Animal Abandonment Charges Dropped Against Former Century Fireman
June 23, 2011
Charges against a former Century fireman accused of abandoning three dogs have been dropped after he successfully completed a pretrial diversion program.
Dustin Ryan Burkett, 29, was charged with three misdemeanor counts of abandonment of animals and obstruction of justice after allegedly abandoning three dogs that were reported to be rescued by the Century Station of Escambia Fire Rescue in August 2010.
The Century Station of Escambia-Rescue responded to a reported motor vehicle accident on Sunday, August 22, 2010, on North Century Boulevard just south of Tedder Road. They discovered that there was no accident; rather, a motorist had stopped after seeing the three dogs nearly in the road. Both the fire department and the Sheriff’s Office requested that Escambia County Animal Control respond, but the agency refused stating that it did not meet their call-out criteria.
Rather than leave the dogs beside the road, they were taken back to the Century firehouse as firefighters worked to determine what to do with the canines. According to the Escambia County Sheriff’s Office incident report, the Burkett told his follow firefighters to, “Put them in my truck. I have a pen at my house”.
A Century Volunteer Fire Department officer emailed NorthEscambia.com that night, providing photographs of the dogs and asking for help in find the dogs’ owner. NorthEscambia.com published that story Monday, August 23.
After the article was published on NorthEscambia.com, the dogs’ owner contacted the fire department. According to the ECSO, the owner confronted Burkett at the Century fire station the next evening and asked the whereabouts of his dogs. Burkett according to the incident report, “refused to respond and acted like he didn’t know what (the victim) was talking about”.
The dogs’ owner then went to the Burkett’s residence on Highway 4A and spoke with the suspect’s father. The father was helpful but said that he did not see the dogs or know where his son had put them, the victim told deputies.
Burkett told a fire department officer that he had found a good home for the dogs in Walnut Hill, and the officer contacted NorthEscambia.com with the information. Based on that information from the fire department, a followup story was published by NorthEscambia.com on Thursday, August 26, reporting that a home had been found for the dogs.
Deputies met with both Burkett and his father. Burkett told deputies, according to their report, that he had given the dogs to a man he met. He told a deputy that he did not know how to contact the man and that the deputy should call his friend. The friend told the deputy by phone that “he did not want to be involved and that he was not going to tell a lie to keep (the suspect) out of trouble”. He said that Burkett contacted him Sunday night and “asked him to cover for him if asked the whereabouts of the missing dogs”. The friend told the deputy that Burkett told him that he took the dogs and dropped them off at the intersection of North Pine Barren Road and Highway 168.
When contacted by phone, the deputy said Burkett admitted to putting the dogs out of his vehicle on Pine Barren Road on Wednesday. About 30 minutes later, Burkett called the suspect again to advise him that he was going to face charges over the dogs. “He advised me that he didn’t kill them or sell them and that he put them out on Sunday,” Deputy David Bashore wrote in his report.
The dogs were found a few days later on Highway 4, not far from Northview High School. They were determined to be in good condition by a veterinarian and returned the owner.
Burkett was subsequently suspended from Escambia Fire Rescue.
In March 2011, Burkett entered into a plea agreement in an unrelated case on one count of child abuse, and the state dropped a charge of lewd and lascivious battery on a victim 12 to 15 years of age.
Burkett was arrested in September, 2010, in connection with a 2009 incident in which a 15-year old girl told deputies she had intercourse with Burkett at Lake Stone Campground in Century. The encounter, the victim told deputies, took place on or about March 28, 2009.
According to the State Attorney’s Office, Burkett was sentenced to five years probation on a felony child abuse charge. He was not be required to register as a sex offender, but he was required to attend counseling, the State Attorney’s Office said.
Pictured top: Former Century firefighter Dustin Ryan Burkett. Pictured top inset: These cellphone photos show three dogs found the evening of August 22 on North Century Boulevard just south of Tedder Road. The firefighter partially in the photograph is not suspected of any wrongdoing. Photos for NorthEscambia.com, click to enlarge.
