A panel of 12 jurors and two alternates was seated this afternoon at the end of the first day of trial for Monserrate Teron, the 59-year-old man accused of sexually assaulting his 7-year-old niece in Palm Coast in November 2019.
Circuit & County Court
Captain’s BBQ Trial Delayed to February as Both Sides Ask for More Time
The two sides asked for the delay jointly, but not necessarily because a resolution is pending. Rather, each side still has adversarial motions that have yet to be heard in court. Captain’s is also attempting to bring the county back to the mediation table. The county had been resisting. A trial would have been premature, the two sides agreed. The judge granted the delay two weeks ago.
In Trial of Man Accused of Raping 7 Year Old, Judge Will Allow Evidence ‘Devastating to Defend’
Monserrate Teron, a 59-year-old nurse and Army veteran, goes on trial Monday on charges of raping a 7-year-old girl. Today, a judge let stand an order allowing the prosecution to question two adult sisters who will testify that Teron abused them in the 1980s similarly to the way he abused the younger girl more recently, complicating the defense.
When Prison Is Preferable to Probation: Holly Norris’s Case and How Probationers Must ‘Walk on Water’
The case of Holly Norris, 44, illustrates how long probation terms can unreasonably trip up defendants even for minor violations, preventing them from reintegrating society. That’s why defense attorneys at times ask for prison instead. Norris was sentenced to a two-year prison term and 10 years on probation in the negligent death of her uncle in 2013.
Taylor Manjarres Pleads Out in R-Section Home Invasion Murder, and Faces Up to 20 Years Instead of Life
Taylor Manjarres, 19 at the time, had teamed up with Kwentel Moultrie and Zaire Roberts for a drug deal with Danial Marashi at Marashi’s parent’s home on Regent Lane in Palm Coast in December 2021. Marashi shot and killed Roberts. Manjarres and Moultrie were charged for murder. Manjarres will now testify against Moultrie, who faces life in prison.
Appeal Court Upholds 13-Year Prison Sentence of Matthew Nesbitt, Who’d Threatened Flagler Deputies With Knife
Matthew Nesbitt, 49, sentenced five years ago to 13 years in prison for threatening deputies with a knife and attempting to run one over, has lost an appeal to overturn his conviction and is now making a motion to reduce or vacate his sentence on claims that his attorney made errors. He is not likely to prevail.
Lawyer Defending Woman in Palm Coast Rape and Deceit Claim Is Arrested on Child Porn Charges
Michael Dolce, the 53-year-old lawyer representing a woman who claims she was raped by a physician in his Palm Coast condominium in 2017, was arrested at the end of March on charges of possessing child sexual abuse imagery, according to court papers and the U.S. Attorney’s Office for the Southern District of Florida.
Louis Gaskin Killed 33 Years After Double-Murder as Mark Carman, Who’d Arrested Him, Witnesses
Louis Gaskin, who murdered Robert and Georgette Sturmfels in Palm Coast’s R Section in 1989, was killed by lethal injection Wednesday evening. Mark Carman, who arrested Gaskin 33 years ago, was among the witnesses to the execution, and spoke of the experience, as did others who turned up in opposition to the death penalty.
U.S. Supreme Court Refuses to Block Execution of Flagler’s Louis Gaskin, Set for Wednesday
The U.S. Supreme Court on Tuesday refused to block the execution of Death Row inmate Louis Gaskin, who is slated to face lethal injection Wednesday in the 1989 murders of a Flagler County couple.
Appeals Court Upholds Life Conviction of Keith Johansen in Brandi Celenza Murder, With a Minor Exception
The Fifth District Court of Appeal today upheld the murder conviction of former Palm Coast resident Keith Johansen, who is serving a life sentence at a state prison in Lowell for the shooting death in 2018 of Brandi Ruth Celenza, who was 25.
Court Roundup: Plea Possible in Ex-Matanzas Student Case; Murder Trials Pushed Back
17-year-old Brendan Depa’s case is still awaiting a competency evaluation but the attorney of the former Matanzas High School student said a plea may be in the works. A plea may also be negotiated for Damari Barnes, 16, who faces a manslaughter charge in the death of Jamey “Juju” Bennett. Other murder cases, including those of Kwentel Moultrie and Taylor Manjarres, are pushed to late summer.
Appeal to Supreme Court for Stay of Gaskin Execution Cites FlaglerLive Article on Juror’s Reversal
Among other arguments, Gaskin’s lawyers cite a March 15 FlaglerLive article in which Janet Valentine, one of the 12 jurors at Gaskin’s 1990 trial, saying she regrets being part of the 8-4 votes recommending his death. Valentine would go on to be Flagler County’s school superintendent between 2010 and 2014.
