From the Washington Post, this holiday season brought out the Christmas spirit in many criminals. Meet a few bank-robbing Santas, drunk driving elves and other Xmas bad guys…

Santa robs a bank

In Memphis, TN Santa got a start on his post-Christmas break by robbing a bank. The man, who has not been caught, made off with a large amount of money in a duffel bag. Described as between 35-40 and under 200 pounds, it sounds like Santa has dropped some weight.

Another Santa-based crime took place in San Francisco when another man dressed as jolly old St. Nick, walked up to a teller, handed her a note and made off with a large amount of cash. To give this crime a bit of an Ocean 11 feel, the robbery took place during Santa Con, an event where 1000s of people dress up like Santa in the area. It looks like this Santa also made a clean get away.

Santa is packing heat, defends Ms. Claus in a shoot-out

A Santa in Detroit shot two men at a gas station and claimed he was defending Mrs. Claus. Santa got involved in an arguement over his girlfriend (dressed as the you know who). One of the victims ran to who car and Mr. Claus opened fire, hitting both men. Police chased him down and he was charged with two counts of aggravated battery, and assault.

An elf gets a DUI

It isn’t just Santa who has all the trouble. A Christmas elf from New Jersey was arrested for a DUI after police found him passed out behind the wheel. Brian Chellis, 23, was found in a Target parking lot by police responding to a call. His engine, lights and music were on but Brian was fast asleep.

Police woke him up and after failing a breathalyzer and field sobriety exercises, the “Elf on a Shelf” was charged with driving under the influence.

A town’s Santa is arrested on firearm charges

55-year-old Mack Gardner from Elwood, Indiana voluntarily stepped down from his role as town Santa after he was arrested on a felony firearm charge.

He was arrested after he gave a gun to a known felon who just happened to be his cousin. So far Mr. Gardner is pleading his innocence but more facts continue to come out.
Continue reading

So many people had follow up questions about an earlier post from the smoking gun that here is a follow up.

10th DUI’s the charm? A Wisconsin man who was recently pulled over on suspicion of driving under the influence, has a history of DUI’s…and creative excuses!

John Przybyla, who has nine prior DUI convictions, was pulled over by local police when they saw the 75-year-old motorist swerving between lanes. John, who was driving on a suspended driver’s license, had several signs of impairment.

Police noticed a scent of alcohol coming from his breath, bloodshot, watery eyes and an open can of beer next to him.

When police asked him how much he had to drink and pointed out that he was caught straight up, the suspect didn’t hesitate. Despite an open, cold can of beer in the car, John denied drinking anything. Rather he admitted eating a large portion of beer-battered fish for dinner!

Despite that rock-solid excuse, police eventually arrested him after he failed field sobriety exercises. At the station, the man blew a .062. That is below the legal limit of a .08 but under Wisconsion law he was not allowed to drive with any B.A.C. above a .02 because of his numerous priors.

Przybyla was arrested on numerous charges including felony DUI, DWLSR and traffic infractions. His next court date is in January.

LEGAL ANALYSIS

In Florida a DUI is usually a misdemeanor but can be bumped up to a felony under certain circumstances. DUI manslaughter or DUI with serious bodily injury are both felony charges. Three DUIs within 10 years of four plus overall DUIs also would amount to a third-degree felony. This means the defendant could serve up to five years in prison as well as having an enhanced fine.

In this particular case with these egregious facts, John would almost certainly be looking at a very lengthy prison sentence if this happened in Florida. His felony DUI is punishable by up to five years and if his DWLSR is a felony as well, he could be sentenced up to 10 years in prison!
Continue reading

Once is a tragedy but is twice murder? Colorado prosecutors think so and is charging a man with the death of both his first AND second wife. A local CBS story has more information.

58-year-old Harold Henthorn is accused of pushing his wife off a cliff in Rocky Mountain park in Colorado. Prosecutors now think he also murdered his first wife 17 years earlier under similar circumstances.

“We don’t believe it was his first murder,” the Assistant U.S. Attorney told the judge. “He committed an earlier murder of his first wife in remarkably similar circumstances.”

The Judge appeared to agree with the prosecutor and ordered the suspect to be held without bond. The state had requested the hearing, calling Harold a “flight risk” with a large amount of disposable income he could use to flee.

