Conflicting Supreme Court cases gave convicted murdered Cornelius Baker hope that he could get a new sentencing trial and escape the death penalty, as have two previous Flagler death row inmates. But the conflicting cases, again reflecting the contradictions of Florida’s capital punishment laws, now leave his fate in an absurd twilight zone.
Cops/Courts
55-Year-Old Palm Coast Woman Is Killed as She Crossed U.S. 1 South of Royal Palms Parkway
A 55-year-old Palm Coast woman was struck and killed by a vehicle on U.S. 1 south of Royal Palms Parkway in Palm Coast late Saturday night, according to the Florida Highway Patrol.
Supreme Court Refuses to Reinstate Death Sentences in Decision That Could Affect 2 Flagler Inmates
The decisions could apply to about 100 inmates, possibly including David Snelgrove of Palm Coast, who was removed from death row in January after his lawyer successfully argued for life without parole, and Cornelius Baker, whose hope for a new penalty-phase trial is still pending.
Supreme Court Upholds Death Sentence of St. Johns’ James Terry Colley Jr. in Double-Murder
Justices unanimously rejected an appeal by James Terry Colley, Jr., who was convicted of killing his estranged wife, Amanda Cloaninger Colley, as she tried to hide from him in a bathroom of her home. He also was convicted of murdering Lindy Dobbins, who was hiding behind a chest in a closet when she was shot, according to the Supreme Court opinion.
Oral Arguments on Alachua’s Mask Mandate Evoke Hijabs, Nazis, KKK, Crime and, Finally, Public Health
Oral arguments about Alachua County’s mask mandate before a three-judge panel of the First Circuit Court of Appeal Monday was a spectacle of audacious leaps and strange analogies that nevertheless illustrated the sharp and far from resolved divide between mask proponents and anti-maskers, including on the judicial bench.
Charles Swindell, Felon Who Threatened to Burn His Mother and Did Burn a Child, Arrested for Raping Girl
Charles G. Swindell, a 50-year-old resident of Palm Coast, has a long and violent history, particularly with his own family–his mother and his children. But he’s served relatively little time in jail for his felony and misdemeanor convictions since 2013. That may change with his most serious charge yet: raping a child entrusted to him.
“That’s It?” Flagler Sheriff’s Detectives Arrest Five Women in Prostitution Sting After Placing Web Ads
The Flagler County Sheriff’s Office last Thursday arrested five women on misdemeanor prostitution charges in the second such local sting operation in three weeks. None of the women is a local resident.
After Brush With Flagler Deputies, 2 Brothers Brag of Murdering 21 Year Old, But Questions Remain
Angel and Jojo Lobato, the two brothers involved in the traffic stop last week in Flagler County, were arrested in Polk County on first degree murder, grand theft and other charges connected to the stabbing death of 21-year-old Danne Frazier of Winter Haven.
Sheriff Presents 2020 Quarter 1 and 2 Awards
Typically FCSO holds quarterly awards ceremonies where recipients can invite their families and friends to congratulate them, however, with the current COVID-19 pandemic, the regular awards ceremony was postponed. During the week of November 9th, FCSO held several small ceremonies in order to recognize the award recipients.
Bar Deems Her ‘Not Qualified,’ But Senate Confirms Trump Nominee Kathryn Mizelle to Florida Judgeship
At 33, Kathryn Kimball “Kat” Mizelle is President Trump’s youngest federal judge appointee. She will serve in the Middle District of Florida, which includes Flagler County. She has never tried a case, criminal or civil. She was a former clerk for Supreme Court Judge Clarence Thomas.
Belle Terre Elementary Briefly Under Code Blue Alert for Bomb Threat This Morning
Belle Terre Elementary was placed under a “Code Blue” alert early this morning when a parent found a note in the parent’s child’s backpack mentioning a bomb. The parent found the note at the child’s home.
State Attorney Will Seek Death Penalty for Derrek Perkins in Stabbing Murder of Wife Brandi in Hastings
The victim, a resident of Green Cove Springs who worked at a restaurant in St. Augustine, had filed an injunction against Derrek the day before the stabbing and after several intimidating and threatening incidents involving him.
