Update on the Bass Pro Diver

Law enforcement are still looking for the man who dove into the Bass Pro fish tank last week. I left his name out of the original post because I don’t think he has committed a felony, but the man they think did it has gone on social media to speak out. Daniel Armendariz posted on his Facebook account confirming that he is the one in the Bass Pro video, and proceeding to eviscerate Bass Pro for trying to charge him with a ridiculous felony. Multiple media outlets are referring to his post as a ‘confession’… but it’s only a confession if what he did was a crime. I’ll reiterate my previous post, it is not criminal mischief to jump into a giant fish tank. He did not willfully destroy any property, and it really shouldn’t be considered a felony, regardless of how mush Bass Pro claims they paid to disinfect the tank.

Mr. Armendariz says he will turn himself in… but not until he is ready. It’s also worth pointing out that Crimestoppers mentioned his previous charges for some serious offenses, but he says he beat those charges. It’s like they were trying to make him look bad as they are trying to sell the idea that his silly prank is a serious crime. Again, not a good look. You can check out his rant, but be forewarned, mature content:

 

Dude Jumped in the Bass Pro Fish Tank and Now They Want to Charge Him With a Felony

Man Diving in Tank

You might have seen the video going around of the guy who jumped into the giant Native Fish Tank at the Fort Myers Bass Pro Shops. If you haven’t been, Bass Pro has a huge tank with fish from Florida- it’s a centerpiece of the store. It made all the local news, and got shared all over on social media, and everybody had a good laugh about it. Now, local crimestoppers is claiming they have identified the man, and that he is wanted for felony charges!

That’s the kind of overblown hooey that frustrates people about cops.

Apparently, LCSO is claiming that it cost Bass Pro $3000 to ‘decontaminate’ the tank, and that makes him a felon. I call garbage- both on the cost and the felony.

They are alleging that the cost makes it a felony criminal mischief. Unfortunately, whoever is alleging that has not read the criminal mischief statute. To qualify, an individual must “willfully and maliciously” damage property. I have been out there to check it, but it certainly doesn’t look like any damage was done. On top of that, for it to be willful, he’d have to know that jumping in the tank would cause a $3000 disinfecting bill, which of course he didn’t, because it’s ridiculous. This might be some trespass of property, but to charge this kid with a felony is willful and malicious prosecution, and the authorities should be ashamed.

Here’s the story and video on the news:

The News-Press indicates some high school kids got in trouble for doing that in 2011… it doesn’t indicate that they gave a bunch of kids felonies, though:

Drug House Put Out “Come Back with a Warrant” Mat… So the Cops Did

Neighbors near a suspected drug house in San Carlos made several calls to the Sheriff’s Department about the concerning activity going on at the house. LCSO responded to investigate, and were greeted with a mat in front of the door that said “Come Back with a Warrant!”

The Mat

Deputies did just that, securing a warrant and coming back to search the home. Inside, they found quantities of Meth, Fentanyl, Heroin, Cocaine and various related paraphernalia. Three people were arrested, included the alleged ringleader who was charged with sale, possession, and possession of a place being used for selling drugs.

I’m really charmed by the handwritten mat. They actually sell mats like that– theoretically as novelty items. These guys didn’t pay for one… but they were serious about having a need for one. They should have also posted a sign that says “I’m not saying anything without speaking to my lawyer” to invoke some other important rights!

Mark Sievers to go in front of Judge Tomorrow for New Trial Hearing

Mark Sievers DOC photo

Attorneys for Mark Sievers have filed a motion for new trial after his conviction and death sentence in the death of his wife, Theresa Sievers. Sievers’ attorneys have alleged several issues to be heard at the motion for new trial. The strongest claim is probably the discovery of new evidence. The motion alleges that a newly discovered letter from Sievers’ neighbor Mark Petrites proves that Petrites misled the jury about the extent of his friendship with Sievers, and that the letter helps explain why his testimony was inconsistent over the course of the case.

If the court fines that the motion is supported by evidence and that there was prejudice from the issues, the judge could grant Sievers a new trial. This doesn’t mean he would be released or acquitted, it would mean that the trial would start over again, but only if the judge is persuaded that the issues raised in the motion prejudiced Mr. Sievers and to entitle him to a new trial. The motion will be heard in court tomorrow.

Mark Sievers Sentenced to Death

Mark Sievers

Mark Sievers was sentenced to death today after being found guilty at trial of first degree murder for planning his wife’s killing. The jury found that Sievers had instigated the plan for his wife, Dr. Theresa Sievers’, murder by asking his friend Curtis Wayne Wright to carry it out. Wright traveled from Missouri with his friend Jimmy Rodgers, and the two bludgeoned Dr. Sievers in her home before travelling back to Missouri.

Curtis Wayne Wright pled guilty to murder, and agreed to testify against the others in exchange for a 25-year sentence. Rodgers was found guilty of second-degree murder in his own trial, and sentenced to life in prison. Mark Sievers was found guilty last month, and the jury recommended death during the sentencing phase. Today, the judge imposed a death sentence.

Sievers testified at the hearing today, still proclaiming his innocence, but asking for mercy. The judge indicated he would leave mercy to God, and that Sievers’ actions warranted the death penalty. As with all death penalty cases in Florida, it will be appealed to the Florida Supreme Court.

