Wesley Jackson of Palm Coast’s B-Section was masturbating when the 4-month-old Chihuahua interrupted him last September, causing Jackson to brutalize and kill the dog known as Little Man.
Circuit & County Court
Grand Jury Indicts Ex-Elections Supervisor Kimberle Weeks on 12 Felony Counts Over Secret Recordings
A grand jury that convened Tuesday indicted Kimberle Weeks, the former Flagler County Supervisor of Elections on 12 felony counts of illegal interception and disclosure of oral communication, following a six-month investigation into allegations by county officials that she secretly and illegally recorded their conversations.
Employers Not Required to Have Defibrillators or CPR-Ready Personnel to Prevent Death, Florida Court Rules
In a case stemming from the fatal heart attack of a CSX railroad employee in Clay County, the 1st District Court of Appeal found CSX not to have been negligent by either lacking defibrillators, not providing CPR training to employees or not responding in time to the incident.
The FBI’s Hairy Evidence Sends Floridians to Prison on Unscientific Testimony
At least 42 Floridians have gone to prison on tainted FBI evidence, including one who was executed and as many as nine who remain on death row, after trials in which FBI “experts” gave testimony that the agency concedes to have been unscientific.
“It’s Called Punishment”: Judge Denies Clemency for Man Who Killed Benjamin Rossie in 2008 Crash
Peter Hamill, who killed Benjamin “Bo” Rossie in a car crash in the Hammock, told a judge that completing his probation was “more than I’m comfortable with,” a startling request Judge Walsh did not buy this morning.
James McDevitt Pleads Guilty as Charged of Rape, May Face Up to Life in Prison for Flagler Beach Attack
By pleading guilty, James McDevitt hopes to avoid life in prison had the case gone to trial. He’ll be sentenced in late May. The June 2013 incident took place in an isolated lot in Flagler Beach, but was witnessed by a neighbor.
Draft Lease With YMCA at Belle Terre Racquet Club May Be Ready in May, But First, a Trial
The Flagler schoolo administration has made steady progress toward a lease agreement with the YMCA to take over the Belle Terre Swim and Racquet Club, but a negligence lawsuit hanging over the club since 2012 may be heading for trial at the end of May or in early June.
As Sheriff Defends Cops’ Body Cams, Public Defender Warns Of Untenable New Work Load
Public Defender James Purdy agrees with Sheriff Manfre that cops’ body cams are a valuable addition, but he says neither his nor the state attorney’s office have the manpower required to review the data being generated by the cameras, and the Legislature isntt about to provide more money or attorneys to help.
Guilty of Being Poor: Across the Nation, Courts Shake Down the Destitute
From fines targeting the poor to civil asset forfeiture, courts have mounted odious means of seizing cash and property from people not charged with any crime and who can’t afford legal defense.
Palm Coast “Watchdogs” and Attorney Ordered to Pay County $3,100 Over Frivolous Suit
Eight weeks ago, Orfinger found in favor of Palm Coast government, ordering the same attorney–Josh Knight–and a different client–Dennis McDonald–to pay Palm Coast $15,900 as a result of a frivolous suit the city fought off.
Bi-Partisan Lawmakers Looking to Expunge Criminal Records of Non-Violent Juveniles
An Orlando Senator is sponsoring a bill that would allow the expunging of records for minors who commit nonviolent misdemeanors and go on to complete diversion programs.
Edmon Welch Sentenced to Life in Prison For Home Invasion and Battery on 88 Year Old
A jury had found Edmon N. Welch guilty of the home invasion and battery on Ray Mercer in August 2013. An accomplice Jody Medders, is already serving five years in prison.
Appeal Court Upholds Florida’s Ban on Open-Carry, But Case Appears Headed For Supremes
Dale Norman, a resident of St. Lucie County, was arrested at gunpoint for carrying an openly visible handgun in a holster, on his hip. Florida Carry Inc. took his case and has been fighting his conviction since.
Judge Orders Dennis McDonald and Attorney to Pay Palm Coast $15,900 Over Frivolous Suit
Circuit Judge Michael Orfinger’s order calls for the sum to be paid equally by McDonald and his attorney. The decision signals to local anti-government activists that governments will not leave certain attacks unanswered.
