Now a jury has found the defendant guilty of 10 felony crimes, including armed robbery, burglary, arson, kidnapping, attempted murder and first-degree murder. The court will decide later this year whether the man will face the death penalty.
]]> In terms of criminal law, the case is especially interesting because the defendant's eldest son admitted to a number of crimes in connection with the home invasion and the house burning. The 23-year-old son, who was said to have a crack addiction, already pleaded guilty to second-degree murder. His plea agreement allowed him to avoid the death penalty. Despite his taking part in the crimes, the son claimed that his father planned the attack.Remarkably, the jury found the father guilty despite a lack any physical evidence that could place him at the scene of the crime. The murder weapon was never found, and the man's defense argued that he wasn't physically capable of committing the murder and setting the house on fire. A physician testified that the man had serious health problems and that he wore a knee brace and sometimes walked with a cane.
Another noteworthy detail is that the wife of the murdered man said that she could hear her husband in another room on the day in question. He was pleading for his life, and she heard him say the name of his killer. However, both the accused father and the accused son share the same first name.
The trial serves as a reminder that criminal charges are not all cut and dry. Evidence has to be closely scrutinized, and there are specific rules pertaining to what kind of evidence is admissible in court. Readers in Broward County who have been accused of a crime should be aware of the laws pertaining to admissible evidence.
Source: Orlando Sentinel, "Tundidor jury verdict: Guilty on all counts," Daniel Chang, May 10, 2012
]]>The woman says she was in fear for her life when she fired a gun to scare away her enraged husband, who even said in court that he had threatened to kill her. Despite the husband's admitting to a history of domestic abuse, the court denied the woman's motion for a dismissal. (In a later hearing, the husband claimed that he initially lied about threatening to kill his wife.)
]]> The woman's filing for dismissal was based on the "Stand Your Ground" legislation, but since the motion was denied, she is facing a mandatory 20-year prison sentence on three counts of aggravated assault with a deadly weapon. However, no one was harmed in the incident in question, and the woman claims she only fired a warning shot to scare her husband away.The court's ruling has many people asking whether or not the "Stand Your Ground" law has been fairly applied in all cases. A representative from the NAACP is looking into the matter, and Reverend Al Sharpton also said that the Florida woman's case deserves a closer look.
The jury in the recent trial took only 12 minutes to find the woman guilty. According to her, her husband threatened her life when he saw she was holding a weapon to protect herself. "I believe when he threatened to kill me, that's what he was absolutely going to do," she said. "That's when he intended to do. Had I not discharged my weapon at that point, I would not be here."
The woman's attorney (not affiliated with this firm) told CNN that he intends to appeal the court's decision.
Source: WPTZ, "'Stand your ground' denied in domestic violence case," Chuck Hadad, May 3, 2012
]]>A physical altercation at a Hollywood gas station led to a 17-year-old skateboarder being charged with aggravated battery. The teenager was skateboarding out of the gas station parking lot when the alleged victim gestured at and said something to the boy. The teenager turned around to confront the man, and a fight ensued.
]]> Lucky for the accused teenager, a surveillance camera caught everything on tape. The video shows that the alleged victim actually threw the first punch. The man's brother then came out of the gas station and punched the boy at least 10 times in the head as the first man tried to hold the boy on the ground.The accused 17-year-old was able to free himself from the fight, but the men chased him down. Apparently fearing for his life, the teenager fought back, stabbing the alleged victim. At that point, the teenager escaped.
The judge in Broward County watched the video and agreed to dismiss the aggravated battery charge, basing his decision on Florida's "Stand Your Ground" legislation. If convicted, the 17-year-old could have been sentenced to prison. A combination of the surveillance video and "Stand Your Ground" resulted in the criminal charge against him being dropped.
The trial involving George Zimmerman may not involve video footage of the incident in question, but both of these cases in Florida underline the fact that evidence is necessary for a criminal conviction. When evidence and the circumstances of an arrest can be called into question, a judge may do exactly what was done with the charge against the 17-year-old: dismiss.
Source: NBC Miami, "Charge Dismissed Against Teen Who Stood His Ground in Gas Station Fight," Ari Odzer, April 28, 2012
]]>One of the men is a 34-year-old from Sebastian who has apparently cooperated with investigators after his arrest, which took place following a brief car chase. He told police that he would take older-model cars for test drives and then exchange the wrong but similar-looking keys when he returned the vehicles to the dealers. He said he would come back to the car lots at night and use the correct keys to steal the cars, which he would then sell for scrap.
