Brendan Depa, the now-18-year-old former Matanzas High School student captured on surveillance video attacking his teacher’s aide 14 months ago, filed suit today against Flagler County schools, accusing the district of failing to properly address his behavioral end mental disabilities, to properly train the staff in charge, or to provide legally required educational supports. The failures led to a grave but foreseeable, violent incident, the lawsuit states, injuries to the aide, and the prospect for prison for Depa.
Circuit & County Court
For Derrius Bauer, Co-Defendant in Circle K Murder, a Choice Between Risking Life in Prison and a Grim Deal
The guilty verdict and sentencing of Marcus Chamblin last week in the shooting death of Deon Jenkins did not end that case. Derrius Bauer, his co-defendant, is scheduled for trial in September. Bauer previously refused a plea deal or to be a witness for the state, against Chamblin. He is now paying the price of loyalty, having few options, none of them likely to foreclose on a fate similar to Chamblin’s.
The Dis-Education of Brendan Depa
Brendan Depa, the now 18-year-old former Matanzas High School student to be sentenced on May 1 on a first-degree felony count of assaulting a teacher’s aide, is alone being punished for what in fact amounts to a systematic and catastrophic failure, on the part of Matanzas High School and district officials, to follow Depa’s Individualized Education Program, which set out guidelines and requirements on how to contend with his mental health issues.
The Marcus Chamblin Trial in Pictures
A pictorial documentation of the six-day trial of Marcus Chamblin on a first-degree murder charge in the death of Deon Jenkins, featuring all the main participants and some of the evidence, traces the trial’s development from jury selection to its conclusion today (April 15), when Jenkins was found guilty and sentenced to prison.
Marcus Chamblin Found Guilty in Murder of Deon Jenkins; He Is Immediately Sentenced to Life in Prison
After deliberating for just 48 minutes, a stunningly short amount that betrayed the inevitability of the case, a jury of 12 today–eight women, four men, three of the jurors black– found Marcus Avery Chamblin guilty of first-degree murder in the shooting death of Deon O’Neal Jenkins the morning of Oct. 12, 2019 at the Circle K off Palm Coast Parkway. He was sentenced to life in prison.
In Chamblin Trial, 2 Prosecution Witnesses Puncture Its Own Claim that Catastrophic Argument Had Preceded Murder
The prosecution in Marcus Chamblin’s trial on a murder and attempted murder charge did not have a good day Wednesday as two of its own key witnesses punctured prosecutors’ claim that the victim, Deon Jenkins, was killed as a result of a catastrophic argument. Both witnesses said that if there’d been an argument, it was petty–not the sort of argument that would cause a man to track him down and fire 16 bullets from an AK-47-style assault rifle, killing him.
Defense Argues Cops Bought Testimony to Accuse the Wrong Man in Circle K Murder of Deon Jenkins
The defense attorney for Marcus Chamblin, who faces life in prison if convicted of the murder of Deon Jenkins at a Palm Coast Circle K in 2019, argued to the jury that the state bought and paid for the testimony of the real killer and built its case around that, while accusing Chamblin and another man.
Firearms, Circumstantial Evidence and ‘Eclipse Time’ Punctuate Jury Selection in Circle K Murder Trial
The trial of Marcus Chamblin, 29, began today with jury selection and will last at least through the week. Chamblin faces a first-degree murder charge in the shooting death in October 2019 of 25-year-old Deon O’Neil Jenkins at a Palm Coast Circle K and the wounding of Shakir Terry, now 31. The death penalty is not an option. But Chamblin faces life in prison if convicted. Derrius Bauer goes on trial on the same charges in September.
Circuit Judge Terence Perkins, Trenchant and Measured Sage of Flagler’s Bench, Will Retire in September
Besides a judicial temperament from central casting, a sparkling intelligence free of presumption and an ability to synthesize legal precedents and concepts to their essence, Perkins had a knack for innovations–the paperless system he ushered in as chief judge, and in Flagler, one of the most advanced and continuing live-video systems in the state, enabling broader access to the court.
Marcus Chamblin’s Defense Loses Almost All Key Motions It Sought Ahead of Next Week’s Circle K Murder Trial
Marcus Chamblin, 29, is one of two men facing murder and attempted murder charges in the death by fusillade of Deon O’Neil Jenkins and the wounding of another man, S.T., as they sat in a car at the Circle K on Palm Coast Parkway early the morning of Oct. 12, 2019. The defense lost motions to keep out of view of the jury a set of lyrics that could amount to a confession, and evidence found in the car Marcus Bauer and Chamblin drove out of Flagler County.
