FWC Law Enforcement Report
May 11, 2014
Florida FWC Division of Law Enforcement reported the following activity during the weekend ending May 8
ESCAMBIA COUNTY
While patrolling the Escambia River, Officer Pettey checked two individuals fishing from a vessel. A fisheries inspection revealed they were in possession of 115 bream. The daily bag limit for bream is 50 per person. Notice to appear citations were issued to the individuals for the violations.
While patrolling the Perdido River Wildlife Management Area (WMA), Lieutenant Lambert observed a group of people swimming at a nearby landing. As he approached the group, he noticed one individual quickly attempt to conceal an item near their coolers. While talking to the group, Lieutenant Lambert noticed a small bag of marijuana laying in the bushes just a couple of feet away from the group’s coolers. After interviews, an additional small amount of marijuana was found on two subjects. Notice to appear citations were issued for possession of less than 20 grams of marijuana and possession of drug paraphernalia. Additionally, one of the subjects had a warrant for their arrest for custodial kidnapping. Lieutenant Lambert transported that subject to the Santa Rosa County Jail for processing.
Officer Cushing and National Oceanic and Atmospheric Administration (NOAA) Officer Demesillo were conducting federal fisheries enforcement in the Gulf of Mexico. While approaching a vessel, they observed a red snapper being thrown overboard. Once alongside the vessel, the operator of the vessel was asked if he had any fish on board. He admitted to having “fish I am not supposed to have.” The subject was issued a federal notice of violation for being in possession of red snapper during the closed season.
On a two-day event, the crew of the Fin Cat conducted offshore patrols targeting both state and federal fishery violations. During these two days, 19 vessels were inspected and approximately 80 users checked by NOAA and FWC officers. Several violations were documented and/or citations issued for possession of gray triggerfish during closed season, over the bag limit of gray triggerfish and vermillion snapper, using reef fish as bait and running a charter without a charter permit.
Officers Manning and Hoomes observed a known commercial fisherman bring a cobia he recently caught to a local restaurant. An inspection of the restaurant revealed the cobia, 46 black drum fillets, 20 pompano fillets, 2 king mackerel fillets, 15 whole pompano and two whole white trout. The owner of the restaurant could not provide documentation of where he got the fish and claimed they were given to him. The fish were seized and a notice to appear citation was issued to the restaurant owner for not having a wholesale license. The commercial fisherman admitted he received money for selling the fish and was issued a notice to appear citation for selling to an unlicensed wholesaler.
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.
Florida Standing By Lethal Injection Cocktail
May 11, 2014
A new report issued by the Constitution Project recommends that states like Florida scrap the three-drug lethal injection cocktail that resulted in a botched execution in Oklahoma last week and switch to a single drug instead.
But Gov. Rick Scott’s administration says it is sticking by the current triple-drug formula despite the drawn-out death of Oklahoma Death Row inmate Clayton Lockett, who died of a heart attack 43 minutes after the execution began on April 29.
Last year, Florida began using midazolam hydrochloride as the first of the triple-drug lethal injection protocol, instead of the previously used pentobarbital sodium. The drug, the first of three injections, renders the inmate unconscious.
Florida and Oklahoma’s lethal injection protocols are almost identical, but the quantities of the drugs are different, with Florida using 500 milligrams of midazolam while Oklahoma’s protocol calls for 100 milligrams.
Switching from three drugs to one — which eight states currently use, according to the Death Penalty Information Center — is one of more than three dozen recommendations made by the Washington, D.C.-based Constitution Project. Former Florida Supreme Court Justice Gerald Kogan is co-chair of the committee that issued the death penalty report.
The committee also recommends that states require unanimous verdicts in the sentencing phase of death penalty cases. Florida is one of only three states that do not require unanimous decisions.
The 217-page “Irreversible Error” report, in the works long before Lockett’s execution last week, addresses myriad issues surrounding capital punishment and is aimed at ensuring the death penalty is applied equally and fairly, said committee member Mark Earley, a Republican and former Virginia attorney general.
