State Plans to seek Death Penalty in Diana Alvarez Case

jorge guerrero torres

Jorge Guerrero Torres

The state has announced its intention to seek the death penalty against Jorge Guerrero Torres, who was indicted about a week or so ago for first degree murder in the kidnapping death of nine-year-old Diana Alvarez. Authorities located Guerrero’s phone with incriminating pornographic pictures involving the girl. He has been convicted in Federal court and sentenced to 60 years for child pornography. When he was in jail, he allegedly made incriminating statements that he killed Alvarez and hid her body, leading to the murder charges he now faces. The notice is the next step, after the grand jury indictment for first degree murder, to seek the death penalty, which has been reinstated in Florida.

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Florida Man Hides Legless Fugitive Girlfriend in Plastic Tote

kystle lee anderson

Krystle Anerson

Krystle Lee Anderson lost her legs after she used a BB gun to hold some people hostage, resulting in a shootout with law enforcement that caused her disability. That didn’t keep her from getting into trouble, as she failed to appear in court on the armed kidnapping and assault charges that stemmed from her Burger King shootout in 2015. Law enforcement got a tip that she was hiding at the Winter Haven home of her boyfriend, John Carr Jr.

john robert carr jr

John Robert Carr Jr.

When marshals arrived at his home, Carr claimed that she wasn’t in the home, but one of the officers knew better: he saw Carr through the window as he stuffed Anderson into a plastic storage container. Officers located her and took her into custody. Carr was also charged with resisting arrest/obstruction of justice. Florida doesn’t have a specific law against harboring a fugitive, but he could be charged as an accessory after the fact, which would be a felony. Anderson faces life in prison for her charges.

Don’t Obscure your License Plates!

tagAn appellate court decision came down this week that ruled that none of the lettering on your car tag can be obscured, even the “myflorida.com”. This appears to be a more strict interpretation of the law than had previously been enforced, due to language changes in the statute, and probably means that most license plate frames will be in violation. It’s not a defense if the dealer put it on there! Nor is it a defense for your tint being too dark if the dealer does it… These little nuisance violations can give the cops probable cause to stop you, even if you’re driving fine, and can result in expensive tickets!

via NBC-2

95-Year-Old Granny Arrested – Cops Didn’t Know Better

Hattie Reynolds mugshot

Hattie Reynolds

Little Hattie Reynolds is a 95-year-old great grandmother living in Daytona Beach, Florida. One of her grandchildren was being lazy and wouldn’t get out of bed, so she called the police, on the non-emergency line, for assistance. She had no idea she’d be going to jail.

When officers showed up, they investigated and learned that during the dispute, Ms. Reynolds had slapped her 46-year-old granddaughter, who refused to get out of bed and starting screaming and yelling obscenities at Ms. Reynolds. Unfortunately, Ms. Reynolds slapped her with the slipper she had been wearing. When she told this to the cops, she was placed under arrest and charged with domestic battery. She spent a night in jail until she could see a judge, who released her on her own recognizance.

Cops tend to think that when there is probable cause for an act of domestic violence, that they must make an arrest. I suspect that’s what they are taught during training. However, the Florida Statutes give them the discretion not to make an arrest… they just have to file a written explanation why they didn’t make an arrest in their report. The chief of Daytona Beach Police even told the press that officers don’t have discretion… and he’s flat wrong. Officers are permitted to make an arrest, but do not have to make an arrest. This clearly sounds like it would have been a good opportunity for the exercise of that discretion.

 

What’s going on in the To Make a Murderer Cases

Steven Avery, whose case was documented on “Making a Murderer” had filed a motion for new trial, alleging new evidence that would support granting him a new trial. The trial court denied the motion without a hearing, indicating that Avery’s attorney Katherine Zellner, had not met the legal standard for that type of motion in Wisconsin. Currently, that ruling is being appealed, but it’s fairly early in the appellate process: Zellner has not filed her brief yet.

Brendan Dassey, the young cousin of Avery, is still fighting to get his verdict overturned. He had gone through the State appeals process, when he then got a positive ruling from a Federal judge, finding his confession was illegally obtained and dismissing the trial result. However, a Federal Appellate court overturned that ruling, reinstating his conviction. He is now petitioning to the U.S. Supreme Court. The SCOTUS only takes a relatively few cases each year, and Wisconsin will likely be filing a brief arguing that there is no issue that needs to be addressed by SCOTUS. If the Supreme Court does not hear the case, Dassey could end up filing for a new trial as Avery has done.

Maryland Deputy Shoots Groundhog

“This is not happening right now.”

gopher

A Maryland Deputy had a standoff in the road with an angry groundhog: the officer tries to scare the rodent out of the roadway, and the groundhog responds aggressively. I’m not kidding… the groundhog actually charged at him. The deputy then shoots the groundhog, and then shoots him a second time to finish him off before the video concludes.

The video is shocking, and while it immediately look like an improper use of force, the reality is that the deputy does not know if that groundhog is rabid or otherwise dangerous, and he does not have to wait to find out, under the law. It almost certainly could have been handled differently, but this is facially a justified use of force case. On a gopher.

Here’s the video: it is graphic:

Sounds like this deputy was trained by Chief Sandy McFiddish:

Can’t help but think of the old South Park “It’s coming right for us!” I’ve said it before, good work, Jimbo!

Jimbo

Uncle Jimbo – Fighting Off the Dangerous Animals

Of course, Bull Murray advanced his career killing groundhogs:

Kansas Man Arrested for Sex with Car

tailpipeFriday Fun on a Monday!

Newton (Kansas) police responded to reports of a naked man underneath a car. When they arrived, they say the man was trying to, ahem, stick his penis in the tailpipe of the vehicle. Police have requested charges for a lewd and lascivious act. The man was drunk, and probably on something else, and had to be tasered when he refused to stop having sex with the car.

SNL’s Colin Jost nailed it: “The sex was described as… exhausting.”

You could say it was… shocking.

I should point out that this case has the requisite lasciviousness likely to proceed criminal that do not appear to be there for the serial pooper we covered last week, or the vagrant pooper our police chief collared a while back.

And hey, two stories in a row that didn’t happen in Florida! #onlyinkansas #fridayfun : on Monday