The lawsuit civil rights groups filed against Gov. Ron DeSantis over the 2021 law imposing harsher penalties for protesters inciting violence is officially over.
Cops/Courts
54-Year-Old Palm Coast Man Wanted in Flagler Beach Shooting Found Dead of Apparent Self-Inflicted Gunshot
Yairton Garcia, the 54-year-old Palm Coast and Daytona Beach resident suspected by Flagler Beach police of shooting and wounding a man in Flagler Beach in the early morning of Oct. 5, was found dead of an apparent self-inflicted gunshot wound at a Lake Charles house in Palm Coast on Wednesday after Flagler County Sheriff’s deputies had surrounded the house and sent in a robot to investigate Garcia’s whereabouts.
After Closed-Door Meeting, No Sign Palm Coast Is Settling Ballot Referendum Litigation, Which May Go Past Election
Signals from Thursday’s closed-door meeting of the Palm Coast City Council suggest that the city appears not ready to settle the lawsuit over the ballot referendum on a charter amendment that would allow the city more freely to borrow money and enter into lease agreements. If the referendum fails, the case would be moot. If it succeeds, it won’t be the end of litigation: at least twice before courts have invalidated such referendums in Florida well after the vote was certified, and those challenging the measure intend to keep challenging it even if it succeeds at the polls on Nov. 5.
Miami Circuit Judge Alberto Milian Reprimanded
An investigative panel of the Florida Judicial Qualifications Commission recommended a reprimand for Circuit Judge Alberto Milian, according to documents posted on the Florida Supreme Court’s website in June.
Contracted Jail Guard Roberto Martinez of Palm Coast Accused of Pulling Gun on Fiancée
Roberto Martinez, a 34-year-old resident of Bannerwood Lane in Palm Coast, was arrested on a felony aggravated assault with a deadly weapon charge after allegedly intimidating his fiancée with a gun during an argument, and quickly changing into his guard uniform before police showed up, as if to gain favor with deputies.
Florida Court Rules It’s OK to Shoot a Dog in Stand Your Ground Situation
In a case stemming from a man who killed a pit bull when he and his Chihuahua felt threatened, an appeals court ruled Wednesday that Florida’s “stand your ground” self-defense law can apply to cases involving animals. A three-judge panel of the 4th District Court of Appeal said a Palm Beach County circuit judge improperly denied a stand-your-ground immunity hearing for Cassanova Gabriel, who was charged with crimes including cruelty to animals.
Settlement Offer Gives Palm Coast Council Chance to Pull Embattled Debt Referendum from the Ballot
The Palm Coast City Council is holding a closed-door meeting at 3 p.m. on Thursday at City Hall to consider a settlement offer in the lawsuit challenging the veracity of the city’s debt referendum on the Nov. 5 ballot. The offer proposes that opposing sides agree to end the lawsuit and not count the results of the referendum, which will still appear on the ballot. The city would not owe the opposition attorneys’ fees.
Hurricane Milton’s Flagler Path in Pictures: Flooding, Beach Erosion, Damaged Roads and Roofs, but Nothing Disastrous
Hurricane Milton barreled through the midsection of the Florida Peninsula Thursday morning, lashing Flagler County with tropical-storm-force winds (and a few hurricane-force gusts) and up top 19 inches of rain in parts of the county. But damage overall was mostly minor despite floodwaters. Here’s an album in pictures and video.
Flagler County in Federal Disaster Declaration: Residents Can Seek Help; Beach Will Be Repaired at 100% U.S. Expense
President Joe Biden on Friday approved a major disaster declaration for 34 Florida counties that suffered damage from Hurricane Milton, including Flagler, Volusia, St. Johns and Putnam counties. The declaration will help individuals and local governments to shoulder recovery costs, including–for governments–reimbursements for the majority of costs incurred by damage sustained or services provided during the storm and the recovery period.
