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SMART PHONES ARE JUST SMALL COMPUTERS, SUBJECT TO IMPULSIVE ACTIONS

Cell phones today serve many utilitarian functions besides being a communications device.  One can summon a ride, execute stock trades, research potential vendors, get insurance coverage, write an obituary, buy flight tickets or share photos with friends and family and a myriad of other tasks.  As this technology has become commonplace and accessible even to children, a new world of internet crimes also has arisen. Historically, this is nothing new.  New technology has brought new crimes before.  In the past, we had train robberies occur once the rails went across America. Likewise, we never had obscene phone calls until we had phones.  In this blog, this writer will discuss in general terms, based upon cases our office has actually defended, what types of cell phone behavior, under Florida law, gets people arrested.

SENDING A TEXT TO SOMEONE THREATENING TO KILL THEM

This is usually an highly impulsive act committed by a person who is almost always highly emotional and maybe drunk or stoned.  This falls under Florida Statute 836.10, is a second degree felony and scores prison under the Florida criminal scoresheet regarding punishment.  Prison time, for someone with no record, has been 1-2 years.  Also, a charge of this nature is like batting practice to a prosecutor.  Usually there is a series of texts to the same victim and since texts never disappear, the screen shots of the texts are simply provided to the defense attorney in discovery.  It is this writer’s experience that the cell phone being constantly on one’s person takes away the timeframe where the soon to be accused would have to get in front of a desktop computer.  Perhaps a slight delay could give a person time to calm down.  These cases also usually involve a very scared victim coming into court and stating their fears on the record at a sentencing hearing.

IF ON PROBATION, DON’T POST GUN AND WEED PICTURES OR HOMEMADE GUN TOTING RAP VIDEOS

This type of violation of probation is almost comical.  If one is on felony probation in Florida, they are not supposed to be around guns, dope or anyone committing crimes.  The cases this writer has seen of this nature are usually somebody getting even with the probationer.  More than one ex-girlfriend has reported her ex-boyfriend to his probation officer concerning acts which could violate him.  The defense will try to argue that the pics or videos occurred before the defendant went on probation.  The state attorney will bring the ex-girlfriend in to testify that the recording took place while the fellow was on probation.  A violation of probation does not mean the state attorney has to prove the violation beyond a reasonable doubt.  All that is needed is that the probationer willfully and substantially violated probation, and is decided by the Judge not a jury.

EXTORTION

Many couples, as part of their dating relationships, send pictures of themselves to their significant other.  Pictures can be transmitted within seconds but the repercussions of a picture or video containing nudity can last a lifetime.  Usually the unsuspecting person sending a picture of themselves has not thought it through that this image never goes away and is subject to being posted worldwide by the other person. Sometimes the person with pictures of the other will try to apply leverage for a continued relationship, money or special purchases, or simply to disgrace the other party. Very simply, one person demands something out of the other person, or else the pictures and videos are going internet wide.  These demands are usually communicated by text messaging to the victim and the state attorney has a very easy case to present.  Extortion under Florida law is a second degree felony and can carry up to a 15 year sentence. Continue reading

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19 YEAR OLD MALE STUDENT ARRESTED

A college student was arrested by the University of North Florida Police Department after a victim and witness reported Cage William Edwards had threatened the victim with a gun.  The recently released Arrest and Booking sheet gives details into the investigation and arrest of Edwards on October 20, 2017.  The incident occurred in the dorms located on campus at UNF.  Per the report, the victim states that he heard a knock on his door and when he answered the door the victim observed Edwards standing by the door holding a black semi-automatic handgun.  Upon the victim opening the door, Edwards pointed the handgun at the victim’s chest and pulled the trigger.  The victim describes hearing a clicking sound when the trigger was pulled.

The victim contacted a friend who lives a few rooms down through the social media outlet “Snap-Chat.”  At the victim’s request the friend came over to the victim’s dorm room.  While walking the friend passed by Edwards’ dorm room which had the door open.  The friend observed through the open door, Edwards with a lot of marijuana, money, and a black semi-automatic handgun in plain view on the floor.  After the friend arrived at the victim’s dorm room, the two decided to go to the on campus police station.

Upon arriving at the UNF police station the victim and friend told the officers what had happened and what they had each observed.  Further, the friend stated to the police that Edwards and the friend share “Snap-Chat,” videos online.  The friend was able to provide videos of Edwards smoking marijuana and possessing a black semi-automatic handgun in what appears to be the dorm room Edwards resides in.

