Family Seeks Justice In Boy’s Hit And Run Death; District Attorney Responds
March 10, 2016
Tomorrow marks one month since a 12-year old W.S. Neal Middle School student died after being struck by a car, and his family has launched a social media campaign against what they say in wrongdoing by the East Brewton Police Department.
On February 11, Devon Spencer and his friend were walking to school on Williamson Street when they were hit by a car. The friend was not seriously injured, but Devon died a few days later at Sacred Heart Hospital.
There have been no charges filed in the case, and the family is alleging that the East Brewton Police Department has not conducted a proper investigation and won’t provide them with an accident report or answer their questions. East Brewton Police Chief Kenneth Brazile has declined to talk about this case with the media.
District Attorney Stephen Billy said a proper investigation is being conducted by state and local law enforcement agencies.
“As is standard procedure these agencies have been thoroughly investigating this case and will present all evidence collected to the good citizens of this county at a future grand jury session, after their investigation is fully completed, for their consideration. In order to secure justice to all involved, investigations must be conducted professionally and according to the highest standards. That is exactly what law enforcement and this office have always done, and will continue to do. No one is more dedicated to finding the truth, and pursuing justice than this office.”
He said the investigative process before a grand jury hearing can be exhaustive, and the law prevents the release of some information concerning this case because juveniles are involved.
“In order for the justice system to work, the necessary steps must be taken–even when that process can seem slow to hurting families and the public. Justice does not rest, and it is not inattentive in this case. As is normally true and pursuant to Alabama law as it relates to juveniles, the facts in this case are not publicly released,” Billy said.
On their Facebook page, family encouraged supporters to contact area major media, including local and national television stations and NorthEscambia.com, to push for coverage on the case. Several local television stations did air stories this week. It was a tactic that he district attorney said will likely not help the family in their quest for justice.
“I understand the curiosity of the public for details, but trial by media seldom results in justice served,” Billy said.
Anyone with information regarding the case is asked to contact the Escambia County (AL) District Attorney’s Office at (251) 867-0239.
Devon Spencer has several close relatives that live in Century, according to family members.
Pictured: Family members have created the Justice 4 Devon Facebook page seeking justice after 12-year old Devon Spencer died as the result of being struck by a hit and run driver in East Brewton, AL. Courtesy image for NorthEscambia.com, click to enlarge.
FWC Law Enforcement Report
March 10, 2016
The Florida FWC Division of Law Enforcement reported the following activity during the weekly period ending March 4 in Escambia and Santa Rosa counties.
ESCAMBIA COUNTY
The Patrol Vessel Fincat was on patrol multiple days this week. Officers Allgood, Cushing, Land and Lieutenant Berryman, with assistance from Officer Tolbert, discovered multiple violations while on patrol in the Gulf of Mexico. As they approached one vessel for inspection, the subjects on board dumped multiple containers of fish and quickly moved away from their immediate location. The fish included closed-season red snapper and undersized gray triggerfish. Crew members netted many of the fish before making contact with the subjects on board. After completing their inspection, the officers issued five state misdemeanors.
On another patrol, federal citations were issued to subjects on board two different vessels for undersized greater amberjack (26 and 28 inches) and over the bag limit of gray triggerfish.
SANTA ROSA COUNTY
Officers Hutchinson and Jernigan concluded an investigation regarding armed trespass and the illegal taking of an antlerless deer. Officer Hutchinson received information about a subject trespassing on a hunting club. The complainant advised that he heard a gunshot on their club. He later located a vehicle parked at one of the gates in the same area where shot came from. A short time later, a subject wearing camouflage walked out of the woods and claimed to have been looking for azaleas. Later another subject wearing camouflage walked out of the same area but then ran back into the bushes and retrieved a hunting rifle. Both subjects got in their truck and left the area in a hurry. The complainant was able to get a tag number and a picture of the vehicle. Officers Jernigan and Hutchinson went to the residence of the owner of the vehicle. They were unable to make contact with the two subjects they were looking for but they were able to get information about the subjects’ whereabouts. They went to another residence and observed a truck leaving. They observed two men and two women in the truck and observed one of the men holding a rifle. When the officers asked the passenger to step out of the vehicle, they observed a meth pipe lying in the seat where the passenger was sitting. After further inspection of the vehicle, the officers located a large amount of illegal narcotics and drug paraphernalia throughout the vehicle. After questioning the subjects about the trespass, they admitted to trespassing on the hunting club and attempting to take a deer. One of the subjects admitted to leaving his shotgun in the hunting club property so that he wouldn’t be caught with the gun. The subject showed the officers where he concealed the shotgun. Both subjects were hunting with a modern firearm during the late muzzle loading season. The subjects denied shooting at a deer. Three subjects were arrested and booked into the Santa Rosa County Jail for the charges including possession of methamphetamine with intent to sell, possession of controlled substances (alprazolam and methamphetamine), possession of not more than 20 grams of cannabis, and possession of drug paraphernalia.
