Gun Crimes

January 24, 2012

Jacksonville Party goes Wild; One Dead, One in Critical Condition

Saturday night was supposed to be a time of celebration and festivities for Jacksonville locals on the Northside. The party started as a celebration of the opening of new Northside business, but ended with one man dead and another in critical condition. But, the story takes an unfamiliar path. The police respond to a shooting at the party, where one dies, and while investigating a fight breaks out and leaves another in life-threatening condition. However, what really occurred?

The Jacksonville Sheriff’s Office have made two arrests in connection with the violent beating, but still have not made any arrest in relation to the shooting. One man arrested, Marlon Brice, police state they saw him “kicking” the victim. Here is my issue, there were over 150 people at this party and the police would have been at a severe disadvantage as to viewpoint and location. Is Brice really the person they saw? All those legs in the mix could easily be misidentified. As for the other man, Cory Williams, police allege he shot several times at vehicles as they left the scene. He has subsequently been charged with “shooting a gun at the scene.” Another tough case to prove, yes he had a weapon, but did he actually shoot it or was he covering for another? Did he just happen to pick up the weapon when police arrived? All these questions and more will have to be answered as this case progresses.

Parties can get out of control and when such large numbers are involved, incidents of violence can occur. However, just because Police have made arrests does not always mean they got the right man. That is where the advise and counsel of a Jacksonville Criminal Defense Lawyer can prove to be invaluable. They can review your case, make proper determination as to justifications and defenses, and make sure your rights are being protected. So, if you are facing Jacksonville Criminal

January 20, 2012

Woman Allegedly Robbed at Gunpoint Following a Pizza Delivery

by David M. Goldman

On Tuesday night a pizza delivery woman was allegedly robbed at gunpoint. According to reports, the woman completed a pizza delivery around 8 PM when, on her way to her vehicle, an armed man approached from behind and demanded all her money. The woman proceeded to throw approximately $180 on the ground. As the suspect retrieved the money from the ground, the woman ran back to the apartment and called the police. The identity of the alleged suspect is unknown because he was wearing a ski mask during the alleged incident.

If these facts prove to be true, the Jacksonville suspect could be facing charges of Armed Robbery. In an earlier Jacksonville Criminal Defense Lawyer Blog, I described the nuisances of Robbery and the penalties that could result from being convicted. In this case, the charges of Armed Robbery would constitute a first-degree felony, because a deadly weapon was used during the course of the robbery. The penalty for a conviction of a Jacksonville Armed Robbery could result in 30 years or life imprisonment and/or up to a $10,000 fine.

Armed Robbery is a serious criminal offense and should not be taken lightly. Also, taking on the Criminal Justice system alone is not always advantageous to a Jacksonville Criminal Defendant. That is why the advice and counsel of a Jacksonville Criminal Defense Lawyer could prove to be invaluable. With that being said, if you or a loved one are facing a Jacksonville Armed Robbery charge or any type of Jacksonville Criminal Charges, contact a Jacksonville Criminal Defense Lawyer to discuss your case and to make sure your rights are being protected.

January 16, 2012

Jacksonville Child Shot in Gun Accident

by David M. Goldman

A Report just released stated a 3-year-old Jacksonville boy was shot in the shoulder when a gun he was handling went off. According to the Police report the bullet struck the floor then ricocheted off, striking the young child in the shoulder. The boy was taken to a local Jacksonville Hospital for treatment.

This is a breaking news story and the details are not fully disclosed at this time. But, as a Jacksonville Criminal Defense Lawyer, I do have several points that should be taken under consideration. First, why was a child handling a weapon? Better yet, why was a child handling a LOADED weapon? Second, where were the parents during this incident? Did they approve of his handling or were they neglecting the child and left him to his own devices? All these questions and more will have to be determined for the police to proceed into their investigation.

This type of accident is both tragic and heartbreaking. The 3-year-old will have lasting scars and the horrific memory of being shot; a pain that no one should ever feel. Additionally, depending upon the circumstances, the parents could be facing criminal charges as well. This case is still in the initial stages and only as the facts present themselves, will we be able to predict how this investigation will end.