Trials of Circle K Murder Suspects, Derrius Bauer and Marcus Chamblin, May Not Be Until Next Year
Layers for the defense and the prosecution told Circuit Judge Terence Perkins this morning that they may not be ready for the trial of Derrius Bauer, one of two suspects in the October 2019 killing of Deon O’Neal Jenkins, known as the Circle K murder, until next January.
Senate Will Vote on Eliminating Need for Unanimous Juries in Death Recommendations
The Senate Rules Committee voted 15-4 to approve a bill (SB 450) that would allow death sentences to be imposed based on the recommendations of eight of 12 jurors — a standard that bill sponsor Blaise Ingoglia, R-Spring Hill, described as being “the most aggressive of all 50 states.”
Judge Perkins Denies Further Hearings and Claim of ‘Manifest Injustice’ in Gaskin Death Penalty Case
Circuit Judge Terence Perkins this morning in Bunnell denied the defense’s motion for an evidentiary hearing on Tuesday, ending Gaskin’s last possible effort to prevent his killing. The state Supreme Court and a last-minute commutation by the governor are the only remaining possibilities, but they are beyond the remote.
Matanzas Aide Attacked by 17 Year Old Had Reported His Threats As Far Back as August
Joan Naydich, the 58-year-old Matanzas High School paraprofessional attacked by one of her students on Feb. 21 had alerted the classroom teacher as far back as late August of the student’s aggression and belligerence, according to a petition for an injunction she filed at the end of February.
A Series of Frantic Hearings at Bunnell Courthouse Are Preceding State’s Killing of Louis Gaskin
Nearly half a dozen hearings are taking place at the Flagler County courthouse between this week and next in the case of Louis Gaskin, who is scheduled to be executed by the state on April 12. The hearings are last-minutes attempt either to delay or to annul the execution, but the likelihood of success is beyond the realm of hail Marys.
Janet Valentine, a Juror and Future Superintendent, Regrets Voting for Gaskin’s Death. Prosecutor Does Not.
Janet Valentine, who would become Flagler school superintendent 20 years later, was one of the jurors who recommended the death of Louis Gaskin in 1990, a vote she now regrets. Gaskin is to be put to death in April. John Tanner, the State Attorney at the time, has no regrets for seeking the death penalty.
Louis Gaskin, Convicted for 2 Murders in R-Section in 1990, to Be 1st-Ever Execution of Flagler Resident
Louis Gaskin, a murderer known as the “Ninja Killer,” is set to be killed by lethal injection on April 12 for the 1989 murders of Robert Sturmfels, 56, and Georgette Sturmfels, 55, on Ripley Place in Palm Coast.
Former Matanzas High Student, 16, Charged as Adult in Alleged Sex Assault of Girl During Class
When Marshall Thomas, 16, was arrested on charges of stealing guns and making written threats to kill in January, authorities did not disclose that he had months earlier been arrested on a sexual assault charge involving a 15-year-old student at Matanzas High School. Thomas has now been charged as an adult on all five charges from both incidents and faces up to 45 years in prison.
Judge Orders Mental Evaluation for Matanzas Student Who Assaulted Aide
A judge has ordered a mental evaluation of 17-year-old Brendan Depa, the Matanzas High School student accused of attacking his paraprofessional. Court documents related to the order for the first time confirm that Depa has been treated for mental illness and is on various medication for psychological issues.
Palm Coast’s William McClean Faces Felony Drunk Boating Charge in Death of Thomas d’Aquila Last July
William S. McClean, a 56-year-old resident of Crain Court in Palm Coast, was charged with operating a boat under the influence of alcohol, a second degree felony, in the boating death of Thomas d’Aquila last July on the Intracoastal Waterway.
Already Serving Life, Carlos DuPree Is Convicted on Charges of Assaulting Jail Deputy
A jury on Wednesday found Carlos DuPree, 37, guilty of assaulting Flagler jail corrections deputy deputy Edward Wallace over a search of DuPree’s Koran in 2021, resulting in a five-year prison sentence in addition to a life term for home invasion that DuPree is already serving.
Judge Almost Doubles Bond on Gabriella Alo, Defendant in Brazen Flagler Beach Attack
Circuit Judge Terence Perkins this morning nearly doubled the bond on on 18-year-old Gabriella Alo, from $18,500 to $33,500, based on new information from the prosecution. Alo and her brother face charges in an attack on two people at Wickline Park in Flagler Beach in January. The judge also imposed a set of conditions should Alo manage to bond out.
In Brenan Hill’s Murder Trial Over Death of Savannah Gonzalez, Jury Will Hear Confession Defense Wanted Suppressed
Brenan Hill, 33, faces a second-degree murder charge in the shooting death of Savannah La-Rynn Gonzalez, 22 at the time, two years ago. He confessed to the shooting during an interview with detectives. The defense wanted the confession kept from the jury. A judge today disagreed.