UNF PD responded to Edwards’ dorm room and detained him.  Edwards’ gave consent to search the dorm room as well as Edwards’ motor vehicle.  The search revealed Marijuana in Edwards’ front pocket, a black box with marijuana residue, a glass pipe with residue, several baggies with marijuana residue, plastic jars with marijuana residue, several containers with marijuana residue, wax paper with marijuana residue, and a black gun safe.  When asked about the gun safe, Edwards stated that he did not have a key to access the safe.  Per the report, a firearm was not recovered by the Police.

UNF PD interviewed Edwards about the incident.  Pursuant to Florida’s public records law confessions or statements from suspects must be redacted.  It appears Edwards denied having the gun or anything illegal on campus when asked twice by the authorities.  The next part is redacted, which leads one to believe that some form of confession was made regarding either the marijuana or gun involved in the case.  It appears Edwards gave the name of “Yobi” as being a student at UNF, but not living on campus.  It is not clear at this time as to what “Yobi’s” involvement in the case is, or if a “Yobi” actually exists.

What is also not clear based on the report is any motive or explanation for Edwards’ actions.  It is unclear if the victim knows Edwards, or if there had been an ongoing dispute between Edwards and the victim.

After the search and interviews Edwards was arrested for Aggravated Assault with a Deadly Weapon, Possession of Less than 20 grams of Cannabis (Marijuana), and Possession of Drug Paraphernalia. Continue reading

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DRYWALL POWDER WRONGFULLY DETERMINED TO BE COCAINE BY FLAWED FIELD TEST

A Jacksonville.com story gives details into a tragic case in which an innocent man remained jailed for 90 days on suspicion of possession of cocaine.  The case is out of Oviedo, Florida near Orlando.  Karlos Cashe was pulled over by law enforcement for driving a motor vehicle without headlights.  During the traffic stop the officers used a police K9 to conduct a sniff of the vehicle to determine the presence of any illegal narcotics in the vehicle.  After a positive alert by the K9, a search took place in which a white powdery substance was recovered.  Cashe informed the officers numerous times that the powdery substance was drywall.  The officers however field tested the substance which tested positive for cocaine.  The story also clearly points out that the officers ran the background of Cashe and saw that Cashe was currently on probation for possession of cocaine and cannabis.  The officers knew any new arrest would suffice to violate Cashe’s probation.

Mr. Cashe was certainly at the mercy of system in his current arrest.  The way the system is set up is how an innocent man was forced to sit for ninety days behind bars.  When an individual is on probation and they violate their probation for what is considered a “new law violation,” they are not entitled to a bond.  Often times their bond will in fact be set at none.  In Cashe’s case he was forced to sit behind bars while the suspected cocaine was sent off to the Florida Department of Law Enforcement’s Chemistry lab for analysis.  Unfortunately for Mr. Cashe or anyone else in his  situation, the labs typically are backed up due too under funding and the sheer number of cases they are assigned.  As Cashe knew himself and tried to explain to the officers, the substance was not cocaine. This writer and many other defense attorneys are very skeptical of an officer stating that the drug dog “alerted” on the car.  Here, for example, has the dog been trained to alert on drywall powder? If not, what was causing the dog to alert? Who knows if the dog alerted at all?  Cashe most probably, based on this writer’s experience, aggravated the officers by not consenting to a search of his vehicle. If he had consented to a search, the drug dog and its handler would not have been called to the scene as they were not necessary.

HOW HE SAT IN JAIL 90 DAYS

So why did Cashe have to sit behind bars so long?  Case law has long been established that field test kits for narcotics are allowed to be utilized to determine probable cause to arrest an individual.  The simple fact that Cashe was on probation is why he was held with no bond.  The obvious questions that this blogger has start with the date on the Florida Department of Law Enforcement Chemistry report that exonerated Cashe.  I am certainly curious to know how much longer did an innocent Mr. Cashe sit behind bars after the report was completed.  Furthermore, how long was Mr. Cashe sitting behind bars before the suspected cocaine was even sent to the chemist?  These are all questions that will likely be answered in a non- criminal courtroom. Continue reading

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BURGLARS UNIDENTIFIED AT PRESENT BUT A CLEAR VIDEO RECORDING EXISTS

A recent News4Jax story is attempting to help catch to car burglars who were captured on home security surveillance system.  The report states that the car burglaries took place on Jacksonville’s Northside.  As is often common in car burglary cases, the car doors were unlocked.  The two men were recorded pulling on car handles, and if unlocked, the two would enter the cars and start rummaging throughout the cars looking for anything of value.  The story stresses to homeowners the importance of removing valuables from your motor vehicles as well as to make sure your car door are locked.

