Tag Archives: fort myers

Man Claims Self-Defense in Killing Iguana (Yes, It’s in Florida)

PJ Nilaja Patterson claims the encounter he had with an iguana was self-defense, claiming the 3-foot green iguana was the aggressor and that he was acting in self-defense when he killed the creature. A laceration on his arm from a bite required 22 staples to close up. Prosecutors counter that a surveillance video of the incident shows that Patterson tormented the animal, and then went into a violent rage when it bit him while defending itself. The iguana had to be put down due to the injuries suffered in the confrontation.

PJ Nilaja Patterson

Patterson claimed immunity from prosecution under Florida’s Stand Your Ground law, that allows the use of force when defending oneself. A judge has denied the motion, however, Patterson still has a right to argue justifiable use of force at trial.

Green Iguanas are invasive creatures, and it is permitted to kill them under Florida law, but it must be done humanely. It’s not the first time we’ve covered the inhumane killing of an iguana that led to felony animal cruelty charges. The state has cleared it’s initial burden to allow the case to go forward, but to convict him, they will have to prove beyond a reasonable doubt that he did not have a reasonable fear, or that the level of force use was not justified.

It’s not the first time we’ve seen self-defense argued for the killing of an animal. In 2013, a man accused of killing a protected sandbar shark testified at trial in Fort Myers that he killed the animal in self-defense. The court rejected that claim and he was convicted at a bench trial. A man in Bonita Springs claimed self-defense (and defense of property) when he killed a bear that entered his property back in 2009. He argued that Stand Your Ground also granted him immunity, and the state argued that Stand Your Ground only applies to humans. The judge denied his motion, and he ended up agreeing to plead guilty to killing a protected species and do probation in lieu of a trial. I am not aware of any case law that goes as far to say that Stand Your Ground does not apply to animals, and the self-defense statute reads, “[a] person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another”. Fla. Stat. Sec. 776.012(2)- it does not say anything that would limit it to defending yourself (or others) against a person instead of an animal. (Law enforcement officers kill aggressive pets with some frequency, for instance, which is lawful.)

The hurdle for Mr. Patterson is that the iguana was only three feet, and they are docile vegetarians. They run away from people. If the video shows him provoking the animal, he will be unlikely to garner much sympathy from the jury, despite his injury. People don’t like it when animals die: He may explore a plea deal, but he’s facing a felony for animal cruelty.

Also, it gives me another excuse to post Jimbo:

Uncle “He’s comin’ right for us!” Jimbo

Man Charged with Killing Fort Myers Officer Intends to Claim Insanity

Wisner Desmaret

Wisner Desmaret, the man accused of taking the gun from and killing officer Adam Jobbers-Miller in 2018, has filed a notice of intent to rely on insanity as a defense in the case. This was expected, as he was caught on the scene, as well as on body cams, and Mr. Desmaret has an extensive mental health history. Desmaret had previously been declared incompetent to stand trial on prior offenses. Insanity is different from incompetence, and is an affirmative defense. That means the Defendant concedes the underlying action, and then the burden is on him to prove that he should be excused by the defense. To demonstrate insanity in Florida is difficult to prove: not only must the defense demonstrate the “mental infirmity, disease, or defect”, the Defense must show that the issue was so great that the Defendant did not know what he was doing or that what he was doing was wrong. It’s insufficient to merely claim that one is insane… it has to be proved that the mental issue is very extreme.

Desmaret could be facing the death penalty if he is found guilty.

Cocoa Beach Man Threatens to Blow Up Probation Office to Avoid Violation

The state probation office in Brevard County received a call on Wednesday that included a threat to blow up the office. The office was quickly shut down, and BCSO and the FBI came in to investigate- they had a K-9 unit sweep the office for explosive devices. Fortunately, none were found.

Juan Christian, via DOC

Officers were able to trace the call, even though it was from a restricted number, and it led them to Juan Christian, a 38-year-old Sanford man. It just so happened that not only was Christian on probation, but he had missed his appointment that day for his drug test. He is on probation for drug sales, false imprisonment and battery. Officers met with him and he admitted to calling in the threat because he was afraid of being violated. Now, not only is he facing a probation violation for additional reasons, he has new felony charges for the terror threat.

