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.
Circuit & County Court
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.
Half of Florida’s Students Now in Districts Defying DeSantis Ban on Mask Mandates as Judge Readies to Rule
Circuit Judge John Cooper said he was “still wrestling” with the “sophisticated legal issues” presented in the case and promised to issue a verbal decision at 10 a.m. Friday. DeSantis on Thursday promised to appeal if Cooper does not side with the state.
As 8 School Districts Approve Mask Mandates, DeSantis Administration Argues in Court Against Them
As the legal battle plays out, eight school districts as of Tuesday afternoon had voted to require masks for students, with exceptions only for students whose parents submit doctors’ notes. The mask mandates in the eight counties cover an estimated 1.23 million students, based on state enrollment data from the 2020-2021 school year.
Palm Coast Man Accused of Shooting Into a Neighbor’s House Wants to Go Home. Judge Swiftly Says No.
The swiftness of Circuit Judge Terence Perkins’s decision, paired with the brief but wrenching testimony of one of the victims, was a passing illustration of how the casualness of gun wielding in a county where almost a fifth of adult residents have a concealed weapon permit at times results in severe consequences–and potentially deadly incidents, with continuing ramifications for all involved.
Man Who Killed Flagler Sheriff’s Deputy Chuck Sease in 2003 Wants Clemency, Half-Way of 35-Year Prison Sentence
Flagler County Sheriff Rick Staly and State Attorney R.J. Larizza have written the state clemency board stern letters opposing any commutation of sentence for Bruce Grove, the now-46-year-old former Palm Coast resident serving 35 years in prison for the killing of Flagler County Sheriff’s deputy Charles “Chuck” Sease in 2003 as Grove was eluding other deputies in a chase.
Judge Will Weigh DeSantis Order Banning Mask Mandates in Schools
A Leon County circuit judge has scheduled a hearing Friday in a lawsuit filed by parents challenging an executive order by Gov. Ron DeSantis that seeks to prevent school districts from requiring students to wear masks during the Covid-19 pandemic.
James Harris of Jimmy’s Hang 10 Will Remain in Jail Pending Trial as Judge Denies Motion for Bond
Circuit Judge Terence Perkins this afternoon denied a motion by James Harris’s attorney to release Harris from jail, on bond, pending trial on three charges of molestation involving his stepdaughter over what she says is a period of five years. She is 14. Harris is the 61-year-old owner of Jimmy’s Hang 10, the Flagler Beach restaurant, who was arrested on July 2.
FPC’s Shauntiana Stafford, 17, Killed Herself in 2019. Her Mother is Suing Flagler Schools, Charging Wrongful Death
Seemingly the first such lawsuit in recent decades in Flagler, the case opens a rare window into bullying issues behind normally restrictive student privacy laws, potentially revealing in detail the psychological and mental context of a student in the weeks and months leading up to her death, her relationship with school staffers, and the district’s responses in all its intricacies.
Life in Prison for Leon Wiley for Attempting to ‘Erase’ Step-Daughter Through 6 Years of Depraved Abuse and Sadism
55-year-old Leon Norman Wiley Jr.’s three-hour sentencing hearing today included victim impact statements of shattering details from the step-daughter he’d raped, impregnated and pimped out since she was 12, from her mother, and even from Wiley’s own parents, who had no illusions about the crimes he’d committed, though they asked for some mercy.
13-Year-Old Soccer Player Files Suit Against Florida’s Just-Enacted Ban on Transgender Girl Athletes
A 13-year-old Broward County soccer player and her parents are challenging a a new state law that bans transgender female athletes from participating on girls’ and women’s sports teams, arguing that it is unconstitutional and “ignores basic medical science” about trans students.
Leon Wiley Admits He Raped His Minor Step-Daughter for Years But Says Jury Was Wrong to Convict Him
Leon Norman Wiley Jr., 54, was found guilty by a jury of raping his stepdaughter since she was 12, but he argued today that he was owed a new trial because none of the abuse took place in Flagler County. The judge rejected the argument. Wiley is to be sentenced Friday to what may amount to life in prison.