]]> The Sebastian man and his alleged partner from Palm Beach Gardens were arrested on the same day near a scrap yard in Gifford. According to the Sebastian man, his partner came along to the scrap yard only to provide a ride back home. The Sebastian man said he didn't tell his friend the cars were stolen.The situation brings up an important question: To what extent is a person implicated in theft if he or she is never made aware that the items in question were unlawfully taken?
The 34-year-old from Sebastian has been charged with a number of crimes, including five counts of grand theft of a motor vehicle. The Palm Beach Gardens man is facing a lesser charge of dealing in stolen property, and it will be interesting to see how each man puts forth a criminal defense that seeks a reduction or dismissal of charges.
Source: The Palm Beach Post, "Sebastian man charged in Stuart, Palm Beach County car lot thefts," James Kirley, April 19, 2012
]]>According to two deputies, the 21-year-old, who has been convicted previously on drug charges, drove a vehicle at them, and they opened fire because they feared for their lives. The deputies claim the young man was behaving suspiciously, and a detective pulled his vehicle in front of the suspect's SUV to stop it. The police were wearing tactical gear at the time, since the Metro Broward Drug Task Force was conducting a sweep.
]]> However, the young man who was shot said the deputies started firing before he accelerated the vehicle. He told the Sun-Sentinel that the police never ordered him out of the SUV and that a bullet came through the windshield and hit him in his mouth. He then tried to flee. "That's when the glass started popping everywhere," he said.The bullet entered the 21-year-old's mouth and went out the bottom of his chin. He additionally suffered chest wounds, and a bullet was still stuck in the skin over his shoulder blade at the time of the news report. He also coughed up blood two weeks after the incident.
The young man was charged with possession of cocaine, though he says the drugs the officers found belonged to a friend.
This shooting was the second one in the last six months involving a deputy who appears on the popular TV show, "Police Women of Broward County." The other incident involved a deputy who fired at an unarmed man who tried to flee after he was pulled over for a traffic stop.
Source: Huffington Post, "Andrea Penoyer Tianga, Reality Show Cop, Accused of Shooting Brandon Johnson During Nap," April 3, 2012
]]>Last week, four young adults and one juvenile were arraigned in Broward County court on charges of attempted home burglary. According to police reports, the adults in the group forced a juvenile female to knock on the front doors of homes in Lighthouse Point under the auspices of selling magazine subscriptions. That way, the rest of the group would know if someone was home or not.
After the young girl went up to the front door of one house as directed, nobody answered. The elderly home owner said he didn't answer the door because he simply thought he was avoiding a sales pitch. But he called the police after the suspects backed their car up his driveway and reportedly started trying to pry open his garage door with a crowbar. Once police were called, the five fled in their car and a chase ensued. Eventually, they crashed their car into a parked vehicle and a home. According to reports, two of the suspects broke into the home's laundry room and hid in the backyard. Their location was eventually discovered by a police dog and they were taken into custody.
]]> After their apprehension, one of the officers noticed a home monitoring system on one of the men's ankles who had a prior conviction for gun possession. Officers also reported seeing a handgun being thrown out the window of the suspects' car while in pursuit.During the car chase, two police and sheriff vehicles collided, causing minor injuries to the officers and deputies. One was treated and released from Holy Cross Hospital.
There are many reasons why a juvenile girl would get mixed up with adults who already have prior criminal histories. If she was coerced or threatened, she might be able to avoid a criminal record by telling the truth. Perhaps she will use this as a learning experience and start her adulthood with a clean record.
Source: Orlando Sentinel, "Four burglary suspects appear in Broward court," Wayne K. Roustan, April 3, 2012
]]>All of these concerns may relate to a recent arrest in Pompano Beach. A young man was being held in jail without bond after police took him into custody and charged him with burglary and battery. According to the complaint filed by the Broward Sheriff's Office, the 24-year-old Deerfield Beach man was in an altercation with his domestic partner and another man. The police say the young man and his partner have had domestic issues in the past.
]]> The sheriff's affidavit says the 24-year-old went to the home of a 65-year-old man in Pompano Beach. The 65-year-old was apparently a friend of the accused man's partner. According to the affidavit, the 24-year-old broke into the friend's vehicle, which was parked outside, and removed some paperwork and a laptop. The young man is accused of breaking the laptop.Police claim that, when his partner came outside the residence, the 24-year-old "battered him by grabbing him without permission." When the partner went inside the home, the 24-year-old apparently also went inside.
