Florida Criminal Attorney Blog

FBI Agents Bust Drug Ring Operating in Florida, Texas, Mexico

Thu, 09 Feb 2012 09:21:36 -0500

Federal agents from the FBI, ICE, and Homeland Security served search warrants on a number of private residences on Tuesday as part of a massive bust into an alleged marijuana smuggling ring. It is not yet clear whether those who were arrested have retained any criminal defense lawyers to help them deal with this case. The busts resulted in the seizure of valuable property as well as the arrests of the following people:

1) Adolfo Tamez, aka "Wally"
2) Jaime Rodriguez Sandoval, aka "Pancho"
3) Ivan Alvarado, aka "TN"
4) Josue Rivera Rosario
5) Jesus Gonzalez-Salcedo, aka "Chuy"
6) Antonio Gonzalez
7) Fnu Lnu, aka "Chepe"
8) Cesar Ramos
9) Omar Martinez, aka "Chilango"

A copy of the criminal complaint can be found here: Criminal Complaint (Adolfo Tamez, Et. Al.).pdf

According to this complaint, a person named Daniel Nunez lead a group of Mexican nationals who allegedly smuggled large quantities of marijuana into the United States from Mexico through McAllen, Texas.

From McAllen, Texas, the Marijuana was allegedly shipped to Panama City, Florida, where it was broken down and then shipped to regional store houses throughout Florida.

Once Marijuana was sold, the cash proceeds would return to Mexico taking the reverse route.

In total, the group is alleged to have trafficked in more than $1,000,000 USD worth of marijuana a month. In terms of street value, Federal agents claim that the group moved approximately 3,000 pounds of marijuana per shipment.

LEGAL ANALYSIS

Based on my past experience dealing with drug trafficking cases in Federal court, I can tell you that these arrests are the result of many, many months of investigating by the FBI and other agencies.

There is also little doubt in my mind that this case also concerns the use of confidential informants. For those who are not familiar with confidential informants, they are people who go undercover for law enforcement to provide them with information and set up deals.

Cedrick Shivers Arrested for Bank Robbery in Wilton Manors, Florida

Wed, 08 Feb 2012 14:48:24 -0500

Cedrick Shivers, 47, wasn arrested in Wilton Manors, Florida for bank robbery, which is a Federal offense. Shivers made his initial appearance in Federal court yesterday. He has a pre-trial detention hearing scheduled with U.S. Magistrate Judge Robin S. Rosenbaum on February 10. If convicted, Shivers faces up to 20 years in Federal prison. It is not currently known whether Shivers has a private criminal defense attorney.

The allegations stem from an incident earlier on February 3rd where Shivers allegedly robbed the Iberia Bank in Wilton Manors, located at 2465 Wilton Drive. Shivers reportedly entered the bank at approximately 9 a.m., approached a teller, and handed her a note. The note instructed the teller not to activate any silent alarms and to hand over certain denominations of bills. Shivers also allegedly instructed the teller not to include a dye pack in the cash, saying that if she did not comply he may bomb the building.

However, the clever teller managed to include a dye pack in with the stolen bills. A dye pack is a small explosive that can be snuck in with stolen money. The pack explodes after the robbery, marking the cash with permanent red ink. According to media reports, the pack exploded as Shivers ran across the street to his getaway vehicle.

Broward County Medical Examiner's Office Loses Evidence

Wed, 08 Feb 2012 12:22:15 -0500

Dr. Joshua Perper and Linda Krivjanik, both former employees of the Broward Medical Examiner, are currently being blamed in large part for the catastrophic mishandling of controlled substances at the facility.

Unbelievably, this has not resulted in an immediate shut down and floor to ceiling audit of the entire office's practices.

According to County Inspector General John Scott, who is heading up Broward Office of the Inspector General's investigation, the Broward Medical Examiner is guilty of "gross mismanagement" of pills including oxycodone and hydrocodone, which can easily be abused. According to the report, at least 3,600 pills are missing, likely having been filtered into the illegal drug market. 2,250 such pills are pain medications with a high probability of abuse.

