Category Archives: Florida

Spate of Burrito Attacks in, Where Else, Florida

peter elacqua

Peter Elacqua

Just a few days before Valentine’s Day, Peter Elacqua of Port Richey was arrested for striking his girlfriend with a burrito. They got in an argument, and while in the bedroom, he pushed her into

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Elacqua in 2017

a chair and threw his burrito at her. He fled before cops arrived, and she still had bits of burrito on her when the cops arrived. They tracked down Elacqua a few days later, and arrested him and charged him with domestic battery. Elacqua has an extensive arrest history, including the mug shot at right. Apparently, his being Ninja hasn’t kept him out of jail.

victor fosser

Victor Fosser

This was the second burrito attack in as many months. In January, Victor Fosser of Parrish, Florida, was charged with domestic battery for smashing a burrito in his wife’s face during an argument over a family issue. It is a crime to touch or strike anyone against their will, and that includes food. It’s at least the third burrito battery we’ve covered at Crimcourts… it’s getting to the point where Mexican food attacks are becoming commonplace. Still illegal, though.

Watch out for this Femme Fatale

mayira okheda-garsia

Mayira Okheda-Garsia

Mayira Okheda-Garsia may not look the part, but this femme fatale has been charged with masterminding an armed robbery plot against her ex-boyfriend. The victim said that Okheda and three masked, armed men busted through his sliding glass door and robbed him at gunpoint. He said the men were wearing bandannas and held him at gunpoint while they took his gold jewelry. His roommate came in, and all four offenders fled in a Toyota Camry.

devante sparks

Davante Sparks

Deputies located the Camry, which took off. After a chase, the vehicle stopped and the occupants fled, though the driver was caught. Deputies called in aviation and K-9 units to conduct a search, and ultimately located Okheda hiding under a trailer. They caught a third suspect, Devante Sparks, when he texted Okheda’s phone to let her know he had made it

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Kameron Williams

home… they went to his house and picked him up. The fourth suspect is still on the run. All the suspects are facing charges for armed home invasion robbery and theft, and the driver, Kameron Williams, also faces charges for high-speed fleeing. Arrest records indicate both Okheda and Sparks have gang affiliation.

brittany stubbs

Brittany Stubbs

The case reminds of the Brittany Stubbs, who lured a local business with the promise of sex. She had planned for her boyfriend and his brother to rob the man, but the robbery went south and the man was shot and killed. All were charged with first-degree felony murder. Stubbs flipped on the co-defendants and got a 25-year sentence, while the brothers were both sentenced to mandatory life in prison. In this case, fortunately nobody was shot, but it is a life felony. In both cases, the defendants were young and some really poor choices effectively ruined their lives and those of others.

Love-triangle Murder Case Results in Conviction and Life Sentence for Wife, after Claims of Threesomes and Alligators

 

denise williams

Denise Williams with Mike, and Brian Winchester (inset)

Mike Williams body was never found after his friend told police that he had drowned in a lake while they were duck hunting back in 2000. At they time, they assumed his body had been eaten by alligators, but his mother never believed it, and never gave up. She even paid for signs and billboards to get the police to investigate, right out of a movie. But the break in the case didn’t come until year later.

Denise Williams collected a $1.75 million dollar life insurance policy payout when her husband was declared dead. His best friend, Brian Winchester, had been fishing with Mike on the Williams’ sixth wedding anniversary, and apparently explained the disappearance well enough that the cops bought it. A few years later, Brian and Denise got married.

It turns out, Denise and Brian had been having an affair- a juicy affair involving threesomes with other parties, trial testimony revealed. She and Brian ultimately got married a few years after Mike’s death, in 2005, and their marriage lasted ten years, falling apart after both of them had additional affairs. Things came to a head in 2016 when Brian, apparently worried that his now-ex-wife would spill the beans about murdering Mike, that he kidnapped Denise at gunpoint. Major backfire, as Brian was now facing a possible life sentence for the armed kidnapping and armed burglary charges. Desperate to make a deal, Brian offered to come clean about Mike’s death. The prosecutors agreed to offer him immunity if cooperated, and 20-years on the kidnapping case. Brian explained that Denise has conspired with him to stage Mike’s death as a boating mishap so they could be together. Brian led authorities to Mike’s remains and charged Denise with murder, conspiracy, and accessory.

