Pointing to a study of judicial workloads, the Florida Supreme Court this week recommended adding 50 judges across the state. Under the recommendation, the state would add 23 circuit judges, 25 county judges and two judges on the 6th District Court of Appeal. The 7th Judicial Circuit, which includes Flagler, Volusia, St. Johns and Putnam Counties, was found to need two additional circuit judges but no additional county judges.
Circuit & County Court
As Trial Is Set for Man on Charges of Raping His Granddaughter, Judge Asks: “You Want To Put Her Through That?’
Michael Wayne Jennelle is a 53-year-old Palm Coast resident. He’s been at the county jail for the last year and a half. Earlier this week Circuit Judge Dawn Nichols set his trial for Jan. 13 on charges of raping and molesting his granddaughter for several years when she was between 7 and 10. No plea appears forthcoming. Reflecting on two “compelling” one-hour interviews of the child, the judge asked Jennelle whether he was willing to put the child through the trauma of trial. He unhesitatingly said he was.
A Furious Judge Puts 34-Year-Old Suspect and His Family ‘On Notice’ in Bizarre Aggravated Stalking Case
Zachary Tuohey, 34, is facing a felony charge of aggravated stalking after an injunction. He was arrested in October for repeatedly violating an injunction by continuing to send communications to the alleged victim. The case’s bizarre turns and the maneuvers by the defendant and his family to avoid another jailing illustrate how difficult it can be at times for authorities, including the court, to ensure that victims of harassment or stalking,
Stephen Monroe and Derius Bauer Will Risk Trials and Life in Prison Even as 4 Co-Defendants Folded
Over the past year, Stephen Monroe and Derius Bauer have seen all their co-defendants in murder trials take pleas and agree to long prison sentences, including 55 years and life in prison in two cases. Bauer and Monroe are both up for capital murder charges stemming from unrelated killings. If they’re convicted at trial, they would face mandatory life prison terms without parole. Neither wants to deal. Their trials were scheduled today.
Prosecution Seeks Death Penalty For Jermaine Williams, Who Stabbed Wife to Death in Bunnell
Assistant State Attorney Jason Lewis told the court today the state filed notice that it will seek the death penalty against Jermaine Williams, the 52-year-old Bunnell resident who stabbed his wife Yolonda Williams to death outside their home on Pine Street the morning of Aug. 2, as one of the couple’s sons, 14 at the time, tried to intervene and implored his father to stop.
Judge Denies New Trial For Brian Pirraglia, Serving Life for Friend’s Lethal Overdose
The defense attorney for Brian Pirraglia, sentenced to life in prison after a trial two weeks ago for the lethal fentanyl injection of his friend Brian O’Shea, argued that a juror was improperly seated, and that that the verdict was misdirected. A judge today denied the motion.
Charging 1st Degree Murder for an Overdose Death Is Indefensible
A charge of first-degree murder requires premeditation. Florida’s law charging first degree murder for causing a death by overdose does not. It relies on assumptions and entirely negates the user’s responsibility. The law was intended as a deterrent. But in Florida, overdose deaths have increased sixfold in 25 years. The law beings neither deterrence nor justice in a crisis that will not be solved by sending people to prison for life.
After Losing Her Mother and Grandmother, Crash Victim Extends Kindness to Driver as He Is Sentenced to Prison
Shana Sciortino, was 41 when she and her grandmother were severely injured and her mother Debra Ashrafi was killed in a head-on crash with a car John Garrison, 50, was driving just outside Bunnell two years ago. Garrison was sentenced to three years in prison today, a lenient sentence. Sciortino had agreed to the lenience, and today in court she spoke kindly to him even as she described the grief and loss he has caused.
Seminole County Judge Wayne Culver Faces Suspension Over Abusive Behavior in Court
In a long-running case, the Florida Supreme Court agreed to a public reprimand and 60-day suspension for a Seminole County judge because of events that took place in 2022. An investigative panel of the Florida Qualifications Commission in 2022 recommended similar discipline for Seminole County Judge Wayne Culver.
