Collins Law Firm

Man facing pot charges days after being acquitted of murder

Wed, 09 May 2018 20:23:00 GMT

In Saturday’s arrest, Dejuan Barnes was a passenger in a Dodge Magnum stopped for window tint violations by Tallahassee Police Department officers conducting a traffic stop near Lake Bradford Road and Elberta Drive.

Police summoned a drug-sniffing dog, who alerted officers to the car. After a search, police found more than 13 ounces of marijuana under the front passenger seat where Barnes, 24, was seated.

Police removed three individuals from the car, court records show, and “without being questioned, Barnes voluntarily verbally took ownership of all the suspected cannabis.”

Officers also found 3 grams of marijuana on Barnes’ person and 11 individually packaged bags of marijuana on another man in the car.

Barnes was arrested on charges of marijuana possession with intent to sell, marijuana possession over 20 grams and possession of less than 20 grams of marijuana. He was released from the Leon County Jail on a $5,500 bond.

Barnes was one of four defendants in the Aug. 20, 2013, murder of 27-year-old Jessee Rollins, whose body was found in the middle of FAMU Way after police said he was kidnapped and robbed. Rollins was found by TPD officers with gunshot wounds to the back of the neck.

According to court records, surveillance video shows that five men kidnapped and robbed Rollins last August outside of the apartment complex of one of the defendants, Octavious Hutchinson, who is facing charges of armed robbery with a firearm and kidnapping to facilitate a felony.

Assistant State Attorney Jack Campbell said Barnes’ trial was expedited when his attorneys filed a demand for a speedy trial, meaning prosecutors must prepare their case within 60 days.

Barnes was represented by Monticello-based attorney David W. Collins.

Collins, who has 30 years of experience and served as an assistant state attorney in the 1980s under then State Attorney Janet Reno, said this is his first complete not guilty verdict that included murder since his first in 1991.

Collins said the speedy trial motion was demanded by Barnes, who did not want to be tried along with the other defendants.

He said shortening the preparation time for Campbell may have helped in the not-guilty verdict, which jurors returned within an hour.

“I think the short time period Mr. Campbell had with the case caused by the demand for speedy trial was a disadvantage for him,” Collins said. “It wasn’t his fault, but I was surprised.”

Campbell could not go into details about Barnes’ acquittal because the other three defendants in the murder case, Deron Williams, Brandon Ward and Steven Brown, still have to stand trial on charges of first-degree murder, robbery, carjacking and kidnapping with a firearm. They have a case management hearing July 8.

All three remain in the Leon County Jail without bond.

Original Article: https://www.tallahassee.com/story/news/local/2014/07/01/man-facing-pot-charges-days-after-being-acquitted-of-first-degree-murder/11903617/

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Witness testifies about harrowing night Hoyt Birge was murdered

Wed, 25 Apr 2018 20:49:00 GMT

Over a poorly placed blindfold of red duct tape, Peter Tournay could see his childhood friend being beaten before being shot to death.

The 34-year-old recounted to a jury Wednesday how Hoyt Birge was beaten with a hammer, fists and the butt of a rifle by at least four armed men. Then he saw Birge shot at close range with an AK-47, ending his life on May 8.

Tournay was the first witness to testify at the murder trial of 29-year-old Paige Vowell. She is one of eight suspects to face trial in connection with Birge’s murder during a drug deal turned robbery.

Vowell is accused of first-degree murder, two counts of kidnapping, armed carjacking with a firearm and accessory after the fact.

Patrick Berrane, Page Briggs, Jesse Fox, Brittney Guthrie, David Howard, Vicki Strickland and Stanley West have also been arrested in connection with the murder. They face trial in September.

More coverage of the Hoyt Birge murder:

During opening arguments, Assistant State Attorney Georgia Cappleman said Vowell was responsible for luring Birge and Tournay to a Mission Road duplex to buy commonly abused prescription opioids called “blues,” and then helping to clean up the crime scene after the shooting.

