|
|
|
In The News 2005
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 this
year.
State
of Florida vs. Brown
Drug Dealer Pinched Near School
|
|
Shortly
after classes were dismissed at a Fort Myers elementary school,
investigators working undercover purchased cocaine from 35-year-old
Vasco Brown of Fort Myers. The Special Investigators Unit documented
the entire transaction, using video and audio surveillance. Prosecutor
Stephen Schwarz proved to the jury that the transaction was within
1000 feet of a school, and Brown was found guilty within minutes of
deliberations for sale of cocaine within 1000 feet of a school and
possession of cocaine. He was later sentenced to 15 years in
prison.
|
State
of Florida vs. Au
Man Shoots, Kills, and Sets Body on Fire
|
|
David
Au drove his victim from a bar in Saint James City, stopped at his
house to retrieve his gun, and then shot him in the head twice
with a 9-millimeter Ruger. Au was driving as he fired the weapon
towards his victim, shattering the passenger window. Prosecutor
Hamid Hunter explained to the jury how the 37 year-old then dragged
his victim’s body to a nearby dock, dosed it with gasoline, and set
the body on fire in an attempt to dispose of it. Au declared he was
defending himself from a perceived attack, but Hunter claimed he had
multiple opportunities to seek help, or avoid the situation. Au was
convicted of second-degree murder with a firearm, and was sentenced
under 10-20-Life with a minimum mandatory 30 years in prison.
|
State
of Florida vs. Young
Crack Dealer Caught on Camera
|
|
Robert
Lee Young was found guilty of selling and possessing crack cocaine at
a local fast food restaurant parking lot in Fort Myers. Undercover
agents were able to purchase crack cocaine from the drug dealer while
under full surveillance. A local concerned citizen had reported Young,
23 years old of Fort Myers, to the Lee County’s Sheriff’s Office
Narcotics Unit as a complaint of drug dealing. Prosecutor Earl
Fechter presented the necessary evidence to the jury to convict Young
in less than a day.
|
State
of Florida vs. Jacobs
Teenager Shoots Witness to Keep from Testifying Against His Brother
|
|
Johnny
Jacobs was 16 when he shot Antonio Harris to keep him from coming to
court and testifying against his brother Sheddrick. Jacobs was charged
as an adult with aggravated battery with a firearm and shooting into
an occupied vehicle in Fort Myers. The case was tried in January but
ended with a hung jury.
Prosecutor
Elizabeth Biffl retried the case in April and earned a conviction on
both counts. He was sentenced to 30 years behind bars.
|
State
of Florida vs. Tedder
Man Ties Up Family, Steals Cash
|
|
A
Panama City man was convicted of home invasion and kidnapping felonies
that occurred in Fort
Myers in March 2003. Gaynor Tedder, Jr. claimed he was coerced into
bursting into the home and tying up the victims before stealing
thousands of dollars in cash. But the jurors didn’t buy it as
they returned a guilty verdict in less than two hours. Prosecutor
Robert Lee praised Lee County Sheriff’s deputies for arresting
Tedder and a co-defendant “five minutes before they were going back
into the victim’s house a second time.” Co-defendant Michael
Lee Varnum, 32, who pled guilty in November and was sentenced to seven
years in prison took the witness stand to testify against Tedder.
Tedder, 40, was sentenced to life in prison.
|
State
of Florida vs. Brashear
Youth Group Leader Sentenced to 5 years
|
|
In
an emotional admission of guilt, former church youth group leader Dana
Brashear was sentenced to five years in prison in March 2005.
Prosecutor Scott Cupp was able to convince a panel of jurors that led
to her conviction of lewd and lascivious battery for having sex with a
12-year old boy. During the trial, Brashear accused the boy of lying.
