Split Rulings Continue On ‘Stand Your Ground’ Change
May 24, 2018
Amid requests for the Florida Supreme Court to wade into the issue, a South Florida appeals court Wednesday ruled against a defendant in one in a series of cases about how to carry out a controversial 2017 change to the state’s “stand your ground” self-defense law.
The ruling by a panel of the 3rd District Court of Appeal was the third time this month that appellate courts have grappled with the issue of the 2017 change — with courts coming to different conclusions.
The change shifted a key burden of proof from defendants to prosecutors in “stand your ground” cases, and the issue in the appeals is whether that change should apply retroactively to defendants whose cases were pending before the 2017 law passed.
The 3rd District Court of Appeal in the case Wednesday of defendant Justin Bailey and in a May 11 decision involving defendant Tashara Love sided with prosecutors in finding that the change should not apply retroactively. But the 2nd District Court of Appeal, in a May 4 ruling in a Hillsborough County case, said the change is retroactive, a decision that could help defendants arguing that they acted in self-defense.
Love’s attorneys quickly filed a brief last week asking the Florida Supreme Court to take up the issue.
“This case presents an issue of statewide importance impacting countless criminal prosecutions: whether the 2017 amendment to the Stand Your Ground law applies to all pending cases or only those arising after its enactment,” Love’s attorneys wrote in the brief.
The “stand your ground” law says people are justified in using deadly force and do not have a “duty to retreat” if they believe it is necessary to prevent death or great bodily harm. When the defense is successfully raised in pre-trial hearings, defendants are granted immunity from prosecution.
Before the 2017 change, the Florida Supreme Court had ruled defendants had the burden of proof in pre-trial hearings to show they should be shielded from prosecution. With backing from groups such as the National Rifle Association, the 2017 change shifted the burden from defendants to prosecutors to prove whether self-defense claims are justified.
The ruling Wednesday by the 3rd District Court of Appeal, which hears issues from Miami-Dade and Monroe counties, gave few details of the Bailey case. But it said a lower court in December 2016 rejected Bailey’s argument that he should be shielded from prosecution because of the “stand your ground” law.
“Under the version of the statute existing on the date of the offense (and at the time of the evidentiary hearing), Bailey shouldered the burden of proof, requiring him to establish his entitlement to statutory immunity by a preponderance of the evidence,” said Wednesday’s ruling by appeals-court judges Kevin Emas, Thomas Logue and Norma Lindsey. “The trial court concluded in its order that Bailey ‘failed to prove by the preponderance of the evidence that he is immune from prosecution.’ ”
As Bailey appealed the ruling, the Legislature and Gov. Rick Scott shifted the burden of proof to prosecutors. Bailey’s attorneys argued that the change should be applied to his case. But in turning down Bailey, the panel Wednesday pointed to the May 11 ruling in the Love case, which stemmed from a 2015 shooting during an altercation outside a Miami-Dade County nightclub.
“Following our precedent in Love, we therefore hold that the June 9, 2017 amendment does not apply to Bailey’s case, and Bailey is not entitled to a new evidentiary hearing on that basis,” Wednesday’s ruling said.
But in the Hillsborough County case earlier in the month, a panel of the 2nd District Court of Appeal said the burden-of-proof change should apply retroactively to Tymothy Ray Martin, who was convicted of felony battery in a 2016 altercation involving his girlfriend. Martin had sought to use the “stand your ground” law to be shielded from prosecution, but a judge denied his request in a pre-trial hearing.
Martin appealed his conviction, and the appeal was pending when the Legislature and Scott made the change.
The 2nd District Court of Appeal and the 3rd District Court of Appeal have asked the Supreme Court to resolve the retroactivity issue — a move known as “certifying” a question to the Supreme Court.
by Jim Saunders, The News Service of Florida
“I’m The Guy Who Died At Chick-fil-A” – Escambia EMS Recognizes Cardiac Arrest Survivors
May 24, 2018
“I’m the guy who died at Chick-fil-A.”
That’s how Jack Casey introduced himself to Escambia County EMTs and paramedics who may remember him as the man who was clinically dead for about half an hour one spring morning in 2015.