"The risk to public safety will never accurately be determined,'' said Scott of the missing pills.

The storage of such pills was a huge factor in the report. Prescription pills are supposed to be kept in a secure evidence room for two years, after which they are supposed be incinerated. However, the Broward Medical Center reportedly had little protocol for storing such materials. The facility allegedly stored pills in trash bags that high school volunteers had access to, in bathrooms, and even in a room that was also used by an employee to store toys that the employee was selling on eBay. One employee called the situation a "free-for-all."

Marvin Broadway, Taylor Miller, Carlton Lowe Arrested for Robbery in Fort Lauderdale

Sun, 05 Feb 2012 14:01:36 -0500

Marvin Broadway, 23, Taylor Miller, 19, and Carlton Lowe, 22, were all arrested in Fort Lauderdale, Forida on robbery charges last Wednesday after a failed armed robbery attempt against a gold store clerk. Broadway also faced charges of wearing a mask while committing a felony, and is being held on $175,000 bond. Miller is being held on $40,000 bond, and Lowe on $60,000 bond. All three are being held at the Broward Main Jail. It is unclear whether any of the trio has a private criminal defense lawyer.

At a preliminary hearing, a magistrate judge ordered the three to stay away from each other and from their alleged victim, Oleg Flyaster, 64. According to the affidavit, the incident occurred Tuesday while Flyastar was in an alley behind the Gold Buyers business where he worked. The business is located at 5130 North Federal Highway. At about 6:20 p.m., Flyastar says he was closing the business for the evening when he was approached by Broadway and Lowe, both of whom had concealed their faces with ski masks.

"Broadway produced a handgun and stated 'give up the money'," said the affidavit. "The victim was in fear for his life and retrieved his handgun and started shooting."

Burnie Reed Arrested for Murder in Fort Lauderdale, Florida

Sun, 05 Feb 2012 13:54:27 -0500

Burnie Reed of Fort Lauderdale, Florida was arrested for murder after more than a week of searching. The 19-year-old has been charged with one count each of murder, attempted murder, resisting arrest with violence and resisting arrest without violence. He was denied bail bond in an initial hearing with Judge Jay Hurley at the Broward County Jail, where he is currently awaiting trial. It is unknown whether Reed has a private criminal defense attorney or will be relying on the public defender.

Police had conducted an extensive searched for the alleged killer that involved the FBI Violent Crime Fugitive Task Force, the Secret Service, Lauderhill police and Fort Lauderdale police. The investigation also appealed to the public for clues. Reed was apprehended when the search led authorities to a Lauderhill home in the 3400 block of Northwest 4th Ct. It is not known who owns the home.

Reed was reportedly trying to hide under a pile of furniture and clothing in one of the bedrooms of the home. He refused to cooperate with authorities and ended up causing a scuffle. Police were able to arrest him, although he sustained a nasty black eye that he sports in his mug shot.

The arrest and charges come in connection to an incident in which Reed allegedly tried to kill his pregnant ex-girlfriend by shooting her in the head, and succeeded in killing her sister in the same fashion. Reed was reportedly arguing with Chutney McNair, 19, with whom he had a rocky romantic relationship for about a year and a half, on the January 21. The fight occurred outside of both parties homes in the 1100 block of NW 11th St. Chutney was three months pregnant with his child and had asked her mother, Karen McNair, 47, to come out of the home with her to try to control the situation.

Jeffery London Arrested for Sexual Battery in Fort Lauderdale, Florida

Tue, 31 Jan 2012 15:21:54 -0500

Jeffery London was arrested for sexual battery last week. He is being held without bail bond at Broward County Jail. It is unclear whether or not he has hired a criminal defense attorney to represent him in this case.

According to news reports, the sexual battery charges come after an 18-year-old who had lived with London told a friend from church that London had sexually abused him for the 10 years that he lived with the youth pastor.

The boy alleged that London rewarded him with money or video games for sexual acts. The boy's mother had left him in London's care when he was only 8 years old due to financial hardship.