Ex-Gang Leader Brandon Washington Loses Latest Appeal After Claiming Undelivered Mail
Ex-Bloods gang leader Brandon Washington has nothing to lose: he’s serving four life terms in prison in Okaloosa. So he keeps trying to get a break on his sentence. And he keeps losing. His latest loss was earlier this month as a judge rejected his claim that he was unjustly denied an appeal because mail wasn’t delivered to him.
Revealed: Behind Closed Doors, Palm Coast Council Was Hoping to Lose Lawsuit Over Debt Referendum
The transcript of a closed-door session of the council, obtained by FlaglerLive, shows that a majority of the council, and the attorney they’d hired to fight the lawsuit, were rooting for the judge to rule against the city in a lawsuit to pull the proposed debt referendum from the ballot–or at least thought that to be the best case scenario for the city. The city’s primary aim was no longer hoping for any kind of electoral success for the measure (which failed decisively), but avoiding liability for the city.
Drug Court Graduation During Addict’s Murder Trial Draws Thin Line Between Abyss and Recovery
Four participants in Flagler County’s Drug Court graduated Thursday in a ceremony presided over by Circuit Judge Dawn Nichols, with Retired Judge Terence Perkins, in unique circumstances: the ceremony took place in the same courtroom where a murder trial was ongoing, with the jury deliberating over the fate of a drug abuser and dealer, whose shot of fentanyl killed another man. The juxtaposition of the two events sharpened the thin line between loss and recovery for substance abusers.
Found Guilty, Brian Pirraglia Is Sentenced to Life in Prison for Brian O’Shea’s Death by Fentanyl, a First in Flagler
A jury found Brian Piraglia, 42, of Palm Coast, guilty of murdering Brian O’Shea, 39, whom he called his best friend, by injecting him with a fatal dose of fentanyl in 2022. Circuit Judge Dawn Nichols immediately sentenced him to life in prison–a first in Flagler County history for such cases. O’Shea’s mother and sister reflected on the trial and the loss of their son and brother afterward.
Now Up to Jury to Decide If Brian Pirraglia Deserves Life in Prison for Overdose Death of ‘Best Friend’
After three days of trial that ended short of a verdict this afternoon at the Flagler County courthouse, a 12-member jury will deliberate Thursday morning on the first-degree murder charge against Brian Pirraglia, 39, in the death-by fentanyl of 38-year-old Brian O’Shea in their B-Section house in Palm Coast in 2022. If convicted, Pirraglia faces life in prison.
Justin Maddox, 31, Indicted on Capital Murder Charge in Drug-Overdose Death of Jeremy Kocorowski
A Flagler County grand jury on Thursday indicted Justin Maddox, a 31-year-old resident of 51 Pepper Lane in Palm Coast, on a capital felony murder charge in the drug-overdose death of 40-year-old Jeremy Kocorowski of Bunnell in March. Kocorowski had a daughter.
Ten Years in Prison for Palm Coast Man Who’d Filmed His Own Rape of Unconscious Girlfriend
Lloyd Allen Parrish, a 62-year-old resident of Radcliffe Drive in Palm Coast, is being held without bond at the Flagler County jail on a first-degree felony rape charge and a lesser charge of video voyeurism after his girlfriend of 17 years saw him on video sexually assaulting her while she was unconscious.
Daniel Rodriguez, 27, Rejects Plea, Opting for Trial and Risk of Life in Prison in Molestation of Young Boy
Circuit Judge Dawn Nichols tried in several different ways and in the gentlest, most realistic and objective terms to impress on Daniel Rodriguez that the evidence against him is overwhelming, that perhaps a trial was not the best choice he could make. Rodriguez, who’d refused to be brought to court (he “wasn’t feeling well”) and spoke to the judge through a video connection, wouldn’t budge. He wants a trial on charges of raping and molesting a minor.