Six Life Terms for Andrew Sharp, 22, Who Repeatedly Assaulted His 8-Year-Old Cousin and Procured Her
Six weeks after Donald Andrew Sharp was found guilty of raping his cousin starting when she was 8, and of procuring her as a sexual toy to her slightly old brother, Circuit Judge Terence Perkins sentenced Sharp to six life terms in prison without the possibility of parole. Sharp was unreactive.
Marcus Chamblin Trial in Circle K Murder Set for April 8 as Co-Defendant Derrius Bauer Waits Until September
The trial of Derrius Braxton Bauer on a first-degree murder charge in the shooting death of Deon O’Neal Jenkins at a Palm Coast Circle K station in 2019 has been pushed to September to first accommodate the trial of Bauer’s co-defendant, Marcus Chamblin, set for April 8. The Chamblin trial includes a potential list of over 120 witnesses, will stretch over two weeks, and will be one of the more complex local criminal trials in recent years.
Michael Wells Sentenced to 21 Months in Prison for Standoff With Deputies and Domestic Violence
Michael Wells, the 57-year-old Palm Coast resident at the center of a two-hour standoff with police on Brunswick Lane that ended with several felony charges last September was sentenced today to 21 months in prison followed by 24 months on drug-offender probation.
Admitting to Role in Killing Him, Tyrese Patterson Called 16-Year-Old Noah Smith His ‘Dog’ and ‘Best Friend’
Circuit Judge Terence Perkins has denied a motion by 22-year-old Tyrese Patterson’s attorney to exclude a long confession from his upcoming trial on a charge of murdering 16-year-old Noah Smith in a crossfire in Bunnell two years ago. That confession includes details about what led up to the killing, and how Patterson described his relationship with Smith as “best friends” who hung out together frequently. Startlingly, he also said the killing had not changed him.
Cash Bail: Unfair, and a Violation of Due Process
When arrested on suspicion of committing a crime, everyone in the United States has the right to due process and to defend themselves in court. But in a cash bail system, when judges set bail amounts, those who cannot pay the full amount remain jailed indefinitely — a clear violation of their due process rights — while the rich can pay their way out of jail.
Bomb Squad Explodes Suspicious Bundle of 40 Palm Coast Observers After Delivery Misfire at Courthouse
A suspicious package found at a door of the courthouse this morning, before the day’s proceedings began, forced a lockdown of the building and restricted access to law enforcement. The St. Johns County Sheriff’s Office’s bomb squad has been summoned, leaving the courthouse empty for now. No one had to be evacuated from the building since no one had gone in yet. But three judges were set for hearings at 8:30 and 9.
Ahead of Trial, Lawyer for Man Accused in Murder of Noah Smith Says Interrogation Was Constitutional Violation
Tyrese Patterson is one of three men facing a murder charge in the shooting death of 16-year-old Noah Smith in Bunnell in 2022. In court today, Patterson’s attorney, Tim Pribisco, heatedly sparred with Flagler County Sheriff’s detective Augustin Rodriguez, who was testifying, and just as fiercely argued to Circuit Judge Terence Perkins that an interrogation of Patterson at the county jail by Rodriguez is inadmissible, because Patterson twice directly and indirectly asked about his attorney, only for the interrogation to continue.
Christopher Lemke, Who Threatened Neighbors With a Gun on July 4, Avoids Jail Or Felony Conviction
Christopher Lemke, 70, threatened to shoot his neighbor’s family last July 4 in Palm Coast’s R-Section as he pointed a laser-equipped firearm at several people, including a pregnant woman. He was sentenced Friday to 48 months on probation, but will not be adjudicated a felon. Still, he will have some of the same consequences, among them a lifetime ban on owning or possessing guns.
Da’Mari Barnes, 17, Sentenced to 9 Years in Prison for Shooting Death of Jamey “JuJu” Bennett, 19, at Bonfire
Da’Mari Barnes was sentenced to nine years in prison followed by 15 on probation for the shooting death of Jamey “JuJu” Bennett two years ago at a bonfire party near Matanzas High School. Barnes was 15. Bennett was 19. The two had argued over a girl Barnes had pushed. Barnes had been carrying a gun out of fear, since the shooting death of his cousin, 16-year-old Noah Smith, days earlier.
7 Years in Prison for Unrepentant Man, 48, who Stalked and Solicited 14-Year-Old Girl, and Still Blames Her
Palm Coast’s Jerome Byron Malerba, 47, was sentenced to seven years in prison, two years on probation and a lifetime as a sex offender for luring and soliciting a girl starting when she was 13–when he offered her pot–and going on for 18 months. The judge used unusually strong language to describe Malerba as “creepy” and as a man who still blames the victim and covers himself in self-pity.
