Monthly Archives: January 2014

Don’t Play with your Winkie at McDonald’s

Mr. Burns, he is not

Mr. Burns, he is not

An elderly local man was arrested for allegedly masturbating in a Bonita Springs McDonald’s parking lot. To add to the weirdness, he claims he was homeless, but was sitting in a Mercedes, looking at porn on a small laptop. He told the cops they were invading his privacy. Mr. Toner, you do not have an expectation of privacy sitting in a car in a public parking lot waving your willie for anyone to see.

High season continues the elderly menace in Southwest Florida #swfl

What Did Bieber Blow?

Justin Bieber Mug Shot

Justin Bieber Mug Shot

Pop star Justin Bieber was arrested in Miami the other day and charged with DUI, Resisting an Officer, and Driving on an Expired License. These are all criminal charges in Florida, albeit misdemeanors. There was evidence of racing, which is also a criminal charge, though he has not been charged with racing at this time. Racing charges are notoriously hard to prove. Gawker has obtained the police report, and you can read it online (warning, lots of F-bombs).

Possibly Bieber's Expired DL, unverified

Possibly Bieber’s Expired DL, unverified

Something that jumped out on the police report is that the officer indicates he asked Bieber to submit to a breath test, and that Bieber agreed to do so. However, he did not include the results of the breath test on the probable cause affidavit obtained by Gawker. That’s odd. It’s not required to be in there, but you’d think if he had an unlawful breath alcohol level, that the officer would want to include that. Bieber then apparently submitted to a drug screen, which generally doesn’t reveal results until it comes back from the lab (if they had done merely a presumptive field test, it would not be admissible in court in Florida). I want to know what Bieber blew on the breathalyzer test: this DUI may not be going anywhere. The resisting is kind of thin, especially since the DUI arrest is pretty thin. The officer did not do field sobriety exercises until AFTER he had charged Bieber.

There has been some debate whether Bieber would be deported if, which is unlikely, even if convicted. However, deportation could become a problem if he is charged and convicted with a felony for the criminal mischief/vandalism charge he has been investigated for in California. That sounds silly: his neighbor’s house was egged. But the neighbor is claiming thousands of dollars in damage, which could make it a serious charge.

Normally, I follow these things, but it’s Bieber, and it’s silly, so I’m not going to make that promise this time.

UPDATE: MTV is reporting Bieber only blew .011 and .014, below the legal limit for DUI. Note, Florida has an administrave policy requiring a driving suspension for those under 21 if they have BAC (Breath Alcohol Content) greater than .02, which Bieber did not. Unless there is something on the drug screen, the state will probably not file on the DUI charge.

No Charges in LCSO Shooting

Last June, Lee deputy Chris Meyer shot a woman during a service call. He was cleared today by the State Attorney’s Office, who found that he acted legally in defense of himself or others. The testimony convinced the prosecutors that Deputy Meyer was justified, in that Donna Weaver threatened deputies with a firearm, and refused to cooperate with orders to stand down.

Eric Rivera Sentenced to 57.5 Years for Sean Taylor Murder

Mr. Rivera was sentenced to just short of 60 years for his conviction and involvement in the murder of Sean Taylor. It’s a lot of time, but it’s less than the life sentence he was facing. It is one of the longest “term of years” I have seen someone sentenced to in Florida, that is, short of a life sentence. Mr. Rivera will have to serve at least 85% of the sentence before any possibility of release. Since he is a relatively young man, he has the prospect of being released during his lifetime.

Eric Rivera's Mug Shot

Eric Rivera’s Mug Shot

The trial itself will be appealed, and having followed the case, I think there are some interesting issues that could cause the verdict to be overturned. One major issue is that the judge refused to allow the defense expert to testify about his opinions that the confession was not voluntary. I suspect the appellate court will have concerns about the Defendant not being allowed to present key evidence of his defense to the jury. Crimcourts will continue to follow the case.

Eric Rivera to be Sentenced for Sean Taylor Murder

 

Eric Rivera's Mug Shot

Eric Rivera’s Mug Shot

Eric Rivera faces life in prison when he is sentenced today. He was convicted in the home invasion that led to the killing of NFL star Sean Taylor. He was not found guilty of 1st degree murder, which would have mandated a life sentence, but still could face life.

Josh Brent Guilty of DUI Manslaughter

Former Dallas Cowboy Josh Brent was found guilty for intoxication manslaughter for the crash that killed his teammate and friend Jerry Brown. Brent was twice the legal limit. He faces up to 20 years in prison for the conviction.

More on the Ashley Toye Sentence Being Overturned

 

Ashley Toye

Ashley Toye mug shot

NBC-2 has posted a story with some more details tonight, as does the News-Press. 

You can read the appellate opinion yourself on the 2nd DCA website. The court essentially said the other rulings about juvenile sentencing should apply retroactively, which means Toye is entitled to a resentencing hearing. It doesn’t mean she will be getting out of prison any time soon, but it likely means her life sentence will be reduced.