Molino 8U Earns Tournament Win
May 9, 2018
Molino’s 8U team recently earned their third tournament win of the season. Photo for NorthEscambia.com, click to enlarge.
Wahoos Drop Second Straight To The Birmingham Barons
May 9, 2018
The Birmingham Barons came out of the gate slugging on Tuesday night at Regions Field. They got back-to-back home runs from Eloy Jimenez and Seby Zavala and they never looked back on their way to a 5-2 win.
The Barons went up 3-0 before Pensacola first got on the board with a home run from Aristides Aquino. It was a solo shot to left field and his second hit of the game.
The Blue Wahoos cut the deficit to one after C.J. McElroy’s leadoff triple in the sixth inning. He scored a batter later on a Shed Long ground out. Birmingham was quick to answer with a pair of insurance runs in the bottom of the inning. Zavala and Trey Michalczewski both scored on a bases-loaded single from Ryan Brett.
That was it for the scoring and Blue Wahoos starter Keury Mella (L, 3-1). He took the loss after allowing a season-high five runs over six innings. He struck out and walked two in his first loss of the season.
On the other side, Spencer Adams (W, 2-3) turned in his best start of the year. He surrendered just two runs over six innings on just four hits to earn the win. Ian Hamilton (S, 6) struck out three over the final five outs of the game to earn the save.
Pensacola looks to get back in the win column with Wednesday morning game.
Tearful Century Council Member Announces He Won’t Seek Re-election
May 8, 2018
After 20 years, Century council member Gary Riley made the tearful announcement Monday night that he will not see re-election due to a health issue.
“I want to thank the town for having me here for as long as I have been. I enjoyed every day,” Riley said. “But when you get to the point where you can’t do the job the way the job is suppose to be done, I think it is time to leave. We pray that whoever qualifies for the seat will do the job well.”
“You have a good council here right now. I hope that ones that come in and join the ones that are here will help make this town a better town,” he said.
Riley was first elected to the Century Town Council in 1998.
Riley’s seat is one of three that will be on the ballot this year. The other seats up for election are currently held by Sandra McMurray Jackson and Ben Boutwell. The qualifying period for the seats is noon June 18 until noon June 22. If there are only two candidates for a seat, they will be on the ballot in the general election on November 6. If there are three or more candidate for a seat, they will be on the August 28 primary ballot with a runoff in November if no candidate receives one vote more than 50 percent.
NorthEscambia.com photos, click to enlarge.
Manhunt For Wanted Man Near McDavid Turns Up Empty
May 8, 2018
FOR AN UPDATE TO THIS STORY, CLICK HERE.
A manhunt near McDavid for a wanted individual turned up empty Monday night.
According to reports, the man made contact with a resident in the area of Highway 29 and Bogia Road Monday afternoon asking for water. The resident called the Escambia County Sheriff’s Office to report a suspicious person.
When deputies arrived about 4 p.m., the man had already fled. Deputies were were able to determine the man’s identity and that he had an outstanding warrant from Tuscaloosa, according to Sgt. Jacob Holloway, a spokesperson for the Escambia County Sheriff’s Office. The manhunt was called off before 8 p.m.
Holloway said the man’s name, physical description and warrant information were not available for release Monday night.
A K-9 team from the Century Correctional Institution assisted in the search.
File photo.
Tate’s Adam Norre Wins Florida School Resource Officers’ Scholarship
May 8, 2018
The Florida Association of School Resource Officers (FASRO) awarded Tate High School student Adam Norre with a $1,000 scholarship to college of his choice. Noore plans to attend the University of West Florida Florida and major in pre-med. The schoarship was presented to Norre by Tate SRO Deputy Pamela Whitlock and Principal Rick Shackle. Photo for NorthEscambia.com, click to enlarge.
Wildfire Burns 70 Acres; Dry Conditions Mean Greater Fire Risk
May 8, 2018
About 70 acres near Gulf Beach Highway in Escambia County burned Monday, and forestry officials say the danger of wildfires is increasing county-wide due to dry conditions.
The Florida Forest Service battled the fire with six tractor/plow units and a helicopter dropping 300 gallons of water at a time. Numerous units from Escambia Fire Rescue and the Escambia County Sheriff’s Office also responded.
The fire neared several residences, but there were no reports of fire damage.
For additional photos, click here.
The fire was mostly contained by 6:30 p.m. The cause of the fire was not known.
The longer the area goes without rain, the greater the risk of wildfires, according to the Blackwater Forestry Service. High winds, continued drying and low humidity are contributing the danger across Escambia County.
Photos by for NorthEscambia.com, click to enlarge.
Additional photo gallery photos by Kristi Barbour and others for NorthEscambia.com.