U.S. Marshals Bust Sexual Battery Suspect At Nine Mile Rd. Restaurant
June 23, 2011
A wanted sexual battery suspect was arrested at a Nine Mile Road restaurant Wednesday afternoon by a U.S. Marshals Task Force.
The U.S. Marshals Florida Regional Fugitive Task Force arrested 25-year old Daniel Brooks, wanted by the Escambia County Sheriff’s Office for sexual battery by physical force.
On June 4, Brooks allegedly became enraged when his wife denied his sexual advances and used force to sexually assault her. He was arrested at Chili’s on Nine Mile Road and booked into the Escambia County Jail without bond.
Cantonment Teen, 16, Gets 36 Months In Shooting Of West Florida Student
June 23, 2011
A Cantonment teen has been sentenced to up to 36 months for the February shooting death of a West Florida High School student also from Cantonment.
Nicolas Anthoni Diaz, 16, will serve his sentence in a high-risk juvenile facility on a manslaughter charge for the shooting death of Ryan Edward Flaherty, 17. After his release, he will be on probation until his 21st birthday.
Flaherty had been at a Pensacola home with several friends on February 27 when Diaz shot him in the head with a handgun, the Sheriff’s Office said. He later died at a Pensacola hospital.
Investigators believe Diaz was under the influence of alcohol when he began to handle a handgun found in the house. The gun discharged as Diaz pointed it at Flaherty; the bullet struck Flaherty in the head.
Flaherty was a student at West Florida Tech High School Multi-Media Academy and a member of the varsity soccer team.
Arrests Made In Robbery, Stabbing In Atmore
June 23, 2011
Arrests have been made in an Atmore convenience store robbery and an unrelated stabbing.
Robbery Suspected Arrested
An Atmore man is charged with the early morning robbery of a convenience store.
The Atmore Police Department responded to a panic alarm at the Kangaroo Express on North Main Street about 4:09 Monday morning. The clerk, who was not injured, said she was robbed by a black male wearing a hoodie and armed with a handgun. The suspect fled on foot toward Brooks Lane. A K-9 tracking team from the Alabama Department of Corrections was unsuccessful in locating the suspect.
After Tracy Devon Owens, 40, was later arrested on a unrelated charges, investigators determined he was responsible for the convenience store holdup. He was booked into the Escambia County Detention Center in Brewton on charges of first degree robbery and being a felon in possession of a firearm.
Stabbing Suspect Arrested
An Atmore man was arrested this week on charges related to a stabbing a week ago.
Maurice White, 39, is charged with stabbing Bruno Marshall, 41, on Ann Street on Friday, June 17. Marshall was found lying on the ground with multiple stab wounds to his chest. He was transported by ambulance to Atmore Community Hospital and later transported to the USA Medical Center in Mobile by LifeFlight.
Witnesses said White ran toward Marshall’s vehicle and the two got into a fight. White then, according to witnesses, pulled out a knife and stabbed Marshall several times before fleeing on foot.
Tax Breaks For Water Management Districts In Florida, But Not Locally
June 23, 2011
Floridians that live in four of five water management districts will see a property tax decrease, but not Panhandle residents in the Northwest Florida Water Management District.
The annual relatively small amount accessed on the property tax bills of Escambia and Santa Rosa counties will remain the same.
Governor Rick Scott signed legislation Wednesday that will save homeowners and businesses throughout Florida $210.5 million on property taxes due in 2012. Senate Bill 2142 caps the taxes Florida’s five water management districts can assess on residential and commercial properties.
That cap meant decreases of 8 to 36 percent for residents in the other four water management districts:
- Southwest Florida Water Management District — 36% reduction
- South Florida Water Management District — 30% reduction
- St. Johns Water Management District — 26% reduction
- Suwannee River Water Management District — 8% reduction
- Northwest Florida Water Management District — No increase
In addition, citizens will have more access to information about each water management district’s budget. Each district is required to provide a monthly financial statement to its governing board and make the information available to the public on the district’s website.
