Articles Posted in Violent Crimes

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Kosovo born and now Tampa Bay area resident Sami Osmakac was found guilty last week of the federal crime of attempting to use weapons of mass destruction and knowingly possessing a firearm not registered to him in the National Firearms and Transfer Record. Osmakac’s case received national attention in 2012 when he was indicted after posting videos on YouTube, declaring his intention to blow up highly populated Tampa areas including Hyde Park and Ybor City and then subsequently purchasing non-functioning weapons from undercover FBI agents. According to Tampa news reports, Osmakac claimed to want to set off a car bomb near Macdinton’s Irish Pub in south Tampa as he claimed the area of Macdinton’s is a stomping grounds for sinners and homosexuals. Osmakac cited revenge for the deaths of Osama bin Laden and Anwar al-Awlaki as his rationale for his planned destruction. In spite of his Tampa Federal criminal lawyer’s argument at trial that Osmakac was an easy target for an overzealous law enforcement agency and that he was entrapped as a result, the Tampa federal jury came back guilty on both counts in the 2012 indictment.

While Osmakac wasn’t charged under a terrorism related statute, what he was indicted for is commonly used when one is suspected of committing or attempting to commit a terrorist act on American soil. Specifically a charge that one has attempted to use a weapon of mass destruction requires the Federal government to prove the following:

1. That the Defendant attempted to use a weapon of mass destruction against any person or property within the United States;

2. that the Defendant did not have lawful authority to use the weapon of mass destruction; and

3. the mail or any facility of interstate or foreign commerce was used to further the offense or the property was used in interstate or foreign commerce or in an activity that affects interstate or foreign commerce or any perpetrator traveled in or caused another to travel in interstate or foreign commerce to further the offense or the offense, or the results of the offense, affected interstate or foreign commerce or the offense would have affected interstate or foreign commerce.
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Meet Patricia Ann Jamison. Ms. Jamison was recently accused of the odd act of pooping in a courthouse elevator and subsequently arrested for the same event. According to a Huffington Post story, on March 7, 2013 security staff at the St. Lucie County Courthouse was notified that there was a mysterious pile of poop located in the corner area of a public elevator. When Security investigated this crime scene, to their dismay lay a steaming pile of pew poo thought to be left by a human animal. Security staff consulted security video of individuals coming in and out of the elevator in question and noticed that Ms. Jamison was the last to enter the elevator prior to the poo appearing and first to leave. Specifically and possibly the damning piece of the puzzle for her criminal lawyer to deal with, Jamison was witnessed before the elevator doors closed to “pull her pants down and back up toward the interior elevator buttons consistent with someone using the bathroom.” Ultimately when the elevator arrived on the first floor of the courthouse Ms. Jamison was witnessed “fixing her pants and pulling her shirt out of her pants as if she pulled her pants up over her shirt.” After she was alleged to have pooped in the elevator Ms. Jamison then made her way to her criminal defense attorney‘s office where she was ultimately identified based on her signing in to her attorney’s office.
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Video of former Tampa Police Captain Curtis Reeves, Jr. shooting and killing local man Chad Oulson will be viewed in open Court according to Pasco County Circuit Judge Pat Siracusa. Reeves Jr. has been charged with second-degree murder for his actions. Several media outlets have requested footage of the video. Pasco County Prosecutors sought a Judicial order prior to turning over footage of the alleged second degree murder citing Florida Statute 406.136, a statute that makes it a third degree felony to turn over footage of a “killing of a person” to a third party not enumerated within the statute. The Statute was created to protect the families of victims from further emotional damage.

