Police Cruiser Kills St. Petersburg Man in Wheelchair

Posted on Febuary 21, 2012

Harold Charles Fleming Jr. routinely rode his wheelchair though his St. Petersburg neighborhood.  On Sunday morning, at about 4:30 a.m., a St. Petersburg police cruiser struck and killed Fleming as he was crossing 38^th Avenue North near 64^th Street, a few blocks from his home.  The impact of the crash ejected Fleming from his wheelchair and he landed on the curb.  Fleming was transported to St. Petersburg General Hospital where he was pronounced dead. 

Mehmedin Karic, the officer who hit Fleming, claims he did not see Fleming, who was wearing dark clothes.  The street light near the intersection was not working at the time of the incident. 

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2/21/2012

Ryan P. Rooth, Shareholder
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St. Petersburg Woman Brain Dead, Is FHP Liable for Injuries?

Last week, Dainelle Maudsley left the Florida Highway Patrol station in Pinellas Park and was pursued by trooper Daniel Cole.  As Maudsley tried to escape, Cole Tasered Maudsley. She spun around and her head hit the pavement.  Her last words were “I can’t get up” then her body was still.  She has remained in a vegetative state since the incident.  Cole has been cleared of any wrong doing.  Maudsley was a suspect in two hit and run accidents.  Cole stated that he used his Taser because he was worried one or both of them may be injured if he tackled her.  He was concerned that she was running toward the high traffic area of U.S. 19. 

Experts and researchers have challenged Cole’s actions based on the video of the incident and reports.  Cole is 267 lbs and weighed about 3 times as much as Maudsley and he was only several steps behind her when he fired the Taser. 

Florida Highway Patrol’s policy on Tasers states that troopers are permitted to use Tasers when it “reasonably appears necessary to control noncompliant individuals who have escalated their level of resistance from passive physical resistance to active physical resistance (i.e.: bracing, tensing, pushing, or pulling).”  The policy requires that it must be obvious the detained individual has the ability to physically threaten others or is trying to flee or escape.  Finally, the policy prohibits Tasering a handcuffed individuals but states that it may be justifiable in certain circumstances.  It appears relatively clear that Maudsley was trying to escape.  The issue is whether Cole abided by the policy when Maudsley appears to be merely fleeing, not violently resisting. 

Maudsley presently resides in an intensive care facility and her mother has hired lawyer Kevin Hayslett to sue the Florida Highway Patrol.  Maudsley is being fed by a tub, has no voluntary movement, and cannot control her bodily functions. 

St. Petersburg Taser Injury, Woman Brain Dead

Posted on Febuary 21, 2012

Dainelle Maudsley was leaving the Florida Highway Patrol station in Pinellas Park last week.  Trooper Daniel Cole pursued and Tasered Maudsley. Her head hit the pavement and she has been in a vegetative state since the incident. 

Maudsley was a suspect in two hit and run accidents.  Cole stated that he used his Taser because he was worried one or both of them may be injured if he tackled her.  He was concerned that she was running toward the high traffic area of U.S. 19.  The Florida Highway Patrol has cleared Cole of any wrongdoing.  He has been with them since 1998 and was Pinellas Trooper of the Year in 2000.  He has used his Taser one other time- on a suicidal man on the Sunshine Skyway bridge in 2009.  The man fell to the ground and was okay. 

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2/20/2012

Ryan P. Rooth, Shareholder
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Does St. Petersburg Battery Equate to Child Abuse?

A teacher at Boca Ciega High School was arrested today for striking a student during an argument with the student over his behavior. The teacher is charged with child abuse.  With knowing only the above facts, is a felony child abuse charge the correct charge, or should the teacher face a misdemeanor battery charge?  Is the teacher being treated fairly or is the arrest publicity exaggerating what really occurred?

Teachers today have to be perfect people. They can’t say anything offensive, they can’t express their personal feelings toward God or prayer and any criminal allegation ruins their lives whether the allegation is true or not. It doesn’t make the career path very appealing when you see it that way!