The trial was a juicy one, replete with intrigue and affairs. Denise’s defense suggested that Brian was lying to try to save his own skin, and that he had lied repeatedly to investigators. At trial, prosecutors introduced images from one of the threesomes with Brian’s first wife, but they brought her in and she testified that there had been a sexual encounter with she, Brian, and Denise prior to Mike’s disappearance. They also brought in a woman who testified she had had an affair with Brian while he was married to Denise, and that Denise had walked in on them together at one point.

ID Photo

Brian Winchester, via DOC

Ultimately, Brian Winchester’s testimony about Denise’s involvement persuaded the jury, who found Denise Williams guilty at her December trial. The sentencing occurred last week and was mostly perfunctory, as the court was required to impose a mandatory life sentence. Winchester still has most of his sentence in front of him, Florida DOC estimates his release date is not until July, 2036. Denise Williams is not eligible for any form of parole or early release.

Below is a great behind-the-scenes interview with Winchester’s attorney about how he was able to get the immunity deal on Winchester’s kidnapping case- cool insights from an interview with the Law and Crime network. Sounds like the state was leaning hard on the new case to compel him to cooperate on the murder. Also, much of the trial testimony is available online, here.

Croc-wearing Crocodile Jumper Florida Man gets a Year in Jail

Brandon HatfieldCredit: SJSO

Brandon Hatfield: Crocodile Jumper

We introduced you to Brandon Hatfield a few months ago– the croc-wearing guy who jumped into a crocodile pit at a St. Augustine alligator park, and got bitten, was arrested after he was found almost-naked in a lady’s front yard. He got brandon hatfield footsentenced last week, and he got dinged pretty good. Hatfield was sentenced to a year in jail, followed by 2 years of community control (similar to house arrest), in addition to being ordered to pay over $5000 in restitution for the damage he caused. He was charged with trespass and criminal mischief for the alligator park escapade, but he was already on probation for something else, which is probably why he got so much time in jail.

No animals were injured, but Hatfield nearly lost his foot after the incident. Apparently the whole escapade was due to his drug use, so hopefully this will serve as a wake-up call and he will get help for his substance-abuse issues. Court image via Beth Rousseau:

 

And in case you didn’t see the video, here’s a clip with highlights:

Attorney David Brener is Still Missing

Fort Myers attorney David Brener, who until recently was the attorney for accused Zombicon shooter Jose Bonilla, has gone missing for several months. Brener first failed to appear for a court date for a client he was representing that had been set for trial back in October, 2018. The judge issued an order to show cause, which orders the attorney to appear before the court to show why he should not be held in contempt for missing the court appearance. That order was served on him at a subsequent court date on a different case, and the hearing started on October 8, 2018. The hearing was continued to October 17, but Brener failed to appear again. According to court documents, Brener failed to appear for a third time, and the court issued a Writ of Bodily Attachment: a pickup order for law enforcement to arrest Brener and bring him before the court, and a contempt of court case was initiated against him.

brenerBrener has not been seen since those missed hearings. Since that time, several of the clients he represented have appeared in court without representation, and the court has appointed several of them attorneys, and other have retained new attorneys. Brener also failed to appear on the pending battery charge he was facing, and a new warrant has been issued in that case. FDLE lists him as a wanted person for the outstanding warrant, the last known address is vacant. Brener has also been formally suspended by the Florida Bar since November, 2018.