So far Henthorn has only been charged with the murder of his second wife, pleading not guilty to the charge.

Per the police, the suspect is accused of pushing her off a 140 foot cliff in a remote part of the trail back in September of 2012. Ironically, he had taken the victim on a surprise trip to celebrate their 12th wedding anniversary!

There were no other witnesses to the fall other then the suspect himself. Family members of the victim becam suspicious and contacted the police. After an extensive police investigation, including an asset check showing the defendant was living off millions of his dead wife’s money, a grand jury indicted him on her murder.

Henthorn’s story unraveled under further investigation of his assets. He told multiple people that he was a professional fundraiser but his tax return found no information of employment. Most experts found this very unusual.

The Judge agreed: “To have ready access to $1.5 million in cash is very troubling in a case of this kind because it means the defendant has the means to flee,” Also disturbing, the judge mentioned, were recent transfers of large amounts of money into accounts belonging to Henthorn’s brother. That is a sign of someone hiding money for a nest egg for a sudden flight.

Toni’s family members also found other evidence. Toni was a well-off doctor in Mississippi when she met Harold. Harold convinced her he was wealthy and together they moved to Colorado. Once there, the “wealthy” man became controlling and obsessed with money according to the deceased’s family.

It was only after their daughter’s death did her parents realize that she was covered by three different types of life insurance totaling almost five million dollars. The first claim came in only a few days after she died.

This was not the suspect’s first go-around with life insurance. In 1995 he collected $500,000 in life insurance from the death of his first wife. Sandra Henthorn was killed when a car slipped off a jack while she and Harold were changing a flat tire. That first death is still under investigation but police and prosecutors noticed many similarities between the two “accidents” involving Harold’s wives.

Ironically, the suspect had no prior criminal record other then a theft charge involving underwear back in the 90’s.
Continue reading

Didn’t Tom Cruise star in an 80’s movie with this same plot? Per USA Today two Florida teens were arrested for their part in a local “Risky Business” prostitution ring in Sarasota…

Venice, Florida police made two arrests, a 17-year-old girl and a 15-year-old boy, who are considered the “leaders” of a prostitution ring which involved three Sarasota high schools.

Per the police, the crime started in August when the two students formed the criminal enterprise. They used fellow students, all female in a scheme that involved multiple high schools and cities.

The two teens have been charged with human trafficking. Why did they do it? “The motive behind it: money and alcohol. Trading money and alcohol for sex,” says a police spokesman.

Police began their investigation in the fall after several students tipped off the school resource officer to the prostitution ring.

The police, using a search warrant, got on the Sarasota student’s facebook account and found a rudimentary business plan. Their were prices set up for various acts along with set rules. For instance, their was an agreement that the prostitutes got 40 percent!

The facebook account also showed the partners writing to themselves, often showing no regard for the young girls they were prostituting. “Why pimp out old hoes when I have fresh young hoes I can give up for money?” the female Sarasota High student wrote in a Facebook exchange to her business partner. She continued, “As long as I’m getting paid I’m trafficking all these (expletive deleted).”

The students used facebook accounts to set up meetings with the “Johns”. This led police to 21-year-old John Mosher. Mosher (pictured), was charged with sexual battery on a victim older then 12. The police claim he paid a 15 year-old $40 and a bottle of alcohol for sex.

During police interviews, students admitted that at least three prostitution deals got done by using facebook and snap chat accounts. School administrators were not commenting other then saying no sex acts took place on school property.
Continue reading

People make mistakes, and sometimes we make mistakes that have consequences we are not able to comprehend or appreciate at the time frame. It does not matter if it was a minor drug crime or theft. However, the mistakes we made years ago should not continue to haunt us in the future. In addition, having a conviction record or an arrest as part of your history can make it difficult to obtain grants for schooling, it can hinder a number of employment opportunities, it might make it difficult to find housing, and it has a wide variety of other drawbacks.

Yet even those with a checkered past will be happy to note that there is a legal procedure that can help you get your records expunged. Even though this may not work for all criminal records, it is possible to expunge certain felony and misdemeanor charges from your record.

The benefits of getting your records expunged

In 2012, there were over 10,600 road-related deaths in the US for every 100,000 of the population. This meant that there were 33,561 deaths in total and 2.36 million injuries linked to the road. In fact, it’s said that there is a road accident every 14 seconds on average in the US. The most common reasons for road crashes include alcohol, (driving under the influence), speeding and using cell phones while driving.