For Ex-Montessori School Owner Kerri Huckabee, 30 Days in Jail and 3 Years Probation Over Attacks on Neighbors
Kerri Anne Huckabee, the 55-year-old Flagler Beach resident and former Montessori school owner arrested 14 months ago on felony charges after attacking and destroying her neighbors’ surveillance cameras in the culmination of chronic hostility toward them, was sentenced today to 30 days in jail and three years on probation in a plea agreement that reduced the charges and closed the case.
81-Year-Old Man Killed in Car Collision on Royal Palms and U.S. 1 Was 5th Pedestrian Killed This Year in Flagler
An 81-year-old Palm Coast resident on foot was killed in a collision with a car as he was crossing the road at U.S. 1 and Royal Palms Parkway early Saturday morning. The 20-year-old Daytona Beach man driving the car suffered minor injuries, according to the Florida Highway Patrol. The victim is the fifth pedestrian killed on Flagler County roads so far this year, representing a third of all road fatalities.
Palm Coast Debt Referendum Will Be Counted as Judge Rules Ballot Language Unambiguous
Circuit Judge Chris France this morning issued an order denying a motion to nullify the Palm Coast City Council’s referendum that, if approved, would remove limits on the city’s borrowing and leasing authority. The decision is a victory for the City Council, sharply divided though it is about it and pyrrhic though the victory may end up being, if the referendum fails and sours voters on a subsequent attempt to pass one with less controversy and more clarity.
Judge France Will Rule on Whether to Nullify Palm Coast’s Debt Referendum Before Close of Election Day
With Election Day four days away, Circuit Judge Chris France today said he will rule before Tuesday evening after hearing arguments in a citizen’s challenge of a controversial ballot proposal that would remove borrowing limits on Palm Coast.
Texts Show Ed Danko Seeking to Recruit Resident to File Lawsuit Against His Own Council’s Debt Referendum
Dozens of texts Palm Coast Councilman Danko exchanged with a Palm Coast resident who was willing to be the plaintiff in a lawsuit show to what extent Danko was strategizing against the a referendum that would facilitate city debt. Texts show Danko predicating at least one council vote’s outcome on a lawsuit, discussed lawyers, sought information from his potential recruit and spoke of “our lawsuit.” A friend, Alan Lowe, eventually filed the lawsuit. Council member Theresa Pontieri says Danko’s involvement is a “blatant” conflict.
Flagler Government’s Former HR Manager Sues the County, Describing Hostile and Indifferent Environment
Samatha Whitfield, the former human resources manager for Flagler County government, is suing the county in a whistleblower action, claiming she was terminated last summer in retaliation for reporting violations of rules and misconduct by one of her colleagues, to which the county administration responded with indifference.
Two Flagler Beach Residents Prevail Over Veranda Bay’s Parent Company, Ending 5-Year-Old Defamation Suit
Sunbelt Land Management, the company affiliated with the Veranda Bay development on John Anderson Highway, has lost a defamation suit the company filed in 2020 against Sallee Aernoff and Ken Bryan, two Flagler Beach residents who spoke up about its land-clearing practices. Circuit Judge Chris France, in a strong opinion in defense of expression on public issues free of intimidation, granted the two residents’ motion for summary judgment last week.
Palm Coast Belies Its Own Council Members’ Statements As It Claims Debt Referendum Is ‘Clear and Unambiguous’
Sharply divided though it’s been over the matter, the Palm Coast City Council is opting to fight a lawsuit that seeks to invalidate a proposed charter amendment at the Nov. 5 election, filing an answer to the lawsuit that seeks its dismissal primarily on technical grounds. The city’s answer that the ballot language is “clear and unambiguous,” however, directly contradicts what a majority of the council has said about the language.
