Monday, December 19, 2011

Fast food & fast justice


Approximately one year ago, CourtWatch began a letter writing campaign to specific locations of the above fast food restaurants in our community because Judge Sally Kest was ordering unmonitored exchange of children between parents in domestic violence injunction cases at their locations. We dubbed these "McDonalds Exchanges" because the golden arches was overwhelmingly ordered by the judge as the site for these potentially dangerous encounters.

To understand how risky this practice is, we have only to remember the case of Emmanuella Biziyaremye, age 28, who on May 6, 2007 had a copy of her final injunction in hand when she went to meet her estranged husband to retrieve her children from their visit with him.  This injunction, granted by Judge Janet Thorpe only 17 days earlier, designated the parking lot of the Walgreens store at East Colonial Dr & Bumby Rd as the place where the parents would meet. This site was selected because there were video surveillance cameras that covered the parking lot.

Mrs. Biziyaremye was shot twice in the head by her husband, Anselme, who then fled to Jacksonville where he was killed a few days later in a shootout with law enforcement after threatening suicide.

The couple's children had been left with a friend in Orlando by their father before the shooting of their mother.  Another child, whom the victim was babysitting, was present in her car and was unhurt.

Judge Kest did this so frequently that her injunction paperwork has the instructions pre-printed on it.

How is it that the other two judges in the Injunction division manage to order only monitored exchanges in the cases they hear? The options are:

  • via school, daycare or babysitter where one parent drops off in the morning and the other picks up in the afternoon
  • via a family member or friend who is agreed upon by the parties (either at that person's home or that person does the transporting of the children)
  • via Family Ties at the courthouse during regular business hours or at a downtown location on weekends.
CourtWatch recognizes that the Domestic Violence with Children injunction hearings can be the most difficult ones to conduct. The parties can be acrimonious and unwilling to negotiate with one another.  Their geographical and/or work schedule differences can make it nearly impossible to work out an arrangement that will be satisfactory to both parents. But the other judges seem to have it figured out. They seem to be more willing to take the time needed during these hearings to broker an arrangement between the parties.

A minor victory
Shortly after our first letters landed on the desks of fast-food restaurants around Central Florida, we received a call from McDonalds asking how they could have their restaurant removed from an injunction.  Rather than provide their attorney with the case number (because we wanted to avoid having the parties yanked back into court, thus inconveniencing them and potentially inflaming their situation further), CourtWatch recommended they write to Judge Kest and copy Judge Perry on their request.  I since learned they did exactly that.

A short time thereafter, we watched another hearing where Judge Kest was ordering unmonitored exchange, but this time said "Pick a family-friendly restaurant that's convenient to you both.... anyplace but McDonalds."

It's interesting to note that McDonalds recognizes the potential for danger. Not only does this practice jeopardize the safety of the victim and children involved, but also the restaurant employees and its patrons. Just because a court order spells out how to "safely" conduct the exchange, there is nothing to prevent a violent abuser from arriving early and doing what Mr. Biziyaremye did.

It's also interesting to note that none of the other letter recipients, to our knowledge, acted upon the information we provided to them.

We wonder why Judge Kest doesn't seem to, in spite of the specialized training that is available to judges, understand the danger as well. Nor does she seem to recognize that it is against the law for her to order that a business be mandated to conduct commerce (specifically the unmonitored exchange of children) for which it is not designed.

Last month, Judge Kest transferred to Domestic Relations division where she hears divorce cases. Unfortunately, she is still in a position to order the unmonitored exchange of children while in a courtroom that CourtWatch does not traditionally visit.  We can only hope the practice ceases.


Friday, November 11, 2011

Whatever Happened to . . . ? #36


Lehman, Juan Andre
2009-CF-005343-A-O
Kidnap w/Intent to Inflict Harm/Terror; Sexual Battery w/Deadly Weapon or Physical Force (2cts); Sexual Battery (2cts); Aggravated Battery Great Bodily Harm; Aggravated Assault w/Deadly Weapon
Defendant & 2 co-defendants allegedly raped their victim after she accepted a ride from them outside the Roxy nightclub
Defendant was found guilty by jury of counts 1-3,6 & 7.  Counts 4 & 5 were dismissed by the jury. Sentenced to LIFE DOC w/credit 1yr 340 days time served.