Who Controls the Flagler Beach Bridge? City and Sheriff Iron Out Bridge-Closure Mix-Up for Future Reference
Flagler Beach officials and Flagler County Sheriff Rick Staly have ironed out a confusing mix-up over who has authority to close the Flagler Beach bridge and under what circumstances, after the city approved a resolution that appeared to grant that authority to the sheriff. The sheriff did not agree with the resolution. The matter’s disposition sets a precedent, or at least clarifies one of the more frequently misunderstood local issues during emergencies–when an how the bridge is closed, if at all, and by whom–and may prevent a similar misunderstanding in the future.
Over 100 Homes in Palm Coast Damaged by Wind; Woodlands a Flood Concern; Surge in Flagler Beach Was Limited
Flagler County and city officials are breathing a collective sigh of relief. Despite the worst rain event Palm Coast has known in its history, despite some floodwaters in Flagler Beach’s low-lying areas and severe winds during Hurricane Milton’s passage over the region, the number of homes that experienced water intrusion have been limited to “a handful,” while the number of homes reporting wind damage, in Palm Coast, stands at 57. The numbers in Flagler Beach are not yet known. The shelter will close today, the night curfew will be rescinded.
With Hurricane Milton’s Worst Ahead, Torrential Rains Raise Flooding Concerns in Palm Coast and Close Roads
Torrential rain in Palm Coast ahead of Hurricane Milton has “severely overwhelmed” the city’s stormwater system. Milton’s advance rain bands have led to a few street closures in the B Section, to city crews special-delivering sand bags to some residents, and to an alert from the city to residents to minimize water usage as the stormwater system is being overwhelmed by precipitation–with the worst yet to come.
Federal Appeals Court Backs Florida Law Cracking Down on Protesters, Overturning Injunction
After seeking help from the Florida Supreme Court on the meaning of the word “riot,” a federal appeals court Monday overturned an injunction against a 2021 state law aimed at cracking down on violent demonstrations. A three-judge panel of the 11th U.S. Circuit Court of Appeals said the law is not unconstitutionally vague and overbroad and would not affect peaceful protesters. Civil-rights groups contended the measure could lead to peaceful protesters facing criminal charges when demonstrations turn violent.
County Has No Intention of Closing SR100 Bridge and Sheriff Says It’s Not His Call Alone. Flagler Beach Had Other Ideas.
The Flagler Beach City Commission in an emergency meeting Monday approved a resolution asking the Flagler County Sheriff’s Office to “exercise appropriate measures” regarding the State Road 100 bridge. The resolution does not explicitly ask the sheriff to close the bridge if need be, but the commission’s discussion before voting on the resolution indicated that intent, even though it appears to clash with the county’s emergency declaration, state law, and the sheriff’s own position.
On an Unsettled Day, Judge Dawn Nichols Brings Order to Court as She Begins Post-Perkins Tenure
A week after Terence Perkins’s retirement, Circuit Judge Dawn Nichols walked into court at 1:35 this afternoon, wished the lawyers, a half dozen inmates inmates and a dozen people in the gallery a good afternoon, and got to work with pleas, a couple of sentencing hearings, bond and status hearings with workmanlike cheer and speed just shy of breathless.
Hurricane Milton, Gaining Force Quicker, Is Barreling Toward Florida’s I-4 Corridor and Flagler By Midweek
Eleven days after Hurricane Helene made landfall in Florida’s Big Bend, Tropical Storm Milton, expected to be Hurricane Milton by tonight, is rapidly gaining strength and is expected to become a major hurricane by Tuesday. It is mobilizing Florida from Tampa Bay through the north-central midsection of the state, including Flagler County, where severe conditions and impacts are expected. Tropical-storm-force winds are expected in Flagler County late Tuesday night into Wednesday. The rainfall potential over the next five days for coastal Flagler County, including Flagler Beach and Beverly Beach, is in the 8 to 12-inch range, and in the 6 to 8 inch range for inland Flagler.
