Murder

April 6, 2012

Stand Your Ground Law Complicates Trayvon Martin Investigation

Like everyone else across the country, I have been following the coverage of the Trayvon Martin case and investigation. Even more so after Jacksonville’s own State Attorney, Angela Corey, was assigned to the case. Although heartbreaking, the investigation has also brought national attention to so-called “Stand Your Ground” laws.

Under Florida’s Stand Your Ground Law, an Orange Park resident is justified in using deadly force against another person if he or she reasonably believes the force is necessary to prevent “imminent death or great bodily harm to himself or herself or another person. . . .” The problem with the law is that once a shooter invokes self-defense under the Stand Your Ground Law, the police must find evidence to disprove the shooter’s story before they can arrest him.

Analyzing the Trayvon case, if the police can establish that the voice shouting for help in the infamous 911 call belongs to Trayvon Martin, it could potentially suffice as enough evidence to arrest Trayvon’s shooter, George Zimmerman. If they find the voice belongs to Zimmerman, then police likely will not arrest Zimmerman. However, an adequate prediction cannot be made without more facts and because neither the Sanford police nor Duval County Prosecutor Angela Corey is releasing information, further analysis would be speculative.

April 4, 2012

Jury Recommends Death Sentence for Javon Daniels’ Murderer

by David M. Goldman

One of my goals as a Mandarin Criminal Defense Lawyer is to stay up-to-date on relevant news that might interest some Mandarin Criminal Defendants. Well, such news was just released earlier this morning. The Jury for Arthur Martin took just 45 minutes to return a vote in favor of the death sentence.

Arthur Martin, also known as “Shorty Fat,” was convicted last week for the murder of 19 year old Javon Daniels. The murder took place back in 2009 when Martin approached the young man’s vehicle while parked at a local Jacksonville Apartment Complex. Martin then proceeded to fire 12 rounds into the vehicle where Daniels sat. Daniels later died as a result of the injuries he suffered from the altercation.

Martin, however, is not new to the Criminal Justice System. He has been in and out of prison since 1990 and has frequently traveled between Georgia and Florida causing trouble everywhere he went. Most recently be released for burglary, armed robbery, and Murder.

April 4, 2012

“Stand Your Ground” Law comes Into Question

by David M. Goldman

Florida’s Stand Your Ground law has recently come into question in an appeal by a Jacksonville teen. As a Jacksonville Criminal Defense Lawyer I make it an objective to keep updated and informed as to changing and potentially influential cases and Jacksonville Criminal Laws. Just for clarification, Mr. Seay has not been convicted of any offense and is seeking this appeal by Writ of Prohibition. As all Jacksonville Criminal Defendants they are innocent until proven guilty. His Defense Attorney is working diligently to protect his client’s rights and to ensure that his client is treated fairly in the Jacksonville Legal System.

In that case, three men attacked Seay and his Friend. During the altercation Seay was beaten and forced back until a large tree obstructed his path of retreat, leaving no clear means of escape. That is when Seay pulled a gun and shot into the air. His intention was to scare the men and protect himself from death or serious bodily injury. However, from the angle Seay was located one of the men was shot and killed.

Unfortunately, Seay was not given immunity from his actions under Florida’s Stand your Ground Defense. Under that law, a person who is not involved in the commission of an unlawful activity and has a legal right to be at the place of the incident, they have a right to meet force with force and to not back down from a fight. Furthermore, the law allows a person to use deadly force if that person reasonable fears and/or believes it is necessary to use deadly force to prevent imminent death.

March 30, 2012

Craigslist Killer Sentenced Today

by David M. Goldman

Friday Morning marks the end to a long and highly publicized trial of David Kelsey Sparre. Jacksonville’s Circuit Judge Elizabeth Senterfitt sentenced Sparre, known as the “Craigslist Killer”, to Death. This sentence follows a guilty conviction by a Jacksonville Jury, which later unanimously voted in favor of capital punishment.

This conviction and sentence stems from the July 2010 killing of Jacksonville resident, Tiara Pool. The two met when Pool, then wife to a Navy Officer, posted an ad on Criagslist. Sparre, who was in town to assist his grandmother, responded to Pool’s ad and the two met at the hospital and returned to Pool’s apartment. While at Pool’s apartment the two got romantic and that is when she notified him of being married. That is when Sparre, according to the State, stabbed Pool 89 times before leaving to return to his grandmother.

As a Jacksonville Criminal Defense Lawyer I have been following this case quite closely. Both the State and the Jacksonville Criminal Defense team had a hard time proving their case. However, given the guilty verdict, the State was able to convince the jury Beyond a Reasonable Doubt that the Defendant, Sparre, had committed this murder.

March 30, 2012

Florida Teen Sentence in British Tourist Slaying

by David M. Goldman

Wednesday a Florida Jury convicted 17-year old Shawn Tyson of two counts of first-degree murder. Now since the innocent/guilt phase of the bifurcated Florida Criminal Trial has concluded with a guilty conviction, the sentencing phase is to follow. During this phase of the Criminal proceeding the judge and jury will hear mitigating factors that can be considered to potentially reduce the time the Defendant will spend in prison. Currently, the Defendant is facing a life sentence without the possibility of parole.

This case stems from the April killings of two British tourists, James Cooper and James Kouzaris, 25 and 24 respectfully. According to reports, the two were staying with family friends near Sarasota when the incident took place. On the evening of April 15, the two tourist set off for dinner and drinks in the downtown area. After becoming intoxicated and enjoying the Sarasota nightlife, they got lost and accidentally arrived in Tyson’s housing project shortly before 3 AM. There Tyson confronted the two lost and drunk British tourists. Tyson then proceeded to shoot the two as they stood before him.

