Murder

February 10, 2012

Florida Teen Who Killed his Grandmother has been Charged

19 year old, Jasper Smiddie, of Lake Wales, Florida has been charged with the heinous murder of his grandmother. According to Police reports, the grandmother, 67 year old Gloria Helfrinch, was stabbed 93 times, hit with a wrench, and shot with a crossbow. The suspect was arrested the following morning and has subsequently been charged with first-degree murder.

As a Jacksonville Criminal Defense Lawyer I hear about different Murder cases all the time, but this one has stood out from the rest. According to investigating authorities, the boy originally planned on killing his uncle, but instead decided to kill his grandmother to make his uncle “suffer.” However, this case proceeds further, after killing his grandmother in her room in the house they share; his uncle came over for dinner and a movie, completely unaware of what had occurred just a few feet away. It was not until the next morning when the boy left that he called his father and notified him of what he had done.

In Florida Murder is defined within Florida Statute § 782.04 as, the unlawful killing of another human being when perpetrated from a premeditated design to effect the death of the person killed or any human being. In this case, the offense would constitute a first-degree felony and could be facing the death penalty or life in prison. However, there may be some mitigating circumstances that could potentially reduce his sentence, if convicted. Does this boy suffer from any mental deficiencies that would hinder his ability to reason? Were there any other mitigating factors that may negate liability? Was a confession given? If so, were proper procedures taken? These are just a few avenues a Jacksonville Defense Lawyer would consider.

February 9, 2012

Missouri Teenager is Sentenced to Life

by David M. Goldman

A Missouri, Alyssa Bustamante, 18, teenager confessed to killing a 9-year-old girl, because “she wanted to know how it felt to kill someone.” She pled guilty in January to second-degree murder and armed criminal action for the 2009 murder. Today, she was sentenced to life in prison with the possibility of parole and “a consecutive 30-year term in the armed criminal action charge.”

At the hearing, Prosecutors cited her journal entries where Bustamante described the exhilaration of killing Elizabeth:

“I strangled them and slit their throat and stabbed them now they’re dead Bustamante wrote in her diary, which was read in court by a handwriting expert. “I don’t know how to feel atm. It was ahmazing. As soon as you get over the ‘ohmygawd I can’t do this’ feeling, it’s pretty enjoyable. I’m kinda nervous and shaky though right now. Kay, I gotta go to church now…lol.”

(yahoo.news)

February 7, 2012

5 Suspects Sought after Orlando Night Club Murder

by David M. Goldman

Florida Police are investigating the death of Chico Randolph at a local nightclub after a fight broke out following the Super Bowl. The incident occurred at Legacy Ultra Lounge in Orlando around 2 AM Monday morning. Florida Police are still investigating the incident and are actively seeking 4 dark-skinned men and 1 dark-skinned woman all of which may have heavy West Indian accents for their connection with the shooting of Randolph.

According to Florida Police reports, there were approximately 100 people inside the establishment when the first fight broke out at 1:30 AM. Police believe the cause of the altercation started after smoke was blown into another’s face. The fight was broken up and escalated again around 2 AM when the victim was shot. Tragically, he was not only shot twice, his body was also trampled over as people fled the establishment.

Since the suspects are still in the wind, no formal charges have been filed. However, from the information provided from this article, there potentially could be a good case for Homicide or Murder. In Florida, Murder is defined under F.S.A. § 782.04 as the unlawful killing of a human being when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual.

January 25, 2012

Truck Driver Murdered over Jealousy Trial Begins

by David M. Goldman

The trial for Colavito Bell began yesterday in Duval County Court. According to opening statements by the Assistant State Attorney which claimed Bell shot Christopher Oney, the victim, because he was jealous that he was getting more work than himself. The Defense Attorney, in contrast, stated Lyn Ragan, fiancé of the victim, was responsible for the distribution of the workload and that she would have lost her job if the relationship or favoritism were discovered. The trial continues today.

So what could Bell, the Jacksonville Criminal Defendant, be facing? Potentially, he could be convicted of first-degree murder. Unless the State fails to prove its case beyond a reasonable doubt or the Defense Attorney establishes mitigating circumstances. In addition, if the facts prove insufficient a conviction cannot be upheld. Murder, is defined in Florida as the unlawful killing of another human being, when either the perpetrated from a premeditated design to effect the death of the person killed or any human being or during the commission of the enumerated felonies listed within the statute. (F.S.A. § 782.04).

Murder is a serious criminal offense, therefore, the advise and counsel of a Jacksonville Criminal Defense Lawyer will prove to be advantageous to a Jacksonville Criminal Defendant. The legal process is complicated, complex, and not always favorable to unrepresented Jacksonville Criminal Defendants. If you have Jacksonville Criminal charges pending against you or a loved one, contact a Jacksonville Criminal Defense Lawyer who will discuss your case, determine possible defenses and justifications, and work with you for the best possible outcome in your Criminal law matter.

January 24, 2012

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

by David M. Goldman

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 23, 2012

Police Find Body Near Florida Lighthouse

by David M. Goldman

When a prosecutor must prove a murder case beyond a reasonable doubt, the more evidence that he or she has, the better the chances of conviction. On the other hand, when defending a murder case, you must look for the lack of evidence to establish reasonable doubt. The Casey Anthony trial is a prime example of a murder case that had a lack of evidence sufficient enough to result in an acquittal of murder charges. For instance, due to the extensive decomposition of Kaylee Anthony’s body, the exact cause of death was unknown. Therefore, this made it more difficult for a jury to convict Anthony.