Photo Gallery: Northview Garnet And Gold Football Game
May 8, 2018
The Northview Chiefs played an intrasquad Garnet and Gold game Monday afternoon. The Gold team won.
For a photo gallery, click here. Gallery includes football action, cheerleaders and band.
The Chiefs will host Escambia County High School of Atmore in spring game on May 18.
NorthEscambia.com photos, click to enlarge.
Ruling Could Aid Defendants In ‘Stand Your Ground’ Cases
May 8, 2018
In a decision that could have broad implications, an appeals court has sided with a defendant who argued that a controversial 2017 change to Florida’s “stand your ground” self-defense law should apply to his case.
The ruling, issued Friday by a panel of the 2nd District Court of Appeal, stemmed from a change that shifted a key burden of proof in “stand your ground” cases from defendants to prosecutors.
The appeals court said the change should apply retroactively to the Hillsborough County case of 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 Gov. Rick Scott changed the “stand your ground” law to shift the burden of proof. In ruling Friday that the change should apply retroactively to Martin, the appeals court overturned his conviction and ordered that he receive a new “stand your ground” hearing under the 2017 law.
“If, after the conclusion of that hearing, the circuit court concludes that Mr. Martin is entitled to statutory immunity, it shall enter an order to that effect and dismiss the information (charge) with prejudice,” said the ruling, written by appeals-court Judge Matthew Lucas and joined by judges Darryl Casanueva and Daniel Sleet. “If, on the other hand, the circuit court determines that Mr. Martin is not entitled to immunity, the court shall enter an order reflecting its findings and reinstate Mr. Martin’s conviction.”
The appeals court noted the potential implications of retroactively applying the burden-of-proof change to cases pending in the court system at the time the 2017 law passed, saying it “could impact a significant number of criminal proceedings.” Also, the appeals court asked the Florida Supreme Court to take up the retroactivity issue, a move known as certifying “a question of great public importance” to justices.
The underlying “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.
The change approved last year by the Legislature and Scott was rooted in a 2015 Florida Supreme Court decision that said defendants had the burden of proof in the pre-trial hearings to show they should be shielded from prosecution. With backing from groups such as the National Rifle Association, the 2017 law shifted the burden from defendants to prosecutors to prove whether a self-defense claim is justified.
In Martin’s original pre-trial hearing, he had the burden of proving that he should not be prosecuted because he acted in self-defense. After Friday’s ruling, the burden will shift to prosecutors to show that he is not entitled to “stand your ground” immunity.
“Thus, as it now stands, the state (prosecution) bears the burden of disproving, by clear and convincing evidence, a facially sufficient claim of self-defense immunity in a criminal prosecution,” Friday’s ruling said. “On appeal, Mr. Martin argues that this amendment is retroactive in its application, that it applies to his case, and that he is entitled to a new immunity hearing. We agree.”
The burden-of-proof change sparked heavy debate in the Legislature. It also has drawn legal challenges, which last year led to a Miami-Dade County circuit judge declaring it unconstitutional.
by Jim Saunders, The News Service of Florida
Three Large Sheds Damaged Or Destroyed By Fire Near Walnut Hill
May 8, 2018
Three large sheds were damaged or destroyed by fire Monday near Walnut Hill.
The first 20 x 30 foot shed was on the ground when firefighters arrived at 2:39 p.m. on Garrett Road off Pine Forest Road. The fire had spread to a second 20 x 30 shed, causing damage to the attic area. A third large shed was threatened and suffered minor damage. A chicken coop was also threatened by the fire.
There was no immediate word on the cause of the fire. No injuries were reported.
The Walnut Hill, McDavid, Molino and Century Stations of Escambia Fire Rescue, the Atmore Fire Department and the Nokomis (AL) Volunteer Department responded to the fire.
NorthEcambia.com file photo, click to enlarge.
State Objects To Woman’s Anonymity In NRA Lawsuit
May 8, 2018
Dismissing the potential danger feared by a 19-year-old who wants to join a legal challenge filed by the National Rifle Association, lawyers for Attorney General Pam Bondi asked a federal judge to deny a request to keep the young woman’s identity private because they said her desire for anonymity was not justified.
Lawyers for the NRA late last month asked U.S. District Judge Mark Walker to keep the identity of “Jane Doe” secret, based in large part on a declaration filed by the gun-rights group’s Florida lobbyist Marion Hammer, who detailed threatening emails she had received featuring derogatory words for parts of the female anatomy.
But attorneys for Bondi, a defendant in the lawsuit who also represents the state, asked Walker on Friday to reject the NRA’s motion to use the Jane Doe pseudonym for the 19-year-old, portrayed in court documents as an Alachua county woman seeking to remain anonymous due to fear that public exposure could result in “harassment, intimidation, and potentially even physical violence.”
