Tampa Bay Criminal Defense Lawyer Blog

A high-profile DUI Manslaughter case from St. Petersburg has put the malt beverage, Four Loko, under the radar and created a national "buzz" about the new drink's popularity.

Demetrius Jordan, 20, has told officers that he drank Four Loko (in addition to consuming other liquor and smoking marijuana) prior to getting behind the wheel and causing a fatal crash that killed four (4) people. Four Loko is popular with young people because it combines 12 percent alcohol with caffeine.

According to a recent story in the Tampa Tribune, the beverage comes in a variety of flavors and has been the subject of controversy because some believe its makers are targeting teens. U.S. Sen. Chuck Schumer, D-N.Y., wants the Federal Trade Commission to investigate. He said Four Loko looks like Monster energy drinks, which do not contain alcohol.

When shown a can of Four Loko in its grape flavor, St. Petersburg registered dietitian and nutritionist Lea Russell called it "scary stuff." She said the can looks like it appeals to kids.

"It's definitely going to put you on a total high. I mean, we already know what caffeine does to people," Russell said. "And so it's going to keep you awake and allow you to keep drinking alcohol because alcohol is a depressant and now it's giving you the caffeine so you can drink more alcohol."

The crash at Dr. Martin Luther King Jr. Street and 22nd Avenue North in St. Petersburg killed Elroy McConnell II and his three (3) adult sons, Elroy McConnell III, Kelly McConnell and Nathan McConnell. All four (4) victims were from Orlando.

Four Loko is manufactured in Milwaukee by the Drink Four Brewing Company. Company executives have heard about the St. Petersburg wreck and the statements by the suspect about their product.

"We are deeply saddened by this horrific tragedy," said Chris Hunter, managing partner with Phusion Projects, the company that makes and distributes Four Loko. "Our thoughts are with the McConnell family during this difficult time."

Every once in awhile, the local media publishes a story that is so "right-on-point," that I'd rather cut-and-paste the entire story and quote to it (rather than provide commentary about it). In this case, I caught an early glimpse this evening of an article in tomorrow's St. Pete Times, written by Sue Carlton.

The following has been cut and pasted from the online version of tomorrow's SPT article:

Consider two criminal cases, alike and not so much, at least when it comes to doling out the law in equal measure.

In 2004 it was Jennifer Porter, a Hillsborough teacher who hit four children crossing a dark street and drove away. Two were killed, and two were seriously hurt. For the crime of Leaving the Scene of an Accident Involving Death, Porter faced up to 15 years in prison.

Today, a 21-year-old Tampa woman named Amanda Bentz faces the charge of Leaving the Scene of a Crash Involving Death. Investigators say one night in March, she hit a man who had a blood alcohol level of 0.35 and drove away. Like Porter before her, she would likely not have been charged had she only stayed.

But Bentz faces twice the sentence Porter did -- up to 30 years in prison. She would face half that had she been charged with DUI Manslaughter, and how does that make sense?

One more difference between the two cases, and it's a biggie: Amanda Bentz went back to the scene of the crash.

In the infamous Porter case, it's hard to forget the ugly details of her father washing the blood from her car and Porter returning to work the next day.

Bentz drove away, too. She made calls on her cell phone. And about an hour after the crash, she came back with her father and, investigators said, cooperated fully.

But by law, coming back later doesn't matter. If someone is injured or dying or even dead, you stop, you help, you answer questions for police. Of course you do these things.

But shouldn't the fact that Bentz returned be taken into consideration? Shouldn't coming back in a reasonable period of time -- "reasonable" being one of those law words for judges and juries to puzzle over -- mean a lesser but still serious charge?

Might it even encourage those who panic -- like Porter, like Bentz -- to finally do the right thing?