Car burglaries are becoming an all too popular crime.  They can certainly be labeled as a crime of opportunity in that the individuals committing the crimes almost always try and seek cars that have unlocked doors.  The crime is often referred to as “Car Hopping.”  The suspects often times pick areas with lots of cars such as an apartment complex or hotel parking lot.  It only takes one car left unlocked that contains a laptop, I-Pad, or law enforcement’s biggest concern, a firearm. Thefts and Car Burglaries also tend to rise in the summer time.  Law Enforcement typically blames the correlation on the amount of juveniles out of school for the summer.  It is typically a crime committed by juveniles and it is almost always committed with several juveniles working together.

The News4Jax story posted still shots captured on the security cameras of the individuals in the recent car burglary story.  The Jacksonville Sheriff’s Office will likely receive tips as to the two individuals based on the still shots.  Once identified, the Sheriff’s Office will likely seek a warrant from the State Attorney’s Office for their arrest.  The Sheriff’s Office will also have spoken to the owner of the cars to determine what personal property was stolen.  A pawn search can be conducted once the specific items are determined missing to see if any of the stolen property was in fact pawned.  A serial number is normally the easiest way to prove an item belonging to the victim was pawned.

The charges the two individuals face in the event they are properly identified is Burglary to a Structure or Conveyance, a third degree felony punishable by up to five years in prison and a $5,000.00 fine.  To prove the crime of Burglary to a Conveyance the State of Florida is required to prove two elements beyond a reasonable doubt.  First the State must prove that the suspect entered a conveyance owned by or in the possession of the victim.  Second, the State must prove at the time of entering the conveyance, the suspect had the intent to commit a crime within that conveyance.What is important to point out regarding the elements of the crime is that for someone to be found guilty of a burglary the State must prove an individual had the intent to commit a crime within the car.  The State will rely on the security camera showing the individuals rummaging through the vehicles as well as the victim’s testimony regarding what items are now missing from the car.  Continue reading

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FACES PRISON AND A LIFETIME OF SEX OFFENDER REGISTRATION

According to a recent article in the New York Times, former Democratic Congressman and New York City mayoral candidate, Anthony Weiner has entered a guilty plea to a federal charge of obscenity.  Weiner entered his plea in federal court, pleading to a charge of “transferring obscene material to a minor.”  The victim in the case was a 15 yr. old girl in North Carolina. The charge Weiner admitted guilt on carries a 10 year maximum prison sentence although the prosecutor stated a sentence of 21 to 27 months would suffice.  Weiner is not slated for sentencing until September.  If he is to receive a prison sentence the Judge may remand him into custody at that time or let him remain free to get his affairs in order.  In most of the Circuit Courts of Florida, if the defendant pleads guilty or no contest, with no agreed to sentence or conditions, this is called a “straight up plea.” The Court may sentence the defendant to the maximum sentence allowed by law and the defendant cannot simply withdraw his or her plea because of a sudden case of buyer’s remorse.   Also in Florida, if the defendant has no prior felony convictions, the Court will order a Pre-Sentence Investigation, or “PSI’ which is compiled by the Florida Department of Corrections.  In Juvenile Court, the same type of document is provided to the Court, however, it is called a Pre-Disposition Report, or “PDR” which is prepared by the Florida Department of Juvenile Justice. In a violation of probation case, the probation officer compiles a similar report. The reports focus on the defendant’s upbringing, family situation, drug and alcohol abuse history, education, criminal history, the facts involved in the case at hand(which is usually just a reiteration of the police report), any military service and employment history. These types of reports are prepared to give the courts a background on the defendant and they usually contain a recommendation in the last paragraph as to what the preparer thinks is an appropriate sentence.  The Judge is not bound by these reports or recommendations.