Mom Who Let Her 6-Year-Old Daughter Wander Onto CR 305 Is Sentenced to a Year in Prison
Circuit Judge Terence Perkins on Wednesday sentenced Sarah Anne Welker to a year in prison followed by four years on drug-offender probation. The 36-year-old mother left her 6-year-old daughter unsupervised for almost three hours until she wander unaccompanied on County Road 305, where she was seen flagging down passing cars for help. The sentence is to run concurrent to a case in Volusia County where she pleaded guilty to an identical charge in October and been placed on probation.
Charles Kidd, Facing Murder Charge in Woodlands Killing, Was Suffering from Dementia and May Not Stand Trial
Charles Kidd, the 86-year-old former resident of Blare Drive in Palm Coast who shot and killed 36-year-old Mark Ruschmeier in August, was suffering from dementia severe enough at the time that two psychologists have concluded he is not competent to stand trial.
Jury Finds Andrew Sharp, 22, Guilty of Raping His 9-Year-Old Cousin and Faces Life in Prison
A jury found Donald Andrew Sharp, 22, a former Palm Coast resident, guilty of raping his cousin when she was 8 and 9, and of directing her brother to molest her, in case Sharp needed a scapegoat if he were ever accused of improprieties. He will be sentenced to life in prison.
Babysitter Accused of Turning Predator Against Children in His Care Confronts His Most Damning Witness: Himself
Donald Andrew Sharp took the stand in his own defense today in his trial on numerous capital sex charges of raping a child. But he was ineffective in countering his own recorded confessions, in a conversation with the child’s father and with detectives, that he had committed the very acts he is accused of.
In Trial’s Opening, Prosecution Describes Andrew Sharp, 22, as Babysitter Turned Sexual Predator on His Own Young Cousins
Donald Andrew Sharp was 20 and 21 when he lived with his cousins in Palm Coast, as their babysitter. He is on trial on charges of raping his cousin when she was 8 and 9, and of forcing her brother to molest her, allegedly as a scapegoat for Sharp: if he were to be blamed, he would turn the accusation toward his young cousin. The two children testified today, after opening arguments by the prosecution. The defense reserved its opening argument for later in the week.
High-Profile Attorney Jose Baez Takes Over Defense of Migrant Virgilio Mendez Accused in Death of Sheriff’s Deputy After Arrest
Virgilio Aguilar Mendez, the 18-year-old migrant facing a manslaughter charge in the heart-attack death of a St. Johns County sheriff’s deputy following Mendez’s arrest on a minor charge, is now represented by Jose Baez, the Miami attorney and one of the most successful and high-profile trial lawyers in the country. Baez’s involvement and a petition that has gathered 600,000 signatures for Mendez’s release reflect the reach of the case far beyond St. Johns County, and shock over a charge that, according to the medical examiner’s conclusion, is disconnected from deputy Michael Kunovich’s heart attack.
He’d Burglarized Tourists’ Car at a Local Park and Bought Apple Watches with Their Cards. He Was Sentenced to Life in Prison.
Last November, Caisy Frank, a 40-year-old resident of Brooklyn, N.Y., was tried and found guilty of armed burglary, grand theft of a firearm, additional grand theft counts, and fraud, among 10 charges. On Tuesday, Circuit Judge Terence Perkins sentenced Frank to life in prison. The severity of the sentence is a reflection of Frank’s status as a prison-release reoffender.
Brenan Hill Sentenced to Life in Prison for Murder of Savannah Gonzalez, 22, as Her Cousin Tells Him: ‘I Loathe You’
Circuit Judge Terence Perkins this afternoon sentenced Brenan Hill to life in prison for the murder of Savannah Gonzalez in the Publix parking lot off Belle Terre Parkway the morning of March 26, 2021. Gonzalez was 22 when Hill shot her that morning. She lived, incapacitated, hospitalized and unaware, until Nov. 9, 2022, when she died. Hill’s initial explanations for the shooting were a confederacy of lies.
Judge Dismisses Disney Lawsuit That Claimed DeSantis Had Retaliated Against the Company
In a win for Gov. Ron DeSantis, a federal judge Wednesday dismissed a lawsuit alleging that the state unconstitutionally retaliated against Walt Disney Parks and Resorts because of the company’s opposition to a controversial education law.
