The prosecution and defense traded successes today in the trial of Travis Smith, the 38-year-old Palm Coast resident accused of violently attacking a 49-year-old Palm Coast Lyft driver unprovoked and spitting on him during Covid’s early days in 2020. Smith faces from 21 months to 17 years in prison if convicted.
Circuit & County Court
At His Sentencing, Another Aggrieved Weeks Duels With a Judge: ‘This Isn’t Going to Work For Me’
Duane Weeks Jr., son of ex-Elections Supervisor Kim Weeks and a repeat offender, was sentenced to prison Monday but took on his plea deal and the judge over a no-contact order with his victim, once he’s released from prison.
Trial Begins for Lyft Rider Accused of Attacking and Spitting on Palm Coast Driver in Early Days of Pandemic
Travis Smith, 38, faces up to 17 years in prison if convicted of assaulting a Palm Coast Lyft driver. Smith turned down a plea deal that would have had him serve 180 days in jail and two years of house arrest, but no felony conviction. The driver, an American citizen of Turkish descent and a Palm Coast resident of many years, claims Smith called him a “terrorist.”
2nd Judicial Circuit Judge Barbara Hobbs Hit With 60-Day Suspension and $30,000 Fine
The Florida Supreme Court on Thursday ruled that a Tallahassee-area circuit judge should receive a 60-day suspension and pay a $30,000 fine after she acted as an attorney for her son following his arrest in a shooting incident.
Jury Finds Ian Davis of Palm Coast Guilty of Molesting His 14-Year-Old Niece
The verdict Friday followed a four-day trial, including jury selection, before Circuit Judge Terence Perkins. Each of the second-degree felony charges carry a maximum penalty of 15 years in prison when Davis, formerly of Seabreeze Trail in Palm Coast, is to be sentenced on July 18.
A Month Out from Sentencing on Felony DUI Conviction, Dan Priotti Is Back in Jail on Domestic Charge
The latest incident is the result of an alleged confrontation between Dan Priotti and his ex-girlfriend, less than a week after a judge ruled against his lawyer’s motion for a mistrial in the DUI conviction. Priotti had been out on bond pending sentencing on May 17. The prosecution may now use the incident as a further argument against leniency.
Back in Court, Wife’s Murderer Says She Was Equally to Blame for Her Own Death
A lengthy court hearing Friday was the first time that Michael Cummings, now 50, spoke openly about the details of killing his wife at their home on Point Pleasant in Palm Coast, at least as he remembered them. He put much of the blame for that night on her, blamed his defense attorneys, and disputed his designation as a murderer.
600-Day Retirement Clock Ticking for Judges Terence Perkins, Raul Zambrano and James Clayton
Circuit Judge Terence Perkins has been the senior judge in Flagler County since 2018, taking over a courthouse in slight turmoil and returning it to a no-drama zone of docket workhorses. He will retire at the end of 2023, along with Judge Raul Zambrano, who had been a felony judge in Flagler previously, and James Clayton, currently the circuit’s chief judge.
Philip Martin Is Sentenced to 25 Years in Prison for Massaging Young Girl as Judge Notes Excess
Circuit Judge Terence Perkins sentenced former Palm Coast resident 56-year-old Philip Martin to 25 years in prison for rubbing, caressing and massaging various body parts of a girl who’d been in his trust when she was 9, 10 and 11. But the judge acknowledged that he would have imposed a lesser sentence had he not been bound by minimum-mandatory requirements.
Flagler County Judge Totten Elected Without Opposition, as Are Seven Circuit Judges
Formerly appointed Flagler County Court Judge Andrea Totten was elected without opposition to a six-year term, as were Circuit Judges Dennis Craig, Matt Foxman, Kenny Janesk, Howard O. McGillin Jr., A. Kathleen McNeilly, Dawn D. Nichols and Stasia Warren.
Ex-Jimmy’s Hang Ten Owner James Harris Sentenced to 15 Years in Prison in Lewd Filming of Daughter
James Harris, the 61-year-old former owner of Jimmy’s Hang Ten in Flagler Beach, pleaded guilty today to three counts of sexually abusing his step-daughter and was sentenced to 15 years in prison followed by 15 years on probation.
