Office of the State Attorney

Twentieth Judicial Circuit of Florida

 
 
 

 

In The News 2004


Our Assistant State Attorneys are in court every working day doing their best to keep all of our citizens safe and to maintain the quality of life that makes Southwest Florida so special to all of us.  Although the local media highlights some of the cases that we successfully prosecute, there are a great many of them that never get mentioned.  What follows is a sampling of some of the convictions that our trial teams of prosecutors, investigators, and clerical staff, all working closely with law enforcement, have obtained in 2004.

State of Florida vs. Dillard
Sex Offender Refuses to Register

When authorities checked on Freddy Dillard, a registered sex offender of Fort Myers, the apartment was vacant. Dillard had refused to make the necessary requirements of registering due to his prior sex offender conviction. During his arrest, he stated that he served his time and should not have to register every time he moves to a new address. Dillard pled not guilty, and prosecutor Daniel Cavanaugh argued otherwise. The jury held deliberations that led to a verdict of guilt. Dillard was sentenced to 21 months in prison.

State of Florida vs. Lorenzo
Thief Burglarizes Business, Sells Stolen Property

On October 11, 2002 during the vulnerable hours between 1 and 8 a.m., unknown persons destroyed the entryway of a Fort Myers based business, smashing the door to pieces with a brick. Rendered useless, the door no longer served as a protector of the assets within the building. The perpetrator crept into the darkened and defenseless structure on Palm Beach Boulevard and burglarized it, not hesitating to ransack the place of business. Only a few days later, items stolen from the scene were discovered in local pawnshops. Police were able to identify one of the suspects, who then fingered the perpetrator of this crime. After only one witness, Assistant State Attorney Brian Edwards was able to get Manuel Lorenzo, age 44, to plead guilty as a habitual offender to counts of burglary of a structure and dealing in stolen property, sentencing 62 months in the Department of Corrections.

State of Florida vs. Underwood
Juvenile Attempts Escape, Beats Corrections Officer

Two inmates at the Juvenile Justice Center Detention Facility attempted to escape, severely injuring a corrections officer in the process. 18-year old Joshua Underwood approached the victim, James Rowell, while Underwood’s accomplice distracted him. Underwood attacked from behind, choking his victim almost to the point of unconsciousness. Just before passing out, Rowell was able to press the emergency alert button. Underwood released his victim, only to deliver an incapacitating blow to the victim’s face. Underwood and his accomplice, Mateo Delacruz, then attempted to escape from the detention center. Assistant State Attorneys Marie Doerr and Paul Poland prosecuted Underwood, before Underwood subsequently pled guilty to all charges and was sentenced to 15 years at the Department of Corrections.

State of Florida vs. Kendrick
Man Kills Teenager, Shot to Death over Video Game

In the early evening on January 2, 2003, a Fort Myers teenager was gunned down in front of his house in a dispute over an allegedly stolen video game. The shooter, James W. Kendrick Jr., opened fire on his neighbor, Tyrell Robertson, as Robertson tried in vain to flee from the shooter. The victim received fatal shots in the lower back, resulting in abdominal injuries that led to his death just hours later. Kendrick fled the scene but later returned to turn himself in to police. Assistant State Attorney Frank DiPlacido III prosecuted the second-degree murder case and the jury returned a verdict of guilty as charged. 23-year old Kendrick was sentenced to life in prison.

State of Florida vs. Gurges
Mugger Leaves Identification Behind

When the 40-year-old Steven Gurges robbed his 83-year-old victim in a Wal-Mart parking lot, he left plenty of evidence behind. Gurges had to struggle violently with his victim before stealing the wallet out of his back pocket. Witnesses told authorities they saw Gurges carrying a fishing pole out of Wal-Mart, before the altercation. Investigators soon learned that Gurges was trying to return the fishing pole, and subsequently left his drivers license number with a Wal-Mart cashier. Prosecutor Stephen Schwarz used this evidence to persuade a jury to convict the habitual violent felony offender of robbery as he was sentenced to 30 years in prison.

