Justices Gives Green Light To Traffic Stop Over License Plates
May 15, 2016
In a case that started with a dangling tag light, the Florida Supreme Court made clear Thursday that police officers have broad authority to pull over motorists whose license plates are not fully visible.
Justices, in a 5-2 decision, rejected an appeal from Jermaine D. English, who was stopped by Orlando police because a tag light and wires were hanging down over the license plate on a vehicle he was driving. Evidence found during the stop led to English being charged with possession of cocaine, marijuana and paraphernalia.
In seeking to suppress the evidence, an attorney for English contended that police did not have cause to stop the vehicle. But the Supreme Court upheld a 2014 decision by the 5th District Court of Appeal, which found that state law requires numbers and letters on license plates to be “plainly visible at all times.”
A major part of the dispute centered on whether the law applies only to license plates that have been defaced or covered in substances, such as grease, that would prevent them from being easily read — or whether it also applies to situations such as bulbs and wires hanging down.
“We conclude that the plain language of (the section of state law) is clear and unambiguous, and requires that a license plate be plainly visible and legible at all times without regard to whether the obscuring matter is on or external to the plate,” said Thursday’s ruling, written by Chief Justice Jorge Labarga and joined by justices R. Fred Lewis, Peggy Quince, Charles Canady and Ricky Polston.
But Justice James E.C. Perry, in a dissent joined by Justice Barbara Pariente, wrote that the law was intended to prevent motorists from “physically altering or obscuring the license plate.”
“Under the majority’s view, the licensing statute could lead to potentially outrageous results,” Perry wrote. “For example, families and avid bikers who utilize rear bike racks will now be guilty of unlawful activity if any part of the bicycle or bicycle rack — or the nylon straps which are used to secure the bike to the rack — covers the license plate. The possibilities under which law enforcement may now detain drivers under this statute are limited only by the imagination, potentially placing in the hands of law enforcement unfettered discretion to enforce the statute.”
In going to the Supreme Court, English’s attorney argued that the 2014 ruling by the 5th District Court of Appeal conflicted with an earlier decision by another appeals court. That decision, by the 2nd District Court of Appeal, found that police could not stop a vehicle because a trailer hitch blocked the view of a license plate, according to a brief filed last year by English’s attorney.
The Supreme Court majority, however, sided with the 5th District Court of Appeal and rejected the earlier ruling.
“The plain language of (of the section of law) requires that a license plate be ‘clear and distinct’ and ‘free from defacement, mutilation, grease, and other obscuring matter;’ it does not suggest that matter external to the license plate may constitute a permissible obstruction under the statute,” Labarga wrote.
by Jim Saunders, The News Service of Florida
No More Extra Tornado Debris Removal In Century
May 15, 2016
Extra tornado debris removal in Century is over, three months after an EF-3 tornado ripped through the town.
Large dumpsters from Republic Services were placed in the hardest hit areas for debris following the tornado ; those dumpsters have now been removed. The town will resume its normal curbside pickup scheduled of the first and third Tuesday of each month. The next pickup will be this Tuesday, May 17.
On February 15, the Town of Century was struck by an EF-3 tornado that had winds estimated to be up to 155 miles per hour that damaged or totally destroyed 109 structures.
Escambia County agree to pick up the tab for the large dumpster rentals and the rentals of equipment the town did not own for a three month cleanup period, up to $75,000.
Pictured: Tornado debris is loaded into a dumpster on Front Street in Century in March. NorthEscambia.com photo, click to enlarge.
Two Week Work Stoppage, Lockdown Over At Holman Prison
May 15, 2016
The Alabama Department of Corrections reported that a two-week lockdown at the Holman Correctional Facility in Atmore is over.
The lockdown was lifted on Thursday when inmates who were participating in a work stoppage there reported to work.
Approximately 30 inmates at Holman worked kitchen detail for each meal shift; 35 inmates reported to the facility’s tag plant that produces the state license plates; and 23 inmates worked in the sewing plant that manufactures bed linens for state prisons. The tag plant remained operational during the work stoppage by inmates from the Atmore Community Work Center. The tag and sewing plant are part of the Alabama Correctional Industries (ACI).
