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.
Circuit & County Court
‘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.
Proposal to Let Death Row Inmates Represent Themselves on Appeal Sparks Sharp Opposition
The proposal, which was released in May, has spurred opposition from a wide range of groups that argue Death Row inmates are not qualified to represent themselves in the often-complicated proceedings, including many inmates who have mental illnesses.
Grace from the Crime of Punishment
Under the appealing but misguided credo of victims’ rights, prosecutors reach plea deals giving disproportionate weight to what the victim’s family wants. The defendant can end up either with a savior, as Joey Renn did this week in Flagler, or, more often, a gang of rage. A person’s fate should never depend on a dice throw between grace and vigilantism.
He Took Their 14-Year-Old Son’s Life in a Motorcycle Crash. Their Grace Saves Him from 9 Years in Prison.
Joey Renn Jr. was speeding at 109mph on his motorcycle through Palm Coast’s Woodlands when he crashed in January 2020, killing Logan Goodman, 14, who’d been riding with him. He faced 7 to 9 years in prison. Goodman’s parents objected, and agreed only to Renn serving six months in jail, then a week in jail every anniversary of Logan’s death, for 14 years.
Flagler County Judge Andrea Totten Announces 2022 Election Run to Keep Seat Created in 2019
Appointed by Gov. Ron DeSantis to a newly created County Court seat in Flagler in 2019, Judge Andrea Totten announced she will run for the seat’s full six-year term in next August’s election. In her two-year tenure she has established herself as a sharp, serious, unassuming and compassionate judge.
Erin Vickers, Serving Life in Prison in Ghastly Case, Loses Latest Attempt to Lower Punishment
Erin Vickers is serving life in prison on numerous counts involving the rapes, video recordings and transmissions of the acts, which involved her then-1-year-old daughter. She argued today that her lawyer was deficient. She lost.
Afraid of Homelessness and Risk of Violating Probation, A Woman Asks Judge to Send Her to Prison. Judge Agrees.
The case of Tonya Bennett is a succession of disturbing catch-22’s that expose the threadbare condition of the social safety net in Flagler County, the uncompromising severity of the judicial system’s probationary system, and the way the local jail and state prison end up being the default asylums for people suffering from mental health illness, and having nowhere else to go for treatment.
James McIntire, 71, Pleads to Molesting Girl, 15, in Exchange for 2 Years in Prison; He’d Faced Up to 15 Years
James Lee McIntire, a 71-year-old resident of 71 Florida Park Drive in Palm Coast, pleaded guilty on Monday to molesting the 15-year-old daughter of a woman who said he’d molested her, too, when she was 14, some 28 years ago. McIntire pleaded only to the offense for which he was charged–the more recent case, which covers several incidents that took place at McIntire’s home in the summer of 2019.
In Wrenching Hearing, Judge Opts for Closure More than Retribution in 5-Year Prison Sentence for Fatal Hit and Run
Joshua Carver had faced up to 30 years in prison for the hit and run collision that left 29-year-old Jonathan Rogers dead on the side of State Road 100 in February 2020. Circuit Judge Chris France sentenced him to five years in prison and five years on probation after hearing from families on both sides of a divide marked not by enmity but mutual loss.
Father of 20-Month-Old Boy Found Guilty of Brutalizing and Burning Him, and Faces 80 Years in Prison
A jury this evening found Deviaun Toler, 29, formerly of Palm Coast, guilty on all charges of aggravated child abuse, felony abuse and neglect at the end of a five-day trial. The victim was his 20-month-old son, who was near death when hospitalized, but survived.
After 3 1/2 Years of Lies, Keith Johansen Is Found Guilty of Murdering His Wife and Is Sentenced to Life Without Parole
A jury found Keith Johansen, 39, guilty in the first degree murder of his 25-year-old wife Brandi Celenza in April 2018 at their Felter Lane home in Palm Coast. Johansen had been angered by his wife’s online “infidelities.” She was the mother of a boy, 6 years old at the time, who was in the house when Johansen shot her twice.
