Crimes of Violence

January 5, 2011

ST. PETE: Guilty Plea from Driver in Paris Whitehead-Hamilton Shooting

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..

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.
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December 28, 2010

MIAMI: Florida International University Baseball Star, Garrett Wittels, Faces Rape Charge

by Blake & Dorsten, P.A.

According to a story on ESPN.com, a Florida International University (FIU) baseball player with a record-setting 56-game hitting streak has been charged with Rape in the Bahamas, court officials in the islands’ capital said Monday.

Garrett Wittels is accused of raping a 17-year-old teenage tourist on December 20th while on a visit to the archipelago east of Florida. The 20-year-old infielder ended last season with the second-longest hitting streak in NCAA Division I history, two behind the 58-game run by former Oklahoma State star and Major Leaguer, Robin Ventura, in 1987..
Two (2) of Wittels’ friends also face Rape Charges, officials said.

Robert Rothschild, 21, of New York, was accused of raping two 17-year-old girls, while Jonathan Oberti, 21, also of New York, was charged with raping one, according to Bahamian court officials.

Chief Magistrate Roger Gomez granted Wittels and the two others $10,000 Bail at their Thursday arraignment in Nassau. The U.S. suspects were not required to enter pleas and returned to the United States.

It is unclear how, or if, the charge would affect Wittels’ status with the FIU program. FIU begins its baseball season February 18th and its first three (3) games are set to be televised while Wittels continues his chase of Ventura’s record.

Magistrate Derence Rolle-Davis will begin a preliminary inquiry on April 18th to determine if there is enough evidence for the case to go to Trial. By then, FIU’s season will be more than half over.

Wittels, who set school and Sun Belt Conference records with his streak in 2010, did not respond to a message seeking comment sent to his Facebook account. He posted congratulatory messages on his Twitter feed Sunday night after FIU’s football team beat Toledo to win the Little Caesars Bowl in Detroit — the first bowl win for the Golden Panthers’ football program — but no mention of the legal matters.

Wittels tweeted on Dec. 18 that he was going to the Atlantis Resort in the Bahamas for several days.Wittels’ father, an orthopedist, told The Miami Herald that his son would be vindicated. He said his son was “devastated” by the allegations.

“Anyone can accuse anyone of anything at any time,” Michael Wittels told the Miami newspaper during a Monday morning phone interview. “He’s not doing well, obviously. He’s blown away. He’s devastated that someone would accuse him of this.”

Michael Wittels, whose telephone appeared to be disconnected later Monday, told the newspaper that his son and his friends met the two girls at a casino and they later went to a private party. The girls apparently described themselves as students at the University of Arkansas, he said.

In the Bahamas, the maximum penalty for a first-time rape offender is seven (7) years in prison.
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December 24, 2010

CLEARWATER: Happy Holidays from the Blake & Dorsten, P.A.

by Blake & Dorsten, P.A.

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.
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December 8, 2010

ST. PETERSBURG: Woman Stabs Man Over Which TV Show to Watch

by Blake & Dorsten, P.A.

St. Petersburg police say a woman stabbed a man after an argument over which TV program to watch Monday night.According to the police department, Delois Holley went to David Richard Marion’s apartment to watch The Closer, but he wanted to watch Monday Night Football. In retrospect, I would have killed to not have watched my beloved New York Jets get run by the New England Patriots.They then got into argument over money and Marion told her to leave his apartment. Police said Holley then stabbed Marion multiple times before going back to her apartment, where she was arrested for Attempted Second Degree Murder. She is currently being held in the Pinellas County Jail on a $75,000 bond.

Marion was taken to Bayfront Medical Center as a trauma alert
The incident took place at the Arlington Apartments.

December 2, 2010

TAMPA: Dog Fighting Trial in the Hands of a Hillsborough County Jury

by Blake & Dorsten, P.A.

According to a story in today’s St. Pete Times, six (6) jurors deliberated for more than two (2) hours Wednesday afternoon but went home for the evening before deciding whether 49-year-old Maurice Bayless bred and trained pit bulls to fight.

To me, the first thing that came to mind after reading this story was NFL quarterback Michael Vick and his involvement in a similar dog fighting ring that landed him in a Federal prison in Leavenworth, Kansas for almost two (2) years.A Tampa jury will continue to deliberate today and possibly decide Bayless’ fate.