Inmates who work in the Alabama Correctional Industries are paid 25 to 75 cents-an-hour for their work. Inmates assigned to kitchen detail, the recycling plant, and laundry services are not compensated.
Prison officials said Alabama Correctional Industries is primarily a work-training program for inmates that employs approximately 70 state employees and 500 inmates. ACI offers products, custom items such as furniture, and other services to state agencies.
During the work stoppage, staff provided basic services to inmates such as food and medical care while keeping the facilities secure.
NorthEscambia.com photo, click to enlarge.
Poll: Clinton, Trump Too Close To Call In Florida
May 15, 2016
With voters sharply divided by gender, race and age, Democrat Hillary Clinton and Republican Donald Trump are virtually tied in Florida as the focus of this year’s presidential race shifts from the primaries to the November general election, a new poll shows.
The Quinnipiac University poll showed Clinton at 43 percent in Florida and Trump at 42 percent. While Clinton is widely expected to win the Democratic nomination, poll numbers are nearly identical when her primary opponent, Vermont Sen. Bernie Sanders, is matched up against Trump — 44 percent for Sanders, 42 percent for Trump.
The poll shows Clinton and Trump are unpopular with huge swaths of Florida voters. Each is viewed favorably by only 37 percent of voters and is seen unfavorably by 57 percent.
Also striking is the difference in how women and men view the candidates. Clinton, seeking to become the first woman president, leads by a margin of 48 percent to 35 percent among women, while Trump leads by a margin of 49 percent to 36 percent among men.
Trump leads Clinton by a margin of 52 percent to 33 percent among white voters, while Clinton leads 63-20 among non-white voters. White women are virtually split on the candidates, but Trump leads by a huge margin —- 61 percent to 25 percent — among white men, the poll shows.
“Republicans’ weakness among minority voters is well known,” Peter Brown, assistant director of the Quinnipiac Poll, said in an analysis accompanying the results. “But the reason this race is so close overall is Clinton’s historic weakness among white men. In Florida, she is getting just 25 percent from white men.”
The Connecticut-based Quinnipiac frequently conducts polls in Florida and other swing states. It also released results Tuesday of polls in Ohio and Pennsylvania that showed Trump and Clinton in similarly tight races in those key states.
“Six months from Election Day, the presidential races between Hillary Clinton and Donald Trump in the three most crucial states, Florida, Ohio and Pennsylvania, are too close to call,” Brown said.
The poll was released as Republican leaders in Florida and across the nation debate whether to support Trump, a New York real-estate developer who has run against the party establishment and made controversial remarks about women and minorities. But Trump blazed through the GOP primaries, including winning 66 of 67 counties in Florida — losing only in Miami-Dade County to Florida Sen. Marco Rubio, who lives in the county.
Along with gender and race, the poll shows huge divides in Florida based on age. Clinton leads by a margin of 49 percent to 27 percent among voters ages 18 to 34 and leads 46 percent to 37 percent among voters ages 35 to 49. But the numbers flip with older voters: Trump is up by a margin of 49 percent to 38 percent among voters ages 50 to 64 and leads by a margin of 50 percent to 37 percent among voters 65 and older.
In the end, however, the poll indicates the race in Florida could come down to independent voters. Clinton and Trump each receive support of 39 percent of those voters.
The poll, conducted from April 27 to Sunday, surveyed registered voters in Florida and has a margin of error of 3 percentage points.
by Jim Saunders, The News Service of Florida
Wahoos Walk Off With Win
May 15, 2016
Bottom of the ninth inning, two outs and the bases loaded. It’s a situation every hitter has visualized at least a hundred times: the roar of the crowd, the crack of the bat and the thrill of victory.
The dream became a reality for Chad Wallach, who knocked a bases-clearing double to tie the game in the ninth before Pensacola walked off with a 5-4 win in extra innings.
