A federal judge has ruled that two authors and a student can pursue First Amendment claims against the Escambia County School Board over the removal of the children’s book “And Tango Makes Three” from library shelves. But U.S. District Judge Allen Winsor, in a 27-page decision Thursday, dismissed allegations against state education officials and leaders of the Lake County school district.
Cops/Courts
Brendan Depa’s Sentence: Neither Vengeance Nor Mercy. Only Humane Justice.
On May 1 Circuit Judge Terence Perkins will sentence Brendan Depa on a charge that carries a maximum penalty of 30 years in prison. The punishment will be nowhere near that: the sentencing guidelines don’t call for it, the incident doesn’t warrant it, and Perkins is not a hanging judge. The question is whether he will impose any prison time, and whether reason and justice, not mercy or vengeance, will prevail.
Palm Coast’s Alan Avellan Sentenced to 3 Years in Prison Over Secret Videos of a Child and Overt Sexual Acts
Alan Avellan Jr., the 38-year-old Palm Coast resident arrested last year on charges of casting pornographic videos to a television that children were watching in his house, was sentenced to three years in prison followed by eight years on sex-offender probation, and was designated a sex offender for life. He pleaded guilty to eight felonies that added up to a maximum of 70 years in prison, resulting from his abuse of children’s privacy and his own inappropriate acts in their presence.
17-Year-Old Runaway from Wisconsin and Companion Found in Palm Coast and Arrested for Car Theft
A 17-year-old adolescent reported missing out of Green Bay, Wis., and an 18-year-old woman from that state were found in Palm Coast and arrested for grand theft auto. The vehicle belongs to the adolescent’s father, who had been traveling, and who’d locked away the keys.
Lawsuit Blames Flagler Schools’ Failure to Address Brendan Depa’s Known Needs and Risks Before Attack on Aide
Brendan Depa, the now-18-year-old former Matanzas High School student captured on surveillance video attacking his teacher’s aide 14 months ago, filed suit today against Flagler County schools, accusing the district of failing to properly address his behavioral end mental disabilities, to properly train the staff in charge, or to provide legally required educational supports. The failures led to a grave but foreseeable, violent incident, the lawsuit states, injuries to the aide, and the prospect for prison for Depa.
For Derrius Bauer, Co-Defendant in Circle K Murder, a Choice Between Risking Life in Prison and a Grim Deal
The guilty verdict and sentencing of Marcus Chamblin last week in the shooting death of Deon Jenkins did not end that case. Derrius Bauer, his co-defendant, is scheduled for trial in September. Bauer previously refused a plea deal or to be a witness for the state, against Chamblin. He is now paying the price of loyalty, having few options, none of them likely to foreclose on a fate similar to Chamblin’s.
Palm Coast Man Accused of Attacking a Woman, Then Breaking Into Her Ex’s Home and Attacking Him
Christian Michael Smith, a 25-year-old resident of Quarter Horse Lane in Bunnell, faces two felonies, including one punishable by life in prison, on accusations that he briefly imprisoned and assaulted the mother of his child, then drove to the Palm Coast home of the same woman’s ex, with whom she also has a child, broke in, and assaulted him there.
The Dis-Education of Brendan Depa
Brendan Depa, the now 18-year-old former Matanzas High School student to be sentenced on May 1 on a first-degree felony count of assaulting a teacher’s aide, is alone being punished for what in fact amounts to a systematic and catastrophic failure, on the part of Matanzas High School and district officials, to follow Depa’s Individualized Education Program, which set out guidelines and requirements on how to contend with his mental health issues.
Construction of Roundabout at Cody’s Corner, One of Flagler’s Deadliest Intersections, Begins Monday
Finally, construction of the roundabout first planned in 2018 at Cody’s Corner–the intersection of State Road 11 and County Road 304, one of the deadliest in the county–begins Monday. The roundabout is the result of two studies that confirmed what local residents have always known: the intersection is a magnet for crashes, with six deaths there since 2014–two in 2022 alone–and 15 injuries.