Flagler’s All-White Juries Aren’t What They Used To Be. Thank Wokism.
It wasn’t that long ago when an all-white jury deciding the fate of a Black man accused of raping a white woman, let alone a white underage girl, would have taken no more than the few minutes necessary to sign the verdict form declaring the man guilty. That’s assuming the man made it to the courthouse in the first place. Those days are over.
City of Flagler Beach and Golf Course Company Duel with Lawsuit and Eviction Notice
Flagler Golf Management, the company running Ocean Palms Golf Club in Flagler Beach since 2015, has sued the city just as the city has filed an eviction notice in circuit court, and six weeks since the Flagler Beach City Commission voted to end its 35-year lease with the company.
Mistrial in Case Against Kwentel Moultrie, Accused of Raping 16-Year-Old Girl, as Jury Deadlocks
An all-white jury of five women and one man could not agree on a verdict on the charge against Kwentel Moultrie, now 23, of raping a 16-year-old girl when he was 20 in a P-Section house in Palm Coast. The three day trial hinged on whether the sexual encounter was consensual or forced. Moultrie remains in jail on this charge and on unrelated second-degree murder and burglary charges resulting from a December alleged home invasion in the R-Section.
Moultrie’s Defense in Rape Trial: He Was Framed in ‘Cover-Up’ By 16-Year-Old Girl, But His Lies Uncloak Him
Kwentel Moultrie’s defense attorneys argue the sex with a 16-year-old girl was consensual, but was followed by a “cover-up” by the girl and a friend who did not want to be found out after partying with Moultrie and others. Moultrie, in his trial’s second day, faces a first-degree felony rape charge in the 2019 alleged incident in a P-Section house in Palm Coast.
Moultrie’s Trial on Rape Charge Begins After He Rejected a No-Prison Deal, and Got Charged With Murder
Kwentell Moultrie turned down a no-prison deal on a first-degree felony charge of raping a 16-year-old girl, then got charged with second degree murder. His trial on the rape charge began today. He faces up to 30 years in prison if found guilty.
Damari Barnes, 15, Wants Out of $500,000 Bond in Man’s Killing But Lurid Detention Fight May Complicate Things
Damari Barnes, the 15-year-old Matanzas High School student accused of killing Jamey “JuJu” Bennett, 19, at a party in February, wants his $500,000 bond lowered so he can go home, but he and another inmate allegedly ganged up on a cell-mate on April 3, beat him and forced him to drink urine, making more difficult his attorney’s argument that he should be released to his mother on a lower bond.
Facing Life in Prison, Aaron Thayer Pleads to Attempted Murder, 6 Years in Prison and 12 on Probation
Aaron Thayer, 40, the son of George Contos, who vanished from his Mondex home in 2015, faced an attempted first degree murder charge and numerous other charges after threatening to kill his then-girlfriend at the same Mondex property. Flagler County Sheriff’s deputies intervened even as his girlfriend was hiding from him and speaking to a 911 operator.
Judge Perkins Calls It ‘Outrageous’ That Man Is Sitting in Jail Month After Month Awaiting State Hospital Evaluation
Richard Dunn’s case is sharply illustrative of a judicial and mental health system both overwhelmed with mental health cased and often ill equipped to handle them–and of the frustrations of both courts and attorneys in the face of that system. Circuit Judge Terence Perkins spoke without reserve this morning to express his dissatisfaction.
Ormond Beach Father Faces Death Penalty as Jury Finds Him Guilty of Murdering His 5-Month-Old Child for Crying
Daemon Scott already bore a history of brutality on his body when his father, Calib J. Scott, 25, threw, slapped and slammed him because he would not stop crying, killing him. A jury of 12 today found Scott guilty of first degree murder and aggravated child abuse, among other charges. The sentencing phase of the trial begins next week.
Appeals Court Affirms Rulings Against Kimberle Weeks, Who Now Owes County Over $170,000 in Fees
In a pair of one-word rulings on Thursday, the First District Court of Appeal in Tallahassee affirmed lower court decisions against Kimberle Weeks, the former Flagler County Supervisor of Elections, who has been contesting attorneys’ fees she owes the county from two frivolous and defamatory ethics complaints she brought against former County Commissioner Charlie Ericksen and county attorney Al Haddeed.