Wahoos manager Pat Kelly turned to Wallach, his final position player available off the bench, to face the hard-throwing Mississippi Braves closer Mauricio Cabrera. Wallach wasted no time, sending the first pitch into the gap in right center field to erase a three-run deficit.
“When you’re in that situation and you’re trying to get a base hit for the team, you’re just going up there looking for one pitch,” Wallach said. “If the guy throws hard, you’re just trying to be on time. He threw it in a spot where I could hit it and I put a good swing on it.”
Pensacola took advantage of a leadoff walk in the 10th to set the scene for Blandino, whose single bounced past a drawn-in outfield. The team spilled onto the field in celebration and met Blandino behind second base with a baby powder shower.
“Water and baby powder, it’s kind of a disastrous mix,” Blandino joked. “But it’s always exciting when you can help your team walk off, especially the way we came back there, fighting and clawing our way back.”
Saturday’s game in front of a sellout crowd of 5,038 looked like a pitcher’s duel from the start as Sal Romano and Andrew Thurman combined for 16 strikeouts. Romano turned in the longest start of his Wahoos career, allowing two runs, one earned, in seven innings with a walk and seven strikeouts.
Romano worked around a two-run fifth inning, allowing a solo home run to Johan Camargo and falling victim to a pair of two-out errors. But the Pensacola starter finished on a strong note, retiring the last seven batters he faced.
“I thought the sixth inning was his best inning,” Kelly said. “He’s one of those guys that gets stronger as he goes on.”
Pensacola got a run back in the home half of the sixth as Joe Hudson doubled and scored on Bryson Smith’s sacrifice fly. But with a pair of insurance runs against El’Hajj Muhammad, Mississippi seemed to have enough insurance to stifle a Wahoos’ rally.
The Pensacola lineup wore down the closer Cabrera and spoiled a strong start from Thurman, who struck out a career-high nine batters. Wallach’s pinch-hit double was the team’s first hit in three innings, and Blandino’s single, just the fifth of the night for Pensacola, was the last one the Wahoos would need.
The Wahoos improved to 22-14 and picked up a half-game on first place in the Southern League South Division with Biloxi’s loss.
Cantonment Business Seeks Help In Finding Brazen Thief
May 14, 2016
A Cantonment small business was victim of brazen theft late Friday afternoon, just before closing time.
A man walked into A-1 Small Engines in Cantonment and walked out with nearly $1,000 in small power equipment, including a string trimmer and a chainsaw. He allegedly fled in Ford F150 occupied by another man.
The extended cab pickup, with possible Florida tab BAY K73 sped northward on Highway 29, according to the business.
A-1 Small Engine is offering a $500 reward for information that leads to the return of the stolen property and a conviction of the suspect.
Anyone with information is asked to call the Escambia County Sheriff’s Office at (850) 433-9620 or Crime Stoppers at (850) 433-STOP.
Pictured: A string trimmer allegedly stolen from A-1 Small Engines in Cantonment can be sticking out of the bed of this truck. Pictured below: The suspect’s truck fled north on Highway 29. Photos for NorthEscambia.com, click to enlarge.
FWC Divers Search Escambia River For Attempted Murder Suspect’s Shotgun
May 14, 2016
A state law enforcement dive team from the Florida Fish and Wildlife Conservation Commission spent hours Friday searching the bottom of the Escambia River for a shotgun used by an attempted murder suspect.
The FWC divers performed a systematic grid search under the Highway 4 bridge between Century and Jay, including the use of sonar equipment. On Thursday, Volunteers walked an area of the river that was about 4-5 feet deep, and magnets were pulled along in hopes of snagging the gun.
But so far, attempts to recover the shotgun from the river have been unsuccessful. Authorities plan to continue their search efforts.
Steven Lloyd Billiot, age 21 of Flomaton, remains in the Santa Rosa County Jail without bond awaiting extradition back to Escambia County, AL, to face an attempted murder charge for allegedly shooting a man with a shotgun early Wednesday morning.
