Appeals Court Upholds Cantonment Man’s Right To Walk His Dog, Avoid Getting Hit By Bus
May 7, 2019
An appeals court has ruled that a Cantonment man has every right to walk his dog around his neighborhood, throw away trash and avoid getting hit by a bus.
The Florida First District Court of Appeals has reversed a stalking injunction against Billy Stone that required him to stay 500 feet away from the residence of Teresa McMillian, his neighbor.
In December 2016, Stone put a threatening letter in McMillian’s mailbox, warning her not to “pull another stunt like (she) did today.” Stone testified that McMillian honked her horn and intentionally drove her car at him while he walked his dog with his back turned, causing him to jump out of the way, thinking he and his dog were about to be hit.
Stone admitted writing the letter, which intimidated McMillian, while he was angry about this incident. McMillian testified that Stone walked around the circular street the two lived on repeatedly throughout the day. Stone had done this since approximately 2009, but it now unnerved McMillian in light of Stone’s letter.
McMillian also did not like that Stone walked his dog on a government-owned vacant lot next to her house. So, in March or April 2017, she set up a motion-sensing sprinkler on the border of her property to spray Stone while he was on the vacant lot. Although the sprinkler once succeeded in soaking Stone, he did not stop walking his dog on the empty lot and, in June 2017, McMillian called the police to report that he and his dog were defying a no-trespassing sign on the lot.
At the hearing on McMillian’s petition for a stalking injunction in July 2017, the trial court noted several times that the parties were engaged in “tit for tat” behavior, encouraged them to “go (their) separate ways,” and declined to grant the injunction.
Just two months later in September, McMillian filed another petition for injunction for protection against stalking. Her chief complaint was that Stone walked past her house far too often. She knew this from daily reviews of her security camera footage.
McMillian maintained a log, marking how many times per day Stone walked past her house from August until September 2017, a number often in double digits. McMillian felt intimidated by Stone walking past her house because of the letter he wrote in December 2016. McMillian testified that on the morning of August 1, she discovered dog waste in her trash can, which had previously been placed at the curb and was to be emptied shortly. After reviewing her security camera, she fingered Stone and his dog as the culprits. McMillian admitted that she later went outside and yelled at Stone and his wife for this incident as they walked past her house, but insisted that she was very afraid of him.
McMillian similarly found Stone to be the guilty party, after reviewing her security camera footage, when she heard a vehicle down the road rev its engine too loud and for too long. Lastly, McMillian complained that on August 15, “Stone stepped on (her) driveway to avoid being hit by a bus that was driving past (her) house,” even though he had previously been told to stay away from her property.
Stone testified that he has routinely walked the loop around his home since 2009 and has not in any way changed his routine based on McMillian. He stated that he walks to alleviate anxiety, to talk and visit with neighbors, and to help with the neighborhood watch program he helped develop. Six neighbors testified that Stone is active in the community and routinely walks past their house every day, often stopping to talk. Stone testified that he always picks up after his dog and, if it is trash day, will put it in the nearest can before it gets picked up; he admitted using McMillian’s can once, but denied it was an attempt to intimidate her.
A trial court granted a one-year injunction against Stone for stalking based upon him walking around his own neighborhood.
The appeals court did not find legally sufficient evidence that Stone maliciously engaged in a course of conduct directed at McMillian that would cause a reasonable person substantial emotional distress. And the court found after the trial court declined to grant an injunction in July 2017, McMillian took every innocuous act of Stone as one of aggression and intimidation, including scrupulously logging each time he walked past her home after daily review of her security camera.
“This neighborly feud, which does include some uncivil or immature conduct, does not include stalking,” the court found.
Blue Wahoos Beat The Mississippi Braves
May 7, 2019
In a match-up of the two top pitching teams in the Southern League, the Pensacola Blue Wahoos came out on top in the opener of a five-game set in Mississippi against the Braves thanks to a five-run seventh inning. Trailing 2-1 in the seventh, the Wahoos strung together four hits, a walk, and two M-Braves errors to take a 6-2 lead on their way to an eventual 6-3 win.
After walking four in just 2.0 innings in his last start, Sean Poppen took the mound for Pensacola looking to shake off last week’s disappointing start. While the walks were still (5 tonight), Poppen went 5.0 innings and struck out seven while allowing just three hits and a pair of unearned runs.
Pensacola got on the board first in the third inning, using a two-out single by Luis Arraez and a triple by Alex Kirilloff to go up 1-0. The base hit extended Arraez’s current hitting streak to seven games, the second longest by a Wahoo this season (Jaylin Davis, 10).
In the fourth, the Braves ran together a fielder error by Pensacola, a walk, and a two-run single by Luis Valenzuela to take a 2-1 lead.