Flagler Beach Police Investigating ‘Suspicious’ Shooting of a Palm Coast Man on A1A
The Flagler Beach Police Department and the Flagler County Sheriff’s Office are investigating what they are terming the “suspicious” shooting of a Palm Coast man on State Road A1A early this morning. The man survived and was taken to Halifax hospital in Daytona Beach.
Palm Coast Says It Has No Control Over Burn Piles on Lands Cleared for Development But Will Seek Attorney General’s Opinion
For years Palm Coast has had an ordinance giving it authority to control where and when burning takes place. The ordinance conflicts with state law, which reserves that authority exclusively to the Florida Forest Service. Rather than approve a new ordinance just yet, the Palm Coast City Council has agreed to seek an Attorney General opinion on what regulatory authority the city could seek within the law.
Palm Coast Fire Department Mourns Loss of Former Colleague Zachary Shane Mahaney, 43, to Suicide
The Palm Coast Fire Department is mourning the loss of Zachary Shane Mahaney, a 43-year-old former firefighter who spent a year with the department until last June. He died by a self-inflicted gunshot on Sept. 25 or 26 in Ormond Beach after going missing from his parents’ home on Sept. 25.
Flagler County Jail Reaccredited Is Reaccredited, One of Just 37 in the State to Have Distinction
The Sheriff Perry Hall Inmate Detention Facility–the county jail–became an accredited correctional facility on October 2, 2018. It was reaccredited on October 6, 2021, and most recently reaccredited again on October 2. Accredited facilities are required to be assessed and reaccredited every three years to ensure they maintain the requirements of accreditation.
33-Year-Old Man With Mental Health Issues Again Arrested After Crash with Injuries and 5 MPH Chase on U.S. 1
Kyle McNary, a 33-year-old Palm Coast resident Baker Acted and arrested after a severe mental health breakdown in late August was again arrested on numerous charges after allegedly attacking his step-father and causing a severe vehicle crash on U.S. 1, after which he led police on a crawl of a chase at 5 miles per hour on the highway.
Same ‘Horrid’ Conditions, Different House: Parent of 5 Arrested 4 Years Ago for Child Neglect Charged Again After Toddler Wanders
Five years ago Nicolas Carter and his wife were arrested and charged with felony child neglect after authorities got complaints about the couple’s Espanola home. The couple was living with five young children in conditions lamentable beyond description. On Friday, Carter was arrested again on a similar charge, felony child neglect, and a misdemeanor charge of obstruction after one of his children–a toddler who was apparently born after the incident four years ago was seen wandering in the street, unattended. The house was in conditions similar to the one in Espanola.
The Fireman’s Son: Flagler County’s Even-Handed, Learned Judge Terence Perkins Retires
Circuit Judge Terence Perkins retires today after six years as Flagler County’s chief judge and 14 years as a judge in the Seventh Judicial Circuit, including stints as chief judge. In a long interview with FlaglerLive, Perkins reflected on a storied career that included a private practice at a firm he co-founded with colleagues, almost all of whom went on to become circuit or appellate judges, on the purpose of local judges, on his personal life, on the isolation and anguish judges feel at times, and on what’s next.
County Judge Andrea Totten on Circuit Judge Terence Perkins’s Retirement: ‘He Will be Profoundly Missed’
County Judge Andrea Totten has known Circuit Judge Terence R. Perkins–who is retiring today–for 13 years, starting from when she clerked for him as a staff attorney in the Seventh Judicial Circuit to when he championed her candidacy for a new county judge seat in Flagler County, to which she was appointed in 2019. Totten reflects on those years, providing a unique perspective on Perkins beyond the courtroom.
Flagler County Emergency Management Director Jonathan Lord Leads Assist Team to Dixie County
Flagler County on Friday sent five team members – Emergency Management Director Jonathan Lord, Communications and Engagement Manager Karen Callahan, Emergency Management Specialist Lovie Haley, as well as Fire Rescue Lt. Tony Guerin and Firefighter Paramedic Savannah Loertscher – to one of the hardest hit areas, Dixie County.