Now, about why Bentz faces twice the time. In recent years, lawmakers bumped Leaving the Scene of an Accident Involving Death from a second, to a first-degree felony, punishable by up to 30 years -- 15 more than DUI Manslaughter. Sometimes when lawmakers "fix" what they see as a weakness -- or if you are cynical, when they beat their chests -- quirks can happen.

So what about Amanda Bentz? As a practical matter, like Porter before her -- and like Jordan Valdez, a Tampa high schooler who drove off after fatally hitting a homeless woman -- she will not likely see jail. She was not drinking. She is not accused of causing the accident. She came back.

We elect our prosecutors and judges to handle the nuances of such complex cases, to take into account what she did and did not do, to consider that the mother of Billy Ivy, the man who died that night, said she wants Bentz to understand what she did but does not want prison.

An issue may be whether Bentz spends her life with a formal finding of guilt on her record, "adjudication," as it's called. Valdez, sentenced in the Juvenile system, was not adjudicated guilty.

But here is another of those quirks: Because the crime is a First-Degree Felony, Bentz may not be able to avoid that record.

There is a lessen in these cases: You stop and you try to help, because it's the right thing and also the law.

But that law should be the same for everyone, and that law should note for the record: Amanda Bentz came back.

By Sue Carlton

After almost one (1) year, police have arrested a St. Petersburg man they say is responsible for a crash that killed a 60-year-old Clearwater man in Pinellas Park last summer.

Anthony Bernard Peterson, 22, of 3627 27th Avenue South, was arrested Friday afternoon on charges of Vehicular Homicide, Leaving the Scene of a Crash involving Death and Driving With License Suspended or Revoked (DWLSR).

According to a recent St. Pete Times storuy, police had been searching for him for more than a month and believed he was hiding out in his neighborhood.

According to the Pinellas Park Police Department, Peterson was involved in a hit-and-run crash at about 2:18 a.m. Aug. 24 at the intersection of 49th Street and Park Boulevard.

Hours after the accident, Peterson was found at a Manatee County hospital with a broken leg. He admitted to driving a rented Chrysler 300 that blew through a red light and hit a 2001 Toyota, police said.

William Trotter, who was driving the Toyota, died en route to the hospital.

Peterson told police he and his family had been at a birthday party at the Bottom's Up Gentleman's Club earlier that night when a shooting occurred in the parking lot.

Peterson said he and his friends quickly left, then panicked after getting into the crash with Trotter, police said.

Peterson was in the Pinellas County Jail Saturday night in lieu of $102,500 bail.

Continue reading "PINELLAS PARK: Fatal Hit and Run Driver Arrested" »

Sometimes, good police work requires that you get down and dirty.

Earlier this week, in Weymouth, Massachusetts, Rene Valencia, a 24-year-old entrepreneur (i.e., "drug dealer") charged with Attempting to Sell Heroin and Cocaine near Weston Park allegedly swallowed his drugs rather than face the consequences of getting caught red-handed. However, the police in this small northeastern town (known for being the home of the world's busiest Dunkin' Donuts) one-up'd the hungry suspect when they obtained a Search Warrant for his bowel movements!! How's that taste, Mr. Valencia?

"He did not think that the detectives would go through the difficulty of getting a search warrant to retrieve the drugs from his bowel movement," Lt. Rick Fuller said on Feb. 3. "He was wrong."

Fuller said that detectives recovered seven (7) bags of heroin, eleven (11) bags of cocaine, and two (2) bags of crack cocaine from Rene Valencia, following a surveillance operation on Washington Street in Weymouth.

Valencia was arraigned in Quincy District Court on Feb. 3rd for Possession of Heroin with Intent to Sell, Possession of Cocaine with Intent to Sell, Conspiracy to Violate Massachusett's drug laws, and committing drug violations near a park.

According to Lt. Fuller, Valencia arrived near Weston Park to sell the drugs at 11:50 a.m., when undercover detectives approached him. "Upon approaching his vehicle, the suspected drug dealer began swallowing several small bags of drugs," Fuller said.

