Violent Crimes

Published on: December 6, 2012

Tampa, Florida Teen Sentenced to 15 years in Prison for Threatening to Discharge a Destructive Device at Freedom High School

Tampa, Florida teenager Jared Cano’s life as he knows it is over. Today in Hillsborough County Circuit Court in Tampa, Florida, Jared Cano was sentenced to 15 years in the Florida Department of Corrections for what police say was a plot to make a Columbine style attack on Freedom High School. Tampa police were tipped to Cano’s plans by a fellow Freedom High student. In following the tip, police found materials used to make bombs in addition to a timer presumed to be used to detonate the bomb. Additionally, several news agencies were able to get their hands on disturbing cell phone videos taken by Cano describing his heinous intentions. Cano’s Tampa criminal attorney contested the allegations, stating that the plans were nothing more than fantasies of a teenager and that Cano never planned on following through with his scheme.

After an expert hired by the Tampa criminal lawyer opined that there was nothing seized as evidence that would explode, Hillsborough Circuit Judge Kimberly Fernandez sentenced Cano to 15 years in the Florida Department of Corrections to be followed by 10 years of felony probation. Cano has 15 months of credit for time served in jail but will have to serve out 85% of his sentence under current Florida law.

Cano was convicted under Florida Statute 790.162 for threatening to discharge a destructive device and under Florida Statute 790.161(2) for attempting to discharge a destructive device.

To be convicted of threatening to discharge a destructive device under 790.162, the State Attorney’s Office must show that the individual charged threatened to discharge a destructive device with an intent to do bodily harm to any person or that the individual has an intent to damage property of any person. If convicted as Cano was, one would be looking at a second degree felony conviction, punishable by up to 15 years in prison and a $10,000 fine.
Continue reading →

Published on: November 22, 2012

“HOW TO” GUIDE ON NOT COMMITTING ASSAULT, BATTERY, AGGRAVATED BATTERY OR ROBBERY WHILE BLACK FRIDAY SHOPPING!

By Mayberry Law Firm

In special remembrance of Elizabeth Macias and her 2011 Black Friday pepper spray incident, we’ll run through the dos and don’ts for the busiest shopping day of the year in the hope that you’ll stay out of a Tampa Bay area jail. As you may recall from last year, Macias was accused of unleashing a hellfire fury of pepper spray on other Black Friday shoppers in Porter Ranch, California. Initially police claimed Macias hosed down her shop mates over discounted X-Box gaming systems. After the “spray” settled Macias faced no felony charges and ultimately threatened to sue Wal Mart for inadequate security. At the end of the day the failure to file charges isn’t overly surprising if there was in fact a scrum around the X-Box’s and there was a risk of injury to her or her children. It would be tough for a prosecutor to show she wasn’t happily hosing others in self defense or defense of her kids. We hope you find the following tips helpful in avoiding Machine Gun Macias’ fate.

Don’t use pepper spray on other people. If you do in Tampa, Florida you will face at minimum, a battery charge and perhaps and aggravated battery if the spray causes permanent injury to another. All that is necessary to show a battery is that you intentionally touched or struck someone else against his or her will, OR intentionally caused bodily harm to someone else. No one I know enjoys being doused with pepper spray so chances are if you break out the water weenie full of pepper juice, you’re guilty of battery. For an excellent explanation of assault and battery check this Jacksonville criminal attorney‘s write up.

Where things could get really serious is if your pepper spray causes permanent harm to a third party. If you hit someone in the eye and said eye is permanently broken, you’re going to face second degree felony charges for a Florida aggravated battery. Aggravated battery charges generally mean prison time. I’ve never been to prison but I’ve been told the selection at commissary isn’t quite as nice as Target. Food for thought.

