Tampa Bay Criminal Defense Lawyer Blog

October 23, 2014

Impaired driver hit cop car, had a gun

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.
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October 16, 2014

Dallas Cowboy running back arrested for shoplifting

by Blake & Dorsten, P.A.

From a local CBS news affiliate, a NFL running back was arrested for shoplifting under $500 in small items in a department store.

Running back Joseph Randle was arrested by store security in a Dallas store for the theft of underwear and cologne.

“The items that were stolen were underwear and cologne,” Lt. Jason Jenkins told a radio station. This seemed to be confirmed by online gossip site TMZ which reported that the Cowboy had allegedly stolen Gucci cologne, as well as a pair of Polo underwear. At least this shoplifter is a classy sort.

A local sports station confirmed that the NFL player cooperated and did not attempt to run. He was booked into the Frisco City Detention Center and released early the next morning on bail.

Ironically, this man can definitely afford underwear and cologne. The reserve running back is making just under $500,000 this year and is signed to a four-year, $2.35 million dollar contract! He just had his best game of the year, rushing for over 50 yards on just 5 carries. As far as any discipline coming from his team or the NFL, at the time of this writing there has been no word.

LEGAL ANALYSIS

Unlike Texas, in Florida there are only two types of misdemeanors and three types of felony charges for theft. Theft charges can be found under Florida Statute 812.014.

Depending on the value of the items stolen and/or any prior theft convictions for Mr. Randle in Florida this case could be charged as a misdemeanor or a felony. If this was his first theft offense and the items were worth under $300 (as seems likely), this would be a mere misdemeanor. If the items were worth over $300 or he has prior theft convictions, it is possible that the shoplifting would be elevated to a third-degree felony. That is punishable by up to five years prison!

If Mr. Randle has no priors, he would seem to be a prime candidate for a Florida pre-trial intervention program (“PTI”). This would consist of a series of things he would have to do (such as community service and a shoplifter’s awareness class) that if succesfull, his charges would be dismissed.

As for now, it will be interesting to see what decision he makes and how it affects his professional future.
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October 8, 2014

Pinellas County Sheriff’s Office sets up DUI checkpoint, 8 nabbed

by Blake & Dorsten, P.A.

From the TampaBay Times, a DUI checkpoint in Kenneth City last weekend nabbed multiple arrests. While we have previously discussed some irregularities that can take place with Florida DUI checkpoints, this one seemed less about controversy, nabbing eight arrests.

Before bad weather struck early Saturday morning, Pinellas CountySheriff deputies managed eight arrests at their DUI checkpoint.

Starting at 10 p.m. Friday and lasting until 2:45 a.m. Saturday near the Kmart at 66th street in Kenneth City, the checkpoint over 25% of the cars passing through.

Per Sheriff’s records, out of 774 vehicles, 216 were pulled over for additional scrutiny by the police.

The eight arrests resulted in multiple charges such as traffic infractions, a no valid driver’s license, a DWLSR, two counts of cocaine possession, a possession of marijuana and a possession of alcohol by persons under 21.
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October 1, 2014

80-year-old Florida man beaten in a diner

by Blake & Dorsten, P.A.

As first reported in the smoking gun website, an octogenarian was beaten inside a “family” chain restaurant after asking the defendant to stop cursing…

An 80-year-old man was the victim of a battery on an elderly charge after he was repeatedly punched and thrown to the ground by the suspect. The reason? The elderly man asked the suspect to stop cursing!

26-year-old Mikie Sawyer was arrested for battery disorderly intoxication and obstruction for his actions in an Applebees last week.

The victim, Harry Sander, told police he was at the neighborhood bar when he heard the drunk victim repeatedly scream and curse. Sawyer was dropping F-bombs and using slang terms for the female anatomy. Harry approached the defendant and politely asked him to lower his voice per the police report.

The defendant refused, words were exchanged and after a no doubt fascinating conversation of the victim’s homeland and customs elsewhere in the world compared to America, the defendant brutally punched the elderly man in the face. Harry was then thrown to the floor and blacked out. He was treated by paramedics at the scene.

There appears to be plenty of evidence in this case. Per the police report, the victim’s face and cheek were bruised and discolored as was the defendant’s knuckles. There were also multiple eye witnesses to this battery.