Road Rage Incident on U.S. 1 Involving a Gun Results in 2 Felony Charges for 68-Year-Old Woman
Nancy Lee Leight, a 68-year-old Palm Coast resident, faces two felony counts of aggravated assault with a deadly weapon following a road rage incident when she allegedly brandished a gun against a driver she’d cut off.
Hurricane Helene Leaves 3.2 Million Without Power, Including Thousands in Flagler; Local Damage Minor
As dawn broke over Florida and the Southeast today, 3.2 million people were without power in the wake of Hurricane Helene, which made landfall as a Category 4 storm at 11:10 p.m. in Florida’s Big Bend area–10 miles west of Perry, in Taylor County–and as one of the most destructive storms on record for the area, with winds of 140 miles per hour and a storm surge of 10 to 20 feet. In Flagler County, while power losses reached 10,000, only a few houses reported being struck by trees, with many more trees down on roads.
55 Years in Prison for Devandre Williams, 20, in Killings of Keymarion Hall and Noah Smith, Who Were Both 16
Circuit Judge Terence Perkins sentenced Devandre Bernard Williams to two concurrent 55-year prison terms for the shooting deaths of Noah Smith and Keymarion Hall, both 16, in 2022 in Bunnell. Williams had faced life in prison for either. He pleaded two weeks ago to a sentence of between 40 to 60 years with a mandatory minimum of 25 years on the count involving Hall, leaving it to Perkins to decide where to set the sentence. Co-defendant Tyrese Patterson is to be sentenced on November. Co-defendant Stephen Monroe’s case is still in the pre-trial phase.
Sheriff Staly: Why I Oppose Amendment 3 on Legalization of Recreational Marijuana
As Flagler County voters consider Amendment 3, which proposes the legalization of recreational marijuana in Florida, we must consider the serious consequences the amendment would impose on our community and what its backers, with their well-funded commercials, aren’t telling you, Sheriff Rick Staly writes.
Judge Rejects ‘SLAPP’ Suit by Veranda Bay Developer Against Opponents Who’d Challenged County’s Approval
Rejecting what he saw as an attempt to silence an advocacy organization’s right to challenge development, Circuit Judge Chris France on Friday ruled in favor of Preserve Flagler Beach and Bulow Creek, ending a year-and-a-half-old lawsuit filed against the group by Palm Coast Intracoastal. France termed PCI’s action a SLAPP suit impermissible under state law, handing the grass-roots group a major victory against the chilling effect of such lawsuits on speech and participation in matters of public concern. PCI is under the umbrella of SunBelt Land Management, the company overseeing Veranda Bay near Flagler Beach.
Lawyer for Victim of Alleged Rape by Flagler Paramedic Informs County of Her Intention to Sue
A lawyer representing the victim of an alleged sexual assault as she was being transported unconscious aboard a Flagler County Fire Rescue ambulance has notified county government of her intention to sue. The notice is not a surprise. James Tyler Melady, who had worked as a paramedic with Flagler County Fire Rescue since 2018, had a checkered record and was going to be fired when he resigned in June, was arrested on Sept. 12 on a charge of sexual battery–or rape–of a patient who was passed out with intoxication and was being transported by ambulance to a local hospital the night of Oct.16-17, 2021.
R-Section Man Brandishes AK-47 at Solar Contractors and Orders Them to Leave. He’s Charged With a Misdemeanor.
Roland Littlefield, 53, of 17 Regent Lane in Palm Coast, thought a group of people in a car who were working for a solar company were “casing” the neighborhood, so he allegedly pointed his AK-47 assault rifle at them and ordered them to leave. Similar behavior is typically charged as aggravated assault with a deadly weapon, a felony. Littlefield was charged with using a firearm while drunk, a second-degree misdemeanor .