For two (2) days, this Tampa jury looked at photos of filthy, chained and wounded pit bulls. Eight (8) puppies and ten (10) adult dogs were seized from his home. All older dogs were deemed too aggressive for adoption and were euthanized.

On a video, jurors saw one lunging at another and a man saying, “Go get him.”

Assistant State Attorney Natalia Silver told them that man was Bayless, and that he exercised his pit bulls to exhaustion in hopes of making them champions, pumped them with nutrients and drugs to make them strong, and forced them to breed so he could sell future fighters.

Defense attorney Mark Rodriguez, however, told them prosecutors did not prove any of it — not that the dogs were wounded while in Bayless’ care, not that the puppies were products of a champion fighting bloodline.

“The state can’t prove a thing that Mr. Bayless did or did not do with any of the animals that were found on his property,” he said.

Evidence the state presented as proof of dogfighting was, on its own, legal. But it was the state’s burden to prove Bayless’ intent to use it illegally.

Jurors saw weighted collars prosecutors said were used in rigorous training regimens and surgical tools they said Bayless used to stitch up dogs after fights.Could the collars have been used to tire and calm aggressive dogs? The tools used to legally clip dogs’ ears? Rodriguez, as defense attorneys always do, tried to cast reasonable doubt on the State’s case.

In another interesting part of the trial, jurors saw a tattoo on Bayless’ arm depicting a dog and the words, “scratch to win.”

A lottery reference, the defense attorney posed.

Marine lingo, Bayless’ twin brother, Michael, said.

Jurors saw blood sport magazines and records of fights. Rodriguez noted some of it was a decade old and said it was just “ancient history” strewn about a messy house.

But Silver responded, “We covet what we keep, and that is what this is about.”

“Yeah, it started a long time ago,” she said. “But there is no evidence that it ever stopped.”

Regardless of whether Bayless if found Guilty of these charges, what is plainly clear is that these dogs suffered. And, as a dog lover, that’s a shame.
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November 24, 2010

TAMPA: Will Jogger that Shot Teenager Claim Self Defense?

by Blake & Dorsten, P.A.

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.
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October 25, 2010

ST. PETERSBURG: “Hiccup Girl” Denied Bond on Her First Degree Murder Charge

by Blake & Dorsten, P.A.

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.

October 14, 2010

PASCO COUNTY: Naked Man Arrested After Passing Out in Woman’s Home After Consuming Too Much ‘Four Loko’

by Blake & Dorsten, P.A.

According to a story in the St. Pete Times “Bizarre Florida” online section, a Pasco woman arrived home at 1:00 a.m. Wednesday to find a strange man naked, bloody and passed out on her sofa.

Vickie Bankowski, 56, slipped outside with one of her dogs and called 911. A second dog is still missing.

Justin Barker, 21, of Hudson was arrested and charged with two (2) counts of Residential Burglary for entering two (2) different homes.Barker says he had consumed the caffeinated alcoholic drink “Four Loko.” Officers say he also smashed through the sliding glass door of a 70-year-old woman’s home.For another interesting story on the effects of “Four Loko,” please check out the Tampa Bay Criminal Defense Lawyer Blog‘s August 3, 2010 posting entitled: “ST. PETE: Malt Beverage, Four Loko, Under Radar After Recent Traffic Fatalities“

September 15, 2010

GAINESVILLE: Gators WR Chris Rainey Arrested for Aggravated Stalking

by Blake & Dorsten, P.A.

According to ESPN.com, Florida wide receiver Chris Rainey was arrested Tuesday for Aggravated Stalking, a Third-Degree Felony (punishable by up to five (5) years in prison), for allegedly sending a former girlfriend a threatening text message.The school did not announce any disciplinary action against the 5-foot-9 Junior, but offensive coordinator Steve Addazio said, “Chris Rainey is not a part of our team right now. That’s really all I have to say on that.”

Florida coach Urban Meyer met with reporters on Wednesday and said, “There will be further evaluation as we go. The immediacy of it is that he’s not with our team.”

Meyer would not speculate how long Rainey would be out. Rainey was released from the Alachua County Jail on his own recognizance (ROR) and ordered to have no contact with the alleged victim.

The alleged victim also was in Court with her mother and sister. The woman told Judge Denise R. Ferrero she does not fear Rainey but was concerned about retribution from the public following all the media attention.

She also asked for the charges to be dropped. However, in the State of Florida, Domestic Violence charges can be filed by the State Attorney’s Office even if the victim is uncooperative or does not want to prosecute. Florida has what’s known as a “pro-prosecution” domestic violence policy.