Don’t threaten someone whether you have pepper spray to back up your threat or not. In Florida, if you threaten someone by word or act and have the immediate ability to do so coupled with an overt act that leads them to believe you’re about to make bad dreams come true, you my friend, have committed an assault. Assault is a second degree misdemeanor punishable by up to 60 days in jail and a $500 fine. Possibly worse is the fact that your shopping day will be done.
Continue reading →

Published on: November 21, 2012

SON OF ROBERT F. KENNEDY ACQUITTED OF NEW YORK HOSPITAL CRIMINAL CHARGES

By Mayberry Law Firm

Douglas Kennedy, son of former Senator and United States Attorney General Robert F. Kennedy, was acquitted Tuesday of harassment and child endangerment charges in New York. Kennedy, also the nephew of former President John F. Kennedy, was accused in January of kicking a nurse in the pelvis and twisting another nurse’s arm as he was attempting to take his newborn son from the maternity ward to get some “fresh air.”

The entire incident was recorded by a security at Northern Westchester Hospital. Cari Luciano, one of the alleged victim nurses, testified that as Kennedy attempted to get to the stairwell of the hospital, his baby’s head was jostled and unsupported. Luciano testified that she instinctively reached out to steady the baby when Kennedy kicked her in the pelvis. Marian Williams, an eyewitness nurse, testified that Kennedy’s kick met with “such force” that it knocked Luciano off her feet.

Kennedy’s case really alleges nothing more than a battery charge, coupled with New York’s specific version of a child abuse or child neglect charge. Using Florida law for our analysis, battery would be the only charge applicable under the facts as reported in the Kennedy news story.

First to address and then discount an allegation of abuse or neglect to the infant, the only statute under Florida law that would be applicable to this factual scenario would be Florida Statute 827.03. First, there is no reasonable allegation of child abuse as there is absolutely no willful or intentional act to cause harm to this child. Kennedy is said to have taken his child into his arms in an effort to take the child outside for some fresh air. Nothing is reported that could support a charge that he, by some purposeful act, abused the child or put the child in a situation that could reasonably be said to cause harm. Simple “alleged” head jostling won’t cut it. More is needed to support a child abuse charge.
Continue reading →

Published on: November 17, 2012

Former Tampa Bay Buccaneer Jerramy Stevens Arrested for Domestic Violence upon Hope Solo

By Mayberry Law Firm

I’ll give you one guess. No, it’s not Warren Sapp! Former moonlighting Tight End Jerramy Stevens was arrested, yet again. Stevens, who has a lengthy history of legal snafus was arrested in Kirkland, Washington on Monday November 12th for Fourth Degree Domestic Violence upon his US soccer star fiancé Hope Solo.

According to a police report the happy couple were arguing over whether they would live in Washington or Florida. Police responded to a disturbance at around 3:45AM involving approximately 8 people. Upon arrival Police interviewed several of those people who proved to be uncooperative. Police later observed a scratch on Solo’s arm and found Stevens upstairs in the residence hiding between a bed and a wall. No doubt Stevens is a candidate for the “alibi of the year” award for his excuse that he was simply upstairs napping and slept right through the scuffle downstairs. Naturally, Police weren’t buying what Stevens was selling based on the blood on his shirt, his later admission that he argued with Solo, the injury to her elbow, and the fact that the room he was “napping” in looked as if there was a recent slap fight within. Consequently Stevens was arrested. A judge who didn’t feel there was enough evidence connecting him to an assault, later released Stevens.

Fourth degree domestic violence in Washington appears to be their least serious misdemeanor and comparable to a domestic battery charge in Florida. Were this classy encounter to have occurred in Florida, Stevens would have been arrested for domestic battery. In Florida, domestic battery is nothing more than a battery occurring between those who are family or live or have lived in the same household. A battery occurs when one intentionally touches or hits another, against the will of the other or intentionally causes bodily harm to another. In Stevens and Solo’s case if Stevens touched her against her will or tried to cause the injury to her arm, his actions would satisfy the elements of a Florida domestic violence charge.