Legal Aid For Poorer Floridians Diminishing, Commission Starts Work on Seeking Fair Fix
With Gov. Scott opposed to moire funding, the 27-member Florida’s Commission on Access to Civil Justice will have to figure out how to provide additional funding for civil legal aid without simply asking for money from state legislators.
Judge Will Decide How Much of $18,000 McDonald and Attorney Owe Palm Coast in Frivolous Case
Palm Coast brought sanctions against Dennis McDonald and his attorney for filing a frivolous lawsuit in 2013, alleging, falsely, that the city was about to cut down trees around Palm Harbor shopping center.
Four Gay Couples Get Marriage Licenses at Flagler Courthouse in Quietly Momentous End to Long-Standing Prejudice
It was a quiet but significantly historic day at the Flagler County Courthouse as Florida’s ban on marriage equality ended across the state Tuesday and couples celebrated the issuance of same-sex marriage licenses ahead of marriage ceremonies after the three-day waiting period.
Federal Judge Orders Florida Clerks to Issue Gay-Marriage Licenses Across Florida Starting Tuesday
U.S. District Judge Robert Hinkle warned that clerks of court who refuse to comply with the ruling expose themselves to be a party to the suit, allowing successful plaintiffs to recover costs and attorneys’ fees.
4 Years In, Judge Dennis Craig Is Reassigned To Volusia and Replaced By Michael Orfinger
Craig has been reassigned to the civil division in Daytona Beach. He will be replaced in Flagler by Michael Orfinger, who was elected to the bench after running unopposed last summer.
Flagler Opens 1st Secure Site For Supervised Children’s Visits in Sally’s Safe Haven
It took three years and $400,000 from a federal grant, but on Monday county officials dedicated the safe haven in the old Bunnell Post office location, ensuring that parents don’t have to travel to Volusia or St. Johns to execute court-ordered, supervised children’s visitations.
In Reversal, Accused European Village Attacker Daniel Noble Found Competent to Stand Trial
Daniel Noble appeared ready to shoot his Uzi-style assault weapon at a crowd at European Village in March before he was wrestled to the ground. After being deemed incompetent to stand trial three months ago, a judge ruled today that trial can proceed.
Eric Niemi Is Sentenced to Life in Prison, No Parole, for R-Section Murder of Leonard Lynn
Niemi killed Leonard Lynn, his 72-year-old landlord, in a savage beating last year. The sentencing hearing reflected Niemi’s own demeanor: stark, almost shorn of emotions, dispirited, more matter-of-fact than anguished.
Guilty of 2nd-Degree Murder in Killing of 72-Year-Old Landlord, Erick Niemi Faces Up to Life in Prison
Erick Niemi, 43, of Palm Coast, killed Leonard Lynn, his 72-year-old landlord in the R-Section, by savagely beating and strangling him in May 2013, because Niemi felt he was being mistreated.
Joseph Bova, Found Incompetent to Stand Trial for Mobil Murder, Is Committed to State Hospital
Joseph Bova, the inscrutable and unnerving suspect accused of murdering Zuheily Roman Rosado in an execution-style shooting at the Mobil Mart in February 2013, will be committed to a state hospital.
U.S. Supreme Court Takes Up Florida Lawyer’s Appeal of Ban on Judicial Candidates’ Campaign Solicitations
Lanell Williams-Yulee was disciplined by the Florida Bar for violating a rule barring judicial candidates from soliciting money when running for judgeships. The U.S. Supreme Court may reverse that rule, affecting 30 states where similar bans are in place.
Michael Dunn Is Guilty of First-Degree Murder in Shooting of Jordan Davis as Jury Rejects Self-Defense Claim
Michael Dunn murdered 17-year-old Jordan Davis at a gas station in Jacksonville the day after Thanksgiving 2012, in a case that again put the focus on Florida’s Stand Your Ground law and racial implications.
