Tampa Bay Criminal Defense Lawyer Blog

According to a breaking story on TampaBay.com, a 28-year-old Tampa man was confronted by two (2) teenagers as he was jogging after midnight in Town 'n Country and (following a physical altercation) he shot one of them to death, said Larry McKinnon, a Hillsborough County Sheriff's Office (HCSO) spokesman.

The shooting happened after 1:00 a.m., near Pinehurst Drive and Hickory Circle. The teens were dressed in black and wearing hooded jackets, McKinnon said. No further information was given as to why two (2) teenagers would be out at 1:00 a.m., dressed in all black and wearing hoodies. However, its doubtful that they were also "out for a jog."

Thomas Baker, of 9015 Hickory Circle, fired multiple rounds with a .45-caliber semiautomatic handgun, McKinnon said. According to the online story, he was cooperative with the Hillsborough County Sheriff's Office (HCSO) investigation.

It also appears that Mr. Baker will have a solid defense under Florida's relatively-new "Stand Your Ground" law.

Carlos Musteliel, 18, of 8921 Camino Villa Boulevard in Tampa, died from a gunshot to the chest. Deputies found him dead in a roadway at 1:24 a.m.

Five (5) houses away from where the shooting happened, Baker stood outside his home Wednesday morning smoking a cigarette. "I don't want to talk,'' he said. "It was a terrible thing."

Here's what deputies said happened:

The two (2) teens started talking to Baker. The conversation escalated into an altercation and Musteliel punched him. Baker said he thought one of the teens had a weapon and that a Robbery was about to take place. Baker pulled his gun and shot Musteliel multiple times in the upper torso. The other teen was uninjured, ran away and may have hidden behind a nearby house and discarded his jacket in the yard.

The 16-year-old returned when deputies arrived and was being questioned as a witness. He will not be identified by authorities (presumably because he is a Juvenile).

Hillsborough County Sheriff's detectives were conferring with Tampa prosecutors, who will determine if any criminal charges will be filed (and who they will be filed against).

Neighbor William McVey, 63, said he awoke to the sound of five (5) gunshots. "Somebody getting killed like that is awful," he said. "What an awful way to start the Thanksgiving weekend."

He said the neighborhood is pretty quiet with a lot of children.

Baker and the teenagers live in the neighborhood but don't know each other, sheriff's detectives said.

Baker has a concealed weapons permit and said he routinely jogs late at night, McKinnon said.

Continue reading "TAMPA: Will Jogger that Shot Teenager Claim Self Defense?" »

In breaking news early this morning, Tampa Bay Buccaneers standout rookie wide receiver Mike Williams was arrested and charged with Driving Under the Influence by the Hillsborough County Sheriff's Office (HCSO)

According to an online story by The Tampa Tribune, Hillsborough County Sheriff's Office (HCSO) deputies arrested Williams at U.S. Highway 301 and Causeway Boulevard at 2:48 a.m. He was arrested even though his blood alcohol level was lower than the level at which a motorist is considered too intoxicated to drive.

*** For an interesting tool to determine how much is "too much" to drink, you can check out the following link on the Blake & Dorsten, P.A. website. ***

Williams was driving 57 mph in a 45-mph zone, weaving in and out of lanes, Hillsborough sheriff's spokesman Larry McKinnon said.

When Williams agreed to sobriety tests (otherwise known as "Field Sobriety Exercises") at the traffic stop, deputies saw "signs of impairment," McKinnon said.

However, subsequenty breath tests showed Williams had blood-alcohol levels of 0.065 and 0.061. In Florida, drivers are presumed drunk at 0.08. The blood-alcohol tests were taken at Orient Road Jail.

This author would note that it is a common misbelief that anyone that blows below a .08 will have their DUI charge dismissed or reduced. In fact, Florida law "presumes" that someone who blows above a .08 is "impaired." Florida law also "presumes" that someone that blows below a .05 is not impaired. However, there is no presumption on a breat test result between .05 and .08. Therefore, other facts will be considered such as the result of Williams' pending urine analysis.

"But even before they take the breath test, deputies usually have enough probable cause for a DUI," McKinnon said. "That breath test may come back double zero. People have refused the breath test and still got arrested. It only measures alcohol. It won't register illegal or prescription drugs."

"People think, 'If I blow below a 0.08, hey, I'm scot-free,'" McKinnon said. "But I could take four (4) shots of NyQuil and be below it, too. Any type of chemical substance you ingest that impairs your ability to drive, you can get arrested."

Deputies reported that Williams "smelled of alcohol" and had "glassy eyes" (pretty common indicators of impairment that we see on a daily basis in DUI police reports).

Williams was released from Orient Road Jail at 8:04 a.m. today after posting $500 bail.

"We are in the process of gathering all the facts," Bucs general manager Mark Dominik said. "Mike has been very cooperative."

