Tampa Bay Criminal Defense Lawyer Blog

April 28, 2014

Two St. Pete residents sentenced for internet fighting crimes

From an article on the BayNews9 website, two locals who were involved in the “She Fights” online beating controversy, were sentenced to prison for their part.

In the Pinellas County criminal courthouse, two local residents were sentenced to prison for their role in producing homeless fights for the former website shefights.net.

27-year-old Zuzu Vargo and 61-year-old Jeff Williams were previously found guilty by a jury for aggravated abuse of a disabled person. Both defendants were involved in the making of a series of videos that portrayed mentally disabled men being beaten up by women. Often, the men were homeless and were paid a few dollars to have the crime of battery performed on them.

Camera operator Jeff Williams was deemed more responsible for the videos then Ms. Vargo. Williams was sentenced to seven years in prison.

Vargo, who was seen on film punching the victims, was sentenced to three years prison. Her criminal defense lawyer was hoping to avoid prison by showing that she had a need for mental health treatment instead of prison. A doctor testified on her behalf saying she had substance abuse issues as well as suffering from PTSD.

Both defendants spoke to the judge and offered an apology of sort. “We have been portrayed as sort of as going and grabbing people and beating them up and that’s not what this is about. It’s a portrayal of fantasy,” Mr. Williams said. It was later revealed that the defendant paid the victim as part of a settlement agreement from a civil court lawsuit.

Ms. Vargo added “I don’t ever want to cause anyone any pain ever again and I want to make amends any and every way possible. I hope that you can forgive me”.

Both defendants are still awaiting trial for additional counts of aggravated assault from another video.
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April 24, 2014

St. Petersburg women arrested in the latest “Road Rage” incident

by Blake & Dorsten, P.A.

As reported in the Tampa Bay Times two women were arrested after physically beating another woman in a “Road Rage” incident…

Two women were arrested in St. Petersburg after allegedly crashing into another woman, ripping her out of her car and brutally beating her.

It started on 34th Street S in St. Petersburg in the early evening last Tuesday. 26-year old Amber Beckwith and 22-year-old Ariel Young were driving in a car when they almost crashed into a fellow driver.

The driver/victim Rose Lucarell, 61, honked at them to avoid a collision. The two suspects did not react well to that. They proceeded to pull up alongside the elderly woman while throwing objects at her car, flipping her off and cursing at her.

Finally Beckwith, who was driving the car, smashed into the front of the victim’s vehicle. Rose Lucarell was forced to stop in the street and Amber Beckwith proceeded to ram her car multiple times.

The two suspects then got out of their car, opened the victim’s door and proceeded to hit her in the head. She eventually was pulled out of the car and severely beaten and thrown to the ground.

Unfortunately for the suspects, there were multiple witnesses. Some of them helped the victim to the hospital, where she was treated and released. Others called the police on the two “road rage” women.

Both suspects were arrested and taken to the Pinellas County jail where they were held with bond. Ariel Young is facing a charge of burglary with battery. Amber Beckwith is facing charges of burglary with battery and aggravated assault with a motor vehicle.

While the aggravated assault with a motor vehicle is a third-degree felony, the two suspects are in a load of trouble as the burglary with battery charge score mandatory prison and is punishable by life (PBL)!
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April 17, 2014

Sweet irony: Florida man named “cocaine” arrested on drug charge

by Blake & Dorsten, P.A.

Talk about bad karma…Florida native Edward Cocaine was arrested earlier this week on felony drug possession.

Per the Pembroke Pines Police Department report, Mr. Cocaine was stopped for a traffic violation as he had an obscured tag.

The Florida police officer went to speak with the suspect when Cocaine requested a talk outside of the car. This proved to be a bad mistake for him as the officer noticed a Xanax pill (NOT cocaine as one might have guessed) in plain sight, tucked in the vehicle’s door pocket.

Under questioning from the police, the defendant further hurt his case by both admitting to not having a prescription as well as admitting to another alprazolam pill, saying he bought them off a man for $5.00.

With that, Mr. Cocaine, whose prior criminal record is unknown, was arrested for possession of a controlled substance, a third-degree felony. This is punishable by up to five years in prison though Edward most likely will have other options available. These options may consist of drug court, probation, pre-trial intervention (“PTI”) or a combination of these.

When the ironically named defendant appeared in front of the judge at first appearance, he laughed and released him on his own recognizance (“ROR’ed). This means that he did not have to post bail to be released from jail.
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April 9, 2014

St. Petersburg teacher arrested after drunken rampage

by Blake & Dorsten, P.A.