The Escambia County (AL) Sheriff’s Office responded to a domestic disturbance in a mobile home park on Highway 31 about 12:30 a.m. Wednesday in the small community of Canoe, just east of Atmore. They arrived to find a man critically injured by a shotgun blast to his arm. The man allegedly got into an argument over a female with Billiot before Billiot shot him. The victim was transported to a local hospital and then transferred to the USA Medical Center in Mobile.
Billiot fled the scene and was captured several hours later after a short foot pursuit from the Farmer’s Market in Jay with the assistance of the Santa Rosa County Sheriff’s Office and U.S. Marshals.
According to Escambia County (AL) Chief Deputy Mike Lambert, Billiot told authorities that midday Wednesday he tossed the shotgun off the Highway 4 bridge between Century and Jay.
NorthEscambia.com photos, click to enlarge.
Escambia Man Convicted Of Filing False Tax Returns
May 14, 2016
An Escambia County man has been convicted in federal court of filing false tax returns.
Justin T. Phan, 51, will be sentenced August 19.
Phan owned and operated the business Global Travel and Tours on Mobile Highway in Pensacola. As a part of the business, Phan prepared income tax returns for individuals in the local Vietnamese community. Phan also sold airline tickets, prepared immigration documents, and transferred money outside the United States for his customers.
During the course of the four-day bench trial, the government proved that Phan prepared and filed false tax returns for himself for tax years 2008, 2009, and 2010. As a part of his tax returns,Phan falsely claimed that this total income for the respective years was $14,317, $23,948, and $23,649. However, the government showed that Phan’s total income for each of the years was in excess of $100,000. As a result of his false tax returns, Phan kept from paying in excess of $100,000 in taxes.
Victim In State Line Road Wreck Identified By Police
May 14, 2016
Authorities have identified the man killed in a single vehicle traffic crash just before midnight Wednesday at the Alabama/Florida state line in Flomaton.
According to Flomaton Police Chief Bryan Davis, 30-year old John Kyle Bell of Flomaton was westbound on State Line Road near Highland Avenue.. His 2001 Chevrolet Blazer left the roadway, struck a utility pole and overturned several times, coming to rest in front of the Flomaton Funeral Home.
Bell was ejected during the crash and pronounced deceased on the scene by Escambia County (FL) EMS. There were no other occupants in the vehicle.
Photos for NorthEscambia.com, click to enlarge.
Jay Man Faces 41 Years For Fatal DUI Crash
May 14, 2016
A Jay man is facing 41 years in prison for a fatal DUI cash just hours after he was released from jail.
Melvin D. Hawthorne was convicted by a Santa Rosa County Jury of DUI manslaughter, vehicular homicide, driving while license cancelled suspended, or revoked with careless or negligent operation of a vehicle resulting in death, DUI with serious bodily injury, and DUI with property damage.
Hawthorne faces a 41 year prison sentence as a habitual felony offender and as a prison releasee reoffender. Sentencing is set for August 11.
Hawthorne was released on bond from the Santa Rosa County Department of Corrections at approximately 9:00 a.m. on August 17, 2014.
About 12 hours later, Hawthorne was speeding in his stepfather’s black Nissan truck east of Berrydale on Highway 4 when he attempted to pass a Ford F150 towing a boat that was traveling at 55 mph. Hawthorne side-swiped the Ford and continued down Highway 4. Hawthorne then ran the stop sign at the intersection of Highway 4 and Highway 87 and continued to speed. He failed to turn and crashed into a railing. Hawthorne then backed up and again sped down Highway 4. He rear-ended a Dodge Neon carrying five people.
A passenger sitting in the rear of the Neon, Shawn McLaughlin, was entrapped in the Neon and died at the scene of the crash. Another passenger sitting in the rear seat of the Neon, Raistlin Bunch, was also entrapped in the vehicle and suffered a severe leg fracture.
A blood sample was taken from Hawthorne and tested positive for high levels of methamphetamine. Hawthorne was identified as the driver of the Nissan truck through forensic evidence as well as witness statements.