I like the movie version better…In San Francisco, three Sheriff’s office deputies are charged with running their own “Fight Club” at a jail.  They would allegedly force inmates to fight each other while law enforcement watched.

Former Officer Scott Neu and Officers Eugene Jones and Clifford Chiba are now facing various felony and misdemeanor criminal charges.  The San Francisco DA claims that the deputies forced the fight between two inmates with a weight difference of over 200 pounds on March 5 of last year.

The two inmates, R. Garcia and S. Harris were threatened with a transfer to a stricter jail unless they fought each other.  Deputies also threatened the men with beatings and mace unless they fought.  One of the inmates suffered a cracked rib and both men suffered bruises and cuts.

Scott Neu was the ringleader and also forced inmates into gambling in exchange for cleaner clothing and food.  The losers were punished by solitary confinement and extreme exercise bouts.

These crimes came to light when an inmate told his public defender about them.  An investigation revealed all of the odd details.

“We call this sort of a “Game of Thrones” gladiator fight…they were betting money on the winner” the DA said in a prepared statement.

Neu’s criminal defense attorney disagreed, saying that there was never any fight club.  Rather he claimed his client allowed two inmates to wrestle in order to settle a disagreement.

Scott Neu was charged with four counts of assault, four counts of making threats and multiple counts of inflicting cruel and unusual punishment.

Eugene Jones is charged with two counts of felony assault and Clifford Chiba was charged with one count of obstruction. Continue reading

The Smoking Gun website has a brief blurb about a wheelchair-bound lady who was one of the main heroin dealers for a Florida gang!

Sweet 74-year-old Ruth Perez-Lopez was the largest heroin dealer for a local drug ring known for selling cocaine, prescription pills and marijuana.  According to the police, the lady sold her drugs in a fortified Orlando-area house featuring reinforced doors, high tech security and plenty of firearms.

Ms. Perez-Lopez was arrested after the culmination of a year-long state and federal operation.  The name?  Operation “Deals on Wheels” of course!

Perez-Lopez was arrested for heroin trafficking and conspiracy, both of which are felonies. As of this writing she is being held in the Orange County lockup in lieu of $650,000 bond.

Police are estimating that Ruth sold two kilos of heroin per month out of the Orlando home she shared with two co-defendants.

LEGAL ANALYSIS

As mentioned before, drug trafficking carries with it a “minimum mandatory” prison sentence.  This depends on the amount of the illegal narcotics but the minimum mandatory sentence ranges between three and 25 years in prison.  A “minimum mandatory” means NO parole, time off for good behavior or good gain time.  It means the prison sentence is served straight in prison.

With minimum mandatory sentences, even the judge has no power to go below them.  Only an agreed upon departure with the state attorney can reduce this sentence.  Many times the state attorney will agree to “depart” or go below the sentencing guidelines.  There are multiple reasons why the state may choose to depart.  These reasons include the defendant cooperating with the police or state, mental health issues, drug addiction, victim requests, etc.

In this case, a possible departure from the mandatory sentence may involve the suspect’s age.  A 74-year-old facing 25 years in prison is basically looking at a life sentence.  Depending on the defendant’s prior criminal history, reasons for selling drugs and possible cooperation with the police, the state attorney may agree to reduce her prison sentence considerably. Continue reading

From the Washington Post, it looks like troubled singer Chris Brown is starting 2016 like he ended 2015…with allegations of a battery and yet another police investigation.

Talented but troubled pop/R & B singer Chris Brown is now being named a suspect of an alleged battery of a female fan in Las Vegas.  This comes right after his history of violence caused his overseas tour to be canceled along with a canceled television appearance.

In his latest incident, after Chris Brown performed in a Las Vegas nightclub, police received a call from the alleged victim.  The woman claimed that Chris stole her phone and hit her after she tried to take his picture.  By the time police arrived at the Palms Casino Resort, Brown had fled.  As of the time of this writing, he is a suspect in a misdemeanor battery and petit theft.

The singer has not commented on any allegations other then a cryptic instagram photo of himself with a caption that read “I’m going to be hella rich after all the lawsuits I file from these crazy individuals who keep lying on my name…”.

A spokeswoman for the singer has called the allegations completely false and said the alleged victim was escorted out of a private after-party for being disruptive.  Once kicked out of the party the woman began threatening people and slamming her purse to the ground.