In this instance, the Florida statute’s restrictions tend to conflict with Section 21 of Florida’s Constitution. Section 21 states, “[t]he courts shall be open to every person for redress of any injury, and justice shall be administered without sale, denial or delay.” This Florida Constitution clause is in accord with the Sixth Amendment of the United States’ dictate that a defendant is entitled to a “public trial by an impartial jury.” Traditionally this clause has been interpreted to allow for spectators to observe Court proceedings unless the excess publicity would serve to undermine the defendant’s right to due process.” Sheppard v. Maxwell, 384 U.S. 333 (1966).
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19-year-old Canadian pop star Justin Bieber was arrested early this morning by Miami Beach police for allegedly driving with an expired driver’s license, DUI, and resisting arrest without violence, all misdemeanors. According to Officer Medina’s Complaint/Arrest affidavit Bieber was observed in a yellow Lamborghini racing or at least “start a contest of speed (drag racing) from a start” with an accompanying red Lamborghini. Officer Medina claims two large black SUVs were following the Lamborghinis in an effort to block off traffic to facilitate the race. Upon detainer Bieber is said to have questioned why he was stopped while emanating an odor of alcohol, was slow and deliberate in his movements and had bloodshot eyes. After becoming rather nasty with responding officers Bieber is alleged to have resisted the investigation leading to his arrest. In spite of his arrest Bieber is said to have advised that he was not drunk and that he was coming back from recording music at a studio. Officers were not “beliebers” and arrested the pop prince anyway.

I’m not a fan of Justin Bieber. I don’t know what he sings but even if I did I don’t think my taste in music is the same as my 6 year old niece’s or that of a 15 year old high school sophomore’s. I’m sure he’s great in his own right and if he wants to gift me a few million who am I to be rude and say no? All that said, I’d love to defend him on his recent snafu as this case may present some issues to huff and puff over. Will the huffing and puffing blow the case down? Probably not but it could provide leverage to free The Biebs on lesser charges. Lets start with the resisting arrest without violence charge.
Officer Medina claims in his Complaint/Arrest Affidavit that Bieber was pulled over for “drag racing with the other Lamborghini.” In other words, his reasoning for detaining “The Biebs” was reasonable suspicion that a crime had been committed. Upon detainer Officer Medina asked the Canadian sensation to step out of his car and allow for a safety pat down. Officer Medina tried to effect this brief search for weapons and contraband and Bieber bucked, leading to his pulling his arms away after Officer Medina elected to cuff Bieber, likely more so for being a smartass than anything else.

In Florida to support a finding of guilt for the offense of resisting arrest without violence, “the state must show: (1) the officer was engaged in the lawful execution of a legal duty; and (2) the action by the defendant constituted obstruction or resistance of that lawful duty.” See S.G.K. v. State, 657 So.2d 1246, 1247 (Fla. 1st DCA 1995). See also Jay v. State, 731 So.2d 774, 775 (Fla. 4th DCA 1999). In this case the State would argue that the Officer was engaged in a legal duty of his racing investigation and Bieber wouldn’t submit to a brief pat down. J-Beebs then pulled his arms away when the pretty bracelets came out. It’s not necessary that the underlying criminal activity providing the basis for the arrest result in a charge or conviction; it is only necessary that the officer has a founded suspicion of criminal activity to make the detention. See State v. Dwyer, 317 So.2d 149, 150 (Fla. 2d DCA 1975). In other words, the “[f]acts constituting probable cause [for an arrest] need not meet the standard of conclusiveness and probability required to support a conviction.” See Seago v. State, 768 So.2d 498, 500 (Fla. 2d DCA 2000). Officer Medina had reasonable suspicion to investigate the racing charge. As he was doing so, Bieba Baby resisted.
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Heisman Trophy candidate Jameis Winston finds himself in both a National Title race and also subject to an allegation that he sexually assaulted a Florida State University student in December of 2012. Since this story broke it has been at the forefront of the college football world and has consumed the minds of many Florida State fans. With attention, rumors and allegations are bred, some conceivable, others absurd. The outcome will shake out how it may and at the end of the day, the truth must be found so justice is served. With what is known as of the time of writing this blog, there doesn’t seem to be enough evidence to make a filing decision. If that’s the case, it’s hard to imagine charges being filed.

Everyone that knows me, knows well that I am a Florida State Alum and a huge Florida State football fan. My Saturdays revolve around it, plain and simple. I love my Noles to a fault and I’m a cranky fan. I get made fun of for living and dying on every play and like the Chicago Bear superfans I have had numerous tiny heart attacks caused by my team. No doubt I’m at a baker’s dozen by now. That being said, before you start barking that this blog will be biased, even if Mr. Winston were a Gator or Hurricane, my opinion on this investigation would be the same. Considering the evidence known at the time of this blog (This is important folks. I’m writing based on what’s known at the time of posting this blog) it doesn’t seem to me there is a case against Mr. Winston for criminal sexual assault.