“Without substantial revisions — not only to lethal injection, but across the board — the administration of capital punishment in America is unjust, disproportionate and very likely unconstitutional,” he said.
A uniform, single-drug protocol used by all states with the death penalty could help ensure that “whatever it is you’re injecting into the person who’s being executed doesn’t constitute cruel and unusual punishment,” said Kogan, who opposes the death penalty.
Following the Oklahoma execution, President Obama ordered U.S. Attorney General Eric Holder to review the death penalty, and several other states are re-examining their lethal injection protocols.
But Scott — who signed a death warrant three days after Lockett died — is not reconsidering Florida’s lethal injection process, Department of Corrections spokeswoman Jessica Cary said.
“Carrying out the sentence of a court in a capital case is the Florida Department of Corrections’ most solemn duty, and the Department remains committed to doing everything it can to ensure a humane and dignified lethal injection process,” Cary said.
Seventeen Death Row inmates have been executed under Scott’s orders, the most of any Florida governor in recent history.
Lockett’s botched execution is the latest of a string of troubling executions throughout the country.
In 2006, Florida Gov. Jeb Bush put a temporary hold on executions in the wake of the botched death by lethal injection of Angel Diaz, who took more than 30 minutes to die after being injected with the lethal cocktail then used by corrections officials.
In 2007, the U.S. Supreme Court ruled that the three-drug protocol comprised of sodium thiopental, pancuronium bromide, and potassium chloride does not violate the constitutional protection against cruel and unusual punishment. But since then, drug shortages have forced states to use different drugs.
Florida and other states are switching their lethal injection protocols because Denmark-based manufacturer Lundbeck, which makes pentobarbital sodium, decided to refuse to sell the drug directly to corrections agencies for use in executions and ordered its distributors to also stop supplying the drug for lethal-injection purposes.
A one-drug protocol “that achieves death by an overdose of a single anesthetic or barbiturate, as opposed to the three-drug method” would “decrease the problems associated with drug administration and eliminate the risks from using paralyzing or painful chemical agents,” the report reads.
Late last year, the Florida Supreme Court unanimously ruled that the current protocol using midazolam does not violate the constitutional ban on cruel and unusual punishment.
But the drug, as well as the lethal injection protocol, is the subject of a federal lawsuit where lawyers for five Death Row inmates are challenging, among other things, the secrecy involved in where the drugs are obtained and how they are administered.
“The botched execution in Oklahoma, a state which uses the same combination of drugs as Florida, demonstrates how important it is that the courts have the opportunity to review Department of Corrections’ procedures. The manner in which the state designs and seeks to execute a prisoner should not be shrouded in secrecy. We are hopeful that the Federal District Court in Jacksonville will allow our lawsuit to proceed so that Florida’s lethal injection procedures can be subjected to judicial review in an open and public forum,” said Maria DeLiberato, an attorney representing Death Row inmate Dane Abdool.
DeLiberato filed the lawsuit with the U.S. district court in Jacksonville.
The report coupled with the Oklahoma execution especially resonate for Florida death penalty opponents because of a new law passed last year aimed at speeding up executions. The Florida Supreme Court heard oral arguments in a challenge to the “Timely Justice Act” earlier this year, but has not yet rendered a decision.
Florida and other states began using lethal injection because it was considered more humane than the electric chair, said Stephen Harper, a Florida International University law professor who teaches a course on the death penalty, runs the school’s death-penalty clinic and has represented numerous clients charged with capital crimes.
“I think what happened in Oklahoma sort of brought home the fact that the anti-death penalty advocates who were perceived as trying to impede the execution of clients, that there’s some truth in what they were saying,” he said.
An overdose of a single, anesthetic drug would be the best way to put people to death, Harper agreed.
“They go to sleep and they don’t wake up. That would seem to be the most humane way to execute the person,” he said.
Florida should “pause and figure out how best to implement its death penalty,” Harper said. “Whether it will do that or not, I don’t know. But lawyers are going to continue to challenge it.”