During sentencing, she admitted her guilt and apologized to the
victims and her own family.
|
State
of Florida vs. Upshaw
Premeditated Murderer Convicted
|
|
Two
prosecutors, Anthony Kunasek and Paul Poland, worked meticulously
to show the jury how Herschell Upshaw violently took part in the
homicide of a North Fort Myers elderly resident. Upshaw, 18,
Jessica Hill, 17, and Tessa Robinson, 18, entered Townsend’s home
with intentions of robbing and killing him. The trio blindfolded and
tied their victim as they stole his bankcard, demanded money and
credit card pin numbers, fired three shots, left the scene and
withdrew money from his bank account. In two and a half days of
trial Kunasek and Poland confirmed that Upshaw’s role in the murder
of Paul Townsend was prevalent and premeditated. After three hours of
deliberations, the jury found Upshaw guilty as charged, and he was
sentenced to life in prison.
|
State
of Florida vs. Myers
Relocated Sex Offender Doesn’t Register
|
|
When
the habitual sex offender Leonard Myers was told by authorities that
he was charged with failure to register as a sex offender he stated,
“I think it’s a bunch of bull. I just went on vacation and
when I took it, I got violated.” But Prosecutor Francine
Donnorummo proved with seven witnesses that Myers did in fact relocate
and changed his permanent address, refusing to report his new
residence as required by Florida statute. Myers, a 43 year-old
habitual sexual predator, was found guilty and sentenced to 21 months
in a Florida state prison.
|
State
of Florida vs. Fletcher
Teenager Shoots and Kills Mute Woman in Broad Daylight
|
|
A
deaf mute woman was shot seven times at high noon by a 15-year old who
carjacked her vehicle. Travis Fletcher murdered the woman in
broad daylight because she could not scream for help. Prosecutor
Betsy Biffl charged Fletcher as an adult and earned convictions in
March for 2nd degree murder and carjacking with a firearm. He
was sentenced to 25 years in prison.
|
State
of Florida vs. Berube
Man Convicted of Murder as He Attempted to Escape Police
|
|
Arthur
Berube of Lehigh Acres was convicted of murder, which arose from a
carjacking that ended in the death of his teenage girlfriend in a
fiery car crash while trying to outrun police. Prosecutor Dean
Plattner proved Berube was under the influence of cocaine and alcohol
while driving at speeds up to 100 mph as he tried to get away from
Fort Myers police and Lee County Sheriff’s deputies. The 2nd degree
murder charge, along with DUI manslaughter, carjacking, and several
other charges netted Berube 25 years in prison.
|
State
of Florida vs. Denis
Child Rapist Receives Life Sentence
|
|
Prosecutor
Francine Donnorummo provided evidence to a panel of jurors convicting
Robert Denis of sexual battery upon a child less than 12 years of age.
Denis had committed sexual battery upon a 10-year old. The lack of
support from the mother of the victim and her community did not stop
Donnorummo as she called five witnesses, carefully showing how the 39
year-old had sexually abused the young child over a period of a year.
The jury agreed and Denis was sentenced to life in prison.
|
State
of Florida vs. Barker
Home Invader Beats Man to Death
|
|
John
Barker II bragged to anyone who would listen about killing North Fort
Myers contractor Michael Livolsi. Along with his brother, the 25-year
old Barker hog-tied, beat to death, and robbed 40-year old Livolsi
during a home invasion. Assistant State Attorney Betsy Biffl called to
the stand Livolsi’s brother Chris who described how he was the first
to discover his brother’s beaten body. Livolsi died ten days later.
Within two hours after hearing closing arguments, the jury returned a
guilty as charged verdict for 2nd degree murder and home invasion
robbery. Barker faces life in prison. His 24-year old brother, John
Barker III, will be tried on the same charges later in the year.
|
State
of Florida vs. Castaneda
Twenty Four-Year Old Rapes Young Girl
|
|
Jose
Castaneda invited a young girl, 14, to the drive-in theater in North
Fort Myers. Castaneda, 24, of Fort Myers, then committed sexual
battery upon his victim, forcing himself upon her. Lonely, scared, and
violated, the victim did not report the incident until two weeks
later. Castaneda was arrested, charged, and found guilty of lewd or
lascivious battery. Prosecutor Daniel Cavanaugh convinced the jury as
a judge claimed Castaneda a registered sexual predator and sentenced
him to 12 years in prison.
