A 21-year-old man tried to take off from an attempted traffic stop on Easter morning, only to collide with a turning vehicle as he sped away: and surveillance cameras caught the dramatic collision on video. It’s a stark and scary reminder of the violence when one more more vehicles is travelling at a high rate of speed. Miraculously, the motorcycle driver, Joey Pinheiro of North Fort Myers, survived, and will likely be facing criminal charges.
Robert Hayden Jr., via LCSO
There was another high-profile fleeing case on Easter, as a man riding an ATV in traffic on Palm Beach also fled from an attempted traffic stop. That man also ended up crashing his vehicle, though he ended up stuck in a ditch, and with less serious injuries. Robert Hayden Jr. was charged with fleeing, as well as possession of marijuana and for gun charges. Failing to stop for law enforcement officers is a felony in Florida: so many times the fleeing charge ends up being more serious than whatever infraction for which the cops initially tried to stop somebody.
Posted in Criminal Law, Florida, Fort Myers / Lee County / Southwest Florida #SWFL, North Fort Myers / Southwest Florida
Tagged accident, atv, drugs, firearm, fleeing, fort myers, fort myers beach, joey pinheiro, marijuana, motorcycle, North Fort Myers, robert hayden
Two NBC staffers were following up on a burglary story in Lehigh on Wednesday, when a man pulled up, got out of a car, and pulled a gun on them. The man was Jeremiah Mayo. the brother of the burglary victims. He told cops that he had a couple of friends killed recently, and says he was spooked by the burglary the night before. Mayo and his sister claim that while he had the gun out, he didn’t point it at the reporters. Both reporters say he pointed the gun at them until they drove off.
This is going to be a fascinating case. Mayo does not have any local history of violence or felony charges, and he was presumably in lawful possession of the firearm. Due to the break in and friends who had been killed, the fear that the strange vehicle in his driveway could have been someone wanting to hurt him may have been reasonable. Since he didn’t fire the gun, he did not rise to the level of using deadly force. Plus there is a fact question about whether he pointed the gun at the vehicle. His argument will be that he had a reasonable fear of harm, and was justified in using minimal force to scare off the unknown subjects. On the other hand, since the reporters were not making any threats, he may not have been justified.
NBC Reporter Meaghan Smith bio pic
Just because someone is on your property is not legal justification to pull a gun on them. Reporter Meaghan Smith and her cameraman were certainly afraid for their lives and had no ill will prior to being threatened. There has to be some actual threat so as to give someone a reasonable fear of harm. It requires more than having a car parked in your driveway. Mayo may be able to demonstrate that fear due to the crimes that had recently affected him.
I urge everyone that if there is a reason to be afraid, the last thing they should do is confront someone. Mayo may ultimately be found to be justified in his actions, but right now he is out on a $30,000 bail and facing 2 second degree felonies. He would be far better off if he had just kept driving and called the Sheriff’s office.
Bengal Andre Smith was arrested, at the Atlanta Airport. He had a gun in his carry-on that he forgot to take out and carried it in with him. While it sounds shocking at first, it actually happens with some frequency. I had a client who didn’t realize his pistol was in his bag, and did the same thing a few years ago. I deposed the airport officer, who indicated it happens several times a year at our little airport. Local American Idol celebrity “Baby V” Vonzell Solomon was charged for it a few years ago. She had a carry permit, but that doesn’t let you take it to the airport! If you are an NFL player, carrying a gun is a recipe for trouble. Just ask Plaxico.