Casey (pictured above) suffered sudden cardiac arrest while working at the Chick-fil-A on Navy Boulevard on May 11, 2015, and he said he owes his life to bystanders and first responders who immediately started CPR and didn’t stop until his heart was pumping again.
“CPR saves lives,” Casey said. And he would know.
Casey was one of seven sudden cardiac arrest survivors recognized by Escambia County Emergency Medical Services staff at a ceremony Tuesday, May 22 at Escambia County Public Safety, where they had an opportunity to meet the people who brought them back to life.
Some survivors shed tears as they tried to put their gratitude into words. Casey was able to make it to his son’s high school graduation right after the EMS ceremony.
Related story: Lifesaving PulsePoint App Now Available In Escambia County
The ceremony was conducted in conjunction with National EMS Week May 20-28, which honors emergency medical service professionals for their dedication to public service while raising awareness about the many EMS services, resources and programs available to Escambia County citizens. This year’s theme is EMS Strong: Stronger Together.
Escambia County Chief of EMS Steve White emphasized the importance of hands-only CPR for out-of-hospital cardiac arrests, which only have about a 10 percent survival rate, according to the American Heart Association. Early application of bystander CPR and rapid defibrillation from an AED have proven to be crucial in improving a person’s chance of survival.
“If somebody, anybody, will perform CPR before EMS arrives, the survival rate triples,” White said.
Early application of CPR was critical for survivor Patricia Jablonski, who suffered sudden cardiac arrest in Walmart last March. Her husband, Jesse, a retired firefighter, immediately began CPR until first responders arrived.
“And we know that directly contributes to being able to walk out of the hospital and have another birthday, another Christmas, another child graduate high school,” White said while recognizing Jesse Jablonski for his quick action.
Patricia Jablonski (pictured left) expressed her gratitude to her husband, EMS personnel and everyone who helped save her life that day.
“I’m appreciative that I get to see all five of my grandchildren grow up…,” she said. “I really, really appreciate it, and I will love you and think of you ’til the day I die.”
Survivor Greg Yost (pictured below) echoed the importance of knowing CPR, which saved his life on April 14, 2017 while driving near his neighborhood. His wife flagged down a vehicle, and a 15-year-old stopped and performed hands-only CPR until EMS arrived. The 15-year-old only knew CPR from watching the TV show “Scrubs,” and he did chest compressions to the beat of the song “Stayin’ Alive,” which is commonly used to teach hands-only CPR.
Yost said the doctors told him he had less than a 1 percent chance of surviving to the hospital.
“I owe my life to them…,” Yost said of the bystander and first responders. “Truly, everything that happened for me aligned in a way that allowed me to live. So I am deeply, deeply thankful.”
Escambia County is offering several opportunities for the public to learn hands-only CPR during EMS Week:
- Free hands-only CPR courses: This week through Friday, May 25 from 4:30-5:30 p.m., Escambia County Public Safety, 6575 N. “W” St.
- Free hands-only CPR training event: Saturday, May 26 from 9 a.m. to 9 p.m, Cordova Mall, 5100 N. Ninth Ave.
Photos for NorthEscambia.com, click to enlarge.
Tate High School Presents Industry Certifications
May 24, 2018
Tate High School presented numerous industry certification awards during a program Wednesday night at the school. The certifications were earned during career and technical educational classes.
“Tate High has had outstanding success this year with very high certification numbers,” Steve Harrell, Escambia County Workforce Development, said.
Courtesy photos for NorthEscambia.com, click to enlarge.
Escambia Retired Educators Honor Teachers, Students
May 24, 2018
The Escambia Retired Educators Association (EREA), recently honored outstanding retired educators and local students.
Beverly Reinschmidt was named Volunteeer of the Year. She retired with 35-years as a Tate High School English, journalism and yearbook teacher. She works with her sister Dorthy Lister to help produce Tate’s annual musical.
Pam Schwartz was named the EREA teacher of the year. She was an elementary teacher at Ferry Pass, an exceptional student educator for the county and former president of the Escambia Education Association.
Northview High School’s Anna Belle Barberree was presented a $1,000 EREA scholarship, and Madison Levins from Byrneville Elementary School was named essay winner.
Photos by Bonnie Exner for NorthEscambia.com, click to enlarge.