The recommendation that capital punishment should not be imposed in the absence of a unanimous verdict is an even bigger issue for Florida, Harper and Kogan agreed.
It is “ridiculous” that Florida does not require unanimous decisions for death penalty sentences but does require unanimous decisions regarding the guilt phase, Kogan said.
“It’s ludicrous to say you need a unanimous verdict to find somebody guilty and then after you find them guilty you don’t need a unanimous verdict to sentence them to death. I think it defies logic,” he told The News Service of Florida.
The committee also recommended doing away with another Florida practice that gives judges the power to override jury decisions regarding death penalty verdicts.
by Dara Kam, The News Service of Florida
Farm Share, Volunteers Work To Feed Flood Victims
May 11, 2014
Over 30,000 pounds of food was distributed Saturday in Cantonment to hundreds of families in need following the flooding in Escambia County.
The non-profit group Farm Share and dozens of local volunteers handed out the food items at Ransom Middle School. Those in need received food items that included pasta, breads, yogurt, cantaloupe and fresh corn.
Pictured: Volunteers load food at a Farm Share event Saturday at Ransom Middle School in Cantonment. Pictured inset: Rep. Clay Ingram helps load food into a vehicle at the event. Pictured bottom: Commissioner Steven Barry lends a hand. NorthEcambia.com photos, click to enlarge.
Wahoos Lose 2-1 To The Birmingham Barons
May 11, 2014
The Pensacola Blue Wahoos fell 2-1 in a pitcher’s duel with the Birmingham Barons on Saturday night at Regions Field to open the five-game series. With the bases loaded and two outs in the ninth inning, Chris Curley singled home Jaime Pedroza from third to break the 1-1 tie and lift the Barons over the Blue Wahoos.
Pensacola broke up Nick McCully’s no-hit bid in the sixth inning on a base hit to right field by Brodie Greene. He then stole second base and scored on a Rey Navarro single for the game’s first run. Birmingham was quick to answer in the bottom of the inning to lock the game up at 1-1.
Daniel Corcino allowed just the one run but pitched out of trouble all game. His final line was impressive with 6.0 innings worked just the 1R/ER allowed on two walks and four strikeouts. Barons starter McCully matched him over 7.0 innings giving up just the 1R/ER on only three hits with a walk and a strikeout. Neither started recorded a decision.
In the ninth inning, Fabien Williamson (L, 0-3) allowed a one-out single to Pedroza. He then went to second on an errant pickoff attempt at first base, and up to third on a wild pitch. After a strikeout, the Barons loaded the bases on an intentional walk and an unintentional walk. Williamson battled back from a 3-0 count to work it full against Curley before he singled into shallow centerfield to drive in the winning run.
Pensacola had just three hits in the game, while the Barons had 12 and left 12 on base. Nester Molina claimed the win for the Barons with a perfect ninth inning out of the bullpen.
The Blue Wahoos will continue the series on Sunday with RHP Robert Stephenson (2-3, 4.41) on the mound against RHP Chris Beck (2-5, 4.93). First pitch is set for 3:00 p.m. from Regions Field in Birmingham, Ala.
by Tommy Thrall
Flood Debris Collection Continues; Drop Off Site Opened
May 11, 2014
Flood debris collection is currently taking place in the most impacted areas in Escambia County. Residents should be aware that debris cannot be removed from private property and all debris ready for collection must be moved to the curb.
As of today, Saturday, May 10, Escambia County has opened a Residential Debris Drop-Off Site at the John R. Jones Athletic Park, 555 East Nine Mile Road. Hours of operation will be from 7 a.m. to 5 p.m., Monday through Sunday until further notice.
This debris drop-off site will only available to Escambia County residents. Businesses and commercial haulers are prohibited.
Material accepted at this drop-off site will be limited to storm generated mixed construction and demolition waste. Please do not bring household garbage, household hazardous waste or tires.
For more information, please contact the Escambia County Solid Waste Management at (850) 937-2160.