“Sexsomnia” Case: Man Convicted of Molesting 7-Year-Old Girl Is Sentenced to 30 Years
Caleb Ruh, a 29-year-old Flagler County man accused two years ago of molesting a 7-year-old girl in his care, claimed he was asleep at the time. He faces life in prison when sentenmced on Sept. 29.
“You Are the Shining Stars,” Flagler’s Drug Court Graduates Are Told at Inspirational Ceremony
Five graduates joined today the 101 who have graduated from Flagler County Drug Court at a ceremony before Judge J. David Walsh, where emotions, celebrations and relief gripped much of the full house.
Shaun Whitt of Palm Coast Is Sentenced to Life in Prison For Serial Rapes of 11-Year-Old Girl
Shaun Whitt, formerly of Palm Coast’s F-Section, would assault the girl in her bedroom for more than two years after she turned 11, after her mother would go to work. He denied the allegations.
Judge Raul Zambrano Sentences Kentrell Johnson to Death For FSU Student Vincent Binder’s Murder
Vincent Binder’s mutilated body was found in a St. Augustine field in April 2010, weeks after he was murdered by three convicts escaped from a Louisiana prison. Two were sentenced to death, one to life in prison.
Reagan Assemblies’ “Watchdogs” Can’t Take Defeat: As One Suit Is Tossed, a Pledge to File Another
Just after a judge threw out a lawsuit this afternoon, the attorney for an obscure “Watchdogs” group said he’d file a new lawsuit alleging illegal conversations outside of meetings by county commissioners.
Appeals Court Orders City Government to Release “Shade” Meeting Transcript
In a highly critical opinion, an appeals court Wednesday ordered the city of St. Pete Beach to release a transcript of a closed-door discussion about the settlement of a lawsuit.
Skeptical Judge Grants Delay in “Watchdog” Suit Against County Over Old Hospital Buy
A suit by a group that calls itself the Flagler Palm Coast Watchdogs, raising a conflict of interest issue with a county commissioner during the Memorial Hospital buy last year, does not belong in circuit court, the county argues.
Trial Judge Denies “Stand Your Ground” Immunity Hearing For Marissa Alexander
The trial judge overseeing the case of Marissa Alexander, who faces 60 years in prison for firing a shot in a domestic dispute, has ruled that she is not entitled to a second immunity hearing under Florida’s controversial “stand your ground” self-defense law.
Find a Lawyer: Flagler Duo Launches Unique Web Venture Rating Attorneys’ Success Rate
CourtCaseResults.com, the brainchild of Trevor Tucker and Darren McGuire, is a freely accessible website that gives consumers full histories of lawyers’ success and failure rates in Flagler cases. Launched Monday, the site is gradually moving to include cases statewide.
Lawsuit and Ethics Charge Cite Flagler Commissioner Revels Ties to Business Associate in County’s Old Hospital Buy
A group calling itself the Flagler Palm Coast Watchdogs filed a lawsuit against Flagler County, seeking to stop construction on the old Memorial Hospital property slated to be the sheriff’s headquarters, and alleging that Commissioner Barbara Revels did not disclose owning shares in the bank run by one of the men who sold the hospital to the county for $1.23 million last August.
At Flagler Drug Court Graduation, Gratefulness Humbled By Clean Living’s Demands
Graduating in a ceremony at the Flagler County Courthouse Friday, drug court participants–most had suffered of prescription-drug abuse–spoke of lives changed by the demanding program, which keeps two-thirds of participants from re-offending.
This Time Palm Coast Shows Up in Court, But Source of Red-Light Camera Hitch Unresolved
Hundreds of red-light camera tickets issued by ATS, the private company running Palm Coast’s red-light camera system, end up undelivered, triggering court-issued citations and, often, suspended licenses, even though it’s neither the driver’s nor the city of Palm Coast’s fault–but rather ATS’s inability or unwillingness to better follow through on undelivered mail.
For 2nd Time in 6 Weeks, a Flagler Judge Declares Palm Coast’s Red-Light Camera System “Improper” and Issues Stern Order
After a hearing on red-light camera citations where Palm Coast was, inappropriately, a no-show, Flagler County Judge Melissa Moore-Stens on Wednesday ordered the city to show why it was circumventing the court’s authority by telling drivers they could settle their camera citations by directly paying the city rather than follow legally required steps–and pay fines–through the court system.