|
State
of Florida vs. Rosier
Execution Style Shooting Doesn’t Stop Victim from Identifying
Defendant
|
|
Willie
Dallas, a resident of Fort Myers, awoke to a young man knocking on his
door covered with blood. He immediately called 911 and authorities
found Kevin Henry, 19, of Clewiston, FL sitting on Dallas’ porch,
half naked and soaked in blood with two gunshot wounds to the head.
After Henry awoke from his medically induced coma 19 days later, he
was able to identify to investigators Reashod Rosier, 22, of Fort
Myers as the shooter. Prosecutor Paul Poland presented to the jury how
the defendant Rosier held Henry at gunpoint, forced him to take his
clothes off to search for money, and then had the victim lay face down
while firing two shots into the head of Henry. The jury found Rosier
guilty of attempted 1st degree murder with a firearm and robbery with
a firearm, and sentenced him to life in prison.
|
State
of Florida vs. Edison, Edison, Gordon, and Persons
Fort Myers Drug Gang Convicted
|
|
Courtroom
security was tight as Prosecutor Jean Paul Galasso presented his case
to the jury against four co-defendants, Alonzo Edison, George Edison,
Ceon Gordon, and Tony Persons for trafficking in cocaine. These
co-defendants have an extensive record, but in the past, prosecution
was thwarted as the witnesses, out of fear of retaliation,
disappeared. This group was a big part of the drug trade in the city.
They were also suspected of being involved in drug shootings prior to
their arrest. Evidence presented revolved around drug house
surveillance by the Fort Myers Department. The S.W.A.T. Team raided
the premises and found drugs being processed and prepared for
distribution. The jury returned in less than an hour with a guilty
verdict. Each defendant could get up to 30 years in prison.
|
State
of Florida vs. Jacobs
Convicted Felon Gives False Name, Caught with Firearm
|
|
Last
October police pulled over Sheddrick Jacobs for driving without
taillights. When the officer asked for a name, Jacobs provided a false
name and birth date. The officer was not convinced as he accessed the
DHSMV motor records database from his patrol car. After the arrest,
police found a loaded Ruger Mark 1 .22 caliber handgun under the
drivers seat. Jacobs had a prior record of convictions of two felonies
involving grand theft of a motor vehicle. In court, prosecutor
Elizabeth Biffl explained to a jury the consequences for a convicted
felon in possession of a firearm. The verdict was guilty as charged on
all three counts including possession of firearm by a convicted felon,
driving with a suspended license, and giving a false name. Jacobs was
sentenced to 11 years in a Florida state prison.
|
State
of Florida vs. Stairs
Sexual Predator Behind Bars for Life
|
|
Marc
Stairs had been sexually abusing his victim, aged 7, for over a year
and a half before she reported his behavior. Working carefully with
witnesses and evidence, Prosecutor Daniel Cavanaugh wanted to make
sure that Stairs never encounters a child again by concluding the jury
trial in a verdict of guilty. Stairs, 39, of Lehigh Acres, was found
guilty of 2 counts of sexual battery upon a child less than 12 years
of age, 1 count of molestation, and 1 count of lewd or lascivious
exhibition. Stairs was sentenced to life in prison in February.
|
State
of Florida vs. Williams
Bus Attendant Guilty of Battery Upon Special Needs School Boy, 7
|
|
A
Lee County Elementary School bus attendant was found guilty of battery
for slapping one of the passenger students. Betty Williams, 50, of
Fort Myers, had slapped a seven year-old special needs student while
riding the school bus. The victim was left with a red mark across the
face that could be seen the following day. Prosecutor Ana Hall called
several eyewitnesses, who identified Williams striking the young
schoolboy. Williams was found guilty and sentenced to 1-year county
probation, anger management counseling, and 100 hours of community
service.
|
State
of Florida vs. Hutchins
Man Convicted of Kidnapping, Raping, and Beating Woman
|
|
Cecil
Hutchins jumped into the driver’s seat of his ex-girlfriend’s car
as she was waiting for a friend at a local store. Hutchins, 27, of
Fort Myers, then drove his victim to a nearby field, beat and raped
her, and told her to report that unknown men had jumped her.
