Practice Areas

General Criminal Defense

• Wade Gets 27 Years for Teen Love Triangle Killing
  Sep 03, 2010

  Today, 20 year old Rachel Wade was sentenced to 27 years in prison for stabbing to death another teen girl who was seeing her boyfriend.  Wade was convicted of second-degree murder after a jury trial last month.  The sentencing guidelines for second-degree murder dictate the range for sentencing to be from 20 years to life.  Wade was convicted of killing Sarah Ludemann, 18 years old, by stabbing her in the heart on April 15, 2009. 

   

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• Brothers Arrested in Clearwater Road Rage Shooting
  Jul 14, 2010

  Two brothers from Clearwater Florida were arrested for charges related to a road rage shooting.  Adrian Precaj, 24, shot a man after an argument at a gas station in Largo and was charged with attempted murder.  The arrest report states the brothers followed the man, cut him off, then Adrian got out of his vehicle and shot at the man's car door, while the man remained in his vehicle, numerous times. His younger brother, Domeniko Precaj, 18, chased the shot man and drove Adrian away after the incident.  Accordingly, Domeniko was charged with being a principal to the attempted murder.  - 2 - 10

• Charges brought against fourth suspect in Tampa FL manslaughter case
  May 10, 2010

  Tampa police announced today that Ulysses A. Grant is the fourth suspect in a case of James Toney's death.  Toney, 56, was found dead in a trash bin at 1947 W. Main St. While the autopsy has not been completed on the body, investigators have confirmed that a beating contributed to the death. 
  
  Three other men have been arrested as suspects in Toney's death on manslaughter charges in late April as well: Jarvis Troupe, 24, Keontrye R. Williams, 23, and Renell M. Little, 17.  Williams and Little are being held without bail and Troupe is being held with bail set at $100,000. 
  
  Grant was arrested on February 27 on drug charges.  He was released the same day with his bail set at $22,500.  - 3 - 10

• Human Bones Yet to Lead Authorities Closer to Resolving Tampa Death
  Mar 24, 2010

  Six years after Lisa Ann Mowrey disappeared, her bones were discovered on the side of Interstate 75.  However, authorities appear to be no closer to solving the mystery surrounding Mowrey's death.  The police are waiting for a cause of death finding from the Medical Examiner's Office, which was initially able to identify the body by Mowrey's dental records.
  
  Mowrey was eighteen years old when she left home to catch a bus to go to class and was never heard from again.  At the time she disappeared, Mowrey had been staying with a high school teacher, Dawn White, after graduation due to family issues.  The teacher persuaded her not to run away from home and instead, come live with her. 
  
  The police had previously been called to the Mowrey family business because of a domestic incident where Mowrey was the reported victim and her father was the alleged abuser.  The case was later dropped due to lack of proof and no one was ever arrested. 
  
  Mowrey was the oldest of her siblings, played volleyball, and wanted to be a veterinarian.  White observed Mowrey acting strangely prior to her disappearance, crying often and acting skittish.  White later learned Mowrey suffered from bipolar disorder and depression.  - 4 - 10

• Tampa Man Arrested for Calling 911 Requesting Sex
  Nov 16, 2009

  Last week, a Tampa man, 29 year old Joshua Basso, was arrested for repeatedly calling 911 asking for sex. Basso made sexual comments to the 911 dispatcher and requested to come to her home.  The dispatcher hung up but Basso called back four additional times. 
  
  Basso was arrested 15 minutes later and charged with making a false 911 call.  He allegedly told officers that he did not realize he would get in trouble for calling 911 and claimed it was the only number he could dial after he ran out of cell phone minutes. 
  
  Basso is presently being held without bond.  It appears that he has been arrested for theft and other crimes dating back to 2001.  - 5 - 10

• Animal Cruelty Videos: Protected Free Speech?
  Oct 07, 2009

  On October 6, 2009, the U.S. Supreme Court heard oral arguments on the issue of whether it was constitutional for Congress to prohibit the broadcasting of a “Human Sacrifice Channel” in the United States. The facts of the case involve a federal appellate court that struck down a law against selling videos containing scenes of animal cruelty, on First Amendment freedom of speech grounds. 