Detectives arrested Valencia and took him to South Shore Hospital where the drug contents were recovered.

Valencia later told the detectives that he has swallowed drugs on many occasions when pulled over by the police. According to police, this case shows the extent that drug dealers will go to not get caught. It also shows the extent that creative police officers will go to in order to make a case against them.

Continue reading "WEYMOUTH, MASSACHUSETTS: Search Warrant Obtained for Drug Dealer's Bowel Movements" »

A 20-year-old St. Petersburg man was sentenced to three-and-a-half (3 1/2) years in prison after pleading guilty to a charge stemming from a fatal wreck that killed two (2) people - his 23-year-old cousin, who was a passenger in his car, and a 59-year-old woman, who was a passenger in the other car. For the complete story, check out the TBO.com story.

Joshua Malone's prison term will be followed by twenty-four (24) months of community control (aka: "house arrest").

Last December, Joshua Malone pleaded guilty to Driving a Motor Vehicle Without a License - Involving Death. Earlier this week, he was sentenced at the Pinellas County Criminal Justice Center.

An unrelated case involving the Sale and Possession of Cocaine was also resolved and included in Malone's 42-month prison sentence.

Malone, who was only eighteen (18) years-old at the time of the Feb. 9, 2008 wreck, was sentenced as a "Youthful Offender," which limited/reduced his maximum exposure to six (6) years in prison.

According to the Pinellas County Sheriff's Office (PCSO), Malone was driving a Ford Focus east on the Treasure Island Causeway when a Lexus turned in front of him to go south on Paradise Boulevard. Malone's Ford Focus T-boned the Lexus.

Because Malone was under 21-years of age at the time of his Sentencing Hearing, along with the fact that he had never been previously sentenced as a "Youthful Offender," it was within the Court's discretion to "depart" from the sentencing guidelines.

Continue reading "PINELLAS COUNTY: "Youthful Offender" Sentence for 20-Year Old Involved in Fatal Car Wreck" »

A story in this morning's St. Pete Times about the "SCRAM" monitor caught my attention:

For a solid year, Stephen Hulgin knew he could not sneak a drink without getting locked up.

The reason was strapped around his ankle: an alcohol monitoring device he wore 24 hours a day, as part of his sentence for a Driving Under the Influence (DUI) conviction. If he took a drink, the device would know it.

"I knew it was there; I knew I couldn't beat it," Hulgin said. And he knew what the judge had told him: One more drink and "I go to prison for four (4) years."

Hulgin, 44, who lives in a Clearwater rehab center and has a paving company, recently had his electronic monitor removed after an alcohol-free year. He says the device helped him and was a "big component of me getting out of jail."

It also is becoming part of the anti-alcohol strategy for the criminal justice system in the Tampa Bay area. Judges are increasingly requiring monitoring devices for Defendants who need to prove they're not drinking.

"I think it can be a very effective tool in protecting the public," said Pinellas County Judge Donald E. Horrox, who has ordered Defendants to wear them.

Week after week, judges sentence people for Driving Under the Influence (DUI) and other alcohol-related offenses. While some get jail time, probation usually follows. Others are released on bail as they await their trial.

Judges almost always order these people to stop drinking alcohol while they are on probation or awaiting their trial. But how do you make sure someone doesn't drink?

There are ways, such as random urine samples, mandatory AA meetings, and visits to probation officers -- all with the threat of more jail time looming overhead.

But it can still be possible to cheat, partly because traces of alcohol disappear from the body more quickly than other drugs. Alcohol monitors are designed to take away that possibility.

The Secure Continuous Remote Alcohol Monitor, or "SCRAM" brand alcohol bracelet, which has been used in Pinellas, Hillsborough and Pasco counties, is strapped to a Defendant's leg above his or her ankle and can be hidden under a pants cuff.

It samples sweat on the skin every thirty (30) minutes, and detects the presence of alcohol. It records the data and sends results back to a central computer and, eventually, on to the court system.