Pictured top and bottom: ECUA cleans up flood debris Saturday on Bristol Park Road and Harlington Street in Cantonment. Pictured inset: A debris collection site has opened on Nine Mile Road at the John R. Jones Athletic Park. NorthEscambia.com photos, click to enlarge.
Jay Falls In State Championship Game
May 10, 2014
The Jay Royals fell to Chiefland, 9-2, in the 1A state championship game in Vero Beach this morning.
The Lady Royals have finished as state runner-ups two of the last three years. They finished their season with a 24-4 record.
Northview FFA Names Chapter Officers
May 10, 2014
The Northview High School FFA has named chapter offers for the upcoming school year.
New officers are:
- President-Haylee Weaver
- Vice-President-Bethany Reynolds
- Secretary- Courtney Weekley
- Treasurer- Moriah MaGhan
- Reporter- Tiffani Cruce
- Sentinel- Tabitha Chavers
- Public Relations- Mitchell Singleton
- Parliamentarian- Hunter Kite
- Historian- Kaitlyn Klinatland
- Chaplain – Cody Kite
- Photographer- Tamara Barrows
The new officers will be installed during the annual Northview FFA banquet on May 16.
The Northview High School FFA has been recognized as one of the top FFA chapters in the state and nation.
Pictured top: Northview FFA officers (L-R) Mitchell Singleton, Haylee Weaver and Courtney Weekley serve breakfast during a recent event at the school. NorthEscambia.com file photos, click to enlarge.
Man Jumps From Moving Vehicle On Highway 97
May 10, 2014
One person was injured after reportedly jumping from a moving vehicle south of Walnut Hill Friday night.
The incident involved a male about 19-20 years old that was a passenger in a vehicle being driven by a 31-year old female. The two were reportedly involved in a domestic dispute when the male jumped from the car while it was traveling about 50 mph. The female returned to the scene and waived down passing vehicles for help, one of which was driven a Walnut Hill volunteer fireman responding to a nearby medical call.
The male’s injuries were not considered life threatening. He was transported to a West Florida Hospital by ambulance. His name has not been released.
The incident happened on Highway 97 just south of Tungoil Road about 10:10 p.m. An investigation by the Escambia County Sheriff’s Office is underway.
NorthEscambia.com photos, click to enlarge.
Chiropractor Sentenced For Fraud
May 10, 2014
An Escambia County chiropractor, has been sentenced after he was caught urging an undercover officer posing as a patient to exaggerate injuries in order to receive a large insurance settlement, according to Florida Chief Financial Officer Jeff Atwater.
Dr. Russell Dominick, 54, was convicted of racketeering and grand theft and sentenced to six years in prison and 10 years probation. He was the owner of the Dominick Chiropractic Clinic on Pine Forest Road, just south of I-10..
The undercover investigation began when the Department of Financial Services’ Division of Insurance Fraud received a complaint about Dr. Dominick. Patients who were subsequently interviewed about Dr. Dominick reported receiving similar advice about exaggerating injuries.
Dominick was arrested by the Escambia County Sheriff’s Office, while the Florida Department of Law Enforcement and the Department of Health assisted with the investigation. The State Attorney’s Office for the First Judicial Circuit prosecuted the case.
Orso Gets Life In 2012 Lottery Store Robbery, Murder
May 10, 2014
Michael Brad Orso, the third suspect to face trial for the November 2012 shooting death of a Davisville lottery store owner was found guilty Friday afternoon of first degree murder sentenced to life in prison.
Orso, age 28 of Atmore, was convicted for his role in the attempted robbery and killing of Thomas Kroll, the owner and operator of the O’Yes Lotto store on Highway 97 in Davisville at the Florida/Alabama line.
Witnesses at trial testified that Orso suggested the lottery store as the target for the robbery, participated in the planning of the robbery, and provided the weapon to be used in the
robbery.
Malcolm “TJ” McGhee was convicted in September 2013 for his role as the shooter and was sentenced to Life in prison. Brent Lambeth, who entered the store with McGhee, entered a plea and provided testimony in the trials of McGhee and Orso. Lambeth is currently awaiting sentencing.
NorthEscambia.com file photos.