The following day, the officers received information from the hunting club member that he had located a dead antlerless deer in the area where the two suspects were hunting. The deer had multiple bullet holes in it consistent with being shot with buckshot. Warrants were obtained charging the two male suspects with taking antlerless deer out of season, taking or attempting to take deer with a centerfire rifle during muzzle loading season, and armed trespass.
Officer Hutchinson observed a truck parked along a field edge just before dark. He approached the truck and observed a hunter coming back to the truck from a nearby hunting blind. When he stepped out from concealment and identified himself, the hunter immediately shouldered his rifle and pointed it at Officer Hutchinson, telling him that he would shoot him. Officer Hutchinson took cover behind a tree as he ordered the man to drop his weapon. The suspect jumped in his truck and fled the scene, stating that he was going back to Alabama. Officer Hutchinson was unable to locate the suspect, but obtained a warrant charging him with aggravated assault on a law enforcement officer and resisting arrest with violence. The suspect was arrested by the Florida Regional Fugitive Task Force and is awaiting extradition.
This report represents some events the FWC handled over the past week; however, it does not include all actions taken by the Division of Law Enforcement. Information provided by FWC.
Man Sentenced For 2013 Atmore Manslaughter
March 10, 2016
An Atmore man has been sentenced for to prison for the 2013 death in Atmore.
Kendrell “Dick” McCants, 31, was charged with murder but pleaded to a lesser charge of manslaughter in the death of Marvin Norman. On Sunday morning, April 28, 2013, Atmore Police responded to a reported unconscious person in the 80 block of Brooks Lane. As officers arrived, they observed a man later identified as Norman on the ground in a yard. Police said he had injuries consistent with an assault. Norman was transported by Atmore Ambulance to Atmore Community Hospital. He was later airlifted by LifeFlight to Baptist Hospital in Pensacola where he passed away a short time later.
McCants was given a suspended sentence of 20 years in state prison and was ordered to serve three years in state prison followed by five year on supervised probation.
After being identified as the suspect, McCants was arrested in March 2014 by the U.S. Marshals Regional Task Force in Escambia County, FL. According to jail records, McCants is a former resident of Pensacola.
Scott Signs Bill That Ends Escambia’s Dispute With Dept. Of Juvenile Justice
March 10, 2016
The Florida House on Wednesday unanimously passed a bill that would end years of legal wrangling between the state and counties — including Escambia and Santa Rosa — over juvenile-detention costs.
The vote sends the issue to Gov. Rick Scott, who will sign the bill, a spokeswoman said.
The measure (SB 1322), filed by Sen. Jack Latvala, R-Clearwater, calls for a 50-50 split of juvenile-detention costs between the state and counties. It also involves a new billing system and an agreement by counties to waive all previous claims against the state.
The Senate unanimously approved the bill Monday.
In February, the Escambia County Commission voted to support the bill, promising to dismiss any pending litigation against the Department of Juvenile Justice while waving claims for past unfunded credits.
“The state and counties came together to finally end a billing system that resulted in litigation and hundreds of millions of tax dollars in dispute,” Latvala said in a statement released by the Florida Association of Counties after Wednesday’s vote. “Like every good compromise, both sides had to give, but the most important thing is the taxpayer came out the real winner.”
In dividing the cost of detaining young offenders equally between the state Department of Juvenile Justice and county governments, the measure would replace a formula that currently requires counties to pay 57 percent and the state to pay 43 percent. It would simplify the current billing process by allowing counties to pay prior-year costs, rather than paying estimated costs in advance.
Disputes about overpayments and underpayments in past years prompted 22 counties to file legal challenges against the Department of Juvenile Justice. The counties were largely successful in the challenges.
