Tampa Bay Criminal Defense Lawyer Blog

"Sexting," the act of sending nude or semi-nude images from one's cell phone or computer, is being cited as a major factor in the recent death of a Ruskin teenager.

Thirteen (13) year-old Beth Shields Middle School student Hope Witsell ultimately took her own life when the taunting and bullying by other students became too much to handle.

According to a recent story in the St. Pete Times, Hope Witsell's death is just the second in the nation in which a connection between "sexting" and teen suicide can be clearly drawn.

According to Parry Aftab, a nationally known "cyberlawyer" who has appeared on Goodmorning America and the Today show, "This is very important, because it shows that sexting-related suicides are tracking the same way cyberbullying-related suicides are."

A 2009 Harris online poll shows that one (1) in five (5) teens admit that they've sent naked pictures of themselves or others over a cell phone. But even that number may be low, according to experts.

While the details leading to Hope's death vary, many students describe the chain of events this way: During the last week of school in June, Hope forwarded a photo of her breasts to the cell phone of Alex Eargood, a boy she liked. A rival girl, who was the girlfriend of another boy Hope liked and a friend of Alex's, asked to borrow Alex's phone on the bus. That girl found the image and forwarded it to other students. Within hours, the image had gone viral at both Beth Shields Middle School and Lennard High School.

Aside from the embarrassment associated with nude photos landing in the wrong hands, Florida law considers the possession or distribution of nude images of minors to be Child Pornography, a third-degree felony punishable by up to five (5) years in prison.

Unfortunately, while Hope's death may be the first of its kind in the Tampa Bay area (and the State of Florida), it will probably not be the last.

Continue reading "TAMPA: Sexting-Related Bullying Led Teen to Commit Suicide" »

In another addition of: "Only in Florida." More specifically, "Only in the Tampa Bay area." This story was featured in this mornings St. Pete Times.

This was probably not the best Thanksgiving for Ronald R. Conkright.

His troubles first started when he called 911 at 11:47 p.m. Thursday (Thanksgiving evening). He told the 911 operator: "I'm looking for a friend. It was one last joke."

Pinellas County sheriff's deputies showed up at his home at 2504 55th Avenue North, but Conkright, 62, didn't answer the door.

At 2:26 a.m. Friday, he called 911 again. This time he reported a Domestic Violence dispute with his wife. According to his arrest affidavit, he told the 911 operator: "I hurt my wife and she is in heaven."

Deputies returned to his home (for a second time now). This time Conkright answered the door. After talking with him, deputies discovered Conkright was not married. They then discovered more.

"When asked what his emergency was, and why he called 911, Conkright brought deputies into his home to look for his wife, and to show us an amount of marijuana, over 20 grams, which was on his kitchen table," the arrest affidavit states.

Conkright then told the deputies: "You can arrest me now."

He was charged with Making a False 911 Call, Felony Possession of Marijuana (over 20 grams) and Possession of Drug Paraphernalia.

Not surprisingly, Conkright's arrest affidavit states that he showed an indication of "drug influence."

Continue reading "ST. PETERSBURG: Man Calls 911 to Show Deputies the Marijuana on His Kitchen Table???" »

A scheme to rob a man of his prescription painkillers "backfired" Tuesday, police said, leading to the arrests of three (3) men -- one accused of shooting the victim in the leg.

The trio planned to rob Gordon Kendrick, 28, right after he went into a pharmacy to have an Oxycodone prescription filled, police said. Tampa Bay criminal defense attorney Aaron J. Slavin, Esq. of the Clearwater-based SLAVIN LAW FIRM, has seen a sharp increase in the number of Oxycodone cases that his office has retained. These cases range from simple Possession of Oxycodone and/or Trafficking in Oxycodone to Obtaining a Controlled Substance by Fraud and/or Doctor Shopping cases (as Oxycodone as certainly become "the clear drug of choice" among residents in the Tampa Bay area.

Ryan L. Holmberg (below/center), 23, of 1320 14th St. in Palm Harbor is accused of shooting Kendrick. He was charged with Robbery with a Deadly Weapon, Aggravated Battery, Throwing a Deadly Missile into a building and being a Felon in Possession of a Firearm.

Also arrested, police said, were Sean M. Perry (below/left), 25, of Clearwater, who drove the getaway car, and Daniel C. Kane (below/right), 31, of Tampa, who helped coordinate the robbery.

At least one of the men knew Kendrick, said Clearwater police spokeswoman Beth Watts.

Arrest reports show Kane communicated with Holmberg by telephone to let him know when to go to the pharmacy.

Perry then drove Holmberg to Trinity Pharmacy at 1474 S Belcher Road. Holmberg approached Kendrick and demanded the pills when Kendrick left the store.

When Kendrick said he didn't have anything, Holmberg shot him in the right thigh with a semi-automatic handgun, according to a St. Pete Times article. The bullet passed through Kendrick's thigh and went into the occupied pharmacy. No one else was injured.

The incident happened around 4:45 p.m.