As any decent Tampa criminal lawyer will tell you, just because elements can be met in a domestic battery case that doesn’t mean the charge will stand. Practically speaking, because Solo appeared at Stevens’ first appearance and remained silent, she no doubt does not want to go forward on these charges. Uncooperative victims are the largest obstacles for a State Attorney prosecuting a domestic battery case. There is no way the State will be able to prove without testimony of Solo or others at the party, that Stevens 1) touched her against her will or 2) intentionally caused her injury. Further, there is no way to prove he touched her at all considering the scuffle involved 8 people.
Continue reading →

Published on: November 16, 2012

CHAMIQUE HOLDSCLAW ARRESTED FOR AGGRAVATED ASSAULT WITH A FIREARM IN GEORGIA

By Mayberry Law Firm

Former WNBA superstar Chamique Holdsclaw turned herself into the Atlanta Fulton County Jail Thursday night after a warrant was issued for her arrest. Holdsclaw is accused of committing an Aggravated Assault, causing Criminal Damage to Property of another, in addition to Reckless Conduct. Holdsclaw, a former All-American for the University of Tennessee Lady Volunteers and a perennial WNBA All-Star, is accused of bashing out the windows of her ex-girlfriend’s SUV and shooting a 9MM handgun through the back driver’s side window and into the back passenger door.

Victim and ex-girlfriend Jennifer Lacy told police that Holdsclaw showed up to one of her workouts and asked for her keys to put something in her car. When Lacy got in her vehicle she was alerted by the smell of gasoline and noticed Holdsclaw following her. Lacy then went to a friend’s house only to be followed by Holdsclaw. Upon arrival at the house Holdsclaw became enraged and the above mentioned incident occurred while Lacy was still in the driver’s seat of her vehicle.

Regardless of State, any Tampa criminal lawyer will tell you that when a firearm is present or discharged during the commission of a crime, the situation gets serious in a hurry! Were this incident to have occurred in Florida, I believe Holdsclaw would be facing Aggravated Assault with a Firearm charges, amongst others. Simple assault is a threat, either through words or actions, to do violence to another person while having the apparent ability to do so, and doing an overt act that creates a well founded fear in the victim that violence is imminent. An aggravated assault is an assault when using a deadly weapon, in this case a handgun. Florida and Federal law takes crimes of this nature very seriously. In Florida, Holdsclaw would be facing a minimum mandatory 20 year prison term per Florida Statute 775.087(2)(a)(2) due to discharging the firearm in the commission of the aggravated assault. Without a charge reduction negotiated between a criminal defense attorney and Prosecutor, both the Prosecutor and Judge are bound by statute to a sentence of at least 20 years.
Continue reading →

Published on: November 14, 2012

Oklahoma Dad Arrested for Child Abuse and Neglect for Locking his Toddler in a Dog Cage

By Mayberry Law Firm

Father of the year voting in Tulsa, Oklahoma just got a little more interesting with the entry of William Todd Lewallen. Lewallen is charged with child abuse by neglect for locking his 18 month old little girl in a dog cage while he elected to nap with the help of narcotic pain killers and muscle relaxers. Lewallen is also said to have locked his 4 year old out of his home in temperatures in the low 40s.

Were Lewallen’s case in Florida he would be facing similar charges and potentially more. No doubt Lewallen would be charged with a count of Aggravated Child Abuse per Florida Statute 827.03(1)(a) and 827.03(2)(a). Florida accounts for this exact scenario, making the act of willfully and unlawfully caging a child a first degree felony, punishable by up to 30 years in prison, a $10,000 fine, in addition to many unpleasant evenings with new found Department of Corrections friends.

Along with Aggravated Child Abuse charges, Will the thrill would face Child Abuse by Neglect charges for negligently failing to provide his 4 year old with shelter and supervision, a third degree felony punishable by up to 5 years in prison and a $5,000 fine. If the State could prove Lewallen purposefully locked the 4 year old out of his house in low temperatures or with the expectation of low temperatures, the State could make a third degree felony count of Child Abuse by showing the act of locking the door as an “intentional act that could reasonably be expected to result in physical or mental injury to a child.”
Continue reading →