The spokeswoman further claimed that the victim has a history of making false accusations.

As for Chris Brown, he is perhaps most well known for his beating of Rihanna, a fellow singer.  Brown pled guilty to assaulting her in 2009 and photos of her badly beaten face were all over the internet.  Despite the injuries, Brown only received probation.  He quickly violated probation by punching a man in the nose in Washington.  This led to multiple anger management programs, a few months in jail and a major lawsuit.  Not learning his lesson, Brown continued feuding with fellow singers Frank Ocean and Drake. Continue reading

17th time is not the charm for a woman as she picked up yet another DUI, what will happen to her?

In Shelbyville, Tennessee, a woman has been arrested for her 17th DUI and her 16th driving while license  suspended!

Dorothy Hanson began her DUI marathon in 1985 and it has only escalated.  She has picked up six more in the last 10 years!

A blurb from the ever popular Thesmokinggun.com website shows how one woman’s anger towards another resulted in a felony charge of aggravated stalking.  The allegations?  That she set up a fake profile of someone she knew on Plenty of Fish asking men to rape her as part of role play…

39-year-old Frances Lee Tapscott of Largo,  is in Pinellas County jail on a $10,000 bond, charged with one count of aggravated stalking.  With the help of a friend, Ms. Tapscott made a fake plenty of fish profile of a real girl, complete with her real pictures and contact information.  The victim, a 25-year-old woman, was made out in the fake profile as a woman who fantasized about rape scenarios.  Calling it role play, the fake site begged men to come over to her given address and rape her!

According to the complaint, “The fake profile contained a request for an individual to come over and rape the victim, stating that she liked to ‘role play,’”.

The Washington Times has a brief blurb on a drunk man and his 15 minutes of fame as he crashed into Rod Stewart‘s Palm Beach home’s mailbox…

A Niceville, Florida man was charged with driving under the influence with property damage after he crashed his Toyota into singer Rod Stewart’s Palm Beach home.  The only casualty was the “Do you think I’m sexy” crooner’s mailbox.

37-year-old Michael Hutson Lutz was pulled over by the Palm Beach police shortly before 8:00 p.m. when the officer noticed his vehicle weaving on the road and crossing the center lane.  As he pulled over for the police, his car struck Stewart’s mailbox along South Ocean Boulevard.  Mr. Lutz’s night only went down from there.

When asked for his driver’s license, the defendant gave the cop his credit card.  The arrest report noted that the man had bloodshot, watery eyes, a “distinct odor of alcohol on him” and spoke with a heavily slurred speech.

The officer called in the DUI squad and Michael performed and failed five separate “Field Sobriety Exercises”.  These included the “walk and turn”, “finger-to-nose” and “one leg stand”.

The impaired suspect was arrested and per the police report he made “several inappropriate statements” on the way to the police station.  He was booked in and was offered a breathalyzer.  He blew almost three times the legal limit of a .08!

As far as the innocent mailbox, the Palm Beach Police Department estimated damage in the amount of $500.  Being that Rod Stewart is worth between 25-100 million dollars (at least), it is safe to say that the mailbox will be replaced.

At the time of this writing, Michael Lutz was unavailable for comment and his criminal defense attorney declined to make a statement.  It was unclear if the defendant had any prior DUIs but his driving record showed traffic infractions for speeding, running a stop sign and others.
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Two former Tampa’s finest were arrested and charged with federal tax fraud last Wednesday and the husband and wife team are looking at serious time.

Shortly after claims that thousands of dollars in fraudulent tax refund money was used for bills, 54-year-old Eric Houston and 49-year-old LaJoyce Houston surrendered to United States Marshals.

The former Tampa police detectives were released on their own recognizance (ROR) and ordered to surrender their passports and sat in the state.

At press time they had hired federal criminal defense lawyers who had pled them not guilty.

The government claims in their indictment of the couple that there is overwhelming evidence of tax refund fraud.  They further state that this fraud is being committed by a small group of former and current Tampa Bay policemen and employees.  The indictment goes into details of police identities stolen by thieves including the identity of a policeman killed in the line of duty!