First Amendment at Center of Lawsuit Against ‘Don’t Say Gay’ Law
A pivotal lawsuit in Florida — related to classroom instruction of sexual identity and gender orientation — could have heavy implications for what the discussions will sound like when it comes to free speech and the First Amendment.
Anguished Neighbors Beg Judge Not to Let Shooter Back In His Home as He Gets Another Big Break on Sentence
Jamal Nejame, the former three-time candidate for office in Flagler Beach, used his victims’ fear that he would reoccupy the property from where he shot at their house last July 4 to successfully reduce his charge from a second-degree felony to two misdemeanors, avoiding prison in exchange for two years on probation.
“Don’t Say Gay” Law Draws Federal Lawsuit Three Days After DeSantis Signs It
Three days after Gov. Ron DeSantis signed the measure, LGBTQ-advocacy groups, parents, students and a teacher filed a federal lawsuit Thursday challenging a new law that includes barring instruction on sexual orientation and gender identity in early school grades.
Mom Calls Charles Swindell, 52, ‘Walking Cesspool’ for Raping Her Child as He’s Sentenced to 30 Years in Prison
The 13-year-old victim’s older sister and mother managed to slip two school-issued iPads in her father’s pick-up truck and recorded him sexually assaulting the girl, which helped prosecute him. He had faced life in prison. A plea deal reduced the possible sentence to 15 to 30 years. The judge gave him the maximum 30.
Palm Coast Pool Contractor Dan Priotti, Found Guilty of 3rd DUI in 10 Years, Faces Prison After Flawed Trial
Dan Priotti, who owns a pool-construction company in Palm Coast, gained notoriety when he was trespassed from Palm Coast City Hall in 2016 and when he unsuccessfully sought an appointment to the county’s Contractor Review Board in 2019. The judge denied a mistrial even though the prosecution inadvertently allowed the jury to hear Priotti speak of his prior DUI convictions on a video, a serious breach of trial rules.
Cornelius Baker’s Death Sentence Commuted to Life In Prison 15 Years After Murder of Elizabeth Uptagrafft in Bunnell Woods
It took Circuit Judge Raul Zambrano three minutes to put an end to the 15-year murder and death penalty case of Cornelius Baker, who, with Patricia Roosa, on Jan. 7, 2007, murdered Elizabeth Uptagrafft after beating her and her family and kidnapping her from her home in Daytona Beach.
In Merciful Sentence, Judge and Prosecution Recognize Defendant’s ‘Huge Service’ in Securing Other Convictions
La Darrien McCaskill, 22, was one of six co-conspirator in one of two armed robberies in 2018 and 2019, which sent others to prison for three to 15 years. He cooperated, and got off with the most merciful sentence so far: no prison. Six months at the local county jail, two years of house arrest, three years on probation.
Bova Again Sentenced to Life in Prison for Murder of Mother of Six, Ending 9 Years of Trauma for Family
More than nine years after he murdered Zuheili Roman Rosado, the mother of six, at a Palm Coast convenience store, Joseph Bova II this afternoon pleaded guilty to second-degree murder and was sentenced to life in prison without parole. Again. Bova is 34.
Dedorius Varnes, Ex-Flagler Sheriff’s Deputy, Gets 19 Months in Prison for ‘Disgusting’ Stalking
Dedorius Varnes, 30, a Flagler County Sheriff’s deputy for almost three years, was arrested (and fired) and charged in two aggravated stalking cases as he abused his authority and threatened residents with harm.
Court Says City-Owned Golf Course Managed By a Private Company Can Be Required to Pay Property Taxes
The court decision could potentially have ramifications in Flagler Beach, where the city owns Ocean Palms Golf Club, a nine-hole golf course, but has been leasing it to a private company since 2015, tax-free. The decision this week suggests local property appraisers may legally deny a local government’s exemption for such privately run amenities.