Investigators soon heard the true story, and were able to charge
Hutchins with sexual battery with great force and kidnapping. After
the defendant’s arrest he stated, “I wrote a letter to the Judge,
and I don’t want to get a lot of time for something I didn’t
do.” Prosecutor Francine Donnorummo worked diligently through the
week long trial, showing evidence that even included matching dental
bite marks left on the victim’s face. Hutchins was found guilty by a
jury trial and was sentenced to 25 years.
|
State
of Florida vs. Sands
Man Secretly Records Woman in Bathroom and Bedroom
|
|
Kenneth
Sands had a secret in his house in Fort Myers. Sands, 49, had a
separate room where he would receive live video and audio feeds from
the bedroom and bathroom of his victim. Sands conveniently placed
micro cameras in carbon monoxide detectors in the two separate rooms
where he would watch and record his victim undress and shower.
Evidence also shows that Sands edited his tapes, and placed them in a
collection. Prosecutor Carlos Cavenago had plenty of footage to
convict the defendant, who later pled guilty to all three counts of
voyeurism. Sands received 90 days in Lee County Jail and 3 years of
probation with an order for sex counseling to follow.
|
State
of Florida vs. Sluyter
Child Rapist Caught by Eyewitnesses
|
|
In
November of 2001, neighbors heard screams from Patrick Sluyter’s
residence. After peering
into the window, eyewitnesses saw a sexual battery in progress
involving Sluyter and a 10-year old girl. The neighbors notified the
police immediately, dispatching the authorities that also witnessed
the crime. Police quickly arrested Sluyter, 41, of Cape Coral and
placed him in custody. In court, Prosecutor Daniel Cavanaugh proved
the defendant has been sexually involved with the girl for over a
period of a year, leaving the jury to confirm a guilty verdict of 2
counts of capital sexual battery. In March, Sluyter was sentenced and
will be imprisoned for the remainder of his natural life.
|
State
of Florida vs. Brown
Re-offender sentenced for claw hammer attack
|
|
A
prison release re-offender was sentenced to 30-years in prison for
aggravated battery while using a weapon, and five years in prison for
trespass while armed. Lee County prosecutors Earl Fechter and Hamid
Hunter proved to the jury that in 2004, James Brown, 48, went into the
victim’s Fort Myers home in the middle of the night and attacked him
in his bed with a claw hammer.
|
State
of Florida vs. Bell
16-year old murders to retrieve cell phone
|
|
When
a 16-year old had his cell phone stolen by his childhood friend,
Marcus Tyrone Bell shot him. When the victim was down Bell hit him
with the gun over 50 times. This wasn't an ordinary cell phone. It had
names and numbers of hundreds of drug trafficking contacts stored in
it. Prosecutors Jean-Paul Galasso and Carrie Pollock proved to the
jury that Bell committed the murder to protect his drug turf.
|
State
of Florida vs. Dooley
Man Walks Out of Crack House, Robs Driver
|
|
In
less than an hour, a Lee County jury found Michael Lee Dooley, 29,
guilty of robbery. The defendant took the stand telling jurors that
when he came out of a crack house where he went to but the drug, he
saw a smaller man losing a street fight and jumped in to help. But
when prosecutor Linda Smith called the victim to the stand, he said a
truck had blocked the road when he was driving home from work in
Bonita Springs. When he got out of his car, a man walked up with a gun
and Dooley grabbed him taking $16 from his wallet. Dooley still faces
a separate trial on another robbery.
|
State
of Florida vs. Moringiello
Millionaire Found Guilty of Murdering Wife
|
|
Aeronautical
engineer Donald Moringiello, 65, of Fort Myers Beach, shot his wife in
the chest four times, tied concrete blocks around her ankles and neck,
and dumped the body in a bay 100 yards from their residence. Hattie
“Fern” Bergeler was later found, yet authorities could not
identify her body. Moringiello never reported her missing. A niece
from Alabama did, which led to his arrest. Police found the weapon
hidden underwater behind a seawall, blood and DNA evidence inside the
home, and matching concrete blocks outside the Moringiello residence.