The Jimmy Rodgers Trial is Underway, Opening Statements were this Morning

Jimmy Ray Rodgers

Jimmy Rodgers, one of three men charged with the murder of Dr. Teresa Sievers in her Bonita Springs home in 2015 is on trial in Fort Myers. Jury selection began last Monday, and this morning the attorneys gave their opening statements. The State argues that Rodgers traveled here with Curtis Wayne Wright, who had allegedly been hired by the third Defendant Mark Sievers, Teresa’s husband. There’s substantial evidence to show that Rodgers and Wright traveled to Southwest Florida together from Missouri, and that they were here when Sievers was beaten to death in her home.

Curtis Wayne Wright has already pled guilty to his involvement, and agreed to serve 25 years in prison in exchange for his testimony for the state. That’s obviously something that the Defense will attack as to his credibility. Further, he gave several differing statements, at least eight, according to the Defense in their opening statement. The challenge will be for the State to use Wright to prove not just that Rodgers was present, but that he participated in the crime. The State also plans to use the testimony of Rodgers’ then girlfriend, to whom Rodgers allegedly admitted to killing Dr. Sievers. However, Rodgers’ girlfriend has been paid by the state about $400 per month for the four years since the crime, so the Defense will attack her credibility as well.

Crime Scene tech Van Waus testifying

The Defense conceded in opening that Rodgers traveled to Fort Myers with Wright, but deny that he was involved in the conspiracy with Mark Sievers to commit the murder. The State’s only evidence that directly ties Rodgers to the murder itself is the testimony of Curtis Wright. Not only is there a strong attack on Wright’s credibility, but Wright admitted that he was the first to attack Sievers. He says only after he struck her a couple times did Rodgers jump in to actually kill her. Wright’s testimony will be must-see viewing. Rodgers faces the death penalty, as does Mark Sievers.

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.

Friday Fun- Robber Attempts to Stick-Up 7-11 Convenience Store with only his Finger

It’s like something out of a movie. A Cohen Brothers movie!

A few days ago, a young man walked into a Bonita Springs 7-11 with a shirt wrapped around his face. He wanted to hold the place up, but didn’t have a weapon, and tried to use his finger to scare the clerks. Maybe he meant to put it in his pocket, but whatever the case, he wasn’t too scary because they could see that all he had was a finger that he was waving around! He didn’t get any money, but trying to rob a store is still a crime and deputies are still on the lookout for the attempted robber!

The State might be Paying a Key Witness in the Theresa Sievers Murder Case

• Indications are that Jimmy “The Hammer” Rodgers former girlfriend is being paid by LCSO
• Rodgers and Mark Sievers facing possible death penalty in the murder of Mark’s wife Dr. Theresa Seivers.

Theresa Sievers

We haven’t had much coverage in the case of Dr. Theresa Sievers, who was killed allegedly at the hands of two associates of her husband Mark, Curtis Wright and Jimmy “The Hammer” Rodgers. Curtis Wright has already pled to second-degree murder charges, and Rodgers and Mark Sievers are facing a possible death penalty. The case is extremely complex, due to the length of the investigation and the fact that it stretches all the way to Missouri, and the parties have been bogged down in discovery issues.

Now, NBC-2 has uncovered something very interesting in a discovery motion filed by Mark Sievers’ attorney. In the Motion to Compel Discovery, Sievers requests records relating to funds that are being paid to Taylor Shomaker. Shomaker was dating Jimmy Rogers at the time of the murder, and gave a statement against him, and is expected to be a key witness wen the case goes to trial. Therefore, if she has received payments for her testimony, especially if she’s receiving them on a regular basis, that’s fodder for the defense attorneys.

Mark Sievers and Jimmy “The Hammer” Rodgers

The legal issue is whether the monetary incentive could influence a witness to testify favorably for one party. It’s not unusual for professional or expert witnesses to be paid for the time they spend working on a case: consider a doctor a or a lab expert that may be hired to give an opinion on a case. However, these types of witnesses are expected to be paid, and even then it is just for the actual time they spend. Even then, it is fodder for the other side to impeach a witness based on the money they are being paid to testify. The Defense will argue that she is being paid to get her to testify against the others, and the more money she is paid, the less reliable her testimony will be.

Curtis Wayne Wright

Likewise, Curtis Wright is receiving compensation for his testimony, but not monetary. The Defense will argue that Wright is testifying so he can get a better deal. The State already let him plea to 2nd Degree Murder, effectively eliminating the risk of the death penalty for him, and potentially less prison time. In their motion, the the Defense is also trying to get documentation related to Wright’s proffer and his cooperation. Wright’s testimony will be key to tie Sievers into the plot, as it appears Wright and Rodgers committed the murder while Mark Sievers was out of town. They may have some evidence of communication between Sievers and Wright, but his testimony will be key to prove Sievers’ knowledge and complicity in the plot.

Taylor Shomaker from her law enforcement interview

That’s not unusual, for consideration to be given to one conspirator to go after another. However, the circumstances regarding the payments to Ms. Shomaker are extremely unusual. Perhaps it will be revealed that it was compensation for travel expenses or something innocuous, but the indications in the Defense’s Motion to Compel certainly sounds out of the ordinary.

via NBC-2

Hooker Arrested for Prostitution

Brianna Hooker

Lee County ran an undercover prostitution sting over the weekend and picked up a hooker… Brianna Hooker. There were 14 more arrests from the operation, in addition to Ms. Hooker. The undercover detective invited her to a location where he was staying, whereupon she agreed to have sex with him, then asked if she could smoke up before she performed for him. She has an extensive history of drugs and theft related offenses, and is facing drug possession charges as well as a violation of her earlier probation for this new charge. As is so often the case, the drug abuse likely led to the theft and prostitution as she tried to feed her addiction. That’s likely the case for several of the co-defendants from this operation.