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

Fort Myers Pays Nate Allen $440,000 for Wrongful Arrest

nate allen

Nate Allen

The city council yesterday finalized a settlement of nearly a half-a-million dollars for NFL player Nate Allen for his wrongful arrest. (While he was detained, and ultimately released without a formal arrest, it was easily a ‘de facto arrest’ due to time and totality of the circumstances.) It was enough to make the news, especially since he is a professional football player. Even though he was released that day, the suit was worth a lot more because of the demonstrable negative effects it had on his NFL contract situation. Worse, the FMPD chief at the time, Doug Baker, was caught lying in the investigation into the cover-up, leading ultimately to his termination. The entire incident was a black eye on the city. To the council’s credit, they recognized the wrongdoing, and have repeatedly apologized. Neither the chief, nor the detective on the case are still with the city. Sawyer Smith handled the case for Allen, and tells me he is as nice a guy you could ever meet.

Sadly, the lessons are still being learned. Just a few months ago I encountered a case where the FMPD utilized the same faulty show-up procedure to identify someone, in spite of the pending lawsuit. The state ended up dropping the case. Meanwhile, the 2-year anniversary of Zombie-con has passed with no arrests, charges, or even named suspects. And just last week, more details have come out about the officers suspended after the Freeh Report. FMPD has a long way to go…

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Murdered Children and ‘Honey Bun Hits’: A brutal look at Juvenile Corrections in Florida

This week the Miami Herald dropped a bombshell on Florida’s juvenile justice system and the Department of Juvenile Justice. They spent two years researching the last 10 years of juvenile justice history to prepare a report they call “Fight Club.” It’s a devastating read.

The Herald found multiple instances of violence against juveniles. Some from the guards, and others from inmates, sometimes at the behest of guards who would reward them with Honey Buns or other items from the commissary. The article points to low pay, inadequate personnel screening and standards, and tolerance for cover-ups. Indeed, Time and again the Herald found that guards involved in the violence, including juvenile death, were not criminally charged (much like the adult guards in the CCI homicide a couple years back.)

One of the facilities highlighted was here in SW Florida, at the Fort Myers Youth Academy. The Herald says the Youth Academy is a microcosm, “steeped in violence and a culture of coercive cover-ups.” It details guards that were hired, even though they’d been fired from previous prison guard jobs for sexual harassment and bribery to hide abuse. It sounds like the troublemakers cited in the report no longer work there, but the account is troubling.

DJJ filed a lengthy response. Unfortunately, the lives lost by years of abuse cannot be brought back, but hopefully a true culture change can prevent such abuses in the future.

FMPD Sergeant Fired for Lying: More Details Emerge

The News-Press published a thorough article detailing the latest corruption concerns at the Fort Myers Police Department. Former FMPD Sergeant Eric Gutridge was fired last week, having been suspended since February. He was fired for lying on official documents and lying under oath during court proceedings. Although lying in court proceedings is perjury, and giving false information in a police report is also a crime, there are no indications that charges are being considered. Gutridge was also accused of planting evidence, but there was not enough evidence to prove that allegation. Gutridge reported, and reiterated, that the 911 caller in a case was unknown, when in fact it was a confidential informant he had worked with before, and approached him for financial compensation for sending the tip.

The city has not released information about other officers that were suspended earlier this year in light of discoveries made by the Freeh group in their review of FMPD. The News-Press and several criminal defendants have been trying to get the City to release additional information regarding police corruption, and the city has spent thousands of dollars on outside attorneys to fight the release of the appendixes of the Freeh Report. The city also appeared in the criminal case to fight the release of the additional pages, and the court has not yet ruled on that. The city may end up being on the hook for a lot more money, as the suspect in the case that led to the Gutridge firing was held incarcerated for about a year and a half before the US attorney’s office dropped the case, and to their credit, reported his misdeeds to city authorities. This comes on the heels of another FMPD officer Detective Donald Weathers, being fired for lying and misusing informants. And there may be residual effects as attorneys review their files and look at other cases in which Weathers and Gutridge may have handled.