Threatening Charges, Florida Forbids Trans’ Preferred Gender Identity on Driver’s Licenses
Transgender people can no longer obtain a driver’s license that reflects their gender identity under a new policy that treats “misrepresenting one’s gender, understood as sex, on a driver license” as fraud punishable by civil and criminal penalties plus cancellation, suspension, or revocation of the license.
Mother of 6-Week-Old Boy at Project Warm Is Charged with Aggravated Child Abuse After Discovery of Burns
Jessica Marie Jordan, a 35-year-old resident of Project Warm, the behavioral health program in Bunnell for pregnant women and young mothers who have battled addiction, is at the Flagler County jail, facing two grave child abuse charges after her 6-week-old child was found to have burn marks that were several days old. Jordan has been a client, or resident, at Project Warm since May 2.
Circle K Murder Trial of Marcus Chamblin Is Set for April 8, With Co-Conspirator’s Trial Soon to Follow
Circuit Judge Terence Perkins today set April 8 as the trial date for Marcus Chamblin, one of two defendants facing a first-degree murder charge in the October 12, 2019 murder of Deon O’Neal Jenkins and an attempted murder charge in the shooting of a second victim, whose name authorities have not released. The shooting took place in the parking lot of the Circle K gas station and convenience store on Palm Coast Parkway, off of Belle Terre Parkway.
Brendan Depa’s Sentencing is Postponed as Lawyers Cite More Preparation Needed
Originally scheduled for Wednesday, the sentencing of Brendan Depa, the former Matanzas High School student who pleaded to a count of aggravated battery on a school employee, has ben postponed to an undetermined date, and may not be held until past mid-March.
On His Trial’s Eve, Marshall Thomas, 17, Is Arrested for the 3rd Time in 18 Months, This Time for Distributing Porn to Kids
Marshall Thomas, 17, has twice been released on bond since his original arrest in July 2022, and both times has re-offended, getting charged with serious felonies. Now, on the eve of his trial in Flagler County on charges of molesting a girl at Matanzas High School, and on two counts of stealing firearms, prosecutors in Flagler County are asking that Thomas’s bond be revoked following his latest arrest, in Wisconsin, on charges of distributing child pornography to other children.
Defense Calls Out Sharp Inaccuracies in Arrest Account of Migrant Facing Manslaughter Charge in Death of Deputy
The defense lawyer for Virgilio Aguilar Mendez, the 18-year-old migrant held for over eight months on an aggravated manslaughter of an officer charge in the death of a St. Johns County deputy, is calling his arrest “legally insufficient,” describing his arrest report as a series of misrepresentations and misapplications of the law, and citing the medical examiner’s report to conclude that the death of the deputy was unrelated to the arrest.
Mustering the Barest Majority, Jury Votes 8-4 to Recommend Death for Julio Rivera in Roberto Ovalle Murder
Concluding a weeklong sentencing trial, a Volusia County jury voted 8-4 today to recommend the death penalty for Julio Rivera, the 52-year-old former fugitive who shot and killed his friend at a DeBary self-storage facility on Dec. 8, 2019. The death penalty recommendation is one Florida’s first under a new standard that does not require a jury’s unanimity.
The Brendan Depa I Have Come To Know
Brendan Depa, the former Matanzas High School special education student who pleaded guilty to the beating of Joan Naydich, his paraprofessional, last February, will be sentenced on Jan. 31. Gene Lopes is a retired special education teacher who has spent the last several months tutoring Depa at the Flagler County jail. Here’s his experience.
Prosecution Considers Man Who Fondled Girl at Walmart Too Dangerous To Be Let Out on Bond
The prosecution argued before a judge today that Robert Goldstein, the 64-year-old Palm Coast resident who briefly fondled an 11-year-old girl at Walmart while her mother was not looking, is too dangerous to be let out of jail on bond pending trial. But a decision is not expected until Jan. 17, giving Goldstein time to bail out.
Judge Rules Migrant Held Responsible for Death of Deputy After Arrest Is Incompetent to Stand Trial
Circuit Judge R. Lee Smith ruled that Vergilio Aguilar Mendez, the 18-year-old migrant held responsible for the death of a St. Johns County deputy of a cardiac episode several minutes after Mendez was arrested, is incompetent to proceed to trial and is to receive “competency restoration” while held at the Volusia County Branch Jail. The order suspends further criminal proceedings, but may be abrogated over the next 60 days should the treatment restore competency to the court’s satisfaction.
From Abortion to Disney, Guns, Pot, Trans and Social Media Law: 10 Florida Court Cases to Watch in 2024
High-profile Florida cases in state and federal courts in 2024 include a challenge to the 15-week abortion ban, Disney’s claim that the DeSantis administration illegally retaliated against it, a challenge to the state’s age-restriction on buying long guns, whether the wording of a constitutional amendment legalizing recreational pot can head for the ballot, and several more.