FORFEITED PROPERTY AND FACES LARGE FINE

The terms of the plea agreement show Weiner agreeing to forfeit his I-Phone and being exposed to a monetary fine ranging from $35,000 to $350,000.  The I-Phone is listed by the  serial number and is being seized as it was apparently the communications  device Weiner used to commit the crime.  Seizure and forfeiture of property is very common in Florida criminal cases.  Many times, at the scene of a crime, law enforcement will take a suspect’s phone into evidence. The officer will ask for consent to look into the phone.  If the suspect withholds consent to search, the officer still takes the phone, puts it into evidence and seeks a warrant allowing the contents of the phone to be examined.  It is this writer’s experience, large amounts of cash and nice vehicles are also commonly seized and subject to a civil forfeiture if they can any way be linked to the commission of a felony.  Many firearm or gun crimes cases, for example, are reduced by the filing state attorney to lesser charges; however, any firearm involved in the crime and maybe any other firearms owned by the defendant are typically forfeited as part of the negotiations.  In some of the larger employee theft or embezzlement cases, whatever the defendant has in a 401k retirement account is commonly used in negotiations in a effort to make an up front paydown on the restitution owed. Continue reading

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JACKSONVILLE SHERIFF’S OFFICE ANNOUNCES THE ARRESTS OF 21 MEN SOLICITING MINORS

Jacksonville Sheriff’s Office Sheriff Mike Williams held a press conference on May 16, 2017 to announce the arrest of 21 males during an undercover sex sting.  Operation “Watchdog” ran from May 5 through May 8.  The males arrested ranged in age from 21 to 61.  The operation was run by a Joint Task Force including the Jacksonville Sheriff’s Office, the St. Johns County Sheriff’s Office, Putnam County Sheriff’s Office, the Florida Department of Law Enforcement, the Orange Park Police Department and the State Attorney’s Office.  These types of operations are commonly referred to as “To Catch a Predator,” based on the once popular television show.

The sting was run like many others.  Detectives pose on certain social media websites as under age males or females.  While on the websites conversations take place between the undercover detectives and the potential predator.  What will be clear in the conversation is the young age of the individual the undercovers are pretending to be.  In the most recent sting, the undercovers posed as 13 or 14 year old females or males.  In each of the 21 arrested individuals, some promise of sexual intercourse or sexual activity with a minor were promised before the suspects traveled to the target location.  Once the individuals arrived at the target location, they were taken into custody.  Although not detailed in the news reports, it is common for the undercovers to request that the suspects bring special items to the meeting place.  Specific alcohol, candy, food, or even sex props or toys are often thrown out as requests by the undercovers.  This is a great piece of evidence for the State of Florida.  When a suspect is specifically asked to bring a six pack of watermelon wine coolers to drink before sexual activity, and the suspect shows up with that specific request, it is hard for the suspect to explain.

A broad range of individuals were arrested as a result of the most recent operation.  Kyle Parmenter is a 24 year old teacher’s assistant from Palencia Elementary School.  His arrest on these charges certainly disturbed several parents of Palencia Elementary School as several were interviewed by local news outlets.  Many parents questioned the hiring process  that allowed an individual like Parmenter to work with children on a daily basis.  According to a Florida Times Union report, Matthew McCance of Jacksonville sent two nude photographs of a couple having sex to whom he believed was a 13 year old child.  Jerry Ruis is a 52 year old male who traveled all the way from Snellville, Georgia.  The troubling fact regarding Ruis, is that he is currently on Sex Offender Probation for molesting a child in the past.  Abdulrahem Alkaedei is a 25 year old male who is a student at the University of North Florida, who’s listed address is on campus living.  These operations clearly show that predators do not all fit the same mold or walks of the life.

The report also gives details regarding the difficult take down of Cody Thatcher, a 21 year old from the Arlington area.  Thatcher attempted to flea arrest and used his own motor vehicle to ram three separate detectives cars.  Thatcher was charged with three additional counts of Aggravated Battery against a Law Enforcement Officer, Fleeing or Attempting to Elude Law Enforcement, and Resisting an Officer with Violence. Charges such as these usually indicate a danger to the community in the minds of the judges setting bonds, and the bonds tend to run high even though these suspects as a group, usually have minimal criminal histories.   On the back end of these cases, if convicted, one faces prison time followed by a lifetime of registration as a sex offender.  Also, after incarceration, most courts will impose a period of sex offender probation, which in Florida, is the most restrictive probation there is.  Most state attorney offices assign only career or senior prosecutors to seek justice in sex cases, usually on behalf of a victim.  These sometimes called “traveller” cases never involve a victim, no child or adolescent exists and therefore, there’s no touching.

The Very Serious Charges that the 21 Face

All 21 of the individuals face similar charges.  The common charges are traveling to meet after using a computer to lure a child, solicitation of a child via computer to engage in sexual contact, and unlawful use of a two way communication device.  The majority of these charges are found under Florida State Statute 847 titled Obscenity.