The clash centers on the department’s handling of a 2004 law that required counties to help pay for “predisposition,” or the costs of detaining underage offenders before they are sentenced. Between 2009 and 2013, the department calculated the counties’ share at 75 percent. Then in June 2013, the 1st District Court of Appeal upheld an administrative law judge’s ruling that the department had shifted more responsibility for the costs to counties than the law required.
Following the ruling, the Legislature in 2014 tried to come up with another formula. But a bill proposing a 50-50 split failed when the counties sought hundreds of millions of dollars in back payments. As a result, Scott and the department settled on the current 57-43 percent formula, which the counties have argued is too high.
Counties contended the state has forced them to pay too large a share of the costs and have called the current system an “unfunded mandate.”
Lawmakers moved forward with the bill after the appeals court ruled Feb. 8 in the counties’ favor on the matter of back payments. The House companion (HB 1279), filed by Latvala’s son, Rep. Chris Latvala, R-Clearwater, hadn’t gotten a committee hearing to that point — but after last month’s ruling, the Senate measure began to gain traction.
In a statement, the Florida Association of Counties said the measure “resolves billing-system failures that in 10 years never delivered an accurate bill. It replaces the system with one where counties will be billed based on verified actual costs and makes the state and counties equal 50/50 partners in sharing the costs of juvenile detention.”
In addition, the association noted, the state will continue covering the costs of juvenile detention for Florida’s 29 fiscally constrained counties, which have not been part of the dispute. The matter affects 38 counties, 22 of which have been in court seeking money they said they were owed.
Before lawmakers would pass the bill, Senate Criminal and Civil Justice Appropriations Chairman Joe Negron, R-Stuart, insisted the 22 counties in litigation waive their claims to recoup overpayments. Volusia County, the last county to agree, did so in an emergency meeting Monday.
The bill would require the counties to pay a total of $42.5 million for detention costs during the upcoming 2016-17 fiscal year. The state would pay the rest. After that, the state and counties would split the costs evenly.
Jack Latvala said the affected counties would save roughly $12 million in the first fiscal year.
To start carrying out the proposal, the bill includes providing $10.8 million to the Department of Juvenile Justice. That money would be in addition to money the department receives for detention costs.
by Margie Menzel, The News Service of Florida
Friday Is Registration Dealine For Miss Tri-County Beauty Pageant
March 10, 2016
The Northview High School Senior Class is sponsoring the “Miss Tri-County Pageant on Saturday, April 2 beginning at 10 a.m. at the school.
The entry deadline is Friday, March 11 at 3:30 p.m.
For complete details and a registration form, click here (pdf).
Fire Chief: Car Seats Save Toddlers In Rollover Crash
March 10, 2016
A local fire chief is crediting the use of car seats with saving two toddlers from serious injury or even death during a rollover crash Wednesday.
A driver lost control on Highway 113 just north of Flomaton Wednesday, flipping her car over before it came to rest upright in a ditch. Two toddlers, both age about 18 months, were property restrained in car seats in the vehicle, and both were unharmed.
‘The car seats saved those children,” Flomaton Fire Chief Steve Stanton said. “Without the car seats, they likely would have been seriously injured or worse. I just can’t say enough how important car seats are, and this wreck showed that.”
The driver of the vehicle, who was wearing a seat belt, suffered minor injuries.
The accident remains under investigation by the Alabama State Troopers. The Flomaton Fire Department, Lifeguard EMS, and the Flomaton Police Department also responded to the crash.
Submitted photos for NorthEscambia.com, click to enlarge.
Molino Man Arrested On Child Porn Charges
March 9, 2016
A Molino man was arrested Tuesday after allegedly downloading child pornography.
Agents with the Florida Department of Law Enforcement arrested 51-year old Larry Wayne Putney of 5881 Molino Road on 10 counts of possession of child pornography.
FDLE gents served a search warrant at a residence on Walker Road in Milton where Putney had previously visited. Putney was not at the residence at the time of the search but was later located at his home in Molino. An initial computer forensic review revealed evidence that 10 files of child pornography were downloaded. The files included one image and nine videos that depicted underage boys engaged in sexual performance, according to FDLE.
Putney was booked into the Escambia County Jail on $100,000 bond.