January 11, 2012

Recent Attempted Manslaughter Case lends the Question, What is Using a Firearm while under the Influence of a Controlled Substance?

by David M. Goldman

This question stems from the recent Jacksonville Criminal Law case where Tyler Woody Willis, 18, has been arrested and charged with the attempted manslaughter, using a firearm under the influence of drugs, and use or possession with intent to use drug paraphernalia. These charges come from an incident between Willis and his friend, the victim, William Brandon Hodge, 17. However, my question is “what is using a firearm while under the influence of a controlled substance?”

Using a firearm while under the influence of a controlled substance is defined by Florida Statute § 790.151. The Statute states the offense is a second-degree misdemeanor punishable by up to 60 days in jail and a fine not to exceed $500. Furthermore, this offense is defined as “discharging a firearm or to have a firearm readily accessible for immediate discharge, [the gun being] loaded and in a person’s hand, and for [such] person [to be] under the influence or alcoholic beverages or any controlled substance.”

But what does all this mean for a Jacksonville Criminal Defendant? First, if you are drinking, using drugs, or under the influence of a controlled substance and a firearm is near; you could be charged with this offense. Second, although just a second-degree misdemeanor, the penalties are still severe, but the crime is not absolute, there are possible defenses and mitigating circumstances. Was the act in self-defense or protection of one’s property? Did the Defendant have the gun in his possession? These and more are all aspects that a Jacksonville Criminal Defense Lawyer will take into consideration while reviewing your case and making the best determination in protecting your rights.

January 3, 2012

What Happens to the Person who put up the Bond for someone that does not return to Court?

by David M. Goldman

As a Jacksonville Criminal Defense Lawyer many Criminal Defendants are out on bail. Bail comes in many forms and is determined by the judge during the initial appearances of the defendant. Furthermore, a bail can be set in a monetary amount, ROR, or surety. But, what happens if bail is paid and subsequently the Jacksonville Criminal Defendant does not appear at the required court hearing?

Florida Statutes Chapter 903 specifically deals with all matters relating to Bail. The Statute of particular importance in this blog is § 903.26 “Forfeiture of the bond…” According to the Statute, a bond can be forfeited for a breach of the conditions set forth in the bond and/or failure of the Defendant to appear at a required Court hearing. Failure of a Defendant to appear at a required Court hearing can have serious adverse consequences in your pending Jacksonville Criminal case. Additionally, up failure to appear the Court will issue a capias or a bench warrant for your arrest. A warrant will only compound the Criminal issues that are presently before you.

What about the person who paid the bond for your release? They will not have criminal or civil charges brought against them, unless they aided or assisted in your bail jumping. However, they will have lost the amount of money given to the Courts guaranteeing your return. This can be a substantial loss for some. It could mean the loss of your home, car, or a large sum of money. My advise for those who decide to post bail for another, make sure the Jacksonville Criminal Defendant is going to return to court before deciding to post their bail. It will not benefit either party if the Defendant does not return to Court.

December 23, 2011

Resident Arrested for Attempted Murder of Police Officers

by David M. Goldman

Earlier this week, Tuesday, three uniformed police officers were shot at while conducting an undercover investigation following a recent carjacking in the area. Luckily none of the officers were hurt during the incident, but the vehicle did sustain two gun shot wounds. Later in the week, Jacksonville Police arrested Fred Calvin Childs for the attempted murder of the police officers.

The Jacksonville Police were located at the Forest Park apartment complex shortly after 8 PM on Monday conducting an undercover investigation. During their third trip around the complex someone in a crowd of people opened fire on the officers. Most of the shots missed, but two struck the passenger side of the vehicle. The police left the area and quickly returned to question witnesses. Several people were taken into custody for questioning and later Mr. Childs was arrested after finding a handgun in his apartment.