The story at tampabay.com detailing the arrest of this teacher for child abuse has so many unanswered questions that it got me thinking. I began to wonder if this teenager involved (assuming a teenager because it is high school) should really be classified under the same child abuse laws as an indefensible baby or small child? And what was occurring between the teacher and student that caused this teacher to act in the manner he did?  Was the student placing the teacher in fear?

I think the incident is over charged based on the information I know currently.  There is no indication this student was injured.  The arrest occurred 4 days after the alleged incident.  There is no indication this is a recurring incident with this victim or any other.  So why the felony charge when a misdemeanor battery would have been sufficient?

In the coming weeks the Office of the State Attorney will review the incident and make a determination on the appropriate actions to take if any.  The State Attorney will weigh the evidence and determine if they have a criminal case they can prove.  If the State Attorney reviews the facts of this case and determines that can’t proceed because the evidence is lacking or the victim recants or a witness comes forward and provides more clarification on the incident then what? A teacher may lose his job and career over a bogus incident.    

I am all about a safe school environment but making an allegation about a teacher better be backed by solid evidence. Solid evidence meaning a thorough investigation, credible victim, witnesses, photographs or video.  Who knows, maybe this teacher was in fear for his safety and he acted to protect himself. We all have a to do that, know as the right stand your ground here in Florida. I just hope the Gulfport Police Department didn’t jump the gun.

St. Petersburg Battery Lands Teacher In Jail for Child Abuse

Posted on Febuary 16, 2012

John Robert Able, a teacher a Boca Ciega High School, was arrested and charged with child abuse. On February 17, 2012, Boca Ciega High School was placed on lockdown.  During this lock down John Able became involved in an argument with a student about his behavior.  The content and nature of the argument are unknown at this time.  It is only known that the argument was laced with profanities. 

During this argument it is alleged that John Able struck this student. As a result of the alleged St. Petersburg battery on a student, Mr. Able was arrested and charged with child abuse.  John Able was reassigned and is currently on paid administrative leave.  The school continues to conduct its own inquiry about what occurred. 

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“Maniac” Causes Multiple Car Accidents in Pasco and Hernando

Posted on Febuary 16, 2012

Richard Barrett Jr., who suffers from a bipolar disorder, recently became more erratic in his behavior.  On Wednesday morning, he drove his 2000 Ford minivan up U.S. 19 that led to three car accidents in which one man was seriously injured. 

Law enforcement officials received call about a man driving crazily through Hudson and throwing things from his van.  At approximately 9 a.m., Barrett’s van tailgated and hit Steven Turco’s Toyota Camry near the intersection of Aripeka Road and U.S. 19.  Turco called 911 and saw Barrett speed past and serve off the road.  He then hit Charles Hesser’s Toyota Tacoma by Northcliffe Boulevard.  The Tacoma flipped over six times but Hesser survived.  He was transported to the hospital with serious injuries. 

Barrett’s van continued north and then hit the pickup truck of Bernie Sowinski.  Sowinski followed Barrett through a red light and about 300 yards later, the van stopped.  Sowinski pulled up next to Barrett who started screaming at him “like a maniac.” 

Law enforcement arrived and tried to pull Barrett from his car.  At 6 foot 8 inches and 300 pounds, he kicked and tried to hit the deputies.  Officers tasered Barrett about six times in order to arrest him.

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Selling Marijuana to Students Lands St Pete Man in Jail

Posted on Febuary 16, 2012

A tip received by the St Petersburg Police Department began the investigation of Lemon James Lane of St. Petersburg.  Mr. Lane was allegedly selling marijuana during his lunch break to students of Boca Ciega High School.  With this information the police officers set up surveillance of Mr. Lane’s apartment.

On Thursday a student was observed speaking to Mr. Lane at his apartment. Police officers continued surveillance of the apartment until Mr. Lane left. The Officers continued the investigation and detained the student they witnessed at Mr. Lane’s apartment. The student was charged with misdemeanor possession of marijuana. A short time later the Police arrested Mr. Lane and charged him with possession of marijuana with intent to sell.