He is accused of grabbing the 65-year-old friend, causing minor scratches. According to the affidavit, the 24-year-old had been ordered by a court not to have any contact with his domestic partner.
The allegations against the young man are indeed serious. However, police and media reports generally only tell one side of a story. A close look at the circumstances of the alleged incident may reveal mitigating factors that help to protect the rights of the accused in what is surely a trying situation for all involved.
Source: Sun-Sentinel, "Suspect held in Pompano Beach domestic violence case," Juan Ortega, April 2, 2012
]]>The 59-year-old woman from Coral Springs ended up facing four criminal charges, including driving under the influence of drugs and a felony charge of resisting an officer. State prosecutors have since dropped the charges, and the Broward State Attorney's Office is currently investigating whether the police officers lied under oath and trumped up the allegations.
]]> The officers had stopped on the roadside where the 59-year-old woman was trying to deal with two flat tires. Within minutes of speaking with the woman, one of the officers began cursing at her. At the time, she was on the phone with her insurance company and trying to arrange a tow. The phone call was automatically recorded by the insurance company, and the recording included the officers admitting that one of them had dropped "the F-bomb" at the woman. They also tried to get their stories straight for a possible internal affairs investigation.The Coral Springs woman says she was pulled out of her car, thrown on the ground and kicked when an officer tried to interrupt her phone conversation. The woman had apparently gestured for the officer to wait.
On the recording, the 59-year-old can be heard saying, "Did you not see me on the phone?" And one of the officers responded, "Did you not see this uniform?" The officer then cursed at the woman, demanding her driver's license. After the woman was forced to the ground, she could be heard sobbing on the recorded phone call.
One of the officers then admitted to the other that she had cursed at the woman. The second officer then indicated that he would pretend not to have heard the cursing if he had to give an internal affairs statement.
The 59-year-old driver spent time in jail, and her driver's license was suspended because the police wrongfully claimed that she refused to give a urine sample. In fact, the woman did give a urine sample that was later tested, showing that she was not under the influence of illegal drugs.
The case is a powerful reminder that justice is not a game. Broward County residents who are accused of a crime should be fully aware of their rights, even if police officers sometimes fail to protect them.
Source: Sun Sentinel, "Driver's charges dismissed after Coral Springs cops caught on taped phone call," Paula McMahon, March 27, 2012
]]>While recent theft allegations in Fort Lauderdale involve a 21-year-old -- not a juvenile -- the circumstances of his arrest may serve as an example for parents who are concerned about their own children.
]]> The young man from Coral Springs has been accused of prying a Broward County judge's nameplate off a courtroom door. Authorities say they received a tip that a picture of the 21-year-old holding the nameplate appeared on his girlfriend's Facebook page.According to the Broward County Sheriff, the nameplate is valued at $40. The accused young man already has a number of petty theft convictions, and because he was on probation at the time of his arrest, he now faces felony charges.
Even if the photo of the young man is deemed admissible in court, the prosecution may have a difficult time proving he committed theft. The police claim they received a tip that the 21-year-old committed the crime, but if no witnesses can say they saw it happen, then there may not be enough evidence to convict. After all, the young man may have acquired the nameplate through other means.
When criminal charges are filed against Florida residents -- juveniles and adults -- it is important to remember that being accused of a crime is not the same thing as being guilty. Florida and federal laws offer certain protections for defendants, and being fully aware of one's own rights may be the first solid step toward a reduction or dismissal of charges.
Source: The Miami Herald, "Broward Sheriff: Man stole judge's nameplate," March 9, 2012
]]>Typically, news reports will tell the story of an anti-crime operation from the perspective of the police. This most recent campaign, dubbed "Operation March Mayhem," was largely intended to make drug charges and prostitution arrests.
]]> One news report stated that the large-scale police effort was also meant to target child pornographers, but there is no mention in the report that the police actually seized such material.According to the Broward County Sheriff's Office, the police confiscated more than $50,000 from the parties who were arrested. The police also claimed to have seized hundreds of pain pills, seven firearms, 158 marijuana plants, 150 pounds of marijuana and over a thousand grams of cocaine. How these amounts were distributed among the 301 accused individuals was not indicated in a news report.
