Bill Would Shift Burden Of Proof In ‘Stand Your Ground’ Cases
September 16, 2015
A key supporter of Florida’s controversial “stand your ground” law filed a bill Tuesday that would shift a burden of proof to the state in cases in which people argue they used force in self-defense.
The bill (HB 169), filed by Rep. Dennis Baxley, R-Ocala, came about two months after the Florida Supreme Court ruled that people who use “stand your ground” defenses have the burden of showing they should be shielded from prosecution. In such cases, pre-trial evidentiary hearings are held to determine whether defendants are immune from prosecution under the law.
But Baxley’s bill, which will be considered during the 2016 legislative session, would place the burden of proof on prosecutors in the evidentiary hearings.
The bill said it is “intended to correct misinterpretations of legislative intent made by the courts” and would apply retroactively to pending cases. “The Legislature finds that imposing the burden of proof on a person who uses or threatens to use defensive force as permitted by general law at a pretrial evidentiary hearing substantially curtails the benefit of the immunity from trial provided by this section (of law),” the bill says. “The Legislature intends to make it explicit that the state shall bear the burden of proof in establishing beyond a reasonable doubt whether a defendant is entitled to immunity at a pretrial evidentiary hearing in order to disprove a prima facie claim of self-defense immunity. The Legislature has never intended that a person who acts in defense of self, others, or property be denied immunity and subjected to trial when that person would be entitled to acquittal at trial.”
by The News Service of Florida
Central Tops Northview; Washington Over Tate
September 16, 2015
Central defeated Northview 3-0 in varsity action Tuesday at Central, 25-8, 25-22, 25-19. Junior varsity results were not available. Northview will host Laurel Hill High School on Thursday. For more photos, click here.
Washington High School defeated Tate 3,0 Tuesday at Tate, 25-23, 25-23, 25-17. Tate will travel to West Florida School on Wednesday.
Pictured: Northview at Central. NorthEscambia.com photos by Gary Amerson, click to enlarge.
Missing Children’s Day: Search Continues In North Escambia Case
September 15, 2015
A Tate High School student last seen 14 years ago in North Escambia was among those remembered Monday on the 2015 Florida Missing Children’s Day in Tallahassee.
““Our prayers are with each of the parents and loved ones of missing children for the heartache that they have experienced. Florida remains a national leader in combating these terrible crimes, and we will continue to work together to shine a light on any crime that places the life of a child at risk,” Florida Gov. Rick Scott said Monday.
In 2014, more than 35,000 incidents of missing children were reported to Florida law enforcement agencies and six AMBER Alerts were issued statewide. Since its inception, 192 AMBER Alerts have been issued, including two so far this year. AMBER Alerts have directly aided in the rescue of 62 children.
“We will never forget about these children and their families. We will continue to search and investigate, regardless of how long it’s been, to bring missing children home and provide answers for their families,” Florida Department of Law Enforcement Commissioner Gerald Bailey added.
Danielle Arion Bell was last seen at age 14 at a party in September 2001 in the 500 block of Cedar Tree Lane, between Highway 29 and Highway 95A in Cantonment.
Witnesses told authorities that Bell left a party with a man that was in his mid-twenties at the time. Escambia County deputies later questioned that man and searched his home, but he was never charged in connection with the case.
During the summer of 2007, Alfredo Gomez Sanchez, Jr. was charged with providing law enforcement with false information about his whereabouts at the time Bell disappeared. He was not implicated in her disappearance.
In October 2010, the Escambia County Sheriff’s Office Cold Case Unit served a search warrant at the home.
As part of that search warrant, a septic tank behind the residence was pumped out, and dogs from Escambia County Search and Rescue were also used to search the area. Investigators said nothing was found, and they would not say what new information might have led to the search.
According to the Florida Department of Law Enforcement, Danielle has a scar on her right forearm and blue eyes. She had brown hair at the time of her disappearance. Danielle, whose nickname was “Dani”, was a member of the Tate Aggies cheerleading squad. The popular teen enjoyed dancing and drawing.
Anyone with information about Bell is asked to call the Escambia County Sheriff’s Office Major Crimes Unit at (850) 436-9580 or Crime Stoppers at (850) 433-STOP.
FDLE invites the public to sign up to receive Missing Child Alerts and AMBER Alerts via email or text message by visiting www.missingchildrenalert.com. To view photos of missing children, visit www.fdle.state.fl.us.
