Florida Criminal Lawyer Blog

Broward Criminal Defense
Criminal Law & Events
Firearms

Thoren Garthrell was arrested in an Aurora, CO traffic stop just outside of Denver, CO. It had come to light that he, and possibly others, were making threats against Barack Obama. Police are unclear if the threat is credible, but are taking the situation seriously.

They found rifles, one with a scope, boxes of ammunition, walkie talkies, drugs and a bullet proof vest in the rental truck Garthrell was driving.

Additional information was developed which let to the arrest of Nathan Johnson and Shaun Robert Adolph. Both were arrested at Denver area hotels just hours after the arrest of Garthrell. During questioning, at least one of the suspects said he traveled to Denver to kill Obama from a high vantage point with a 750-yard scope.

A United States Attorney said there is no threat against Obama, the Democratic National Convention or anyone attending it.

Posted by William Ryan Moore | Permalink | Email This Post

Posted In: Breaking News

Bookmark:

Criminal Defense Attorney, William Moore wrote:
Sent from Broward County Office

James Cecil Boatman was freed Wednesday, August 27, 2008 on a $2,000 bond. The 27-year-old father was arrested for beating his 5-year-old son because the son received a bad-behavior report from school.

According to the Tampa Tribune, an affidavit stated that Boatman “became enraged” Monday when his son brought the report home. He purportedly asked his son, “Boy, do you want to go to hell or to God?”

When the mother saw the bruises and scrapes on her son’s face, head, neck, arms, back, torso, buttocks and legs, she questioned Boatman about it. He admitted to spanking his son. The mother was at work when the incident took place.

Child abuse occurs when a person intentionally physically or mentally harms a child. Felony child abuse, which, under the statute is considered aggravated child abuse occurs when a person:

1. “commits aggravated battery on a child;

2. willfully tortures, maliciously punishes, or willfully and unlawfully cages a child; or

3. knowingly or willfully abuses a child and in doing so causes great bodily harm, permanent disability, or permanent disfigurement to the child.

F.S. §827.03(2)(a).

Aggravated child abuse (felony child abuse) is considered to be a first-degree felony, punishable by imprisonment of up to 30 years and/or a fine of up to $10,000.

Posted by William Ryan Moore | Permalink | Email This Post

Posted In: Child Abuse

Bookmark:

It wasn’t Casey Jones that was arrested in Tampa, but four men, three of them from out of state. They got caught conspiring to buy seven kilos of coke from an undercover Tampa police detective.

The officers took $124,960 from the four men and arrested them. They are Ronald Turner, a 38-year-old from Jeanette, Pennsylvania; Richard Ortiz, a 39-year-old from Newark, New Jersey; Willie Barr, a 38-year-old, also from Newark; and Israel Aquino, a 35-year-old from Tampa, Florida. They were charged with trafficking in cocaine 400 grams to 150k and conspiracy to traffic in cocaine [over 400 grams].

They met with the “seller” at the corner of John and Benjamin roads in Tampa, and bought six kilos of cocaine. They paid about $21,000 per kilo, according to the Tampa Tribune.

As of this morning (August 28 2008), all four men are still being held at Orient Road jail. Judge Heinrich set bonds at $125,000 for each count for Turner, Ortiz and Barr. The out-of-state men and their co-signers on the bond are required to attend a Nebuia Hearing.

Aquino, who is from Tampa, was charged with an additional count of driving with a suspended license. His bond on the trafficking charges has not been set, but a bond of $250 has been set on the license suspension charge.

Andrea Davis, a police spokeswoman, stated that police could not provide further details, as this is part of an on-going investigation.

Posted by William Ryan Moore | Permalink | Email This Post

Posted In: Breaking News

Bookmark:

The 3-year-old daughter of Casey Anthony, 22, of central Florida, has been missing since June, but Anthony did not report the girl’s disappearance for more than a month. The mom is being charged with child neglect, making false statements, and obstructing the investigation into her daughter Caylee’s disappearance.

Police say that Anthony is considered a “person of interest” in the case of her daughter’s disappearance. Authorities discovered hair, dirt, and a suspicious stain in Anthony’s trunk after cadaver-sniffing dogs detected a scent in the woman’s car. The University of Tennessee Forensic Anthropology Facility has discovered chemical evidence of human decomposition in the trunk which they believe may help solve their case.

