Whatever happened to . . . ? #38

Today we're featuring Orange County domestic violence & child abuse/neglect cases that were featured in the media:

Ward, James Robert ("Bob")

2009-CF-013977-A-O

2nd Degree Murder w/Firearm

Defendant was convicted by a jury of killing his wife in their Isleworth home

Defendant was sentenced to 30 years DOC (25 years minimum mandatory) with crecit for 102 days time served.  Click here for previous blog about the first bond hearing in this case.

Stewart, Justin Lee

2009-CF-013317-A-O

1st Deg Murder; LSOA w/Injury

Defendant allegedly ran over and killed a woman in a hit-and-run road-rage incident after an argument at a nightclub. Defendant's mother Randi Joy Abrams, pled no contest to attempting to cover up evidence relating to the vehicle (2009-CF-013322-B-O). Not sure if this case was DV related.

Pled no contest to Attempted Manslaughter w/ Weapon & Leaving Scene of Accident w/Death, and sentenced to 15 years DOC w/credit 2 yrs 84 days time served.

Freeman, Keira

2010-CF-016249-A-O

2nd Degree Murder

Defendant allgedly stabbed her fiance to death

Pled guilty to manslaughter and was sentenced to 12 years DOC w/credit 1 year 9 days time served.

Gibson, Louis Jean

2011-CF-003266-A-O

Arson of Structure Known/Believed to be Occupied 

Defendant allegedly set a mattress on fire in his family's apartment because he was upset at a guest living in the apartment.

Pled to Attempted Arson and sentenced to 180 days jail w/credit 40 days time served; 29 years & 6 months probation.

Whitted, Benjamin

2011-MM-007937-A-O

Battery

Defendant was shot by a deputy when he allegedly refused to stop strangling his girlfriend. Defendant's injuries were not life threatening.

Defendant was acquitted by a jury

Donaldson, Jahlea L

2010-CF-009976-A-O

Burglary of Dwelling w/Aggravated Assault WDW; Intro Contraband into Correctional Facility

Defendant, her sister & a friend allegedly assaulted her sister's ex-boyfriend inside his apartment w/a broken bottle of hot sauce

Case nolle prossed

Malofsky, Louis

2011-CF-005323-A-O

Robbery w/Firearm; Agg Assault WDW; Battery

Defendant, an off-duty OCSO deputy, allegedly beat a man who had a relationship with his adult daughter

No information notice filed – case dropped

Thornton, Stanley

2011-CF-005597-A-O

Home Invasion Robbery w/mask; Battery; False Imprisonment

Defendant allegedly pretended to be a flower delivery person & assaulted the victim in this 2004 Windermere case. Former Police Chief Daniel Saylor never investigated the FDLE DNA hit in 2007.

No information notice filed – case dropped

Lewis, Jessica M

2011-CF-009926-A-O

Cruelty Toward Child Abuse w/o Great Harm

Defendant allegedly beat her 22-mo old child at the Magic Kingdom because he would not walk properly

Pled no contest, adjudication was withheld.  Defendant was sentenced to 1 day jail with credit 1 day time served, 18 months probation and 100 hours of community service.

Garcia, Elvin

2011-CF-009376-A-O

Agg Child Neglect

Defendant's 18-mo old child was spotted drinking beer in the front yard while defendant was allegedly passed out

No information notice filed – case dropped

Tato, Elizabeth

2011-CF-014253-A-O

Neglect of Child

Defendant's 11-yr old son was allegedly left inside her car for more than an hour as it was repossessed while she was gambling at a strip mall

No information notice filed – case dropped

Thomas, Ashley

2011-CF-016320-A-O

Neglect of Child

Defendant's 3-yr old son was found wandering the hallway of a motel while she allegedly went to a liquor store for at least 2 hrs.

No information notice filed – case dropped

Whatever happened to . . . ? #37

Jordan, Rodrick

2004-CF-012202-A-O

Sexual Battery (coerces victim) 2cts

Defendant was found guilty of a 1996 rape after DNA evidence linked him to the attack

Defendant was adjudicated guilty by jury of one count and sentenced to LIFE DOC w/credit 41 days time served

Smallwood, George Herman Jr

2010-CF-018273-A-O

Sexual Battery Vic<12; L/L Molestation Child<12 (2cts); Sexual Activity w/child (2cts); L/L Molestations (2cts); Use Child in Sexual Performance

Defendant allegedly raped a child for 2 yrs and claimed a demon made him do it.