It’s not the first time, and there was a case several years back in Fort Myers where a man actually burned down the probation office. That case was even more tragic, as the fire also burned a kennel in the building, killing several dogs. I was unable, and I can’t remember, if that culprit was ever caught, but it didn’t destroy many probation files, since they are digitally stored in a central location. In researching that, I came across a story I was unfamiliar with, where the Fort Myers DEA office was bombed. That was in retaliation for a man who had been indicted, and Jeffrey Matthews, the “Fort Myers Bomber” was caught and sentenced to life in prison for those and other offenses. As usual, the cover up is often worse than the underlying crime.

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.

Man wanted for Punching out a Dancin’ Santa and Ripping Off its Head

detail from security footage

The scene: Cowboy Up Saloon, Fort Myers, Florida. Police are seeking information on a man who was caught on camera punching a Dancin’ Santa that was on display at the popular Cowboy Up Saloon downtown in the Fort Myers River District. A man standing at the bar suddenly turns, punches the Santa display to the ground, knocking off its head. The footage is shocking, except its just a robot, so nobody gets hurt!

It’s not the first attack we’ve had on a holiday icon in Fort Myers… several years ago the Easter Bunny was attacked at the Edison Mall. That character was played by a real person, who was fortunately ok. Um… I guess ‘don’t punch holiday characters’ needs to be said.

CCSO had to Fish a Truck out of the Pond at the Jail

One of the officers working at the Charlotte County Jail spotted a pickup truck floating in the pond in front of the jail Tuesday night. He approached a man standing there watching it, but the man was uncooperative and walked awawy. Deputies were afraid that someone might have been in the truck, and jumped in the pond, but it had sunk too deep for them to reach. A dive team was called, the truck fished out, and fortunately there was nobody inside.

Tristin Murphy

Deputies located the man who walked away, Tristin Murphy. Murphy denied any knowledge of the truck, but was arrested for Littering of Over 500 Pounds of Hazardous Material. I think they will have a proof problem charging him with dumping just because he was watching it sink, unless they can find some more evidence to link him to the truck. (It’s unclear if the truck was his, maybe there was an envelope with his name on it.) And while the truck contains oil, gas, and other fluids… I’m not sure if it meets the statutory definition of ‘Hazardous Waste‘. While it looks bad, the dude has some defenses an attorney can work with. Either way, he is facing a felony littering charge, which could potentially impair his ability to serve in the army and get his fingerprints sent to Washington, provided Officer Obie took the 27 glossy colored photographs to convict him.

Finally, I couldn’t help but notice that CCSO describes the pond as a ‘catfish pond,’ which begs the question… how is the fishing? Do the inmates get to give it a whirl? Do they stock it. The pond outside the Lee County airport reportedly has excellent fishing, but you don’t have to take my word for it.

Details Released in Arrest of FMPD Captain – the Case Still Looks Like Garbage

Capt. Jay Rodriguez

The affidavit for the warrant in the arrest of FMPD Captain Jay Rodriguez has been released, and as we anticipated in the detailed post about the charges yesterday, it doesn’t look like the charges are legally sustainable. As expected, the Misconduct and Prostitution Charges both stem from actions that happened in 2013, several years beyond the statute of limitations.* One newly revealed detail is that the investigating Detective not only accuses Rodriguez of misconduct for being involved in a false report, but also for improperly receiving a benefit with city money for the alleged sexual act. That allegation might sound good, except that he was working in an undercover capacity for the city police department, and his acts led to two arrests. That is still not a prosecutable case. It definitely would have been better practice for Rodriguez to have stopped the suspect before actually receiving a sexual act, but that does not make his action criminal. In fact, it sends a bad message that if the City gets pissed at its cops, it’s going to try to prosecute them for doing their job.

As to the perjury charge, it appears the questions posed to Rodriguez were a little clearer than indicated in the earlier press release. Rodriguez was asked “were you ever involved in sex while on duty” and “have you ever engaged in sexual activity on duty with a sex worker or prostitute”, which Rodriguez denied. These questions are not as vague as “did you have sex”, but they are not so specific that there is not ambiguity. Definitely hard to prove beyond a reasonable doubt. More importantly, this confirms it was an internal affairs investigation, which does not appear to be an “official proceeding” to satisfy the required element of the perjury statute.