From the BayNews9 website, a local teacher is facing felony charges after going on an alcohol binge…

30-year-old Keesha Graham will not want to bring this up at her next show-and-tell. The St. Petersburg second-grade teacher was arrested by police after what witnesses call “an alcohol-fueled rampage”.

Clearwater police arrested Ms. Graham for burglary and disorderly intoxication after Ms. Graham was walking in and out of traffic and trying to enter a locked vehicle (a potential burglary of a conveyance charge). Police told her to leave the location but she had other ideas…

The intoxicated teacher later walked into a home on Gulfview Boulevard uninvited and police were called after the homeowner asked her to leave.

The suspect refused to leave and sat down on the homeowner’s couch. With that police finally had enough and arrested the defendant.

Ms. Graham is (was?) a teacher at John Sexton Elementary School and parental outcry was quick. One of the parents interviewed by Bay News 9 was shocked that the events occurred and was grateful that this did not happen at the school.

“Your children are supposed to be everything to you and you’re sending them to the most safest place that you think during the day and then you find out stuff like this,” the shocked parent said. “It just makes you wonder.”

As of this writing Ms. Graham has been released on $5,100 bond and charges are pending.

FLORIDA LEGAL ANALYSIS

The disorderly intoxication is a misdemeanor but the burglary of a dwelling, Florida Statute 810.02, is a second-degree felony, punishable by up to 15 years in prison. What makes it worse for Ms. Graham is that because the house was occupied, the charge is now a “PBL” or punishable by life!

It is obviously too early to know what may happen with these charges. Based on just the report, it sounds like Ms. Graham was not attempting to commit a crime when she went into the stranger’s home. If that is correct, the state may be better off filing a trespass charge instead.

This is one of those cases where it is vital to have a criminal defense attorney on this case before charges are filed. A burglary defense attorney would be able to talk with the state before charges are filed and perhaps convince them to lessen these serious cases.

No matter what becomes of this case, the defendant has already suffered embarrassment and possibly the loss of her employment. The last thing she needs is a prison sentence for what appears to be a bad mistake.
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April 4, 2014

Pinellas Park man attacked, three teens arrested

by Blake & Dorsten, P.A.

A local crime story from the Tampa Bay Times that brings up some interesting questions about juvenile crime versus adult criminal charges.

16 year-old A. Peterson made his first appearance in the Pinellas county juvenile court yesterday following his arrest for attacking an 83-year-old man. He stood straight while the judge explained his charge, an aggravated robbery with a deadly weapon. The teen turned himself in to the police and admitted to stealing the man’s car but denied attacking him.

He was one of three people charged in the attack of the man. His 13-year-old brother was charged with grand theft. A 15-year-old female friend of the brothers was also charged with a battery on an elderly victim.

Per the police report, the two Saint Petersburg brothers and the girl attacked the elderly man Tuesday morning as he was in his car at his Pinellas Park condo. The senior citizen fought back and says the oldest brother slashed his arm with a knife. The teens made off with his keys and his car was stolen that night while he slept. There were multiple bikes that were found at the scene of the crime.

The elderly man has some bad injuries from the battery including a fractured cheek bone, multiple stab wounds and a bruised rib. For his part, the man is glad the teens are all in jail as he felt he could have been killed!

At the juvenile hearing, the boy’s father and grandmother were in attendance and expressed remorse for the victim’s injuries.

The juvenile judge assigned a public defender to the defendant and would not release him from custody. Rather, she set another court date.

LEGAL ANALYSIS
It seems very likely that both the 13 and the 15-year-old will be charged for juvenile crimes and not charged as an adult. This means that any sentence they receive will be much lighter then adult sanctions. In addition by staying in the juvenile system, the teens will be more likely to get the cases dismissed.

The bigger question is what happens to the oldest teen. If he stays in the juvenile court, he cannot be held past the age of 21. As the charge is serious and the teen is older, there is a legitimate chance that the Pinellas State Attorney’s office may file this charge as an adult.

As an adult, robbery with a deadly weapon, Florida Statute 812.12(2)(a) is a first-degree felony, punishable by up to 30 years in prison or life (“PBL”) if certain criteria is met.

The next few weeks will be very important to this young man, as decisions that could put him in prison for life will be made.
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March 27, 2014

When a DUI is not a DUI…

by Blake & Dorsten, P.A.

An interesting case from South Dakota, where a man is appealing his Driving under the Influence conviction on the grounds that he was not even driving! How may this affect Florida DUI law?

