality of the Florida Fish and Wildlife Conservation Commission-approved bear hunt.