Tate High School Presents Senior Awards
May 24, 2018
Tate High School recently held their Senior Honors Night. Among the awards presented to the Tate High Class of 2018 were:
National Merit Commended Scholars – Ashlyn Adams, Hannah Huggins, William Jones, Rosemary Smyth
Eagle Scouts — Paul Ashton, Alexander Babkin, Zachary Kempf, Lathan Lee, Jon Levan, Jonathan McClure, Patrick McHaney, Adam Norre, Blake Norre, Charles Page, Samuel Peterson, Ethan Stillwell, Thomas Young
Military Enlisted
- USMC: Aleaha Burleigh, Turner Cobb, Dylan Frederick, Jordan Heiny, Dalton Shenberger
- US ARMY: Carson Burgess, Parker Hand, Khavory Hartwell, Andrew Hoskins, Dawson Hux, Sage Martin, Mykaela Reed, Kaitlyn Reeves, Daniella Sandoval
- USAF: Emiyah Blanton, Patrick McHaney, Michael Morton, Claire Pierce
- USN: Brandon Pollock, Ulysses Silguero
Alpha Delta Kappa Scholarship — Miranda Avery
Cox Hero Award – Nina Ventura
DAR Good Citizen Scholarship — Brandon Pollock
Northwest Florida Gator Club & Pensacola Heritage Foundation — Mollie Anderson
Pensacola Civitan Club Citizenship Award — Maurice Hendricks
Poarch Creek Indians Scholarship — Henry Langford, Christian McGhee
Take Stock in Children Scholarship — Olivia Brown, Devin Searcy, Taylor Smith, Sabra Stewart
Barnhill Family GRIT Award & Scholarship – Danielle Williams
John E. Frenkel Educational Grants (Pensacola Interstate Fair) -- Miranda Avery, Adam Norre, Blake Norre, Trae Melton, Kathryn Skipper, Rosemary Smyth, Nicole Woods
Chris Williams Memorial History Scholarship – Thomas Young
Dillon Roberson Aggie Hero Award — Dawson Foster
PSRA Bob Hemme Scholarship — Emma Grissom
Ballpark Closing Ceremonies Tonight For NWE, Changed To Next Week For Century
May 24, 2018
Closing ceremonies will be held tonight for Northwest Escambia Bradberry Park, while Century Little League has rescheduled their closing ceremony for next week due to this weekend’s rainy forecast.
Century Little League
Century Little League will hold closing ceremonies next Tuesday at 6 p.m. at Showalter Park. Players and coaches should wear their jerseys.
Northwest Escambia Bradberry Park
Northwest Escambia Bradberry Park will hold closing ceremonies Thursday at 6 p.m. There will be additional fun activities and fireworks at dark. Players should wear their jerseys.
NorthEscambia.com photo, click to enlarge.
Woman Upset Over Building Rental, Century’s Leadership; Concerned Over What Cops ‘Do To Young African American Men’
May 24, 2018
A Century woman is not happy over the rental of a Century community center during a recent family graduation event, taking her case to the town council, complaining about their lack of leadership, their lack of communication skills, their public speaking abilities and expressing concerns about the town prompting a response from the Escambia County Sheriff’s Office because of what “police officers do to young African American men”. Meanwhile Century’s mayor and the Escambia County Sheriff’s Office are disputing many of her claims.
The building was rented for a “graduation dinner” on May 19, according to a rental agreement (download at left) signed March 22 for the “Habitat Building” on Pond Street. Tawana Jones told the Century Town Council that the event was for three of her nephews to celebrate their high school graduation; the rental agreement was signed by her sister-in-law.
Mayor Henry Hawkins said it was actually a party and violated the rental agreement. According to a document (page bottom) distributed to the town council by Hawkins, the event was promoted on Facebook as a “Grad Party” beginning at 8:30 p.m. with $5 admission for ladies before 11:30 p.m. and a $10 admission fee for men.
“It was hundreds and hundreds of youth…they were able to enjoy themselves in their own community with their own leaders because that party was there. It was a party they looked forward to for months. It was the talk of the town…it was shared more than 5,000 times on Facebook,” Tawana Jones said. “There was no way that the Town of Century or anybody not to know that this party was taking place.”
The rental agreement states no admission may be charged for an event without pre-approval.