Defendant pled no contest to Sexual Activity w/Child (2cts) & Lewd/Lascivious Molestation (2cts) and was sentenced to 20 years DOC w/credit 322 days time served;to be followed by 38 years probation

Garcon, Guytembert

2011-CF-009258-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.

Defendant pled guilty to L/L Battery and sentenced to 10 years DOC w/credit 224 days time served.

Chisena, Dale Pietro Jr

2010-CF-004423-A-O

Possess Material Depicting Sexual Performance by Child (50 cts)

Defendant's father taught 2nd grade at Lovell Elementary School for 33 years. They allegedly had over 1,000 child porn images on their computer, some appearing to be infant girls.

Pled no contest to 3 counts, all; other counts were nolle prossed.  Defendant was sentenced to 3 years DOC w/credit for 1 day time served; 5 years probation & was designated as a sex offender.

Thomas, David

2009-CF-010548-A-O

Sexual Activity w/child; L/L Battery; L/L Molestation

Defendant allegedly touched a 13-yr old boy in a wave pool at Typhoon Lagoon (see also 09CF10525) Defendant was found guilty after jury trial of L/L Molestation in 2009CF10525 and sentenced to 2y DOC + 5y prob in that case

Defendant pled no contest to L/L Molestation and was sentenced to 24 months DOC w/credit 727 days time served; 5 years probation.

Pfaender, Richard Emerson

2011-CF-006058-A-O

L/L Exhibition; Burglary of Occupied Dwelling; Att Sexual Battery 

Defendant allegedly stalked and followed a 15-yr old boy into the boy's home, removed his own clothing, and was quickly apprehended by the boy's father who returned home

Defendant pled no contest to Burglary and was sentenced to 15 months DOC w/credit 215 days time served; 5 years probation; ordered to undergo substance abuse evaluation & rehab.

Mangune, Michael

2011-CF-007468-A-O

Travel to Meet a Minor; Use Computer for Child Exploitation

Defendant allegedly agreed online to teach sex acts to a 14-yr old girl at the request of her "mother"

Defendant pled to use of computer for child exploitation and was sentenced to 2 days jail w/credit 2 days time served; 18 months community control; 3 years probation.

Brookins, Wilbert

2011-CF-002632-A-O

Sexual Battery Physically Helpless; Theft of Credit Card; Petit Theft

Defendant, a reservation clerk for Disney, allegedly lured a single mother to Central Florida with offiers of free park passes & bargain rate for hotel room, spent the day with her & later attempted to rape her after she fell asleep in the room

Defendant was acquitted by a jury

Maldonado, Damian E

2010-CF-005563-A-O

L/L Molestation Vic 12-15yrs old (9 cts); Att L/L Conduct (15 cts); L/L Exhibition (2cts); False Imprisonment; Battery DV offense date 12/1/09

Defendant is an Army recruiter who allegedly ordered a female recruit to partially disrobe for a body fat inspection & forced her to commit oral sex in 2010CF8555

Defendant was acquitted by jury Counts 1-7; no action was taken on other counts

Cabane, Utchey

2011-CF-008988-A-O

Sexual Battery; Child Abuse; Contrib to Delinq of Minor; Inflict Bodily Harm/Terrorize Victim

Defendant allegedly luried a girl who was on her way to the bus stop into his car and molested her after promising a ride

No information notice filed – case dropped.

Vargas, Jason

2011-CF-007469-A-O

Travel to Meet a Minor

Defendant allegedly agreed online to teach sex acts to a 14-yr old girl at the request of her "mother"

No information notice filed – case dropped.

Balderas, Roldolfo

2011-CF-014870-A-O

Sexual Assault Victim>12; Battery

Defendant, a transient, allegedly attempted to rape a woman behind a shopping center at Kirkman & Colonial

No information notice filed – case dropped.

Urich, Richie

2011-CF-010282-A-O

L/L Conduct

Defendant allegedly abuducted an 11-yr old Clearwater girl and brought her to Orlando where the L/L conduct occurred

Case nolle prossed.

Quillen, Paul Joseph

2010-CF-011559-A-O

Solicitation of Minor via Computer (3cts); Travel to Meet Minor

Defendant is a Georgia firefighter who allegedly solicited what he thought was the father of two girls (ages 11 & 13) for sex

Dismissed - Defendant deceased

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.

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