Palm Coast Fire Department Revives Its Junior Firefighter Program to Prepare Young Recruits for a Career
The program is not in competition with the Fire Academy at Flagler Palm Coast High School, but rather a complement to it: students enrolled in the academy are welcome to apply to be in the fire department’s program as it would provide the natural steps in the progression toward becoming a firefighter.
Warrantless Search of Car’s GPS Data Is Constitutional, Florida Appeals Court Rules
The ruling by a panel of the 1st District Court of Appeal rejected arguments by Brandon Joshua Bailey that the GPS evidence, which was obtained without a warrant, should be suppressed and his first-degree murder conviction should be overturned.
Judge Denies County’s Motion to Dismiss Captain’s BBQ Suit But Cracks Open a Way to Get There
While all but ridiculing the county’s claim that it had broken the law by approving a lease amendment with Captain’s BBQ without putting it out to bid, Circuit Judge Perkins was far more receptive to the county’s claim that the amendment had not yet kicked in, and so could not have been breached. He all but drew a map for the county’s next attempt to dismiss the lawsuit, pending the taking of depositions.
Behind an Investigation Alleging How a Case Worker Lied to Cover-Up a Pregnant Runaway Girl’s Escapes
A Flagler County Sheriff’s investigation points to a case worker’s alleged criminal misconduct as much as it does at cracks in a child-welfare framework that enabled a runaway girl, pregnant from a rape, to be out of supervision month after month even though her case worker allegedly knew where she was and how she would run away.
Rider Trauma-Evacuated in Vehicle-v-Motorcycle Crash at Belle Terre and Royal Palms in Palm Coast
A motorcyclist was seriously injured in a crash with a vehicle at the intersection of Belle Terre Parkway and Royal Palms Parkway in Palm Coast in early evening Sunday. No one else was injured.
2 ‘Armed and Dangerous’ Teen Brothers Connected to Missing Man’s ‘Brutal Murder’ Sought
JoJo Lobato, 19, fled from Flagler County Sheriff’s deputies after he was pulled over driving the car of a man reported missing, and later found dead, in Polk County. His brother Angel Lobato refused to speak with deputies and was released. Now both brothers are wanted fugitives in connection with the death of Danne Frazier, 21.
Palm Coast Woman Faces Felony Animal Cruelty Charges in Theft and Death of 6 Koi Fish
Mary L.M. Cohill, a 32-year-old resident of Primrose Lane in Palm Coast, faces a series of felony and misdemeanor charges resulting from the alleged theft and actual death of six koi fish from a property on Malacompra Road in the Hammock between Nov. 9 and 10.
Sean Michael Henderson, 48, Dies of Self-Inflicted Gunshot In His Car Off SR11
The Flagler County Sheriff’s Office investigated the death Monday morning of Sean Michael Henderson, 48, who took his life with a gun while parked in his car at property off State Road 11 in Bunnell, south of Cody’s Corner.
Text Alerting Family of an Ongoing Assault Leads Deputies to a Victim of Domestic Violence
A 29-year-old woman allegedly assaulted by her boyfriend as they drove through Palm Coast was fearful of calling 911, but a text to family helped lead deputies to her location Saturday.
Missing Almost 3 Weeks, Xandar Garrett, 13, Turns Up in Pinellas County After Running Away
Xandar Garrett, the 13-year-old boy who disappeared from his home on Oct. 22 after telling his step-mother he was going to walk the dog, was found safe in Pinellas County, where he’d run away.
Appeals Court Will Hear Challenge to Alachua County’s Mask Mandate
The Alachua County case, which will be heard Nov. 23 by a panel of the 1st District Court of Appeal, could serve as a test for mask requirements that have been approved in various parts of the state.
Flagler Jail’s ‘Homeward Bound’ Program Will Help Inmates Learn Skills for Employment
The first course offering will train inmates to design, develop and apply custom designed vinyl graphics onto vehicles. The course will focus first on applying the vinyl graphics to officially mark all FCSO patrol fleet vehicles.
Flagler’s 13 School Deputies Get Tactical Medical Training
Flagler Schools students had a day off but on Tuesday for Election Day, but the Flagler County Sheriff’s Office School Resource Deputy Unit used the vacant rooms at Buddy Taylor Middle School to conduct tactical medical training for first responders.