"It's a Breathalyzer for your ankle," said Kathleen Brown, spokeswoman for the Denver-based company that makes them, Alcohol Monitoring Systems.

It also contains anti-tampering technology designed to detect when someone is trying to fool the device -- such as the person who wedged a piece of baloney in between his ankle and the bracelet. (Baloney may feel roughly like skin, but it's cold and doesn't sweat.)

About fifty (50) of the SCRAM bracelets are in use at any one time in the Tampa Bay area, said local representative and bail bondsman Frank Kopczynski. More than 10,000 are in use nationwide, Brown said.

Pinellas County Judge Paul Levine said he became intrigued with the alcohol bracelets when he realized they provide a good way to continuously check on serious alcohol offenders, such as repeat drunken drivers. They're also good for Domestic Violence offenders who get violent when drunk; take away the alcohol, and you often take away the violence, he said.

But over time, he said he heard from Defendants who say "they can't believe they actually went ninety (90) days without drinking, and it helps their recovery."

"It's a tool now to help break the cycle of drinking," he said.

Hulgin agrees. He said when he was sentenced in Pasco County to wear the bracelet for a full year, the judge told him "If I drank, I'd be in prison. He made sure I understood that if I failed ... I'm going away."

He wore it 24 hours a day, even in the shower. After about three (3) sober months, he said he felt his alcohol cravings subside. Now that he is off the bracelet, he is optimistic that he will also be able to stay off alcohol, with help from his family and the Christian recovery center where he lives, called Center of Hope.

"It helped me," Hulgin said. And he added, "it's nice to be able to prove to the Court system and society that I haven't drank a drop."

But he does have a reason to be happy to get off of it. It costs $10 a day, and he's the one who had to pay it.

That $300 a month is a burden that not everyone can afford. But Kopczynski, the Tampa Bay representative for SCRAM monitors, said $10 a day is less than some people spend at bars. He also has a question for people who have been released from jail but are complaining about the cost of the bracelet:

"How much money are you making in jail?"

Continue reading "TAMPA BAY: "SCRAM" Monitor Usage on the Rise" »

As we enter another Holiday Season, the SLAVIN LAW FIRM would like to wish you and yours a Happy and Safe Holiday weekend.

With the support of all of our friends, family and clients, 2009 was another excellent year for the SLAVIN LAW FIRM. 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 SLAVIN LAW FIRM 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 SLAVIN LAW FIRM to protect your rights and to handle your important criminal and/or traffic-related matters.

On behalf of the entire SLAVIN LAW FIRM team, have a Happy, Healthy and Safe Holiday Season.

Continue reading "CLEARWATER: Happy Holidays from the Slavin Law Firm" »

A woman who drove her car into her neighbor's house was charged with Driving Under the Influence (DUI) yesterday.

Gail Ann Kay, 54, was driving her 2008 Jeep SUV when she crashed through a house wall at 9:36 p.m. Wednesday, according to the St. Petersburg Police Department. She left a 4-foot square hole in the house at 134 Aranda Street N.E. Fortunately, no one was injured.

Kay tried to drive away, but a witness saw her car and called the police (who pulled her over a short time later). To no one's surprise, the front of her car appeared damaged (I'm guessing with a nice paint transfer off of the house that she drove into).

Kay refused a Breathalyzer test as well as standard "field-sobriety tests." However, the St. Pete Police Department indicated in their report that she had "slurred speech, a blank expression, and bloodshot and watery eyes" (I feel like I've read that before.... oh yeah, that's what every DUI police report says).

Kay is facing charges of Leaving the Scene of an Accident Involving Property Damage and Driving Under the Influence.