State of Florida vs. Atkins
SWAT Team Finds Firearms in a Convicted Felon’s Residence

On the 16th day of October 2002, Fort Myers Police with the local SWAT team executed a search warrant at the residence of a violent career felony offender and convicted felon. During the search, police turned up a black ski mask and two fully loaded handguns, which turned out to be a Smith & Wesson model 30, and a Taurus .38 special revolver with a 4-inch barrel. 28-year-old Calvin Atkins was charged and arrested with possession of a firearm by a convicted felon. Assistant State Attorney Claudia Stewart was able to impeach a defense witness who claimed to have snuck into Atkins's home and placed the weapons there. Stewart then proved to the jury Atkins did knowingly possess the firearms, convincing the jury to returned a guilty verdict. Atkins was subsequently sentenced to 20 years in the Department of Corrections.

State of Florida vs. Kloss
Victim Writes Letter, State Convicts Child Molester

In a sad, heartbreaking letter, a victim wrote to her mother describing how she had been sexually molested. She was too scared and afraid to speak, so the 10- year old tried her best to explain what had happened to her cousin and her one night by writing a letter. The mother reported the incident and Michael Kloss of Fort Myers Beach was arrested. Prosecutor Daniel Cavanaugh showed a jury how the defendant was guilty and should pay the consequences for the crime committed. The jury agreed and Kloss was found guilty of lewd or lascivious molestation and was sentenced to 15 years in prison.

State of Florida vs. Flores
Man Commits Rape, Only to be Found Moments Later

In the late hours near midnight, Emilio Flores, 26, of Fort Myers, sighted his victim walking home. Flores rode his bicycle and began following closely until he pushed her in a hidden area that could not be seen from the roadway. Flores then raped and robbed his victim, jumped on his bicycle, and rode off. The victim immediately called the police, describing the defendant’s clothing, and Flores was identified by authorities that night riding his bicycle and later arrested. Prosecutor Daniel Cavanaugh called 8 witnesses and in one day was able to convict Flores on both counts of sexual battery and robbery by sudden snatching. Flores was designated a sex offender and sentenced to 15 years in prison.

State of Florida vs. Sirmons
Man Invites Troubled Girls for Week Long Drug Bender, Rapes Both

Trafton Sirmons, 25, of Fort Myers, lured two young teenagers seeking help at the Vince Smith Center into his apartment. He offered them drugs and alcohol for seven straight days in a bender of nonstop crack cocaine, marijuana, and alcohol abuse. Sirmons then forced himself upon the girls, who later reported the rapes to authorities. In the courtroom, prosecutor Daniel Cavanaugh described how Sirmons took advantage of the young, troubled girls who were in desperate need of help. A panel of jurors convicted Sirmons on all four counts including three counts of lewd or lascivious battery, and one count of unlawful sexual activity.

State of Florida vs. Labonte
Sex Offender Refuses to Register

After a dishonorable discharge from the armed services for forcible sodomy of a minor, Fort Myers resident Rene Labonte, 55, was to report his new address to authorities. Labonte is a sex offender and is required by law to report any change in his home address. No address was reported, and when the FBI had placed Labonte under custody for a prior crime, Labonte lacked the appropriate paperwork describing his address. In an interview, the defendant claimed that he didn’t know he had to register. Yet prosecutor Francine Dunnorummo showed a jury that Labonte had in fact known, but choose not to. Labonte was found guilty and sentenced to three years state probation.

State of Florida vs. Pinkney
Angered Man Storms in House, Kills Ex-Girlfriend’s New Boyfriend

Emerson Pinkney, 33, of Cape Coral, entered an apartment where 33-year old Roy Williams had recently visited some friends. Pinkney had a firearm in his hand when he entered, at which prompted Williams to draw his firearm as well. There was a struggle until Pinkney was able to fire off one shot into the head of Williams. Williams was dating Pinkney’s ex-girlfriend of 14 years, which included a relationship involving three children. Pinkney’s attempts of fleeing the state shortly after the shooting failed when investigators caught him boarding a bus. Jean-Paul Galasso and Carrie Pollack prosecuted Pinkney, calling a total of 16 witnesses over a four-day trial. Pinkney was found guilty on all charges that included manslaughter with a firearm, aggravated assault with a firearm, first-degree burglary, and possession of a firearm by a convicted felon. He was sentenced to life in prison.

State of Florida vs. Rashid
Man Mutilates Woman, Accuses Her of Being Unfaithful

One of the most gruesome cases of 2004 involved an East Naples music store owner who was convicted of sexual battery with a deadly weapon, kidnapping, and battery for mutilating a women who he thought was being unfaithful to him. Dahish Rashid of Cape Coral was sentenced to 65 years in prison for the January 2002 attack. The case was prosecuted by Betsy Biffl who proved Rashid was not insane at the time he mutilated the woman’s genitals and breasts and cut out a chunk of her tongue.