To prove the crime of traveling to meet after using a computer to lure a child, the State of Florida will be required to prove beyond a reasonable doubt that a person who knowingly used a computer online service, internet service, local bulletin board service, or any other device capable of electronic data storage or transmission to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice, a child or another person believed by the person to be a child, to commit any illegal act described in Chapter 794, 800, 827 (lewd behavior, sexual battery, etc.), or to otherwise engage in any unlawful sexual conduct with a child or with another person believed by the person to be a child.  Anyone who violates this chapter will face a third degree felony punishable by up to five years in prison, however if any of the individuals falsely represented their own age as a minor, the charge is enhanced to a second degree felony, punishable by up to fifteen years in prison.

An important fact that must be proven in each of these cases is the age the undercovers pose as.  It must be proven beyond a reasonable doubt the age of the individual the suspect is speaking with.  The detectives will record the entire conversation whether it is typed, texted, emailed, or spoken.  A key piece of evidence will be the dialogue discussing the age of the child.  It has been this writer’s experience in the past that this “age” will be made abundantly clear.  Since the suspect has no idea they are actually speaking with an undercover, they often times speak openly and in detail about the individuals age.

To prove the crime of Traveling to Meet a Minor, the State of Florida must show that a person traveled any distance either within this state, to this state, or from this state by any means, who attempts to do so, or who causes another to do so or to attempt to do so for the purpose of engaging in any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in other unlawful sexual conduct with a child or with another person believed by the person to be a child after using a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission to seduce, solicit, lure, or entice or attempt to seduce, solicit, lure, or entice a child or another person believed by the person to be a child, to engage in any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in other unlawful sexual conduct with a child.  Traveling to Meet a Minor is very similar to the Utilizing a Computer Device to Solicit a Minor, it simply adds in the fact that an individual traveled somewhere to do so.  It is fairly simple for the State to prove the element of travel.  For starters clearly the suspect is not in the room with undercovers.  Secondly, the take down team can easily testify to how the suspect arrived at the target location.  One big difference though is regardless of the age the suspect states, this charge is a second degree felony, punishable by up to fifteen years in the Florida State Prison.

The unlawful use of a two way communication device is commonly used when charging narcotics or drug dealers.  However when one reads Florida State Statute 934.215 the charge clearly fits right into these sting operations.  The Statute reads, any person who uses a two-way communication device, including, but not limited to, a portable two-way wireless communications device, to facilitate or further the commission of any felony offense commits a felony of the third degree, punishable by up to five years in the Florida State Prison.  Here the State of the Florida will first prove in court that the suspect committed a felony under Florida law.  Once that has been established the State of Florida will easily show that the suspect used their cell phone to commit the felony.

What do you do if you or a Loved One are Facing Similar Charges

Almost all Northeast Florida criminal defense attorneys offer free consultations or jail visits. If you or a loved one are facing Charges of Using a Computer to Entice a Child, Traveling to Meet a Minor, or any other sexually motivated charge such as Sexual Battery, Lewd or Lascivious Behavior/Act or are facing Violations after the fact such as Failure to Register, Failure to Comply with Sex Offender Registration Requirements or Violations of Probation, don’t hesitate to contact an  experienced criminal defense attorney. The Forbess Law Firm, 904-634-0900, offers free, no obligation appointments and jail visits.  Further if you or a loved one have a pending warrant in Duval, Clay, Nassau, St. Johns, Baker, or Putnam County an experienced lawyer can help negotiate your surrender to law enforcement and protect your constitutional rights at the time of arrest and subsequent interview attempts by  law enforcement officials.

 

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Local Mother Arrested for Stealing at Publix While Leaving Young Son in the Car

A recent News4Jax report gives details into the arrest of Lindsay Pence for Petit Theft and Child Neglect.  St. Johns County Deputies were first dispatched to a Publix parking lot based on a 911 call for an unattended boy in a car.  A review of the St. Johns County Sheriff’s Office report gives greater details into the criminal episode.

The Deputies located Pence’s six year old son inside of a honda civic, with the vehicle running, and all of the doors unlocked.  Pence exited the store ad came in contact with Deputies at her car.  Pence stated that the child had been crying and “she did not want to deal with the issue inside of the store.”  It is common during child neglect investigations for law enforcement to establish a time line.  How long a child is left unattended is an important fact for the future prosecution cases similar to Mrs. Pence.  To establish how long Mrs. Pence left her six year old son unattended the Deputies simply went inside of Publix to review the security camera footage.