UPDATE: TRIAL POSTPONED – Jury Selection to Begin in Lavaya May Trial

Tuesday morning update: the trial has been postponed. As of this morning, the State is asking to stay the trial to appeal the court’s ruling yesterday that the notebook written by Lavaya May would not be admissible. The problem with that is, the Defendant had demanded a speedy trial, so the state is asking the judge to stay the speedy trial until the appeal can be ruled on. That’s extraordinary relief. WINK news is reporting that the trial will be put off up to 90 days, but it sounds like things are very much in flux, at this point.

  • May Accused of 2nd Degree Murder, Conspiracy to Commit Murder and other charges
  • May Allegedly got persuaded 2 of her friend to kill 58-year-old Ted Lee
  • May, who is still a minor, claims Lee started molesting her when she was 8-years-old
lavaya may

Lavaya May

The trial and jury selection for the murder trial of Lavaya May is scheduled to start Tuesday morning, the trial could take 2 or even 3 weeks to complete, according to the attorneys handling the case. Although May was 16 at the time, she has been charged as an adult, and is facing life in prison on the murder charge.

The prosecution just found out that they lost some of their evidence after a day-long suppression hearing. The judge heard evidence and argument on Friday, and just Monday afternoon ruled that the state cannot introduce evidence from a journal that Ms. May was keeping in custody.

That’s the second suppression loss for the state, as the court previously ruled that the statement Ms. May made when she was arrested was illegally obtained in violation her rights. After the killing, May and the others fled out of state. When they were arrested, an attorney ad-litem who had been appointed to May contacted the Sheriff’s office and indicated she was invoking Ms. May’s right to have her attorney present. Detectives, recognized the issue, and contacted the State Attorney’s office, who incorrectly advised them to proceed with the interrogation of the juvenile May without her attorney. It was a clear violation of her right to counsel, and now they will not get to use her statement, either.

Jonathan Ruffini

Jonathan Ruffini

The State’s star witness will likely be the co-defendant, Jonathan Ruffini. Ruffini, who was 18-years-old at the time of the offense, a year ago, has already entered a guilty plea, and agreed to accept 25 years in prison for his role, in exchange for agreeing to testify. The other defendant, then-23-year-old Hunter Tyson, has also accepted a plea agreement for 40 years in prison, and there is no indication in his court file that he was given consideration for cooperation. It’s anticipated that Ruffini will testify that he and Tyson committed the murder at the behest of his friend/girlfriend May, due to her complaints about being molested by Lee. (Lee doesn’t have a DOC photo yet, as he’s being held in the Lee County Jail in anticipation of his being called to testify in the May case. There have been some changes in his story, and only recently did the state list him as a witness, so he may not be that reliable for them.

hunter tyson

Hunter Tyson

The challenge for the state is substantial, as it appears pretty clear that Ruffini and Tyson committed the murder, by baseball bat and knife- with Tyson being the primary killer. To prove a murder, they don’t have to show that May personally took part in the killing, but they can prove that she was a principal to the murder if she aided, abetted, or even encouraged the crime. Under Florida’s principal theory, she is

hunter tyson doc.jpg

Hunter Tyson in DOC

just as guilty as the others if she is found to be a principal. She is also charged with Conspiracy, for plotting the killing with the others. She may garner some sympathy, if the Defense is able to introduce the allegations that Lee had molested her for years. However, that is not legal justification for murder, as the abuse was in the, and would not present an immediate danger for self-defense/justifiable use of deadly force. More likely, the Defense team is going to try to frame the case as an act that was done by Tyson and Ruffini on their own, and not at the instigation of May. Both Tyson and Ruffini have admitted to committing the murder, and plead out to murder charges, but May can only bring that up if they are called in to testify. She can still blame Tyson, even if his admission is not admitted. Ruffini’s statement points the finger primarily at Tyson, and the Defense will try to say he’s blaming May to get a lesser sentence. The trial will be interesting to watch.