Pictured top: Investigators pumped and searched a septic tank at this home on Cedar Tree Lane in Cantonment in October 2010 in the case of missing teen Danielle Arion Bell. Pictured below: A search and rescue K-9 team was also on site. Pictured bottom: A septic tank company employee prepares to pump a septic tank at the home. NorthEscambia.com file photos, click to enlarge.
Police: 37 Juveniles Arrested In Connection With Vehicle Burglaries
September 15, 2015
Since September 1, Pensacola Police officers have arrested 37 juveniles – some on multiple charges – in connection with more than 25 vehicle burglaries and attempted vehicle burglaries.
“In almost every incident, vehicle doors had been left unlocked,” said Detective Eric Hubley. “The number of vehicle burglaries being investigated would drop tremendously if people would just remember to lock their doors.”
Eight suspects were arrested Saturday and charged with loitering and prowling after they were seen trying to open vehicles in an apartment complex. Hubley said police were called Saturday night after a person saw the suspects pulling on vehicle handles and using flashlights to look into vehicles at Ashley Club Apartments, 2101 Scenic Highway. The suspects ranged in age from 14 to 18. Hubley said they weren’t charged with burglary because they didn’t enter any of the vehicles.
On Sunday, three juveniles – Jose Grady Polnitz, 13; Roderrick Ali Stallworth, 12; and Josea Williams, 11 – were charged with burglary after they were seen climbing onto the roof of Spencer Bibbs Elementary School. Two of the males entered the school via an unlocked window while the third acted as a “look out.”
And on September 8, three males also were arrested after they were seen trying to get into a vehicle in the 2500 block of Magnolia Avenue. Dekailen Dean, 14; Decorrious Hines, 16; and Jacquavious Savage, 14, were all charged with attempted burglary.
Also, on September 5, Pensacola Police officers also arrested seven suspects and charged them with vehicle burglaries that occurred in North Hill in the 1200 block of North A Street, on West Lloyd Street and in the 1300 block of North Palafox Street. Charged with burglary on September 5 were: Khristian Andrews, 15; Jaylen Boyd; 14; Jamound Bruster, 15; Clifford Knight, 15; Jakar Pritchett, 17; Deandre Walker, 14; and Demetrius Wilson, 14.
“Although the majority of burglaries and attempted burglaries have occurred at night, recent burglaries and attempts have occurred during daytime hours,” said Capt. Paul Kelly, who supervises the department’s Criminal Investigations Division. “We encourage everyone to keep a sharp eye on their neighbors’ houses and vehicles, and to call us if they see anyone acting suspiciously.”
Century Gives Preliminary Approval To $4.25 Million Budget
September 15, 2015
The Town of Century gave preliminary approval to a proposed $4.25 million annual budget for 2015-2016.
The proposed budget is set for a final public hearing at 6:55 p.m. on September 21, just before the council’s regular meeting at 7 p.m. The town’s budget year begins October 1.
Florida DOC To Appeal Kosher Food Rulings
September 15, 2015
In the latest move in a long-running legal battle, the Florida Department of Corrections has given notice it will appeal rulings by a federal judge about providing kosher food to prisoners.
The department filed a notice that it will take the case to the 11th U.S. Circuit Court of Appeals in Atlanta. The notice did not provide details of the state’s arguments, but it cited orders issued in April and August by U.S. District Judge Patricia Seitz. The August rulings, in part, granted federal officials’ request to monitor kosher meals, called the “Religious Dietary Program,” through visits to prisons.
Seitz also required the Department of Corrections to file monthly reports about the use of the program with the court and the U.S. Department of Justice and to file quarterly reports about prisoners who were suspended or removed from the program.
The appeal comes after more than a decade of fighting about prisons providing kosher meals to inmates who want to follow religious diets. That includes Jewish, Muslim and Seventh-Day Adventist prisoners.
The Justice Department filed the lawsuit in 2012, with Seitz ordering in April that the Department of Corrections provide the meals.
by The News Service of Florida
Pictured: The cafeteria inside the Century Correctional Institution. NorthEscambia.com file photo, click to enlarge.
Holy Smokes Batman! Mini-Caped Crusader Has Fire Department’s Back
September 15, 2015
When Escambia Fire Rescue’s Engine 6 rolled out of Ensley to a vehicle versus house call Sunday off 10 Mile Road, they knew they had backup coming from other fire stations. But little did they know that they would have superhero backup from the Bat Cave.