“Not one person called for help,” Cappleman said. “What did they do? They tried to cover it up. This defendant was an integral part of the plan. This defendant knew exactly what was going to go down.”

“Based on the inconsistencies, you’re going to have to try and figure out what’s credible and what’s not,” he said during his opening remarks. “Despite what other people may have knowledge of what they intended to do, it will be clear that the sole purpose of Mrs. Vowell contacting Mr. Birge was to get high.”

Tournay told jurors it was not unusual for Birge and Vowell to meet and use drugs together, but he didn’t have pills to sell her.

At about midnight, Tournay said he and Birge met up at the house where Briggs and Vowell lived. Tournay brought 10 pills, which he planned to sell for $175, he said.

They went into the house and were greeted by Vowell and Strickland. Within moments, four armed men came out of a back room. They beat Birge, Tournay said, and during the scuffle, Berrane shot Birge while he lay on the floor bleeding.

“They were hitting him in the face and a piece of his skin and eye was hanging off,” Tournay told jurors somberly. “And I heard a gunshot go off.

“The room was silent. The shot went off and he just laid there still. Within a few seconds, I heard someone say, ‘He’s gone. He’s dead.’”

Tournay described a panic inside the house as the suspects discussed what to do with the body. He said the two women were involved in the discussion.

They discussed taking the body to rural Jefferson County to cut it up and bury it or to take it to Gainesville. They gathered saws, trash bags and shovels while Vowell and others scrubbed blood off the walls, Tournay said. While Vowell was cleaning, he said she went through Birge’s pockets and asked where the pills were.

He was asked to help carry the body to the trunk of his mother’s car outside. Tournay begged for his life as Howard and Berrane drove around with Birge’s body in the car. Tournay convinced them to take him to his mother’s house off East Mahan Drive where he was able to escape and call the Leon County Sheriff’s Office.

Birge’s body ultimately was found in the trunk at a student housing complex on Woodward Avenue.

“No,” Tournay answered.

Collins also homed in on Tournay’s past. He has been convicted of 11 felonies and 14 misdemeanor charges including passing worthless checks, forgery, grand theft. He faces charges of trafficking in methamphetamine and DUI from December.

“He’s the only uncharged witness in this case,” Collins said. “The issue is what you believe Mrs. Vowell’s involvement was and her knowledge leading up to this case.”

Original Article: https://www.tallahassee.com/story/news/2018/04/25/witness-testifies-harrowing-night-hoyt-birge-murdered/549845002/

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Suspended Jefferson County Clerk suing Gov. Scott

Tue, 20 Mar 2018 19:48:00 GMT

JEFFERSON CO., Fla (WCTV) — Kirk Reams is filing suit against Governor Rick Scott and the State Senate President.

This all stems from his recent criminal case. He was charged with petit theft, accused of allowing his former girlfriend to use a county-owned computer.

Governor Scott suspended Reams from his clerk post last Fall, and a jury found him not guilty in January. However, he still has not been reinstated by the governor after being suspended following the arrest.

Reams’ attorney says these actions are unconstitutional and go against the 14th Amendment, and the suspension may have nothing to do with the legal process.

“There were additional sections in the executive order accusing Mr. Reams or maleficence and misfeasance in office that the Governor, I believe, relies upon to keep his suspension in effect,” said David Collins.

During the legislative session this year, the senate did not hear Reams’ case. According to the complaint, if there is no special session, he will not have his due process until possibly May of 2019.

We reached out to the Governor’s office for comment about the suit Tuesday. They responded with just eight words: “We will review it when we receive it.”

Original Article: http://www.wctv.tv/content/news/Jefferson-County-clerk-faces-charges—451185723.html

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Jury finds Kirk Reams not guilty

Tue, 16 Jan 2018 19:52:00 GMT

Following a four-plus hour trial on Thursday, Jan. 11, a jury of four women and two men barely took 20 minutes to deliver a verdict of not guilty.