The score remained at 2-1 until the seventh. Facing Braves reliever Jeremy Walker, Davis led off the inning with a walk. Mitchell Kranson followed with a single. Tanner English then knocked a two-run double to take the lead back for Pensacola. Jordan Gore and Kirilloff followed with singles and a pair of fielding errors helped two more runs score, putting Pensacola up 6-2.
A single by Daniel Lockhart and triple by Tyler Neslony took a run back for Mississippi in the home half of the seventh, but Cody Stashak entered in relief of Jeff Ames and worked out of a first and third jam and then set down the Braves in order in the eighth and ninth to preserve the win.
Ames (1.2 IP, 3 H, 1 R, 1 BB, 1 K) earned his first win of the season. Stashak (2.1 IP, 0 H, 0 R, 3 K) picked up his second save.
Kirilloff was 3-5 with a triple and two runs batted in. Arraez and Travis Blankenhorn each had two hits. For Arraez, it was his fourth consecutive multi-hit game, raising his season average to .336.
The win improves Pensacola’s league-best record to 21-10. Mississippi, in second place in the SL South, falls to 15-14 with the loss. The two teams will continue their five-game set in Mississippi tomorrow evening in a showdown of top 30 prospect pitchers between Pensacola’s Jorge Alcala (4-1, 4.71 ERA) and Mississippi’s Joey Wentz (1-1, 4.13 ERA).
File photo.
Driver’s License Service, Vehicle Registration Event Returns To Century Tuesday
May 6, 2019
Mobile driver’s license and vehicle registration services will return to Century Tuesday for a single day event.
Escambia County Tax Collector Scott Lunsford has partnered with the Florida Department of Highway Safety and Motor Vehicles to bring the Florida Licensing On Wheels (FLOW) mobile office to Century from 9 a.m. to 3 p.m. at the Billy G. Ward Century Courthouse at 7500 North Century Boulevard.
FLOW is a stand-alone mobile office with technology to provide most motorists’ needs. The mobile unit provides a convenient method to renew a driver’s license, obtain a replacement driver’s license, conversion/reciprocation of out-of-state license, change a name or address on a current driver’s license or identification card, and get a first-time identification card. In addition to licensing services, the mobile unit also provides an opportunity to renew or replace a vehicle registration and apply, renew or replace disabled parking placards. Written and driving tests are not available from the FLOW unit.
Citizens can renew vehicle registrations up to three months and driver’s licenses up to 18 months in advance of expiration.
Citizens using the FLOW services are encouraged to visit EscambiaTaxCollector.com and click the “What Do I Bring” button for information on what is needed for these services.
Staff from the tax collector’s office will be on hand to answer all FLOW service questions and questions concerning all other tax collector services such as property tax, business tax receipts, concealed weapons licensing, etc. Citizens also can drop off property tax payments (checks only).
Pictured: The Florida Licensing on Wheels mobile office in Century on February 5. NorthEscambia.com photos, click to enlarge.
Tate High Names Students Of The Month
May 6, 2019
Tate High School recently named their March Students of the Month. They are Kaitlyn Williams and Samuel Donald Shinnick. Photo for NorthEscambia.com, click to enlarge.
No Injures In Late Sunday Night Highway 29 Wreck
May 6, 2019
There were no injuries in a single vehicle crash late Sunday night on Highway 29 at Quintette Road.
The vehicle came to rest off the roadway in the edge of a wooded area. The driver refused transport to the hospital.
The Florida Highway Patrol investigated the crash.
NorthEscambia.com photos by Kristi Barbour, click to enlarge.
Northview Class Of 2019 Holds Baccalaureate Service (With Gallery)
May 6, 2019
The Northview High School Class of 2019 held their Baccalaureate service Sunday afternoon at the First Baptist Church of Bratt.
“Life is tough; be prepared,” Rev. Ted Bridges of the Walnut Hill Baptist Church told the seniors. “There are no free lunches in life. You’ve got to work for it.”
“Let your light sign. Don’t lose what you have achieved,” Bridges continued. “Don’t lose that relationship with Jesus.”
The program also include prayer and music provide by the Northview students.
Graduation for the Northview High School Class of 2019 will be at 4 p.m. Saturday, May 18 at the school.
For photo gallery, click here.
NorthEscambia.com photos, click to enlarge.
Florida Gas Prices Up; Escambia Prices Lower Than Any Florida Metro Area
May 6, 2019
Florida gas prices are creeping lower again, after rising an average of 8 cents last week. The state average of $2.78 per gallon is now 6 cents more than this time last week. Florida drivers are now paying 6 cents per gallon more than a month ago, and 5 cents more than this time last year.
