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28 year old former Tampa Bay Rays player Elijah Dukes was arrested again Monday night on several outstanding warrants for failing to appear in court for past criminal charges. Dukes, a former major league baseball player with incredible talent but an inability to stay out of a criminal courtroom was also arrested on a driving while license suspended, cancelled, or revoked charge. Dukes is a native of Tampa and last played in the big leagues in 2009 for the Washington Nationals. This arrest is one in a long line dating from 2003 and ranging from domestic violence and obstructing a police officer to contempt of court arising from an alleged failure to pay child support.

Because Dukes is facing a new charge for driving while license suspended, cancelled, or revoked any relatively experienced Tampa criminal lawyer could safely presume that Dukes was pulled over for a routine civil traffic violation or officers ran his license plates revealing the registered owner, Dukes, had a suspended license and recognizing that the driver fit Dukes’ description. Either is a valid way for police to detain a Florida driver. Under Florida Statute 322.34(2), any person who is driving in Florida and knows that their driver’s license is cancelled, suspended, or revoked is guilty of a second degree misdemeanor on their first offense and first degree misdemeanor on their second offense. A third of subsequent conviction under 322.34(2) is a third degree felony.
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Cortnee Brantley, the girlfriend of Dontae Morris now awaits her fate as Middle District of Florida jurors deliberate in her Misprison of a Felony trial. Brantley was with Dontae Morris on June 29, 2010 during a tragic traffic stop where Tampa Police Department officers Jeffrey Kocab and David Curtis were murdered by Dontae Morris. After Morris is said to have shot Officer Kocab and Officer Curtis, Cortnee Brantley fled the scene via car and Dontae Morris fled the scene on foot. At issue in the trial is whether Cortnee Brantley knew whether or not her boyfriend, Dontae Morris, was a convicted felon carrying a firearm. This case has gone to trial in one previous attempt, resulting in a hung jury when the empaneled jury at the time could not come to a decision after deliberating for nearly eight hours.

Ask any Tampa criminal lawyer with any Federal criminal court experience and you’ll likely be told that a misprison of a felony charge is rarely a crime charged directly. Just as a reckless driving charge is generally a reduction from driving under the influence, misprison of a felony is something we, as Tampa Federal criminal attorneys, use in an effort to convince the United States Attorney’s Office to reduce a more serious crime to. Frankly, misprision of a felony is an odd charge as it is not one typically found at the State court level. Federal in nature, misprision of a felony is an old common law charge held over from old English courts who used this charge to prosecute those for failing to report a crime. Even in England the charge was considered a misdemeanor and carried with it an exception for those who could be incriminated by divulging the subject crime. Like old England, the 5th Amendment to the Constitution prevents Brantley from being forced to report the subject shooting. Rather, the charges against Brantley are based on the United States Attorney’s allegation that she had a duty to report that Dontae Morris was a felon in possession of a firearm, contrary to Florida Statute 790.23. Per Federal Statute 18 USC 4 one who has knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.
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18 year old Bradenton, Florida man Charles Ross was arrested on Sunday in Manatee County, Florida on battery allegations for allegedly giving numerous movie goers “wedgies.” Allegedly Ross owns and operates a You Tube page where he posts video of himself performing pranks on random strangers. From this report, Ross’ MO is to have a friend video him in public arenas approaching random people or their property and taking action that isn’t necessarily considered to be accepted in the public eye. In this particular situation Manatee County deputies report that Ross would walk up behind a person and grab the back of their pants and then pull them up high, causing pain or discomfort, all while videotaping the encounter. Clearly, the glaring difference between this prank and prior pranks is the visit to the Manatee County Jail.

At first blush Ross’ actions appear to be harmless pranks pulled by an immature kid seeking attention and some form of minor fame via You Tube. When considered and reviewed by a Tampa criminal attorney it appears the Manatee County authorities and Ross’ victims felt this harmless prank may have borne some harm, thereby leading to battery charges. A battery charge in Florida is codified under Florida Statute 784.03. To sustain a charge for simple battery against Ross, the Manatee County State Attorney’s Office must prove that Ross actually and intentionally touched another person against their will OR that Ross intentionally caused harm to another person. Assuming Ross has no prior record he would be looking at a first degree misdemeanor count for every person he blessed with a wedgie, each count punishable by up to 11 months, 29 days in the Manatee County Jail and a $1,000 fine payable to the great State of Florida. I believe it would be difficult to find a Tampa criminal attorney who would say with a straight face that Ross really intended to hurt anyone. With that consideration, the Manatee State Attorney’s Office would have to pursue this case under the theory that Ross intentionally touched each victim against their will. Considering the likelihood of numerous witnesses coming forward and video evidence of the alleged crimes, should the State pursue these charges it appears the case is open and shut in favor of the State.
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Local Tampa man, Cort Allenbrand has been arrested on arson charges after authorities allege that he set his girlfriend’s house on fire in Seffner, Florida early Wednesday morning. Hillsborough County Fire and Rescue authorities claim Cort Allenbrand went to his ex-girlfriend’s home early this morning with fire accelerant and lit a fire near the back of the residence. Before the fire could engulf the house and cause major damage a nearby neighbor was able to put out the blaze with a fire extinguisher. Police say Allenbrand was able to flee the scene but was arrested a few hours later at 3:30AM and booked into the Hillsborough County Jail. As it stands now, police are recommending to the State Attorney’s Office that he be charged with the first degree felony version of arson due to the subject matter of the arson being considered a dwelling. In Florida, arson of a dwelling is a first degree felony regardless of whether it is occupied.

