Molino Park First, Second Grades Present ‘The Littlest Christmas Tree’
December 7, 2016
Molino Park Elementary Schools’ first and second grade classes presented “The Littlest Christmas Tree” Tuesday night at the school.
NorthEscambia.com photo by Savanna Calhoun, click to enlarge.
Escambia County’s Top 5 Teachers Named
December 7, 2016
The list of finalists for Escambia County’s Teach of the Year has been narrowed to five candidates:
Jay Royals Pull Ahead Of Northview 59-53
December 7, 2016
Jay 59, Northview 53
Tied 40-40 going into the third period, the Jay Royals pulled ahead to beat the Northview Chiefs 59-53 Tuesday night in Bratt.
NorthEscambia.com photos, click to enlarge.
Molino Man Charged With Firing Rifle At Two People
December 6, 2016
A Molino man is facing felony charges after allegedly firing a rifle at two people.
Justin Michael Odom, 22, was charged with two counts of aggravated assault with a deadly weapon.
Odom and another man, whose name has not been released, were reportedly involved in an altercation at a home in the 400 block of Lakeview Avenue in Cantonment before firing a rifle at the victims and their residence. Odom and the second suspect then fled the area in a Lincoln Town Car, according to an arrest report.
Bond for Odom was set at $25,000.
Alabama Burn Ban Lifted
December 6, 2016
The state of Alabama has lifted a statewide Drought Emergency ‘No Burn’ Order which has been in effect since early November.
“In recent days we have seen significant rainfall across our state and the Alabama Forestry Commission now believes the worst of the drought has ended,” Governor Robert Bentley said. “I want to thank the Forestry Commission and the dozens of local fire departments that have worked so hard to ensure the thousands of wildfires didn’t get out of hand. These men and women have worked long hours under intense conditions to prevent as much damage as possible. We will continue to work with stake holders across the state to help everyone recover from the drought.”
According to State Forester Gary Cole, “Although all counties in the state will return to having burn permits available, we should bear in mind that Alabama like much of the South is still experiencing extreme drought conditions this fall. The AFC will continue to monitor ground moisture levels throughout the state. If ground fuels become exceptionally dry again, it may be necessary to re-issue a Fire Alert or No Burn Order in affected areas.”
The AFC advises anyone conducting any type of outdoor burning to follow safety precautions such as not leaving a fire unattended until it is completely out, having the necessary equipment and personnel to control the fire, and having a garden hose or other water supply on hand for smaller debris burns. Any fire more than a quarter-acre in size or within 25 feet of a forested area requires a permit from the AFC. Burn permits may be obtained by calling 1-800-392-5679. Burning without a permit is a Class B misdemeanor, punishable by up to six months in jail and/or up to a $3,000 fine.
State Taking Escambia Popeye’s Death Penalty Case To U.S. Supreme Court
December 6, 2016
The state plans to ask the U.S. Supreme Court to revisit a landmark Escambia County case in which justices struck down as unconstitutional Florida’s death-penalty sentencing procedure because it gave too much power to judges, instead of juries.
Attorney General Pam Bondi’s lawyers will appeal a ruling by the Florida Supreme Court in the case of Timothy Lee Hurst, according to a motion asking a judge to put on hold a resentencing hearing for Hurst. That resentencing hearing was ordered by the Florida Supreme Court in October.
Hurst was sentenced to death for the 1998 killing of fast-food worker Cynthia Harrison in Pensacola. Harrison, an assistant manager at a Popeye’s Fried Chicken restaurant on Nine Mile Road where Hurst worked, was bound, gagged and stabbed more than 60 times. Her body was found in a freezer.
The state is objecting to the Florida court’s interpretation of the U.S. Supreme Court’s landmark decision in January in the Hurst case, according to the document filed in Escambia County.