Judge Mulls Trial Competency of Migrant Facing Manslaughter Charge in Sudden Death of Deputy After Arrest
Declaring it a “complex situation,” Circuit Court Judge R. Lee Smith at the end of a three-hour hearing today said he needed time to think before issuing a decision on whether Vergilio Aguilar Mendez, the 18-year-old migrant controversially charged with manslaughter in the death of a St. Johns County deputy Michael Kunovich last May, is competent to stand trial. Kunovich died several minutes after Mendez was arrested for resisting arrest after a stop-and-frisk encounter in St. Augustine.
Florida Court Rules Child Is Mature Enough to Be a Mother, But Not to Have an Abortion
A state appeals court Friday upheld a Calhoun County circuit judge’s ruling that blocked a minor from having an abortion without notification and consent of a parent or guardian. The decision’s implicit reasoning is that the child is nevertheless mature enough to carry the baby to term.
Jury Finds 47-Year-Old Palm Coast Man Guilty of Cyber-Stalking and Soliciting Girl, 14, for 18 Months
A jury found 47-year-old Jerome Byron Malerba guilty of cyber-stalking, soliciting a child for sex, and using a cell phone to criminal ends. He had been involved in what he termed a “mentoring friendship” with a girl when she was 14 and 15. He faces a maximum of 15 years in prison and will be designated a sex offender when he is sentenced early next year.
St. Johns County Judge Casey Woolsey Could Face Reprimand Over Inappropriate Fundraising
St. Johns County Judge Casey Woolsey “admitted that her conduct was inappropriate” and violated judicial canons, according to a document filed Monday at the Florida Supreme Court by an investigative panel of the state Judicial Qualifications Commission.
Facing Lawsuit from Ormond Beach, Flagler Defends Acquiring ‘Easement of Necessity’ That Crosses Volusia Border
Flagler County Attorney Al Hadeed explained why in his view Ormond Beach’s lawsuit against the county over an easement through conservation land in Hunter’s Ridge is off-base: Ormond Beach could itself settle the matter by acquiring conservation land on its side of the border, by setting aside unreasonable fears that Flagler will build a highway–and by upgrading Durrance Lane, the road that runs across the Hunter’s Ridge development.
Jury Sides with Physician and AdventHealth in Wrongful Death Lawsuit Involving 38-Year-Old Palm Coast Man
Ending a seven-day civil trial, a six-person jury on Tuesday found that Dr. Kizhake Kurian, a cardiologist who practices in Palm Coast with AdventHealth Medical Group, was not negligent in the death of Richard Starr, a 38-year-old Palm Coast resident who had been in relative good health until a series of heart-related medical episodes in the last days of March 2018.
Brennan Hill Sentencing Delayed as Defense Discovers He Does Not Necessarily Face Mandatory Life in Prison
Brenan Hill, the 34-year-old man a jury found guilty of murder in the shooting death of Savannah La-Rynn Gonzalez, 22, in March 2021 in Palm Coast, came to court today thinking, as did his own lawyer, that he was to be sentence to life in prison. In fact, he is eligible for 25 years to life, opening an opportunity for his lawyer to argue for the lesser sentence. The judge reset the sentencing hearing to next February to give Gerald Bettman, the lawyer, time to prepare.
Gabriella Alo Sentenced to 6 Years in Prison, Her Brother to 2 in Attacks in Flagler Beach
Gabriella Alo, the 19-year-old Palm Coast woman at the center of a pair of seemingly sadistic assaults in Flagler Beach last January was sentenced to 6 years in prison. Alo’s brother, Nicholas, 22, was sentenced to two years in prison, with credit for nearly a year he’s served, followed by three years on probation.
Willie Gardner Is Spared More Jail Time After All in Dog Abuse Case, But Is Barred from Contact With Animals
Willie Gardner was released from jail in late morning today, a few hours after a sentencing hearing before Circuit Judge Terence Perkins, who withheld a further jail sentence after all on animal abuse charges Gardner faced. Gardner had served 30 days since his arrest on a probation violation. Perkins earlier this month had wanted 90 days.
Ex-Bunnell Church Leader and Pastor Alfonso Joseph Sentenced to 5 Years in Prison for Sex with Minor
Alphonso Joseph, the 50-year-old Palm Coast resident and former pastor at several Bunnell churches, was sentenced this afternoon to five years in prison followed by 10 years on sex-offender probation after pleading guilty to having sex with an underage boy.