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A criminal court in the Czech Republic indicted “Lamb of God” lead singer Randy Blythe for their country’s version of manslaughter, or causing bodily harm to another person with lethal consequences. The 41 year old Blythe is accused of pushing a fan from the Lamb of God stage during a 2007 concert. As a result of the push the fan hit his head on a concrete floor below causing his death two weeks later. Under Czech speedy trial rules, Blythe’s trial date must be set within 3 months presumably from indictment. If convicted, Blythe will face between five and ten years in prison.

Just about every media outlet describes the incident as one where Lamb of God was performing on stage and due to either lax venue security, insufficient barricading, or both, this fan was able to trespass onto the band’s stage. Once the fan accessed the stage he proceeded swiftly toward Blythe who reacted and pushed him away. The unfortunate consequence of death resulted from the push.

So we know someone died and someone else has been accused of causing that death in a fashion not premeditated. Will the charges stick and should they? Generally a “manslaughter” charge is very similar state to state and in most civilized countries not using some type of religiously fanatical court. In its most stripped down form it is the killing of a human being by the act, procurement, or culpable negligence of someone else, without lawful justification according to the justifiable use of force statute and in cases in which such killing should not be excusable homicide or murder. The Florida manslaughter statute is codified at 782.07 if you’d like to take a further look. Manslaughter without any type of aggravating factor is a second degree felony punishable by up to 15 years in prison and a $10,000 fine.

The key portion of the statute to focus on is the language “without lawful justification.” Obviously the killing of another without a reason is illegal. However, if someone appears ready to inflict some type of physical harm upon you, you have a right to defend yourself. Stated differently, you have lawful justification. Blythe’s case will rise and fall on whether the trier of fact believes his assertion of self defense is justified.
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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.
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Clearwater Police Lieutenant Richard Crean is under investigation by the Clearwater, Florida police department for allegedly using a police database illegally. As the basis of the investigation, Lt. Crean is accused of using the database to obtain the personal information of a woman linked to Laura McLynas’ estranged husband James McLynas. Lt. Crean is said to have retrieved certain demographic information on Harwell in abuse of his police duties and turning that information over to Laura McLynas. Harwell claims the information has been used to harass her and entangle her in an ongoing, turbulent custody battle between James and Laura McLynas.

Oddly enough, from what I’ve read it appears the allegation is that Lt. Crean obtained no information of an overly sensitive nature. I understand the information allegedly gathered to be a name, address and date of birth; all things our good friends at Google likely could have provided. I don’t believe Lt. Crean, if charged with this crime is guilty of a heinous spill of sensitive information that could cause financial injury. If he did in fact obtain this information illegally, his actions wholly fly in the face of what “we the people” must have and deserve of our police officers, honesty and integrity. That’s not to say that if he did it he’s not an honest and good officer. The police are people too and people make mistakes. In his situation, if he did it, he will likely suffer a stiffer burden than most in that he would likely lose his career.

Florida Statute 815.06(1) is very likely the statute at issue in this allegation. This statute states in pertinent part,

“Whoever willfully, knowingly, and without authorization:

(a) Accesses or causes to be accessed any computer, computer system, or computer network…. commits a felony of the third degree.

I am unsure as to how the Police or State Attorney’s Office realized that Lt. Crean is allegedly responsible for this illegally obtained information. If he made an admission or Laura McLynas made a statement that he did it, he very likely will be charged. My previous paragraph mentioned damages to the victim. Damages, with respect to this charge, are completely irrelevant. This is very much a policy oriented law. With respect to police departments it almost has to be enforced if for nothing else but to send a message that police meddling won’t be tolerated.
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A mother of two young boys and their grandmother are facing serious charges for making a 1 year old and a 5 year old little boy pose for pictures with marijuana. Leslie County, Kentucky deputies allege that grandmother Beth Hensley and mother Tracey Hensley took pictures of the two boys with marijuana joints and a large marijuana bud near their faces. The picture of each boy with the joint shows the joint in the boys’ mouth while someone appears to be trying to light it. Grandmother, Beth Hensley, was reported to authorities after attempting to have the pictures developed at her local Rite-Aid.