The U.S. Supreme Court’s decision in Hurst’s case found that Florida’s system of allowing judges, instead of juries, to find the facts necessary to impose the death penalty was an unconstitutional violation of the Sixth Amendment right to trial by jury. The court sent Hurst’s case back to the Florida high court.
At the time of the January ruling, Florida’s system allowed jurors by a simple majority to recommend the death penalty. Judges would then make findings of fact that “sufficient” aggravating factors, not outweighed by mitigating circumstances, existed for the death sentence to be imposed, a process known as “weighing.”
Florida lawmakers hurriedly rewrote the law this spring, requiring jurors to unanimously find that at least one aggravating factor exists before a defendant can be eligible for a death sentence and requiring at least 10 jurors to recommend death for the sentence to be imposed.
The new law, approved by Gov. Rick Scott, also required juries to weigh whether sufficient mitigating factors exist to outweigh the aggravating circumstances, but the law is silent about whether those decisions must be unanimous.
In October, the Florida Supreme Court ruled that the new statute was unconstitutional because it did not require unanimous jury recommendations about imposing the death penalty, something not addressed by the U.S. court decision.
The Florida court, in a 5-2 ruling, decided that the lack of unanimity in the state law runs afoul of protections guaranteed by the U.S. and state constitutions.
The majority also found that the U.S. Supreme Court decision in Hurst mandated that all findings necessary for imposition of a death sentence are “elements” that must be decided by a jury, and Florida “has a longstanding history of requiring unanimous jury verdicts as the elements of a crime,” the majority wrote.
But the state disagrees.
The Florida court interpreted the U.S. court’s earlier ruling in Hurst “to require jury findings of all aggravating circumstances; mitigating circumstances; and weighing rather than only requiring jury findings of one aggravating circumstance,” Senior Assistant Attorney General Charmaine Millsaps and Assistant Attorney General John Molchan wrote in the six-page request in Escambia County.
“The state of Florida believes this expansive reading to be in error and will seek discretionary review in the United States Supreme Court,” the lawyers wrote.
But defense lawyers said the state’s appeal is problematic because the Florida Supreme Court based its Hurst ruling in large part on the state’s constitutional guarantee to trial by jury.
“They’re unhappy with the result, and they’re unhappy with all of these death sentences being reversed. But they’re running into a problem: what’s the federal issue and what’s the state issue. The U.S. Supreme Court doesn’t have jurisdiction to decide what the state statute meant. That’s a question of state law,” lawyer Martin McClain, who has represented more than 250 defendants in death penalty cases, said in a telephone interview Monday.
In its Hurst ruling, the Florida Supreme Court concluded that “under the commandments of Hurst v. Florida, Florida’s constitutional right to trial by jury, and our Florida jurisprudence, the penalty phase jury must be unanimous in making the critical findings and recommendation that are necessary” before death can be imposed.
“I believe the U.S. Supreme Court is unlikely to interfere with a state Supreme Court interpreting state law and that state’s Constitution,” said Pete Mills, a 10th Judicial Circuit assistant public defender who is chairman of the Florida Public Defenders Association’s Death Penalty Steering Committee.
While the U.S. Supreme Court ruling in Hurst did not address unanimity, the state’s appeal of the Florida court’s decision could be an attempt to get a federal ruling on the issue.
“I think they’re trying to get another bite at the apple,” said 5th Judicial Circuit Public Defender Mike Graves. “I don’t understand how they expect to get from here to there.”
by Dara Kam, The News Service of Florida with contribution from NorthEscambia.com
Flomaton Man Charged With Weekend Shooting Death
December 6, 2016
A Flomaton man has been charged with the shooting death of a mother of four Friday night in Pollard, AL.
Shannon Heath Bell, age 31 of Upper Creek Road, has been charged with manslaughter for the death of 36-year old Donna L. Martin. He was being held in the Escambia County (AL) Detention Center in Brewton with bond set at $25,000.