Captain Rodriguez may have been involved in wrongdoing, especially if he directed the fabricated statements that led to the arrests of the two individuals. Ultimately, charges were apparently dropped against both of them. However, these charges, under more detailed scrutiny, still look like garbage. If Detective Kendall Bores, who swore out this warrant, does not have a better understanding of the law, that Detective should be reviewed for incompetence. And even if the Detective didn’t catch the problems, it should have gone through the State Attorney’s office (of the 12th Circuit) for review before the warrant was sworn out. But caution gets thrown to the wayside when political pressure gets applied on a high-profile media case.

Also, NBC-2 spoke to another attorney who agrees that the old charges may be barred by the statute of limitations.

Here’s a link to yesterday’s even more detailed post as to why these charges are garbage. To reiterate, police misconduct, and especially lying or falsifying police reports, deleting evidence and the like are extremely bad… but that’s not what Rodriguez is being charged with. As it is, these charges are, in my humble legal opinion, bullcrap, and I call it like I see it.

*Update, the News-Press points out the charges may fit an exception to the statute of limitations, as the accused is a public employee. The charges are still crap, however. They have also posted the full affidavit for the warrant.

Details Emerge in Zombicon Shooting Case

jose bonilla

Jose Bonilla

Documents released today reveal why it took more than two years to bring charges against Jose Bonilla, even though he was identified as a suspect just a few weeks after the Zombicon shooting in October 2015. There were several calls to Crimestoppers, with anonymous tipsters indicating that Bonilla was the shooter and bragging about it. However, law enforcement did not want to move at that time, because they didn’t have sufficient evidence to bring the case to trial. The anonymous tips are hearsay, and they need someone to testify in order for that evidence to be admissible in court.

The stayed on the case, tracking Bonilla down, conducting several interviews, and talking to many of his friends and family. Ultimately, the break in the case came at the end of 2017, while Bonilla was in jail, Detectives indicate an informant in the jail came forward with information about Bonilla’s comments. The prosecutors took their time, and instead of rushing to make an arrest, they had the informant wear a wire to record his conversations with Bonilla. The details have been redacted from the public records, but the Detectives indicate that he admitted to involvement. More details may follow at the detention motion on Monday. Bonilla is innocent until proven guilty, but he is unlikely to get a bond at the pretrial detention hearing tomorrow.

I spoke to NBC-2 again about the case, and may be on the evening news tonight.

 

So… This Lady Stole a House

barbara harris

Barbara Harris

Fort Myers police received a call from Barbara Harris and responded to a home, where Ms. Harris indicated the had just purchased an abandoned property. She showed the responding officer documents from the property appraiser that indicated that she was the owner, and the officer told her she could enter the house. She forced the lock and opened the door, setting off an alarm, and then asked the officer to make sure there was no one inside. The officer did, and observed that the house was fully furnished, which was odd since Ms. Harris had claimed that it was abandoned.

Not long after that, a woman showed up with her family, and said, that no, the house was hers. She explained that her family had built the house, and that they certainly had not sold it, and provided documentation that they had been living there. The officer told Ms. Harris to stay away from the house. It appears Ms. Harris did stay away, but she made repeated contacts with FMPD to try to obtain the house.

Ultimately, the homeowner did her own digging, and was able to locate a forged warranty deed that Ms. Harris had filed with the clerk, and used to get the property appraiser to incorrectly display the property owner. It was a good thing she did, because by the time a detective went looking, the false documents had already been purged. It would have been much harder to prove the case without the owners own detective work.

Barbara Harris, who also used the name Barbara Jeffers, Barbara Jeffrey, and Barbara Davis in her scheme was convicted at trial this week. She faced up to 40 years for Theft, Burglary, and some forgery related offenses. There doesn’t seem to be any media coverage of the trial testimony, or what her defense might have been. She had told the detective she’d meet with him, but blew him off. I’m not sure how this case ended up going to trial… perhaps she didn’t want to accept what was probably an offer that included prison time. Regardless, the most amazing thing about this is the audacity of someone to forge their own deed, and then call the cops to try to help them steal a house!

 

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…