After Lying to Cops, EMTs and His Own Parents About Killing Brandi Celenza, He Takes the Stand to Say He’s Now Truthful
Keith Johansen, who faces a first-degree murder charge in the shooting death of his wife, Brandi Celenza, said he lied about killing her–fabricating stories that she’d killed herself accidentally or by suicide–to protect her name: he didn’t want his parents to know they’d done meth. Now he’s claiming he killed her in self-defense because she was out of her mind and was about to shoot him.
Whippings Had Nothing to Do With 20-Month-Old’s Skull Fracture and Critical Condition, Defense Argues at Trial
In the first full day of Deviaun Toler’s trial on first degree felony charges of aggravated child abuse, his defense attorney said Toler disciplined his 20-month-old son the way he’d been disciplined when he was a child, and argued that the child had suffered from a stroke, not a skull fracture inflicted by Toler.
Keith Johansen Springs New Defense in Gunning Down of Wife Brandi Celenza: ‘Self-Defense’
Keith Johansen, 39, is accused of murdering his wife Brandi Celenza at their F-Section home in Palm Coast in 2018. In opening arguments at his trial this morning, his attorney, discarding previous defenses of suicide or an accidental shooting, said it was self-defense, because Celenza had pointed a gun at Johansen.
‘This Is Not a Jury of My Peers,’ Man on Trial Over Child Abuse Charges Objects Moments Before Jurors Are Seated
Deviaun Toler, 29, is on trial on four charges of child abuse, two of them first-degree felony aggravated child abuse charges, and faces up to 80 years in prison if convicted. He objected to the make-up of a jury of four men and four women, all white but one.
Jury Seated in Keith Johansen Trial, With Key Ruling on Admissibility of Incendiary Video Evidence Still Pending
One of the more high-profile trials of the last few years in Flagler–Court TV will be covering it–the case hinges on indirect evidence. The admissibility of some of that evidence has yet to be decided. The prosecution has surveillance video clips from inside the house graphically revealing sexual situations underscoring infidelities cleaving the couple’s relationship on one hand and Johansen’s violent temper, threats and racism on the other.
2 High-Profile Trials, in Killing of Brandi Celenza and Alleged Disfigurement of a Child, Are Set for Monday
They are two of the most lurid, high-profile, long-lasting cases on the felony docket of Flagler County’s court: Keith Johansen, 39, faces a first-degree murder charge in the shooting death of his wife Brandi Celenza. Deviaun Antriel Toler, 29, faces two counts of first-degree aggravated child abuse. Life in prison is at stake for the relatively young defendants in both cases. And today, both cases were set for trial the week of October 25.
There Is a Vengeful America and a Just America. Guess Which Florida Promotes.
Florida’s sentencing guidelines statute details the primary purpose of sentencing is to punish, not to rehabilitate. Honor demands vengeance. Respect commands justice. Two significantly different approaches.
Marion Gavins Jr., Who Murdered FPC’s Curtis Gray, 18, Is Sentenced to 45 Years in Prison in Plea
Marion Leo Gavins Jr., 20, pleaded guilty today and was sentenced to 45 years in prison for the murder of Curtis Gray, 18, in April 2019 outside a smoke shop in Palm Coast, a killing that shook the Flagler Palm Coast High and Matanzas High communities and that led his mother to create an enduring non-profit in Gray’s name.
6 School Boards’ Challenge to State Ban on Mask Mandates Goes Forward
The decision by Judge Brian Newman came a day before a hearing is scheduled to start in the challenge filed by the school boards in Miami-Dade, Broward, Orange, Duval, Alachua and Leon counties.
Do Unbiased Jurors Exist in Social Media Age Anymore?
It’s a fundamental question for this era: Is it possible to find unbiased citizens to serve on a jury in high-profile cases during an age of ubiquitous social media? The dilemma facing the Supreme Court is how prescriptive they want the voir dire process to be. It could issue an opinion requiring lower courts to ask jurors more penetrating questions about their exposure to media accounts in high-profile cases.
Doctor Recommends Sending Man Who Killed His Father Back to State Hospital. Defense Wants 2nd Opinion.