Federal officials state that evidence shows an extremely close relationship between the Houstons and Rita Girven a police informant whose name came up in the tax-fraud investigation.  The Houstons adopted Girven’s child, gave her money and spent social time with her.

Rita Girven had previously pled guilty in March to two federal charges of stolen identity tax refund fraud totaling over $33,000!  She is scheduled to be sentenced this month and may testify against her former friends.  The government is claiming that part of this money was used to pay for Gary and LaJoyce Houston’s pool service and credit card bills.

The affidavit continued by stating in an odd bit of coincidence that over 4,500 people that Eric Houston ran through police databases over three years had later filed fake federal tax returns in their names…with the money going to Eric!

Home town Tampa Bay is almost always in the national top 10 nationally in identity fraud which costs American tax payers billions per year. Continue reading

A local man is arrested for a DUI after fleeing from police.  He blames his four-legged best friend, saying his dog was driving.  Police investigated and found out a problem with his story…

26-year-old Reliford Cooper was arrested in Manatee and booked for Driving under the influence with property damage and obstruction after police found him hiding in a church.

The suspect led police on a long chase through residential neighborhoods before crashing into a ditch and fleeing on foot.  He was found hiding in a bathroom at a local church where parishioners helped the cops gather up the defendant.

“My dog was driving that car. I ran because I wanted to. You ain’t gonna find no drugs or guns on me.”  These were the first words out of Cooper’s mouth, according to the police.

The report also stated that he smelled of alcohol and marijuana.  The suspect then threw up and complained that his back was injured.  At the time of this writing, the man was still in jail.

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A guest post from Maria Stefanski, who is part of a nonprofit.  The link has several interesting articles on heroin and drug abuse.  If you or someone you love is facing addiction, please get the help that is needed!

Over the past few decades, politicians, corporations, and community leaders have focused much attention and effort in an attempt to curb drunk driving. Much of this social movement can be traced back 35 years, to the establishment of Mothers Against Drunk Driving (MADD). Since 1980, MADD has become one of the most widely supported and respected non-profit organizations in the U.S.

To understand the impact MADD has had on American society, some milestones are worth considering:

  • 1982
    • Presidential Commission on Drunk Driving formed
    • Bill enacted giving states federal highway funds for anti-drunk driving efforts
    • 100 MADD chapters by year-end
  • 1983
    • An NBC made-for-TV movie about MADD airs
    • 129 new anti-drunk driving laws pass by year-end
  • 1984
  • Federal 21 Minimum Drinking Age Act signed into law on July 17
  • More than 330 MADD chapters in 47 states by year-end
  • 1988
    • All states and D.C. pass federal 21 drinking age law
    • Omnibus Anti-Drug Abuse Act signed—amendments include extending crime victim compensation rights to DUI/DWI victims and increased incentives for states enacting key DUI?DWI laws
  • 1994
    • Alcohol-related deaths drop to a 30-year low
    • Chronicle of Philanthropy survey names MADD America’s most popular charity
  • 2000
    • MADD grows to approximately 600 chapters and 2 million member/supporters
    • National .08 BAC measure (part of the Federal Transportation Appropriations Bill) signed into law Oct. 23
  • 2004
    • First Law Enforcement Leadership Council held
    • MADD testifies before Congress in the U.S. House Education Reform Subcommittee on underage drinking issues
    • All states and D.C. pass .08 BAC as the legal drunk driving limit (MADD).

The changes MADD has spearheaded rival those of any other social movement in American history. In the U.S., because of MADD, since it was founded in 1980, the number of drunk driving deaths has been cut in half (National Highway Traffic Safety Administration). Perhaps now it is time begin efforts at targeting and isolating the dangers of driving while high—that is, the dangers of driving under the influence of prescription pills, heroin and other illicit drugs.