“I feel vindicated,” Reams told the Monticello News. “I feel redeemed. I’m not trying to be naïve, but if you feel you didn’t do anything wrong, it’s restorative. I put my faith in the justice system, and my faith was well-founded.”

Reams said that to him the most positive and humbling part of the trial occurred during the jury selection process. He said that when the judge asked the 90 or so prospective jurors how many knew Reams, about 80 percent of those present stood up.
Particularly moving, Reams said, was to hear what the jurors had to say about him when they were questioned individually by the judge and attorneys to determine if they would be selected for the jury.

“It was humbling to hear 98 percent of the people say good things about me, my family, and the job I did,” Reams said. “I think it was also an eyeopener for the judge and state attorney to hear how they felt about me and the job I did.”

He expressed gratitude to the hundreds of people who he said reached out to him via emails, text messages, phone calls or in person to express support. “I want to thank the friends and supporters who didn’t stop believing in me, who prayed for me and kept me in their thoughts,” Reams said.

His goal now, he said, was simply to get back to work and serve the people of Jefferson County. “I feel I have the support of my coworkers, my colleagues and the overwhelming portion of the community that’s behind me,” Reams said. “I just want to get back to work.”
Reams’ job, however, remains in limbo despite the jury’s exoneration. That’s because the Governor suspended him from office in October following the petit theft charge, and the Governor is now saying that it’s not up to him to reinstate Reams.

In response to a query to the Governor’s office by the Monticello News as to the status of Reams’ reinstatement following his exoneration, it appears that the matter rests with lawmakers. “In accordance with the Florida Constitution, this issue will come before the Florida Senate,” was the email response from Lauren Schenone, press secretary for the Governor’s office.

The response did not indicate who would introduce the issue to the Senate, when it would be introduced, or whether it would be taken up by the entire Senate or a committee.

If nothing else, Thursday’s trial showed that the state’s case against Reams was at best weak. The entire case narrowly focused on Reams lending an unauthorized county-owned computer to his then girlfriend for her personal use between January 2013 and January 2014.

The state called on eight witnesses to establish that Reams had given the computer to his former girlfriend and that she had used it for her personal purposes. Among the eight witnesses were a Florida Department of Law Enforcement (FDLE) agent, an FDLE analyst in the digital evidence section, and a civilian electronics expert who owns a computer business.

The defense, which produced no witnesses, never disputed that Reams had given the laptop to his ex-girlfriend. Attorney David Collins instead focused on three key points: the computer had not been stolen (it was in a courthouse closet/IT storage room when the FDLE had come looking for it); Reams, under county policy, had the authority as a department head to dispose of property under $1,000 worth of value however he saw fit (per the state’s own expert witness, the laptop’s worth was between $150 and $250); and had Reams wanted to subvert the investigation, he could have destroyed or caused the laptop to disappear or instructed his staff not to cooperate with the investigation.

Collins bore down in particular on FDLE investigator Troy Cope. Collins established that the laptop in question was part of six computers purchased in 2010 for an intended countywide IT section that Reams had envisioned but that had never come to fruition. As it was, five of the six laptops had languished unused in a closet/storage room in the courthouse since 2012, when the IT section had effectively come to an end.

Collins questioned if Cope had discovered during the course of his investigation that Johnny Abroms, who had been in charge of the fledgling IT section, had allowed his girlfriend to use his county-owned computer? Cope admitted knowing about Abroms’ situation.
Collins wanted to know why then Abroms hadn’t been prosecuted?

“What makes that any different from what Kirk Reams did with his girlfriend?” Collins asked. Cope said a fine distinction existed. Abroms, he said, had let his girlfriend use the county laptop in his presence, while Reams had allowed his girlfriend to take the laptop off county grounds. Also, Abroms’ girlfriend had not possessed the laptop for a year, he said. Cope, however, conceded that he could not say with absolute certainty that Abroms’ girlfriend had never taken the laptop off county grounds.