Continue reading "ST. PETERSBURG: DUI Charge For Lady Who Crashed Into Snell Island Home" »

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" »

Jordan Valdez, the Davis Island teenager who was charged with Leaving the Scene of an Accident Involving Death, is expected to plead guilty and be sentenced on November 24th. For those unfamiliar with this case, Valdez, who was 16-years-old at the time, was involved in a fatal crash on February 8th, killing a homeless woman as she crossed Hyde Park Avenue near the Davis Island bridge. The victim, Melissa Sjostrom, 33, died as a result of injuries sustained in the accident.

In what has become both a newsworthy and controversial case in the Tampa Bay area, Valdez has been charged (as an adult) with a First Degree Felony which carries up to a maximum of thirty (30) years in prison. However, authorities with the Hillsborough County State Attorneys Office have already indicated that they will not be seeking prison time or a conviction. For the complete story, please read today's St. Pete Times article.

It only takes a quick look at the 256 online "comments" that follow a previous St. Pete Times article, that was published on May 19, 2009, to get the feeling that this case has upset many in the Tampa Bay community. Initially, Valdez was cited for Careless Driving, a non-criminal traffic infraction that is usually punishable by a small fine. Adding further insult to injury, that Careless Driving citation was dismissed in a Tampa traffic court (without anyone from Sjostrom's family present -- despite a written request from the family to continue the matter so the family could travel down from Kentucky) by Hillsborough County Court Judge Joelle Ober.

After the St. Pete Times went public with the story, and following the public backlash that the story created, the Tampa Police Department "re-opened" and "re-investigated" the case. And, after doing a much more thorough job the second time around, the Tampa Police Department finally built a solid case for prosecutors to bring to Court. Eventually, Valdez was arrested and charged as an adult with Leaving the Scene of an Accident Involving Death.

Continue reading "TAMPA: Davis Island Teen to Plead Guilty to Leaving the Scene of an Accident Involving Death" »

In one of the biggest jury verdicts of its kind, a Hernando County jury awarded more than $330 million in civil damages today to the mother of a 13-year-old girl that was killed by a drunk driver in April 2007. For the complete story, check out today's St. Pete Times article.

In an effort to send a message to future drunk drivers, Angela Stone filed a civil lawsuit against Christopher Marcone for his role in a fatal crash that occurred on the night of April 12, 2007, when Shelby Taylor Hagman was riding in a minivan with her grandparents. According to authorities, Marcone's Dodge pickup truck ran a stop sign in a residential neighborhood in eastern Hernando County and plowed directly into the right side of the minivan. Shelby died the next day from injuries sustained in the crash.

Marcone's blood alcohol level (calculator) was .207, more than twice the level at which a driver is presumed to be impaired. Marcone, 27, is currently serving a 13-year prison sentence after pleading guilty to DUI Manslaughter and three related charges in the death of Shelby Taylor Hagman.

To view Marcone's Florida Department of Corrections Inmate Population Page, please click here.

Continue reading "BROOKSVILLE: Hernando County Jury Returns $330 Million Verdict for Teen Killed in DUI Manslaughter" »

Three Pasco County deputies came to court in New Port Richey this week to testify that they each saw Robert Corbin, 55, fall off his Harley-Davidson motorcycle and flee the scene -- leaving the motorcycle on its side, running, with the key still in the ignition.

That testimony, however, was contradicted by an expert witness during Corbin's DUI trial. Ken Wood, a Harley-Davidson salesman, told the St. Pete Times on Friday that "if the bike leans over for more than 45 degrees for one second, it shuts off." And just like that, after only a few minutes of deliberations Monday afternoon, a Pasco County jury found Corbin Not Guilty of Driving Under the Influence.

For the complete story, check out Saturday's St. Pete Times article.

Apparently, none of the three Pasco County deputies were aware of the bike's safety feature which Harley-Davidson made standard in 2003. The deputies also indicated that Corbin "had glassy eyes, slurred speach and reeked of alcohol." Corbin also admitted to drinking beers and not having a valid license because it was suspended after a prior DUI.

In fact, Corbin's Florida driver's license was revoked back in January for having four or more DUI's.