4 Lone Rangers Arrested in Latest Solo Sex Patrol Operation at Graham Swamp
Flagler County Sheriff’s deputies and detectives arrested four men at Graham Swamp Tuesday afternoon in a sting operation after renewed reports that men were using the park to meet up for sex or pleasure themselves. It was the fifth such sting operation in nine years.
Holland and Klufas Hold On, Staly Wins Re-Election, Don O’Brien and Andy Dance Win County Commission, Ed Danko, Victor Barbosa Win Council Seats
With all early voting results counted, Sheriff Rick Staly had an insurmountable lead to win re-election to his second term, as did County Commissioner Donald O’Brien. Andy Dance, the school board member, also had an insurmountable lead to win the County Commission seat Charlie Ericksen opted not to contest.
As Flagler’s Covid Numbers Keep Going the Wrong Way, Even a Judge Says It Doesn’t Look Good for a Murder Trial
Nathaniel Shimmel, 25, faces a 1st-degree murder charge in the stabbing death of his mother in 2017. He’s willing to plea to 30 to 50 years. The state wants 35 to life. The trial, the oldest on Flagler’s docket, keeps getting delayed despite that mere five-year gap in the negotiations.
Supreme Court Rejects Death Row’s James Dailey’s Appeal in Murder of 14-Year-Old Girl
A three-judge panel of the 11th U.S. Circuit Court of Appeals disputed inmate James Dailey’s contention that newly discovered evidence would clear him in the murder of Shelly Boggio.
Joshua LeMaster, Wounded in August Shooting, Is Accused of Running Drugs Out of Econolodge Motel Room
Joshua LeMaster, a 25-year-old felon, sex offender and Palm Coast resident with no fixed address, who was at the center of a shooting on Hargrove Grade 10 weeks ago, was arrested along with his father for allegedly using an Econolodge room to run a drug operation.
Florida Supreme Court Will No Longer Review Death Sentences, Ending 50-Year Fail-Safe Step
The majority ruling was one of a series of opinions this year in which the Supreme Court, newly packed with right-wing judges, has reversed course on death-penalty and criminal legal precedents, opening the way to swifter and death sentences with fewer obstacles.
A Sexual Predator Released From Prison After 20 Years and Another on Probation Move to Palm Coast
Fabian Roger Padro, 58, moved to 23 Woodfield Drive in Palm Coast after 20 years in prison for kidnapping and raping a woman. Lori A. Szmuc, 52, moved to 4 Pinnell Lane after serving 4 years for raping a 13-year-old boy.
37-Year-Old Motorcyclist Is Killed, Rider Seriously Injured in US1 Crash South of Old Kings Road
A 37-year-old St. Augustine resident was killed and a his 49-year-old wife was seriously injured in a motorcycle crash on U.S. 1 south of Old Kings Road Thursday evening.
19-Year-old Flagler Beach Man Accused of Sexually Assaulting 14-Year-Old Girl at Bulow Plantation
Allen Ross Marine, a 20-year-old resident of Flagler Beach, is at the Flagler County jail since Monday on a charge of sexually assaulting a 14-year-old girl last September in his neighborhood in Bulow Plantation, off Old Kings Road.
Facing Life in Prison, Benjamin Allen, 18, Rejects 30-Year Offer; State Rejects 50-Year Limit for Shimmel in Mom’s Murder
Benjamin Allen, the 18-year-old Palm Coast resident accused of first-degree murder in the shooting death of 17-year-old Elijah Rizvan 15 months ago, and Nathaniel Shimmel, facing a similar charge in the stabbing death of his mother three years ago, are both set for trial after settlement offers were rejected. Shimmel goes to trial next week.
Flagler Sheriff Lands $530,000 Federal Grant to Improve Mental Health Among Jail Inmates
The grant will allow effective training, timely screening for mental illness and substance abuse, evidence-based treatment and case management for individuals involved in the criminal justice system.
A Week Before Prison Term Was to End, Palm Coast Man Faces Delayed Charges On Same 2-Year-Old Case
Brian Scott Odell, 37, pleaded guilty and was sentenced to two years in prison for unlawful sex with a 16-year-old girl, but now faces new charges from that same case, only because it took this long for investigators and the prosecution to produce the evidence. He was to be released to probation next week.