“I did not want to have him arrested,” she said. “When the police came, I signed papers to not press any charges. I don’t fear for my safety. … People all over the country have been calling my cell phone. I’m not afraid of him. I’m more afraid of all the repercussions.”

According to the Gainesville Police Department, Rainey sent the woman he dated on-and-off the last three (3) years a text message that read: “Time to die, bitch” after leaving her home.Officer Jesse Bostick said the woman fell asleep and missed a call from Rainey. Rainey then went to her home, they talked and she told him to leave. According to Bostick, the woman got the text a short time later and called police.

Rainey’s attorney, Huntley Johnson, told The Associated Press that his client was “overcharged by the arresting agency.”

“My early sense is this will be something less than a Third Fegree Felony,” Johnson said. “I think this will turn out to be what I think this is, which is something minor. I don’t think that the [state] statute was intended for this kind of thing.”

I tend to agree with Rainey’s attorney about this charge. “Aggravated Stalking” would require conduct on Rainey’s part that was willful, malicious and repeated. In my opinion, one text message, even of this nature, falls short of this Felony offense.

Johnson called Rainey a “terrific kid who works his rear end off” in the classroom and on the football field and added that he hopes Rainey will be reinstated this season.

“I think this is something that will pass,” Johnson said. “He never intended for this to happen nor would he ever hurt this woman. He cares deeply about this woman. He didn’t handle it like he should have. He knows that. Hopefully this will end up being a bump in the road.”

Florida will likely be without Rainey at Tennessee on Saturday. State Attorney Bill Cervone told Florida Today that no decisions on the case will be made this week.

Rainey, from nearby Lakeland, Florida has six (6) receptions and a touchdown this season. He’s also the team’s primary punt returner. He missed the second half of Saturday’s game against South Florida (USF) with a concussion.

Rainey also missed practice Monday.

Meyer has suspended other players, including defensive end Carlos Dunlap last season and receiver Frankie Hammond Jr. this summer, immediately following arrests. Rainey is the 27th player arrested during Meyer’s six (6) seasons in Gainesville. And they call my school, The University of Miami, “Thug-U?”

Information from The Associated Press and ESPN.com SEC blogger Chris Low was used in this report.
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August 28, 2010

LAS VEGAS: Paris Hilton Arrested for Possession of Cocaine

by Blake & Dorsten, P.A.

LAS VEGAS – According to a breaking story released by the Associated Press, Paris Hilton was arrested on the Las Vegas Strip late Friday night after police saw a cloud of Marijuana smoke wafting from the windows of a black Cadillac Escalade driven by her boyfriend, then found a small amount of Cocaine in her possession.A crowd quickly gathered near the stop on Las Vegas Boulevard near the Wynn Las Vegas resort at about 11:30 p.m. PDT Friday, and Hilton was taken into the hotel “to keep her safe” during the initial investigation, police said.The 29-year-old socialite and her boyfriend Cy Waits were booked into the Clark County jail, police said. Watch commander Lt. Wayne Holman said Hilton was released early Saturday morning.

Officer Marcus Martin said police found that Hilton had a substance that tests later showed to be Cocaine, but did not say how much of the drug was found. She was arrested on a Possession of Cocaine charge.

Jail records showed that Waits, 34, remained held pending a court appearance on a charge of Driving Under the Influence (DUI) of alcohol or drugs. Hilton’s court date was not immediately available.

The arrest came during a week in which a Burglary attempt was made on Hilton’s Los Angeles home.

Officials said 31-year-old Nathan Lee Parada faces a Felony Burglary charge in the Tuesday incident.Authorities have said that someone carrying two big knives banged on Hilton’s window. She posted a photo of the arrest on Twitter and described it as “scary.”

Hilton was arrested this summer after the Brazil-Netherlands World Cup match in Port Elizabeth, South Africa, on suspicion of Possession of Marijuana. The case was then dropped at a midnight court hearing.

Hilton pleaded “no contest” in 2007 to alcohol-related Reckless Driving and was sentenced to 45 days in jail. After spending about 23 days in jail, Hilton told CNN host Larry King that the experience caused her to re-evaluate the role partying played in her life. She said she wanted “to help raise money for kids and for breast cancer and multiple sclerosis.”Which, I’m sure, is what she was doing last night on the Vegas strip….
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