Jones said someone from the town should have made a phone call or sent a Facebook message to alert her that charging admission was not allowed. She does not dispute the admission fee was in violation of the terms.
“I’m not going to sit here an not take responsibility. The application clearly states that you cannot charge to get into the building. It clearly states that,” she said. “I guess we did not follow policies and procedure. We did charge, at first, to get into the gates. Once the police, law enforcement showed up, they did correct that and we stopped charging.”
“We are standing there and five carloads of deputy sheriffs shows up when you’ve got young African American men. I want you to use this mentality as a teacher,” Jones said. “What if one of those cops would have came there. What if one of those cops or cellphones would have been mistaken as a gun. We know what police officers do to young African American men.”
She described the deputies as very apologetic and professional. “They searched the building to make sure there was not alcohol. And guess what? They did not stay the entire time. They actually left. They came back at 11:45.”
The Escambia County Sheriff’s Office, however, says their official records show a different sequence of events and that there were never five deputies on the premises that night.
An off-duty deputy hired by the town under the rental agreement was present at the community center from 8 p.m. until midnight, according to Major Andrew Hobbs, spokesperson for the ECSO.
“He walked through the building periodically as part of his job; otherwise he was outside as not to hinder anyone from enjoying the event,” Hobb stated.
“Two additional deputies stopped by about midnight to see if the deputy working security needed any assistance with traffic due to the large number of people, or assistance with clearing the building since the town rules required it to be vacated by midnight,” Hobbs said, adding the event was peaceful — there were no conflicts and no complaints.
The rental agreement states “no one may be in the building or parking lot after 12:00 midnight”.
“We hired security. We had over 20 people, that’s my family alone, circling that area making sure,” Jones told the town council “When the police came there, they looked, they searched. What is the problem you guys? …They said the mayor told us to enforce the rules. If you guys charge, we are asking you vacate the premises now. They said also that they were told by the mayor that you guys are serving alcohol.”
“We had to reiterate several times you guys the mayor is African American. They were making a race issue. We are like no…it wasn’t because you were black. So that wasn’t the issue. The issue is leadership you guys,” she said she told her nephews.
“I have heard worse as a English teacher coming from leaders. You guys are leaders,” Jones told the council. “I have heard worse, I have never heard….there are public speaking forums you can attend that teach you how to speak in a public forum. I’m not, please don’t take this as a bad thing. There were certain things I did not even understand that came from this podium today. There’s not an excuse, how can we tell our kids to get a better education….when we ourselves cannot speak proper English. When we ourselves cannot articulate, put together a sentence.”
“But it’s OK for us to send five police car loads to them when all they were doing was enjoying this day. You guys there was not one incident, not one single incident. Not one.”
“It wasn’t the admission that was the issue,” Hawkins said. “The application said graduation dinner, and someone brought it to my attention on Facebook it said a party. That was my issue. A dinner and a party is two different things.”
“We can’t put Century’s reputation on the line for a party,” council member Luis Gomez said. He said eight years ago a girl was shot during a “party” in the same building. He then started the popular “Century Block Party” at a local park, which has attracted hundreds of youth per year to an end of the school year celebration that has gone off without incident.
“We are going to show them that we know how to live, and we know how to act,” he said of his reason for the Century Block Party after the town’s previous mayor ended community center rentals. “But I had to hire the deputy sheriffs to be there at that party because they will clown, you know this.”
“You are not going to stereotype my people,” Jones interrupted despite Gomez’s attempt to continue.
“I’m not stereotyping. They are my people,” Gomez, who is also African American, said. “You’re a teacher. You know how to read. It says from eight o’clock until 12. They flyer says everybody in as late as 11:30. That means you had 30 minutes.”
“I am not arguing the policies and procedures. It clearly states that. I am arguing the way the situation was handled,” Jones said as she continued to speak over Gomez repeatedly.
“You paid for the police to be there. They were paid to be there for the duration of the rental; they were supposed to leave after everybody was gone,” Gomez said. You paid for them to be there…You paid for it. That’s the policy.”
“This right here shows what I am talking about,” Jones said. “There is a lack of leadership here. It starts from the top up.”