Bunnell Man Faces 2 Felony Child Abuse Count After Accusations He Recklessly Slung Occupied RV Around
Michael Gambino, a 51-year-old resident of Hibiscus Street in Daytona North, faces two felony child abuse counts and a battery count after his family accused him of intentionally driving recklessly as he towed the RV in which his wife and her two children were huddling. His wife called police from the RV while Gambino was still driving.
School District Still Cagey About $719,000 It Lost to Fraud, But Lawsuit Possible as Details Emerge in Drips
Six months after it was defrauded of $719,000 in a conventional phishing scheme, district officials had little to disclose in an update to the school board, though about $20,000 was recovered and a board member suggested that a lawsuit may be ahead in hopes of recovering more. The money was due the construction company building the Matanzas High School addition.
A 59-Year-Old Woman Dies After Getting Pinned By Her Rolling Car at South End of Flagler County
A 59-year-old woman lost her life when she was pinned by her rolling car on an isolated property on Strickland Road and Boice Lane at the south end of Flagler County late Monday night.
Civilian Oversight Boards Are Now Prohibited from Investigating Police Misconduct in Florida
Gov. Ron DeSantis signed two bills last week that would prohibit civilian oversight boards from investigating police misconduct and stop people from getting too close to first responders doing their jobs.
The Marcus Chamblin Trial in Pictures
A pictorial documentation of the six-day trial of Marcus Chamblin on a first-degree murder charge in the death of Deon Jenkins, featuring all the main participants and some of the evidence, traces the trial’s development from jury selection to its conclusion today (April 15), when Jenkins was found guilty and sentenced to prison.
Marcus Chamblin Found Guilty in Murder of Deon Jenkins; He Is Immediately Sentenced to Life in Prison
After deliberating for just 48 minutes, a stunningly short amount that betrayed the inevitability of the case, a jury of 12 today–eight women, four men, three of the jurors black– found Marcus Avery Chamblin guilty of first-degree murder in the shooting death of Deon O’Neal Jenkins the morning of Oct. 12, 2019 at the Circle K off Palm Coast Parkway. He was sentenced to life in prison.
Flagler County Sheriff’s Office Honored for Commitment to Hiring Military Veterans
The Flagler County Sheriff’s Office is proud to announce that the agency has earned the designation of VETS Indexes 4 Star Employer in the 2024 VETS Indexes Employer Awards. The award recognizes the organization’s commitment to recruiting, hiring, retaining, developing, and supporting veterans and the military-connected community.
Prosecution Stumbles to an End in Chamblin Trial for Murder as Star Witness Confounds Both Sides
The prosecution in the trial of Marcus Chamblin for the murder of Deon O’Neil Jenkins outside a Palm Coast Circle K in 2019 drew circles of circumstantial evidence around Chamblin, some of it damning, as the evidence portion of the case stumbled to an end on the fifth day of trial today. But the defense was also effective at showing the state’s flawed star witness to have lied often. The jury went home for the weekend. Closing arguments, deliberations and a verdict are expected on Monday.
Local Governments Ask Court to Dismiss Suit by ‘Disgruntled Citizen’ Challenging Carver Center Agreement
The three local governments and one agency that each have a role in funding or running the Carver Center in South Bunnell have filed a motion to dismiss a lawsuit against them filed by what they call a “disgruntled citizen” who doesn’t like the Flagler County Sheriff’s Police Athletic League’s involvement at the center, and who they say has no standing to sue.
In Chamblin Trial, 2 Prosecution Witnesses Puncture Its Own Claim that Catastrophic Argument Had Preceded Murder
The prosecution in Marcus Chamblin’s trial on a murder and attempted murder charge did not have a good day Wednesday as two of its own key witnesses punctured prosecutors’ claim that the victim, Deon Jenkins, was killed as a result of a catastrophic argument. Both witnesses said that if there’d been an argument, it was petty–not the sort of argument that would cause a man to track him down and fire 16 bullets from an AK-47-style assault rifle, killing him.
Defense Argues Cops Bought Testimony to Accuse the Wrong Man in Circle K Murder of Deon Jenkins
The defense attorney for Marcus Chamblin, who faces life in prison if convicted of the murder of Deon Jenkins at a Palm Coast Circle K in 2019, argued to the jury that the state bought and paid for the testimony of the real killer and built its case around that, while accusing Chamblin and another man.
