Fish Attack Caught on Video #florida #saltlife

This goliath grouper decided to go after a spear fisher’s catch, and didn’t care that the diver from Winter Park, FL, wasn’t about to give it up. I’m sharing it, because it reminds me of a case we covered here on Crimcourts, where a Lee County man was charged with illegally harvesting a sandbar shark. The man claimed self-defense, that the shark came at him over the fish he has speared. FWC officers said they found the diver, Steven Moriconi, cutting the shark open when they appraoched. Moroconi countered that he was helping the shark by releasing babies in its belly. Mr. Moriconi was ultimately found guilty of unlawful harvest of the shark, but this video illustrates how an aggressive fish, especially one with more teeth, could cause a diver to be afraid of death or serious bodily injury.

Federal Judge Helps Reduce a Sentence he was Forced to Impose

I’ve complained about the inequities of mandatory sentences, and the problems inherent in removing all judicial discretion from sentencing. When you impose blanket rules, you will end up with unjust results. The Federal system has already moved to roll back some of the mandatory sentences that have been imposed on drug offenses. Now, one federal judge took it upon himself to push the prosecutor’s office to drop some charges to allow a re-sentencing of an offender the judge had been forced to impose an extremely harsh sentence. Some might not have any sympathy for Francois Holloway, as he was undoubtedly guilty of the crimes, but the required stacking provisions meant he got sentences several times longer than his codefendants, and he wasn’t even the one carrying the firearm.

Mandatory sentences that eliminate discretion spawn cases like Marissa Alexander, who may be facing 60 years for firing a warning shot that harmed nobody. Very rarely to violent offenders have sympathetic stories with a chance of swaying the legislature, but hers is the rare exception that may affect positive change. There are not many judges like Judge Gleeson, who took it on his own initiative to push for a just sentence. Gleeson criticized the system further, blaming prosecutorial abuse for a “significant number of federal inmates who are serving grotesquely severe sentences.” I counter that the prosecutors are not abusing their power, merely exercising the power granted to them through harsh sentencing schemes. The legislators have told them, both on the federal level and in states like Florida, that they want harsh sentences: it’s literally mandated by law. Those draconian rules should be the ultimate focus of our concern: they merely provide the framework under which the criminal justice system operates.

Also, the buildup in lengthy incarceration is wildly expensive and taxing on our system. Ironically, crime rates have been dropping just as incarceration rates are finally coming down. Harsh sentences are probably not the most effective crime deterrent, and certainly not the most cost effective.

Elmo Shocked! Video Update on Spider-Man Arrest

Cropped and Rotated Screenshot from NY Post Video

The New York Post has posted video footage (cell-phone) of Spider-Man’s arrest and violent resisting on YouTube. You can see what preceded the video, prior to the arrest, but you can clearly see Spidey taking swings at the cops. You just can’t do that. He’s been charged with Assault on an Officer, and I’m not familiar with the intricacies of New York law, but the equivalent “Battery on LEO” charge in would be a felony that he could expect to see incarceration for, as is the additional charge of Resisting with Violence.

See Elmo’s Reaction, upper left, from NY Post video

The most amazing part of the video is the look on the face of Elmo in the back ground. Elmo is flabbergasted by this violent turn of events, a surprise in itself, given Elmo’s run-ins with the law.

Learn Spidey’s lesson, do not swing at cops. Florida law, and probably most states, do not permit violently resisting law enforcement officers.

NY Post video: https://www.youtube.com/watch?v=tYjl4apz3EA

Spider-Man Arrested In New York

The Daily Bugle must have a great headline. Spider-Man was arrested for resisting arrest, criminal mischief, disorderly conduct, and assault on a law enforcement officer. Spider-Man hasn’t had enough super villains of late, because he was hanging around Time Square, posing for photographs with tourists when he scolded a woman for only giving him a dollar. A cop accosted Spidey, saying he can only ask for tips, not demand money. Spidey wasn’t having it. Our webslinging friend went off yelling at the cop. The cop then told him he was being arrested, and Spidey punched the cop in the face.

Spider-Man sure gets around: we saw him a few months back  posing for pictures in Key West. I have to say he was polite with us, and we only gave him a few bucks. No photos of the incident have come forward yet, for some reason photog Peter Parker has not answered his phone since the arrest.

It’s a shameful day for all superheroes. Worst of all, it justifies the anger directed at Spidey from J. Jonah Jameson for all these years!

Another Big Drug Bust in Lee County

LCSO and Sheriff Mike Scott are clearly making an ongoing, concerted effort to crack down on drug dealing. The latest busts were from an ongoing sting operation in Bonita Springs.

If you are accused of a crime, exercise your rights. Talk to an attorney right away!

spencercordell@hotmail.com

crimcourts : A Criminal Law Blog

Criminal Law Attorney Spencer Cordell
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Video of the Naked Hamburglers

Authorities have released the surveillance video of the naked men who broke into Doc’s Beach House and stole dozens of burgers and other things. Crimestoppers is looking for tips to help catch the Hamburglars.

Screen Captures of the Naked Hamburger Thieves

Video on news-press.com: http://www.news-press.com/story/news/crime/2014/07/23/bonita-beach-burglars-take-the-beef-leave-their-briefs/13040241/

 

Man Runs HIMSELF Over During Road Rage

Yes, that headline could also only happen in Florida.

Joseph Carl Mug Shot

Joseph Howard Carl (Three first names!) of Gainesville got mad at another drive, got out of his car and started banging on the man’s window. That driver drove off, and Carl’s own vehicle was not in park and rolled over him. I don’t think you are allowed to get mad at another driver when you can’t handle your own vehicle. To top it of, Carl’s driver’s license had been suspended over 20 years ago: he should not have been driving at all.

Carl refused medical attention, but smelled of alcohol, and was arrested for DUI. Cops found High Life cans in the vehicle, and Carl was later transported to the hospital for treatment for a broken foot, and found to have a .22 blood alcohol level.

Yup, Now We’ve Got Naked Burglars (photos)

Naked Hamburger Thieves

These guys hit Doc’s Beach House, a personal favorite of Crimcourts. And they hit it in their skivvies… or less. The guys are fit, the GM at Doc’s joked that a couple of her waitresses wouldn’t mind if the guys came back!

Apparently they stole 60 burgers, plus some peppers, 3 pounds of bacon, and a paddleboard. They left a little trail of red peppers as they ran away, leading to a bathhouse.

That’s just silliness… everybody knows how Hamburglars dress…

Hamburglar- Still Wanted

Chokehold Death Case Report Leaves out the Chokehold

NYPD and a couple of officers are taking a lot of heat over a video in which an unarmed man is choked to death by officers. The police report written directly after the death of Eric Garner makes no mention that a chokehold was used, perhaps because their use had been banned by the department decades ago. It’s poor policework that leaves significant details out of reports, and it’s all too common. Police reports are frequently persuasion pieces, written to justify an arrest or other action, instead of simply informative recitations.

This struck a chord with me, as I just noted the fact that in the recent Cape Coral situation in which the defendants family has alleged excessive force; officers neglected to mention they had broken the suspects leg. Travis Robey’s father alleges that not only was the leg broken, but that he was beaten after being subdued, and that officers then made him walk on the broken leg. Officers summarized, simply, that he was checked at the hospital and medically cleared before being taken to jail. Written that way, without knowing the details, it sounds like they may just have had him checked for alcohol poisoning before they put him in a cell. Yada yada yada the medical treatment he receive due to the force employed by officers. Before the validity of the force can be analyzed, the true extent of the force must be disclosed.