Collins showed Cope a copy of the county’s capital asset policy stating that department heads such as Reams had the authority to dispose of property under $1,000 of value by selling, donating or cannibalizing it, without need of County Commission approval. Cope acknowledged the apparent existence of the policy. But, he observed, the policy required that as part of the disposal procedure, a form be completed, which Reams had failed to do.

Collins also bored down on computer expert Franklin Bowden. The latter conceded under questioning that his determination of the laptop’s value was based on the 2010 purchase order, not on an actual examination of the particular laptop.

Indeed, when Assistant State Attorney MacKenzie Hogan pressed Bowden to project the laptop’s value in today’s market, the latter said he would at most put a $300 price tag on it. “But I would not expect to get $300,” Bowden said. “I would probably get between $250 and $150.”

Hogan did her best with the case handed her. Diligent, soft-spoken and professional throughout, she emphasized the case’s straightforwardness in her closing argument. The defendant, she said, had taken a laptop, allowed it to be used for personal purposes, and in the process had deprived Jefferson County taxpayers of their property. And that, she said, constituted theft. What’s more, she said, the laptop had a value, even if it was $300 or less.
“These are the facts of the case,” Hogan said. “They are simple and straightforward.”

Collins in his closing argument was by turns personal, plainspoken and folksy. He reiterated the history of the short-lived IT section, the laptop’s low value, the county’s capital asset policy giving Reams the authority to dispose of undervalued county property, and the lack of intent on Reams ‘ part to deprive the county of its property. He also cited the lack of prosecution of Abroms for similar behavior and expressed dismay bordering on a potential loss of faith in the institution of law that the state would dedicate resources to prosecute so minor an issue.

“To commit a crime you have to have an intention,” Collins told the jury. “There is no evidence that Kirk Reams intended to commit a crime. Look at the evidence. What did Jefferson County lose by Kirk letting this young woman use the lap top for her business? What is the crime? He was helping someone. That’s all he did. That’s not a crime.”

He used the example of a child sneaking into his father’s pants’ pocket, taking out a couple of quarters to buy bubblegum, and later replacing the two coins without the father’s knowledge. Where was the crime int that, he asked. And likewise with the laptop, which had been returned to the county before the FDLE had come looking for it.

In criminal cases, the prosecution gets two chances at the jury in the closing arguments, before and after the defense’s presentation.

Hogan in her second address to the jury was more animated and forceful in her presentation. Yes the system had flaws, she said, but Reams had nonetheless committed a crime. “Taking something even temporarily is still a crime,” Hogan said. “It isn’t the crime of the century, but it’s still a crime. It’s not a defense that because the property came back it’s not a crime. We’re not here to talk about Abroms; we’re here to talk about Reams. And we have to hold people accountable. No one is above the law, not even elected officials.”

Original Article: http://www.ecbpublishing.com/jury-finds-kirk-reams-not-guilty/

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People Magazine Investigates – Marked for Murder

Mon, 18 Dec 2017 16:56:00 GMT

Friends and family are stunned when an esteemed criminal law professor and father of two, is executed in his garage. Investigators follow a series of leads that take them on a statewide hunt through Florida, in search of the murderous masterminds.

Original Article: https://www.investigationdiscovery.com/tv-shows/people-magazine-investigates/full-episodes/marked-for-murder

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Killer sentenced to just seven years in plea deal in murder-for-hire of FSU professor that police believe was bank rolled by the victim’s former in-laws

Wed, 05 Oct 2016 20:42:00 GMT

Luis Rivera, who is already serving a 12-year sentence in federal prison for an unrelated charge, was sentenced to an additional seven years behind bars as part of a plea deal he agreed to at a hearing.

Prior to his hearing on Tuesday, Rivera was facing first-degree murder charges, which carries a maximum penalty of death. Instead, he has pleaded guilty to second-degree murder.

Chief Assistant State Attorney Georgia Cappleman said that Rivera’s cooperation will help authorities piece together more clues and eventually make more arrests in the case.

‘It’s a necessary evil,’ Cappleman said. ‘Otherwise, you’re looking at the possibility of other culpable parties not facing any ramifications for their role in the crime.’