This case is still in the initial stages and the charges against Mr. Childs are likely to change. 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. They will be able 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 21, 2011

Jacksonville Resident Defends Home

by David M. Goldman

Wednesday morning reports have come out stating a Jacksonville homeowner has shot and killed a burglary suspect. According to Jacksonville Sheriff’s Office (JSO), the suspect was in the Westside neighborhood and looking for homes and vehicles to break into. Unfortunately, this burglary suspect met with a homeowner that was not willing to give up. The Police report stated the burglary suspect and the homeowner confronted each other and a fight ensued. It is not clear from current reports where the gun came from, but the homeowner shot and killed the suspect.

In Jacksonville, Burglary is defined by Florida Statute § 810.02, which reads “[e]ntering a dwelling, a structure, or a conveyance with the intent to commit an offense therein…or to commit or attempt to commit a forcible felony. Additionally, under Florida Statutes, Burglary is considered a forcible felony. (Fla. Stat. § 776.08). Here, the suspect had intent to enter the home and the intent to commit a forcible felony within (i.e. burglary).

Furthermore, Florida law permits the use of deadly force to protect one’s home against invasion and imminent threat of serious bodily injury or death or the commission of a forcible felony. This theory is known as the “castle doctrine.” Here, the suspect was inside the home of the victim and intended to commit a forcible felony. Therefore, the homeowner could be justified in using deadly force against the suspect.

December 21, 2011

Salter v. Florida- consider youthful offender sentencing

by David M. Goldman

This case is an appeal from the 15th Circuit in Palm Beach County, where the appellant appeals his conviction, jury instructions, and Court’s refusal to consider youthful offender sentencing. The 4th DCA affirmed the conviction and jury instruction, but remanded the sentencing decision to another judge for review of youthful offender status.

The case arose from an armed robbery at a gas station in Palm Beach County. The suspects brandished a weapon during the robbery and while exiting the building fired one shot towards the clerk. The suspects fled the scene. Later the police approached a vehicle for broken taillight. The appellant was found in the backseat with clothing, a gun, and money that matched the type used in the robbery. The appellant made conflicting statements to the police about his participation in the robbery, his statements went from not there to just driving the vehicle. He was found guilty for armed robbery and sentenced to ten (10) years in jail.

The appellant, Harry Salter, appeals the denial of his motion for acquittal and the jury instruction for not making special remarks into the validity of circumstantial evidence. The 4th DCA reviews motions for acquittal De Novo. The appellant argues the evidence was insufficient to prove his guilt and therefore uphold his conviction. However, the court reasoned there was enough direct and circumstantial evidence upon which the jury could draw the conclusion of guilt. Furthermore, the court has the discretion as to give jury instructions regarding circumstantial evidence and the appellant has failed to demonstrate the court’s abuse of its discretion.

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 6, 2011

Two Men Arrested for Orange Park Florida Robbery

by David M. Goldman

Two Men were arrested for robbery in Orange Park, Florida. Clay County police officers arrested Jai Noble (31-year-old) and Brandon Allgood (17-year-old) for armed robbery of an Orange Park Florida convenience store. According to Clay County police reports, Allgood held the store clerk at gunpoint, and Noble went to the back of the store where another clerk was located. The police stopped Noble and Allgood in a white van. They found a handgun, bulletproof vest, and $3,283 in envelopes.

The Clay County State Attorney Office will likely charge both men with armed robbery. Allgood will likely be charged as an adult rather than a juvenile offender. He will be facing the Florida 10-20-Life Statute. Under the Florida 10-20-Life Statute, since he is charged with possession a firearm during the commission of the felony, he could be sentence to a minimum mandatory sentence of 10 years in the Florida State Prison. As for Noble, it is unclear as to whether authorities are alleging that he was in possession of a firearm, as the media reports are conflicting (news4jax.com).

It is imperative that Noble and Allgood obtain Florida Criminal Defense Attorneys for their Clay County Criminal Case. They should have separate lawyers, because they will likely have a conflict of interest. If they do not have one now, they will once the case is investigated further.