The case was investigated by members of the North Florida Internet Crimes Against Children Task Force including the Florida Department of Law Enforcement, the U.S. Department of Homeland Security – Homeland Security Investigations (HSI), the Pensacola Police Department, Santa Rosa County Sherriff’s Office and the Escambia County Sheriff’s Office.
County Commissioners Seek Solution To Trains Blocking Entire Neighborhoods
March 9, 2016
Local lawmakers are looking for solutions after a stalled CSX train blocked crossings from Becks Lake Road in Cantonment north to McKenzie Road in Cottage Hill Tuesday morning, leaving numerous residents unable to enter or exit their neighborhoods for hours. It was the second time in two months that the crossings were blocked for hours by a train.
Tuesday, Escambia County Commission Steven Barry called for the county and CSX to find a way around completely blocking residents from exiting their neighborhoods and from blocking emergency vehicles that might need to respond.
“The first time we have an ambulance that can’t get to a home and we have someone die from cardiac arrest,” Barry said, “I can’t imagine. It would be terrible,” Barry said. He said that he also hopes CSX will participate in the funding of any possible solution.
Tuesday’s train blockage kept many Cantonment and Cottage Hill residents at home, while others opted to risk climbing through — or even passing their children through — the stopped rail cars.
Commissioner Grover Robinson said during a Tuesday morning commissioner’s meeting that CSX needs to split trains and and open roads. “There’s got to be a way to make that happen,” he said, for public safety.
And Commissioner Wilson Robertson said he thought there was a law on the books in Escambia County to prevent trains from blocking crossings for extended periods of time. But County Attorney Alison Rogers said any such law would not likely be enforceable, if it exists, due to the wide reaching rights of railroad companies.
“The CSX folks are almost like a country unto themselves,” Rogers said. “They have unbelievable federal powers. The best solution for these is outreach and connections. It’s very difficult to enforce things against the railroad.”
Commissioners agree to have County Administrator Jack Brown reach out to CSX for any possible compromise.
Pictured top: An aerial view of the train blocking crossings in Cantonment. Image courtesy Eric McCowan for NorthEscambia.com, click to enlarge. Pictured below: The train blocks Becks Lake Road in Cantonment. NorthEscambia.com photo, click to enlarge.
United Way Expanding Free ‘Store’ To Century For Tornado Victims
March 9, 2016
United Way’s free “store” remains open for tornado victims, and the agency has announced that items will also be available in Century this week.
The store opened Monday and will be open daily from 9 a.m. until 4 p.m at 1301 West Government Street in Pensacola. While a number of Century residents did visit the store, United Way Director Andrea Krieger said the agency has worked with local partners to distribute supplies from in-kind goods taken from the “store” in Century.
- United Ministries will use funding provided by United Way to assist family and will also distribute supplies from the “store” to as many impacted by the February 15 Century tornado as possible on Thursday from 9 a.m. until 3 p.m. at Pilgrim Lodge Baptist Church at 7000 Jefferson Avenue.
- Healthy Start will use minimal funding from United Way to help extend hours and distribute supplies from the “store” at the Healthy Start Century office at 511 Church Street, Monday-Thursday of each week from 9 a.m. until 2 p.m. while supplies last.
The free United Way “store”, and the remote locations in Century, will offer items including:
- toiletries-soap, shampoo, toothpaste, mouthwash, toothbrushes, shaving gel, razors, floss, etc.
- paper and plastic goods-paper towels, toilet paper, plastic flatware, paper plates, plastic cups, napkins, etc.
- cleaning supplies- bleach, laundry detergent, disinfecting wipes, gloves, rags, towels, trash bags, etc.
- baby items- diapers, baby wash, lotion, shampoo, pacifiers, bibs, burp cloths, starter kits, formula, bottles, etc.
- drinks- packs of water, soda, juice, Gatorade, Powerade, etc.
- other- pillows, towels, sheets, blankets, etc.
- vouchers for clothing to be selected at one of four Goodwill thrift stores locally ($2,000 in total of supplies donated)
- vouchers for nonperishable food and cases of water available for pickup at Manna (over $18,000 in total of supplies donated)
- 100 Restaurant gift cards in $25 denominations donated by Jackson Hewitt
- 15 Whataburger gift cards in $100 increments – donated by Whataburger
- towing vouchers for those with damaged vehicles
- 21 varying gift cards (grocery, retail outlets, home repair box stores) with values from $10 to $50
The items are available for free with those with assessed damage from the February 15 Century tornado, or the February 23 Pensacola tornado.