Two days is a short period of time to arrest so many people, and police too often make mistakes that a meaningful criminal defense will note in court. Being charged with a crime is not the same thing as being convicted of that crime, and any individual who is facing criminal charges has certain rights that must be protected under Florida and federal laws.
Source: Huffington Post, "Operation March Mayhem: Broward Agencies Arrest 301 And Seize Marijuana, Cocaine, Oxycodone, And Guns," March 14, 2012
]]>The incident in question dates back to 2009, and the boy who was burned is now 17 years old. He and the defendants were students together at Deerfield Beach Middle School.
]]> In a three-hour interrogation video recorded a day after the incident, one of the defendants, now 18, told how he and a group of boys found a bottle of rubbing alcohol while walking home from school. He goes on to describe how one of his friends, now 17, suggested pouring the alcohol on the boy who was burned. The friend who made the suggestion was said to have a dispute with the victim over a $40 debt.The boy in the video took responsibility for flicking a lighter and sparking the fire.
Expressing confusion and remorse for his role in the incident, the defendant indicated that he was the last to run away from the scene after the fire was ignited. He was debating with himself whether he should run or help.
When asked why he would spark a lighter near flammable fumes, the teenager said, "I don't know. I wasn't thinking... I thought it wasn't going to light at all."
He and another of the defendants entered no-contest pleas last month. One boy received an 11-year sentence in state prison, and the other boy received an 8-year sentence. The third teen's trial is scheduled to start next week.
As Florida residents know, teenagers often make impulsive and potentially dangerous decisions. When those decisions result in criminal charges, the court should be required to ask some serious questions regarding the future of an accused young person. Does that teenager really deserve to live behind bars because of an act that resulted from youthful negligence? A meaningful criminal defense will require the court to ask such questions, as well as seek to protect the rights of the young person who has been accused of a crime.
Source: sunsentinel.com, "Teen who set Michael Brewer on fire: 'I wasn't thinking'," March 5, 2012
]]>Recently, the city of Daytona Beach agreed to pay a 22-year-old student from Fort Lauderdale $15,000 after police officers falsely arrested the young man on a weapons charge. The police officers, who the Daytona police chief said "screwed up," arrested the 22-year-old for not having a concealed weapons license for a handgun that was in the young man's car. But the student did have the appropriate license in his wallet, and the police report even noted as much.
]]> The police officers were called to a Red Lobster parking lot to investigate a suspicious vehicle, presumably the young man's. However, he and a friend were only waiting for another friend who was still at work inside the Red Lobster.The officers searched the student's vehicle, discovered the weapon and the license for it, and arrested the young man anyway.
Referring to the arresting officers, the Daytona police chief said, "I don't know what they were thinking. There's no excuse for what they did."
The young man, who had no felony convictions that would have prevented him from possessing a handgun, spent seven hours in jail before he was able to post bail. His car was towed, and his handgun was seized.
The attorney for the young man (not affiliated with this firm) submitted a notice of claim for unlawful detention, false arrest, negligence, civil rights violation, illegal seizure, negligent training and hiring, assault, battery, damage to reputation and infliction of emotional distress.
In exchange for the release of all claims made in the arrest, the student and his attorney agreed to accept the $15,000.
Source: News-Journal, "Daytona agrees to pay man $15K for wrongful arrest," Darrel T. Harris, Feb. 21, 2012
]]>When the husband died, he had willed his assets to his 53-year-old wife, but his aunt recently filed a petition in Broward County probate court to contest the will and to determine who should get the former hotel heir's $6 to $10 million fortune. While police have accused the wife of orchestrating her husband's and her mother-in-law's deaths, she is presumed innocent until proven guilty. Unfortunately, the man's family seems convinced of her guilt and wants to restrict her daughter's or her grandson's access to the money because they believe her family will use the money to help her.
]]> The hotel heir's aunt has gone so far as to bring in a genealogical expert to determine who could be considered legal heirs to the estate.Being accused of murder is extremely serious and the more resources a suspect has access to, the easier it will be for his or her attorney to protect his or her constitutional rights. It is undeniable that murder is an abhorrent crime, but that does not mean that the easy target is automatically the guilty party; everyone accused of a crime deserves a chance to clear his or her name in court.
Source: The Miami Herald, "Heirs to murdered millionaire Novack sought," Julie K. Brown, Feb. 22, 2012
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