As an Orange Park Criminal Defense Attorney, I have followed this case closely and the Defense team had a hard case to litigate. Ultimately, the State was able to prove the charges beyond a reasonable doubt. Therefore, the Defendant was found guilty. This case arose as a robbery gone bad, unfortunately, these tough economic times lead some to act out in violent was in order to make ends meet.

March 28, 2012

Christian Fernandez’s Mother Pleas Guilty In Duval County Courthouse

by David M. Goldman

As the trial for first-degree Murder of 13 year old Christian Fernandez continues, his Mother’s case has come to an end. His mother, Biannela Susana, charged with Aggravated Manslaughter has pleaded Guilty in Duval County’s Courthouse Wednesday. According to the plea bargain entered into she is facing a prison term between 13 months and 30 years.

The victim, David Galarriago, was her 2 year old son. According to the arrest and booking report, Biannela returned home to find her son unconscious. She then proceeded to clean the child, change his clothes, and place ice on his head. It was not until 2 hours later Biannela took her son to St. Luke’s Hospital for treatment.

Plea Bargaining is an essential part of St. Augustine Criminal Defense. As a Criminal Defense Lawyer, I know that most cases are handled through Plea Bargaining and very few actually make it to trial. In most cases, Plea Bargaining is in the best interest of the St. Augustine Criminal Defendant. As a Criminal Attorney, I advise all my clients of the pros and cons of a plea bargain. My attention to detail and driven attitude assist my clients in receiving the best possible outcome. Therefore, if you are facing a St. Augustine Criminal Offense or are located in the surrounding area, contact a St. Augustine Criminal Defense Lawyer today. It could prove to make all the difference in your case.

March 21, 2012

Cristian Fernandez Trial Date Set

by David M. Goldman

13-year-old Cristian Fernandez’s Sexual Battery case has been set for trial on June 25, 2012. This sexual battery case has overtaken Fernandez’s murder trial of his younger half brother.

Circuit Court Judge Mallory Cooper set the trial date after the defense team refused to waive speedy trial. Therefore, the State is required to bring a Felony Defendant to trial within 175 days unless a waiver is granted. The goal of the Private Defense Team is unknown with this maneuver through the court system. However, as June 25th approaches, Jacksonville should see some interesting details emerge as the case proceeds forward.

As a Criminal Defense Lawyer I follow Criminal cases closely to cure my curiosity. This case, in particular, challenges myself in how such a young man, 13, could be charged with such heinous crimes. It also makes me believe there might be some underlying issue that would negate these offenses and all the Jacksonville Criminal Defendant to either plea to a lesser offense or lessen the sentence.

March 14, 2012

Jacksonville Criminal Defense Lawyer Quoted In Tampa Bay Times

by David M. Goldman

A Jacksonville Criminal Defense Lawyer, Christopher D. Walsh, was recently quoted in a news article in the Tampa Bay Times regarding the Florida Evidentiary Standard. More specifically, regarding the Williams rule as it pertains to prior bad acts.

The Article can be read at “Will Pasco jurors hear about murder in defendant’s past?” written by Lisa Buie, a Times Staff Writer.

The general rule of Florida Evidence is evidence relating to the Defendant’s prior bad acts (i.e. crimes or wrongful conduct) is not admissible. However, under the Williams rule such evidence is admissible if relevant to prove a material fact in issue. A material fact can be described as a motive, opportunity, intent, preparation, identity, or the absence of a mistake or accident. Additionally, a prosecutor cannot bring in evidence relating to a Defendant’s bad character, unless the Defendant first “opens the door.” Basically, a prosecutor cannot present evidence of the Defendants bad character before the Defendant takes the stand and testifies to his “good” character.

February 20, 2012

Fallen Detective’s Partner to Attend Funeral

by David M. Goldman

src=”https://www.jacksonvillecriminaldefenselawyerblog.com/files/2015/02/White-Rose.jpg” width=”250″ height=”187″ class=”mt-image-left” style=”float: left; margin: 0 20px 20px 0;” />Clay County Detective, David White, funeral is schedule for Monday morning at First Baptist Church of Middleburg at 10 a.m. What surprised some is the amount of people who came to pay their respects to the family and the fallen detective on Sunday at the viewing. Thousands of people waited hours to offer their condolences to the White family. Furthermore, the fallen detective’s partner, Matt Hanlin, is supposed to be released from the hospital in time to attend his partner’s funeral.

Detective White lost his life when his partner and himself attempted to raid a suspected meth lab in Middleburg. According to the reports, the two detectives went to the front door of the home for a “knock and talk.” While talking to the suspect, he slammed the door and proceeded to fire shots through the door at the detectives. One shot took the life of Detective White and another shot wounded his partner, Detective Hanlin. As other officers arrived on the scene, the suspect was shot and killed while attempting to flee.

This was a tragic altercation that will not be forgotten. As a Jacksonville Criminal Defense Lawyer my thoughts and condolences goes out to the family of these Detectives. Detective White was a good and honest man and will be missed by his friends, family, and his brothers in arms, Clay County Sheriff’s Office.

February 17, 2012

Hollywood Architect Charged with Manslaughter of California Firefighter

by David M. Goldman

The ABA Journal reported the following criminal case:

“An $11 million mansion in Hollywood Hills was a deathtrap, officials are contending in an unusual criminal case brought against its architect after the death of a Los Angeles firefighter.

Despite the home’s hefty pricetag, the fireplaces in place at the time of the blaze did not meet building standards and presented an “extreme immediate and imminent hazard,” according to an affidavit attached to an article in the L.A. Now blog of the Los Angeles Times.