Redistricting Meeting Raises Concerns Between Urban, Rural
June 23, 2011
The separation between rural and urban was the center of discussion about redistricting Florida at a meeting in Pensacola.
Population shifts and growth have forced Florida to redraw district lines — the boundaries that divide equitable population areas between lawmakers .
Florida’s westernmost counties, including Escambia and Santa Rosa are currently divided with Senate and House districts representing the coastal and city populations and different districts for the northern, more rural areas.
The rural-urban division was clearly a battle line at a redistricting meeting held at WSRE in Pensacola.
“If the districts are put together we will lose our voice,” Brett Ward of Walnut Hill said, representing the Florida Farm Bureau. “Let us keep the district where the rural area is represented.”
Other speakers said that with a division, counties like Escambia and Santa Rosa lose fair representation.
At issue at a redistricting meeting in Tallahassee was the decision by legislative leaders to hold the public meetings before releasing proposed maps — something that citizens and activists attending the meeting said put them at a disadvantage when it came to trying to figure out what lawmakers might be thinking as they craft new districts for the state House, state Senate and U.S. Congress.
Rep. Will Weatherford, a Wesley Chapel Republican slated to become House speaker in late 2012, and Sen. Don Gaetz, a Niceville Republican scheduled to be his Senate counterpart, said no vote would be taken on a proposed map before a public hearing was held on the plan.
Weatherford also said the House and Senate would adopt a joint rule requiring a map to be made public for at least three days before a vote, and any amendments would be required to remain on the desks for two days.
“There’s going to be plenty of time for politicians to give their opinions, plenty of time for politicians to draw maps,” Weatherford said. “Now is the time for the people to have their say. We want the citizens of Florida to be dictating what these maps look like, not politicians.”
Gaetz largely brushed off the complaints.
“If I have to choose between a criticism of politicians didn’t get enough chances to speak enough or voters didn’t get enough chances to be heard, I’ll take the criticism that you just articulated every day and twice on Sunday,” he said.
Others complained that a redistricting process that might not produce maps until late winter or early spring, and then begin winding through the courts, could make it harder for voters — and potential challengers — to figure out which district they were in and set up an organization.
Deirdre Macnab, president of the League of Women Voters, said the timeline could create “chaos and confusion” ahead of the 2012 elections.
“Florida deserves elections where the people have time to understand their choices,” she said. “This timeline benefits only incumbents and is likely to diminish competitive elections and certainly the time our voters need to consider their choices.”
Marty Monroe, a former civics teacher, said the schedule “looks like an incumbent protection plan here.”
“I want you to stop the delays, I want you to stop the stalling, and I want you to get to work,” she said.
Weatherford and Gaetz responded that Florida often goes later in the process, and that nothing precluded lawmakers from voting on a plan shortly after the 2012 session convenes in January — two months earlier than usual.
Brandon Larrabee, The News Service of Florida, contributed to this report.
Students Attend State FFA Convention, Receive Awards
June 23, 2011
The Northview High, Tate High and Ernest Ward Middle FFA chapters attended the 83rd Florida FFA State Convention and Leadership Conference last week in Orlando.
Nearly 4,000 members and guests were challenged at the event to move forward with a sense of pride for agriculture, service to their community, and leadership for the FFA organization.
Students attending from Northview High School were: Courtney Solari, Stpehaine Solari, Brittany Thompson, Devin Bell, Dillian Crutchfield, Layne Purvis, Allyson Bullard, Jessica Baldwin, Allie Vidak and Lydia Weaver.
Students attending from Ernest Ward Middle School were: Haley Brown, Bethany Reynolds, Haylee Weaver, Allison Woodfin and Miranda Vidak.
Three North Escambia students received the coveted State FFA Degree, the highest honor bestowed on any regular member of the Florida FFA. Recipients were Stephanie Solari and Allie Vidak from Northview High, and Emily Higdon from Tate High.