OTHER RESOURCES FOR TORNADO VICTIMS
BRACE
(Call 211 for information on how to access the electrical box reconnections being provided through a generous gift from Gulf Power)
Brace continues to coordinate with voluntary organizations active in disaster to begin plans for long-term recovery.
- Constant communication and coordination with Escambia County and Pensacola/Century City Governments, Volunteer Florida, FEMA VALs and local/national volunteer organizations responding to the tornadoes.
Catholic Charities
(Call 211 for information on how to access case management services with Catholic Charities. They are prioritizing their case work to help tornado victims first. Slots for appointments are going quickly and due to the high demand, you may not be able to see someone immediately. List of available help below):
- Food vouchers
- Life sustaining medications
- Hotel stays
- First month’s rent and deposit for new rental property
- Utilities and Utility deposits
- Clothing/household vouchers
Escambia County Healthy Start Coalition
(Call 211 for additional information on their services).
(Families in need may stop by the Healthy Start Office at 511 Church Street, Monday through Thursday from 9am to 2pm. Items available below:).
· Manna Food pantries donated baby food and cereal – Healthy Start is providing these to mothers until supplies last first come/first served.
· Goodwill and Abundant Life Outreach donated diapers and baby wipes- Healthy Start is providing these to mothers until supplies last first come/first served.
St. Vincent de Paul
(Call 211 for additional information on their services).
- Clothing vouchers for disaster victims to shop in their thrift stores
Ministry Village at Olive
(Call 211 or 850-473-4466 if you live in Escambia or Santa Rosa County)
- Assistance in the form of deposits or transfer fees for Gulf Power service not to exceed $400.00.
- Proof of being a storm victim is required and funding is limited.
United Ministries
(Call 211 or 850-433-2333)
- Assistance to those who enter into a case work relationship with them- so they can help clients manage their recovery.
- Proof of being a storm victim is required and funding is limited- they are setting aside $20,000 of their budget and applying to United Way for funding.
Goodwill Easter Seals of the Gulf Coast
(Call 211 for locations of the stores close to you- vouchers are provided through 211).
- New and Used Clothing and shoes – shop in thrift store for in-kind goods donated for tornado victims
United Way – 211 Northwest Florida
(Call 211 with your needs related to the items listed below).
2-1-1 will be managing the information on the disbursement of in-kind goods collected through community drives and on where resources are available.
United Way of Escambia County encourages survivors to call 2-1-1 for resources related to their disaster needs.
Shop for donated (new) in-kind items below from 9am to 4pm at United Way of Escambia County (1301 West Government Street)
When survivors call 2-1-1, they will be offered food resources as well as clothing, toiletries and household goods from the community drives.
- New and Used Clothing and shoes (vouchers issued for victims to shop in Goodwill Easter Seals stores in Escambia County- available starting Monday the 7th)
- Non-perishable food boxes with 7 days of food (pet food) and a case of water (Manna will be disbursing these items for United Way so that the food can be stored appropriately in accordance with USDA standards).
- Tree service for those with tree removal needs
- Debris removal service
Pictured top: Volunteers from Ascend Performance Materials in Cantonment volunteer at the United Way free “store” for tornado victims in Pensacola. Courtesy photo for NorthEscambia.com, click to enlarge.
SWAT Arrests Man After Three Hour Standoff
March 9, 2016
An Escambia County man is in custody after holding deputies at bay for hours Tuesday afternoon.
Shortly before 1 p.m. Tuesday, Escambia County deputies tried to serve an aggravated assault warrant on Blue Star Drive in Ferry Pass. The suspect, Robert Schauer, barricaded himself inside his home.
The Escambia County Sheriff’s Office SWAT team responded and tried unsuccessfully to communicate with Schauer for three hours before teargas was deployed inside the home.
When members of the SWAT team made entry into the home, they discovered Schauer’s 93 year old mother was inside. Deputies removed her from the house and she was transported to a local hospital for treatment. Schauer was found in the hallway of the home holding a handgun and he was taken into custody by force. Additional charges are pending at this time.