Authorities had said that Rivera and another man, Sigfredo Garcia, traveled from South Florida to Tallahassee in July 2014 and gunned down Florida State University professor Daniel Markel in his garage in the middle of the day.

Garcia has pleaded not guilty.

Original Article: http://www.dailymail.co.uk/news/article-3822655/Killer-sentenced-just-seven-years-bars-striking-plea-deal-sinister-murder-hire-plot-police-believe-bank-rolled-family-victim-s-ex-wife.html

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Suspect pleads guilty in Dan Markel murder case

Tue, 04 Oct 2016 20:40:00 GMT

He was sentenced to 19 years in prison, which will run concurrently with another sentence he is already serving in federal prison.

The deal will spare Rivera the possibility of a life sentence, but requires Rivera to testify against co-defendants Sigfredo Garcia and Katherine Magbanua.

We talked with lead prosecutor Georgia Cappleman about the impact of this plea agreement.

Cappleman told us, “I can’t say I’m happy about the plea agreement but I think it’s a necessary step to move forward in getting the most justice we can out of this case … Mr. Rivera has agreed to cooperate and testify truthfully in all proceedings that may come in the future.”

“What kind of impact would that have on the other co-defendants in this case?” we asked.

“I hope it will have a negative impact on the other defendants. Hopefully his testimony will be compelling to a jury if we get that far,” Cappleman told us.

Cappleman says Rivera already gave a statement to investigators that implicated Katherine Magbanua in the murder plot. Cappleman says her arrest would not have happened without it.

“How critical is Rivera’s testimony? Could you have moved forward with charges against Ms. Magbanua without him?” we asked.

“I could not have moved forward without something else other than what I had prior to having Mr. Rivera’s cooperation secured,” Cappleman told us.

“But now you need Ms. Magbanua’s cooperation?” we asked.

“Well, we’ll see. We’ll see,” Cappleman said.

Cappleman refused to comment on whether Rivera implicated anyone else in the murder scheme or whether any other arrests are imminent.

Cappleman says Rivera provided the gun and drove the Prius seen leaving the scene of the crime. She told the judge Sigfredo Garcia was the trigger man in Markel’s murder.

We did try to talk with Luis Rivera’s attorney after Tuesday’s hearing, but have not yet been able to speak with him.

Neighbor and close friend of Dan Markel, Reggie Garcia, shared his feelings about Rivera’s plea deal and said, “Honestly, my first reaction was that seven years is awful low for the guy who rented the car, drove the car and provided the gun. But, I certainly trust our prosecutors that are clearly needing his help to convict more culpable co-defendants”

Reggie continued to say, “Whenever I pass by his home I think of a 41-year-old man, deep Jewish faith, struck down in cold blood in the prime of his life. His two sons will grow up without a father, so some measure of justice was done today, hopefully more is coming.”

Original Article: http://www.wctv.tv/content/news/Plea-deal-reached-for-suspect-in-Dan-Markel-murder-395824991.html

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Prosecutor: Plea deal a ‘necessary evil’ in Markel case

Tue, 04 Oct 2016 20:26:00 GMT

Rivera, a known gang leader, pointed investigators to a long-sought third suspect, Katherine Magbanua. He also told prosecutors he supplied the gun, drove the car to the scene of the crime and that his co-defendant Sigfredo Garcia was the shooter in the murder-for-hire plot that spanned from Miami to Tallahassee.

For the 33-year-old’s cooperation, Rivera was sentenced to 19 years in prison. He pleaded guilty to the lesser charge of second-degree murder Tuesday afternoon. As part of the deal, Rivera will serve an additional seven years on top of his 12-year federal sentence on unrelated charges.

His attorney, Chuck Collins, was not available for comment following the plea hearing.

Tensions flare in Markel case after unexpected document drop
Rivera was facing one count of first-degree murder and the death penalty before Tuesday’s plea hearing. His trial was two weeks away. Rivera was arrested in May at a federal facility where he was serving time.

