Murder

December 28, 2011

Florida Resident Killed over $1.25

A Miami-Dade resident and Cuba native was recently shot and killed after an attempted armed robbery on his way to work. The victim, Hector Vichot, 53, was on his way to work when approached by two men. The men demanded his money and when Hector turned to run away he was shot in the back. He was taken to a local Florida Hospital for treatment, but later succumbed to his injuries.

The incident occurred on December 16, just weeks before the Christmas. Hector’s Brother, Pedro, is distraught over the whole incident. He stated, although Victor is not married, he was close with his two children in Miami and one child in Cuba.

This was a tragic incident that resulted in the death of an innocent man. All for what; $1.25! Yes, that was all Victor had at the time of the attempted robbery. The suspects, who remain at large, will likely face attempted armed robbery charges, aggravated battery and assault, and murder. Penalties resulting from these criminal charges are normally severe and carry substantial jail time.

December 22, 2011

Admissibility of Collateral Crimes and Premeditation for Murder

by David M. Goldman

Balzourt v. Florida comes before the 2nd DCA on appeal from the Circuit Court for Polk County. The appellant is appealing his first-degree murder charges under two different legal theories. First dealing with the Rules of Evidence and the admissibility of collateral crimes. Second dealing with the State’s burden of proving premeditation to support the charge of first-degree murder.

The appellant was convicted for murdering his then girlfriend and setting her body on fire in the nearby woods. The victim’s cause of death was determined to be asphyxiation and the state was able to prove the appellant had committed the murder.

The first issue in this appeal deals with the Williams rule. The appellant contends the evidence allowed to be admissible did not similar enough to satisfy the requirements for admissibility. Under Williams, collateral crime evidence is only permitted when used to prove a material fact and not just to show bad character or propensity. Furthermore, Courts have required strict compliance and similarity between the acts before they can be admitted before the courts. In this case, the State introduced evidence of a prior strangulation of an ex-wife of the appellant. In that incident, the two were arguing over an ex-boyfriend and during the heated argument he strangled her to the point of unconsciousness. That incident took place in the middle of the day. In contrast, this incident occurred between the appellant and a girlfriend, in the middle of the night, and the state failed to prove what caused the incident in the first place. Based on the forgoing facts, the Court determined the evidence was improperly admitted and remanded for a new trial.

December 22, 2011

Jacksonville Resident Charged with Murder after Beating Father to Death

by David M. Goldman

Earlier this week Jacksonville Police charged Timothy Byrd, a 50 year old Jacksonville resident, for murder after his father died from injuries sustained during an alleged “play fighting” incident that took place over Halloween weekend.

The victim, Robert Byrd, was an 83 year old Jacksonville resident and father to Timothy Byrd, the suspect in this case. According to Jacksonville Police reports, Timothy was originally arrested for aggravated battery in connection with this incident, but following his father’s death on November 17th, he was subsequently charged with murder. The suspect has admitted to striking his father, but claims they were just “play fight[ing].” This case is still in the initial stages and will be interesting to follow as the facts of this incident come to light.

When facing a murder charge, the advise and counsel of a Jacksonville Criminal Defense Lawyer will be advantageous to a Jacksonville Criminal Defendant. The legal process is complicated, complex, and not always favorable to unrepresented Jacksonville Criminal Defendants. That is why it is important to contact a Jacksonville Criminal Defense Lawyer if you are facing Criminal charges or already have Criminal charges pending. A Jacksonville Criminal Defense Attorney will discuss your case with you, determine possible defenses and justifications, and work with you for the best possible outcome in your Criminal law matter.