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Executed Florida Search Warrant Reveals Secret Tunnels

Posted on Febuary 9, 2012

Hernando County officials uncovered a criminal case worthy of a CSI (“Crime Scene Investigation”) television episode this week, when they discovered a three-story home with a secret room and escape route.  Law enforcement was investigating fugitive Eugene Paull, who has been on the run since 1973 and has lived under a false identity for the past 33 years.  He lived with his girlfriend, Subrena Spence, who also assumed the identity of a deceased individual.  Authorities believe that the couple have been trafficking drugs in Spence’s homeland, Jamaica, but have only been able to prove so far that the couple have stolen the identities of deceased people.

Paull has a history of drug charges, including drug trafficking.  He knew that law enforcement officials would track him down one day and purchased a home in an isolated part of Hernando.  Inside the house, he built a secret room and installed a mechanical elevator that could transport him to a fully-equipped concrete bunker and an underground tunnel.  A SWAT team entered the property in March and seconds before Paull could escape into the secret room, the SWAT team caught him.  In addition to the hidden elevator, secret room and underground bunker and tunnel, SWAT discovered guns hidden throughout the house as well as metal bars guarding doors and windows.

Sgt. Jeff Kraft of Hernando County Sheriff’s Office helped lead the investigation.  He stood at the escape tunnel’s exit and observed, “It’s like nothing I’ve ever seen in all my years of law enforcement. . . Ever.” 

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2/8/2012

Ryan P. Rooth, Shareholder
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Privatizing Prisons: cost effective solution or a threat to our democracy?

Many people are unaware that not all Florida prisons are government-run entities.  Seven Florida prisons are actually run by private companies at a profit.  These private prisons are located in Santa Rosa, Palm Beach, Jackson, Glades, Gadsden, Columbia, and Bay counties.  Despite that these private prisons operate for a profit, they actually cost 7 to 28 percent less to operate than state-run prisons.  Currently, Florida state law makers in Tallahassee are debating a large expansion of prison privatization. 

Under the proposed Senate Bill 2038, 27 prisons and work camps in 18 counties would be privatized.  Over 4,300 state workers would lose their jobs, although a large number would likely be offered employment at a lower pay and less benefits.  The argument in favor of the privatization of prison is clearly the cost savings.  Opponents to the bill claim that the financial benefit is not so clear, arguing that private and public prisons are impossible to compare.  They differ by size, location, prison age, prison design, inmate mental and health status, inmate custody level, and programs they offer to inmates.  Opponents to privatization claim that although the figures look good on paper, privatization does not save any money. 

There are other factors to take into consideration.  Should privatization of prisons increase, the private vendors will need to repay $8 million in costs to reimburse for payouts for vacation and sick leave time to South Florida employees that totaled $19 million.  Also, hundreds of felons considered to be “close management” prisoners have been transferred to North Florida.  Privatization vendors may be drawn to South Florida prisons because it could lower their security costs and result in savings.  Finally, outsourced officers are allowed to replace officers with less seniority under correctional officer’s union contracts.  This could have a huge impact state-wide. 

Do you think prisons should remain a public sector affair or that private vendors should step in? Or, is this  a “threat to democracy” as opponents to Senate Bill 2038 allege? It will be interesting to see what the legislature decides to do in this regard as the privatization of prisons will undoubtedly effect Florida prison employees and Florida prison inmates across the state.

How can I become familiar with cases like mine?

Driving on Suspended License Leads to Drugs and Fraud Charges in Tampa

Posted on Feb 7, 2012

On Saturday afternoon, Tampa police stopped David Walter Michel Jr. for driving on a suspended license in Tampa.  Michel consented to a search of his hotel room on Adamo Drive.  Police officers discovered painkillers, crystal meth, two dozen counterfeit bills, a printer, Social Security cards and copying paper.  Michel, 23 years old, and Kelly Ann Kind, 38 years old, of Riverview are in custody and charged with 17 counts of possession.  Kind is also charged with 6 counts of fraudulent use of personal information.  Michel was also charged with driving on a suspended license. 

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