Chief Assistant State Attorney Georgia Cappleman said getting Rivera’s help is a step forward in bringing to justice others she believes are involved in the plot.

“It’s a necessary evil,” Cappleman said. “Otherwise, you’re looking at the possibility of other culpable parties not facing any ramifications for their role in the crime.”

Investigators say Markel’s former in-laws orchestrated the 41-year-old’s killing.

Tallahassee Police Department and the State Attorney’s Office point to Markel’s acrimonious divorce with his ex-wife Wendi Adelson and her family’s desire to move their young children to South Florida as potential motives for the murder.

Her brother Charlie Adelson and mother Donna Adelson have been implicated in the plot, according to court records; however, prosecutors have not approved arrest affidavits drafted by TPD.

While Rivera’s testimony helped nab Magbanua Saturday in Broward County and will help make the case against her during a grand jury hearing, Cappleman stopped short of saying it was the tipping point in charging the Adelsons.

Original Article: https://www.tallahassee.com/story/news/2016/10/04/plea-deal-could-possible-markel-suspect/91538108/

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Last Night’s ABC News 20/20 Program On The Dan Markel Murder: In-Laws & Outlaws

Sat, 17 Sep 2016 20:36:00 GMT

ABC reports that one of the alleged hit men (Luis Garcia) is negotiating with prosecutors to provide evidence implicating others in Dan Markel’s murder in exchange for a reduced sentence in his case.

Original Article: http://taxprof.typepad.com/taxprof_blog/2016/09/last-nights-abc-news-2020-program-on-the-dan-markel-murder-in-laws-outlaws.html

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Rivera’s trial in Markel murder set

Thu, 08 Sep 2016 20:37:00 GMT

In a court hearing Thursday, Rivera’s attorney Chuck Collins motioned for a speedy trial. Rivera will be split from his co-defendant Sigfredo Garcia, who will stand trial Nov. 14.

Investigators say the two men were enlisted to kill Markel, a 41-year-old Florida State University law professor, at his home in July 2014.

The State Attorney’s case centers on various pieces of evidence, including cell phone records that track the men driving from Miami to Tallahassee in a rented Toyota Prius.

Prosecutors also have surveillance videos showing the men tailing Markel the day he was killed. The state also identified two witnesses who spotted the men in Tallahassee — a man who sold Garcia cocaine and rented the men a hotel room and another person who saw them near a trail bordering Markel’s home the day before he was shot.

Attorney Chuck Collins speaks to the press about his client Luis Rivera, one of two men accused in the killing of Dan Markel, at the Leon County Courthouse after a pre-trial hearing on Thursday, Sept. 8, 2016. (Photo: Joe Rondone/Democrat)

Investigators with the Tallahassee Police Department and State Attorney’s Office point to Markel’s acrimonious divorce with his ex-wife Wendi Adelson and her family’s desire to move their young children to South Florida as potential motives for the murder. Her brother Charlie Adelson and mother Donna Adelson have been implicated in the murder-for-hire plot. The Adelson family has denied any involvement in Markel’s slaying through their attorneys.

Police say more arrests are expected. Evidence linking the family has not been publicly disclosed.

Original Article: https://www.tallahassee.com/story/news/2016/09/08/river-trial-markel-murder-set/89995590/

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Markel murder marks two years

Mon, 18 Jul 2016 20:28:00 GMT

It was a case that many thought would baffle investigators for years. Possibly forever.

On a sunny summer morning two years ago today, prominent Florida State legal scholar Dan Markel was killed in broad daylight in his garage with two gunshots to the head .

Tallahassee Police fanned out down Trescott Drive in Betton Hills. The hope was someone saw something. Anything.

Then the break. In late May, the case erupted in a flood of details with the arrest of two men and police for the first time calling Markel’s killing a murder for hire .

On May 26, 34-year-old Sigfredo Garcia was picked up near his home in Miami Beach in a swarm of federal, state and local police.