Sheriff’s Reorganization Nets $650,000 in Cost Reductions, Helping to Fill Shortfalls in Employee and Inmate Healthcare
With the approaching retirements of Division Chiefs Kim Burroughs and David Williams, Sheriff Rick Staly asked his Executive Team to conduct a critical review of their responsibilities and provide him with suggestions to enhance the Sheriff’s Office.
Ex-Paramedic Accused of Raping Patient in Ambulance Is Denied Bond; County Issues New Rescue Protocols
Circuit Judge Terence Perkins this morning agreed with prosecutors and granted the sate’s motion to deny bond to James Melady, the former Flagler County paramedic facing a rape charge stemming from his alleged assault of a patient he was caring for in a county ambulance during an October 2021 emergency call, an assault he video-recorded on his phone. New ambulance protocols now require two people to be with the patient, and will add video surveillance.
‘I Don’t Have a Lot of Pick-Me Up Sort of Topics,’ U.S. Attorney Roger Handberg Tells Flagler Tiger Bay in Fentanyl-Laced Talk
In contrast with Flagler Tiger Bay President Jay Scherr’s irradiating exuberance, U.S. Attorney Roger Handberg’s lunch talk to the club today–including a rare, full complement of the county’s circuit and county benches–was decidedly downbeat, like the Deuteronomy of heroin, opioids and fentanyl and the concurrent hockey-stick-shaped graph of overdose deaths since 2000 in Florida.
FPC’s Dylan Osborne, 17, Killed in Belle Terre Parkway Crash; Man, 60, Dies in Crash from Apparent Medical Episode
Dylan Osborne, a 17-year-old Flagler Palm Coast High School student on a bicycle, was killed in a collision with a dump truck and at a separate location in Palm Coast a 60-year-old man was died in an almost simultaneous three-vehicle crash in mid-afternoon Monday.
Thrill-Seeking P-Section Prowler, 29, Arrested on Aggravated Stalking Charge After Peering Into Girl’s Bedroom
Damon Smith, 29, who served two years ion probation for a bomb threat at FPC in 2013, was arrested on an aggravated stalking charge Saturday after he allegedly peered into a 14-year-old girl’s bedroom and twice prowled around the girl’s P-Section property in Palm Coast in early evening. The girl’s father was waiting for him with a baseball bat the second night.
2nd Lawsuit Filed Against State Meddling in Abortion Amendment
The ACLU of Florida and Southern Legal Counsel filed a joint lawsuit Thursday against the Agency for Health Care Administration, seeking an order for it to cease efforts on its agency website and other media to persuade voters to oppose Amendment 4.
Vague on How, DeSantis Wants ‘Credible’ State Probe Into Man Who Staked Out Trump With a Rifle
Gov. Ron DeSantis said Monday the state needs to investigate the apparent attempted assassination of former President Donald Trump this weekend in Palm Beach County, alongside a federal probe. Without giving specifics, DeSantis said the incident Sunday at Trump International Golf Course in West Palm Beach appears to include multiple violations of state law.
Ex-Paramedic James Melady, 37, Charged with Raping Unconscious Patient in a Flagler County Fire Rescue Ambulance
James Tyler Melady, a 37-year-old resident of 100 Navigator Drive in Daytona Beach and former paramedic, was arrested and jailed in Volusia County early today on a charge of raping an unconscious woman in a Flagler County Fire Rescue ambulance during a service call in 2021.
Bunnell Police Detective Jeff Traylor Is CrimeStoppers’ Flagler County Law Enforcement Officer of the Year
Bunnell Police Detective Jeff Traylor was named the Flagler County Law Enforcement Officer of the Year Thursday at the 24th Annual CrimeStoppers of Northeast Florida awards banquet. The occasion was held at the Daytona 500 Club at the Daytona International Speedway before a gathering of law enforcement personnel and officials from across the Seventh Judicial Circuit that includes Flagler, Volusia, St. Johns and Putnam counties.