I don’t think it’s a stretch to say Allenbrand or whoever started this fire had an axe to grind in some way, shape, or form against his ex-girlfriend or her mother. In my experience as a Tampa criminal attorney, arson is a crime committed by a kid, is committed by someone trying to cover something up, or as I believe in this case, is committed by someone who is angry with someone else. What most arsonists don’t take into consideration is just how seriously Florida police agencies and State Attorney’s Offices take an allegation of arson.

Arson is codified under Florida Statute 806.01. Defined, arson occurs when one willfully and unlawfully, or while in the commission of any felony, by fire or explosion, damages or causes to be damaged any dwelling occupied or not, or its contents or any structure or its contents, where people are normally present. Examples of places covered under this Statute could be: jails, prisons, or detention centers; hospitals, nursing homes, or other health care facilities; department stores, office buildings, business establishments, churches, or educational institutions during normal hours of occupancy; or other similar structures; or any other structure that the individual knew or had reasonable grounds to believe was occupied by a someone. Complete this magic circle of fun and you’ll be staring down the barrel of first degree felony, first degree arson punishable by up to 30 years in the Florida Department of Corrections and a $10,000 fine.
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16 year old Steubenville, Ohio students and football players Ma’Lik Richmond and Trent Mays will be tried as juveniles next month for the rape of a 16 year old girl who passed out due to what is thought to be administration of a date rape drug at a house party last August. It is alleged that Richmond and Mays were part of a group of high school boys who gang raped the unwilling victim. This case has taken social media and the Internet by storm partly due to the posting of a video depicting a recent Steubenville High School graduate making jokes about the victim and the interaction of the “Rape Crew” with her as she lay unconscious. Adding to the interest of a Nation is the idea that Steubenville is a town, much like the fictional town of West Canaan, Texas in the movie Varsity Blues, where high school football rules. There is the notion that in Steubenville winning high school football games is such a priority that their own local prosecutors and Judges shouldn’t be trusted to try Richmond and Mays’ case. For these reasons the town of Steubenville is on a quest to debunk these ideas and show that these actions won’t be tolerated. In spite of all the back and forth, justice must be served and that must be done via a fair trial system.

Under Florida law I believe Richmond and Mays, because they are 16, would be charged as adults pursuant to a State Attorney’s discretionary Information under Florida Statute 985.557(1)(b). In charging a juvenile as an adult the State Attorney, upon a conviction, gives the Court jurisdiction to sentence a 16 year old juvenile to an adult sentence. As it stands this opinion runs contrary to the election in Ohio to try them as juveniles. I won’t speculate as to the reasoning behind the Ohio Prosecutor’s decision to leave these young men in the juvenile system. I, like the rest of us, only have access to what I read online and in the newspapers.
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Vero Beach, Florida gentleman Robert Briley was charged with Aggravated Assault with a Deadly Weapon on December 16, 2012 after allegedly swinging a baseball bat at his best friend. It’s reported that Briley continuously requested his wife and friend over the course of the day to engage in a sexual liaison known as a threesome. Specifically, it is noted that Briley was interested in watching his wife perform oral sex on his friend and also wanted his friend to touch Mrs. Briley’s undercarriage. After being denied repeatedly by his friend, Briley continued in his quest until his friend agreed to take Briley’s wife privately into the bedroom for a little one on one. Evidently this crossed the line, albeit a blurry one, resulting with Briley swinging his bat in the general direction of his friend’s face, thereby prompting police intervention. Ultimately the police showed up, interviewed the involved parties, and chose to take Briley to jail for Aggravated Assault. When interviewed, Mrs. Briley told police that Briley and friend had been drinking all day prior to the incident. Surprise, surprise. Briley admitted to the drinking but denied using his bat.