Yesterday, police found a body near the St. Augustine Lighthouse, and they are working to identify it.”

News4Jax reports that “St. Augustine Police Officer Mark Samson said kayakers on an eco-tour found the body of a middle-age man in Salt Run and 10 a.m. and notified authorities. He said there was no visible trauma to the body. The man was carrying no identification and police are reviewing reports of missing men in the area. An autopsy was to be performed to learn the cause of death and dental records would be used to try and identify the victim.”

January 23, 2012

Soldier Sentenced for Killing his Wife and Child

by David M. Goldman

A Jacksonville Soldier was sentenced to 80 years in prison for the murder of his wife and child back in April 2010. The soldier, Kip Lynch, was convicted of murder back in June for the deaths of his 19 year old wife, Racquell, and their 8 month old daughter, Kyirsta. According to the Defense team and Soldiers who testified on Kip’s behalf stated post-traumatic stress disorder (PTSD) played a role in this incident.

Homicide or Murder, is defined in Florida as the unlawful killing of another human being, when either the perpetrated from a premeditated design to effect the death of the person killed or any human being or during the commission of the enumerated felonies listed within the statute. (F.S.A. § 782.04). This crime constitutes murder in the first-degree, which is a capital felony. Therefore, the crime of Murder is punishable by Death.

Murder is a serious criminal offense, therefore, the advise and counsel of a Jacksonville Criminal Defense Lawyer will prove to be advantageous to a Jacksonville Criminal Defendant. The legal process is complicated, complex, and not always favorable to unrepresented Jacksonville Criminal Defendants. If you have Jacksonville Criminal charges pending against you or a loved one, contact a Jacksonville Criminal Defense Lawyer who 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.

January 17, 2012

Iraq War Veteran charged with Murder in California Homeless Slayings

by David M. Goldman

Former United State Marine, Itzcoatl Ocampo, was charged with four counts of murder in California for the deaths of four homeless men. Media Reports stated that “the killing spree began in December, raising concerns that a serial killer was preying on the homeless. Police and advocates then went on nightly patrols to urge them to sleep in groups or seek shelter.” Each victim was stabbed multiple times. There has been no evidence submitted “on the evidence against Ocampo, or a possible motive. But Anaheim Police Chief John Welter has said investigators are confident they have the man responsible for the murders.”

According to his family, Ocampo “was deployed to Iraq in 2008 and came back a changed man. He said his son expressed disillusionment and became ever darker as he struggled to find his way as a civilian. After he was discharged in 2010 and returned home, his parents separated. The same month, one of his friends, a corporal, was killed during combat in Afghanistan. His brother said Ocampo visited his friend’s grave twice a week.”

January 13, 2012

Van der Sloot Sentenced to 28 Years in Prison

by David M. Goldman

This week has been a big week for the family of Natalee Holloway. “Six years after teenager Natalee Holloway went missing in Aruba, an Alabama judge has declared her dead. The move, announced in court today, follows a September request by Holloway’s father; he wants to stop paying for her health insurance and give her college fund money to her brother…” (Newser.com)

Additionally, On January 10, 2011, Jordan van der Sloot, the only suspect in the disappearance of Holloway pled guilty to the murder of Stephany Flores in Lima, Peru. “He reportedly claimed in a confession shortly after the slaying that he’d killed Flores because she found information linking him to Holloway on his computer.” (Yahoo.com)

His attorneys hoped that he would receive five years in a Peruvian prison for manslaughter. The prosecutor sought 30 years. Today, he was sentenced to 28 years from for first degree murder for this strangling death.

January 11, 2012

Van der Sloot Pleas Guilty to Murder in Lima, Peru

by David M. Goldman

The name Jordan van der Sloot became popular in the United States after the disappearance of Natalee Holloway, an American teenager. Although an extensive investigation was conducted and volunteers throughly searched the area, authorities were never able to find enough evidence to pursue criminal charges again Van der Sloot for the murder of Holloway. This case attracted attention from the legal community and the media alike. Many criminal attorneys discussed this homicide case and believed that Van der Sloot got away with murder and that justice was not being served.

Five years later, Van der Sloot murdered a woman that he met in a casino in Lima, Peru. Yesterday, he entered a plea of guilty to the murder charge. He confessed to the crime and told the court, “I want to plead guilty. I wanted from the first moment to confess sincerely… I truly am sorry for this act. I feel very bad.” (yahoo.com) He confessed to killing Stephany Flores in May of 2010; “he told police he killed Flores in a fit of rage after she discovered on his laptop his connection to the disappearance of Holloway.”

His lawyer argued that he killed Flores “as a result of ‘extreme psychological trauma’ he suffered from the fallout of the 2005 disappearance on the Caribbean island of Aruba of Natalee Holloway.” She “claims the killing was manslaughter, for which the minimum sentence is 5 years. Police forensic experts disputed that claim and the attorney for the victim’s family contends Van der Sloot killed Flores, a business student from a prominent family, in order to rob her. Prosecutors are seeking a 30-year prison sentence on first-degree murder and theft charges.”