Supreme Court Expediting Case Alleging DeSantis Interference with Abortion-Rights Amendment
The Florida Supreme Court agreed Wednesday to fast-track a lawsuit filed by a South Florida attorney alleging that Gov. Ron DeSantis and other state officials are interfering with the campaign for the abortion-rights amendment.
Former Mondex Man Convicted of Unlawful Sex Returns to Ask for a New Trial, Arguing More Bizarre Claims
Four and a half years ago Tonda Royal, 54 at the time, testified in his defense that he’d never had sex with a 16-year-old girl in his camper in the Mondex, or Daytona North, even though his DNA was found in her. He claimed it was a conspiracy, that another girl had gotten hold of his sperm and passed it to the alleged victim, who then inserted it in her to incriminate him. He claimed that racial motives were behind the conspiracy. Royal was back in court today, arguing that he was owed a new trial because his defense attorney, Regina Nunnally, had been ineffective.
Kidnapping, Child Abuse, Aggravated Battery: 2 Men Face Charges in Separate Domestic Incidents That Spiraled
Justin John Peralta, a 40-year-old resident of Richmond Drive in Palm Coast, and Steven McSwain, 47, of Cranberry Avenue in Bunnell’s Mondex, are at the Flagler County jail on grave charges resulting from unrelated domestic violence incidents that spiraled out of control just before the weekend.
Flagler County Fire Rescue’s Andrew Shook Receives Sons of American Revolution Medal
Members of the Sons of the American Revolution on Tuesday awarded Flagler County Firefighter Paramedic Andrew Shook with the Emergency Medical Services Commendation Medal during the regular meeting of the Board of County Commissioners.
Joseph Horovsky, 21, Is Charged with a Life Felony on Accusations of Molestation of a 10-Year-Old Relative
Joseph Horovsky, a 21-year-old resident of 11 Wasserman Drive, was arrested Wednesday and charged with lewd and lascivious molestation, and today, in a filing by the State Attorney’s Office, was charged with molestation of a child younger than 12, a felony punishable by up to life ion prison. He was placed under arrest at his home and booked at the Flagler County jail on no bond.
Flagler Tiger Bay Host U.S. Attorney Roger Handberg on Sept. 18, and Candidate Forum on Sept. 25
U.S. Attorney for the Middle District of Florida Roger B. Handberg will be the keynote speaker at Flagler Tiger Bay on Sept. 18, and all the local candidates on the Nov. 5 ballot, including write-ins, have been invited to a Sept. 25 forum. The forum is open to the public.
15 Years in Prison for Joseph Siano, Who Killed Lee-Ann Daley Driving Wrong Way on US1, His 3rd DUI in 9 Years
Joseph Siano, 65, today was sentenced to 15 years in prison for the drunk driving killing of Lee-Ann Daley, the 46-year-old mother of three, as Siano drove the wrong way on U.S. 1 a few days before Christmas in 2022. He had cataracts, and his blood-alcohol level was almost three times the legal limit.
Father Who Secretly Took Video of 12-Year-Old Daughter in Bathroom Sentenced to 5 Years in Prison, 8 on Probation
Tyler Jon Habdas, the 31-year-old former Palm Coast resident who’d secretly taken video of his 12-year-old step-daughter in the bathroom over six months, was sentenced to five years in prison and eight years on sex-offender probation today. A jury found him guilty of video voyeurism and other charges in a July trial.
Flagler County’s Jonathan Lord Graduates FEMA’s National Emergency Management Executive Academy
Flagler County Emergency Management Director Jonathan Lord on Thursday (August 15) graduated from the FEMA Emergency Management Institute’s National Emergency Management Executive Academy. The program hones strategic leadership thinking for senior leaders involved with multi-jurisdictional, national, international, public health, private industry, and institutes of higher education homeland security and emergency management policy development responsibilities.