Kendrick was treated at Morton Plant Hospital and released later Tuesday, a hospital spokesman said. Kendrick was able to identify at least one of the men, arrest reports show.

All three men were taken to the Pinellas County Jail.

Continue reading "CLEARWATER: Botched Oxycodone Robbery Lands 3 Men in Jail" »

The Clearwater Police Department announced today it will conduct a traffic safety detail over the Thanksgiving holiday weekend in an effort to reduce the number of vehicle accidents. Unfortunately, the holiday season also brings about more car accidents and more impaired and/or DUI drivers on the Tampa Bay area roadways.

"Operation Safe Holiday" will be in effect Wednesday through Sunday at intersections with high-traffic volume or elevated crash rates. Officers will focus on red light violations, speeding and aggressive driving.

Additional officers will also be at large retail centers, like Countryside and Clearwater Malls, to watch for safe driving practices in parking lots and to prevent auto burglaries, retail thefts and other crimes of opportunity.

Continue reading "CLEARWATER: Police Will Be on the Lookout for Bad Drivers Over the Holiday Weekends" »

Pinellas County prosecutors have decided to drop charges against two (2) men who got into a humorous fist fight at a St. Petersburg City Council meeting.

Frederick Dudley and Ronald Deaton were arrested in October after they began throwing punches during an argument over a decision to privatize a public sidewalk.

The men, ages 76 and 61, respectively, were charged with Disorderly Conduct.

Assistant State Attorney Richard Ripplinger said authorities have "better things to do than prosecute a couple of old men who got angry in the heat of the moment." In my opinion, while the State of Florida got this one right, we unfortunately see many silly and ridiculous prosecutions in the Tampa Bay area that should be dropped like this one (especially in today's economic climate with our government working with limited resources).

The decision to cede the public sidewalk fronting the downtown BayWalk entertainment complex had been the subject of intense debate for weeks.

For more information on this story, including a link to the actual video of the infamous fight, please check out this Bay News 9 link.

Continue reading "ST. PETE: Charges Dropped Against Both Men in City Council Brawl" »

A self-proclaimed minister who claimed he smokes marijuana for "religious" and health reasons has been found Guilty of a Felony charge of Manufacturing/Cultivating Marijuana for growing 100 plants.

It took a Brevard County jury only 14 minutes Friday to find 53-year-old Steven Swallick Guilty of the above-mentioned offense. He faces up to 10 years in prison when sentenced next month.

Swallick told the Judge outside the jury's presence that he is affiliated with the "Hawaiian Cannabis Ministries" and that he smokes marijuana and uses it as an ingredient in anointing oil, health drinks and incense to drive away evil spirits. Swallick gets points for originality for his novel, yet unsuccessful defense.

However, Circuit Court Judge Jim Earp ruled that Swallick could not give such testimony to the jury. And, as we've now learned, without his "defense" being submitted to the Jury, it took less than fifteen (15) minutes to convict him.

Continue reading "VIERA, FL: Pot-smoking minister Guilty of Growing it" »

An "anonymous tip" led undercover detectives to a Bartow home, where they found a working moonshine still according to the Polk County Sheriff's Office.

Detectives searched the house on Thomas Jefferson Circle East in Bartow, where they found the fully-operational still. They seized the still, along with seven jars of moonshine.

The two men who live at the home, 54-year-old Kenneth Wayne Wilkerson and 36-year-old Rockie D. Smith, said they used the still to make moonshine for their own use.

"I knew it was illegal but I wasn't going to sell it. I didn't see no harm in it," Wilkerson said. "The moonshine we made - it was good and like I said, I wish you could have tasted some of it."

Detectives said they also admitted to selling moonshine to their friends and coworkers.

Both men were arrested and charged with one (1) count each of Possession of a Moonshine Still, Possession of Moonshine and Conspiracy to violate Florida's beverage law. All three (3) of these charges are third-degree felonies (each punishable by up to five (5) years in prison).

Continue reading "POLK COUNTY: Undercover Detectives Bust Moonshine Operation" »

An unlucky Tampa man is behind bars after swinging a machete at his wife in a "fit of rage" early Monday morning, according to police.

Around 2:30 a.m. Virticee Lamar Thompson approached his wife of five (5) years, swinging the machete back and forth and threatening to kill her and himself, an arrest affidavit states.

The woman's 16-year-old daughter witnessed the incident.

Thompson, of 8100 North Marks Street, was arrested about 3 a.m. on charges of Aggravated Assault with a Deadly Weapon and Violation of Probation in connection with an Attempted Sexual Battery conviction in 2000 out of Polk County.

Thompson spent about two (2) years in the Florida State Prison system and his probation expires in 2013, court records show.

About 4:30 a.m., Thompson was booked into the Hillsborough County Jail, where he was held without bail (as is customary on a Felony VIolation of Probation as well as a charge of Domestic Violence).

This was Thompson's fourth arrest in Hillsborough County; other charges include Driving Under the Influence and Driving with a Suspended License, jail records show.

Continue reading "TAMPA: Man Arrested for Swinging Machete at Wife - In Front of Child" »