Woman Feared Dead from Drowning After 3 Are Pulled from Rip Currents off N. 3rd in Flagler Beach
Less than a month after a man drowned while swimming with his cousins off South 26th Street in Flagler Beach, two women and a man were pulled from the surf at North 3rd Street before noon today, one of them unresponsive.
Homeless Couple Arrested for Having Sex on Sidewalk Near PNC Bank off Belle Terre
A 42-year-old man and a 39-year-old woman, both homeless of long date in town, were arrested for having sex on a sidewalk by the PNC Bank building on Belle Terre Parkway in Palm Coast Wednesday.
Man Suspected of Robbery at Kay Jewelers in Target Shopping Center Is Arrested in Glare of Various Lenses
The arrest of Tyrone Hunter, 30, is the sheriff’s office’s latest based in large part on technological investigative means–surveillance video, license plate readers, the sheriff’s Real Time Crime Center, and the dot-connecting of the elements and eyewitness accounts by a detective.
From Unpredictable Encounters to Shots Fired, Flagler Sheriff’s Deputies Test Their Split-Second Judgments
A three-week training block is putting every one of the Flagler County Sheriff’s 235 road and corrections deputies through simulated, unpredictable and at times violent situations to test their judgments and evaluate their skills either at de-escalating tense situations or using the proper level of force when necessary.
Palm Coast Approves Addition of 3 Sheriff’s Deputies, Bringing City’s Total to 31, With More Anticipated
The Palm Coast City Council this morning approved the addition of three sheriff’s deputies for supplemental policing in the city, bringing the total of uniformed officers under contract to 31, and the cost of policing the city to $4.1 million.
Desmond Robinson, 56, Retired Cop Who’d Survived Notorious Shooting, Dies Following Motorcycle Crash
Desmond Robinson had retired to Palm Coast several years after he was shot four times in the back by a fellow cop who mistook him for a suspect on a New York subway platform in 1994. Robinson crashed his motorcycle in the F Section Thursday and later died at Halifax hospital.
Sheriff’s Deputy Loses Week and a Half’s Pay Over Abusive Encounter With Flagler Beach Police Officer
Diego Gonzalez, a Flagler County Sheriff’s deputy with the agency since 2015, was suspended without pay for a week and a half–60 hours–and required to write a letter of apology to a Flagler Beach police officer Joseph McCraney.
Larry Jones, Flagler County Sheriff Candidate: The Live Interview
Democrat Larry Jones is a candidate for Flagler County Sheriff, challenging first-term Republican incumbent Rick Staly in the Nov. 3 election. This is a rematch from the 2016 race, when Staly defeated Jones in a three-way race, with 54 percent of the vote.
FHP Trooper Faces Hostile Discrimination Over Time Away on Military Service. Court Rules He Can’t Sue.
An Appeals court ruled that sovereign immunity protects state agencies like the Florida Highway Patrol from the lawsuit filed in 2014 by James Hightower, who alleged he faced a “hostile work environment” at the highway patrol because of leave he took for military duties.
Sheriff Investigating Death of a Man in an RV at Kohl’s Shopping Center
The Flagler County Sheriff’s Office and the medical examiner are investigating the death of a man in his 40s in a recreational vehicle that had parked in front of Auto Zone in Palm Coast’s Kohl shopping Center off Belle Terre Parkway early this morning.
Flagler Beach Felon With a Record of Fraud and Theft Accused of Bilking 7 Residents of $2,000 in Puppy Scheme
Carissa Sarno, a 34-year-old resident of Flagler Beach, had served two years in state prison for fraud and grand theft. She is accused of deceiving and defrauding at least seven people who thought they were buying puppies from her.
Aaron Carpenter, 43, Faces Child Rape Charges Involving Girl Since She Was 12, Last Meeting Her at Palm Coast Hotel
Aaron Duane Carpenter, 43, is at the Flagler County jail on a first-degree rape charge involving a girl over whom he had custody. Carpenter blamed the girl for his behavior, saying “it just happened.”
Today’s Flagler Jail Bookings, Crime and Incident Reports for Palm Coast, Flagler Beach and Bunnell
Palm Coast and Flagler County jail bookings, day and night shift commanders’ crime and incident reports investigated by Sheriff’s deputies and archive.