Reasons for Accidents and Fatalities

While many people are injured or killed as a result of their own actions, many people die or are injured on the road due to no fault of their own. If you are the victim of an accident due to someone else being reckless and not taking enough care and attention while driving you maybe be able to make a claim against them to get the compensation you deserve for the injuries you have sustained. Personal Injury lawyers like us here at Blake & Dorsten P.A from Florida and Thomson Snell and Passmore from Kent in the UK specialise in automobile accidents and can both help you if you need to make personal injury claims.

From an Orlando news station, a former Florida A & M bandmember has been convicted of manslaughter for his actions in the hazing death of another man.

Former FAMU percussionist Dante Martin was found guilty of manslaughter and multiple counts of hazing in what the prosecutor is saying sends a powerful message.

“I hope this scares people enough to stop it and to realize it’s not tworth it and to just find better ways to show you belong than hitting people …or endangering their lives” he said outside the courtroom.

After the verdict of “guilty”, Martin, who faces up to 22 years in prison and will be sentenced January 9, showed no emotion. Their were audible gasps in the courtroom including from the victim’s parents.

Martin’s criminal defense lawyers made no statement but said they planned to appeal on behalf of their now 27-year-old client. He was made out to be the ringleader of the band group that performed the deadly hazing ritual aboard the team bus in Orlando.

The trial consisted of three days of testimony, four hours of arguements from the state and defense and ended in a guilty verdict after a mere two hours of deliberations.

The Florida A&M band was well known throughout the state and has performed at Super Bowls, Grammys and presidential inaugurations. The death of one of their own had riled the band, including their tradition of hazing new members.

The victim, a FAMU student for seven years, volunteered to be hazed in a particular ritual known as “crossing bus C” on November 19, 2011.

This particular ritual consisted of him crossing the front to the back of the bus while being pummeled by fellow band members. He was allegedly hit more then 100 times by fists and drumsticks.

The vicitm cooapsed soon after the ritual, which followed the Florida Classic game between FAMU and Bethune-Cookman University. At the trial, the jury heard the cause of death: hemorrhagic shock as a result of the beating.

The defense tried to claim that this was not hazing, rather it was a character competition that had been in place for generations. The jury clearly did not agree.

Martin, who did not testify on his behalf, was also convicted of two misdemeanor counts of hazing two other students, both of whom were not injured.

10 other band members have previously received community control and probation sentences for their participation in the hazing. Three other students are currently awaiting trial and one man received a year in jail.

The school itself has not escaped blame. FAMU is being sued for wrongful death with the plaintiffs saying this “culture of hazing” has been encouraged for decades.
Continue reading

This past Tuesday, America went to the polls. In Pinellas County and throughout Florida, amendment two was on the ballot. This allowed for the legalization of medical marijuana. Supporters claimed it was compassionate and the right thing to do. Opponents said it was full of loopholes and was a backdoor to legalization. As it was a constitutional amendment it needed 60% support to pass. It fell short at just over 57%.

While the TampaBay Times did not support this amendment, it did a series of articles showing both positive and negative aspects of marijuana legalization. While we wait for 2016 and perhaps another try, individual human stories often don’t get told.

For Pasco jail inmate Amanda Gould, it was another day, another violation of probation. She had already spent 60 days in jail for her VOP. She felt confident that the judge would release her.

Two months prior, Ms. Gould had violated her DUI probation for failing a drug screen by smoking marijuana.

On her court date, the probation officer recommended she continue on probation. The judge examined her medical records and disagreed. He saw her extensive drug history (both prescription and non-prescription) and thought her staying on probation was a waste of time and taxpayer money.

Her criminal defense lawyer disagreed. He claimed that she was chronically ill and all her drug use was related to her sickness. The lawyer even argued that her marijuana use was part of her self medication. Her attorney further argued that she would be a prime candidate for medical marijuana.

The judge disagreed and was looking at sending her to prison (confinement for over a year).

Doctors have diagnosed 36-year-old Ms.Gould with fibromyalgia, rheumatoid arthritis, Lyme disease, Sjogren’s syndrome and two dozen more illnesses. She has been prescribed oxycodone and other addictive drugs. These prescriptions caused her to throw up and changed her personality. When she found marijuana, she noticed no side effects.