To DUI or not to DUI…for 54-year-old Donald Nekolite, THAT is the question. The defendant admitted drinking at a local bar back in September 2012. He went outside to grab cigarettes from his truck when he accidently bumped the gear shift into neutral. Without the emergency brake on, the truck rolled back into another car.

Police were called out and investigated. It was determined that Nekolite had a B.A.C. of 0.284, over three and a half times the legal limit in either Florida or South Dakota. His companion/designated driver however, was not drinking. Never the less, police arrested Nekolite for driving under the influence. Police claimed that he was “in actual physical control of his vehicle”.

His conviction is now being appealed to the South Dakota Supreme Court. The ruling is expected to shed more light on the legal definition of physical control.
LEGAL ANALYSIS
In Florida along with a few other states, to prove a defendant is guilty of a DUI, the prosecutor must prove beyond a reasonable doubt that: 1. the defendant was under the influence of alcohol or a controlled substance to where his normal faculties were impaired (and/or a 0.08 B.A.C. or above), 2. while he was driving or in actual physical control of a motor vehicle.

Unlike South Dakota, in Florida, if the defendant did not have keys in the ignition or at least readily avaliable (such as in his pocket while he was in the driver seat), there would most likely be no DUI charge, let alone a conviction. Florida caselaw requires actual ability to DRIVE the vehicle. No car keys or ability to start the vehicle, most likely no Florida DUI conviction.

While it will be interesting to see what happens in South Dakota, here in the sunshine state, he would almost certainly have his conviction overturned.
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March 14, 2014

Update on Justin Bieber’s Florida DUI arrest

by Blake & Dorsten, P.A.

We had mentioned pop star Justin Bieber’s DUI arrest in a previous blog post. By now, the whole world knows about his arrest for driving under the influence and his disaster of a deposition for his upcoming civil suit he took. There is now an update on his criminal cases.

After being charged in Miami, Florida for a DUI, resisting arrest without violence and a No Valid Driver’s License (NVDL), Justin Bieber finally gets a trial date.

A judge has set trial for May 5 as the singer had previously pled “Not Guilty” to the charges. Per both the prosecutor and his criminal defense attorney, no offer has been made on the case.

There had been a previous trial date but it was continued due to publicity surrounding Bieber’s urine test that was caught on video.

The defendant and Khalil Sharieff, another singer, were arrested in January for closing down a street to race sportscars. Police investigated and later made an arrest on the above charges. There are several interesting angles in this story. Bieber’s blood-alcohol content was below the 0.02 level for underage drivers. However he underwent further tests which found marijuana and Xanax in his system, potentially complicating his defense.
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March 13, 2014

Battery or self defense? Pinellas Park mother accused of child abuse against daughter

by Blake & Dorsten, P.A.

Claiming self defense, a 39-year-old Pinellas Park mother is pushing back against an arrest that charged her with aggravated child abuse.

Police claim the mother of four struck her 16-year-old daughter with a baseball bat, leaving the juvenile dazed and bleeding.

The defendant told the judge at a court appearance Wednesday that she was innocent of the charge. “I am not a child abuser”. Rather, the mother claims that her daughter attacked her multiple times and the victim was hit by mistake.

Police were sent out on a disturbance call to the mother’s Pinellas Park home. They arrived to see the victim bleeding from the head and the suspect still holding on to a baseball bat. The victim told the police that her mother went crazy during an arguement about doing the dishes and committed the battery on her.

The suspect denied this and claimed that her daughter walked into the handle part of the bat.

Initially held without bond, the judge took mercy on the suspect after the DEFENDANT’S mother offered to watch the victim and the defendant claimed that she had three other children at home with nobody to watch them. The judge set the bail at $15,000 and ordered no contact between the two parties.

A look at the defendant’s Pinellas criminal record shows multiple priors spanning almost 20 years for charges that include felony theft, worthless checks, drug charges and violations of probation among others. Ironically, she also had a contributing to the deliquency of a minor charge. If this newest allegation is true, she went from contributing to the deliquency of a child to actually harming a minor!

LEGAL ANALYSIS As it is now charged, aggravated child abuse is a first-degree felony, punishable by up to 30 years in prison!

In addition, it is a level nine offense which means it scores so high that the defendant is looking at a mandatory prison sentence. Depending on how the state chooses to proceed, her criminal defense attorney may be able to claim self defense or negotiate a lower sentence with the state attorney or the judge. There could be parenting classes, anger management courses, counseling, jail and/or probation as possible plea alternatives.
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March 7, 2014

Florida Burglary suspect “tripped up” by his pants

by Blake & Dorsten, P.A.