After the fight, the defendant left the restaurant with two friends. A manager followed them outside to write down the license plate number. The defendant reacted by charging the employee and threatening to beat him up as well.

The defendant was arrested following a traffic stop. He was arrested and as of this writing there has been no court dates for him.
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September 24, 2014

No car seat, no problem? Florida woman puts child in the trunk!

by Blake & Dorsten, P.A.

Want to avoid a traffic ticket for not having a car seat for your child? Well for one Florida woman the answer was simple: put your baby in the trunk! Luckily police found this out quickly…

19-year-old Breona Watkins was out driving without a headlight late at night. When a Broward Sheriff Deputy attempted to pull her over, she continued driving for several blocks.

After claiming she didn’t stop her car because she has “never been pulled over before”, Ms. Watkins then gave a false name to a law enforcement officer. The new mother then admitted that she did not have a driver’s license and was arrested for a dwlsr. That is when things took a dark turn…

During the traffic stop, a second deputy heard what sounded like “crying from the vehicle and there was no child in the vehicle”. When the deputy opened the trunk they found Ms. Watkin’s child inside. The baby was on top of plant cutting shears, surrounded by a rusty coat hanger, a tire iron and several plastic bags among other dangerous objects.Upon questioning, Ms. Watkins told the police that her baby had been sitting on the lap of a 14-year-old passenger. When police pulled her over, she told the passenger to stash the baby in the trunk through the back seat which folded down. At no time did the mother tll the police this during the more then 15 minute traffic stop because according to the mother, she didn’t want to get a ticket for not having a car seat for her baby!

For trying to avoid a traffic ticket the mother was arrested and charged with felony child cruelty, obstruction, multiple tickets and a driving without a license. As of this writing she remains in jail.
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September 17, 2014

“Weird Florida” strikes again…

by Blake & Dorsten, P.A.

From the Smoking Gun website, two quick police reports that help show how the term “Weird Florida” got its name…

Just last Friday an elderly Florida woman was charged with misdemeanor battery after spraying her mentally ill adult son with Febreze, a cleaning product.

Per the report the 69-year-old mother, Jenny Ellis, claimed she was frustrated with the state’s mental health system and wants her son gone. According to the police Ellis told them “Just take him out of here. Make him disappear, shoot him or something.”

After posting a bond, the suspect is due in court next month. She was lucky as she could have been charged with more serious offenses such as battery on a disabled person, aggravated assault or other charges. It sounds like she may need a mental health evaluation herself to make sure she can handle the stress of taking care of her son.

Not to be outdone, 45-year-old Desmond Brownlee was arrested and charged with domestic battery after choking his wife during an arguement over fried chicken! As most thing do, this fight started late night when the defendant began fighting with his wife of over three years? The reason for the fight? Per Desmond, he was angry that there was not enough chicken leftovers!

The victim claimed that she was pushed into the bedroom and repeatedly hit. Finally she said the suspect strangled her to the point that she was not able to breathe!

She eventually broke free and dialed 911. However when the police arrived, she had since changed her mind and no longer wanted to press charges. The report made sure to note that they had a child in common who was sleeping throughout the incident.

Noticing red marks on the victim’s face and neck, the defendant was arrested for domestic battery by strangulation (a felony) and tampering with a witness. He was taken to jail where he remained.
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September 11, 2014

Double Standards? Ray Rice vs. Shannen Allen in New Jersey

by Blake & Dorsten, P.A.

By now this has been the lead story on almost every news cast. We have included a video from CNN that does not show the battery. A copy of that video can be found here. While it is not bloody, it can be disturbing for certain viewers…

As has been previously mentioned, star running back Ray Rice has been suspended indefinitely from the NFL and has been cut from the Baltimore Ravens last Monday. This turn of events occurred only after a new video surfaced showing the football star brutally knocking out his fiancee, now wife in a hotel elevator.

NFL Commissioner Roger Goodell had originally suspended Rice two games for his actions involving the domestic violence. This drew harsh criticism from many people who noted that the NFL was giving out four game suspensions for first-time illegal drug users. Goodell claimed the light sentence was given when he only had access to an earlier video which did not show the actual assault. Rather it showed Rice dragging his unconscious girlfriend out of the elevator.

Back in July, Rice had admitted wrongdoing and he and his wife were in counseling. After this latest suspension, the 27-year-old man may be out of options. Any NFL team that signs him will need the commissioner’s approval to proceed. In addition, the Canadian Football League is not allowed to sign him as long as he is suspended by the NFL.

Rice had previously been given probation by a New Jersey judge after a deal was worked out with the prosecutor. This too has come under intense criticism by many for both the supposed leniency as well as the same judge/prosecutor are now involved in a controversial firearm case.
In that New Jersey case, a Pennslyvania woman was pulled over in New Jersey. She let the officer know that she had a firearm in her car and that she had a valid firearm permit from her state. Unfortunately for her, New Jersey does not recognize these permits and she was arrested. Despite previous cases of people being offered a diversion program for the same offense, New Jersey prosecutor Jim McClain is refusing to budge. His last offer to the woman, Shaneen Allen, a professional with two children, was 3.5 years prison!

The fact that this prosecutor and Judge Michael Donio consider a brutal domestic battery less of a concern then legal firearm ownership by a military vet and mother has outraged many people.

Is there a double standard? Ray Rice was famous and given a slap on the wrist for his brutal battery. Meanwhile the exact same judge and prosecutor who excused domestic violence appear almost giddy in their attempts to imprison a woman with no criminal record for a mistake.

One thing for certain, there are no winners in either case. The NFL looks soft on crime and the Baltimore Ravens took heat for both their support of Ray Rice and their tweet from Rice’s wife in which it appeared she blamed herself for the incident.

As far as the firearm case, the New Jersey justice system looks weak but especially the judge and the state attorney’s office. Many articles have been written nationally including in USA Today, and local papers.

The one possible bright spot in all this mess is that domestic violence victims are getting increased attention. The old question of “why didn’t (the victim) just walk away?” has been getting answered and the country as a whole has heard about both tragedies now. With increased awareness will hopefully come increased domestic violence education and perhaps a push for more fairness in prosecution for both innocent victims and even the accused.
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September 4, 2014

In Florida, have prescription pills gone full circle?

by Blake & Dorsten, P.A.

It is an accepted fact that prescription pill abuse is a major problem in Florida. There have been articles mentioning pill mills and talk that cracking down on them has helped fuel the rise of heroin in Florida. Now a great article in the Tampa Bay Times website talks about a growing backlash amongst doctors about “too strict” regulations that are affecting their ability to prescribe these pills to the patients who most need them…

A Tampa doctor who once led the fight to curtail prescription drug abuse and the fatal overdoses that resulted from it, is now on a new crusade. He is wanting to increase the access to the same drugs he once fought to reduce.

Despite an almost 25% decline in prescription pill “OD” deaths in just the past few years, Tampa Dr. Rafael Miguel is now hoping to loosen the same laws he once championed. The reason? Too many pharmacies are now refusing to fill the prescriptions or even questioning the medical professionals as to the necessity of the drugs.

Thanks to the efforts of Doctor Miguel and others like him, the DEA began to fine drug companies and pharmacies for not questioning certain prescriptions. Of course, this has resulted in increased scrutiny towards these prescriptions, even if medically necessary.

This has led to tension between the doctors and pharmacies. The AMA (American Medical Association) has warned pharmacies about refusing to fill prescriptions. Major pharmacies such as Walmart and others have pointed out that they have a duty to exercise care. Said a CVS spokesman “As health care providers on the front lines of health care delivery, our pharmacists use their professional judgment and consider a variety of factors when determining whether a prescription for a controlled substance was issued for a legitimate purpose, which is part of their professional responsibility under state and federal law”.

WHile the two groups are arguing, it is the patients that are paying the price. There are horror stories about people with legitimate prescriptions that are being refused service. Stores are using various excuses, such as claiming doctor shopping or that an injured patient lives too far away from the pharmacy.

Now even a Doctor that helped Pinellas County draft an ordinance reducing pill mills thinks things have gotten out of hand. Watching some of her patients who suffer from cancer or severe spinal conditions bounce from pharmacy to pharmacy without success.

“It’s crazy,” said Dr. Lynne Columbus, the Clearwater doctor who drafted the ordinance. “It’s gone way too far to the other side.”

Still pharmacies may not be backing down. After Walgreens was hit with an 80 million dollar fine from the DEA for letting oxycodone hit the black market, other pharmacies became even stricter. After a few CVS pharmacies in Florida had their license revoked, many stores stopped carrying controlled substances or kept them in limited amounts.

Now many innocent patients are suffering in pain and unable to get relief.

According to local pharmacist Larry Golbolm, in Florida, pharmacists do not need to justify refusing to fill a prescription. “Pharmacists did not go to school for at least six years to be drug dealers for the highly suspect ‘profession’ called ‘pain management,’ ” he said. “The ruse on pain management is fully understood by the majority of pharmacists, especially at the chain establishments.”

This “war” between reducing prescription pill addiction and helping legitimate patients has produced a few casualties, including a Pinellas woman who committed suicide rather then face her pain after she was unable to get her prescriptions filled.

In another example a late-stage lung cancer patient elected to enter a hospice instead after she was unable to get her prescription filled.

Per Trinity Pain Center owner Christopher Wittmann “If she underwent chemotherapy, she may actually have been able to extend her life by a year, but the option of having a year and being in miserable pain or living two to three months but having her pain controlled was her choice, because there was no guarantee that we could control her pain.”

Another unintended consequence of this crackdown is legitimate patients afraid to talk about their medicine and medical condition as they fear looking like drug addicts. Many patients feel defensive even talking about it.

Is there an answer? Unfortunately corporations, like people, respond to consequences. If a company runs the risk of a large fine or even being shut down, they tend to err on the side of caution. This results in many innocent people being put through unnecessary pain and suffering because they cannot get their prescription pills. Now, many of the same doctors who championed stiffer laws to control these substances are surprised that pharmacies are hesitant to fill their prescriptions. Until Pinellas County finds a “third way” between public safety and patient’s rights, we will continue to see both prescription pill abuse and innocents suffering.
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August 27, 2014

Florida babysitter stabs client for refusing her advances

by Blake & Dorsten, P.A.

From the smoking gun website, a Florida woman is arrested for aggravated battery after she stabbed her client for refusing to have sex with her!

22-year-old Shakieria Anquanette Shan Long was arrested by police earlieer this month for stabbing her client in the neck. His crime? Refusing her sexual advances because she was drinking too much!

Per a witness, there was a BBQ at a nearby Ft. Pierce home. Ms. Long and the victim, 32-year-old Eugene Slyvester entered the house. The defendant was screaming at the man that she wanted to have sex with him. The defendant, who babysat the victim’s children, was very intoxicated.

Ms. Long proceeded to follow the victim to a back bedroom where she grabbed a knife and began stabbing him. Per the witness, the defendant soon came out asking for help, saying she stabbed Eugene and that he “was leaking”.

The witness grabbed a towel and proceeded to put it on the victim’s neck while walking him home. That did not last long as the defendant soon came running up to them and proceeded to punch the victim in the face multiple times.

Police were called and after questioning witnesses, they arrested the defendant for felony battery, public intoxication and misdemeanor battery.

This was not her first brush with the law. At the time of her arrest, Ms. Long was free on abond in connection with an earlier arrest for disorderly intoxication, resisting arrest, and battery on a law enforcement officer. Her bond was quickly revoked and she remains in jail.

As for the victim, Mr. Slyvester received multiple stitches but told police that he did not wish to press charges. As of the time of this writing, no charges had been filed.
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August 21, 2014

Super Bowl Champion Investigated by the Police

by Blake & Dorsten, P.A.

A police department in the state of Washington is investigating Seattle Seahawk running back Marshawn Lynch for assault and criminal mischief allegations.

The local police were quick not to jump to conclusions. Per the police spokesman: “At this point, this is only an allegation. We haven’t even confirmed that he was there, so it’s very early on in this investigation. Everything that we can confirm is in the news release”.

While details are still murky, the incident might have taken place early Sunday morning in a woman’s Bellevue apartment. The woman claimed that the football player threatened a battery against her and then damaged some of her things.

The police were quick to note that no sexual assault or domestic battery was suspected.

As for Marshawn Lynch, the timing could not be worse for the three-time Pro Bowler. Lynch last year led the Superbowl champion Seahawks with over 1200 rushing yards. There were many insiders who had hoped that a superbowl ring would mature the trouble-proned running back.

He had previously been suspended three games in 2009 by the NFL commissioner for a weapons charge. Then just two years later, he was arrested for a DUI.

Despite his past, it is important to remember that these newest charges are mere allegations at the time of this writing and he has yet to be charged.
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