December 8, 2011

Atlantic Beach Domestic Violence Shooting

by David M. Goldman

As I drove down Mayport Road this morning on my way to the Duval County Court House to defend a Jacksonville Criminal Case, I noticed Atlantic Beach Florida police cars all over the place. Police officers were on almost every street aligning Mayport Road (A1A) in Atlantic Beach, Florida. As a Jacksonville Criminal Lawyer, I assumed the worse. I thought to myself: “they must be searching for a suspect; there must be a murder weapon in the area; they are looking for someone that was involved in a Jacksonville hit and run accident.” I wanted to stop and ask an officer, but I knew that the Duval County Courthouse was not going to wait for me, and my client would not be happy if his Jacksonville Criminal Defense attorney did not show up on time. Thus, I kept driving.

After surfing the web and reading an article published by First Coast News, I discovered that a deadly shooting occurred that morning in Atlantic Beach, Florida. According to First Coast News:

“Authorities arrived on the scene at 12:55 at 87 South Forrestal Circle where they found a white male who had been shot in the chest. The victim was taken to Shands Jacksonville, where he was pronounced dead. The Jacksonville Sheriff’s office identified the victim as 25-year-old James Lee Morrow. Police said a woman came out of the house and confessed to authorities that she shot the man. She was taken to the police station for questioning by JSO homicide investigators, along with two witnesses who also lived at the home. JSO identified her as Angela Morrow. Police said the victim and the woman are husband and wife. JSO said this afternoon that no charges had been filed and the investigation is ongoing.”

December 5, 2011

Jacksonville Plea Deal is Not Reached in Youth’s Murder Case

by David M. Goldman

Christian Fernandez is the 12-year-old boy that has been charged as an adult for murder in Jacksonville, Florida. He is the youngest juvenile to be charged as an adult. While the Jacksonville State Attorney’s Office and Fernandez’s Public Defender have been trying to negotiate a plea deal in this Jacksonville Murder Case, they have been unable to come to an agreement. Since the prosecution and defense cannot come to an agreement about a Jacksonville plea deal, the case has been set for a jury trial. This Jacksonville Juvenile Murder trial is set to take place on February 27, 2012. At that time, the jury will be picked and the trial will likely take place through out the week. Unless the Jacksonville prosecutor and defense attorneys come to an agreement, the case will be tried. If the case is not ready for trial, the parties may move to continue the trial. However, it is up to the Duval County judge to decide whether or not to grant the motion to continue.

It appears that this murder trial is not the only thing that Fernandez’s Jacksonville Criminal Lawyers need to be concerned about. The Jacksonville.com reports the following information:

“The defense filed a motion to dismiss the original indictment, the prosecution indicated they’d also seek a second indictment against Fernandez for another offense. That second matter has been under investigation all along and involves another crime that carries a penalty of life in prison, authorities said.

November 14, 2011

Jacksonville Beach Shooting Death Result in the Arrest of Three People

by David M. Goldman

Last month, a Jax Beach man was shoot and killed in Jacksonville Beach, Florida. Three men have been arrested for this Jacksonville Beach shooting. Jacksonville police suspect that the shooter was William Brown, age 18. Local media (News4Jax) has reported that

“investigators also arrested two other suspects locally in Neptune Beach. They were identified as 27-year-old Adam Holleran, who’s charged with armed robbery, and 27-year-old Matthew Webber, who’s charged with armed robbery and accessory after the fact.”

According to the media reports, it appears that Brown gave information to police that resulted in his arrest. The information that he provided about this Jacksonville robbery and shooting likely led to the result of the other two suspect. Therefore, each of these Jacksonville Criminal Defendants will have a conflict of interest and need separate Jacksonville Criminal Lawyers.

September 22, 2011

Jacksonville Criminal Defense Attorneys Comment on the Troy Davis Execution

by David M. Goldman

Yesterday, Troy Davis was executed for the crime of murder in Georgia. Due to the mass-media attention, the recantation of key witness’ testimonies, and mixed feelings about the death penalty, many Jacksonville Criminal Defense Attorneys have been discussing this case. As a Jacksonville Criminal Defense Attorney, I have heard mixed feelings from other Jacksonville Criminal Lawyers. Some lawyers believe that the appellate system and court system have many checks and balances. When a criminal case is appealed, it often goes through a lengthy appellate process. This is especially true in death penalty cases. After reviewing the time line in the Davis case, it appears that several courts have reviewed the Davis case and ruled against him. He was given more chances than most criminal defendants on death row.