Javian Neesmith, Is Sentenced to 15 Years in prison in Fentanyl Overdose Death of Dimitry Popkov, 39
Javian Neesmith, a 22-year-old former resident of Buttermilk Drive, was sentenced to 15 years in prison on Wednesday in a plea to manslaughter in the death by fentanyl overdose of
Dimitry Popkov, 39, on Karas Trail in September 2020.
A Disgusted Sheriff Explains Why a ‘Drug Dealer Victim’ Won’t Be Charged in Home-Invasion Killing
Sheriff Rick Staly was clearly and explicitly appalled with having to call Danial G. Marashi a “victim” of the home-invasion and shooting on Dec. 29 at 8 Regent Lane in Palm Coast as he briefed reporters on the arrest of two other suspects. “This is the disgusting part of our job and the criminal justice system,” Staly said.
Found Guilty on All Counts, Palm Coast’s Philip Martin, 56, Faces Life in Prison for ‘Massaging’ Girl, 11
A jury convicted Philip Martin, 56, guilty on three counts of molesting the 11-year-old daughter of his late girlfriend in Palm Coast over a long period, as he took to “massaging” the girl’s legs, back and other body parts while distracting her with his phone. He faces life in prison when sentenced in early May.
Residents of Hidden Lakes and Toscana Appeal Palm Coast Approvals of 2 Self-Storage Lots on Old Kings
A group of Palm Coast residents in the Toscana and Hidden Lakes subdivisions off Old Kings Road have filed an appeal of a decision by the Palm Coast Planning Board clearing the way for a self-storage facility on Old Kings Road. The same group is preparing to file a civil suit in circuit court seeking to quash decisions by the planning board and the Palm Coast City Council clearing the way for both that facility and another like it nearby.
Joseph Bova, Serving Life for Murder, Rejects New Trial But Stunningly Wins Chance to Reduce Sentence to 45 Years
It was another astonishing court appearance and potential shift in a history of astonishing hearings and the trial involving Joseph Bova II, the now-34-year-old schizophrenic serving life in prison for the 2013 murder of Zuheily Rosado, the mother of five, at a Palm Coast convenience store on State Road 100.
Florida Judge Attacks Landmark 1st Amendment Decision Protecting Press as ‘Wrongfully Decided’
Judge Brad Thomas of the 1st District Court of Appeal wrote an 11-page concurring opinion that took aim at the Supreme Court’s 1964 New York Times v. Sullivan ruling, which, in part, required that public officials prove “actual malice” to prevail in defamation lawsuits. But the concurrence’s reasoning and citations lack context.
Two 17 Year Olds Charged in Palm Coast Armed Home Invasion Will Plead to 10 to 15 Years in Prison
Darius Watts and Kori Jones were 15 years old when they took part in a home invasion robbery in Palm Coast’s P-Section in December 2020, when they victimized seven residents, beating and robbing them. They were charged as adults and faced up to life in prison if they were convicted on all charges. The plea deal allows them to lower the penalty substantially. A third defendant, Carlos Dupree, intends to go to trial.
Prosecution Wins Key Ruling to Buttress Alleged Rape Victim’s Testimony in Larry Cavallaro’s Coming Trial
Larry Anthony Cavallaro, the now-74-year-old former Flagler Beach gallery owner who faces a first degree felony rape charge involving a 42-year-old woman at his home in Flagler Beach in December 2017. A judge today ruled in favor of allowing the key testimony of a third party who witnessed the alleged victim’s impairment–and felt it herself, as both women were visiting Cavallaro before the alleged assault.
Retiring Nice-Guy Approach, Flagler County Will Sue 2 Flagler Beach Property Owners Over Dunes Project
Facing an ultimatum from the U.S. Army Corps of Engineers, the county will sue two Flagler Beach property owners to secure beachside easements necessary to allow the U.S. Army Corps of Engineers to proceed with a long-delayed dune-rebuilding project along 2.6 miles of beach in the city. The county had been threatening just such action for 15 months, but was hoping to avoid it.