Prosecutors Elizabeth Biffl and Scott Cupp worked diligently
throughout the six-day trial. The case was first tried last year, as
Hurricane Charley slammed Fort Myers. The jury could not reach a
verdict, and a mistrial was declared. This time, after only two hours
of jury deliberations, Moringiello was convicted of second-degree
murder, and faces life in prison. After the conviction, Biffl said,
“I’m just really, really glad for the family, and glad for
Fern.”
|
State
of Florida vs. Docter
Girlfriend Runs Over Boyfriend with Car
|
|
Della
Docter was upset with her boyfriend because he didn’t come home when
he was supposed to. Docter, 33, found him at a Fort Myers pool hall,
and after an argument, ran him down with her car. The defense told the
jury it was an accident and she ran him down because she was afraid of
him. Prosecutor Elizabeth Biffl argued that she had other avenues of
escape. The jury deliberated for five hours returning a guilty verdict
of manslaughter.
|
State
of Florida vs. Nunez
Robber Convicted of Store Owner’s Murder
|
|
Salvador
Nunez, 27, received a life sentence without parole after a Collier
County jury convicted him of first-degree murder and robbery.
While Nunez sat in the vehicle waiting to whisk the group away, three
others robbed an East Naples grocery store at gunpoint. The
storeowner, Isis Laffitte struggled with one of the robbers, who shot
her in the neck, killing her. The jury heard Florida Law
presented by prosecutor Michael Provost showing a defendant is guilty
of felony murder when a death occurs while he is committing an
underlying felony.
|
State
of Florida vs. Patten
Inmate Strangles Doctor to Death
|
|
In
January, prosecutors Dave Scuderi and Rich Montecalvo overcame an
insanity defense by attorneys representing Rodrigus Patten.
Patten was convicted of the strangling death of Dr. David Hoyer of
Bonita Springs. Hoyer was evaluating Patten for mental
competency in the Collier County Jail in January of 2001 at the time
of the attack. Patten was sentenced to life in prison.
|
State
of Florida vs. Mercado
Thief Steals Government Property, Attempts to Sell it
|
|
Orlando
Mercado, told investigators that he needed to pay off a debt when they
confronted him on the issue of a stolen trailer. Mercado, 47, of
Naples, was caught on surveillance video at the Collier County Water
Plant stealing a trailer with two lawn mowers and other labor
equipment inside. He then attempted to sell one of the
lawnmowers and issued a receipt to a legitimate buyer, which led to
the arrest. Mercado was charged in stealing over $20,000 worth
of stolen government property, as the rest of the contents remain
unfound. In court, Prosecutor Lisa Mead was able to convince a
jury of Mercado’s guilt as he was convicted of grand theft and
dealing in stolen property. Mercado has had multiple theft
charges in the past and was sentenced to 10 years in state prison.
|
State
of Florida vs. Macias
Child Molester Denies Rape, Receives 15 Years
|
|
Elio
Macias told jurors he didn’t rape or molest a 12-year old girl.
