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

Whatever happened to. . . ? #35

McCroskey, Dennis

2009-CF-007029-A-O

1^st 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 1^st 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

1^st Degree Murder w/Firearm; Att 1^st 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 1^st 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

2^nd 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.

  

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.