  The Court seemed reluctant to resurrect that law due to the fear that it may be used to promote images of illegal hunting or bullfighting.  Justice Antonin Scalia opined that the First Amendment prohibited the government from limiting speech unless the content involved obscenity or sex.  Interestingly, Justice Samuel Alito had a series of questions regarding whether videos showing human sacrifice were analogous and would similarly be protected as free speech.  He coined such programs the “Human Sacrifice Channel” and wondered whether Congress could ban such broadcasts. 

  The law at issue was enacted 10 years ago, in direct response to the market for videos showing women in high-heeled shoes crushing small animals.  Since then, the law has generally been used to prosecute individuals selling dog-fighting videos.  By the end of oral argument, the Justices seemed to be considering the possibility of either upholding the federal appeals court’s striking of the law in its entirety or narrowing the legislation to prohibit only the “crush videos.”  The high court will likely enter a ruling in the next several months. 

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• U.S. Supreme Court to Decide Right to Bear Arms Case
  Oct 01, 2009

  On September 30, 2009, the U.S. Supreme Court agreed to hear the landmark case of McDonald v. Chicago and determine whether state and local gun control laws violate the Second Amendment.  This decision may impact gun control laws nationwide. The high court could potentially broaden the scope of what can constitute "self-defense" in cities and states across the country.

  The issue is whether the Seventh Circuit U.S. Court of Appeals properly that held the Second Amendment does not apply to state and local governments.  The Seventh Circuit U.S. Court of Appeals upheld a local ban on handgun possession in Chicago, claiming it was required to do so based on 19th century U.S. Supreme Court decisions that did not incorporate the Second Amendment.  The U.S. Supreme Court will evaluate the Second Amendment's application to the states' gun control laws through either the Due Process clause or the Fourteenth Amendment's Privileges or Immunities clause.

  It appears McDonald v. Chicago will be argued late this year or early next year.

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• Higher Statistics on Youth Violence in Sarasota
  Sep 30, 2009

  Two Manatee County youths have died as a result of youth violence since the new Fall school semester has begun.  Bill Spitler, Sarasota Police Captain states that over the past several years, teens or young adults have caused most of the city's murders.  They also show a pattern of killing innocent bystanders, including the following:
  
  Delvis Fernandez, an Iraq war veteran, was shot and killed by an 18 year old about a year ago at a gas station in broad day light. 
  
  Roy Barnes Jr. was found dismembered and burned this summer by a pair of teen brothers. 
  
  William Holley, the latest of these victims, was shot on Saturday morning while driving down the street.  The authorities believe Holley's death was caused by youths, 19 years old or younger, in a gang. 
  
  Budget cuts affecting Sarasota law enforcement may have played a role in the increased violence.  Residents are more hesitant to go out at night these days.  Captain Spitler advises Sarasota residents to keep their eyes and ears open. 
  
  This increase is consistent across the State of Florida.  The Florida Department of Juvenile Justice reports that since 2003, there has been a fifty-five percent increase in young adults charged with murder or manslaughter. 
  
  
  
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• $500,000+ Worth of Items Stolen from Hillsborough Home, Four Men Arrested as Suspects
  Sep 25, 2009

  On July 26, several men gained access to a Forest Hills Estates home in Hillsborough County through its garage and stole over $500,000 worth of items, including two computers, a television, and items found in a five-foot safe such as firearms, savings bonds, case, and jewellry. 
  
  Four men were arrested as suspects of the burglary: 18 year old Cody Holmes, 18 year old Pete Berry, 21 year old Joshua White, as well as a fourth man whose charges do not presently show on the Hillsborough County jail's website.  The charges against them are armed burglary of a dwelling, grand theft of $100,000 or more and two counts of grand theft firearm. 
  
  The homeowner reports that only the television has since been returned.  - 9 - 10

• Governor Crist Pardons 2nd "Romeo" Sex Offender
  Sep 24, 2009

  John Eugene Kemp, who is currently 33, was 21 when he first had sex with his future wife who was 15 at the time.  Cases with these types of facts are typically called “Romeo and Juliet” cases.  Kemp was convicted in Volusia County of committing a lewd and lascivious act against a minor and as a result, became a registered sex offender.  The stigma of being a registered sex offender resulted in police and media harassment and prevented him from working, as a construction company foreman, on projects near schools. 

  Governor Charlie Crist, along with two state Cabinet members acting as the Board of Executive Clemency, today gave Kemp approval for a pardon.  This was the second pardon granted to a “Romeo” within the past months.  Governor Crist granted the first to Virgil Frank McCranie, who was 19 when he first had sex with his wife who was then 14.

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