 

Remember When the Mall Easter Bunny Got Arrested?

The scene, Edison Mall, 2006. They have an Easter Bunny area where families could come and get their picture taken with the Easter Bunny. 27 parents were lined up when the Bunny-manager decided to shut down for the day, 15 minutes early. One of the parents approached the manager and asked why, to which the manager replied, “because I felt like it”, and punched the mom in the face. When the bunny saw the manager involved in a fight, he jumped in and started punching the mom in the back of the head.

arthur mcclure easter bunny

Arthur McClure, the Rogue Rabbit

The Bunny, Art McClure, claims that he and the manager, his girlfriend, were acting in self-defense when the “mob of angry soccer moms” came after them. Ultimately, McClure was charged with misdemeanor battery and breach of the peace, and pled out ┬áto time served on the charges a couple weeks later. The responding officer got statements from half a dozen of the parents, who all indicated McClure and his girlfriend were the aggressors. It’s like Bad Santa for another season!

It’s too bad that cell phone cameras were not as common then, and even the snapshots that were taken don’t seem to have made it to the internet. McClure’s listed occupation on the arrest report is “Easter Bunny”, though this was his last day on the job.

LCSO Deputy Fired for Excessive Force

This came out a couple days ago, but I haven’t had a chance to write it up. A deputy with the Lee County Sheriff’s Office was dismissed after a complaint about excessive force. The internal affairs investigation actually cited him for several things, including not being forthcoming in his report of the incident. He pulled a woman out of her car at gunpoint, while the car was still in gear, and she ended up being dragged along side it for a moment. Fortunately, nobody was hurt.

While this isolated incident pales in comparison to the recent wave of suspensions after the city-commissioned audit of Fort Myers PD, it is nonetheless disturbing. The encouraging thing is that we are not talking about a cover, rather that the deputy had consequences for his actions. Sheriff Mike Scott has shown time and again that he will act swiftly to punish misbehavior to protect the reputation of his department, particularly when there is any indication of dishonesty from his team. That’s the first step in building a strong reputation and confidence in the community.

Also troubling is that the woman’s attorney indicated to NBC2’s Jaclyn Bevis that there were not made aware that another witness had come forward, nor that there was an internal affairs investigation on the case. That sort of information is known as “Brady” material: which must be turned over to the defense. The failure to turn that over in discovery is likely a violation, and could result in the conviction being thrown out. The woman involved did get a reduced charge from DUI to reckless driving, which was already probably due to the arresting deputy’s aggressive behavior.

Fox4 has uploaded the raw video:

Accused Babysitting Killer was Fresh Out of Prison

rafael-carrionThe first thing that sprung to mind when I saw the mug shot of the man accused of beating to death a baby he was watching was, “Who would let that guy watch their kid?” I looked a second time, and thought, those sure look like prison tattoos… I wonder if that guy has done some time.

Sure enough, a quick search on the DOC website indicated he has just finished serving time for Burglary out of Hillsborough County. He was just released on October 31, less than 2 months before his new arrest in this tragic case. The Lee County Sheriff’s database indicates he has been arrested 14 times here in Lee County, including a couple juvenile arrests related to sex-offense charges. Presumably he was not convicted as charged on those offenses, as he is not a registered sex-offender.

ID Photo

Carrion’s prison photo

His bond has been set at $600,000 on manslaughter and┬ásecond-degree murder charges. The mother who left her child with him has had her other children placed into foster care by the court until it can be determined that they can be safe. Carrion’s father disputes the charges, saying the mom bears some responsibility and that Carrion tried to save the child. His arraignment is set for December 27, and I’d expect the charges to be amended to one murder and one child-abuse charge if the state determines to go forward.