A review of the cameras revealed that Mrs. Pence was inside of Publix for close to thirty minutes.  For thirty minutes, a six year old sat in a motor vehicle alone, with the doors unlocked and the motor running.  At any moment the vehicle could have been stolen, the young child kidnapped, or worse.  It was concerning enough for a passerby, likely another Publix shopper, to alert Law Enforcement to the situation.  Unfortunately for Mrs. Pence, the camera footage also revealed evidence of an additional crime.

While inside of the store Mrs. Pence also committed the crime of Petit Theft, commonly referred to as stealing.  The camera footage showed that Mrs. Pence took out a Publix shopping bag she had  in her possession and placed several items inside of the bag while walking around the store.  Pence then exited the store, past all points of sale without paying for the items.  The total amount of stolen items totaled $33.88.  The items listed as stolen in the Police Report are certainly an unusual combination.  Deodorant, watermelon chunks, salmon sushi, and Kingsford charcoal are all listed as items recovered from Pence.

It is not clear whether Publix would have ever discovered that Pence had stolen from their store if the Deputies had not reviewed the security footage to gather evidence during the child neglect investigation.

The Charges Pence Faces

Pence was arrested for Child Neglect and Petit Theft.  The State Attorney’s Office added an additional count of “Unattended Child in a Motor Vehicle in Excess of Fifteen Minutes.”

Florida State Statute Chapter 827 deals with the abuse of children.  Included in this chapter are the definitions of crimes such as Aggravated Child Abuse, Child Abuse, and Child Neglect.  Neglect of a child is defined as a caregiver’s failure or omission to provide a child with care, supervision, and services necessary to maintain the child’s physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that prudent person would consider essential for the well-being of the child; or a caregiver’s failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another person.

To prove the neglect charge clearly the State of Florida will rely on the 911 caller to describe what the caller saw, the condition of the child, that no one was around, and that it was alarming enough to call 911.  The Deputies would next testify to the time the child was left alone based on the security footage. The Child Neglect charge Pence faces is a third degree felony, punishable by up to five years in the Florida State Prison. Continue reading

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Two Shoplifters Arrested After Getaway Car Flips

A News4Jax story details the arrests of Khadrede Brown and Cheneta Duffy on March 25, 2017.  Brown, Duffy, and third suspect yet to be identified, entered into a Victoria’s Secret store inside of the Orange Park Mall.  Once inside, according to reports, Brown distracted an employee while Duffy and the other woman began taking items off of hangers and placing the items inside of their purses.  The merchandise is estimated to be valued at over $700.00.  Police were notified of the theft and upon arrival saw Duffy and the third suspect inside of a vehicle that quickly sped away, running a stop sign in an effort to flee from police.  The car attempted to negotiate a sharp turn and overturned onto its roof close to Wells Road.  Duffy was taken into custody however the third individual fled on foot and is still at large at this time.  Brown was taken into custody after a security guard located Brown’s purse full of stolen Victoria’s Secret merchandise.  A further search of the purse revealed marijuana and a marijuana grinder.  The stolen merchandise was returned to Victoria’s Secret.Brown was charged with retail theft of $300 or more coordinating with others (third degree felony), possession of less than twenty grams of cannabis (first degree misdemeanor), use or possession of drug paraphernalia (first degree misdemeanor) and possession of anti-shoplifting device countermeasure (third degree felony).

Duffy was charged with retail theft of $300 or more coordinating with others (third degree felony), resisting or obstructing an officer without violence (first degree misdemeanor), possession of an anti-shoplifting device countermeasure (third degree felony).  A review of Duffy’s name shows she is also currently out on bond in two separate Duval County cases, one for driving while license suspended or revoked as a habitual traffic offender (third degree felony) and the second case for grand theft (third degree felony) and resisting while committing theft, transit fare evasion, or trespass (first degree misdemeanor).  A review of Duffy’s arrest report on the Duval Grand Theft case shows that she is charged with entering a Belk’s Department store and placing close to $500.00 worth of merchandise into her handbag and attempting to leave the store without paying.  In the Duval case, Duffy is also alleged to have committed the crime with an accomplice.