Rios, Kevin Timothy
2009-CF-005343-B-O
Kidnap w/Intent to Inflict Harm/Terror; Sexual Battery w/Deadly Weapon or Physical Force (2cts); Sexual Battery (2cts); Aggravated Battery Great Bodily Harm; Aggravated Assault w/Deadly Weapon
Defendant & 2 co- defendants allegedly raped their victim after she accepted a ride from them outside the Roxy nightclub
Defendant was found guilty by jury of all counts and sentenced to 24 yrs DOC w/credit 1 yr 340 days time served; to be followed by 5 yrs probation.

Santiago, Joseph Anthony
2010-CF-017339-A-O
Sexual Activity w/Child (2cts); Lewd/Lascivious Battery (2cts)
Defendant was a volunteer band teacher at Arbor Ridge Elementary who allegedly assaulted a 12-yr old boy at the school
Counts 1& 2 were nolle prossed; Defendant pled guilty to Counts 3 & 4 and was sentenced to 5 yrs DOC w/credit 12 days time served, to be followed by 10 yrs probation.

Birkbeck, Thomas Eugene
2010-CF-014242-A-O
Possess Material Depicting Sexual Performance by Child (24cts)
An apartment maintenance worker found a collection of child porn when he was changing an air filter in the defendant's apartment. Defendant allegedly confessed to collecting the images over 20 years.
Defendant pled to 3 counts, was adjudicated guilty and sentenced to 33 months DOC w/credit 3 days time served.  Remaining counts were nolle prossed.

Riker, Emily Marie
2010-MM-007253-A-O
False Report to Law Enforcement Officer
Defendant allegedly lied about being sexually assaulted by a man she met on Facebook (she allegedly has made 2-3 false rape reports in the past)
Defendant pled no contest, adjudication was withheld and she was placed on probation for 1 year.

Gonzalez-Santiago, Luis
2010-CF-016010-A-O
Attempted Sexual Battery; Burglary of Dwelling w/Assault or Battery; Attempted Armed Burglary of Occupied Dwelling; Attempted Burglary Occupied Conveyance; Stalking; False Imprisonment; Battery DV
Defendant allegedly attacked a woman he used to live with after she drove him to meet his probation officer
Counts 1-5: nolle prossed; No Action Taken on remaining counts.  Case dropped.

Solis, Yamil
2011-CF-012193-A-O
Burglary w/Assault; Attempted Sexual Battery; Grand Theft
Defendant allegedly broke into a neighbor's apartment & attempted to rape her but fled when she woke up
No information notice filed – case dropped.

Alcide, Olgens
2011-CF-009264-A-O
Lewd Act in Presence of Child
Defendant is one of 12 who allegedly sexually assaulted a 15-yr old runaway and forced another 15-yr old to prostitution.
No information notice filed – case dropped.

Louidor, Luc
2011-CF-009148-A-O
Lewd Act in Presence of Child
Defendant is one of 12 who allegedly sexually assaulted a 15-yr old runaway and forced another 15-yr old to prostitution.
No information notice filed – case dropped.

David, Leo
2011-CF-009265-A-O
Lewd Act in Presence of Child; Interference w/Custody
Defendant is one of 12 who allegedly sexually assaulted a 15-yr old runaway and forced another 15-yr old to prostitution.
No information notice filed – case dropped.

Louis, Boby
Lewd Act in Presence of Child
Defendant is one of 12 who allegedly sexually assaulted a 15-yr old runaway and forced another 15-yr old to prostitution.
No information notice filed – case dropped.

Wilson, Martha Latoya
2011-CF-009257-A-O
Interference w/Custody
Defendant is one of 12 who allegedly sexually assaulted a 15-yr old runaway and forced another 15-yr old to prostitution.
no information notice filed – case droppe

Whatever happened to. . . ? #35


McCroskey, Dennis
2009-CF-007029-A-O
1st Degree Murder; Sexual Battery w/Deadly Weapon (2cts)
DNA evidence linked defendant to a 1993 rape & murder. DNA match occurred because Defendant was serving time in Ohio for a similar case
Pled guilty to 1st Degree Murder & adjudicated guilty; Counts 2&3 nolle prossed.  Sentenced to LIFE in DOC w/ 25y min man, consecutive to Ohio sentence. No credit for time served.