Dunn, 60, killed and mutilated his elderly father in Palm Coast 15 years ago. He was close to regaining his full freedom this summer when he started exhibiting strange behavior and violated his probation, landing him back in jail for the first time in eight years. A doctor is recommending that he be returned to a state psychiatric hospital.
Flagler Beach Golf Club’s Terry McManus Is Sentenced to 4 Years in Prison on DUI, After Snubbing 2-Year Deal Hours Earlier
Terry McManus, who owns the company running the Ocean Palms Golf Club for Flagler Beach government, had snubbed a plea offer of two years in prison, setting two separate cases. He got sentenced to four years in prison in one case, and now still has to deal with another case where he may yet get more prison time.
In Prison on Another Charge, Angelo Antolino, 31, Is Booked at County Jail on DUI Manslaughter and Homicide
Angelo Michael Antolino, a 31-year-old resident of Commerce Avenue in Deltona, a state prison inmate, was booked at the Flagler County jail on Friday on charges of vehicular homicide and DUI manslaughter as a result of a 2020 crash on U.S. 1 that took the life of 59-year-old Indiana Kern and gravely injured William M. Kerns, 62.
Court Will Consider Returning Richard Dunn, Father’s Killer, to Psychiatric Hospital After Alarming Behavior
Richard Dunn, the now-60-year-old man who stabbed his father to death in Palm Coast in 2006 and spent years in a psychiatric hospital, may be re-committed there just as he was approaching regaining his full freedom. A psychologist retained by Flagler County Circuit Court is recommending that he be re-committed involuntarily for further treatment.
Jury Rapidly Finds Josh Carver Guilty in Hit-and-Run Death of Jonathan Rogers; He Faces up to 30 Years in Prison
Joshua Carver, 36, who claimed not to have known that he’d struck Johnathan Rogers, 29, as Rogers walked on State Road 100 in February 2020, was found guilty of the first-degree felony in less than 30 minutes by a jury Wednesday, ending a three-day trial.
In Flagler Beach, Cop Pulls Gun on Once and Future Commissioner Who’d Called in Assault Claim
Wayne L. Herboldt, a 66-year-old resident of Flagler Beach, was arrested on a charge of aggravated assault after a confrontation with his neighbor, Doug “Bruno” O’Connor, the former Beverly Beach city commissioner who has spoken of his intentions to run for Flagler Beach City Commission.
Prosecution Draws ‘Unspeakable’ Motives Behind Hit-and-Run That Left a Man Dead and Another Facing 30 Years in Prison
Joshua Carver, 36, faces up to 30 years in prison if found guilty of the hit-and-run collision that killed Jonathan R. Rogers as he walked on State Road 100 a year and a half ago. The case the prosecution built today–and isn’t finished building–left little room for doubt that Carver knew he’d been in a grave collision that required him at least to pull over and call authorities, which he never did.
Richard Dunn, Who Killed His Father in 2006, Back in Jail as ‘Bizarre’ Behavior Raises Concerns of More Violence
Richard Dunn, 60, was found not guilty by reason of insanity following the 2006 killing of his 87-year-old father, the famed Dr. Jack Dunn, in Palm Coast. Dunn had been inching his way back to full freedom without court supervision–until a series of weird and at times disturbing behavior in the last few months, including a probation violation, put a pause on all possibilities of full freedom.
Joshua Carver Goes on Trial on 1st Degree Felony Hit-and-Run Charge in Death of Jonathan Rogers on SR100
Jonathan Raymond Rogers was less than two weeks shy of his 30th birthday when he was killed as he walked on SR100, when Joshua Charles Carver’s van swerved and struck him. Carver kept going, claiming he though he’d just hit debris from a truck ahead.
Gov. DeSantis Reshaped Florida’s Appeals Courts. It Seems to Be Working Out for Him
The question is whether the conservative monoculture DeSantis and his predecessors have built within the judicial branch is willing to check excesses committed by the executive and legislative branches, which the Republican Party has dominated for decades. The question is being answered in the negative.