The average price per gallon in Escambia County was $2.70 on Sunday, down slightly from $2.73 a week ago but up from $2.64 one month ago. Pensacola’s average price was the lowest of any metro area.
“Drivers saw gas prices seesaw last week, which is normal this time of year,” said Mark Jenkins, spokesman, AAA – The Auto Club Group. “Prices moved higher last week after reports of issues at a Texas refinery. Fortunately, the state average has held below $2.80 per gallon, and remains almost 15 cents less than last year’s highs. Looking ahead, pump prices tend to be especially volatile in May. The highest price of the year usually hits by Memorial Day weekend.”
File photo.
Three Injured In Beulah Wreck (Updated With Details)
May 6, 2019
Three people were seriously injured in a two vehicle crash in Beulah late Sunday afternoon.
The crash occurred at West Nine Mile Road and Bridlewood Road about 5:20 p.m.
The Florida Highway Patrol said 29-year old Ivan Briceno of Mobile pulled his Hyundai Sonata from a stop sign into the path of a Chevrolet Equinox driven by 25-year old Wilson White of Atmore.
Briceno and his passenger, 28-year old Courtney Thompson of Mobile, were both injured, with one extricated by Escambia Fire Rescue.
All three individuals were transported to Sacred Heart Hospital with serious, but not life-threatening, injuries.
The FHP cited Bricenio for failure to yield right of way while stopped at a stop sign.
NorthEscambia.com photos by Kristi Barbour, click to enlarge.
Cantonment House Fire Sparked By Lawnmower
May 6, 2019
A house fire in Cantonment last Friday was sparked by a lawnmower.
Escambia Fire Rescue responded about 12:25 p.m. to the fire in the 3000 block of Woodbury Circle to find heavy fire coming from the garage of the single-story wood frame home.
The investigation determined the fire was caused by a lawnmower that caught fire after being used and placed in the garage. The home sustained heavy fire damage to the garage and smoke damage throughout. Firefighters were able to stop the fire from progressing from the garage into the living area of the home.
The occupants were at home at the time of the fire but were not injured. The American Red Cross is assisting the occupants.
Escambia Fire Rescue said there were smoke detectors in the home, but they did not alert the residents to the fire.
Photos for NorthEscambia.com, click to enlarge.
Here Are This Week’s Traffic Delay Hot Spots
May 6, 2019
Drivers will encounter traffic disruptions on the following state roads and projects in Escambia and Santa Rosa counties as crews perform construction and maintenance activities.
Escambia County:
- U.S. 29 Widening from Interstate 10 (I-10) to U.S. 90A (Nine Mile Road) – The following traffic impacts will occur from 8 p.m. to 6 a.m. Sunday, May 5 through Saturday, May 11.
-
- U.S. 29 Bridge over Nine Mile Road: A new U.S. 29 traffic pattern will be implemented for the bridge over Nine Mile Road during the week of May 5. Beginning at 8 p.m. Wednesday, May 8, northbound traffic will shift onto the newly-constructed northbound bridge. Southbound traffic will shift onto the center portion of the new bridge later in the week, after crews realign the barrier wall and restripe the roadway.
- Nine Mile Road at the U.S. 29 Overpass: Alternating traffic shifts will direct all traffic onto the westbound or eastbound lanes as crews continue construction of the new northbound bridge deck. Nine Mile Road lane restrictions are Sunday through Friday.
- U.S. 29 between I-10 and 9 1/2 Mile Road: Drainage and paving operations continue. Drivers can expect alternating lane closures Monday through Saturday.
- U.S. 98 Pensacola Bay Bridge Replacement Bridge- Bridge construction will require the following lane closures from 8 p.m. to 5 a.m. Sunday, May 5 through Sunday, May 12:
-
- U.S. 98 east and westbound from North 14th Avenue in Pensacola to just east of the Pensacola Bay Bridge in Gulf Breeze.
- North 17th Avenue in Pensacola between U.S. 98 and the CSX Railroad overpass (Graffiti Bridge).
- State Road (S.R.) 289 (Ninth Avenue) over I-10 Routine Bridge Maintenance- Drivers will encounter alternating and intermittent, north and southbound lane restrictions on S.R. 289 over I-10, half a mile north of S.R. 742, from 8 p.m. to 4 a.m. Monday, May 6 and Tuesday, May 7 as crews perform routine bridge maintenance.