About 6:30 Friday night, authorities received a call about a gunshot victim in the Pollard area. The caller was experiencing problems with his phone connection, but was eventually able to relay that he wanted medical units to meet him at the intersection of Foshee Road and Highway 31. First responders arrived to find Martin suffering from a gunshot wound to her side. She was transported to D.W. McMillan Hospital in Brewton where she was later pronounced deceased.
The case remains under investigation and authorities said additional charges may be forthcoming. The case has been turned over to the district attorney and will be presented to a grand jury.
Two Tons Of Peanut Butter Collected During Recent Food Drive
December 6, 2016
Two tons of peanut butter was collected during a recent “Take a bite out of Hunger” peanut butter food drive.
UF IFAS Escambia County Extension collected 371 jars of peanut butter weighing in at 625 pounds, plus local peanut producers Rodney and Mike Helton donated three pallets containing 3,375 pounds of peanut butter in 4,500 jars.
The peanut butter will be donated to local food pantries.
Photo for NorthEscambia.com, click to enlarge.
Escambia County Names New Building Services Director
December 6, 2016
Escambia County has hired Tim Tolbert as the new building official – director of Building Services, replacing Donald Mayo, who retired from the position on November 10 after 38 years with the county. Tolbert’s first day on the job was Monday.
Tolbert most recently served as the building official with Lafayette Consolidated Government in Lafayette, LA, a position he held since April 2015. His responsibilities included enforcing state-mandated construction codes, local ordinances and related state statutes through permitting, plan review and inspection. Tolbert’s previous positions include the building official for the Santa Rosa County School District and building official for the Santa Rosa County Board of County Commissioners.
Growing up in Holley, FL, Tolbert has worked in the construction industry all his life beginning with the family construction business then transitioning into construction regulation. He graduated from Milton High School and also attended Florida State Fire College and Pensacola State College.
Tolbert has 22 years of experience as a building official and fire marshal and holds more than a dozen certifications and licenses in his field. His certifications through the International Code Council include building official, building inspector, building code official, plans examiner, coastal construction inspector, residential combination inspector, property maintenance and housing inspector and housing code official. Tolbert also holds eight certifications through the Southern Building Code Congress International.
Additionally, Tolbert was appointed to the Florida Building Commission in July 2008 by Gov. Charlie Crist and reappointed in July 2013, serving until April 2014. He is a state of Florida approved construction education instructor with more than 10 years of experience and has developed numerous construction courses approved by the state of Florida.
Tolbert said he’s excited for the opportunity to return to the Escambia County area and be closer to Holley, where his family has a history dating back to 1865. Tolbert has three children and a fiancée, Cassie Swain, who plans to relocate to the area and continue working as a realtor.
Along with advancing in his career, Tolbert said he’s looking forward to continuing to help contractors and residents with their design and building needs.
“I enjoy solving problems that arise when a building method or design butts heads with the building code,” Tolbert said when asked what he loves about his field of work. “Code compliance is always required, but a building official can accept alternate methods of compliance as long as the method meets or exceeds the intent of the code. It’s always rewarding when I’m able to help a customer with a difficult code issue.”
As Escambia County’s building official – director of Building Services, Tolbert’s responsibilities will include supervising the Building Services Department, providing support to county administration and the board of county commissioners and ensuring compliance with applicable federal, state and local laws, regulations and codes.
Senators Look At Next Steps For Medical Marijuana
December 6, 2016
About a month after Florida voters approved a constitutional amendment to broadly legalize medical marijuana, a Senate panel next week will start looking at how to carry out the requirement.
The Senate Health Policy Committee is scheduled to hold a workshop on December about implementation of what is known as Amendment 2. About 71 percent of voters approved the measure during the November 8 election.
Lawmakers in 2014 approved a law that allows types of non-euphoric cannabis for some patients. They also approved a measure this year that allows full-strength marijuana for terminally ill patients. But Amendment 2 would make marijuana available to patients with a far-broader range of conditions.
by The News Service of Florida