If the facts of this odd, yet awesome scenario are to be believed, Mr. Briley is facing a pretty serious charge. Florida Statute 784.021 governs the applicable charge of Aggravated Assault with a Deadly Weapon. Defined, an Aggravated Assault with a Deadly Weapon is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent all while using an item that can be classified as a deadly weapon. Depending on which “bat” this report is referring to will determine whether an Aggravated Assault charge will stick. Well maybe… Assuming Briley had a baseball bat and went after one or more of remaining ménage a trois partiers while swinging, there could most definitely be an Aggravated Assault charge levied. It seems he had an item that would satisfy the “deadly weapon” element to the charge and generally a drunken, enraged man wielding such bat would qualify him for a general assault charge. Add those together and you have the recipe for Aggravated Assault with a Deadly Weapon.
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Jennie Scott, 50, of Manatee County was arrested after allegedly beating her 32 year old boyfriend after a sexual encounter didn’t go the way she had hoped. After an unsuccessful effort on the part of Scott’s boyfriend Jilberto Deleon to perform joint oral sex to her satisfaction, it is claimed Scott became enraged and proceeded to hit and scratch Deleon coupling the physical abuse with threats of further beating by way of a wrench and stick. It’s reported that Deleon finished his business a bit prematurely for the drunken Scott’s liking, causing him to quit his dutiful efforts and leaving Scott unfulfilled.

Scott was arrested on December 27th by Manatee County authorities and booked initially on charges of domestic battery. She subsequently was taken back into custody after violating at least one of the conditions of her pretrial release where she remains without a bond. Depending on the circumstances surrounding the threat of a beating with a wrench, simple domestic battery could be an afterthought for Scott. Should the State have enough, they could make a case for third degree felony aggravated assault with a deadly weapon.

The Manatee County State Attorney’s Office will very likely at minimum pick up the domestic battery charge against Scott. In Florida, simple domestic battery is a first degree misdemeanor with the maximum penalty being 11 months, 29 days in jail in addition to a $1,000 fine. To make their proof, the State will have to show that there has been a battery under Florida Statute 784.03 defined as a striking of another person against their will or that an individual has caused another individual harm and such battery was between two family members or two household members per Florida Statute 741.28(2).

From a practical standpoint, domestic battery cases are some of the most difficult cases for the State to prove if for no other reason but because of the characters involved. In my experience about 75% of the time (maybe higher) the alleged victim declines to cooperate and expresses a desire for the State to drop the case. If this happens, the State can move forward regardless of the victim’s wishes but it makes it extremely difficult to convict when your best witness won’t play ball.
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Former Atlanta Braves superstar Andruw Jones was arrested on Christmas day by police in Gwinnett County Georgia, accused of domestic battery against his wife, Nicole Jones. Nicole Jones is said to have told officers that when she asked her husband to help prepare their house for Christmas morning, the battery ensued. During the scuffle Jones claims she tried to escape up the stairs but was caught by Andruw Jones who drug her down the stairs by her ankle. Upon catching his wife, it is alleged Andruw Jones got on top of her and said, “I want to kill you.” Other reports indicate Andruw Jones grabbed his wife by her neck.

Unfortunately domestic battery is an all too frequent occurrence in our country whether it is a founded account or a false accusation. Regardless of the State authorities always take allegations of this nature seriously and generally an arrest is made. Depending on which news report mentioned above is more accurate as to what actually happened, Jones could be charged with either a felony or misdemeanor were this incident in Florida.

For purposes of simple domestic battery in Florida, all one really need to look at is whether there has been a battery committed against a family or household member by another family or household member. This is found in Florida Statute 741.28(2) under the “domestic violence” definition. For a simple battery to occur under Florida Statute 784.03, the State must show that there has been an actual and intentional touching or striking of another person against their will or that someone has caused someone else bodily harm. So, in short, take the battery elements listed and make a finding that the participants were, as in this case, family members, and you have a domestic violence situation in Florida punishable as a first degree misdemeanor.
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15 year old Lakeland, Florida girl, Cassidy Goodson avoided life imprisonment and a first degree murder charge this week by accepting a reduced plea offer of manslaughter. In accepting the plea offer Goodson will face a sentence of at least 18 months in a juvenile state facility. Goodson was arrested in September after giving birth to a 9.5 pound baby boy. Apparently Goodson’s parents knew nothing of the pregnancy and Goodson was able to have the child in a bathroom of her parents’ home. Upon giving birth Goodson told police that she then strangled her son and put him in a shoebox to further conceal the incident. Ultimately Goodson’s mother found the deceased infant in some laundry and called local authorities.

When questioned by police Goodson described the scene in that she turned on the bathroom water to cover any noise of the birth and delivered the infant into a toilet, checked for a pulse, and ultimately proceeded to asphyxiate the child. An autopsy performed on the infant confirmed the cause of death.

Originally when Cassidy Goodson was arrested there was an intent, at least facially, by the Polk County State Attorney’s Office to charge her with first degree murder as an adult, while seeking life imprisonment. This in fact was the case up and until Goodson’s criminal defense attorney was able to negotiate a plea deal reducing the charge to manslaughter and allowing her child client to serve a sentence as a minor. Though manslaughter is an extremely serious charge, this is a very good deal for Goodson and both the prosecutor and criminal defense lawyer should be commended for their hard work.
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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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