73-Year-Old Palm Coast Woman Killed in 2-Vehicle Crash on Royal Palms Parkway
A 73-year-old Palm Coast resident lost her life Monday afternoon in a two-vehicle crash she appears to have caused at the intersection of Royal Palms Parkway and Rickenbacker Drive in Palm Coast.
Firearms, Circumstantial Evidence and ‘Eclipse Time’ Punctuate Jury Selection in Circle K Murder Trial
The trial of Marcus Chamblin, 29, began today with jury selection and will last at least through the week. Chamblin faces a first-degree murder charge in the shooting death in October 2019 of 25-year-old Deon O’Neil Jenkins at a Palm Coast Circle K and the wounding of Shakir Terry, now 31. The death penalty is not an option. But Chamblin faces life in prison if convicted. Derrius Bauer goes on trial on the same charges in September.
National Sheriff’s Association Awards Flagler Sheriff’s Office the 2024 Crime Victim Services Award
The National Sheriff’s Association (NSA) notified the Flagler County Sheriff’s Office that FCSO was selected as the winner of NSA’s Crime Victim Services Award for 2024. It’s a prestigious award that annually recognizes outstanding achievement by a sheriff’s office in support of victims.
Local Firebrand Sues Sheriff, County, Bunnell and School Board Over ‘Illicit’ Carver Center Agreement
Eric Josey, a retired New York cop with a brief, checkered history at the Flagler County Sheriff’s Office and an often controversial local firebrand in the name of African-American causes, is suing the Sheriff’s Office, the County Commission, the School Board and the city of Bunnell over the four agence’s recent joint agreement in running the Carver Center, also known as Carver Gym, in Bunnell.
Hunter’s Ridge Resident Faces Felony Animal Cruelty Charge in Shooting Death of a Dog
J.T.T., a 56-year-old resident of Bridle Path Lane in the Hunter’s Ridge subdivision at the south end of Flagler County, was arrested on Monday and charged with a felony count of animal cruelty causing death following his admission to shooting a neighbor’s dog that had bounded onto his property.
Circuit Judge Terence Perkins, Trenchant and Measured Sage of Flagler’s Bench, Will Retire in September
Besides a judicial temperament from central casting, a sparkling intelligence free of presumption and an ability to synthesize legal precedents and concepts to their essence, Perkins had a knack for innovations–the paperless system he ushered in as chief judge, and in Flagler, one of the most advanced and continuing live-video systems in the state, enabling broader access to the court.
19-Year-Old Bunnell Man Is Third Shooter in Bunnell Firefight That Left Victim in Critical Condition
The third and last individual wanted by Bunnell police in the March 16 shooting that left a bystander in critical condition was arrested today, closing the police department’s portion of the investigation as the matter moves to the State Attorney’s Office and Circuit Court.
Flagler Beach Motorcyclist Airlifted After Crash with Drunk Driver Who Blew Through Stop Sign
Flagler Beach motorcyclist Brian Tiller, 43, was severely injured and airlifted to a hospital and Isaiah Warren, 25, arrested on drunk driving and other charges Tuesday evening following a crash in front of the Post Office in Flagler Beach, at the intersection of South Daytona Avenue and South 3rd Street.
Marcus Chamblin’s Defense Loses Almost All Key Motions It Sought Ahead of Next Week’s Circle K Murder Trial
Marcus Chamblin, 29, is one of two men facing murder and attempted murder charges in the death by fusillade of Deon O’Neil Jenkins and the wounding of another man, S.T., as they sat in a car at the Circle K on Palm Coast Parkway early the morning of Oct. 12, 2019. The defense lost motions to keep out of view of the jury a set of lyrics that could amount to a confession, and evidence found in the car Marcus Bauer and Chamblin drove out of Flagler County.
Six Life Terms for Andrew Sharp, 22, Who Repeatedly Assaulted His 8-Year-Old Cousin and Procured Her
Six weeks after Donald Andrew Sharp was found guilty of raping his cousin starting when she was 8, and of procuring her as a sexual toy to her slightly old brother, Circuit Judge Terence Perkins sentenced Sharp to six life terms in prison without the possibility of parole. Sharp was unreactive.