But in closing arugments, Assistant State Attorney Rob Crown recounted
trial testimony about the circumstances under which the assault
occurred. Macias raped the 12-year old once on the bathroom
floor of his Naples home and fondled her numerous other times,
according to her testimony. Macias was convicted of sexual
battery while in a position of familial authority and two counts of
lewd and lascivious molestation. He was sentenced to 15 years in
prison.
|
State
of Florida vs. Edgard
Sexual Predator Urinates Himself Under Questioning
|
|
When
a 11-year old girl had told her mother that their neighbor had raped
her, Collier County Sheriffs were immediately dispatched to Jean
Edgard’s apartment. Edgard, 31, of Immokalee, was asked a few
questions outside his house before he subsequently urinated himself
while standing on his front lawn with the authorities. After a
change of clothes, he was transported to the police station and
arrested. At the trial, Prosecutor Robert Crown proved to a jury
that Edgard did in fact commit the acts that he was charged with, as a
verdict of guilt was found. Edgard was convicted of capital
sexual battery upon a child less than 12-years of age. He was
declared a sexual predator and was sentenced to life in prison.
|
State
of Florida vs. Holland
Jury Finds Defendant Guilty of Sexual Abuse
|
|
A
jury took only one hour to find Gregory Holland guilty of nine counts
of sexual abuse of a 12-year old boy over a two-year period. The
28-year old defendant met his victim through an Internet Chatroom in
2001. When Holland traveled to Naples from his home in Texas, he
met the boy at the motel in which he was staying. The defense
argued that the sex was consensual and that the boy was more sexually
experienced than the defendant. Prosecutor Rob Crown told the
jury, “Neither the victim’s lack of chastity nor his consent is a
defense.”
|
State
of Florida vs. Sniffen
Man Receives Two Life Sentences for Rape
|
|
Kenneth
Sniffen will serve two consecutive life sentences for the rape of two
boys younger than 12-years old. Prosecutor Steve Maresca was
able to introduce evidence during the trial that prior to Sniffen’s
residency in Naples, he was convicted in 1991 in New Jersey of a
similar sexual assault on another young boy.
|
State
of Florida vs. Searle
Man Charges at Deputies with Machete
|
|
A
Bonita Springs man was convicted of aggravated assault on a law
enforcement officer after he charged out of his home confronting
deputies with a machete. Throughout the trial, the defense tried
to show the Charles Searle, 39, thought the two officers were kids or
“hoodlums” trying to burglarize his home or van and the machete
was to frighten them away. Prosecutors Andrea Canizares and
Sidgrid Tejo called only two witnesses to the stand. It took the
jury just 50 minutes before returning with a guilty verdict.
|
State
of Florida vs. Pitts
Thief Holds Jeweler at Gunpoint, Snagged in Undercover Operation
|
|
Marvin
Owens, a jewelry business owner, left his house early in the morning
to began work. As he climbed into his van with a suitcase full
of jewelry valued at over $200,000.00, a man approached with a handgun
demanding the suitcase and the keys to the van. The man
threatened to kill Owens if he did not comply, he then took the
briefcase full of jewelry, and fled the area with the van.
Coincidently, a woman was contacted if she would like to buy some
jewelry. She happened to know Owens personally, and even
recognized some of his stolen jewelry that was for sale. After
contacting authorities, members of the Charlotte County Sheriff’s
Office conducted a controlled buy of jewelry at the same location
purchasing $600.00, and at a later date, arrangements to purchase
$15,000.00 worth of jewelry. That same night, a search warrant
was served and three people were arrested including Savario Pitts, 24,
of Port Charlotte. In court, prosecutor Martin Stark called 10
witnesses to prove Pitt’s guilt in the crime. After an
exhausting three-day trial, Pitts was convicted of robbery with a
deadly weapon, carjacking with a weapon, and dealing in stolen
property. He was later sentenced to 30 years in prison.