State of Florida vs. Riggins
Shooter Fires into Buildings, Attemping to Scare Off Drug Dealer Competition

In January of 2004, Anthony Riggins, along with three others, fired into various apartments in a housing project in Fort Myers. It was believed that Riggins and his men were protecting their drug turf. During the shooting spree, a woman was struck and injured by a shot, and a young man witnessed the shooting while walking home from a girlfriend’s residence. Despite a grueling cross-examination by the defense upon the young witness, Prosecutor Claudia Stewart was able use the State’s witness to convince a jury that Riggins was involved in the shootings. Riggins was found guilty of shooting into a dwelling and discharging a firearm while committing aggravated battery. Riggins was sentenced to 35 years behind bars. *UPDATE* The young eye witness was scheduled to testify against the other remaining shooters but unfortunately drowned in a tragic boating accident in out-of-state waters.

State of Florida vs. Dixon
Man Fires Gun at Driver, Victim Remains Paralyzed

D’angelo Dixon, 32, of Miami, was a prison release reoffender when he came to Clewiston and left one man paralyzed. Dixon had entered the passenger side of Odexter Freeman’s vehicle and demanded money. Dixon then pulled out a pistol and fired one shot into the side of Freeman. The bullet entered in Freeman’s right side, traveled through his right kidney, severed his spinal cord, and eventually lodged in his liver. Dixon then robbed Freeman leaving him bleeding and paralyzed from the waist down. In court, Prosecutors Chené Gerlach and Nick Thompson informed the jury of Dixon’s actions and the consequences for them. The jury convicted Dixon for attempted first-degree murder with a firearm, aggravated battery with a deadly weapon, and robbery with a firearm. Dixon was sentenced to 40 years in prison.

State of Florida vs. Gunsby
Man Attacks Police Officer, Found Guilty by Jury

Aaron Gunsby was found guilty by a Hendry County jury for battery upon a law enforcement officer and resisting an officer without violence. While the police officer was placing Gunsby in custody, the defendant attempted to resist with a swift kick to the knee. Fortunately, the officer was able to control the defendant and place him under arrest. Prosecutor Chene Gerlach argued against the defense, as she called three witnesses to prove Gusby guilt.

State of Florida vs. Long
Sheriffs Bust Felon with Firearm

Hendry County Sheriff’s Office and State Probation received an anonymous tip concerning that Daniel Long had a dangerous firearm in his house. After a search, authorities located the firearm in the bedroom that the defendant shared with his girlfriend. The defense offered a witness who claimed to have brought the gun into the house without the defendant’s knowledge. Prosecutor Fred Kahle cross- examined the defense’s witnesses and the defendant and was able to prove to the jury that the stories did not connect. Long was found guilty as charged.

State of Florida vs. Allen
Sexual Battery Committed, Victims Less Than Twelve Years of Age

Johnny Allen, 20, of Clewiston was arrested, charged, and tried for three counts of capital sexual battery. His victims, 3 in total, were all under the age of 12. Prosecutor Chené Gerlach proved to the jury that Allen had in fact committed the crimes which he was charged with. The jury agreed, and Allen was found guilty on all three counts of capital sexual battery upon a child less than 12 years of age and was sentenced to life in prison without the possibility of parole.

State of Florida vs. Holland
Shooter Spotted in Lineup; Sentenced with 60 Years

“That’s the guy right there!” exclaimed Shawn Stutz of Naples, who was shown a physical lineup of suspects at the Collier County Sheriff’s Office.  Stutz identified Joshua Holland, 19, of Naples, who shot at Stutz and another passenger from a car while stopped at a traffic light.  The bullets spared the other passenger in the car, but Stutz, the driver, was hit in the left side and was forced to drive himself to the fire department where he was later airlifted to Lee Memorial Hospital by a helicopter.  During Holland’s jury trial, Prosecutor Dave Scuderi recited Holland’s night of terror that almost ended Stutz’s life.  The jury found Holland guilty of attempted second-degree murder with a firearm and guilty of shooting into an occupied vehicle.  Holland was sentenced and will be in prison for 60 years.

