Brendan Depa, now verging on his 19th birthday, returns to court Tuesday after a three-month hiatus to conclude his sentencing hearing on a charge of attacking Joan Naydich, the paraprofessional assigned to him as a student with special needs at Matanzas High School, in February 2023. The sentences Circuit Judge Terence Perkins will impose is unpredictable, other than that it will not be anywhere near the 30-year maximum.
Circuit & County Court
Why Is Palm Coast’s Mayor Extending the Red Carpet to ‘Constitutional Sheriff’ Extremists?
A local representative of the Constitutional Sheriffs and Peace Officers Association known as CSPOA is asking the Palm Coast City Council and the County Commission to enact ordinances making Flagler a “Constitutional County.” That would be illegal and unconscionable: CSPOA is an anti-government extremist group that seeks to undermine federal, state and court authorities while placing the local sheriff above them all.
Jury Finds Man Guilty on 9 Counts in Video Voyeurism of 12-Year-Old Stepdaughter in Her Bathroom
At the end of a three-day trial today, and after deliberating barely an hour, a jury found Tyler Habdas, now 32, guilty on nine charges of voyeurism of an underage child, child abuse, and illegal use of a cell phone. He’d secretly and repeatedly taken video of his 12-year-old daughter as she showered at her grandmother’s home in Flagler County. He faces up to 75 years in prison when he is sentenced in September.
On Eve of Trial, Tyrese Patterson Pleads to Murdering Noah Smith, 16, and Faces Up to 50 Years in Prison
Three days before his jury trial on a first-degree murder charge that could have resulted in a prison term for life if he were found guilty, Tyrese Patterson, 23, pleaded to second degree murder in the January 2022 shooting death of Noah Smith, then a 16-year-old student at Flagler Palm Coast High School. Patterson faces between 25 and 50 years in prison when he is sentenced in September.
Judge France Rejects Latest Attempt by Old Dixie Motel Owners to Renege on $250,000 They Owe, Now Past Due
Circuit Judge Chris France this morning denied the latest attempt by the owners of the derelict Old Dixie Motel not to post a $250,000 bond with the county, as they have been contractually obliged to do for three years. They may face contempt proceedings next. The judge reminded the owners’ attorney that the money owed is past due, and the clock continues to tick.
In Latest Delay, Old Dixie Motel Owners Want a Stay on Judge’s Order to Pay $250,000 Security
The owners of the Old Dixe Motel appear still unwilling to pay a $250,000 deposit they’ve owed the county for three years and that Circuit Judge Chris France ordered them to pay last week. They have filed a motion through their attorney to stay the order, pending a July 11 hearing before France.
Supreme Court Reprimands 7th Judicial Circuit Judge Casey Woolsey Over Misleading Posts
The Florida Supreme Court reprimanded a St. Johns County judge for a misleading social-media post during an election campaign — but said she did not violate rules by identifying herself as a “conservative.”
Celebrated Ex-County Engineer Faith al-Khatib Sues Over Termination, Citing Racism and Illegalities
Faith al-Khatib, for 18 years the Flagler County engineer and public works director repeatedly praised for securing millions in state and federal dollars for county projects, is suing the county for wrongful termination and retaliation, citing favoritism, illegal acts she refused to perform for the administration, and racism. Al-Khatib is of Palestinian extraction. It is the second lawsuit filed against the county by a former employee alleging discrimination in the past year.
Court Rules Old Dixe Motel Owners Have 10 Days to Provide County $250,000 Deposit Owed Since 2021
The owners of the derelict Old Dixie motel have 10 days to provide the Flagler County Clerk of Court a $250,000 deposit they have owed county government for three years as part of an agreement on the rehabilitation of the motel, Circuit Judge Chris France ruled in an order issued today.
Breath Test Conflict May Lead to Supreme Court Case
A state appeals court Friday suppressed breath-test results in a drunken driving case because the test was administered outside the city of Maitland, where the motorist was stopped.
DeSantis Is Right: Even As a Convicted Felon, Trump Would Be Eligible to Vote in Florida
Florida Gov. Ron DeSantis on June 7 suggested on X that former President Donald Trump is still eligible to vote in Florida, his home state, even though he is now a convicted felon 34 times over. DeSantis is correct, though not necessarily for all the reason he stated on X.
Scott DuPont Appeals Decision Booting Him Off August Ballot for Judge in Local Circuit
n attorney for Scott DuPont filed a notice of appeal last week after Leon County Circuit Judge J. Lee Marsh ruled that DuPont was ineligible to run for judge in the 7th Judicial Circuit, which is made up of St. Johns, Putnam, Flagler and Volusia counties.