After Closed-Door Meeting, No Sign Palm Coast Is Settling Ballot Referendum Litigation, Which May Go Past Election
Signals from Thursday’s closed-door meeting of the Palm Coast City Council suggest that the city appears not ready to settle the lawsuit over the ballot referendum on a charter amendment that would allow the city more freely to borrow money and enter into lease agreements. If the referendum fails, the case would be moot. If it succeeds, it won’t be the end of litigation: at least twice before courts have invalidated such referendums in Florida well after the vote was certified, and those challenging the measure intend to keep challenging it even if it succeeds at the polls on Nov. 5.
Miami Circuit Judge Alberto Milian Reprimanded
An investigative panel of the Florida Judicial Qualifications Commission recommended a reprimand for Circuit Judge Alberto Milian, according to documents posted on the Florida Supreme Court’s website in June.
Florida Court Rules It’s OK to Shoot a Dog in Stand Your Ground Situation
In a case stemming from a man who killed a pit bull when he and his Chihuahua felt threatened, an appeals court ruled Wednesday that Florida’s “stand your ground” self-defense law can apply to cases involving animals. A three-judge panel of the 4th District Court of Appeal said a Palm Beach County circuit judge improperly denied a stand-your-ground immunity hearing for Cassanova Gabriel, who was charged with crimes including cruelty to animals.
Settlement Offer Gives Palm Coast Council Chance to Pull Embattled Debt Referendum from the Ballot
The Palm Coast City Council is holding a closed-door meeting at 3 p.m. on Thursday at City Hall to consider a settlement offer in the lawsuit challenging the veracity of the city’s debt referendum on the Nov. 5 ballot. The offer proposes that opposing sides agree to end the lawsuit and not count the results of the referendum, which will still appear on the ballot. The city would not owe the opposition attorneys’ fees.
On an Unsettled Day, Judge Dawn Nichols Brings Order to Court as She Begins Post-Perkins Tenure
A week after Terence Perkins’s retirement, Circuit Judge Dawn Nichols walked into court at 1:35 this afternoon, wished the lawyers, a half dozen inmates inmates and a dozen people in the gallery a good afternoon, and got to work with pleas, a couple of sentencing hearings, bond and status hearings with workmanlike cheer and speed just shy of breathless.
Same ‘Horrid’ Conditions, Different House: Parent of 5 Arrested 4 Years Ago for Child Neglect Charged Again After Toddler Wanders
Five years ago Nicolas Carter and his wife were arrested and charged with felony child neglect after authorities got complaints about the couple’s Espanola home. The couple was living with five young children in conditions lamentable beyond description. On Friday, Carter was arrested again on a similar charge, felony child neglect, and a misdemeanor charge of obstruction after one of his children–a toddler who was apparently born after the incident four years ago was seen wandering in the street, unattended. The house was in conditions similar to the one in Espanola.
The Fireman’s Son: Flagler County’s Even-Handed, Learned Judge Terence Perkins Retires
Circuit Judge Terence Perkins retires today after six years as Flagler County’s chief judge and 14 years as a judge in the Seventh Judicial Circuit, including stints as chief judge. In a long interview with FlaglerLive, Perkins reflected on a storied career that included a private practice at a firm he co-founded with colleagues, almost all of whom went on to become circuit or appellate judges, on the purpose of local judges, on his personal life, on the isolation and anguish judges feel at times, and on what’s next.
County Judge Andrea Totten on Circuit Judge Terence Perkins’s Retirement: ‘He Will be Profoundly Missed’
County Judge Andrea Totten has known Circuit Judge Terence R. Perkins–who is retiring today–for 13 years, starting from when she clerked for him as a staff attorney in the Seventh Judicial Circuit to when he championed her candidacy for a new county judge seat in Flagler County, to which she was appointed in 2019. Totten reflects on those years, providing a unique perspective on Perkins beyond the courtroom.
55 Years in Prison for Devandre Williams, 20, in Killings of Keymarion Hall and Noah Smith, Who Were Both 16
Circuit Judge Terence Perkins sentenced Devandre Bernard Williams to two concurrent 55-year prison terms for the shooting deaths of Noah Smith and Keymarion Hall, both 16, in 2022 in Bunnell. Williams had faced life in prison for either. He pleaded two weeks ago to a sentence of between 40 to 60 years with a mandatory minimum of 25 years on the count involving Hall, leaving it to Perkins to decide where to set the sentence. Co-defendant Tyrese Patterson is to be sentenced on November. Co-defendant Stephen Monroe’s case is still in the pre-trial phase.
