Category Archives: Fort Myers / Lee County / Southwest Florida #SWFL

Woman who had a Gator in her Yoga Pants Sentenced

Ariel Marchan-Le Quire

A few weeks ago, we brought you the story of a Fort Myers woman who tried to hide an illegally taken alligator by stuffing it down her yoga pants. She also had several dozen turtles stuffed in a Ninja Turtles backpack. This week in Charlotte County Court, she entered a plea and was sentenced to 2 years of probation for several wildlife violations. She will also have to complete 200 community service hours and make a $500 donation to FWC’s Wildlife Alert fund. The money may be a challenge, as records indicate she is homeless. She missed her first court date and spent a little time in jail, probably because she couldn’t afford to bond out. Still, it’s important for wildlife protections to follow regulations on fishing or collecting wildlife.

Let this also serve as a reminder, as always, the ‘not my pants’ defense is not a strong claim.

The alligator, after pants-removal

Earlier coverage.

3-Year Old Cold Case Closed with Murder Charges Against Former Football Star

Hayzel Obando was found dead in her Fort Myers apartment on Valentine’s Day, 2016. Now, more than three years later, her husband has been arrested and charged with her murder. Earl Antonio “Tony” Joiner was arrested last week in Polk county and charged with Second Degree Murder. The case presented challenges from the start, as it was two months before her death was ruled a homicide. This week, a crew from the TV show ‘Cold Justice’ was in Florida, assisting with the investigation.

Tony Joiner played for the Florida Gators on their National Championship team in 2006, and was a captain his senior year in 2007. As NBC-2 points out, he’s the second member of that team to be charged with murder, after Aaron Hernandez.

Early Antonio “Tony” Joiner, via NBC-2

DUI Checkpoint and Increased Patrols in Lee County this Weekend

LCSO, the Lee County Sheriff’s Office is planning a DUI checkpoint this weekend, in addition to saturation patrols targeting impaired drivers. Everybody be safe out there, get an Uber or a cab, but don’t drink and drive!

If you have any questions, be sure to speak to an experienced Defense attorney.

Amira Fox Cleared by Ethics Commission

State Attorney Amira Fox, who won election handily to the office vacated by retiring State Attorney Steve Russell, received some good news this afternoon. The Florida Commission on Ethics released a statement about their findings from the hearing on Monday, and found no probable cause regarding the complaint that had been filed against her in 2017, prior to the campaign for State Attorney for the 20th Judicial Circuit.

The complaint was filed by a friend of Ms. Fox’s opponent in the race, Chris Crowley. While the Ethics Commission would not confirm that a complaint had been filed, Crowley and his friends discussed it in the media, and tried to use it as a campaign issue. The complaint alleged Ms. Fox had misused her position at the State while running for office, basically claiming she was improperly campaigning during work hours. This ruling should put any concerns to rest, as the Commission finding of no probable cause means there were not sufficient grounds to proceed.

FMPD Sued for Arresting and Tasing a Man for No Legal Reason

jones taser

Jones, about to be tased from behind

Two FMPD officers had no legal reason to arrest Holley Jones in April, 2018, but when he tried to walk away, they tasered him. The officers indicate they responded to a third-party complaint about a disorderly person, which apparently did not identify Jones. The whole incident is on body cam, and Mr. Jones is not causing a disturbance when officers come in and tell him they want to talk to him. When he declines to come outside, he tries to shake the officer’s hand, and the officer gets angry, and starts yelling at him not to touch him, pulls out his taser, and orders him outside. Jones says he did nothing wrong, and the officer says you’re real close to doing something wrong.

An officer is not allowed to detain someone, or order them around, unless he has evidence that they’ve done something wrong. Jones’ refusal to come outside isn’t improper because the officer doesn’t have evidence of a crime to have the authority to order him outside. People like to say you don’t have to consent to officers if you’ve done nothing wrong, but it results in poor Mr. Jones getting tased when he eventually runs away from the officers.

Something that’s nearly as bad as the unnecessary violence is that the officers mislead in their report to try to justify their actions. They indicate in their report that Jones did not seem to understand what they wanted him to do. The video is clear that he understood, but did not consent to following them outside or being searched. Then the officers say that when he ran back inside, he turned around in a “defensive posture with his arms raised,” and “a closed fist as if he was going to strike” the officer. The video clearly shows the officer is lying, as Jones is simply trying to evade the illegal arrest. The irony is that experienced criminal attorneys will recognize the “defensive posture” language as a phrasing that cops frequently use to justify use of force. In this case, thanks to the body-worn cameras, the truth is exposed. NBC-2 uploaded the video here, and it is somewhat graphic.

The case went to court, and on a motion to suppress, the state could not show a lawful detention, and the evidence was suppressed, leading to the case being dropped. Officers are allowed to talk to people in a consensual encounter, but they can’t just order people around who aren’t breaking the law. This should be a teaching tool, and body cams will help improve police and citizen interactions. In the meantime, this poor police work will probably lead to Mr. Jones getting paid. Not only that, they found substantial amounts of drugs on him, but he cannot be prosecuted due to the poor police work.

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.

Alleged Cop-Killer Desmaret to be Evaluated for Competency

wisner desmaret

Wisner Desmaret

The man charged in the killing of Fort Myers police officer Adam Jobbers-Miller has been ordered to undergo a competency evaluation to determine if he is able to stand trial at this time. Wisner Desmaret will be evaluated by qualified doctors to determine whether his current mental state can support going to trial a this time. One has to be severely impaired to be found incompetent, essentially the experts would have to find that he was unable to understand the charges, the court process, or to effectively assist his attorneys in his defense. If he is found incompetent at this time, that does not mean that he can not be prosecuted, as the state can attempt to restore his competency (through medication and counseling) and he can be brought to trial if his competency is restored.

The evaluation was expected, as there have been previous questions of his competency in his previous cases. He has been found incompetent multiple times, and on one occasion, the court found that his competency was not restorable, based on expert testimony presented. However, another judge found that after restoration treatment, that his competency had been restored, which led to his release from a Sarasota county jail not long before he killed Officer Jobbers-Miller. If he is found incompetent, he will likely remain in custody until his competency is restored, at which point he will face trial for First-Degree Murder. The state has filed their intention to seek the death penalty against him.