Former Palm Coast Surgeon John Cascone Again Avoids Felony Conviction Over Abuse, Pleading to Misdemeanors
For the second time in five years, former Palm Coast surgeon John Cascone today pleaded two felony-battery charges to simple battery misdemeanors, avoiding jail and limiting punishment to 24 months of probation, which he may terminate early. The case followed a similar path to one involving Cascone five years ago, with notable differences.
Old Dixie Motel Owners Tell Skeptical Judge They Have No Intention of Abiding by Repair Contract with County
Flagler County government and the attorney representing the always-mysterious owners of the derelict Old Dixie Motel argued in front of Circuit Judge Chris France today about a three-year-old contract requiring safety and construction benchmarks. The county considers the contract valid. The owners do not. The county considers the contract valid. The owners do not. The judge will issue a ruling in the near future, though if his questions were any indication today, France is skeptical of the motel owners’ position.
Judge Rules Luke Ingram, 21, Legally Insane at Time of Brutal Killing of His Grandfather; Family’s Pain Unravels
Circuit Judge Terence Perkins in a short bench trial this morning found Luke Ingram not guilty by reason of insanity in the brutal killing, mutilation and raping of his grandfather Darwin Graham, 85, on Clermont Court in Palm Coast in November 2022. The short trial was also an occasion for family members to fill in, publicly for the first time, the distinguished life that Darwin Ingram had lived, and include for the court record some of the atrocities Luke Ingram committed that morning.
Scott DuPont Booted Off Ballot as Judge Rose Marie Preddy Prevails in Challenge Over Eligibility to Run
Circuit Judge Rose Marie Preddy, who sits in Putnam County, will not face an opponent in her bid to retain her seat as a judge today threw out Scott DuPont–a former judge–off the August ballot. DuPont, a former judge in the circuit, was removed from the bench by the Supreme Court in 2018, then suspended from the Bar for several months. That suspension meant he could not be eligible for a judgeship until 2026.
Previously Disgraced Scott DuPont, Running Again for Judge, Offers Orwellian Explanation of His Bar Suspension
Former Circuit Judge Scott DuPont, who served in Flagler County and who is running against Judge Rose Marie Preddy, argues that while he was suspended from the Florida Bar as a result of inappropriate and scandalous conduct on and off the bench, he was still a member of the Bar during that suspension, therefore should still be eligible to run. Preddy’s lawyer argues the Florida Constitution says otherwise.
‘It’s Not a Big Deal,’ Cop’s Son Said After Hit-and-Run That Left a Woman Dead. Court Denies Permission to Drive.
Circuit Judge Terence Perkins denied a motion to allow Jayden Jackson, 21, to drive while on bond after hearing the prosecution describe the alleged callousness with which Jackson reacted when the car he drove collided with and killed Shaunta Cain on U.S. 1 in late 2022. Jackson allegedly told his passenger that he would not get in trouble.
Lawyers for Judge Rose Marie Preddy File for Final Judgment Against Scott DuPont’s Qualification to Run
Lawyers for Circuit Judge Rose Marie Preddy, who sits in Putnam County, have filed a motion for a final judgment against Scott DuPont’s qualification to run again for judgeship as he is attempting to do against Preddy in this year’s election. DuPont was booted off the bench in 2018 and suspended from practicing law in 2019 after he was found to have acted with egregious misconduct during his 2016 re-election run and on several occasions in court, as a sitting judge in Flagler County or Putnam Counties.
Brendan Depa’s Sentencing Will Not Resume Until Aug. 6, Giving Defense Time to Recover from Bad Day
The defense for Brendan Depa, the 18-year-old former Matanzas High School autistic student to be sentenced in the beating of his teacher’s aide, faces a steep climb back from a prosecution case that portrayed Depa as a willful, intelligent, chronically violent man who knows right from wrong and who knew what he was doing that day at Matanzas. The prosecution is developing an argument that sidelines Depa’s autism as irrelevant, and calls prison time essential. The defense has yet to make its case.
Flagler Schools Paid Former Indian Trails Middle School Teacher $40,000 to Settle Discrimination Lawsuit
The Flagler County school district paid JaWanda Dove $40,000 to settle a federal lawsuit Dove filed in 2020, alleging that as a Black teacher at Indian Trails Elementary, she had repeatedly been passed over for promotion by white applicants. Dove transferred to Rymfire Elementary last year, where she was promoted to dean and where she remains. Dove had been seeking Dove is seeking $100,000 in back pay and benefits, and an appointment as assistant principal.
DeSantis Lawyer Argues Governor’s ‘Executive Privilege’ Places Him Above Public Record Law
In a case that could have far-reaching implications for the state’s public-records laws, an appeals court heard arguments Tuesday in a challenge to a judge’s ruling that “executive privilege” shields Gov. Ron DeSantis’ administration from releasing records. During Tuesday’s arguments before a three-judge panel of the Tallahassee-based 1st District Court of Appeal, the plaintiff’s attorney said that the constitutional right to public records does not include an exemption for the governor’s records.