Four Florida FFA members were announced as finalists in the Agri-Entrepreneurship Education Program, which is designed to increase the amount of entrepreneurship being taught in local agriculture programs across the country. The Agri-Entrepreneurship Award honors FFA members who have recognized a market opportunity that was overlooked by others and conceived a plan to pursue that opportunity. Honored from Northview High school were Charles Rolin and Allie Vidak.
The Northview High School FFA was one of five 2011 Chapter Cooperative Award finalists. The award measures how active a chapter has been in cooperating with other organizations and agencies within their community, along with teaching cooperative business principals.
Northview High was also honored as a one of Florida’s Premier FFA Chapters. The award recognizes superior achievement by chapters in both agricultural education and the FFA. To be eligible for this award, a chapter must be proficient in several areas which include alumni and community partnerships, financial planning and public relations, along with recruitment and other FFA activities.
Pictured top: Members of the Northview High School FFA. Pictured inset: Allie Vidak and Stephanie Solari received their State FFA Degrees. Pictured below: Members of the Ernest Ward Middle School FFA. Submitted photos for NorthEscambia.com, click to enlarge.
Jay VFD Says IRS Problem Led To Tax Exempt Status Revocation
June 23, 2011
Jay Volunteer Fire Department Chief Tony Simmons was surprised reading the news to find that his department has lost their tax exempt status.
He was working an overnight shift recently and visited NorthEscambia.com about 4 a.m. where he learned that the Jay VFD was on a tax exempt status revocation list issued by the IRS.
“We did not receive a notice, a letter or anything from the IRS,” he said. “I did not know about it until I read it in the news.”
The Internal Revenue Service revoked the tax exempt status of over 250 organizations in the North Escambia area because they did not file legally required annual reports for three consecutive years — but that’s not the case for the Jay VFD, Simmons said.
Simmons said that the fire department’s accountant can prove that she filed the necessary paperwork with the IRS.
“Everything was done and filed out and filed on time,” he said. “We called the IRS, and it looks like everything was filed on their end. We are not sure what happened.”
While the fire department and their accountant work to sort out the apparent IRS mistake, the Jay Volunteer Fire Department is not currently tax exempt, according to the IRS.
“The only thing right now that really effects is donations,” the fire chief said, because donations are only exempt when made to a non-profit recognized by the IRS. He said the department’s purchases are made through a state sales tax exemption, meaning the department is not back to paying sales tax.
In the meantime, the department’s accountant is working with the IRS to have their tax exempt status reinstated retroactively to the date it was revoked.
“We are going to get this straightened out,” Simmons said. “We did everything we were suppose to do.”
For a previous NorthEscambia.com story with a complete list of all of the North Escambia area organizations that had their tax exempt status revoked, click here.
Congress passed the Pension Protection Act (PPA) in 2006, requiring most tax-exempt organizations to file an annual information return or notice with the IRS. For small organizations, the law imposed a filing requirement for the first time in 2007. In addition, the law automatically revokes the tax-exempt status of any organization that does not file required returns or notices for three consecutive years.
AT&T Copper Thefts Foiled, Four Arrested
June 23, 2011
Four Crestview thieves have been arrested while attempting to steal copper from an Escambia County business.
A Florida Department of Environmental Protection officer was working security at an AT&T facility on Pine Forest Road early Wednesday morning when he observed an attempted copper theft in progress and called the Escambia County Sheriff’s Office. As deputies arrived, they found Hope Dutzman, 20, of Crestview waiting in a vehicle just outside the facility. Inside the facility, they found Marleon Binford, 21, also of Crestview, wearing a black mask over his head. Deputies gave Binford commands to stop, but he jumped a fence and fled.