Anthony is pleading not guilty and was released from prison on $500,000 bail last week. Her defense attorney escorted her out of jail under a black embrella and reportedly pushed an eager journalist out of her way. The pretrial hearing is scheduled for November 5 with a trial date of November 17.

Source: Trace of human remains detected in Florida mom's car, CNN.com, August 27, 2008

Caylee's mom leaves jail, pleads not guilty, CNN.com, August 21, 2008

Continue reading " Florida Mom Named as Person of Interest in Missing Child Case " »

Posted by William Ryan Moore | Permalink | Email This Post

Posted In: Child Neglect

Bookmark:

Palm Beach Criminal Attorney answers question about burglary:

QUESTION:
What if during the commission of a burglary, the defendant stole a safe that contained a firearm? Is he armed?

ANSWER:
It is well understood in criminal law that a person can be charged with burglary with a firearm where that individual becomes armed during the crime. This occurs when guns are found on the premises and subsequently removed by the defendant. It is not required that an individual bring a gun to the scene to be charged with this most severe offense. Recently, however, prosecutors and judges tried to extend the armed burglary statute to include a person’s taking a locked safe from a residence which contained a firearm. Evidence in the matter clearly established that the defendant could not have known that the safe contained a firearm nor that he could have had access to it. The Appellate courts shot down the notion that this was an armed burglary despite the fact that the defendant, upon completing the crime, in fact opened the safe with a crow bar and discovered the loaded firearm.

Posted by William Ryan Moore | Permalink | Email This Post

Posted In: Ask Ryan

Bookmark:

QUESTION:
Can a defendant be charged with burglary of an “occupied” structure as opposed to “unoccupied” if they were lawfully in an open store which was also occupied by a store clerk and patrons but subsequently went into an “employees only” room and stole a certain amount of money?

ANSWER:
The answer to this question depends on whether or not the “employees only” room was occupied by either store employees or even civilians. There exists a difference between the public store and the private “employees only” room. The later should be seen as a separate structure and subject to a different set of rules than the public structure.

Posted by William Ryan Moore | Permalink | Email This Post

Posted In: Ask Ryan

Bookmark:

Florida investigators have charged a Wellington, Florida man with first-degree murder. They claim that the man introduced the victim to his killer. Bryan Rhodes, 24, went voluntarily to the Greenacres Police Department and shared his side of the story last week, according to police.

His arrest report states that Rhodes served as middle man in a drug deal on July 25 that resulted in the death of Kenneth James Torres, 28. An unnamed suspect told Rhodes he planned to rob Torres of 300 oxycodone pills and give Rhodes 75 pills as payment.

Rhodes did not alert Torres of the plans.

Greenacre police arrived at the 6000 block of Seven Springs Boulevard after Torres was shot outside his vehicle. Torres later died at Delray Medical Center. Rhodes is behind bars on charges of first-degree murder with a firearm, armed robbery with a firearm, and being a principal in the crime.

Man charged involved in deadly drug deal charged with first-degree murder, South Florida Sun-Sentinel, August 23, 2008

Continue reading " Florida Man Charged with First-Degree Murder " »

Posted by William Ryan Moore | Permalink | Email This Post

Posted In: Murder

Bookmark:

Another high profile case is about to hit the books. Final witnesses testified on Monday, and the Court was closed on Tuesday, due to Tropical Storm Fay. On Wednesday, Court resumes. The public will learn of the fate of David Lee Onstott some time this week.

This 40-year-old man is charged in the murder of Sarah Lunde, a 13-year-old teen. Her body was found three years ago – submerged in an abandoned pond in Ruskin.

The forensic experts that testified this past Thursday couldn’t seem to come up with any concrete evidence because of the state of decomposition her body was in – she had been weighted down with concrete blocks and immersed for several days.

The medical examiner, Christina Roberts, could not positively say whether Sarah was sexually assaulted or choked. There is no physical evidence linking Onstott to Sarah’s murder. Soil samples were tested, but it could not be determined that the soil on Onstott’s shoes was the same soil near where Sarah’s body was found. The only thing Maureen Bottrell, an FBI geologist, was able to say was that the two soil samples had the same mineral content. According to aerial photos, the area where Sarah’s body was located is mostly brush and sand-type dirt. She could not say how many other places in the world have this same type of soil.