From the smoking gun website, a Palm Beach man was arrested for burglary after his pants aided the Florida cops in making the arrest…

19-year-old Jordan Bodden was arrested by Palm Beach County Sheriff’s deputies on suspicion of car burglary. This came to light when two witnesses ID’d him as the man who broke into multiple vehicles. One witness saw two males, one matching Bodden’s description pulling on door handles and entering the cars (burglary of a conveyance). Another witness came forward and saw the suspect and a co-defendant enter several cars looking for money and valuables.

Bodden was identified by both witnesses and was handcuffed during the investigation but the suspect broke away from the police and tried to run away on foot.

His pants had other ideas. An Officer grabbed at Jordan’s pants as he began to flee, which might have popped open a button. The result was his pants falling to his ankles and the criminal suspect falling hard on the cement. Apparently he didn’t learn his lesson as once down, he continued to fight the deputies.

Jordan Bodden was charged with resisting arrest without violence, escape and three counts of burglary. As of this writing, the fashionista was still locked up in the Palm Beach County jail on $31,000 bond.
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February 26, 2014

Personal Injury Claim – Understanding the Damages

by Blake & Dorsten, P.A.

Every year there are millions of people who are injured in personal injury accidents – on the road, at work, at home or outdoors. And more often than not, they are not at fault for these mishaps, in which case they deserve to be compensated for their agony and loss. Personal injury claims help these victims to achieve this compensation. But before deciding on going about a personal injury claim, how will you evaluate if your claim is worth pursuing? The answer to this key question lies in ‘Damages’. So what are damages? What are the different types of damages? How do you evaluate these damages?

1. Compensatory Damages:

When it comes to personal injury claims, most damages would fall under the category of compensatory damages. Compensatory damages are damages that can be evaluated and monetarily compensated. While it is easy to put a value on some compensatory damages like medical expenses, loss of property etc., it is difficult to put a value on the pain that one has suffered because of the accident. These loses can be categorized as monetary and non-monetary losses.

i. Monetary losses:

Losses that can be easily evaluated and put a price on are called monetary losses. They are relatively easy to calculate based on evidence or indications such as cost of medical treatment, value of property etc.

• Medical expenses:
Almost all claims will cover medical expenses as damages as it is imperative that an injured victim is treated for the injury suffered due to the accident. It not only covers the cost of treatment that the patient already has incurred, but also covers such costs that the patient will be required to incur in future for the rest of his/her life.

• Loss of income:
If the accident has resulted in loss of income for the victim then they can claim damages for the same. It not only covers the income that the victim has already lost because of the accident, but also will cover his/her future income as can be calculated. This is termed as ‘loss of earning capacity”.

• Loss of property:
If the accident resulted in the loss of a physical property such as vehicle or any other item of value, then it can be covered as damages. The value can be calculated based on the cost of repair or fair market value in case of irreparable damages.

ii. Non-monetary losses:

Losses that are physical and emotional and that cannot be easily evaluated are called non-monetary losses. It is difficult to put a value on non-monetary losses and it may considerably vary between victims.

• Pain and suffering:
Most personal injuries involve pain and discomfort and it is imperative that the damages cover this suffering. The damages will cover compensation for physical pain endured during the accident and also during the recovery phase.

• Emotional distress:
Damages will also cover the psychological impact of the injury. This includes anger, fear, loss of sleep, anxiety, frustration etc. that is associated with the injury.

• Loss of enjoyment:
If the injury resulted in the victim’s loss of interest and enjoyment in life such as hobbies or other recreational activities, the damages can cover this.

• Loss of consortium:
Loss of consortium is provided to the spouse who is affected because of the victim’s inability to indulge in the relationship. It includes loss of companionship, loss of affection, loss of sexual relations etc. Traditionally, these types of damages are lightly compensated.

2. Punitive damages:

Punitive damages are intended to punish the defendant for their outrageously careless act that resulted in the injury in the first place. Punitive damages are awarded on top of compensatory damages and are designed to provide some kind of emotional closure to the victim. They can act as deterrents in future. However, punitive damages are not awarded in all personal injury cases and they are reserved for serious acts. Also most states have a limit to the amount that can be claimed as punitive damages to avoid excessive claims on this account. Some common examples of punitive damages are injuries that result from reckless or wanton behavior such the Defendant injuring the Plaintiff in a DUI or a wrongful death case when the Defendant had knowledge of the danger and took no steps to correct same.

It is imperative to be aware of the different damages that one can claim for a Clearwater auto accident lawyer or a Miami personal injury attorney. Also it is important to ensure that the claimant is not negligent on actions that they have to take, in order to mitigate the impact after the accident, as this will have a bearing on the damages awarded.
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