They/Them vs. Him/Her: A Federal Judge Will Decide Legality of Florida’s Ban on Pronoun Freedom
A federal judge on Friday heard arguments in a court battle over a law restricting educators’ use of personal pronouns and titles in schools, in one of a series of challenges to Florida policies targeting LGBTQ people. The challenge alleges the law violates the teachers’ First Amendment rights and runs afoul of a federal civil-rights law.
School Board’s Colleen Conklin Says County At One Time Paid Entire Cost of School Deputies
Speaking publicly for the first time about the revelation last month that county government was looking to pull back its share of funding for $1.4 million in “legacy” programs it helps pay for in the school district, including about $1 million for school resource deputies, Flagler County School Board member Colleen Conklin today asked for a public conversation, and said “disinformation” has obscured the fact that at one time, more than two decades ago, the county paid for the entirety of the bill.
Marcus Chamblin Trial in Circle K Murder Set for April 8 as Co-Defendant Derrius Bauer Waits Until September
The trial of Derrius Braxton Bauer on a first-degree murder charge in the shooting death of Deon O’Neal Jenkins at a Palm Coast Circle K station in 2019 has been pushed to September to first accommodate the trial of Bauer’s co-defendant, Marcus Chamblin, set for April 8. The Chamblin trial includes a potential list of over 120 witnesses, will stretch over two weeks, and will be one of the more complex local criminal trials in recent years.
Michael Wells Sentenced to 21 Months in Prison for Standoff With Deputies and Domestic Violence
Michael Wells, the 57-year-old Palm Coast resident at the center of a two-hour standoff with police on Brunswick Lane that ended with several felony charges last September was sentenced today to 21 months in prison followed by 24 months on drug-offender probation.
Joint Investigation Leads to Arrest of Antarius Henderson, 23, in Bunnell Shooting that Left 20 Year Old Critical
The shooting incident in Bunnell’s South Anderson Street involved three people firing some 30 or 31 shots (police recovered 31 shell casings): Henderson, the 19-year-old man he’d been fighting with, and a 17-year-old boy. Some of the residents around the scene of the shooting, including young children, hid in their bathrooms as bullets flew.
60-Day Rabies Alert Issued for Parts of Palm Coast After Cat Tests Positive
The Florida Department of Health in Flagler County is issuing a rabies alert for parts of the county. This is in response to a cat that tested positive on March 15. So far this year, as of Wednesday, the Department of Health lists 1,565 cases of possible rabies exposure in Florida, including 136 cases in Broward County, 125 in Miami Dade and three in Flagler. Twenty-three people have died of rabies in the country since 2009.
Sally Hunt Is Right: Security Isn’t What It Should Be in Flagler’s Biggest Public Building
Flagler County School Board member Sally Hunt is right when she deems certain public meetings less than secure. The county and the school board need to to take their own and the public’s safety more seriously in the Government Services Building–the county seat–not with harebrained ideas like locking public meetings’ doors, but with reasonable, inexpensive and unintrusive measures such as metal detectors that are becoming standard in public buildings.
A Hunter In Bunnell Is Mistaken For a Wild Turkey and Shot In Front of His Young Sons
Frank Coleman Whiddon, a 37-year-old Pierson resident, was turkey-hunting with his two sons–one of whom was celebrating his 12th birthday– right at sunup Sunday morning in the woods near Bunnell when he was himself mistaken for a turkey by another hunter and shot.
Sheriff, Palm Coast and County Examine How to Share Burden of Adding 3 Dozen Deputies Over Next 3 Years
The Flagler County Sheriff’s Office has a current deficit of 37 road deputies, according to an analysis produced for the Sheriff’s Office, Palm Coast and the county. The analysis is intended to yield an objective, permanent method of paying for law enforcement based on calls for service. The analysis was the centerpiece of a joint meeting today of the two governments and the Sheriff’s Office as they devise ways to share the burden of law enforcement funding.
Ex-Marine Offended By Jesus Joke Repeatedly Stabs One Man and Pummels Another at Palm Harbor Pkwy. Circle K
Hunter Detherow, a 22-year-old former U.S. Marine, is at the Flagler County jail on $300,000 bond following accusations that he repeatedly stabbed one man and beat up another after a discussion on religion took a bad turn at the Circle K at Palm Harbor near midnight Sunday.