Gonzalez, Eduardo
2006-CF-011144-A-O & 2006-CF-007589-A-O
1st Degree Murder w/Firearm; Att 1st Degree Murder (9cts); Tamper w/Witness Conspiracy; Tamper w/Witness (5cts)
Defendant allegedly shot victim outside a bar near UCF after mistakenly identifying victim as having doused him in beer. Death penalty case.
Defendant pled guilty & was sentenced to 30y DOC w/credit 4yrs 268 days time served

Shaw, Travis Louis
2009-CF-015188-A-O
Attempted 1st Degree Murder w/Firearm; Aggravated Child Abuse; Aggravated Battery; Possess Firearm by Convicted Felon; Throw Deadly Missile at or w/in Bldg; Aggravated Assault w/Firearm; False Info to Law Enforcement re: Missing Person or Felony
Defendant, a convicted felon, allegedly shot the minor victim in her face at home
Defendant pled guilty to counts 1,2,4 and was sentenced to 3 yrs DOC w/credit 600 days time served

Jean-Baskin, Vanel
2007-CF-000078-A-O
2nd Degree Murder
Defendant allegedly beat his mother's boyfriend to death
Defendant was found Not Guilty by Reason of Insanity and committed to DCF


Gill, Branden L
2010-CF-018313-A-O
Battery (2cts); Disorderly Intox; Kidnap Child<13 yrs
Defendant allegedly attempted to kidnap a boy from his home by trying to pull him over the fence
Case was transferred to misdemeanor court (2011-MM-138-A-W).  Defendant pled to battery & disorderly intox and was sentenced to 77 days w/credit 77 days time served.

Harris, Deidra S
2011-CF-002196-A-O
Agg Child Abuse w/Weapon
Defendant allegedly beat her adopted son with his own belt (Defendant has been investigated by DCF twice before w/a different child).
Pled no contest to Child Abuse, adjudication was withheld.  Defendant was sentenced to 2 days jail w/credit for 2 days time served; 30 months probation, and DUI/Drug school/rehab.

Younge, Marcus
2009-CF-005612-A-O
False Imprisonment; Battery
Defendant allegedly attempted to snatch a 9-yr old girl near her home in Southeast Orange County
Pled no contest to Battery & was adjudicated  guilty.  Sentenced to 2 days jail w/credit 2 days time served; 363 days probation and 25 hours community service

Logsdon Mitchell, Kira Hope
2011-MM-000659-A-W
Contrib to Delinq/Dependency of Minor; Neglect of Child (2cts)
Defendant allegedly got drunk (BAC .215) at an Ocoee bar and passed out with her 4-yr old in her lap. A bartender contends she left him in her car while she was inside. Her 9 & 7-yr old children were allegedly left home alone.
Pled no contest to count 1,  adjudication was withheld; Counts 2&3 nolle prossed. Sentenced to 1 day jail w/credit 1 day time served; 1 year probation; no alcohol/drugs.

Haynes, Rawn
2010-CF-014927-A-O
Negligent Storage of Firearm
Defendant was a Lakeland police officer who left his fireram unattended in a vehicle with 2 children - the 7-yr old accidentally shot his 10-yr old brother in the hand
Pled to Culpable Negligence and was sentenced to 6 months probation; 517 hours community serivce w/credit 417 hours already completed.