|
State
of Florida vs. Perez
Con-Artist Impersonates Law Enforcement Officer, Commits Home Invasion
|
|
When
homeowner Frank Edwards, 66, of Port Charlotte answered his door, he
met a man who claimed to be a police officer. The man wore a
handgun and a portable radio, and told Edwards that he had been
implicated for dealing and possessing narcotics. Edwards and his
tenant were zip-tied behind their backs and informed that they were
under arrest. As the victims lay face down and defenseless, the
fake police officer, who would later be identified as James Perez, 34,
of Port Charlotte, and two others disguised as a criminal and a
officer, ransacked the house and stole money, bank cards, and firearms
owned by Edwards. Perez and his team left Edwards’ home and
were subsequently caught by authorities. In a two-day jury
trial, prosecutor Martin Stark confirmed the charges against Perez,
which included home invasion robbery possessing a firearm, burglary
while armed, and falsely personating an officer during a commission of
a crime. In just 40 minutes of deliberations, the jury returned
with a guilty verdict on all counts, and Perez would later be
sentenced to life in prison.
|
State
of Florida vs. Hoefer
Gymnastics Facility Owner Video Tapes Girls in Bathroom
|
|
The
owner of a gymnastics facility in Charlotte County, Robert Hoefer, had
secretly taped five 8-year old girls using the bathroom of his gym to
change into leotards before going to gymnastic practice. The
defense argued that Hoefer set up the surveillance equipment to catch
a cheerleader he believed was stealing leotards. Prosecutor
Claudel Trajan argued there would be no reason to set up expensive
equipment to catch a thief who could not fit into the clothes of an
8-year old. The jury found Hoefer guilty of 8 counts of
voyeurism.
|
State
of Florida vs. Cox
Persistence doesn’t always pay off
|
|
For
Mr. Ray Wertz and Ms. Janet Hansen, cigarette ashes were enough to
make them crime victims. John Cox, 45, of North Port, became
enraged when Mr. Wertz unknowingly flicked cigarette ash out of his
window into his vehicle. After gesturing that ash had gotten
into his eyes, Mr. Wertz apologized but was cut off by Cox. In
order to avoid further contact, Wertz drove around and off but was
ambushed after Cox sped past and hid behind a sign. Upon Mr.
Wertz’s vehicle approaching, Cox threw a handful of gravel and hit
both Wertz and Hansen with rocks and shells from the road’s
shoulder.
Prosecutor
Andreas Gardiner argued that the defendant was guilty by proving to
the jury how he threw rocks and gravel at their vehicle, which could
have caused much more tragic consequences. After a two-day
trial, the jury deliberated for three and one half hours and returned
a verdict of guilty for Throwing a Deadly Missile at a Vehicle.
|
State
of Florida vs. Barker III
Second
brother convicted in robbery and homicide
|
|
In
September of 2003, brothers John Barker II, 25, and John Barker III,
24, of North Fort Myers, broke into the home of Michael Livolsi with
the intentions of committing a robbery. During the commission of
the crime, Livolsi was hogtied, fiercely beaten and left for dead in
his home. The beating he sustained was so violent, Livolsi never
again regained consciousness and died nine days later.
John
Barker II was charged and convicted of 2nd degree murder and home
invasion robbery and sentenced to life imprisonment plus 30 years in
May. This was due to the hard work of Assistant State Attorney
Betsy Biffl who provided the sequence of events and the maliciousness
of the crimes to the jury for a guilty verdict. In August,
prosecutor Biffl also won the conviction of John Barker III for
manslaughter and home invasion robbery. He now faces life in
prison.
Due
to Barker III’s prior criminal record, he can be sentenced to life
imprisonment plus additional years under Florida's Habitual Felony
Offender Statue.
|
State
of Florida vs. Travis
Disagreement leads to murder
|
|
A
jury decided the fate of a Lehigh Acres man after a three-day trial
and one and a half hours of deliberating. Dorris Travis, 60, of
Lehigh Acres, was convicted of second-degree murder for the stabbing
death of 50-year-old Michael Range.
Prosecutors
Stephen Schwarz and Earl Fechter presented the scenario to jurors
describing how after a brief disagreement at the local Moose Lodge,
the two went in different directions to the outside of the building.
After a few moments, a couple patrons began to look for Range who was
found outside the front entrance fighting off Travis, but to no avail.
During the altercation, Travis had repeatedly stabbed his victim
causing his untimely death.
|
Top
|
|