Judge Rejects ‘SLAPP’ Suit by Veranda Bay Developer Against Opponents Who’d Challenged County’s Approval
Rejecting what he saw as an attempt to silence an advocacy organization’s right to challenge development, Circuit Judge Chris France on Friday ruled in favor of Preserve Flagler Beach and Bulow Creek, ending a year-and-a-half-old lawsuit filed against the group by Palm Coast Intracoastal. France termed PCI’s action a SLAPP suit impermissible under state law, handing the grass-roots group a major victory against the chilling effect of such lawsuits on speech and participation in matters of public concern. PCI is under the umbrella of SunBelt Land Management, the company overseeing Veranda Bay near Flagler Beach.
Lawyer for Victim of Alleged Rape by Flagler Paramedic Informs County of Her Intention to Sue
A lawyer representing the victim of an alleged sexual assault as she was being transported unconscious aboard a Flagler County Fire Rescue ambulance has notified county government of her intention to sue. The notice is not a surprise. James Tyler Melady, who had worked as a paramedic with Flagler County Fire Rescue since 2018, had a checkered record and was going to be fired when he resigned in June, was arrested on Sept. 12 on a charge of sexual battery–or rape–of a patient who was passed out with intoxication and was being transported by ambulance to a local hospital the night of Oct.16-17, 2021.
2nd Lawsuit Filed Against State Meddling in Abortion Amendment
The ACLU of Florida and Southern Legal Counsel filed a joint lawsuit Thursday against the Agency for Health Care Administration, seeking an order for it to cease efforts on its agency website and other media to persuade voters to oppose Amendment 4.
Former Mondex Man Convicted of Unlawful Sex Returns to Ask for a New Trial, Arguing More Bizarre Claims
Four and a half years ago Tonda Royal, 54 at the time, testified in his defense that he’d never had sex with a 16-year-old girl in his camper in the Mondex, or Daytona North, even though his DNA was found in her. He claimed it was a conspiracy, that another girl had gotten hold of his sperm and passed it to the alleged victim, who then inserted it in her to incriminate him. He claimed that racial motives were behind the conspiracy. Royal was back in court today, arguing that he was owed a new trial because his defense attorney, Regina Nunnally, had been ineffective.
15 Years in Prison for Joseph Siano, Who Killed Lee-Ann Daley Driving Wrong Way on US1, His 3rd DUI in 9 Years
Joseph Siano, 65, today was sentenced to 15 years in prison for the drunk driving killing of Lee-Ann Daley, the 46-year-old mother of three, as Siano drove the wrong way on U.S. 1 a few days before Christmas in 2022. He had cataracts, and his blood-alcohol level was almost three times the legal limit.
Father Who Secretly Took Video of 12-Year-Old Daughter in Bathroom Sentenced to 5 Years in Prison, 8 on Probation
Tyler Jon Habdas, the 31-year-old former Palm Coast resident who’d secretly taken video of his 12-year-old step-daughter in the bathroom over six months, was sentenced to five years in prison and eight years on sex-offender probation today. A jury found him guilty of video voyeurism and other charges in a July trial.
Six Joe Mullins Properties Ordered Into Receivership in Georgia; 2 Local Properties’ Delinquent Taxes on Installment Plan
A court has ordered Joe Mullins, the former Flagler County commissioner and a delegate to the recent Republican National Convention, to surrender into receivership three apartment buildings and three residential buildings in Georgia owned by Mullins Properties after Mullins’s lender accused him of breach of contract. In Flagler County, 2023 taxes owed on two Mullins properties were delinquent until an installment plan began in June.
