FLORIDA SEX OFFENDER ARRESTED ON GUN CHARGES IN 8 YEAR OLD CHILD’S DEATH

Duval Man Arrested for Gun Charge in Case Involving Deceased Five Year Old

A thirty four year old man has been arrested and charged with Possession of a Firearm by a Convicted Felon after an investigation into a murdered five year old girl.  According to a news report,  the incident occurred on Saturday, February 4th at the Roosevelt Garden Apartments.   Before the incident occurred a mother went to the store leaving her eight year old son, five year old daughter, and four year old neighbor alone in the apartment.  During this time the eight year old accidentally shot a gun tragically killing his five year old sister and wounding the four year old neighbor.

The Investigation Lead to the Arrest of Maurice Antonio Mobley

The Jacksonville Sheriff’s Office Homicide Unit conducted an investigation as to what occurred to leave an innocent five year old dead at the hands of her eight year old brother.  Certainly a question that needed to be answered is why were the three minors left in an apartment alone, and how on earth did an eight year old get his hands on a firearm.  Based on the recent arrest of Maurice Antonio Mobley, it is clear that Jacksonville Sheriff’s Office is placing the blame on Mobley for bringing the firearm into the apartment.  Based on the reports, Mobley was not present during the tragic shooting, however it is clear that someone saw Mobley possess the gun in the past.  More than likely the mother of the deceased five year old told Jacksonville Sheriff’s Office that the gun belonged to her boyfriend.  Jacksonville Sheriff’s Office would then run the background of Mobley and discovered he is a multiple time convicted felon as well as a Registered Sex Offender.

Warrant and Hold for Sex Offender Registration Violation

Mobley surrendered himself to Jacksonville Sheriff’s Office on a $200,000 warrant.  Florida Department of Law Enforcement also placed a hold on Mobley for violating Sex Offender Requirements.

Weapons and Firearms Violations are governed by Florida State Statute Chapter 790.   The specific section that Mobley will face is 790.23 Felons and Delinquents; Possession of Firearms, Ammunition, or Electric Weapons or Devices Unlawful.  The State in Mobley’s case will be required to prove beyond a reasonable doubt that Mobley had in his care, custody, possession, or control any firearm, ammunition, or electric weapon or device and that Mobley has previously been convicted of a felony in the courts of this State or previously been found guilty of an offense that is a felony in another state that was punishable by imprisonment exceeding one year.

Since Mobley was not present during the shooting, the State will rely on witnesses who can state they have seen Mobley with the firearm.  If the mother states that the firearm belongs to Mobley, and that Mobley brought the firearm into the Apartment, a jury may convict Mobley if that witness is believable.  Evidence that Mobley brought the firearm into the apartment himself shows that the firearm was in the care, custody, and possession of Mobley.  Jacksonville Sheriff’s Office Crime Scene Detectives also will have preserved the firearm for potential DNA and Fingerprint Analysis.  Since Mobley is multiple time convicted felon, his DNA and Fingerprints will already be on file with Law Enforcement databases.

A public search of Mobley’s name on Florida Department of Corrections Website shows that he was released from Florida State Prison on September 25, 2011 for Failure to Comply with Sex Offender Requirements.  Mobley became a Registered Sex Offender based on his plea in 2001 to two counts of Lewd or Lascivious Act in the Presence of a Child less than Sixteen Years of Age.  A search of Mobley’s name on the Florida Sexual Offender and Predators website shows Mobley’s home address as 3928 Fouraker Rd, which is not the address of the Roosevelt Garden Apartments.  The Florida Department of Law Enforcement hold likely arises out of the same investigation as the firearm charge.  Pursuant to Florida State Statute 943.0435 is a requirement of all sex offenders to report in person at the Sheriff’s Office in the county in which the offender establishes or maintains a permanent, temporary, or transient residence within 48 hours after establishing permanent, temporary, or transient residence in this State.  One can assume during the investigation is was revealed that Mobley was residing in the apartment where the shooting took place for some time.  As soon as Mobley established residency in the apartment, he should have gone down to the Sheriff’s Office and registered his new address.

Possession of a Firearm by a Convicted Felon, a “PFCF”

The Possession of a Firearm or Ammunition by a Convicted Felon is a second degree felony, punishable by up to fifteen years in Florida State Prison.  If the State of Florida feels confident in their witnesses or DNA and or fingerprints belonging to Mobley come back on the firearm, the State may elect to file the charges as “Actual Possession,” under Florida’s 10/20/Life laws.  If “Actual Possession” is filed against Mobley he will face a three year minimum mandatory on the Firearm charge.  The lowest prison sentence a Judge would be allowed to sentence Mobley to is three years, day for day, with no early release.  The State of Florida holds all the power to make the decision to file “Actual Possession,” in a case like this.

The Failure to Register as a Sex Offender or Failure to Follow Sex Offender Requirements is a third degree felony in the State of Florida carrying a maximum of five years in Florida State Prison.  Since the two crimes Mobley faces are not necessarily related to one another, the Judge can elect to run the potential sentences consecutive to one another, giving Mobley a combined maximum sentence of twenty years in Florida State Prison.

Anytime a young child dies for a senseless reason such as an adult not securing his firearm, combined with the fact that Mobley is not allowed to possess a firearm in the first place, is certainly a case in which the State of Florida may ask for consecutive sentences.

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 Firearms (Gun) related charges or Failure to Register or Failure to Comply with Sex Offender Registration Requirements, 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 with Law Enforcement Officials.