Analysis of the Charges

The Clay County cases utilize a Florida Statute designed to crack down on groups of people committing crimes together.  The State of Florida will likely file a simple grand theft count instead of the retail theft charge as it is easier for the State to prove the elements of the crime.  Theft crimes are defined in Florida Law under Chapter 812 of the Florida Statutes.  A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use the property of another with intent to, either temporarily or permanently deprive the other person of a right to the property or a benefit from the property.   The seriousness of the offense is determined by the amount in dollars of what is alledged to have been stolen.  If the amount is under $100 the charge is petit theft, a second degree misdemeanor punishable by up to sixty days in the county jail.  If the amount is between $100 and $300 the charge is also a petit theft, but tunes into a first degree misdemeanor punishable by up to one year in the county jail.  If the amount is above $300 the charge is a third degree felony punishable by up to five years in prison.  It is quick to see how stealing a larger amount can end in a much more severe punishment. What is also important to notice regarding the way the law is written is even those who place items in their purses who never leave the store can still be charged with theft.  The State can rely on the language of “temporarily depriving” to still convict those caught in the act of stealing.  Commonly those charged with theft crimes feel that if they have not completed the crime they shouldn’t be guilty of theft, however the Florida law clearly contradicts that thought process. Continue reading

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JSO RELEASES DETAILS OF MONTH LONG DRUG OPERATION

A recent News4Jax report gives details into a four month operation in the Oceanway area of Jacksonville’s Northside.  The operation targeted narcotics violations ranging from simple misdemeanors up through first degree felony drug trafficking charges.  The operation was nicknamed “Lockdown in O-Town.”  Sheriff Williams stated the operation was a result of several complaints from residents of drug activity in the Northside area of town.

Williams stated that the investigations focused JSO undercovers on four areas in which narcotics detectives even spent nights sleeping in hotels on Dunn Avenue to build relationships with known drug dealers in the neighborhood.  The narcotics purchased or seized by the Jacksonville Sheriff’s Office included methamphetamine, powder cocaine, crack cocaine, heroin, several different forms of prescriptions pills, and marijuana.  Four structures were condemned by the Jacksonville Sheriff’s Office DART team.  One structure was a methamphetamine laboratory.  Motor Vehicles and other property were seized and will be handled by the Jacksonville Sheriff’s Office forfeiture unit.  Sheriff Williams stated in what must clearly be taken out of context that all of these individuals were predators taking advantage of addiction and that these people were arrested for dealing. The press release contained several mugshots of those arrested as well as their charges.  Several people were not arrested for dealing, in fact several were arrested for simple possession, one man even for Resisting Arrest Without Violence, a first degree misdemeanor.  Perhaps the individual resisting arrest was a drug dealer, perhaps not, however the Sheriff certainly labeled the entire operation as a bunch of dealers.  The point of the press conference is certainly showing the public that we, the police, took these 60 drug dealers of the street, however a review of the cases sheds different light on what actually happened.

REVIEW OF SOME OF THE CASES

Since Florida has a very broad and open book policy on Public Records any citizen can access information regarding what actually happened in these cases, at least from reports generated by the Jacksonville Sheriff’s Office.

One man arrested, Clifford Williams, was charged with possession of drug paraphernalia.  He was arrested back on December 6, 2016.  In first appearance court he plead no contest, and was released based on time he had already served and assessed court fines.  Clearly, this is not an individual targeted in this large scale multi month operation; however, in the ever apparent numbers game, Mr. Williams name and mugshot have been added to the press release.

Amber Lambert was arrested on December 6, 2016 for four counts of possession of a controlled substance (third degree felony) and one count of possession of paraphernalia (first degree misdemeanor).  A review of her arrest report shows Jacksonville Sheriff’s Office executed a search warrant and located Lambert and a co-defendant in a room along with Heroin, Fentynol, Cocaine, Crystal Meth (Methamphetamine), and drug paraphernalia.  Lambert and the co-defendant denied any knowledge of the narcotics found.  Lambert’s case was dropped by the State Attorney’s Office on December 28, 2016.  The likely legal issue in Lambert’s case is how could the State of Florida prove Lambert’s knowledge of the illegal narcotics located by the Sheriff’s Office.  Based on the arrest report, JSO would not be able to prove possession of any of the narcotics in regards to Lambert.  The co-defendant’s case remains open at this time.  The difference in the co-defendant’s case may be the basis for the search warrant.  Often times narcotics detectives purchase drugs from a house over a period of time.  From there they will apply for a search warrant to raid the home of the drug dealer.  If narcotics detectives have previously purchased drugs from an individual it can be used as knowledge of the presence of illegal drugs at the time the search warrant is issued.  The co-defendant’s arrest report is not currently available, so it is unclear what theory the State of Florida is proceeding under at this time. Continue reading