Firefighters said they looked over there was the mini-Batman walking down the street with his mom. Firefighter Peter Welch and Lt. Bryan Caro took time after their call to pose for a photo with mini-Batman.
Submitted photo for NorthEscambia.com, click to enlarge.
Escambia Clerk’s Office Warns Of Jury Duty Telephone Scam
September 15, 2015
The Escambia County Clerk of the Court is reporting a telee scam that has been happening locally and across Florida.
In the scam, a person receives a telephone call informing them that they, or a close relative, did not appear for jury duty or grand jury duty. The caller then states that the individual can pay money in order to prevent the arrest of the person who supposedly failed to report for jury duty.
The Escambia County Clerk of the Court’s office said they do not make such phone calls.
Anyone that receives one of these scam calls is asked to call investigator Taylor Wells with the State Attorney’s Office at (850) 595-4261.
Proposal Would Allow Open Carrying Of Firearms
September 15, 2015
A House Republican on Monday filed a proposal that would allow people with concealed-weapons licenses to openly carry firearms.
The bill (HB 163), filed by Rep. Matt Gaetz, R-Fort Walton Beach, will be considered by lawmakers during the 2016 legislative session, which starts in January.
The bill also would make other changes in gun-related laws, including giving direction for judges to use “strict scrutiny” when reviewing laws dealing with the right to bear arms or self defense.
“The right to bear arms is a fundamental and individual right that exists in any place that a person has the right to be, subject only to exceptionally and narrowly tailored restrictions that employ the least possible restriction on the right in order to achieve a compelling government interest,” the bill says.
by The News Service of Florida
Airbus Officially Opens US Plant In Mobile
September 15, 2015
In a much-anticipated ceremony Monday in Mobile, Airbus inaugurated operations at its first ever U.S. Manufacturing Facility. The plant – which assembles the industry-leading family of A319s, A320s and A321s – is officially open for business, with a skilled team of more than 250 Airbus manufacturing employees now at work on the first U.S.-made Airbus aircraft.
“Our commercial aircraft production in Mobile signifies two things: that Airbus has become the first truly global aircraft manufacturer, and that Airbus is now also a truly American manufacturer,” said Airbus President and CEO Fabrice Brégier. “With the addition of our U.S. facility to our production network in Europe and Asia, we have strategically expanded our worldwide industrial base.”
“The Airbus U.S. Manufacturing Facility is an important step forward in Airbus’ strategy, strengthening our position as a leader and competitor in all of our key markets,” Fabrice Brégier continued. “It enables us to grow our already significant presence in America – the largest single-aisle aircraft market in the world – and to be closer to our U.S. customers and key supplier partners. At the same time, the expanded industrial capacity gives us more flexibility to increase production across Airbus to meet global demand. The U.S. facility is good news for the overall Airbus enterprise, as this greater production capacity creates global growth opportunities across the company and throughout our supply chain.”
Airbus announced plans for the $600 million U.S. Manufacturing Facility in 2012, and construction began at the Mobile Aeroplex at Brookley the following year. The first U.S.-made Airbus commercial aircraft – an A321 – is scheduled for delivery next spring. By 2018, the facility will produce between 40 and 50 single-aisle aircraft per year. Airbus’ market forecast indicates a demand over the next 20 years (from all manufacturers) for some 4,700 single-aisle aircraft in North America alone.
Fabrice Brégier and members of the new Airbus workforce in Mobile were joined at the inaugural ceremony today by Airbus Group CEO Tom Enders, Alabama Governor Robert Bentley, Senator Jeff Sessions, Congressman Bradley Byrne, and scores of other dignitaries, airline and aerospace executives, and local leaders. The industry- and community-wide event convened under the theme, “Let’s Get to Work – Together!” and culminated in the ceremonial placement of a placard on a component of the first aircraft to be produced in Mobile. The placard reads, “This aircraft proudly made in the U.S.A. by the worldwide team from Airbus.”
The establishment of the Airbus U.S. Manufacturing Facility doubles the number of manufacturers of large commercial aircraft in the United States, creating jobs, expanding skills, and establishing a new aerospace centre of competence on the U.S. Gulf Coast. In addition to the new Alabama manufacturing site, Airbus assembles commercial aircraft at modern facilities in Hamburg (Germany), Tianjin (China) and Toulouse (France).