Although Dominik would not comment further, Williams was expected to travel with the team today to San Francisco and will likely play against the 49ers on Sunday.

Williams was a fourth-round pick out of Syracuse and was named a starter going into the season. He was considered a first-round talent in last April's NFL draft, but his stock slipped as concerns about his character arose.

While at Syracuse, Williams was forced to serve an academic suspension that came amid allegations he cheated on a test. He also received a one-game suspension in 2009 for breaking team rules and later quit the team in November of that year.

Earlier this year, Dominik said he was confident Williams' problems were in the past.

"I wouldn't bring somebody in here if I didn't feel comfortable about it," Dominik said at the time. "I don't think anybody spent more time with this kid than the Buccaneers did, and I think we're going to reap the rewards for it."

This is the second Bucs players to be arrested within the last thirty (30) days.

Tight end Jerramy Stevens was arrested Oct. 23 on charges of Possession of Marijuana with Intent to Sell and Possession of Marijuana, both Felonies, and Possession of Drug Paraphernalia, a misdemeanor. He had thirty-eight (38) grams of marijuana on his possession and was close to the team hotel at the time of his arrest. Stevens was released by the Buccaneers a few days after his arrest.

According to an online story on BayNews9.com this evening, a Florida State University (FSU) student was arrested today on Child Porn Possession charges.

According to authorities, detectives obtained a search warrant for 22-year-old Michael Sendker's home at the Villa del Largo Apartments and that's where they found the suspected child pornography.

Sendker was booked into the Leon County Jail and is now facing twenty eight (28) counts of Possession of Child Pornography.

As many regular readers of this blog already know, this author is a University of Miami School of Law graduate and proud to be a Miami Hurricane!!

Continue reading "TALLAHASSEE: FSU Student Arrested for 28 Counts of Possession of Child Pornography" »

More than one (1) month after a Federal jury deadlocked in his Cocaine Trafficking trial, Jamaican reggae singer Buju Banton walked out of the Pinellas County Jail today after a judge ordered his release under strict conditions.

Banton, whose real name is Mark Myrie, declined comment and covered his face as he left jail and headed home to South Florida.

He had been behind bars since his arrest in December. A Federal judge declared a mistrial September 27th after jurors couldn't agree on a verdict. Banton is scheduled to be tried again in February.

"We're thrilled that Buju will have some time to regroup before we try this case again," defense attorney David Oscar Markus said.

As a condition of Banton's release, his friend Stephen Marley, a musician and son of reggae icon Bob Marley, posted $300,000 worth of equity in his South Florida home.

Last month, U.S. Magistrate Anthony Porcelli ruled that Banton could be released under stringent conditions. U.S. District Judge James Moody last week denied a prosecution appeal of Porcelli's ruling.

Under the terms of Banton's bond, he must pay a private security detail to guard him so he doesn't flee. He also was required to sign an extradition waiver (ensuring his return if he does flee the country) and he will have to wear an electronic monitoring device.

Two (2) men indicted along with Banton, including the singer's driver, have pleaded Guilty and are awaiting Sentencing.

Banton maintains he was set up by a well-paid government informant.

However, Federal prosecutors have argued that recorded conversations show Banton was an experienced Cocaine Trafficker who was trying to invest in another deal

Continue reading "CLEARWATER/TAMPA: Reggae Singer Buju Banton Released from Pinellas County Jail Pending Retrial" »

According to a story that will appear in tomorrow's St. Pete Times, the mother of a young woman killed walking on the Harbour Island bridge by a suspected drunken driver is suing the man accused in her death.

Early on Oct. 30, Kate Kohlier and Doug Kozar were leaving work at Tampa's Marriott Waterside Hotel (coincidentally, where this author was married) and walking across the Harbour Island bridge when they were struck and killed by a car driven by Matthew R. Moye.

Another hotel employee, 47-year-old Joao Armando Fonseca Barbosa, suffered a broken ankle when he jumped out of the way of the speeding Cadillac, police said. Last week, Barbosa filed a Negligence lawsuit against Moye.

Kohlier was twenty-four (24) and "on the brink of graduating from the University of South Florida (USF) with a degree in psychology," said attorney Tom Carey, who is representing Kohlier's mother, Cindy Collins, in the lawsuit.

The University of South Florida (USF) has awarded the degree to Kohlier posthumously, Carey said.

Moye, a dentist in Riverview, has been charged with two (2) counts of Vehicular Homicide, two (2) counts of Driving Under the Influence (DUI) Manslaughter and one (1) count of DUI with Serious Bodily Injury. He was released from the Hillsborough County jail after posting $119,000 bond.

The Wrongful Death suit, which will be filed in Hillsborough County, seeks damages in excess of $15,000.

Asked why he was filing the suit before criminal proceedings are completed, Carey said the incident was egregious enough to warrant the action.

"It's the kind of case, the kind of tragedy, that could have been averted," Carey said.