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.
Circuit & County Court
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.
Brendan Depa’s Sentencing Set to Conclude 3 Months After It Started: ‘I’m Going to Accept Whatever Happens’
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.
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.