She was doing fine until she picked up a driving under the influence charge six years ago. She was pulled over, found to be drinking and had a zanax pill in her pocket. She was charged with DUI, possession of marijuana, possession of a controlled substance and introduction of contraband into a detention facility (a third-degree felony).

Due in part to her medications and her illnesses, she was not found competent to stand trial until 2013. She accepted a plea bargain of two year’s probation, and 50 community service hours for the DUI and marijuana possession.

Her health continued to deteriorate. She was now on more medications and often confined to a wheelchair. Due to her drug screens, she was no longer allowed to smoke marijuana.

One night, she felt extra sick and smoked a joint. Her drug tests came up positive and her probation was violated. For most probation violations in Pinellas, your bond is revoked and you sit in jail until your court date.

Ms. Gould was not an exception, sitting in jail all this time. She tried to stay positive and was happy that jail made her kick her prescription drug addiction. She also started thinking of moving to Colorado, where marijuana is legal.

A few days after this article was first published, the court heard her case and decided to keep her on probation. The judge gave her one year of drug offender probation with the condition of NO prescription drugs or marijuana.

LEGAL ANALYSIS

While everything appeared to have worked out for Ms. Gould in this particular case, she was very fortunate. There is no marijuana legalization coming until at least 2016.

Possession of marijuana, found under Florida statute 893.13, is a first-degree misdemeanor. This means that she can be sent to jail or put on probation for up to 12 months.

Prescription pill offenses, found under the same Florida statute number, are considered third-degree felonies. Those pills, if no prescription, are considered the same as cocaine or heroin under Florida law.

A third-degree felony is punishable by up to five years prison or probation in Florida.
Continue reading

From the smokinggun website, it looks like this zombie should have had more bra-ains and less sho-ts…

26-year-old Catherine Butler donned her make-up and prepared to have a great time at a halloween party. A few hours later, the sloshed zombie was facing two DUI charges that took place a few hours apart!

Ms. Butler was first arrested around 2 a.m. after police noticed that she did not have headlights on while driving. After giving her a traffic citation, they performed a DUI investigation where it was determined that she was under the influence of alcohol. She was arrested and taken to jail.

The police made a mistake when they released her to a friend. A few hours later, at 5 a.m., she was again pulled over for swerving on the road. Another DUI investigation led to another driving under the influence charge for the unlucky party girl.

LEGAL ANALYSIS
In Florida, a first time DUI is a first degree misdemeanor. Even though she received two DUIs, her criminal defense lawyer should be able to plea them concurrently to avoid extra penalties. Unfortunately, the DMV will most likely treat it as her second DUI and she may receive a longer driving suspension.

Typical punishment for her DUI(s) will most likely consist of a large fine, probation, a suspended driver’s license, alcohol evaluation and treatment if needed, community service, no drinking (obviously) and she will not be allowed in bars.
Continue reading

Mark this under things NOT to do if you are trying to avoid police attention…

43-year-old Tina Wishnevski faces multiple criminal counts after hitting a police car whil intoxicated. Duting their investigation, police found a loaded handgun and ammunition in her car. Ms. Wishnevski is not allowed to own a firearm.

The suspect was arrested and charged with DUI, multiple traffic infractions, firearm charges, and resisting an officer without violence. As of this writing she has not been charged with battery on a law enforcement officer despite the fact that she hit a patrol car with the policeman inside.

The police were called to Ms. Wishnevski’s seperated husband’s house after midnight because he was complaining that she was outside his home. He told police that she was breaking his windows and was brandishing a gun! Her two sons and her ex-husband were alone in the house at this time.

When she heard police, she got in her car and fled. She hit a patrol car and lead police on a brief chase. As an officer came up to her car, she made such a fuss that he had to hold her at gunpoint until backup arrived.

When questioned by the police, her story was not helpful. She claimed that her ex-husband had called her to come. When she arrived, he was the one with the firearm and he began to beat her. She was unable to tell the police how she came into ownership of the gun however, nor could she explain why she was driving drunk and hitting the police.

At the time of this writing, it was unknown if she had posted bail nor what type of criminal sentencing she was facing.
Continue reading

Contact Information