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.
Circuit & County Court
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.
In Rare Rebuke, Judge Rejects Plea Agreement and Asks for Jail Time in Dog Abuse Case
Willie Gardner, 30, was ready to plead to four felony counts of cruelty to animals involving negligence toward pitbulls, but Circuit Judge Terence Perkins rejected the plea negotiated between the defense and the prosecution, asking for jail time.
Flagler’s Top Prosecutor’s Advice to New Cops: Be Truthful, No Tattoos, and Don’t Be ‘a D*ckhead’
Five new recruits for the Flagler County Sheriff’s Office and Flagler Beach police got a blunt, unfiltered briefing on how to testify in court from Assistant State Attorney Jason Lewis. It was a rare look, witnessed by FlaglerLive, at the dynamic between prosecutors and cops on the usually confidential fringes of court cases, and at how prosecutors prepare, guide and at times admonish police before they take the witness stand, since a cop’s testimony can make or break a case.
C.J. Nelson Jr., 22, Charged with Manslaughter in the Shooting Death of 18-Month-Old Girl at R-Section House
C.J. Nelson Jr., the 22-year-old Palm Coast man arrested on an unrelated charge the night of the shooting death of an 18-month-old girl at at 2 Ranwood Lane in September, was charged with manslaughter with a firearm for that death on Wednesday. The first degree felony charge is punishable by up to 30 years in prison.
In Settlement, Flagler County Will Pay Captain’s BBQ $800,000 and Allow New, 5,000 Sq. Ft. Restaurant at Bing’s Landing
Four years after Captain’s BBQ sued Flagler County government in a breach of contract claim, a negotiated settlement calls for the county to pay Captain’s $800,000, and clear the way for a new, 5,000 square foot restaurant at the county park. For Flagler County taxpayers, the dispute with Captain’s, just entering its fifth year, will have cost close to $1 million, when the county’s attorneys’ fees are included. The settlement is a huge victory for Captain’s.
Ormond Beach Sues Flagler County Over Easement, and Threatens to Cut Off Water to Hunter’s Ridge
The City of Ormond Beach is suing Flagler County government and a developer in the Hunter’s Ridge subdivision at the south end of the county, claiming that Flagler and the developer entered into an illegal agreement ceding an easement to the county that crosses a conservation area belonging to the city. Flagler County’s denials aside, Ormond Beach fears–and is convinced–that the county will one day use the 60-foot-wide easement to build a paved road.
Public-Notice Misstep Delays County Commission’s Decision on Captain’s BBQ Settlement to Nov. 20
The Flagler County Commission held a two-hour closed-door session this afternoon to discuss a potential settlement in Captain’s BBQ’s four-year-old lawsuit against the county. What was to be a special meeting following the closed session was postponed because it was not properly noticed. So commissioners could not reach consensus, make motions or take a vote.
Judge Orders 85-Year-Old Man Accused in Woodlands Murder to Be Evaluated for Competence
Circuity Judge Terence Perkins today ordered a neuropsychological evaluation of Charles Kidd Jr., the 85-year-old former resident of Blare Drive in Palm Coast’s Woodlands accused of murdering 36-year-old Mark Ruschmeier in August.
Staunch Opposition Kills Paul Renner’s Calculated Proposal to Consolidate Judicial Circuits
Amid overwhelming opposition to consolidation, a committee appointed by the Florida Supreme Court on Friday unanimously recommended against shrinking the number of judicial circuits in the state as Rep. Paul Renner had proposed. Critics labeled consolidation a gerrymandering effort aimed at weakening Democrats’ power in the court system.
State Attorney Files Two Felony Charges Against Kerri Huckabee in Flagler Beach Dispute With Neighbors
The State Attorney’s Office on Monday filed four charges against Kerri Huckabee, the Flagler Beach resident and Montessori school owner arrested in September in the culmination of a long-running feud with her next-door neighbors. The charges include a second degree felony count of firing or throwing a deadly missile into a building, and a third degree felony count of resisting arrest with violence.
It’s Not a Good Idea to Spit at the Court Ahead of Your Sentencing. Dacotah Clarke Now Faces Up to 17.5 Years.
Dacotah Wren Clark, 27, left a plea hearing and a pending prison sentence of 2.5 years by slamming the courtroom door and spitting in the elevator. He was then re-arrested days later on a dozen new charges. After a dressing down by Circuit Judge Terence Perkins, Clarke now faces up to 17.5 years in prison, without penalties for the spitting and door-slamming.
Captain’s BBQ and Flagler County Reach Tentative Settlement in Lawsuit Entering 5th Year
Captain’s BBQ and its landlord, Flagler County government, have reached a “tentative settlement” in Captain’s breach-of-contract lawsuit against the county, now entering its fifth year. The settlement was reached at an Oct. 27 mediation. But it’s not over. The County Commission must approve it, and will discuss it in a closed-door session next week. A previous proposed settlement, in 2020, failed.
Brendan Depa Tenders Open Plea in Beating of Matanzas High Staffer, Leaving Sentence Up to Judge
Brendan Depa, the 18-year-old special education student facing up to 30 years in prison for the merciless beating of a Matanzas High School teacher aide last February, pleaded to the first-degree felony charge today before Circuit Judge Terence Perkins. He will be sentenced in January.
Da’mari Barnes, 17, Pleads Out in Shooting Death of Jamey Bennett, 19; Uncertain Sentence Pending
Da’Mari Barnes, now 17, pleaded guilty today to manslaughter in the shooting death of Jamey Bennett, 19, at a bonfire near Matanzas High School in 2022. The open plea means that when Barnes is sentenced on Jan. 2, the judge will have wide discretion to sentence Barnes either as an adult, with guidelines setting the minimum at 11.5 years in prison and a maximum at 30, or as a youthful offender, to up to six years in prison.
Ex-Employee of Palm Coast Assisted Living Who Defrauded Residents Is Sentenced to Jail and House Arrest
Tina Marie Teixeira, 27, an ex-employee of Market Street, the assisted living facility on Palm Coast Parkway, was sentenced to a year in jail instead of the recommended three and a half years in prison, followed by two years of house arrest and three years on probation on convictions for defrauding several residents or their spouses at the facility last year.
Flagler County Tried to Evict a Tenant at the Airport. Jury Called It Retaliation and a Violation of 1st Amendment.
Flagler County Airport Director Roy Sieger sent Les Abend an eviction notice regarding the hangar Abend had leased for over four years. A two-day trial resulted in a verdict against the county, with a jury finding that the county was retaliating against Abend, a former member of the county’s airport advisory board, for his criticism of Sieger. An eviction case turned into a rare First Amendment case in County Court. Abend will get to keep the hangar.
8 Years in Prison for Connor Anderson, Who ‘Terrorized’ Smiles Bar Patrons in Shooting
Connor Anderson, the 31-year-old man who wrestled with the Smiles Nite Club bartender and others and fired his gun six times inside the bar last November, was sentenced to eight years in prison, followed by five years on probation, after a sentencing hearing where Anderson described himself as disgusted with his act.