London, 48, was arrested at his home when he returned from the Bible Church of God in Fort Lauderdale where he had just conducted a bible study there.

London has a history of working at religious and youth organizations. He served as the dean of students at the Eagle Charter Academy in Lauderdale Lakes for 6 years, from 2003-2009. Investigators on the case said that London may have also worked at other local schools and churches. There is no record of London having worked with Broward county schools.

London also was a motivational speaker, anti-drug activist, and skit and playwright for children. In fact, he was known in Fort Lauderdale for taking in underprivileged boys.

Michael Girder Arrested for Arson in Fort Lauderdale, Florida

Tue, 31 Jan 2012 14:12:26 -0500

Michael Girder was arrested for arson in Fort Lauderdale, Florida for allegedly setting his duplex on fire over the weekend. A magistrate judge has set his bail bond at $10,000. It is currently not known whether Girder is represented by private a criminal defense attorney.

According to news reports, the fire allegedly destroyed half of the duplex where he lived. It appears that he lived there alone. Girder's neighbors and landlord speculate that he had gone a little insane after suffering multiple personal disappointments.

"I feel bad for someone to have hit that level ... seriously," said Barclay Garnett, the owner of the duplex. "He just had a meltdown. He's very frustrated with the system, not being able to practice law. I think it just really took a toll on him." Garnett had served Girder an eviction notice before the incident. The reasons behind the eviction are unclear.

"I guess he [snapped]. It's a shame, it really is, it's kind of a sign of the times," said Garnett in a press interview.

Girder apparently used to be a lawyer in Georgia, where he used to reside. He is now listed as resigned. He had apparently been trying the pass the bar exam in Florida, but had not had much success.

Thankfully, no one was hurt in the blaze. Several dogs had to be rescued from the back yard of one of the homes, but they did not suffer any injuries either.

Carissa Rangel Arrested in Fort Lauderdale for Sex with Minor

Thu, 26 Jan 2012 19:25:58 -0500

Carissa Rangel was arrested in Fort Lauderdale, Florida for lewd or lascivious battery, lewd or lascivious conduct, lewd and lascivious molestation, and violation of probation. A judge set her bail bond on the lewd or lascivious battery charges at $25,000, but denied her bond on the probation violation. Rangel was also ordered not to contact the 13-year-old. No word yet on whether or not she has retained a private criminal defense attorney.

According to a police affidavit, the alleged victim, a 13 year old boy, told authorities that he and Rangel went outside his family's apartment, where she kissed and fondled him, exposed herself and urinated on the ground. They then went inside, where Rangel told the boy to lock the door to his bedroom before the two engaged in unprotected sex.

The mother of the teen said she heard moans coming from his bedroom at about 1:15 a.m. and that when she checked on her son, she caught the two having sex in his room. She also says that when she caught Rangel, Rangel told her that she was "getting it done right."

The mother kicked Rangel out of her home and immediately notified authorities.

The teen told police that he had had unprotected sex twice before with Rangel in the City of Hobe Sound. While Rangel is not a stranger to the victim's family, her relationship with the family is unknown.

While lewd or lascivious battery cases between women and teenage boys are uncommon, they are prosecuted just the same as cases where a grown man is the alleged offender.

Contrary to most people's misconception, the "victim's" consent and willful participation in the sex act is not a defense to lewd or lascivious battery. In fact, that is main difference between sexual battery (aka "rape") and lewd or lascivious battery.

Marco Rubio's Staffer Arrested for Domestic Violence in Fort Meyers, Florida

Tue, 24 Jan 2012 17:29:37 -0500

Michael Brennan was arrested in Fort Meyers, Florida for domestic violence battery charges on Friday night and taken to the Lee County Jail. Michael Brennan is U.S. Southwest Florida Regional Director for Senator Marco Rubio. He has since been released after posting $1000 bail bond.

According to the police report, Kelly Brennan stated that she and her husband had gone out and left their kids with a babysitter. On the way back to their Bonita Springs home they started to argue in the car. Mrs. Brennan stated that when they pulled into the garage and she got out of the car, her husband pushed her to the garage floor, where she landed on a rug. Kelly then pretended that the fall had rendered her unconscious.