7 Years in Prison for Randy Alexandre, 23, Over Firing 27 Rounds at Occupied House on Kalamazoo Trail
Randy Alexandre, the 23-year-old man a jury found guilty of attempted manslaughter after he and two other men fired their guns at a house on Kalamazoo Trail in Palm Coast two years ago, was sentenced to seven years in prison followed by seven years on probation today.
Palm Coast’s Frank Fiore, 53, Accused of Fleecing Elderly Woman Who Took Him In
Frank Fiore, 53, of Palm Coast, faces nine felony charges–a maximum of 125 years in prison–for stealing thousands of dollars’ worth of jewelry from the elderly women who took him in after he told her at church that he was down on his luck.
Judge Criticizes Low Bond and Denies Lowering it Further on 18-Year-Old in Flagler Beach Assaults
In a case that’s drawn outsized attention from the Flagler Beach community, Circuit Judge Terence Perkins denied lowering Gabriella Alo’s $18,500 bond on charges of running over a 29-year-old woman who’d come to the aid of a 15-year-old boy Alo and her brother are accused of beating up on jan. 11 at Wickline Park in Flagler Beach.
Florida Supreme Court Strips ‘Fairness and Diversity’ from Judges’ Training Programs
Florida judges no longer will need to learn how to at least try to ensure “fairness and diversity” while applying the law under a rule change that the Florida Supreme Court has adopted by a nearly unanimous vote.
40 Years in Prison for Jevante Hamilton for Overdose Death of Tim Davidson and Other Offenses
Jevante Hamilton’s charge carried a maximum 15-year prison sentence, but his repeated offenses and prison stints led the prosecution to ask for 30 years, plus 10 he was already sentenced to in Volusia, for separate offenses.
12 Images of Child Sex Abuse Equal 18 Months in Prison for 79-Year-Old Palm Coast Man
Edgar Alloway Jr., 79, a 16-year resident of Banton Lane in Palm Coast, was sentenced to 18 months in state prison today for downloading 12 images of child sexual abuse. Alloway’s attorney, Josh Davis, called it a “death sentence” because of Alloway’s failing health.
Allyson Bennett, 41, Is Sentenced to 8 Years for Her Role in Overdose Death of Michael Burnett Jr.
Three days after her then-boyfriend and co-conspirator was sentenced to 15 years, Allyson Dawn Bennett was sentenced to eight years in prison today for selling Michael Burnett Jr. the drugs that killed him in 2018. The lower sentence reflects Bennett’s cooperation with authorities and, to a degree, her recovery works at the county jail.
Kwentel Moultrie Is Sentenced to 10 Years in Prison on Rape Conviction, Still faces Murder Charge
Kwentel Moultrie, whom a jury last August found guilty of rape, was sentenced to 10 years in prison today. He had previously turned down a deal that would have drastically reduced the charge and spared him prison.
15 Years in Prison for Joseph Carroll in Fentanyl Overdose Death of Michael Burnett Jr.
Joseph Carroll, a 44-year-old former resident of Shady Lane in Palm Coast, was sentenced to 15 years in prison this morning for causing the death by fentanyl overdose of 31-year-old Michael Burnett Jr. in June 2018. Carroll and Allyson Bennett, 40, had sold the drug to Burnett shortly before his overdose.
After 18 Months of Silence on Allegation of Sex Assault, Ex-Palm Coast Doctor Will Answer Charges
The civil case against physician Gerard Abate, accused in a suit of deceiving and raping a woman at his Palm Coast condo in 2017, has been redirected to a more ordinary trial track after taking a bizarre turn for the 18 months Abate did not contest the charges against him.
In a First in Flagler, Sheriff Goes Civil Route to Evict Repeat Drug Offenders in Mondex
For the first time in the county, the Flagler County Sheriff’s Office invoked a civil nuisance abatement law to evict a homeowner from a homesteaded property that had been used “to facilitate criminal activity,” including drug use and sales, according to the judge’s order granting the eviction.
Judicial Nominating Commission Begins Process to Fill County and Circuit Judgeship
The Judicial Nominating Commission for the Seventh Judicial Circuit that includes Flagler County will map the process that will lead to the nomination of candidates to fill two judgeships that have come open in the circuit: a circuit judgeship in Volusia, after the retirement of Margaret Hudson, and a county judgeship in Putnam, after the elevation of Joe Boatman.
Court Running Out of Patience With Sex-Offender Probationer Who Keeps Violating Rules
Bryan Lemus was spared prison three years ago after a plea deal that reduced charges of molesting a minor to child abuse. He was sentenced to probation, but has since violated his probation twice, the last time in December after violating a prohibition on using social media to exchange explicit images with a woman.