Studies have shown that, much the same as alcohol, heroin, prescription opiates, and the class of sedatives known as benzodiazepines slow reaction time, decrease motor coordination, and cause dizziness and drowsiness—each of these factors alone increase the likelihood of accidents. At present, no measure of drug impairment (like BAC in drunk driving) has been determined to reflect exactly how much of a drug effects ones driving ability. But, because even small amounts of certain drugs can have a measurable effect, some states have zero tolerance laws for drugged driving: if there is any amount of drug in the blood or urine of a driver in these states, the driver can face charges for driving under the influence (DUI). Some drugged driving detection techniques used by law enforcement include testing drivers identified as impaired who do not have a BAC exceeding the legal limit and employing Drug Recognition Experts (DREs) at roadside checkpoints (Stop Drugged Driving). While the prevalence rates of drugged driving are difficult to determine because of this lack of specific legal limit for BAC, the following data clearly illustrates a need for further, and prompt, research and action:

In 2013, 9.9 million persons, or 3.8 percent of the population aged 12 or older, reported driving under the influence of illicit drugs during the past year. This rate was lower than the rate in 2002 (4.7 percent), but was similar to the rate in 2012 (3.9 percent). Across age groups, the rate of driving under the influence of illicit drugs in 2013 was highest among young adults aged 18 to 25 (10.6 percent); this rate for young adults was lower than the rate in 2012 (11.9 percent). Additionally, the rate of driving under the influence of illicit drugs during the past year among youths aged 12 to 17 decreased from 2.3 percent in 2012 to 1.9 percent in 2013 (SAMHSA 2014).

Just as it is difficult to accurately determine the prevalence of drugged driving, determining the number of accidents caused by drugged driving offers a similar challenge. A few reasons for this challenge include: a) a good roadside test (like the breathalyzer test for alcohol) for drug levels in the body does not yet exist. b) people are not usually tested for drugs if they are above the legal limit for alcohol because there is already enough evidence for a DUI charge. c) many drivers who cause accidents are found to have both drugs and alcohol or more than one drug in their system, making it hard to know what substance had the greater effect (NIH, 2015).

The problem, and dangers, of drugged driving are most apparent within the teen/young adult portion of the population. According to data presented by Teen Driver Source (2015), putting aside the dangers of driving under the influence of drugs, motor vehicle crashes are the number one cause of death among adolescents and the greatest lifetime chance of crashing occurs during the first six months after obtaining a driver’s license. While distractions, following too closely, and an overall underestimation of the dangerousness of a situation are commonly cited factors in teen crashes, add drugs to the equation and it’s a recipe for disaster. For example:

A study of college students with access to a car found that 1 in 6 (about 17 percent) had driven under the influence of a drug other than alcohol at least once in the past year. Of those students, 57 to 67 percent did so at least three times and 27 to 37 percent at least 10 times. Marijuana was the most common drug used, followed by cocaine Continue reading

Theft can cover just about anything, but as a quick article in the Orlando Sentinel shows, this theft had a distinct Florida flair to it…

In nearby Winter Haven, Florida local resident Brad Reiter is accused of a most unusual crime.  Think of the plot of Ocean’s 11 but with more vitamin C.

State agricultural investigators are claiming that Reiter unlawfully took over 4 million pounds of oranges and other citrus.  These fruits came at an estimated loss of over half a million dollars!

The agricultural commissioner held a press conference in which he explained the details of the grand theft crime.  Brad Reiter entered into at least three contracts to harvest citrus groves back in March, 2014.

The grove owners clearly did not do their research as it turned out that the suspect was not even a licensed citrus dealer!  That didn’t stop him from harvesting all of the oranges and grapefruits from the groves.

The scurvy-resistant thief made off with over 50,000 boxes full of fruit without paying for it.  The estimated amount of the stealing?  Over $530,000!

The unlucky suspect was booked into Polk County Jail on first degree larceny and fraud charges.  At the time of this writing he did not yet have a criminal defense attorney

LEGAL ANALYSIS

Grand Theft is found under Florida Statute 812.014.  Because the amount that allegedly was taken was over $100,000, this would be a first degree theft, punishable by up to 30 years in prison!  This does not even take the separate felony fraud cases into consideration.

Common sense will tell you that many times prosecutors are willing to reduce prison time or even agree to probation if the defendant pays back restitution.  In this case what was stolen were perishable items.  These are not stolen goods that can just be returned and almost certainly the defendant did not sell all the citrus.  This means a lot of the fruit he stole became spoiled and worthless.  Any fruit he managed to sell would probably not cover the over half a million dollars in loss.  In other words, unless he happens to have hundreds of thousands of dollars ready for restitution, he is almost certainly looking at a lengthy prison stay.

Finally, if he had attempted to resell any of this fruit, the state can add second degree felony charges of dealing in stolen property to him.

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