Louis, Shelly
2011-CF-011151-A-O
Neglect Child
Defendant allegedly left her son alone while she went to work & he was found hanging out a 2nd story window by a security officer
no information notice filed – case dropped

Lee, Bryan Deangelo
2010-CF-000888-A-O
Aggravated Battery; Tamper w/Witness
Defendant violated the no contact provision while in jail by calling victim over 250 times in 2 months. Judge revoked his phone privileges while at the jail. Defendant pled 6/10 & was sentenced to 2 yrs prob; BIP; no hostile contact; parenting class; Defendant later pled 9/10 to a VOP & got 15d jail.
Found in violation of probation for the second time.  Sentenced to 10y DOC w/credit 329d time served

Bonner, Jervaughn Antonio
2011-CF-004776-A-O
Poss Cocaine w/Intent w/FA; Possess Cannabis w/Intent w/FA; Possess Cocaine; Possess Cannabis; Poss FA in Commission of Felony; Theft; Make False Statement Under Oath to LEO
Defendant allegedly accidentally shot his GIRLFRIEND and lied to police, claiming a drive by shooter was responsible
Defendant pled no contest to first 3 counts & adjudication was withheld.  Count 4 was nolle prossed. No action taken on remaining counts.  Sentenced to 1 year jail w/credit 191 days time served.

Crooks, Tarren
2010-CF-011146-A-O
Armed Kidnapping; Battery DV; Aggravated Assault w/Firearm; Tamper w/Witness to Hinder Comm w/Law Enforcement.
Defendant allegedly abducted his ex-girlfriend from a school parking lot & assaulted her.
Defendant pled no contest to Battery and was sentenced to 283 days prob (includes 81 days credit time served); 100h community service; complete a substance abuse program.

Mann, Travis
2011-MM-000491-A-O
Battery DV; ROWOV (2cts)
Defendant was tased by law enforcement after his wife called 911 for assistance
Pled no contest to 1 count of Resist Officer Without Violence - adjudicated guilty.  Sentenced to 111 days probation; substance abuse treatment; anger management class; no possess firearms; no possess alcohol or illegal drugs; and ordered to have no contact with victim.

Fowlkes, Guy Swindell
2011-CF-008389-A-O
Agg Assault WDW; Battery; Prop Damage
Defendant allegedly ignited some explosives at a fireworks tent as part of an altercation with his pregnant girlfriend
Defendant was found not competent to proceed.




  

Saturday, October 29, 2011

Whatever happened to. . . ? #34

The following animal cruelty cases were recently resolved in Orange County:

Dennard, James
2010-CF-008801-B-O
Cruelty to Animals (12 cts)
Defendant & co-Defendant Latosha Tullis' alleged neglect and starvation resulted in the death of two dogs and left several others in exceptionally poor condition
Pled no contest to 9 counts and was adjudicated guilty.  Defendant was sentenced to 51 weeks jail w/credit 109 days time served.

Tullis, Latosha
2010-CF-008801-A-O
Cruelty to Animals (12 cts)
Defendant & co-Defendant James Dennard's alleged neglect and starvation resulted in the death of two dogs and left several others in exceptionally poor condition.
Pled no contest to 2 counts and was adjudicated guilty.  Defendant was sentenced to 1 day in jail w/credit for 1 day time served, 24 months probation, and 75 hours of community service.

Hughey, Harley Edward
2010-CF-008625-A-O
Cruelty to Animals
Defendant allegedly killed his girlfriend's pet rabbit after he was kicked out of her parents' home and camped in woods behind their house - Defendant allegedly threatened to kill her & her family as well
Pled no contest, adjudicated guilty.  Defendant was sentenced to 51 weeks jail w/credit 71 days time served; 3 years probation; anger management; not permitted to possess animals; undergo mental health evaluation/treatment w/in 120 days; and ordered to have no contact w/victim or her family.

Nelson, Justin Randall
2010-CF-009299-A-O
Cruelty to Animals; Confinement of Animals w/o Food/Water
Pled no contest to both counts, adjudication was withheld.  Defendant was sentenced to 6 months jail w/credit 1 day time served; 1 year probation; and 200 hours community service.

Potter, Michael Joseph
2010-CF-003864-A-O
Burglary of Dwelling; Cruelty to Animals
Defendant allegedly bludgeoned his neighbor's puppy with a hammer (the dog had to be euthanized)
Defendant pled no contest to animal cruelty & adjudication was withheld.  Burglary charge was nolle prossed.  Defendant was sentenced to 101 days jail w/credit 101 days time served; 5 yrs probation; and 100 hours community service.