The building rental agreement was signed by Tawana Jones’ sister-in-law Tara Jones, who did not appear before the council. Jones paid $100 toward the rental on March 22 and a final payment of $250 on May 18, the day before the event. Hawkins noted that the rental agreement states payments are due “in full five days prior to the event”.
The mayor said Tara Jones will not receive any type of refund due to the policy violations.
The town council plans to review their community center rental agreement at a future meeting.
NorthEscambia.com photos, click to enlarge.
One Injured In Late Night Cantonment Crash
May 24, 2018
One person was injured in a single vehicle crash just before midnight Wednesday near County Road 97 at Sandicrest Drive in Cantonment.
A male driver lost control and crashed into a chain link fence. He was transported to an area hospital by Escambia County EMS with non-life threatening injuries.
The accident is under investigation by the Florida Highway Patrol. The Ensley Station of Escambia Fire Rescue also responded.
NorthEscambia.com photos by Kristi Barbour, click to enlarge.
Escambia County Announces CPR App To Help Save Lives
May 24, 2018
Escambia County Emergency Medical Services has joined more than 2,800 communities nationwide to launch the PulsePoint mobile app in Escambia County, a lifesaving app that alerts CPR-trained citizens when someone in a nearby public place suffers sudden cardiac arrest.
Public safety communications centers send alerts through the app at the same time they dispatch first responders to the scene, so that citizens may administer aid while responders are en route. The app also notifies users of the closest available automated external defibrillator, or AED.
According to the American Heart Association, there are more than 356,000 out-of-hospital cardiac arrests annually in the U.S., about 90 percent of which end in death. Early application of bystander CPR and rapid defibrillation from an AED have proven to be crucial in improving a person’s chance of survival.
The American Heart Association estimates that effective hands-only CPR provided immediately after a cardiac emergency can double or triple a person’s chance of survival, but only 46 percent of sudden cardiac arrest victims received bystander CPR in 2016. Even fewer receive a potentially lifesaving therapeutic shock from a public access AED.
Anyone with a smartphone can download the free PulsePoint Respond app through the Google Play Store and Apple App Store. Once the app is installed, select the agency serving the area where you live or work to receive alerts. Users may follow more than one agency.
Related story: “I’m The Guy Who Died At Chick-fil-A” – Escambia EMS Recognizes Cardiac Arrest Survivors
If the cardiac emergency is in a public place, the location-aware PulsePoint app will alert users in the vicinity of the need for CPR simultaneous with the dispatch of advanced medical care. The application also directs these potential rescuers to the exact location of the closest AED.
PulsePoint is a nonprofit foundation building applications that work with local public safety agencies to improve communications with citizens and off-duty personnel, empowering them to help reduce the millions of annual deaths from sudden cardiac arrest.
Advocacy Groups Say Gulf Islands National Seashore, Other Parks At Risk From Offshore Drilling
May 24, 2018
Environmental conservation groups say Gulf Islands National Seashore and 10 other national parks in Florida are threatened by White House proposals to open to oil drilling currently protected parts of the nation’s outer continental shelf and to revise the 2016 Well Control Rule, according to a report released Wednesday.
Nicholas Lund, co-author of the report issued by the National Parks Conservation Association and the Natural Resources Defense Council, told reporters that the proposed changes put more than 9,000 Florida jobs at risk. The proposals could also cost Florida $876 million in annual economic output, according to Lund, a senior manager with parks association.
“The economic output from the national parks and monuments in Florida is a significant force in the coastal economy of the state,” the 38-page report states. “The economic output measure goes far beyond just visitors’ spending and includes the ripples of activity their visits generate: the spending of both the businesses they patronize and the communities their tourism supports. Many out-of-town visitors of coastal national parks identify a park as their primary reason for traveling to the area.”
The report focused on the potential impacts of oil and gas drilling on different sections of the nation.
Gov. Rick Scott and the state’s congressional delegation have voiced opposition to the plan to open to drilling previously protected parts of the nation’s outer continental shelf — a jurisdictional term describing submerged lands 10.36 statutory miles off Florida’s West Coast and three nautical miles off the East Coast.
In January, Interior Secretary Ryan Zinke appeared briefly in Tallahassee to announce drilling would not occur off Florida’s coasts. But the White House’s position has not yet been formalized.
by The News Service of Florida with contribution from NorthEscambia.com