Continue reading "NEW PORT RICHEY: Motorcycle Expert Helps Aquit Pasco County Biker of DUI" »

On April 20th of this year, Andrew Hall of Safety Harbor was standing on the sidewalk outside of his Main Street apartment when he was struck by a vehicle which took his leg. Five months later, an arrest has been made in the case.

Joshua Dean West, 24, was arrested under the authority of a Pinellas County warrant and was transferred to the Pinellas County Jail from the Putnam Correctional Institution, where he was being held on a Violation of Probation on previous Drug Offenses.

West has been charged with DUI Causing Serious Bodily Injury, Leaving the Scene of an Accident Involving Serious Bodily Injury or Death and driving with No Valid Drivers License while Causing Serious Bodily Injury.

After a lengthy investigation, dectectives determined that Joshua Dean West was behind the wheel of the Honda Accord that slammed into Andrew Hall apporoximately five months ago. Their investigation was made more difficult by the fact that neither West nor his passenger that day, Douglas Ziegler, would confirm for investigators who was driving that morning.

Continue reading "LARGO: Arrest Made in April Crash that Took Victim's Leg" »

Another sad Traffic Fatality case unfolded this week in Judge Thane Covert's Pinellas County courtroom. Agustin Palma Trejo, who was 18-years old at the time of the accident, was driving a trackhoe the wrong way on U.S. 19. In an unfortunate twist of fate, Donald Cochran was on his way to Biff Burger, on April 21, 2007, when his truck swerved and struck the large construction trackhoe that Palma Trejo was operating. For the complete story, check out the article in today's St. Pete Times.

This case is a bit unusual for several reasons. To begin with, Palma Trejo was charged with Manslaughter, not DUI Manslaugher. Secondly, both the State Attorney's Office and Palma Trejo's attorney agreed that the trackhoe was only traveling at the rate of 4 mph. However, the State and the defense disagreed on whether the trackoe's lights were on and whether Palma Trejo was properly trained to operate the large piece of machinery.

Last month, Palma Trejo entered an "open plea," meaning that he did not have a plea agreement with the State Attorney's Office. After entering an "open plea," the Judge can sentence a Defendant to any legal sentence (i.e., up to the maximum sentence allowed by law or something less than what the sentencing guidelines would normally call for). In Palma Trejo's case, he could have received 15 years in prison on the Manslaughter charge, which is a Second Degree Felony.

At his sentencing hearing earlier this week, Palma Trejo pleaded to the judge for leniency. With the assistance of a court translator, he stated "I only want to ask the family for foregiveness... I know what it is like to lose a father."

Because Palma Trejo was under 21 years of age, his attorney was asking the Court to sentence him as a "Youthful Offender," which would have allowed Judge Covert to sentence him below the recommended guideline sentence (to include any form of community supervision such as community control or probation).

Continue reading "LARGO: Construction Worker Sentenced to Six Years for Fatal Trackhoe Accident" »

An interesting story in today's St. Pete Times highlights the life, or lack thereof, of Teddy Braden, the former gang member turned blogger that blogs from the Pinellas County Jail.

Braden, who is in the Pinellas County Jail on Drug Charges, blogs with the help of his mother -- who takes his notes and letters and posts them online at: teeninjail.blogspot.com

Braden, who was arrested for the first time at age 13, has a Juvenile record consisting of various Drug Charges and a Residential Burglary. As an adult, he has been locked up for doing drugs, selling drugs, Grand Theft, Burglary and now Drug Trafficking.

In one of Braden's blog posts he states that "One of my biggest regrets is joining a gang." The quote sits below a picture of Braden, wearing a red t-shirt, hat and bandana, while throwing up a "B" (a noted gang hand sign for the Bloods). However, something about this photo tells me that Braden would not survive, on the streets, for very long.

Continue reading "CLEARWATER: 20-Year Old Pinellas County Jail Inmate / Blogger" »