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RECENT NEWS REPORTS DETAIL THE RECENT ARREST OF WILLIAM SHEPARD ELLISON

Ellison who owns Shep’s Discount Furniture on Normandy Boulevard and Shep’s Chicken and Auction House on Beaver Street, was in the news last year upon his arrest for Trafficking in Hydrocodone and Possession of a Firearm by a Convicted Felon.  Those charges arose out of a Florida Department of Law Enforcement raid on Eillison’s home and business pursuant to a search warrant.  Those charges were later dropped by the State Attorney’s Office.

The recent arrest, per the reports, is out of a long term, two state, multi county, investigation by Florida’s Attorney General’s Office.  Ellison turned himself into Orange County law enforcement authorities on a $1.5 Million Dollar Warrant.  The details regarding the investigation are still coming into news outlets but what has been reported thus far is the Ellison’s two stores were utilized as  clearing houses for stolen merchandise.  Some of the items sold by Ellison were beer, power tools, appliances, and energy drinks.  The merchandise was stolen from semi-trucks and containers in Georgia and Florida and brought to Ellison for re-sale.  The total value of the merchandise is estimated at over one million dollars. Florida Attorney General Pam Bondi personally held a news conference announcing the arrest of Ellison as well as two other men, Pedro Hernandez and Lewis Dominguez.  A fourth man, Juan Carlos Castaneda Quintana is currently at large according to authorities.  News4Jax and The Florida Times Union have both reported on the recent arrest of Ellison.

THE POTENTIAL CHARGES ELLISON FACES

Ellison certainly faces an uphill battle regarding his charges.  In any Racketeering (RICO) case the State of Florida will build in certain predicate acts to prove the RICO charge.  Each violation of Florida Law may be added as charges against Ellison as the additional charges show the ongoing criminal activity. In Florida Racketeering Activity means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce, or intimidate another person to commit any crime that is chargeable by petition, indictment, or information under several of the Florida Statutes, to include theft, dealing in stolen property, and schemes to defraud.  The State of Florida is required to prove that the pattern of racketeering activity, happened on at least two incidents of racketeering conduct that have the same or similar intents, results, accomplices, victims, or methods of commission or that otherwise are interrelated by distinguishing characteristics and are not isolated incidents.

The State of Florida will rely on each individual illegal act committed by Ellison.  The largest charge jumping out at the reading of the news stories is the charge of dealing in stolen property under Florida State Statute 812.019.  Dealing in stolen property is defined as “Any person who traffic in, or endeavors to traffic in, property that he or she knows or should know was stolen shall be guilty of a felony of the second degree.”  For Ellison and the others mentioned earlier, each time stolen merchandise was brought to Ellison for Ellison too in turn sell through his stores, a separate dealing in stolen property charge can be added.  Every time Ellison knowingly purchased stolen property he committed a second degree felony punishable by up to fifteen years in Florida State Prison.  Further each time Ellison sold the stolen merchandise he committed an additional dealing in stolen property.  The State of Florida will take each of the sales of merchandise among the individuals charges as predicate offenses to the racketeering.

Although Ellison appears to be the clearing house for all of the stolen merchandise, if the State of Florida has evidence that Ellison orchestrated the stealing of the merchandise to begin with, Ellison may further be charged with Grand Theft under 812.014 of the Florida Statutes.  A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently deprive the other person or a right to the property or a benefit from the property.  Even if Ellison himself did not physically steal the trucks, if he orchestrated it, encouraged it, or enticed others to do it, the principal theory under Florida law would allow Ellison to also be charged with the Grand Theft charges.  Ellison may face a first degree felony punishable by up to thirty years in prison based on the amount of stolen property being greater than $100,000.00.

Racketeering in and of itself is set up in a manner to take down an entire criminal enterprise.  The initial cases against the Mafia utilized at the time the new Racketeering laws.  The heads of the Mafia families, although personally not committing the crimes themselves, benefited from the illegal activity.  In the case of Ellison, it appears he was also a willing participant in the criminal activity. Ellison, although arrested on very serious charges on what is setting itself up to be a high profile prosecution by Attorney General Pam Bondi’s office, is entitled to the presumption of innocence and to have his attorneys confront his accusers by taking the case to a jury trial.  Continue reading