Lee County has made its First Arrest for a Violation of the Safer-at-Home Order

John Demeo via LCSO

Lee County made its first arrest of an individual for violating the governor’s ‘Safer-at-Home’ order. He was not arrested just for being away from his home for non-essential activities; he was also arrested for multiple other offenses. That is to say, he was going to jail anyway, not just for the violating the stay-at-home order.

John Demeo was first warned to stay away, after he allegedly got intoxicated and threatened his girlfriend. Officer’s told him not to call her, but he called her again while they were still at her home and threatened her while the officer was listening. They tracked him by cell phone GPS to a parking lot, but agreed to not arrest him, and waited for someone to pick him up. About 10 minutes later, they got another call from the girlfriend that John had returned. When they detained him, they discovered he already had an out-of-county warrant for a DUI violation of probation, and proceeded to arrest him for disorderly intoxication, criminal mischief (for damaged property) and the violation of the governor’s emergency order, all misdemeanors. He was held with no bond until he went in front of a judge, but was subsequently able to bond out.

Todd Helton Sentenced to Jail for DUI

Wanted to share this as a reminder to take Driving Under the Influence seriously. Colorado Rockies legend Todd Helton pled to a DUI and was sentenced to two days of incarceration, in addition to probation and classes and all of the other requirements of a DUI conviction. The article doesn’t say if he had any credit, he may have done those days the night he was arrested, but it just goes to show that even rich and famous don’t get a break on DUI.

It’s worth noting that even with the public health emergency, law enforcement is still on patrol, and will still arrest for DUI. Even if you don’t go to jail tonight… that doesn’t mean you aren’t facing jail time down the road. The cases are not getting dropped… just pushed down the road. Be safe, and don’t drink and drive!

Warrant Issued for Church Pastor that Held Services in Violation of Stay-at-Home Order

A mega-church in Tampa defied a “safer-at-home” order in effect in Hillsborough County, Florida, and held a crowded service Sunday morning. Today, the pastor is facing charges for holding the service in violation of the order. The Sheriff and State Attorney held a press conference this afternoon to announce the charges, saying they had reached out to the church a couple of times, and the church refused to cancel the service. Pastor Rodney Howard-Browne will reportedly turn himself in on charges of unlawful assembly and violation of a public health emergency order.

Rodney Howard-Browne via Facebook

The church, and pastor Howard-Browne, will argue that the stay-at-home order violated their first amendment rights, but the equation is not that simple. The order was content neutral, meaning it did not target religious services, but all gatherings. For instance, a city cannot bad one party from putting up signs before an election, but they can ban all signs more than a month before the election: the state has more leeway on such content neutral rules. Usually, those are applied to free speech element of the First Amendment, but these rules also differ in that they deal with the free exercise of religion and the right of peaceable assembly. There’s not much precedent to use, as the last time we had such a public health emergency in this country was 100 years ago during the Spanish Flu epidemic. I think the State will be more interested in stopping the services going forward than they will be in prosecuting a pastor, but the legal question will be interesting to watch.

This twitter post links footage from the service Sunday:

No words for this depravity.

Right-wing pastor Rodney Howard-Browne is literally encouraging his congregants to shake hands.

pic.twitter.com/QEHGbM5yYa

— Joshua Potash (@JoshuaPotash) March 16, 2020

UPDATE: The pastor did turn himself in on the charges. Seems like under the circumstance, it would have made more sense to give him a notice to appear. That is, if you’re so worried about social distancing, there is an alternative to processing him through a jail with hundreds of inmates. But, they had a point to make, and wanted to give him a mug shot.

Florida Courts are still Open, and so is the Law Office of Spencer Cordell

• You can still reach the Law Office of Spencer Cordell.
• Our phone number is 239-333-4686.
• Our email is spencercordell@hotmail.com .

The wheels of justice must continue to turn, in particular for those accused of crimes during the public health emergency. Florida courthouses, including those in Southwest Florida, are open on a limited basis for essential hearings. Among those hearings still happening are arraignments, injunctions, and first appearances for those who have been arrested. Attorney Spencer Cordell is available to consult by phone, answer emails, and even video chat if that is necessary.

Please stay safe during this health emergency. The novel corona virus has impacted all of our daily lives, and we must take steps to protect others who may be vulnerable to COVID-19, but we can stil make accommodations to help. If you or your loved one are facing criminal charges, even if there is not an essential hearing coming up, we are still available to discuss your options, and the consultation is still free. Don’t hesitate to call you have been arrested, injured in an accident or want to know your legal rights.

Attorney Spencer Cordell, 239-333-4686

Man Arrested for Claiming to Have the COVID-19 Corona Virus

David Landeau

It should go without saying that you should not pretend to have a potentially deadly disease, and it’s even more appalling that somebody would do so in the midst of a public health emergency. But leave it to by claiming to have the corona virus. The bus was evacuated, and when police were called, Landeau admitted that he doesn’t have the COVID-19, the diseased caused by the corona virus. He has been charged with disorderly conduct and creating a false public alarm. Fortunately, it did appear to be a false alarm.

Don’t be David Landeau. Everybody is stressed out with the virus going around, so let’s focus on helping our fellow man for a while, not adding to the stress.