Starkweather, Adrian John
2010-CF-005428-A-O
Cruelty to Animals
Defendant allegedly beat a 4 month old puppy which resulted in severe injury to the puppy's leg
Pled no contest, adjudicated guilty.  Defendant was sentenced to 80 days jail w/credit for 80 days time served; 3 yrs probation

Brezil, Stephen Anthony
2010-CF-015369-A-O
Theft (8cts); Cruelty to Animals (4cts)
Defendant allegedly stole black swans from Lake Eola and posted them for sale on craigslist
Pled no contest to 4 cts of Theft; no action taken on animal cruelty chgs; other counts nolle prossed.  Defendant was sentenced to 1 day jail w/credit 1 day time served; 36 months probation; and 150 hours of community service.

Smart, Geoffre Peter
2011-CF-009730-A-O
Theft; Cause Cruel Death/Pain/Suffering; Grand Larcey of Farm Animal / Aquaculture Species
Defendant allegedly stole a swan from Lake Eola - OPD followed a trail of feathers from the lake to his home to arrest him
No action was taken on animal charges.  Defendant pled to felony theft and was sentenced to 4 days jail w/credit for 4 days time served; 1 year probation; 6 months community control; and 150 hours of community service.

Friday, October 28, 2011

Whatever happened to . . . ? #33

Today we're featuring domestic violence related cases.  Note that only one individual was sentenced to time in DOC....

Johnson, Carla
2009-CF-012133-A-O
2nd Degree Murder
Defendant allegedly stabbed her boyfriend to death at a boarding house
Pled to manslaughter w/weapon, adjudicated guilty.  Sentenced to 15 yrs DOC w/credit 1 year 319 days time served

Harp, Cedric
2009-CF-018200-A-O
Manslaughter; Battery DV
Defendant (age 33) turned himself in to OPD after he allegedly killed his wife - Defendant has had 47 felony arrests. Two children in the home at the time were sleeping.
Pled no contest to Manslaughter – adjudicated guilty.  Battery DV charge dropped.  Sentenced to 6 months jail w/credit 80 days time served; 5 yrs probation.  See previous blog here

Garcia, Reyes
2011-CF-000711-A-O
Shoot/Throw Missile into Dwelling; Improper Exhibition of Weapon; Att Agg Assault w/Deadly Weapon.
Defendant allegedly almost shot his 8-yr old grandson during an argument with his 2 adult sons
Pled no contest to Count 1 – adjudication was withheld; other counts dropped; sentenced to 24 months probation.

Ertel, Allen M
2011-CF-000631-A-O
Agg Assault w/Deadly Weapon; Resist Officer w/o Violence (2cts); Criminal Mischief
Defendant allegedly kicked his way out of an OCSO patrol car window & briefly escaped after being arrested for a DV-related Agg Assault w/Firearm
Pled no contest to Resist Officer w/o Violence & Criminal Mischief – adjudicated guilty; other counts dropped.  Sentenced to 153 days jail w/credit 153 days time served; 6 months probation.

Johnson, Bryant
1994-CF-003095-A-O
1st Degree Murder; Armed Burglary
Defendant was found not guilty by reason of insanity two years after the 1994 the ax murder of his 75-yr old father after the father evicted him from the home
Case was dismissed – defendant adjudged insane.

Cabrera, Sonia
2011-CF-008826-A-O
Agg Battery
Defendant & her boyfriend (former NFL player Daryl Gardener 2011MM294E) were arrested at UCF after she allegedly threw a bottle at him & hit him with a tire iron when arguing about another woman.
No information notice filed – case dropped.

Reiger, George C Jr
2011-CF-009134-A-O
False Imprisonment; Battery Dating Violence; Criminal Mischief
Defendant, known as the "Disney Guy" because of 2200+ head-to-toe Diseny tattoos, allegedly assaulted assaulted his girlfriend while at a Disney hotel
No information notice filed – case dropped.

Phillips, Dion Jordain
2011-CF-007783-A-O
Att Assault w/Firearm; Att Kidnapping
Defendant allegedly threatened his girlfriend and attempted to kidnap her after she found a text message from another woman on his phone
No information notice filed – case dropped.