DUI Operation in Lee County Friday

The Florida Highway Patrol has announced they will be running a DUI operation in Lee County on Friday, May 22. The news article says checkpoint, but apparently it is a “wolfpack” operation where they do saturation patrols. Big brother is watching: don’t drink and drive. Everybody be safe the Memorial Weekend!

Man Accused of Sexual Abuse on Tape Acquitted

Richard McDade

Richard McDade

Richard McDade, of Fort Myers, whose accuser said she recorded a sexual assault, was found not guilty today by a jury. The jury is going to be really pissed when they read this, because they never got to hear the recording of the alleged incident. The case went to trial previously, and McDade was convicted when the  jury heard the surreptitious recording by the accuser. However, the Florida Supreme Court threw out the convictions, saying that the recording was illegal, and ordered a new trial. Without the recording, there was no evidence to corroborate the allegation, and McDade was acquitted.

There will not be another appeal, double jeopardy prevents him from being tried again for the offense, now that he has been acquitted. The legislature has since changed the law to allow such recordings to be introduced in future cases, though it has yet to be signed by the governor.

Man Falls Asleep While Burglarizing Sarasota Home

Timothy Bontrager

Timothy Bontrager

29-year-old Timothy Bontrager is the next in a new wave of crime, the sleeping burglar. He broke in a house, and the homeowner got up in the morning, and found him sleeping on the couch. It’s not a burglary to sleep on someone’s couch. Unfortunately Bontrager also took the victim’s wallet and some other items, so he’s facing felony charges.  This is the second publicized case of Sleep-Burgling in the last few months, both in Florida, natch.

I should clarify, it is still against the law to break into someone’s home, even if you are only going to sleep. The offense of Burglary includes the intent to commit another offense while in the home/structure/vehicle. This guys intent was pretty clear, since he walked off with the homeowner’s property!

Earlier: https://crimcourts.wordpress.com/2014/09/15/burglar-caught-sleeping-on-the-job-literally/

Dion Davis, another recent Sleep Burglar

Dion Davis, another recent Sleep Burglar

Boston Bomber Gets Death

Dzhokhar Tsarnaev Mug Shot

Dzhokhar Tsarnaev Mug Shot

The jury did not need the weekend to decide to sentence Boston Marathon Bomber Dzhokhar Tsarnaev to the death penalty. His appeals will be mandatory, but a long shot. He now faces death by lethal injection, though imposition o f sentence will take many years.

Homicide by Wedgie* Killer Pleads Guilty (*Atomic Wedgie)

Brad Davis Mug Shot

Brad Davis Mug Shot

Brad Lee Davis killed his own stepfather last year by giving him an “atomic wedgie” (that is, pulling his underwear all the way over his head). The elder man was asphyxiated by the the elastic band from the garment that ended up around his neck. Prosecutors initially sought first-degree murder charges, but reached a deal where Davis plead guilty this week to a lesser charge of first-degree manslaughter. That charge carries a four-year minimum, but prosecutors indicate they are still going to seek a 35-year sentence when the case goes before the judge for sentencing.

And this seems like the rare story that didn’t happen in Florida!

Florida Man makes it in New York (Times)

https://twitter.com/_FloridaMan

Fun story about the Florida Man Twitter feed. Nothing new to regular readers of this blog!

http://www.nytimes.com/2015/05/11/us/both-hapless-and-harebrained-florida-man-enlivens-internet.html?_r=0

LCSO May have been Using Illegal Radar Guns for 10 Years

WINK News found that the Lee County Sheriff’s Office purchased one or more batches of Python II radar detectors starting in 2004. The problem is, the Python II is not approved for use in the State of Florida. The beam projected by the radar Python II is 15 degrees, 25% wider than the 12 degree beam permissible by Florida regulations. Since it is not on the approved list, it should not be admissible in court. Sadly, who knows how many of the 50,000 speeding tickets issued by LCSO were not properly issued.