An Activist With a Problematic Past Says Brendan Depa’s Appeal of Prison Sentence Is Going Forward
Mark Hadden, a 56-year-old Vero Beach resident who describes himself as a former professional basketball player in overseas leagues and the founder in 1993 of an organization called the American Coalition for the Advancement of All People, who is also a registered sex offender, held a press conference at the county courthouse to announce that he had retained attorneys to handle Brendan Depa’s appeal.
Marshall Thomas, Matanzas Student Accused of Sexually Assaulting 10th Grader and Stealing Guns, Pleads Out
Marshall Thomas, the former Matanzas High School student accused of stealing his father’s firearms to face down other teens at Holland Park and of sexually assaulting a fellow-student during class, has been committed to a high-risk juvenile justice program until his 21st birthday, following which he will be on probation for the balance of five years. Thomas turns 18 on Wednesday.
Ocala Appeals Ruling That Public Prayer Vigil Organized by Police Chief and Others Was Unconstitutional
Attorneys for Ocala last week filed a notice that is a first step in asking the 11th U.S. Circuit Court of Appeals to overturn a June 26 decision by U.S. District Judge Timothy Corrigan that the city violated the Establishment Clause of the Constitution by organizing and carrying out the prayer vigil.
Anthony Wiggins, 32, Sentenced to 5 Years in Prison on Threats, Stalking and Domestic Violence Charges
The various cases of Anthony Wiggins Jr., a 32-year-old resident of Palm Coast’s F Section, had busied the court for two and a half years since his initial arrest on a battery charge, then additional charges of written threats to kill, aggravated stalking despite an injunction, and violating conditions of his pre-trial release. On the eve of his trial, which was scheduled for Monday, Wiggins pleaded out, was found guilty on all charges, and sentenced to five years in prison.
Appeals Court Rejects Unanimous-Jury Argument in Death Penalty Case
A three-judge panel of the 2nd District Court of Appeal overturned Hillsborough County Circuit Judge Lyann Goudie’s decision that a unanimous jury recommendation would be needed to sentence defendant McKinsie Lyons to death.
Terrell Sampson, Trigger Man in Shooting Death of Noah Smith, 16, Sentenced to 12 Years in Prison
Terrell A. Sampson, the 20-year-old Bunnell man who opened fire on three people on a street in Bunnell in January 2022, triggering a shootout that killed 16-Year-old Noah Smith, was sentenced to 12 years in prison this morning. Sampson’s bullets did not hit Smith, but Circuit Judge Terence Perkins noted that had Sampson not opened fire, the shootout would not have followed.
Brendan Depa Was Baker Acted Immediately After Sentencing: ‘I’m Going to Die in Jail,’ He Wrote
Brendan Depa, the 18-year-old sentenced to five years in prison Tuesday for beating Joann Naydich, Depa’s paraprofessional at Matanzas High School, in February 2023, was immediately Baker Acted from the county jail afterward when jail staff saw he had written on a sheet of paper that he was going to die in jail. His mother said he feared being killed by other inmates or dying of his own hand.
Brendan Depa Is Sentenced to 5 Years in Prison, 15 on Probation for Attacking His Para at Matanzas High School
Circuit Judge Terence Perkins sentenced Brendan Depa to five years in prison followed by 15 years on probation. The courtroom was full, with Depa supporters on one side, Naydich supporters, in smaller numbers, on the other, but including R.J. Larizza, the state attorney, who turns up at only the highest profile cases. All remained silent as the sentence was pronounced, as did Depa.
Mother of Tristin Murphy, Who Killed Himself with Chainsaw in Prison, Pleads with Judge on Brendan Depa’s Behalf
Cynthia Murphy, the mother of Tristin Murphy, a schizophrenic who used a chain saw to kill himself in prison, where he was serving a sentence for littering, pleads with the judge about to sentence Brendan Depa–the autistic student who beat his paraprofessional at Matanzas High School last year–not to believe Florida state prison officials’ claim that mental health treatment is adequate there for people like Depa.