Judge Re-Commits Richard Dunn, Who Killed His Father in 2006, to State Hospital After Bizarre Incidents
Circuit Judge Terence Perkins termed the re-commitment of Richard Dunn, 61, to a state hospital a “close call.” A change in Dunn’s medication had caused him to act in bizarre ways that worried counselors and health care providers, because some of the behavior and hallucinations mirrored those he exhibited around the time he killed his father in Palm Coast in 2006.
‘Incredibly Manipulative’ Bryan Loveland Sentenced to 4 Years in Prison After Repeat Contempt
Since his arrest in 2017 on second-degree felony charges after he was accused of fondling the 12-year-old daughter of his then-girlfriend, Bryan Patrick Loveland has been engaged in a cat-and-mouse game that he’d been largely winning against detectives, prosecutors and the court: he’d managed to stay out of prison. That ended today.
Ex-Deputy Dedorius Varnes Pleads to Lesser Charges of Aggravated Stalking, Faces Up to 5 Years in Prison
Ex-Flagler County Sheriff’s deputy Dedorius Varnes accumulated six criminal charges in two cases, including two second-degree felonies, and faced potentially up to 40 years in prison. Instead, he will be sentenced to two third-degree felonies and little prison time, if any, based on a plea he entered today.
When Hearing Fleetwood Mac Is a Homicidal Red Flag: Dr. Wants Man Who Killed His Father Back in State Hospital
Richard Dunn, 60, who killed his father in Palm Coast in 2006 and was found not guilty by reason of insanity, had slowly regained degrees of freedom until last September when he started behaving again as he had before the killing. A judge has been holding hearings to decide his fate as he’s sat at the Flagler County jail since September.
District Court Rejects Vitaly Tsabak’s Latest Appeal of 20-Year Sentence in F-Section Arson and Burglary
Vitaly Tsabak was 28 and the bearer of a lengthy prison record, felony convictions and prison stints when he was arrested on charges of first-degree arson, burglary, grand theft and possession of burglary tools in November 2016 after setting fire to a duplex on Fenimore Lane.
Prosecution Drops Felony Fraud Case Against Terry McManus of Flagler Beach’s Ocean Palms Golf Club
Terry McManus, whose company runs the Flagler Beach city-owned Ocean Palms Golf Course, was convicted on a DUI charge and sentenced to four years in prison last fall. He was scheduled to go on trial on a felony fraud charge this morning. The prosecution dropped it in exchange for his plea to a misdemeanor charge. He claimed the state did not have the evidence to convict him on the fraud charge.
Palm Coast Man Who ‘Tortured’ His Child Draws Character Letter from NFL’s Emmitt Smith, and 20 Years in Prison
Deviaun Toler, the 30-year-old former Palm Coast resident a jury found guilty of burning his infant son’s arm with boiling water, leaving him black and blue with marks from whippings and breaking his skull in brutal beatings over “weeks of abuse,” as the prosecutor described it, was sentenced to 20years in prison today, followed by 10 years on probation.
Jimaya Baker, Ringleader in Armed Robberies and Shooting that Left a Man Paralyzed, Is Sentenced to 15 Years
Jimaya Baker, 20, was sentenced to 15 years in prison, the maximum prosecutors asked for, in her role as ringleader of two armed robberies in Palm Coast, in 2018 and 2019, one of them leaving an 18-year-old man half paralyzed and an invalid for the rest of his life. She was one of six co-conspirators in the two robberies. All have pleaded to prison time.
Military Career Over, Ex-Palm Coast Airman Isaac Becker Is Sentenced to 8 Years in Prison Over Rape of Minor
If he’d gone to trial and been convicted, Isaac Becker faced up to 90 years in prison for raping a girl he had a familial relationship with, starting when she was 13 and ending when she was 15. This afternoon, Circuit Judge Terence Perkins sentenced Becker, 22, to eight years in prison, followed by 10 years’ probation and a lifetime designation as a sexual predator.
Ghislaine Maxwell Guilty in Epstein Sex Trafficking Trial: What the Case Revealed About Female Sex Offenders
The majority of sex offenders are believed to be male. Charges lodged against women may include sexual abuse of children but often involve grooming or trafficking girls without engaging in the act of sexually abusing the child.