A family member – Sarah’s sister – testified that her brother Andrew told her Onstott was at the Lundy residence the day Sarah disappeared. He denied this claim, but later, retracted the denial and admitted he was there. He has also been seen at the site Sarah’s body was found.

There is a lot of circumstantial evidence tying Onstott to Sarah’s murder, but no concrete proof. The jurors will have their hands full sifting through all this information and making heads or tails out of it. Prosecutors are not looking for the death penalty in this case and, in my opinion, stand little chance of success in achieving a conviction in this case.

Posted by William Ryan Moore | Permalink | Email This Post

Posted In: Breaking News

Bookmark:

Yesterday, David Lee Onstott was sentence to life in prison. Three years ago, he murdered Sarah Lunde, who was just 13 years old. The Tampa jury convicted Onstott of second-degree murder and battery. The convictions are less than what prosecutors sought, but there was no physical or forensic evidence to link Onstott to the crime.

There was a taped confession, but the Court threw the confession out. In the confession, Onstott admitted to strangling Sarah, though he could not remember where he strangled her. He then disposed of her body in an abandoned fishpond in Ruskin.

The apology to Sarah’s mother and his confession can be found here: http://www.baynews9.com/content/36/2008/8/22/375691.html?title=Onstott%3A%20%27For%20what%20it%27s%20worth%3A%20I%27m%20sorry%27%20

Posted by William Ryan Moore | Permalink | Email This Post

Posted In: Breaking News

Bookmark:

Thursday, August 21, 2008, after a day and a half of deliberations, the jury reached a guilty verdict in the David Lee Onstott trial. He was found guilty of two charges – second-degree murder and battery – in the death of Sarah Lunde. Sarah was just 13 in 2005 when she was murdered by Onstott and dumped in an abandoned fishpond in Ruskin, Florida.

Though prosecutors only had circumstantial evidence, they managed to get a guilty verdict with the testimony from tape recordings and a jail deputy. http://www.baynews9.com/content/36/2008/8/14/373454.html

Circumstantial evidence may imply a specific action occurred. It does not, however, “directly” prove the action occurred. In this case, an example of circumstantial evidence, as indicated in the trial transcript, was trial testimony that indicated Onstott was seen at both the abandoned fishpond and at the victim’s house.

The timeline of the case can be found here: http://www.baynews9.com/content/36/2008/8/11/372610.html

Posted by William Ryan Moore | Permalink | Email This Post

Posted In: Breaking News

Bookmark:

Gabriel L. Kincaid has an arrest warrant in Florida for violating probation and failing to appear on charges of possession of a controlled substance and possession of drug equipment. However, Florida authorizes do not have plans to extradite the 34-year-old suspect.

Kincaid now faces charges in Johnson City, Tennessee for aiding and abetting prostitution in an online escort service and a more recent domestic violence charge for allegedly assaulting his girlfriend, who is also being charged in the prostitution case.

The alleged assault occurred several weeks ago at Kincaid’s home. The girlfriend, Amanda Holder, 25, told police that Kincaid threw a stun gun at her after she poured out his alcohol. A court document reports that the weapon caused a small bruise on Holder’s back.

Kincaid’s preliminary hearing is set for August 28.

Suspect in Johnson City prostitution case charged with domestic violence, TimesNews.net, July 29, 2008

Continue reading " Suspect in Prostitution Case Arraigned on Domestic Violence Charge " »

Posted by William Ryan Moore | Permalink | Email This Post

Posted In: Domestic Violence

Bookmark:

Titusville police arrested four people last Friday after a six-month long investigation into the sale of drugs and counterfeit goods. The four people worked at a small daycare center for children at 3620 Heider Road in Titusville, where they stored the drugs. Police say the center is licensed.

Fifteen grams of the painkiller Lortab, two handguns, and ammunition were taken from the daycare center. Police also found and seized counterfeit goods including fake Nike shoes and Prada and Coach purses from Fresh Fashions at 600 South Street. Their total value equals tens of thousands of dollars.