Michael Brennan then allegedly rolled up the carpet "as if I was dead or something," said Kelly. He proceeded to hit and kick the rolled-up carpet containing his wife before retreating into the house. Kelly Brennan says she extracted herself from the rug when she heard Michael go into the house and went in after him. Inside, Michael Brennan denied his wife's accusations in front of their startled babysitter. The couple's children were asleep. Kelly says she asked Michael to leave and he conceded.

3 Arrested in Fort Lauderdale, Florida for Armed Robbery

Tue, 24 Jan 2012 11:17:47 -0500

Martin Durand, 30; Kevin Tiena, 29; Christopher Leyva 30; and Lazare Antoine, 27 were recently arrested in Fort Lauderdale, Florida for armed robbery. All were denied bail bond and remain in Broward County jail. While Durand has representation, it is not known whether the other three defendants have criminal defense attorneys.

The incident in question occurred at Club 303, located at 303 Southwest 6th St in Pompano Beach. According to the affidavit, the victim of the crime, Ala Ghazi Alrashed, told investigators he had purchased the club from Durand over a month before for about $40,000.

On the night of the incident, Alrashed was not initially at the club. He received word that several customers and employees had complained that Durand and his friends were harassing them. He came to the club to intervene, only to find that the locks were being changed on the doors of the club.

Alrashed attempted to stop this, at which point he says that Durand, Tiena, Antione and Leyva allegedly attacked him, putting him in a headlock and hitting him on the head with a gun magazine. Durand is said to have pointed a gun at Alrashed's stomach and cursed at him, threatening to kill him, before throwing him to the ground and stealing $2,000 cash from his pocket.

JOE PATERNO DEAD: How it Effects the Criminal Case

Sun, 22 Jan 2012 11:01:18 -0500

Joe Paterno is dead at 85. Penn State sex scandal coach died this morning after succumbing to lung cancer. According to news reports, Joe Paterno was diagnosed with lung cancer in mid-November. The diagnosis came after a follow-up visit to his doctor's office for a bronchial illness.

There is no doubt in my mind that the stress imposed by the Penn State sex scandal played a significant role in Joe Paterno's death.

Obviously I don't say this directly. Rather, I am sure his immune system took a major dip while under the mental and emotional stress of the sex scandal. At his age, it is no surprise that an underlying illness, likely on the brink of explosion, broke the surface following a major emotionally stressful event.

EFFECT ON THE CRIMINAL CASE

From a criminal law perspective, this means that Joe Paterno will not be able to testify in any trials. At this early stage in the case, it is unlikely that he has even given a sworn statement in the form of a discovery deposition.

While I am not a Pennsylvania lawyer, the Florida Rules of Evidence do permit the perpetuation of a deceased witness's sworn statement under very limited circumstances.

If this case were to go to trial and those circumstances were met, a transcript or a video (if one was made) of the statement would simply be admitted into evidence and presented to the jury.

Raymond Vincent Arrested for Lewd and Lascivious Molestation in Fort Lauderdale

Thu, 19 Jan 2012 17:32:58 -0500

Raymond Vincent was arrested in Fort Lauderdale on Tuesday on three counts of lewd or lascivious molestation on a victim under 12. Vincent, who works at McDonalds, was booked in the Broward County Jail. He was denied bail bond at his first court appearance on Wednesday.

There is no forthcoming information yet as to whether or not he has a criminal defense attorney.

The victim, who talked to police about the crimes, indicated that she was molested three times between May 2011 and January 15, 2012. She said that after all three incidents, Vincent instructed her not to tell anyone what he had done. According to the affidavit, the last incident occurred when Vincent offered the girl food to get her into his apartment. Once she was inside, she washed her hands and Vincent inappropriately touched her and tried to get her to sit on his lap. The child indicated that this was typical for each incident.

Unfortunately, this is not the first time Fort Lauderdale has seen sex offenders who target children.