Grand Jury Declines to Indict Ex-Flagler Beach Cop Bobby MacDonald Over Wife’s Gunshot Wound, But Case May Remain Open for Years
A Flagler County grand jury found no probable cause to go forward with an indictment against Robert “Bobby” MacDonald, who brought his wife Kathy bleeding from the head, from a gunshot wound, to an ambulance in July 2012 in western Flagler County.
Judge Refuses to Revoke $400,000 Bond on European Village’s Would-Be Shooter; Bova Behaves
Daniel Noble, accused of attempted murder in the March 15 European Village incident, was in court today, as were the men who disarmed him, as prosecutor tried unsuccessfully to revoke his bond. Joseph Bova, the accused murderer of Mobil Mart store clerk Zuheily Rosado, was also in court, subdued this time, and is scheduled for a pre-trial hearing in May.
Judge Craig Indicts Palm Coast’s “Bad Faith” Red-Light Cameras and Exposes City’s Legal Flaws as He Contests Violation
In a half-hour hearing before Palm Coast’s red-light violations officer, Flagler Circuit Judge Dennis Craig on Thursday ridiculed the city’s guilty-until-proven-innocent standard as well as the council’s claim that cameras are intended to improve safety. The city dismissed his citation not on the grounds he raised, but by inventing a case of “prudent” driving that the evidence did not show.
Anthony Fregenti, Palm Coast Ponzi Schemer, Is Sentenced to 5 Years in Prison
Anthony Fregenti, 42, was sentenced to five years in prison, followed by twenty years’ probation and ordered to pay restitution of $3 million dollars to his victims. The Palm Coast man must pay $100,000 a year once he is released from prison and on probation.
Judge J. Michael Traynor’s Alarming Equivalence Between an Attempted Murderer and His Victim
When Judge J. Michael Traynor sentenced Nathaniel Juratovac to four years in prison for the attempted murder of Flagler County firefighter Jared Parkey last week, the judge managed to blame both men for the violent incident that led them to the courtroom, a stunning and immoral leveling of blame in a state that too easily excuses gun violence.
Ex-Flagler Beach Cop Juratovac Sentenced to 4 Years in Prison in Attempted Murder of Flagler Firefighter
Nathaniel Juratovac, the 41-year-old ex-Flagler Beach cop who twice shot an unarmed Flagler County firefighter in what was then termed a road-rage incident by the side of U.S. 1 was sentenced this afternoon to 51 months in prison in a plea agreement. Had he been convicted at trial, he could have faced up to 25 years in prison on the attempted murder charge.
Six Gay Couples and Equality Florida File Lawsuit in State Court Seeking Freedom to Marry
The lawsuit argues that Florida’s laws barring same-sex couples from marriage violate the United States Constitution by denying them the legal protections and equal dignity that having the freedom to marry provides.
Your Backpack Please: Florida Appeal Court Rules Legal Search Based on Anonymous Tip
A high school student who took a loaded gun to school argued that the search of his back-pack, based on an anonymous tip, was illegal. A 2-1 ruling of the Third District Court of Appeal disagreed.
Florida Sentencing Guidelines
Overview of Florida’s sentencing policies, guidelines, first, second and third degree felonies, life sentences.
Court Appearance Adds to Puzzles Behind Mobil Mart Murder Suspect as Victim’s Mother Looks On
A Tuesday court appearance by Joseph Bova II, accused of murdering Roman Rosado in an execution-style killing at the Mobil Mart on SR 100 in February, added to questions surrounding his case, including about his competence and a mysterious incident involving him that took place at the jail on Thanksgiving Day.
Hubert L. Grimes, First Black Judge in 7th Circuit, Will Retire After 25 Years on the Bench
Volusia County Circuit Judge Hubert L. Grimes, the first black judge to serve on County Court, will retire from the Seventh Judicial Circuit, effective Jan. 30, 2014, after 25 years on the bench. The Seventh Circuit includes Volusia, Flagler, St. Johns and Putnam counties.