On the other hand, Jacksonville Criminal Defense Attorneys have stated that this is a grave injustice. This reminds me of the statement, “err on the side of caution.” While Davis was convicted by a jury of his peers and sentenced to death, the witnesses that gave statements leading to his conviction have recanted. Therefore, it is possible that an innocent man was executed today. One Jacksonville Criminal Defense Attorney made an excellent point today. He stated, “instead of a potentially guilty person remaining locked in prison until the truth came out, a potentially innocent person was executed.”

Although Davis is no longer alive, his case will affect the judicial system. Criminal cases that attract massive media attention affect the jury pool, which in turn has an effect on the outcome of future criminal cases.

September 21, 2011

Jacksonville Criminal Lawyer Discusses Troy Davis Criminal Case

by David M. Goldman

As a Jacksonville Criminal Defense Lawyer, people, including my family, will ask me about criminal cases that have been in the media. The Georgia murder case involving criminal defendant, Troy Davis, is no different. However, this Savannah, Georgia case hits close to home, considering that I am from the area. Davis is set for execution by the Department of Corrections at 7:00 p.m. this evening. Many people have demonstrated against the execution due to the fact that the witnesses have recanted their testimony. According to reports (Wikipedia.org):

“Former prosecution witness Antoine Williams stated he did not know who had shot MacPhail, and that because he was illiterate he could not read the police statements he had signed in 1989. Other prosecution witnesses, Jeffrey Sapp and Kevin MacQueen testified that Davis had not confessed to them as they had stated at the initial trial. Darrell Collins also recanted his previous evidence that he had seen Davis shoot Cooper and MacPhail. The witnesses variously described their previous testimony against Davis as being the result of feeling scared, of feeling frightened and pressured by police or to get revenge in a conflict with Davis.”

Like many Jacksonville Florida Criminal Lawyers, I find it easier to view an outline of events to better understand a case. Here is an brief timeline of the case (via Yahoo.com):

July 11, 2011

Public Backlash in Casey Anthony’s Florida Criminal Case Results in Judge Declining to Release Jurors’ Names

by David M. Goldman

The Florida criminal jury verdict of not guilty in Casey Anthony’s case led to public outcry and outrage. This could be seen in protests, blogging, and postings on social media websites. Reporters have asked Judge Perry, the Florida Criminal Judge that presided over the trial, to release the names of jurors that decided this Florida criminal case. Although, Judge Perry usually will release the names of jurors, he refused to in this case, because of the threats that have surfaced and the public anger. According to the Florida Times-Union, “he said he doesn’t want public reaction to translate into harm for people who ‘don’t have a choice about serving on a jury.'”

July 6, 2011

Jacksonville Criminal Lawyer Submits Rejected Guilty Plea to Jacksonville Felony Court

by David M. Goldman

Thomas Brown’s Jacksonville Criminal Lawyer submitted mitigating evidence to Judge Elizabeth Senterfitt for Brown’s sentencing hearing.

“Assistant Public Defender Fred Gazaleh entered Brown’s rejected plea form and a stack of psychological records into evidence Tuesday as the case approaches a September sentencing. The evidence will be used to argue that Brown, 29, was a troubled man who snapped when he killed Juanese Miller, 22, at a Wendy’s restaurant on St. Johns Bluff Road in June 2009 but that he has since accepted responsibility.” (Jacksonville.com)

The Jacksonville criminal jury returned a 7 to 5 recommendation in favor of the death sentence. However, the Jacksonville criminal sentence will be up to the judge. She will decide if he serves life in prison or is sentenced to death. The sentencing will occur in September.