What’s odd about the missed court dates is that it doesn’t seem to be something that would cause someone to flee. It’s a simple contempt charge, not a sever charge. Brener was facing a felony the year before, and appeared for trial on that case in spite of facing years in prison, and he was acquitted. Brener does have another pending issue, a lawsuit alleging that he took $120,000 in legal fees to represent Mark Gaver, but did not earn the fees. Gaver is a Bonita Springs man who was prosecuted in a $50 million bank fraud scheme. Gaver was convicted at trial in Maryland and sentenced to 17 years in prison. That’s not a nice person to make angry. Also, at least one of the other Defendants that had hired Brener has expressed frustration standing in court without their lawyer, saying they had paid Brener a lot of money for their representation. Looks like all those Defendants are out of luck. No word on Brener’s whereabouts, of whether or not foul play was involved.

Underwear-clad Florida Man rolls around parking lot in an Office Chair

Deputies were called out to a parking lot in Bonita Springs for a naked man… and arrived to find him rolling around in an office chair. He had on nothing but underwear and shoes. The man appeared to be drunk or high (duh), and there were complaints that some vehicles were damaged. However, nobody saw the man damage the vehicles, so he was released to relatives. They found his vehicle, with a bottle of booze in it, but didn’t see him driving the car. They also think he took furniture from a nearby Buffalo Wild Wings and scattered it around the parking lot.

I am disappointed here… they legally could have charged him with DUI on a rolling chair. It would be a crappy case, but this guy was itchin’ to get locked up. He was certainly drunk and disorderly. We don’t even get a mug shot out of it…

Be sure to check out the other weird DUIs we have covered.

DeSantis Poised to Reform Medical Marijuana Soon: but People will Still go to Jail if they Don’t have a Prescription

Florida voters overwhelmingly approved a constitutional amendment to allow medical marijuana: with over 71% of voters in favor. However, the state government has slow-rolled the medical marijuana licensing process, effectively making it difficult for everyone who might need the medical marijuana to get it as quickly as possible. They have also placed many burdensome restrictions on obtaining it, the most notable being that it is very hard to be able to simply smoke marijuana in leaf form. The system in place funnels people to using oils and other derivatives, and restricts the number of licenses for the dispensaries where prescriptions are available, making the limited licenses potentially very lucrative for the lucky few who can set up shop. This probably makes it far more expensive and difficult for sufferers to get the marijuana they need.

This resulted in a lawsuit against Florida from medical marijuana users challenging the legislation enacted to allow medical marijuana, alleging that it is insufficient and doesn’t follow the clear intent of the voters. That lawsuit was successful, but changes have not been enforced as the previous administration chose to appeal the ruling. That’s an expensive way for our own state government to avoid the will of the people and to dodge the intent of our constitution.

ron desantis

Gov. Ron DeSantis

New Governor Ron DeSantis, who has hit the ground running in Tallahassee, has given out indications he plans to make an about face on the State’s position. DeSantis said of the smoking ban, “I think a lot of voters were frustrated… […] They think there’s been a lot of foot dragging. ┬áSo my job is, when the people speak, you have to listen. This was not an amendment that was really that close. It was like 72 percent.” DeSantis and his advisers have indicated an announcement is coming up, and that changes will be made in how the state is carrying out the medical marijuana amendment. It is believed the announcement may include dropping the appeal. One of his advisors even tweeted the hashtag, #nosmokeisajoke indicating support for a change in policy that would allow medical users to smoke.

With DeSantis and other republicans on board, the movement appears to have some bipartisan support. We just covered democrat Nikki Fried, the new Agriculture Commissioner, who is also pushing to change the regulatory scheme for medical marijuana. It should be something that both sides agree on, that people who have a medical need and a prescription, ought to be able to get the marijuana they need to help their condition. That’s the compassionate, and most cost-effective, approach.

As always, a reminder that marijuana still requires a prescription to possess or to smoke. If you don’t have a card, it’s a crime that will subject you to arrest, and possible jail time, not to mention a mandatory driver’s license suspension. Call an attorney right away if you get in trouble, this is the kind of thing an experienced criminal law attorney can help you with!