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.
Circuit & County Court
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.
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.