Admitting to Role in Killing Him, Tyrese Patterson Called 16-Year-Old Noah Smith His ‘Dog’ and ‘Best Friend’
Circuit Judge Terence Perkins has denied a motion by 22-year-old Tyrese Patterson’s attorney to exclude a long confession from his upcoming trial on a charge of murdering 16-year-old Noah Smith in a crossfire in Bunnell two years ago. That confession includes details about what led up to the killing, and how Patterson described his relationship with Smith as “best friends” who hung out together frequently. Startlingly, he also said the killing had not changed him.
Superintendent ‘Would Be Surprised or Shocked’ By County’s Move Away from School Deputy Support
Dampening the county’s hopes to reduce the $1 million it contributes to the School Board to pay for sheriff’s deputies in every school–and more in other “legacy” contributions, as the county calls them–Flagler Schools Superintendent LaShakia Moore says she does not see how the community would accept a retreat from the combined commitment by the School Board and the County Commission.
Shooting in Bunnell Leaves a 20-Year-Old Man in Critical Condition
A 20-year-old man is in critical condition after suffering gunshot wounds in Bunnell late Saturday night, according to Bunnell Police Chief Dave Brannon.
Cash Bail: Unfair, and a Violation of Due Process
When arrested on suspicion of committing a crime, everyone in the United States has the right to due process and to defend themselves in court. But in a cash bail system, when judges set bail amounts, those who cannot pay the full amount remain jailed indefinitely — a clear violation of their due process rights — while the rich can pay their way out of jail.
DeSantis Says Undocumented Immigrants Will ‘Regret’ Coming to Florida as He Signs Harsher Penalties Into Law
One bill doesn’t mention migrants specifically but imposes a mandatory 10-day jail sentence for a third or subsequent conviction for driving without a license or with a license that has been suspended, cancelled, or revoked. Another bumps criminal penalties for people who commit felonies after having been deported and returning to the United States.
Watchdog Groups Call on Gov. DeSantis to Veto Ethics Bill Restricting Investigations of Corruption
A coalition of state watchdog groups have sent a letter to Gov. Ron DeSantis, calling on him to veto an ethics bill that prohibits ethics commissions from pursuing any investigation of public officials or candidates for public office unless it comes from an individual “based on personal knowledge or information other than hearsay.”
Houston Had a Problem. Flagler Sheriff’s Deputies Solved It: Suspected Armed Robber Arrested in Palm Coast
Asdrubal Rios Rodriguez, 35, was arrested amid a swarm of deputies, Glocks and rifles drawn, Tuesday on Palm Coast Parkway after authorities received an advisory from Houston police that the Tahoe Rodriguez was driving was connected with an armed robbery at a jewelry store. Some $79,000 in cash and several pieces of gold jewelry were found in the Tahoe.
Wrongfully Arrested Migrant To Be Freed on Immigration Bond as Civil Rights Suit Is Filed Against St. Johns Sheriff
Virgilio Aguilar Mendez, the Guatemalan migrant who had been wrongfully arrested outside his motel in St. Johns County last May and charged with manslaughter after the sudden death by heart attack of his arresting deputy, is to be released from federal custody on an immigration bond this week. On Tuesday, one of his attorneys filed an amended federal lawsuit accusing St. Johns County Sheriff Robert Hardwick of violating Mendez’s civil rights.
Thieving Trio Leads Cops on Chase From Target Shopping Center Before Crashing into Retention Pond
A thieving trio wanted on numerous warrants from other counties or on probation allegedly got away with $1,837 worth of merchandise from two Palm Coast businesses before leading police on a chase along State Road 100 and crashing into a retention pond near the intersection with I-95 Tuesday afternoon.
47-Year-Old Woman Dies, Man Critical in Single-Vehicle Crash on I-95 Near Old Dixie Highway
A 47-year-old woman lost her life when the vehicle she was riding in struck and flipped over the guardrail on I-95 north of Old Dixie Highway late Saturday night. The driver, a 47-year-old man from Hastings, was in critical condition.