The recent high-profile case where a 15-year-old girl was allegedly raped on a cruise ship by Luiz Scavone, 20, and a minor companion occurred on a vessel that embarked from Fort Lauderdale.

40 Men Arrested in Osceola County, Florida Child Sex Sting

Thu, 19 Jan 2012 13:01:47 -0500

A sexual assault sting in Osceola County, Florida netted 40 arrests for Attempted Lewd or Lascivious Battery on a Child, Travel to Seduce Child to Commit Sex Acts, Use of a Computer to Solicit Child for Sex, and Possession of Alcohol by a Minor. The undercover operation was designed to catch adults pursuing sex with minors on the internet.

Given the extremely serious nature of these offenses, those arrested should hire a private criminal defense attorney who has experience dealing with sexual offenses, especially lewd and lascivious molestation charges.

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Those arrested include professional golfer Stephen Wesley Thomas, middle school teacher Alexander Roy, swim coach Bryan Woodward, and a handful of college students.

The sting, dubbed "Operation Red Cheeks," ran for one week between January 8-16.

Some, who thought they were talking to parents or guardians during the sting, were also charged with Use of a Computer to Seduce/Solicit/Entice a Parent, Legal Guardian or Custodian of Child to Commit Sex Acts of the Child and Travel to Seduce, Solicit, or Lure a Parent, Guardian, or Custodian to Consent to Commit Sex Acts with a Child.

Clarence Hall Arrested In Fort Lauderdale for Attempted Murder

Mon, 16 Jan 2012 16:43:46 -0500

Clarence Hall was arrested in Fort Lauderdale, Florida for attempted felony murder, burglary with assault or battery, throwing a missile into a vehicle, and criminal mischief causing damage over $1,000 this past Tuesday. Hall is allegedly responsible for causing an escaping victim to lose control of his vehicle, causing it to crash into a pedestrian. The pedestrian was pinned against a wall and has lost a leg as a result.

Surveillance footage recently emerged of the gruesome scene. It is not yet known whether or not Hall has retained a criminal defense attorney.

According to police reports, at around 2pm on December 11, Hall was arguing with Timara Wimbar and her cousin David Thomas at Nada Market on the 1300 block of NW 6th Street, demanding to know why they were "in his neighborhood and [at] his store."

Wimar and Thomas reported that they had just stopped for a snack. Hall pursued them as they left, calling Wimbar a lesbian and trying to prevent the pair from entering their vehicle. Then, as the two got into their vehicle and prepared to drive off, Hall attacked the vehicle, kicking and hitting it, breaking off mirrors and damaging a door handle. He even reached inside the vehicle, attacking Thomas.

Fort Lauderdale Police Detective Travis Mandell said, "I can definitely tell you these were serious acts of aggression and Mr. Hall was extremely violent."

Barry Nash Pleads Guilty to Conspiracy in Broward County Medicare Kickback Scheme

Wed, 11 Jan 2012 17:14:29 -0500

Barry Nash, 69, plead guilty today to one count of conspiracy to commit health care fraud in Miami, Florida. Nash is the owner/operator of a Broward County half-way house called Starter House. Like bank fraud, health care fraud is a Federal offense. Because health care fraud is a Federal offense, Nash's case was prosecuted in U.S. District Court by the U.S. Attorney's Office.

Hopefully, Nash is represented by a criminal defense lawyer in Fort Lauderdale who is familiar with Medicare fraud cases and how to deal with sentencing under the Federal Sentencing Guidelines. Given his age, Nash is not exactly the best candidate for a prison sentence.

According to the US Attorney's Office, American Therapeutic Corporation and the American Sleep Institute paid the owners/operators of assisted living facilities and halfway houses for referring patients.

In plain English, this is referred to as a kickback.

The U.S. Attorney's Office claims that not only did Nash accept kickbacks, but he did so knowing that American Therapeutic Corporation and the American Sleep Institute would be filing fraudulent bills with Medicare.

Over time, millions of dollars were paid to owners/operators like Nash, while the two companies fraudulently billed Medicare for more than $200 million.
In some instances patients were also paid a kickback.