While those concerns warrant “careful consideration,” the plaintiffs’ argument “does not provide a sufficient basis for overcoming the strong presumption in favor of open judicial proceedings,” Florida Solicitor General Amit Agarwal wrote in Friday’s 22-page response.
The spat over the potential plaintiff’s pseudonym comes in a lawsuit filed on March 9 by the NRA, just hours after Gov. Rick Scott signed into law a sweeping school-safety measure that included new gun-related restrictions. The legislation was a rapid response to the Feb. 14 shooting at Marjory Stoneman Douglas High School that left 17 students and faculty members dead and 17 others wounded.
The law raised from 18 to 21 the minimum age to purchase rifles and other long guns. It also imposed a three-day waiting period on the sale of long guns, such as the AR-15 semiautomatic rifle 19-year-old Nikolas Cruz last year legally purchased — without any waiting period — and is accused of using in the Valentine’s Day massacre at his former school in Parkland.
In late April, the NRA filed a motion to add “Jane Doe” as a plaintiff to the lawsuit, which contends the age restriction in the new law “violates the fundamental rights of thousands of responsible, law-abiding adult Florida citizens and is thus invalid under the Second and Fourteenth Amendments.”
But in Friday’s response, the state’s lawyers argued in favor of a “constitutionally-embedded presumption of openness in judicial proceedings.”
Courts have permitted plaintiffs to remain anonymous in cases involving “mental illness, homosexuality and transsexuality,” as well as birth control, abortion and the welfare rights of illegitimate children or abandoned families, wrote the state’s lawyers, relying on previous case law.
But “the courts have rejected anonymity in other kinds of cases, like this one, not involving ‘information of the utmost intimacy,’ “ the state argued.
“In short, plaintiffs have not pointed to any ‘substantial privacy interest’ that would be served” by keeping Jane Doe’s identity secret, the state’s lawyers wrote. “That consideration, standing alone, compels the conclusion that the motion to proceed under pseudonyms should be denied.”
In an interview with The News Service of Florida on Monday, Hammer condemned the state’s move.
“The attorney general has absolutely nothing to gain by insisting that the identity of this young woman be made public. It has nothing to do with facing an accuser. It’s about being able to stand up for your constitutional rights without fear of vicious hate-mongering. To oppose a motion to shield and protect a 19-year-old young woman from bullying harassment, death threats and intimidation, I view as an act of bullying itself,” the 79-year-old great-grandmother said.
The NRA last month also sought to add “John Doe,” a 19-year-old member of the group, as an “associational member” of the lawsuit.
In a document filed Monday, lawyers for the NRA said the state failed to show “that the circumstances of this case warrant exposing the 19-year-old private citizens who wish to participate in this case to the harassment and threats that, plaintiffs have shown, would almost certainly be inflicted upon them if they are publicly identified with this highly controversial litigation in the current political environment.”
According to the NRA’s filing, “the context of this case cannot be understood apart from the tragic” shooting at the Parkland high school “and its aftermath.”
“That event not only led to the enactment of the ban challenged in this case; it was the catalyst for a nationwide effort to restrict the possession and use of firearms,” the NRA lawyers wrote.
The brief said a “group of well-heeled anti-gun organizations” funded activists who “have barnstormed the country” to push gun-rights restrictions.
“Anti-gun forces have also pushed coordinated secondary boycotts not only of the NRA but of any business that does not take a sufficiently hard line against firearms,” the NRA’s lawyers wrote. “In the current environment, it is difficult to think of a topic as controversial and contentious as Second Amendment rights.”
But in Friday’s filing, Bondi’s lawyers discounted the legal arguments posed by the national gun lobby.
“A litigant’s status as a plaintiff is not ‘highly sensitive and personal information;’ the strong presumption in favor of openness in judicial proceedings may not be discarded to avoid ‘unwanted pubic attention and censure;’ this case is no more ‘controversial’ than countless others — including others involving substantially similar claims — that have been filed by plaintiffs in their own names; and plaintiffs do not cite a single case in which a court has allowed claims of this kind to be brought under pseudonym,” the attorney general’s lawyers wrote.
“Lawsuits are public events,” which must be hashed out in the public forum, Bondi’s lawyers wrote.
Hammer, who was the recipient of epithets too explicit to reprint in newspapers, disagreed.
“The reality is that when the attorney general says lawsuits are ‘public events’ so that everybody must be identified, apparently she has forgotten about Roe v. Wade and many other events where the courts protected identities from public exposure,” she said.
Hammer also blasted Bondi for not representing crime victims.
“Our attorney general advocates for victims. Why on earth would she stand by and allow a 19-year-old young woman to be victimized, if she can stop it?” Hammer said.
by Jim Saunders, The News Service of Florida