Articles Posted in Crimes of Violence

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According to a humorous story in today’s St. Petersburg Times, a St. Pete resident, who was arrested on charges of Felony Battery and DUI early Friday morning, made the following last-ditch offer to the cops on his way to the Pinellas County Jail (otherwise known as the “Sheriff Coats Motel”):

He would give the arresting officer $300 to let the whole thing slide? According to St. Petersburg Police Department, Philip Charles Wood’s “offer” was not only rejected, but earned him an additional Felony charge of Bribery.According to police, Wood was first accused of Assaulting a man about 3:00 a.m. at 233 Central Avenue in downtown St. Pete. After that, officers noticed Wood driving by the scene of the assault and pulled his vehicle over.

The victim of the assault later identified Wood. Officers also determined that Wood was Driving Under the Influence, according to his arrest report. Wood, however, refused to take a breath test or do field sobriety exercises (what’s known in the business as a “double refusal”).

Following his refusal to submit to FSE’s or a breath test, Wood was placed under arrest for DUI. Later that morning, around 4:40 a.m., as a transport officer drove him to the Pinellas County Jail (PCJ), Wood offered a $300 bribe to let him go and “drop the charges.”Let’s just say, in a nutshell, that did not work!

In the State of Florida, law enforcement agencies can charge suspects for the time their officers spend investigating them. This is usually done at Sentencing when the State Attorney’s Office requests “Investigative Costs” as part of an individual’s sentence.

According to Wood’s arrest report, two (2) St. Petersburg Police Department officers spent five (5) hours total on his case at their standard rate of $25 an hour, for a total of $125. Apparently, in Wood’s intoxicated condition, he used this amount to calculate the amount of his alleged bribe.

“[The] Defendant stated that I would only be getting $125 for Investigative Costs anyways,” the officer wrote in a report, “so he would make it $300.”

According to the St. Pete Times, Wood should have saved his money. If convicted, he’ll be responsible for paying that $125 in Investigative Costs, as well as the standard Fines and Court Costs that will be assessed in court.

Assuming this is Wood’s first DUI, he’ll be looking at over $1,000 in Fines and Costs (not including the price of an attorney, DUI School, an Alcohol Evaluation and any recommended follow up treatment, “cost of supervision” which will be payable for Probation, etc.). As I commonly tell many of my “first time” DUI offenders, “a first time DUI is a $5,000 cab ride” by the time you pay for your attorney and all of the above-listed fees, fines and costs.

A quick look at Wood’s address on his Arrest Report shows that he lives in northeast St. Pete (which, on average, is a $20-25 cab ride). Unfortunately, as we see way too often, alcohol consumption frequently leads to poor decision making.

Wood was being held in the Pinellas County Jail Friday afternoon in lieu of a $15,250 Bond. Making matters worse, Wood was already out on Bond on Burglary charges when he was arrested. Therefore, it can be expected that the Judge and/or the State Attorney’s Office (SAO) will move to “revoke” his previously posted Bond for violating the terms of his Pretrial Release. Continue reading

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A Los Angeles Superior Court judge denied a defense motion on Monday by a “reality television star” accused of burglarizing the home of actor Orlando Bloom to have her statements to police barred from her upcoming trial.

Alexis Neiers, 18, testified that she did not understand her Miranda rights to remain silent and have an attorney present for her interviews.Neiers’ attorneys argued that she repeatedly asked for an attorney while being questioned by police at her home and at a police station after her arrest last year.

However, Judge Leslie A. Swain disagreed, saying a videotape of Neiers’ interview showed that she had ample opportunity to invoke her constitutional “right to an attorney.” The judge said the statements will be admissible during her upcoming Jury Trial, which is scheduled to begin on May 10th.

Neiers, the star of the E! Entertainment television show Pretty Wild, could face as many as six (6) years in prison if convicted of a sole count of Felony Residential Burglary.

Judge Swain said Neiers turned down plea offers that would have sent her to county jail for a year and would have required her to be on Felony Probation for several years.

“I’ve never been in that situation before,” Neiers testified about her arrest and interview by police. “For me, I didn’t really understand.”A transcript of her hour-long interview shows she did not ask for her attorney until late in the session. The transcript shows the detective then stopped questioning her.

Reader’s Note: If guilty of burglarizing a celebrity’s home, immediately ask for your attorney (do not wait until the end of the interview, after you’ve confessed to the crime, to invoke your right to counsel!)

Neiers told the judge she answered a detective’s questions “because I didn’t know any better.”

Co-Defendant Nicholas Prugo, the alleged ringleader of the group, is also seeking to have his lengthy statement to a detective ruled inadmissible.