The Gardens Development Wins Key Battle as Court Finds County Commission Acted Properly in Clearing Project
Preserve Flagler Beach, the grass-roots group opposing The Gardens development on John Anderson highway, had sued the county commission and the developer, charging that the commission’s Nov. 16 decision clearing the way for the development was illegal. Circuit Judge Terence Perkins disagreed.
L’Darius Smith Is Sentenced to a Year in Jail Over Baseball Bat Incident, Ending Latest But Not Last Court Odyssey
The long, convoluted, at times controversial case of L’Darius Smith ended Friday with his sentencing to a year in jail for aggravated assault, burglary, theft, battery and the improper exhibition of a weapon in a pair of incidents that go back to early 2020 in Palm Coast, that touched on claims of racial prejudice and involved a stand your ground hearing that Smith lost.
Challenge to DeSantis’s Ban on Mask Mandates In Doubt Again as Appeals Court Reinstates Stay on Judge’s Decision
Pointing to “serious doubts” about the lawsuit, an appeals court Friday put on hold a circuit judge’s ruling that said Gov. Ron DeSantis overstepped his constitutional authority in a July 30 executive order aimed at preventing school mask mandates.
Stay on Mask Ruling Is Lifted, Enabling Local School Boards to Impose Mandate–Until the Next Ruling
Leon County Circuit Judge John C. Cooper today lifted the stay on his own ruling that declared illegal Gov. Ron DeSantis’s executive order banning mask mandates in schools. That opens the way for school districts to impose mandates if they wish–at least until the next step in the case’s legal journey.
An Arsonist’s Redemption: How Daniel Da Costa Avoided 35 Years in Prison on the Strength of His Own Recovery
Daniel Soares Da Costa, now 27, was facing 35 years in prison for setting fires outside a Publix off Belle Terre Parkway in Palm Coast 16 months ago. The story behind Da Costa’s act–his addiction, the loss of his father, and his recovery since his arrest all played into the prosecution’s and the judge’s leniency in a case illustrative of the judicial system’s rehabilitative side.
Lawmaker and Non-Profit Sue Department of Health Over Its Refusal to Release Previously Available Covid Data
The Florida Center for Government Accountability and House Rep. Carlos Guillermo Smith, an Orlando Democrat, late Monday sued the Florida Department of Health and Surgeon General Scott Rivkees over the department’s refusal to provide Covid-related statistical records it used to make public daily.
Is It a Crime to Forge a Vaccine Card?
When people are caught knowingly buying, selling or using false cards, the proof of guilt will often be clear. The real question is about the appropriate punishment. The law gives prosecutors and judges huge discretion on how to charge and sentence offenders.
Family Dollar Arsonist Pleads to Probation, New Sentencing Trial for Death-Row Inmate Cornelius Baker in Spring
Tonya Bennett had faced up to 30 years in prison fora first-degree felony arson charge. She will serve 10 years’ probation if the judge agrees to the plea terms. Cornelius Baker, sentenced to die for the murder of Elizabeth Uptagrafft in 2007, will get a new sentencing-phase trial sometime in spring.
Covid’s Casualties: Sheriff’s Deputy Paul Luciano Dies in Flagler, Circuit Judge Steven Henderson Dies in Volusia
Flagler County Sheriff’s Correction Deputy Paul Luciano was 60. Volusia County Circuit Judge Steven Henderson was 49. Both were still in their prime, at work as professionals and at home as family men. Neither fit the profile of Covid casualties, at least not of previous covid waves. Henderson died of the disease on Thursday at a hospital in Volusia County. Luciano died the same day at AdventHealth Palm Coast.
Judge Rules DeSantis Had No Authority to Ban School Mask Mandates or Punish School Boards That Adopt Masking
Judge John Cooper of the 2nd Judicial Circuit Court of Florida ruled today that Gov. Ron DeSantis had no legal authority under the recently-enacted Parental Bill of Rights to prohibit local school boards from adopting mask mandates that did not include opt-out provisions. The judge found DeSantis’s order “capricious” and not based in evidence, but rather based on an incomplete reading of the Bill of Rights.