At the time of this blog there is nothing more than an allegation that Jameis Winston sexually assaulted a young woman in Tallahassee. The journey from allegation to proof beyond and to the exclusion of any and all reasonable doubt is long. State attorney Willie Meggs has said, and he’s correct, that there must be a “reasonable likelihood of conviction” to bring a criminal charge. In spite of the fact that Winston’s DNA was found on the property of the alleged victim, more is needed to show that a sexual battery occurred. Necessarily under FS 794.011(5), Florida’s sexual battery statute as it would apply to this case, there has to be some showing that there was no valid consent. As a general rule, proof of no consent is offered by showing that a rape kit was performed and that there is medical opinion of injury to the victim, amongst other items of evidence. If this exists it could be damning for Winston. His DNA, coupled with medical opinion that the alleged victim’s body was injured would be a mountain to overcome for the even the best criminal attorney. Conversely, if the victim chose not to seek medical attention or if a medical evaluation reflected no signs of injury, this would benefit Winston. If an eyewitness saw the sex act this would be relevant for either side, depending on the observations. Was there a sexual relationship between the parties before and after the alleged incident and what was the nature of that relationship? If the answer is yes, and that relationship continued after the alleged act, this fact would help Winston as it could be argued that no one who was actually assaulted would go back to the person that victimized him or her. Following with the idea of a relationship between the two, are there pictures of them together after the alleged incident? If so, this damages the State’s case.
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Tampa man, Darrell Strong was charged with discharging a firearm in public, aggravated assault with a firearm and burglary for the purpose of a battery after firing at another man in the parking lot of the Tampa Home Depot located on Dale Mabry Highway. According to police reports, Raymond Lindstrom of New Port Richey was leaving the parking lot of the Home Depot and drove too closely to Strong’s wife’s vehicle, making it difficult to pass safely. As Lindstrom and Strong’s wife passed, a verbal altercation occurred through each of their windows prompting the intervention by Darrell Strong. Darrell Strong and his friend John Christian confronted Lindstrom, who remained in his vehicle. An argument escalated and eventually a fight broke out as Lindstrom was still in the driver’s seat. Lindstrom ultimately drew his concealed firearm leading to Strong and Christian attempting to take it from him. Strong and Christian then ran to their vehicles to retrieve a firearm as Lindstrom attempted to leave the parking lot but had to drive back by the two men due to Lindstrom’s lane dead ending. As Lindstrom drove back by the two men, Strong fired two shots at Lindstrom. Police estimated approximately 12 people were between Strong and Lindstrom when the shots were fired.
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Certain selected residents of Orange County, FL are potential jurors for the First Degree Murder trial of accused Police Officer killer Dontae Morris. Morris is scheduled for trial in the murders of Tampa Police Officers Jeffrey Kocab and David Curtis after the officers pulled over a car Morris was in three years ago. At the time of Morris being pulled over he was wanted on a warrant out of Jacksonville for a worthless check. Upon his detainer he fired upon and killed Officers Kocab and Curtis. After shooting the officers Morris fled on foot and a manhunt ensued until he ultimately gave himself up at a local Tampa criminal attorney’s office. Due to the nature of the murder charge, Morris could face the death penalty if convicted should a jury ultimately elect to recommend death and the trial Judge oblige their wishes. For now, an Orange County jury will be selected to try the Hillsborough County case. A looming question on the mind of many is why pick a jury in a different jurisdiction?