In court filings, Prugo’s attorneys argued that his cooperation was so substantial — and detrimental to his safety — that seven (7) Felony Residential Burglary charges against him should be dropped.

The Court filings contend that prosecutors have a duty to offer Prugo a “plea deal” that would allow him to avoid jail time. They also contend Prugo only cooperated with police at the advice of his former attorney because he expected a favorable plea deal.

“A criminal case is not a Las Vegas casino and a person does not cooperate with law enforcement gambling on a result,” Prugo’s current attorney Daniel Horowitz wrote in the motion.

“I do not disagree that cooperating was the right thing to do,” Prugo himself wrote in a declaration accompanying the motion. “However, I would not have provided information and cooperation that increased the charges against me and increased my chances of being identified as a ‘snitch’ or ‘rat’ without the expectation of a fair plea agreement.”

Prugo’s Motion states the arrest of Neiers was a direct result of Prugo’s statements to police.

In a transcript of her interview with police, Neiers claimed she was drunk (Note to self: “voluntary intoxication is not a valid legal defense in the State of Florida where this author practices) when she went to the actor’s home with three (3) other people. She told a detective she didn’t take anything from the house.

Four (4) other suspects are charged in burglaries at the homes of Hollywood stars Paris Hilton, Lindsay Lohan and Rachel Bilson. Continue reading

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According to a recent story in the St. Petersburg TImes, a 15-year-old boy shoved a teacher into a doorjamb, a boy punched a 12-year-old girl because she said she didn’t like him, and a 14-year-old girl slapped and cursed at a younger classmate.

All three (3) of these incidents took place at John Hopkins Middle School, located at 701 16th Street South in St. Petersburg. Each of these three (3) incidents resulted in an arrest of the Juvenile offender.

In each case, a criminal charge was referred to the State Attorney’s Office by the St. Petersburg Police Department. And, in each of the three (3) cases, the charge was dropped by the State Attorney’s Office.These cases represent just a small fraction of the eighty-four (84) arrests made on campus from September, 2009 through February, 2010 as officers and school officials try to restore order on the often-chaotic middle school campus.

According to the St. Petersburg Police Department, these cases are indicative of a current trend: Many cases where the St. Petersburg Police Department make an arrest on a Juvenile offender are ultimately dropped (before formal charges are even filed) by the Pinellas County State Attorney’s Office.

The reasons for this current trend vary: uncooperative victims, weak cases or the school already punished the student. Even when a student is prosecuted by the State Attorney’s Office, Juvenile court judges have limited powers to remove a child from a particular school to prevent future trouble.

According to the St. Pete TImes, “[t]he juvenile system, it seems, can’t fix what ails John Hopkins” Middle School.

“Does every bump in the hallway, every word that starts flying, does it belong down here in the Juvenile justice system?” said Joe Walker, Juvenile Division Director for the Pinellas-Pasco State Attorney’s Office, “or is this something that can be handled by the family, by the school system? That’s the question.”The State Attorney’s Office won’t comment on specific criminal cases connected to disciplinary problems at John Hopkins Middle School. Furthermore, Juvenile court records are not public record.

“Every case, every one of them is different,” Walker said, “and they all have unique facts about them, and it’s our job to evaluate them to see if they can get to the level of successful prosecution.”

Walker said that school administrators have far more leeway to discipline and rein in students than the criminal justice system. “There’s a lot of remedies available to a principal,” he said.

Prosecutors, he said, have a higher burden of proof in Juvenile Court than arresting officers.

The purpose of the Juvenile justice system, in Florida at least, is to treat and rehabilitate first and punish them later — much later — if ever. And, as far as this author can tell, the Juvenile justice system is not keeping up with or sufficiently scaring the high-risk Juvenile offender.

Until the courts decide to “punish” Juvenile offenders, rather than providing them with a “slap on the wrist” and/or sending them to a Juvenile program (also known as “summer camp”), the Juvenile crime rate in the city of St. Petersburg and greater Pinellas County will continue to rise.

Until then, lock your car and make sure that you have a good alarm system in your home….
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In another “only in St. Pete type of case,” the St. Petersburg Police Department said that a St. Petersburg woman took a TV dispute too far Tuesday night when she stabbed and scalded her boyfriend over American Idol. According to the St. Pete Times, this is what happened:

Police arrested Cynthia E. Bettis-Ware, 52, on a charge of First-Degree Attempted Murder of her boyfriend Kevin Johnson, 47.It happened at 11:22 p.m. at the infamous Empress Motel, 1501 Martin Luther King St. N, which the couple listed as their “permanent address,” said police spokeswoman Jennifer Dawkins.