State of Florida vs. Twardokus
Victim Terrorized in Night of Horror

Jack Twardokus had committed sexual battery upon his victim in her own residence. Twardokus, 44, of Naples, was arrested and charged after authorities completed their investigation.  Prosecutor Steven Maresca explained the chilling story of how Twardokus had cut the phone lines outside his victim’s house before breaking in by carefully dismantling a door.  After the entry, the victim saw a large clothed figure standing in the dark hallway with a black mask pulled over his face.  DNA evidence was proved very successful in court that led a panel of jurors to find Twardokus guilty of burglary with battery and sexual battery while masked.  He was sentenced to life in prison and was designated a sexual predator.

State of Florida vs. Graham
Caregiver Caught in Elder Fraud

Queen Graham, 38, of Naples, committed one of Southwest Florida’s fastest growing crimes:  exploitation of the elderly.  Graham was designated as a caregiver for a married couple who reside in Naples and are both wheelchair bond and mentally incompetent.  She had access to their checkbooks and six credit cards, until a banker reported suspicious activity with the accounts.  Graham had spent a total of over $47,000 in charges that were unrelated to her employment.  Assistant State Attorney Delano Brock followed Graham’s paper trail through 15 witnesses that led to her guilt.  After four days of trial, a jury found Graham was in fact guilty of two counts of exploitation of the elderly between $20,000 and $100,000.  She was sentenced to 5 years state prison followed by 10 years state probation.

State of Florida vs. Vega
Thief Caught Red-Handed with Stolen Property, Flees Officer

Authorities were dispatched to two residences that claimed they had recently been burglarized.  The victims claimed several items, including jewelry valued at over $2,000, were stolen before they returned home.  Also, one victim had noticed that their green laundry basket was missing.  Authorities then began to search the local area and found Louis Vega, 45, of Immokalee, riding a bicycle with a green laundry basket on the front handle bars.  During questioning Vega bolted off, and outran the police.  In less than a few moments, Vega was found hiding behind a washing machine and taken into custody.  Prosecutor Delano Brock called a total of 10 witnesses to seal Vega’s guilt, as a jury convicted him of two counts of burglary of a dwelling, two counts of grand theft, and one count of resisting an officer. He was sentenced as a violent career criminal and will remain in prison for 40 years.

State of Florida vs. Vahlkamp
Husband Convicted of First-Degree Murder of Wife

David Vahlkamp, 35, of Bonita Springs, murdered his wife in the bathroom of their own home.  After the murder, Vahlkamp went to the store, bought some beer, and then reported it to his parents.  His parents called the police, and when they arrived Vahlkamp claimed he didn’t murder his wife.  After a few hours of questioning, he told authorities what really happened.  In court, prosecutors Deborah Schwartz and Rich Montecalvo told the jury of how Vahlkamp kicked down the door to the bathroom where his wife was hiding after a physical argument, stabbed her 13 times with a kitchen knife, and placed the knife in her hand.  He then left the scene and didn’t report the incident.  The jury found him guilty of first-degree murder and he was later sentenced to life in prison.

State of Florida vs. Carpenter
Attacker Stabs and Beats Man and Wife as Young Daughter Watches from Car

In April of 2004, Douglas Tyler, 53, was attacked, stabbed, and beaten at a local gas station in Punta Gorda.  Tommy Carpenter, 29, of Green Cove Springs, FL, jumped in to help his criminal friend fight Tyler, throwing him to the ground and punching him.  Carpenter also attacked Tyler’s wife as she was beaten as well.  Discouraged and very dangerous, Carpenter went into his small black pickup truck, took out a hunting knife and attacked Tyler, right in front of his 11-year old daughter, leaving him with multiple stabbing wounds.  Carpenter and his partner sped off, only to be caught by police who would later identify the small black pickup truck at another gas station that night.  In court, prosecutor Andreas Gardiner called six witnesses to the stand confirming Carpenter’s involvement in the attack.  Carpenter would later be sentenced to 15 years behind bars.

State of Florida vs. Rainey
SWAT Team Forces Out Shooter

A 45-year old habitual felony offender was found guilty of shooting within a dwelling and possession of a firearm by a convicted felon.  Prosecutor Martin Stark proved to the jury that Michael Lee Rainey, Sr. of Punta Gorda fired several rounds from his 12-guage shotgun in his home after arguing with his wife and son.  His family hid in the woods.  When deputies arrived, Rainey refused to come out of the home.  A SWAT team surrounded the perimeter.  The standoff lasted 7 hours before Rainey turned himself in the deputies.

 

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