- Lane Closures for Fiesta 5K and 10K Runs- Drivers will encounter lane closures at the following locations in Pensacola from 7:30 a.m. to 9:30 p.m. Saturday, May 4 for the Fiesta 5K and 10K runs:
- S.R. 750 (Airport Boulevard) eastbound from 9th Avenue to 12th Avenue
- U.S. 90 (Cervantes Street) westbound from 12th Avenue to Palafox Street
- I-10 over Escambia Bay Routine Bridge Maintenance- Motorists will encounter intermittent eastbound lane restrictions on I-10 over Escambia Bay from 8 p.m. to 4 a.m. Tuesday, May 7 through Thursday, May 8 as crews perform routine bridge maintenance.
- U.S. 90 Bridge Maintenance over Eleven Mile Creek- Eastbound traffic will be restricted to one lane over Eleven Mile Creek from 8 p.m. Wednesday, May 8 to 4 a.m. Thursday, May 9 as crews replace joint, repair the deck surface, and clean the bridge.
- County Road (C.R.) 168 Bridge Replacement over Unnamed Branch- Activities associated with the bridge replacement project on C.R. 168 over Unnamed Branch, Northwest of Century, are underway. The project is anticipated to be complete late 2019.
- Crary Road Bridge Replacement over Pritchett Mill Creek- Crary Road is closed between Tedder Road and Byrneville Road as crews continue to construct a bridge culvert. Motorists will be detoured via C.R. 4 and Byrneville Road. The project is anticipated to be complete summer 2019.
- Bratt Road Bridge Replacement over Canoe Creek - Bratt Road will continue to be closed near Canoe Creek. Drivers on Bratt Road, west of the bridge, will be detoured to Pine Barren Road and C.R. 4. Drivers east of the bridge will be detoured east on Bratt Road. The project is anticipated to be complete summer 2019.
- Hanks Road Bridge Replacement over Breastworks Creek - Construction activities continue. The roadway will be temporarily closed during construction. Drivers on Hanks Road, west of the bridge, will be detoured to C.R. 99 and C.R. 4. Drivers east of the bridge will utilize Pine Barren Road.
Santa Rosa County:
- U.S. 98 Pensacola Bay Bridge Replacement Bridge- Bridge construction will require the following lane closures from 8 p.m. to 5 a.m. Sunday, May 5 through Sunday, May 12:
-
- U.S. 98 east and westbound from North 14th Avenue in Pensacola to just east of the Pensacola Bay Bridge in Gulf Breeze.
- North 17th Avenue in Pensacola between U.S. 98 and the CSX Railroad overpass (Graffiti Bridge).
- I-10 Widening from the Escambia Bay Bridge to Avalon Boulevard (S.R. 281/Exit 22) –The following construction related traffic impacts are planned for I-10 and Avalon Boulevard the week of Sunday, May 5 between 8 p.m. and 6 a.m.:
-
- Drivers may encounter intermittent east and westbound lane closures on I-10, between Escambia Bay Bridge and just east of Avalon Boulevard (Exit 22) as crews place the final layer of asphalt. I-10 may be reduced to a single travel lane between 8 p.m. and 6 a.m. At all other times, at least two travel lanes will remain open.
- The I-10 westbound off-ramp will be closed the night of Thursday, May 9 as crews place the final friction course layer of asphalt.
- Drivers may encounter alternating lane closures on Avalon Boulevard, near the I-10 interchange, Monday through Thursday, as crews perform construction activities.
- S.R. 87 over Coldwater Creek Routine Bridge Inspection- Traffic on S.R. 87 will be reduced to one lane over Coldwater Creek, eight miles south of S.R. 4, from 9 a.m. to 1 p.m. Wednesday, May 8 as crews perform a routine bridge inspection.
- U.S. 90 Turn Lane Construction at Spencerfield Road- Motorists will encounter eastbound lane restrictions on U.S. 90 in Pace, just west of Spencerfield Road, from 8 p.m. to 5 a.m. Wednesday, May 8 and Thursday, May 9 as crews construct a right turn lane for a new commercial business.
- S.R. 87 Pavement Markings Replacement- Traffic on S.R. 87 will encounter alternating and intermittent minor delays at the following locations from 8 p.m. to 5 a.m. Sundays through Friday, until Thursday, July 30 as crews remove and replace pavement markings in the roadway. Law enforcement will be on site to direct traffic:
- U.S 90 to Nicholas Lake Road
- U.S. 98 to Vonnie Tolbert Road
- U.S. 98 Safety Improvements at Constitution Drive and Navarre School Road- The westbound, left turn lane at Sunrise Drive is open to traffic. Improvements at Navarre School Road and drainage improvements at Thresher Drive and Newport Street are complete. Crews will soon place the final layer of asphalt and striping, perform general project clean up, and place sod.
All activities are weather dependent and may be delayed or rescheduled in the event of inclement weather.