The couple were watching American Idol when they began arguing over something that happened on the show, Dawkins said. He changed the channel to stop the argument, Dawkins said, but she kept arguing so “he decided, ‘Well, I’ll go to bed.”’

He awoke to Bettis-Ware wielding a 10-inch butcher knife. She stabbed him five (5) times in the back and two (2) times in the chest, an arrest affidavit states. Police said she also severely burned Johnson with hot cocoa.Johnson took the knife from her and ran to the motel parking lot, Dawkins said. Bettis-Ware chased after him with another knife, she said.

Soon a crowd formed and someone called police, who arrested Bettis-Ware in her motel room. She was being held without bail in the Pinellas County jail Wednesday.

According to a report on BayNews9, Johnson is still in the hospital with non life-threatening injuries Continue reading

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Tampa Bay Buccaneers cornerback Aqib Talib has applied to enter a Pre-Trial Intervention (PTI) program as a way of resolving his misdemeanor Battery charge.The Pinellas County State Attorney’s Office is reviewing his application and should know within a few weeks if Talib will be accepted into the program.

The State’s Pre-Trial Intervention (PTI) program is usually reserved for first-time, non-violent offenders. If accepted into the State of Florida’s PTI program, Talib will most likely be ordered to attend an anger management class and/or perform some community service hours. However, if Talib successfully completes the twelve (12) month program, the State Attorney’s Office will dismiss the criminal charge against him.

Talib was arrested August 19th after the Florida Highway Patrol said he hit cab driver David Duggan in the neck and ear with a closed fist while riding from a St. Petersburg club to a Tampa hotel. For more information on this case, please check out the initial TBCDLB post from October 22, 2009.
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In another “only in Pinellas County” type of story, a McDonald’s employee who police say smashed another man in the face with a glass coffee pot was arrested late Saturday.The 6 p.m. attack in the fast food restaurant’s kitchen at 2454 McMullen Booth Road, in Safety Harbor, left Marcus Grahm with a cut under his right eye, a Pinellas County Sheriff’s deputy wrote.

Earl Cockerham, 19, was charged with Aggravated Battery just before midnight. He was promply booked into the Pinellas County Jail where he remained before he was released on his own recognizance (ROR’d). Continue reading

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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.
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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.”
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Taxpayers will foot the bill for a makeup artist to cover up some potentially offensive tattoos on the face and neck of a neo-Nazi during his First Degree Murder trial scheduled to begin next week.Attorneys for John Allen Ditullio Jr. aren’t taking any chances when it comes to the 23-year-old’s homemade tattoos inked since his arrest three (3) years ago.

“This on the side says ‘f— you’ (and) is very offensive regardless of whether he had it (at the time of the crime) or didn’t have it,” defense attorney Bjorn Brunvand argued in a Pasco County courtroom Friday.

Circuit Judge Michael Andrews said he would allow a licensed cosmetologist to be brought in an hour before each day’s proceedings to cover up Ditullio’s tattoos. Ditullio is charged with the March 23, 2006, fatal stabbing of 17-year-old Kristopher King.

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“Sexting,” the act of sending nude or semi-nude images from one’s cell phone or computer, is being cited as a major factor in the recent death of a Ruskin teenager.Thirteen (13) year-old Beth Shields Middle School student Hope Witsell ultimately took her own life when the taunting and bullying by other students became too much to handle.

According to a recent story in the St. Pete Times, Hope Witsell’s death is just the second in the nation in which a connection between “sexting” and teen suicide can be clearly drawn.According to Parry Aftab, a nationally known “cyberlawyer” who has appeared on Goodmorning America and the Today show, “This is very important, because it shows that sexting-related suicides are tracking the same way cyberbullying-related suicides are.”

A 2009 Harris online poll shows that one (1) in five (5) teens admit that they’ve sent naked pictures of themselves or others over a cell phone. But even that number may be low, according to experts.

While the details leading to Hope’s death vary, many students describe the chain of events this way: During the last week of school in June, Hope forwarded a photo of her breasts to the cell phone of Alex Eargood, a boy she liked. A rival girl, who was the girlfriend of another boy Hope liked and a friend of Alex’s, asked to borrow Alex’s phone on the bus. That girl found the image and forwarded it to other students. Within hours, the image had gone viral at both Beth Shields Middle School and Lennard High School.

Aside from the embarrassment associated with nude photos landing in the wrong hands, Florida law considers the possession or distribution of nude images of minors to be Child Pornography, a third-degree felony punishable by up to five (5) years in prison.

Unfortunately, while Hope’s death may be the first of its kind in the Tampa Bay area (and the State of Florida), it will probably not be the last. Continue reading

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