While deputies waited for a K9 Officer to respond, Binford came back to the scene of the crime claiming that he was only there to pick up his mother’s car. Binford told the deputies on scene that a friend of his in Crestview heard his Mother’s car described over a police scanner and then drove him to Pensacola to retrieve the car. Later, Binford confessed to driving from Crestview with his girlfriend (Dutzman) to steal the copper. Binford told investigators that he heard about the AT&T facility from a friend in Crestview and decided that he would come to Pensacola and take some of the copper because of how easy it was. Binford and Dutzman were both charged with grand theft and burglary.
But deputies said Binford was unaware of the fate of two other individuals from Crestview who also attempted to steal copper from the AT&T facility just a few nights before.
Early last Saturday, Escambia Deputies responded to the same AT&T facility on Pine Forest Road for a possible burglary in progress. Upon arrival, the officers found a DEP Officer with two suspects in custody. The DEP Officer was also working a side job for AT&T when he observed two individuals climb into a bin on the property that contained a large amount of recovered copper wire. The suspects were unaware that anyone was watching them, but as they cut a hole in the fence surrounding the facility, the DEP Officer made his presence known to the suspects and detained them until Escambia County Sheriff’s Deputies arrived.
The suspects, Stephen Chambers, 36, and John Steller, 33, both from Crestview, were taken into custody and booked into the Escambia County Jail under charges of Burglary of a Business, Grand Theft, and Criminal Mischief.
Federal Judge: Florida Death Sentences Are Unconstitutional
June 23, 2011
A federal judge in Miami has ruled that Florida’s process for sentencing convicted murderers to death is unconstitutional because jurors do not have to disclose why they decided to recommend capital punishment.
The decision, in a 1991 murder-for-hire case in Vero Beach, would grant Paul Evans a new sentencing hearing. It’s impact on the state’s death penalty law going forward is unclear, though a spokeswoman for Attorney General Pam Bondi said it would not immediately affect the death sentencing process.
Judge Jose Martinez ruled that Florida’s system violates Ring v. Arizona, a U.S. Supreme Court case requiring any fact that changes a defendant’s sentence to be decided by a jury. In Florida, juries recommend a sentence to the judge, who then weighs aggravating and mitigating factors before ultimately deciding a penalty. The jury voted 9-3 to recommend the death penalty for Evans.
But because the jury was presented with two aggravating factors and isn’t required to report its factual findings, Martinez wrote, it’s possible that five jurors could have recommended the death penalty for one reason and four for another.
“Although the Court concedes that unanimity may not be required, it cannot be that Mr. Evans’s death sentence is constitutional when there is no evidence to suggest that even a simple majority found the existence of any one aggravating circumstance. … The Court’s interpretation of Ring is such that, at the very minimum, the defendant is entitled to a jury’s majority fact finding of the existence of an aggravating factor; not simply a majority of jurors finding the existence of any unspecified combination of aggravating factors upon which the judge may or may not base the death sentence,” Martinez wrote.
Martinez also wrote that the Florida Supreme Court misinterpreted when Evans’ sentence was finalized and so made a mistake in determining whether Ring applied to Evans’ case.
Death-penalty opponents hailed the decision.
“This is yet another sign of the systemic injustices that make up Florida’s death penalty system — which is already plagued by wrongful convictions, racial inequities, the highest rate of exonerations and inadequate legal representation,” American Civil Liberties Union Florida Executive Director Howard Simon said. “As the foundation of Florida’s death penalty system continues to crumble, it becomes harder to justify.”
Attorney General Pam Bondi’s office said she intended to ask for the case to be heard again.
“The Attorney General’s Office believes that the ruling is contrary to relevant decisions by the Florida Supreme Court, Eleventh Circuit Court of Appeals and the United State Supreme Court as it applies to the imposition of the death penalty in this particular case,” spokesman Jennifer Krell Davis said. “There is no immediate impact on death sentencing in Florida as a result of this ruling as the appeals process is not complete.”
Senate Criminal Justice Committee Chairman Greg Evers, R-Baker, said lawmakers would likely consider the impact of the decision during the coming legislative session.
“I am definitely sure that we will be looking at it,” Evers said.
By Brandon Larrabee
The News Service of Florida