Due to the subject matter of this trial leading to much media attention and despite the crime occurring in Hillsborough County, the jury will be selected in Orlando and ultimately sequestered in Tampa. Florida’s Constitution, under Article I, Section 16, guarantees that an individual accused of committing a crime shall receive an impartial trial in the county wherein the crime was allegedly committed. As support for this guarantee, Florida Rule of Criminal Procedure 3.240 allows as a safeguard, for the Defendant or the State Attorney’s Office to move for a change of venue. As a basis for this motion the moving party will allege that a fair and impartial trial can’t be had in the county where the crime was committed and as such the trial or at least the jury selection should be moved to another county in the hope that a pool of individuals less familiar with the facts can be found. Florida criminal statute 910.03 dictates that upon a court ordering a change of venue, priority must be given to any county that closely resembles the demographic composition of the county wherein the original venue would lie. Using the Morris case (see also the Casey Anthony case) as an example, the closest county offering the most purported safety in distance with the closes demographic makeup to Hillsborough is Orange County, likely because of the cities of Tampa and Orlando being somewhat similar demographically.
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Authored by Paul J. Wallin of Wallin & Klarich | A Law Corporation

If you’ve been accused of rape in California, and you live in Tampa, Florida you need to be aware that the state of California will likely extradite you so that you can be tried for this very serious crime. This means California can take the legal action necessary to physically return you to California. (This is called extradition). Therefore, speaking to an attorney experienced in rape charges in California can make the difference in your case. At Wallin & Klarich we have over 30 years of experience defending clients accused of rape.

What is rape under California Penal Code 261?

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Two men are facing a Federal criminal complaint out of the Northern District of New York for allegedly hatching a plot to create an X-Ray gun capable to shooting lethal doses of X-Ray radiation. Alleged members of the Ku Klux Klan, Glendon Scott Crawford, 49, of Galway, NY and his buddy Eric J. Feight, 54, of Hudson, NY have been arrested and charged with the Federal crime of conspiracy to provide material support to terrorists in violation of 18 USC 2339A. If convicted of the charges, Mr. Scott and Mr. Feight face up to 15 years in the Federal Bureau of Prisons and a large fine. The essence of the criminal complaint is that these two “gentlemen” schemed to create a mobile, remotely operated, radiation emitting device capable of killing targets from afar with a mega dose of radiation. Their alleged intent was to blast unknowing victims with said radiation, only to have their victims fall ill days later and eventually die. Despite their dedicated intentions, at no time was their cartoon ray gun operable or even capable of fulfilling their double secret squirrel plot according to authorities.

Is the KKK really involved? If so it looks as if at least some of them have now graduated from wearing white uniforms that look like Casper’s redneck friend Crisper and hurting people, to generally screaming at rallies in cities, to now plotting attacks with hi tech laser tag guns? Can anyone fill me in here? I’m proud to admit that I don’t knowingly know anyone in the KKK so I can’t attest to the intelligence level of the group as a whole or any of them as individuals, but this seems to me like they’re grasping at straws a bit. Ray guns? Seriously? Dumb, dadumb, dumb, dumb… Whatever bobs their bobber I guess, but there will likely be consequences to thinking and behaving like fools.
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A man in South Carolina was pushed off his moped and subsequently beaten with his own prosthetic leg Monday afternoon. Joel Parrish, 35, of Myrtle Beach is alleged to have performed this ridiculous and heinous act without any reason being offered or provocation known. Parrish may as well give up on his dream of being Myrtle Beach’s citizen of the year and his chances at earning a key to the city are likely compromised after he inflicted head injuries to the man on the moped. It’s doubtful his partner in the crime, who is alleged to have held down the man on the moped, will be asked to join the Big Brothers, Big Sisters chapter of Myrtle Beach either. Both men are alleged to have pushed the man off of his moped only to punch and kick him while ultimately beating him with his prosthetic leg when it came off in the fracas. According to a police report it is recommended that the particular South Carolina State Attorney’s Office charge Parrish with Assault and Battery of the 2nd Degree.

I’m not a South Carolina lawyer so I have no earthly idea what the gravity of the charges are against Mr. Parrish in his home State. I’ve handled enough cases to know that if you’re accused of this kind of thing in the Bay area you better get a good Tampa criminal attorney retained sooner rather than later. If this type of thing happened in the Tampa area I could see someone being charged with battery or in the alternative possibly aggravated battery and very likely criminal mischief to whatever level.
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