County Judge Andrea Totten Is Considering Applying for a Circuit Judge Appointment as Perkins Retirement Looms
With Circuit Judge Terence Perkins retiring in September, and opening a spot among the Seventh Judicial Circuit’s 27 circuit judgeships for appointment, Flagler County Judge Totten is considering applying, she said in a radio appearance on Friday.
Judge Perkins Appears Before Flagler Commission in Recognition of Drug Court Support from County
Circuit Judge Terence Perkins made a rare appearance before the Flagler County Commission this morning to accept a proclamation marking Drug Court and “Problem-Solving Court Month,” introduce many of the administrative participants of drug court to commissioners, and, as long as he was at it, invite Commission Chairman Andy Dance to be the next Drug Court graduation speaker.
At Brendan Depa Sentencing, Prisons’ Mental Health Chief Draws Bizarrely Rosy Picture of Services Awaiting Him
To hear Suzonne Kline, chief of mental health at the Florida Department of Corrections, mental health services in Florida prisons are so extensive, so thorough, so attentive, you’d want to get imprisoned just to get a piece of them. She testified during the first portion of the sentencing hearing of Brendan Depa, the former Matanzas High School autistic student who pleaded to severely assaulting his teacher aide, and is facing the possibility of prison time. Kline’s testimony was a tactical success for the prosecution.
Flagler Court’s Chris France and Melissa Distler Among Slew of Robes Retained Without Opposition
Circuit Judge Chris France, who oversees civil and family court in Flagler County, and County Judge Melissa Distler, who was first elected in 2012, were both re-elected–or retained–without opposition.
When Is Punishment Enough for a Predator? A Child Rapist Makes His Case to End Probation, and Loses.
Lawrence William Morton, formerly of Flagler Beach, served 20 years in prison and five on probation for sex crimes against six minors. He appeared before a judge Monday, seeking to end his probation five years early, as the law allows, arguing that he’s been a model probationer. The judge denied the motion in a case broadly illustrative of recurring requests by sex offenders and predators, and dilemmas faced by the court and prosecutors.
Joan Naydich, Brendan Depa’s Victim of Beating, Details How ‘Everything Was Taken Away’ from Her
Joan Naydich, the former teacher’s aide at Matanzas High School, described how Brendan Depa destroyed her life at 10 o’clock that Tuesday morning in 2023, when the then-17-year-old special education student rushed her as she was leaving his classroom–after he spat on her–knocked her unconscious and pummeled her, all on video.
Trial of Andrew Mintz Over Crash in Flagler Beach Pushed to July
Several times delayed already, the trial of Andrew Mintz, the now-34-year-old Palm Coast man involved in an alleged high-speed pursuit that ended in a crash in downtown Flagler Beach, within a few feet of several elected officials and their family, has been delayed to July 15.
Jayden Jackson, 21, a Sheriff’s Deputy’s Son, Is Arrested in Hit-and-Run Death of Shaunta Cain on U.S. 1
Jayden Ikaika Jackson, the 21-year-old son of a Flagler County Sheriff’s deputy, was arrested on Monday on a first-degree felony charge of hit-and-run causing the death of 51-year-old Shaunta Cain in late 2022.
Man Accused of Woodlands Murder Judged Incompetent for Trial. State Hospital Won’t Take Him. Now What?
Charles Kidd, the 86-year-old former resident of 20 Blare Drive in Palm Coast’s Woodlands, where he is accused of shooting and killing 36-year-old Mark Ruschmeier last August, has been deemed incompetent to stand trial and ineligible for restorative treatment that could bring him back to court to face a second degree murder charge.
Brendan Depa’s Sentence: Neither Vengeance Nor Mercy. Only Humane Justice.
On May 1 Circuit Judge Terence Perkins will sentence Brendan Depa on a charge that carries a maximum penalty of 30 years in prison. The punishment will be nowhere near that: the sentencing guidelines don’t call for it, the incident doesn’t warrant it, and Perkins is not a hanging judge. The question is whether he will impose any prison time, and whether reason and justice, not mercy or vengeance, will prevail.
Palm Coast’s Alan Avellan Sentenced to 3 Years in Prison Over Secret Videos of a Child and Overt Sexual Acts
Alan Avellan Jr., the 38-year-old Palm Coast resident arrested last year on charges of casting pornographic videos to a television that children were watching in his house, was sentenced to three years in prison followed by eight years on sex-offender probation, and was designated a sex offender for life. He pleaded guilty to eight felonies that added up to a maximum of 70 years in prison, resulting from his abuse of children’s privacy and his own inappropriate acts in their presence.
Lawsuit Blames Flagler Schools’ Failure to Address Brendan Depa’s Known Needs and Risks Before Attack on Aide
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.
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.