Antonio R. Curry, 22, of Mims, faces charges of trafficking Ecstasy and cocaine. Andreal Y. Curry, 27, of Titusville, faces charges of trafficking in Esctasy, trafficking in cocaine, possession of cocaine, sale of Ecstasy, and possession of Ecstasy. Rashuan D. Fluellen, 27, of Titusville, faces charges of selling counterfeit goods and violating probation. Juanita Isiah, 37, of Titusville, faces a charge of trafficking in a controlled substance.

Undercover police purchased illegal goods, half a kilogram of cocaine, and 50 grams of Ecstasy during the investigation.

Police find drugs at Titusville day care, FloridaToday.com, August 16, 2008

Continue reading " Four Titusville Daycare Center Employees Arrested for Drug Trafficking " »

Posted by William Ryan Moore | Permalink | Email This Post

Posted In: Drug Crimes

Bookmark:

Police in Titusville, Florida arrested Dramoski S. Perkins, 26, around 1 am on Saturday morning. According to FloridaTorday.com, he man was walking down the middle of the road at Orange Street and Deleon Avenue when police officers patrolling the area on bicycles found him.

He did stop for the police but tried to run when they discovered crack cocaine on him. Officers chased him down, and he initially gave them another name. When the police checked with authorities in Georgia, they discovered that Perkins had a warrant from Doughtery County, Ga. and was released from a Georgia jail by mistake.

Perkins had been living on Grannis Avenue in Titusville but is now in the Brevard County Jail facing charges of murder, armed robbery, and use of a firearm in commission of a felony.

Man Mistakenly Freed From Jail Arrested, Local6.com, August 10, 2008

Continue reading " Man Jailed in Florida After Being Mistakenly Freed " »

Posted by William Ryan Moore | Permalink | Email This Post

Posted In: Prison System

Bookmark:

Law enforcement officers from the Broward Sheriff’s Office, Miami-Dade, Pembroke Pines, and Fort Lauderdale are searching for the man who shot a federal agent on Tuesday in front of a Pembroke Pines post office.

Donald J. Pettit, 52, was married with two children and had a long history of service in the military and the US Customs and Border Protection. Petit’s daughter watched from inside the car as her father was shot in the head following a traffic dispute.

According to Florida Today, authorities would not confirm the circumstances leading up to the shooting. However, sources close to the investigation believe an argument lead Pettit and a motorist to pull into the parking lot of the South Florida Mail Processing Center for a confrontation. Pettit was unarmed, but his gun was later found in his car.

The suspect, described as a fiftysomething man about six feet tall wearing a short-sleeved, plaid green shirt, fled east on Pines Boulevard. Police say they are looking for witnesses. Anyone with information should call Broward Crime Stoppers at 954-493-8477 or go online at www.browardcrimestoppers.org. A $175,000 reward is being offered for tips leading to the suspect’s arrest.

Manhunt on after federal agent is killed by motorist, Miami Herald, August 6, 2008

Continue reading " Police Search for Killer of Federal Agent in South Florida " »

Posted by William Ryan Moore | Permalink | Email This Post

Posted In: Murder

Bookmark:

Kalvin Pearson, formerly with the Tampa Bay Buccaneers, received word from the Hillsborough County state attorney’s office on Monday that domestic violence charges against the player have been dropped.

Pearson was arrested on April 26 and charged with aggravated battery on a pregnant woman and domestic battery by strangulation. Both are considered felonies. He was later released on $500 bond.

According to reports, Pearson’s girlfriend was pregnant with his child and sat in a Chevy Trailblazer when Pearson began to choke her, grabbing the woman by her neck and hair. Though the domestic violence charges have been dropped, the 29-year-old will still be arraigned on September 8 for a misdemeanor charge of obstructing or opposing an officer without force.

Pearson played for the Buccaneers from 2005 to 2007. He appeared in all 16 games in 2007. As a free agent since March, he signed with the Detroit Lions.

Lions' Kalvin Pearson avoids felony charges, CBC Sports, August 5, 2008

Florida charges against Lions' Pearson dropped, Associated Press, August 4, 2008

Continue reading " In Florida, Kalvin Pearson Avoids Charges of Domestic Violence " »

Posted by William Ryan Moore | Permalink | Email This Post

Posted In: Domestic Violence

Bookmark: