Tampa Bay Criminal Defense Lawyer Blog

In part one of this blog, we discussed the history and background of Florida's "Stand Your Ground" law and what it means. In this section, we will be discussing both the potential charges Mr. Zimmerman, the alleged shooter, may be facing as well as if this law itself even applies...

What are the possible charges that George Zimmerman faces?

As of this writing, no arrest has been made in this case. Police continue to investigate with no hint of what direction they are leaning to. The most obvious charge is murder. In Florida, murder can be of varying degrees, often depending on if the act was premeditated. If the police determined that Mr. Zimmerman acted with negligence in the killing of Mr. Martin, under Florida law, her could be charged with manslaughter. Mr. Zimmerman could possibly face federal charges if the federal government decides to get involved (possibly through a civil rights violation). Finally, it is important to remember that this is all conjuncture, no charges have been filed yet and Mr. Zimmerman is innocent until proven guilty.

Does Florida "Stand Your Ground" Law apply?

The short answer is...nobody really knows! This law prevents prosecution for murder or other criminal charges but ONLY if George Zimmerman was not the instigator. Using a hypothetical, suppose George Zimmerman repeatedly followed and harrassed Trayvon Martin or if George attacked Trayvon. Then pretend Trayvon started to fight back or retaliate against George. This law could not be used as a defense by Mr. Zimmerman because in that scenario, HE was the instigator and did not try to retreat from the situation. Contrary to many media depictions, this law is not a "get out of jail" card that you can use just because you started a fight and began to lose!

However, suppose Mr. Zimmerman was following Mr. Martin and Trayvon then began to get aggresive towards George. George then retreats but Trayvon continues to attack. If Mr. Zimmerman has a reasonable fear that he may suffer death or great bodily harm, that law may now apply.

The truth is we may never know what occurred that night. Already, there has been much inacurate media portrayals of both parties. All we can hope for is that justice will be done...

Continue reading "Florida "Stand Your Ground" Law and Trayvon Martin, Part Two" »

By now, the whole country has heard about the Trayvon Martin shooting. As of this writing, the facts are still being sorted out and the accused shooter, George Zimmerman, has yet to be arrested. However, there has been much outrage and blame directed towards Florida's "Stand Your Ground" law. The real question remains...does this law even apply to the facts as we know them?

F.S. §776.013(3) - Florida's "Stand Your Ground" Law

"A person who is not engaged in an unlawful activity, and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony".

As I am a criminal defense lawyer, I have been recently asked to explain Florida's so-called "Stand Your Ground" law. To explain how we got here, we first need to know where we have been. That takes us to Florida "BSYGL" or "Before Stand Your Ground Law...

Before the 2005 passing of Florida's "Stand Your Ground", a person could only use non-deadly force to defend against the imminent use of unlawful non-deadly force. The only time deadly force was authorized was to defend you or another against immediate deadly force/ great bodily harm. The use of deadly force was also allowed to stop the commission of a forcible felony.

A previous law, the so-called "Castle Doctrine" provided that a person had no duty to retreat prior to using deadly force against an intruder only if you were in one's home or workplace. You would still need a reasonable belief that deadly force was necessary to defend against great bodily harm, deadly force, or the commission of a forcible felony (such as a robbery or sexual assault). Unlike the later "Stand Your Ground" law, you had a "duty to retreat" prior to using deadly force.

Florida " ASYGL" or "After Stand Your Ground Law"

This "Stand Your Ground" Law introduced two (2) presumptions that would favor a criminal defendant who is making a self-defense claim:

1.The presumption that the defendant had a reasonable fear that deadly force was necessary; and
2.The presumption that the intruder intended to commit an unlawful act involving force or violence.

These two presumptions protect the defendant from both civil and criminal prosecution for any unlawful use of deadly or non-deadly force in self-defense. Additionally, the defendant/gun owner has no duty to retreat, regardless of where he is attacked, as long as he is in a location he is lawfully entitled to be when the danger occurs.

Florida's "Stand Your Ground" Law acts as a "presumption of innocence" from prosecution, as opposed to an affirmative defense that you would need to assert in Trial (after being arrested and charged by the State of Florida).

So the question remains...Is this "Stand Your Ground" law in any way responsible or encouraged the killing of Trayvon Martin? Part Two of this blog will talk about both the potential crimes that the shooter may be charged with as well as if this law applies...

Continue reading "Florida "Stand Your Ground" Law and Trayvon Martin, Part One" »

A jury in Hernando County Florida finds son Guilty of First Degree Murder for killing his father, in cold blood, over the popular (and deadly) drug Oxycodone.

In a Brooksville courtroom, Assistant State Attorney Pete Magrino gripped the Revelation 12-gauge, sawed-off shotgun and pointed it at the courtroom wall, just feet from the jury.

He pumped the slide on the shotgun, then pulled the trigger. Pump. Click. Pump. Click. Pump. Click.

"Ivan Horne was shot four (4) times. I don't know how fast or slow the defendant cycled this shotgun when he murdered his father," Magrino told jurors Thursday, pointing at the 20-year-old man sitting at the defense table. "We're not talking one shot."

After a dramatic closing argument by the Assistant State Attorney, the jury took just one (1) hour to find Stephen Horne guilty of First-Degree Murder in the May 2010 shooting of his father, Ivan Horne, 47. Authorities say the son was motivated by drugs and money.

Later, just after Chief Circuit Judge Daniel Merritt Sr. sentenced Horne, of Ridge Manor, to LIFE in prison (without the possibility of parole), the convicted killer turned to sobbing family members sitting two rows behind him, and he smiled.

Some told Horne they loved him. Others couldn't say anything. As deputies escorted him out, he glared at news reporters.

Horne was also convicted of Robbery with a Firearm and Possession of a Short-Barreled Shotgun.

His accomplice, Angel Gonzalez, 28, of Holiday, was convicted last month of First Degree Murder and was also sentenced to LIFE in prison.

In court Thursday, Magrino read portions of a damning confession Horne had given to Hernando sheriff's Detective Bryan Faulkingham.

" 'I killed my father. I shot my father. I planned it all,' " Magrino read. " 'I hated my father. I seen dollar signs. I planned it out. Everything was all my idea. I was going to get away with it.' "

The two (2) men stole Ivan Horne's prescribed Oxycodone pills and between $200 and $600, Magrino said. Then they stripped him of his boots, trousers and cell phone.

"The state has proven that defendant right there," Magrino said, pointing at Horne, "is a cold-blooded killer."

As reported by BayNews9, Polk County Sheriff Grady Judd is at it again.

In another "cost-cutting" measure, the Polk County Jail will no longer provide free underwear to its inmates.

Normally, when an inmate is booked in the jail, they are given an orange shirt, orange pants and underwear.

In order to save money, Polk County Sheriff Grady Judd has proposed making males inmates pay if they want their "tighty whities."

The cost-saving measure was part of the sheriff's 2011-2012 budget he presented to county commissioners Thursday afternoon. Judd said it will save the county $45,000.

Although women behind bars will still be provided underwear, the men will have to pay.

"For those who don't want to pay, they can let the breeze blow up one leg and out the other," Judd said (in classic Grady Judd fashion).

The idea drew smiles from several county commissioners and laughter from the crowd.

"You and I buy it at the store. So, if they want it, they can buy it," he said. Judd said they are also cutting eleven (11) positions, including six (6) supervisors.

Judd says while his department is doing more with less, his highest priority remains keeping the people of Polk County safe.

Judd said the new policy will not cause the quality of service from the department to go down.

"None of these cuts will keep us from answering the call," Judd said.

FYI -- As for the underwear, it's about $2.50 for briefs and $4.50 for boxers. The choice is up to the inmates.

"We give our inmates choices at our jail," he said.

The new underwear rule will breeze into effect Aug. 1st.

Continue reading "POLK COUNTY: No More Free Underwear for Male Inmates" »

A disturbing story in last week's Chicago Tribune details a "brotherly love" episode (involving an affair, a dead cat and text messaged photos) gone wrong:

Enraged after his older brother had an affair with his fiancee, an Illinois man killed his brother's cat, then texted him a photo of it along with the message: "This is what you did to me."

Sean Mulcahy, 31, of Homer Glen, pleaded guilty to a Felony Animal Cruelty charge Wednesday, telling Judge Edward Burmila he was "sorry" for slitting the throat of his brother's cat Lucifer in August. Will County sheriff's police found the cat in a ditch across the street from the Homer Glen home where Mulcahy lived with his brother Ryan, 33. Police also found a pool of blood in the driveway.

The Mulcahy brothers had been fighting August 5th when Ryan Mulcahy received a text message with a picture of his bloodied pet around 4:50 a.m., according to court records. Police arrested Sean Mulcahy when he returned to the home about three (3) hours later.

That same day, Ryan Mulcahy took out an order of protection against his brother Sean for himself and his 9-year-old son, writing that "based on this degree of Animal Cruelty I am in fear of my life and my family." The order has since expired.

Sean Mulcahy, who was drunk, first told police he killed the cat after it scratched him, said Assistant State's Attorney Nicole Moore. He later told police he couldn't remember what happened, court records show.

On Wednesday, Sean Mulcahy said emotions over his brother's affair led to his actions. He said they had cost him his home, a job and created "turmoil" for his parents who received "hate letters" after he was charged.

"It was definitely fueled by out-of-control emotions as well as alcohol," Sean Mulcahy told the judge. "I am deeply sorry, sir."

Prosecutors sought what amounted to a 3-month prison sentence, saying they were troubled by Sean Mulcahy's "anger and violence."

"Taking the life of an animal to get (revenge) on his brother is a severe and horrible crime," Moore said.

Sean Mulcahy's attorney Donald DeWilkins said his client had only a minor criminal record, had found another job and was seeing a counselor. He said Sean Mulcahy was only "out of control" after discovering the affair.

"He had a tragic situation and that's how he dealt with it -- (he) went out and did something very stupid," DeWilkins said.

Burmila said it was "particularly shocking someone would take out their anger in this regard," before sentencing Sean Mulcahy to thirty (30) months of probation and 150 hours of community service. He also banned him from having a pet or possessing any weapons while on probation.

Whatever happened to the old days of just throwing fists?

You may remember the three (3) St. Pete men that were charged in a high-publicity St. Petersburg shooting that killed an adorable young girl -- who was caught in the crossfire of a gang/neighborhood dispute back in 2009.

On Wednesday, Mario Lewis Walls pleaded Gulity to the Second Degree Murder of Paris Whitehead-Hamilton. As part of his plea deal, he has agreed to testify against his two (2) co-Defendants: Dondre Davis and Stephen Harper.

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Back in 2009, Whitehead-Hamilton, who was then 8 years old, was killed when bullets fired by rival gang members flew into her St. Petersburg bedroom. The shooting caused an outrage in the city of St. Pete because of its high-level of violence (as well as the fact that no one would step forward as a witness or provide the St. Pete Police Department (SPPD) or the State Attorney's Office (SAO) with any information on the suspects.

The investigation into this shooting revealed an often-complained-about informal policy of "no snitching" in the city of St. Pete. It also raised issues of trust between the residents of St. Pete and their own police department.

In total, more than fifty (50) rounds of assault-rifle ammo were fired into Paris' home at 771 Preston Avenue South. That street now bears her name after the city changed it to Paris Avenue.

Investigators say Walls was the getaway driver. He faces life in prison. However, because the State allowed him to plead Guilty to Second Degree Murder instead of First Degree Murder, in exchange for his cooperation and testimony, there is a good possibility that he will receive a lighter sentence.

Davis is next up for Trial in April. If he his found Guilty of First Degree Murder, there are only two (2) possible sentences: LIFE in prison (without the possibility of parole) or the death penalty.

Continue reading "ST. PETE: Guilty Plea from Driver in Paris Whitehead-Hamilton Shooting" »

As we enter another Holiday Season, the Blake & Dorsten, P.A. would like to wish you and yours a Happy and Safe Holiday weekend.

With the support of all of our friends, family and clients, 2010 was another excellent year for the Blake & Dorsten, P.A.. And for that, we have much to be thankful for this Holiday Season.

To our family and friends, thank you for your patience and understanding when it was necessary to work late nights and/or weekends.

To our business colleagues and our outstanding network of fellow attorneys, thank you for not only your referrals but for the trust that you have placed in the Blake & Dorsten, P.A. to provide an experienced and aggressive representation to those that you've sent our way.

And to both our former and present clients, thank you for the trust that you have placed in the Blake & Dorsten, P.A. to protect your rights and to handle your important criminal and/or traffic-related matters.

As many of you know, 2010 presented some different challenges for the Blake & Dorsten, P.A.. Without your support, we would not have been able to achieve the many successes that came our way.

On behalf of the entire Blake & Dorsten, P.A. team (Pam, Eryn, Oatie and myself), have a Happy, Healthy and Safe Holiday Season.

As always, attorney Nicholas J. Dorsten will be available throughout the Holiday Weekend. In fact, we were very grateful to sign up a new Client today and make a Christmas Eve trip to the Pinellas County Jail.

Continue reading "CLEARWATER: Happy Holidays from the Blake & Dorsten, P.A." »

Earlier this week, the Sixth Circuit Court of Appeals (a Federal appeals Court) issued a landmark opinion in the criminal case of United States v. Warshak, finding that individuals have "a reasonable expectation of privacy in their email" and that the Fourth Amendment protects email held by an Internet Service Provider (ISP).

In other words, "[t]he government may not compel a commercial ISP to turn over the contents of a subscriber's emails without first obtaining a warrant based on probable cause." United States v. Warshak, et al., No. 08-3997, Slip Op. at 23 (6th Cir. Dec. 14, 2010).

As a criminal defense attorney, I've been asked the following question many times: To what extent can the police secretly view/obtain your private email? This core question, namely - what are the limits of police surveillance - was answered this week by the Sixth Circuit Court of Appeals in a lengthy opinion (that is hyperlinked above).

On one side of the issue, privacy advocates are pleased as punch with the opinion which holds that the government/police must obtain a search warrant based on "probable cause" before it can search emails stored by Internet Service Providers (ISP's).

The case involved a Federal Fraud prosecution of Steven Warshak, an Ohio executive, whose company sold an herbal supplement which was touted for its purported ability to increase a man's, um, physical attributes. Perhaps you've seen a commercial or two for this product?

As part of its Fraud investigation, the United States government obtained about 27,000 private emails from Warshak's Internet Service Providers. Warshak moved to suppress/exclude the emails as evidence, contending that the U.S. government obtained them through an unreasonable search and seizure, in violation of the Fourth Amendment.

People have a "reasonable expectation" that emails will remain private, the Sixth Circuit stated, using some colorful language. "Lovers exchange sweet nothings" and "businessmen swap ambitious plans" all with the click of a mouse button, the Court said. By obtaining access to someone's email, law enforcement agents gain the ability to peer deeply into his activities. . . the Fourth Amendment must keep pace with the inexorable march of technological progress, or its guarantees will wither and perish."

The Sixth Circuit held that Warshak's constitutional rights were violated when investigators obtained his e-mails without a search warrant.

In a minor side note, the Court upheld his convictions. One of Warshak's attorneys, Martin Weinberg, told the Associated Press that the Court's ruling on email-privacy was helpful to his client; however, the Court should have also overturned his convictions.

The Electronic Frontier Foundation hailed the recent Sixth Circuit ruling, saying in a statement that it is the "only federal appellate decision currently on the books that squarely rules on this critically important privacy issue."

The National Association of Criminal Defense Lawyers also weighed in with praise. "Americans expect and deserve protection from government agents who would snoop into their private communications without probable cause and a court order," the group said in a statement.

Please remember, this opinion only applies to "government agents." This opinion will not prevent your wife or girlfriend from snooping into your private email account.

BEWARE.......

Continue reading "Federal Appeals Court Rules that Emails are Protected from Warrantless Searches" »

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?" »

Two stories on BayNews9.com today addressed the fate of Jennifer Mee, otherwise known around the world as the "Hiccup Girl."

At her "First Appearance" or "Advisory Hearing" in Clearwater this afternoon, bond was been denied for Jennifer Mee and two (2) other men, who are facing First Degree Felony Murder charges in connection with a Robbery that left a 22-year-old St. Pete man dead.

Mee first made news after a fight with the hiccups that lasted for six (6) weeks. During that time she was asked to leave school because she was considered a distraction to other students.

Doctors finally got the hiccups to stop.

According to the St. Petersburg Police Department (SPPD), Mee exchanged online messages and phone calls with Shannon Griffin in the week leading up to the homicide.

Investigators said Mee asked Griffin to come to a home in the 500 block of 7th Street North on Saturday. Mee met Griffin in front of the house, and then walked with him, where he was confronted by co-Defendants Laron Raiford, 20, and Lamont Newton, 22, police said.

Raiford and Newton attacked Griffin, robbing him then shooting him numerous times, police said.

Mee, along with Raiford and Newton are now in the Pinellas County Jail facing Felony First-Degree Murder charges.

Mee has no prior criminal record, but could face LIFE in prison if found guilty of luring Griffin into the home so he could be robbed (under a theory known as "Felony Murder").

Griffin was robbed of his wallet, a small amount of cash and keys. At some point, the set-up went wrong and Griffin was shot several times and killed.

St. Petersburg Police Department Major Michael Kovacsev said Mee and the other two (2) suspects admitted what happened.

"She was very emotional, I can say that," Kovacsev said.

LOS ANGELES - According to a breaking story published by the Associated Press, Grammy-winning rapper T.I., who has a history of Drug Offenses and is on Federal Probation after spending time behind bars on Gun Charges, was arrested along with his wife after police smelled marijuana coming from their car, authorities said.

The rapper was arrested Wednesday night in West Hollywood during a traffic stop, Los Angeles County sheriff's deputy Mark Pope told The Associated Press. Authorities said they smelled a strong marijuana odor but would not say if any other drugs were found in the car.

The 29-year-old rapper and his wife, Tameka Cottle, were released from jail at about 4 a.m. Thursday after posting $10,000 bail each, sheriff's Deputy Luis Castro said.

T.I.'s publicist declined to comment.

The arrests follow last week's detention of socialite Paris Hilton, who is being investigated for Felony Cocaine Possession after a motorcycle officer smelled pot wafting from her car.

The Atlanta-based rapper, whose real name is Clifford Harris Jr., is a multiplatinum hitmaker. Known as the "King of the South," he has emerged one of music's most profitable stars.

He also has a key role in the current top box office movie "Takers." The shoot-'em-up about an armored truck Robbery that goes bad was released last week and topped the box-office chart.

T.I. served seven (7) months in an Arkansas Federal prison and three (3) months in a Georgia halfway house on Federal Weapons Charges and was released in March. He was sentenced to serve three (3) years of supervised release after his prison sentence ended.

He was ordered not to commit another Federal, State or local crime while on supervised release, and also ordered not to illegally possess a controlled substance. He was also told to take at least three (3) drug tests after his release and to participate in a drug and alcohol treatment program.

Patrick Crosby, a spokesman for the U.S. Attorney in Atlanta, had no immediate comment Thursday on whether Harris violated the terms of the judge's order.

Since his release, the rapper, who previously spent time behind bars for Drug Offenses, has vowed to live a better life. He spoke to children about the dangers of drugs and guns, and former United Nations Ambassador Andrew Young was one of his supporters. As he prepared for his most recent sentence, he starred in the MTV reality show "T.I.'s Road to Redemption: 45 Days to Go."

In a recent interview with The Associated Press, T.I. talked about living a more positive life.

"Right now, it's all about moving forward and just acknowledging the blessing that are here today. ... Just moving past the regrets of yesterday -- the things that could've been done better," T.I. said in a July interview.

Unfortunately, at this point in time, it looks like the only forward moving for T.I. is that he is one step closer to going back to Federal prison.

Continue reading "LOS ANGELES: Rapper T.I. Arrested Again - Federal VOP Coming Soon" »

A 26-year-old man is accused of Stalking a woman and making threats against her life, according to a story in today's St. Pete Times. The stalker has been using his cell phone to leave the victim disturbing voice mail and text messages.

Texts such as "I'll kill you" and "take 'em to your grave" were sent to the victim, according to the St. Petersburg Police Department.

The woman and her mother may have even been the target of a "drive-by shooting" last month, though no one has been arrested in connection with that.

Jared Borgesto Murray was arrested and charged Monday with Aggravated Stalking (a very serious Felony).

According to his arrest warrant, Murray is accused of harassing the victim between November 20th and December 20th. The victim and her mother called the police in November and told them that Murray had been calling both of them and leaving threatening messages.

As they spoke to an officer the morning of Nov. 20th, the arrest warrant said, the victim's cell phone received two (2) text messages from Murray threatening to hurt her and the police if they "get in my way."

On Dec. 15th, according to the arrest warrant, the woman told the police that she was still receiving threats even after changing her cell phone number. That month, she also obtained a Domestic Violence Injunction (DVI) against Murray.

Two (2) days later, the woman's mother told the police that she heard a "loud bang" around 12:25 a.m. Police found bullet holes in the Mazda parked outside and a hole in the front of their house. Fortunately, no one was injured.

The arrest warrant also detailed a number of threatening text messages:

"Immna kill you. An then I'm gonna kill myself."

"U hurt me now its time for u to hurt exclusively lol watch thank god."

"Anybody ... even look at me crazy your jeopardizing ya whole family an dats on my life."

Sprint was able to connect the two (2) cell phone numbers that the police said were being used to harass the victim to Murray. Murray was also arrested last year in a separate Domestic Battery incident involving the same victim, according to the police.

Murray, of 2500 14th Street South, posted $100,000 bail and was released from the Pinellas County Jail on Monday.

Continue reading "ST. PETERSBURG: Woman is Victim of Cell Phone Stalker" »

A Tampa Bay area teenager, convicted of a violent rape, has been sentenced to 27 years in the Florida State prison system.

Jose Walle, 15, was one of three men accused in a string of attacks throughout the Bay area in the summer of 2008.

He and two others are facing charges in connection with an Armed Robbery and Armed Sexual Battery at The Table in downtown St. Petersburg. Investigators said the trio also attacked women in Gibsonton and Apollo Beach.

Investigators said that, while Walle himself did not commit any of the rapes, he helped make the crimes happen. In one case, investigators said he pointed a gun at a duct-taped kitchen worker while one of the other, Rigoberto Moron Martinez, raped another employee on the kitchen floor.

According to the St. Pete Times, Pinellas-Pasco Circuit Judge Joseph A. Bulone remarked at Walle's sentencing that: "Quite frankly, the facts of this case are amazingly aggravated; they are very, very serious."

Continue reading "ST. PETE: Teen Sentenced to 27 Years in Prison for Rape at The 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 Nicholas J. Dorsten, Esq. of the Clearwater-based Blake & Dorsten, P.A., 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 madness must stop," according to Circuit Court Judge Joseph A. Bulone. On Friday, Judge Bulone provided one victim's family with a sense of closure when he sentenced Allan Burney (below), 21, to life in prison for his role in the October 8th, 2007 shooting of Michael Scott, 23, in Clearwater's North Greenwood community. For the complete story, check out Saturday's St. Pete Times article.

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Burney, who co-created the underground DVD series "Da Hood Gone Wild," was convicted following a three-day trial that ended on August 27th. A Pinellas County jury found Burney guilty of Second Degree Murder along with three additional counts on Attempted Second Degree Murder and Shooting at, within or into a Vehicle for the shooting that killed Michael Scott and seriously injured his brother, Antonio Scott.

"Da Hood Gone Wild" infamously depicted violence in Clearwater's North Greenwood neighborhood. Burney developed the controversial DVD series with his childhood friend Cortez Hearns. The videos chronicled street life in the North Greenwood community including: fights in the middle of the street, gyrating women in G-strings and the Clearwater Police Department trying to control the pandemonium.

At trial, state prosecutors were able to convince a jury of four women and two men that Burney fired a Mac-11 into the car that Michael Scott was driving on October 8, 2007 in the area of North Betty Lane and Springdale Street in Clearwater.

As shown above, the Ingram Mac11 (officially known as the "Military Armament Corporation Model 11") has a very high rate of fire: about 1,000 rounds a minute -- allowing a 32 round magazine to be emptied in just a few seconds.

Continue reading "CLEARWATER: "Da Hood Gone Wild" Creator Sentenced to Life in Prison for Fatal Shooting" »