Florida Democrats Seek Prison Release for Non-Violent Offenders After 65% of Time Served Instead of 85%
Calling the state’s criminal justice system “outdated,” Tampa Democratic state Rep. Dianne Hart filed a proposal this week (HB 115) that would allow non-violent offenders to reduce their mandatory time served from 85 percent to 65 percent through their successful completion of academic and other learning courses while incarcerated.
Brenan Hill Now Faces Murder Charge as Savannah Gonzalez, Victim in Microtel Shooting, Dies
Brenan Hill now faces a second-degree murder charge in the shooting of Savannah Gonzalez near the Microtel in Palm Coast in March 2021. The State Attorney’s Office today filed the new charge. Hill is scheduled for an August trial.
Ex-Palm Coast Doctor Facing Rape and Deceit Allegations Says He Was Never Served
A year and a half after a civil lawsuit was filed against him, claiming he deceived, drugged and raped a woman at a condo in Palm Coast, Dr. Gerard Abate says he was never served. A judge will decide whether Abate or a process server are telling the truth at a hearing next week.
In Putnam, a 38-Year-Old Man Is Sentenced to Die, Again, and a 21 Year Old Will Serve Life in Prison
Timothy Wayne Fletcher, 38, was sentenced to die at the state’s hand for the murder of his stepgrandmother Helen Googe in 2009. Anthony Foxx will serve life in prison without parole with the stabbing death of his Ayana Belton, who was 16.
A Defendant Says he’s Going to Prison for Doing What His Domestic Violence Classes Told Him to Do
Leon Marcus Criswell was sentenced to 17 months in state prison in a domestic battery case, but he says his case was aggravated because he did just what his counselors in domestic violence classes taught him to do: he sped away from what he saw as trouble before it got physical.
DeSantis Picks 4 Judges for Revamped 5th District Court of Appeal, Which Hears Flagler Cases
DeSantis named Florida Gaming Control Commission Chairman John MacIver, Palm Beach County Circuit Judge Paige Kilbane, Duval County Circuit Judge Adrian Soud and Putnam County Judge Joseph Boatwright to serve on the appellate court, which will hear cases from a large swath of North Florida and Central Florida.
Lawsuit Cites Splash Pad Contractors’ ‘Collective Negligence’ and Bond Company’s Refusal to Pick Up Pieces
The lawsuit Palm Coast government filed to recover damages from the broken splash pad at Holland Park names three contractor, accusing them of negligence, breach of contract and warranties, and violations of Florida’s building code. The lawsuit also names the bonding company, revealing that the company has allegedly refused to comply by the bond’s terms.
Jury Convicts Rene Laso In Smiles Bar Stabbing After Propositioning Woman; He Faces Up to 30 Years
A jury on Wednesday convicted Rene Laso, a 56-year-old resident of Zachary Place in Palm Coast, on two counts of aggravated assault in the stabbing of a man and a woman at Smiles night club a year and a half ago. The incident was triggered after Laso propositioned the woman for sexual favors in exchange for $5,000.
Woman Is Tased in Courtroom After Struggling With Bailiffs and Refusing to be Handcuffed
Evone Diane Clifton, a 39-year-old resident of Hastings, was tased in County Judge Melissa Moore Stens’s courtroom at the Flagler County courthouse on Thursday (Dec. 8) after allegedly fighting and striking bailiffs and refusing to be handcuffed, moments after the judge ordered her re-arrest for failing a urinalysis test. She was supposed to enter a plea on two previous misdemeanor counts that day.
Billing Herself as ‘Fiercely Independent,’ Dr. Wendolyn Sneed Will Be District’s Next Medical Examiner
A panel of powerful law enforcement, judicial and medical officials today unanimously chose Dr. Wendolyn Sneed, the chief medical examiner in Palm Beach county, as the next chief medical examiner for Flagler, St. Johns and Putnam counties, one of the most powerful, least visible jobs in the judicial system. The job pays $320,000 a year.
Ex-Palm Coast Doctor Doesn’t Contest Civil Suit Alleging Grave Claims; Judge Sets Trial for Damages
An unusual trial for civil damages that may feature only the plaintiff is scheduled in Flagler County Circuit Court for January against former Palm Coast physician Gerard Abate in a lawsuit he did not contest, alleging he drugged and raped a woman he had met on a dating site.
Critical Medical Examiner Choice for Flagler’s District Down to Chief of Palm Beach Office and One of Her Assistants
Dr. Wendolyn Sneed is the Chief medical Examiner for District 15 in Florida, which covers all of Palm Beach County. She is also Dr. Catherine Miller’s boss. Miller is an associate medical examiner. On December 6, Sneed and Miller will be vying for the same job: Chief medical Examiner for District 23, which covers Flagler, St. Johns and Putnam counties, and is one of the least visible, most consequential jobs in the criminal justice system.