Beth Hensley is currently facing trafficking marijuana, possession of marijuana, and cultivating marijuana charges. Tracey Hensley is currently facing similar charges in addition to endangering the welfare of a minor and unlawful transaction with a minor. As to be expected, the children were removed from the home by social services and placed in the care of a relative. When questioned by police, the sagely mother-daughter duo explained that the joint was not filled with marijuana from the gigantic bud in other pictures, but rather they were going John Wayne style and smoking a large cigarette full of Prince Albert tobacco. Yes, totally believable. When ultimately questioned as to their motive for this exotic photo shoot, mother of the year Tracey Hensley responded that “it was just something to show them later on in a picture album how crazy their grandma was.” Crazy indeed.

Ladies, ladies, ladies. Not the best idea you’ve ever had. Not only are you facing ridiculously serious charges, it may be tough to get those kids back in your care. As Floridians we’re used to “weird news” so things like this should come as no surprise. In fact, our Tampa criminal lawyers represented an individual with similar facts who accidentally sent his kid to school with marijuana and scales in the kid’s backpack. If one were to reenact Miss Kentucky and Miss Kentucky runner up’s tomfoolery in Florida, they could face similar charges.
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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.
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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.
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Waynesboro, Virginia Police smelled a little more than the odor of an alcoholic beverage when they pulled over and detained Efrain Moreno Alvarez earlier this week for suspicion of driving under the influence. The smell? Skunk. Not as in skunky, over the hill beer. Real skunk. Like, call in the Turtle Man to capture the rascal before he yucks up the neighborhood, skunk!

On November 11th Sgt. Brian Edwards, a member of the Waynesboro Police Department, witnessed an older Chevy Lumina strike a guardrail while travelling on Interstate 64. After a little more erratic driving Sgt. Edwards eventually detained the driver, Efrain Moreno Alavarez. This is there things went downhill in a hurry. When officers approached the vehicle Alvarez was travelling in, they were overcome by the unmistakable smell of skunk.

Somehow, some way, officers were able to smell an odor of alcohol on Alvarez. This, amongst other observed signs of impairment, led them to request field sobriety exercises which Alvarez failed leading to his arrest. Ultimately Alvarez submitted to testing which showed a blood alcohol content of .15. The legal blood alcohol limit in every state is .08.
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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.
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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.
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Waffle House CEO Joe W. Rogers Jr. is accused of forcing his former personal assistant to “perform sexual services” as a part of her employment with him. Rogers is accused of going so far as requiring his former assistant to “masturbate him” as part of her employment. The assistant further alleges that on numerous occasions Rogers attempted to force himself on her and requested oral sex.

Aside from the above referenced acts it is alleged that Rogers’ assistant was forced to often purchase pornography for him and was made to appear naked in front of him. Rogers’ accuser claims the inappropriate conduct began in 2003 and carried through until her resignation on June 29, 2012 upon learning that her son earned a college scholarship. The accuser claims to have remained in her job despite the abuse because she was a single mother and needed the income to support her family.

Not only might Rogers face a significant civil lawsuit, should the Atlanta prosecutor’s office elect to pursue these charges he could face some very embarrassing criminal charges. Because this is a Florida legal blog we will attempt to explain what would happen if Mr. Waffle would have conducted himself in this manner in Florida.

Oddly enough, Rogers would not face a sexual battery charge, as, according to this report, there was no oral, anal, or vaginal penetration of any kind. Without penetration, there is no sexual battery. Rogers would escape any kind of lewd and lascivious battery charges or molestation as again there was no penetration and his alleged victim is over the age of 16. At the end of the day, were this act in Florida, despite his perversion Rogers would likely only face a first degree misdemeanor battery charge and a second degree misdemeanor charge of indecent exposure.
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