But once he was transported to Leon County, documents were released containing details that connected the family of Markel’s ex-wife to his murder and also revealed a rift between State Attorney’s Office investigators and police.

The documents named a second suspect, 33-year-old Luis Rivera , a Miami leader in the national gang syndicate the Latin Kings serving a 12-year sentence for a racketeering conviction.

He and Garcia were indicted on first-degree murder charges in mid-June. The state is seeking the death penalty for both men.

The motive for Markel’s murder, court documents say, “stemmed from the desperate desire” of the family of his ex-wife Wendi Adelson to allow the couple’s two young sons to move to South Florida.

Documents implicate Adelson’s mother Donna Adelson and brother Charlie Adelson as co-defendants in the plot. Police say more arrests are expected.

They fought in court filings over furniture, financial disclosures, family heirlooms and visitation times.

Markel sought to limit the children’s unsupervised time with Adelson’s mother.

Both Charles Adelson and Donna Adelson work at the family’s South Florida dental office. Charlie Adelson’s attorney maintains he was in no way involved in the murder plot .

The link between Markel, the Adelson family and the two alleged hitmen, prosecutors say, is Katherine Magbanua, a woman who worked in the Adelson’s dental office and is a former girlfriend of Charlie Adelson.

She is also the mother of two of Garcia’s children and in late June was named as a suspect.

She was one of Charles Adelson’s top cell phone contacts around the time Markel was killed and was the first person Garcia called after the murder.

Police say email evidence indicated Adelson’s parents, particularly her mother Donna Adelson, wanted her daughter to “coerce” Markel into allowing the boys to move to South Florida.

Rivera and Garcia were “enlisted” to kill Markel, court records say. Investigators say the two men drove from Miami in the rented Prius two days before the killing and stayed in a series of hotel rooms.

The day Markel was shot, they followed him around Tallahassee as he dropped his kids off at daycare and went to the gym before following him home and shooting him, prosecutors say.

In an interview with police, Rivera denied ever being in Tallahassee but changed his story when presented a photo of he and Garcia in the Prius suspected of being at the scene.

Monticello attorneys David and Chuck Collins have been appointed to represent Rivera, who was transported to Tallahassee at the end of June .

Chuck Collins called prosecutors’ case circumstantial.

“We have a homicide, obviously,” he said. “But other than cell phone records and evidence of Mr. Rivera and Garcia being in the area what other evidence do we have linking them to the homicide?

“If this is all they got, I think the state has a real problem.”

Garcia will appear in court today for a case management conference. Rivera’s next court appearance is scheduled for Aug. 1.

Original Article: https://www.tallahassee.com/story/news/2016/07/18/break-case/87156124/

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Hawkins sentenced to life without parole in murder of FAMU grad

Fri, 25 Mar 2016 20:25:00 GMT

There were tears in the crowd, tears on the witness stand and tears in the jury box as members of Aaron Goodwin and Hawkins’ families testified.

Jurors, deliberating for an hour, sentenced Hawkins to life in prison without the possibility of parole. Late Thursday night, he was convicted of felony first-degree murder in the May 13 death of 24-year-old Goodwin.

The FAMU alumnus was found inside the burnt remains of his South Adams Street sneaker boutique. His car was found on fire outside Wacissa on the same morning. Jurors determined Hawkins, who faced the death penalty, set the fire that killed Goodwin after stealing 40 pairs of the refurbished shoes he sold.

But jurors opted for life in prison. He will serve 55 years in addition to the life sentence after also being convicted of robbery, arson, tampering with evidence and grand theft of a motor vehicle.

At times choking back tears, Goodwin’s family and friends told jurors about his giving, entrepreneurial attitude and impact on nearly every life with which he came in contact.

His cousin, Letitia Tolbert, remembered him as a hard-working “entrepreneur. A mogul and a maverick in the making,” who often spent his time volunteering at elementary schools, studying in the library or helping others in need when he wasn’t working.

“He accomplished so much and touched so many lives and in doing so, he inspires others to get better each day,” Tolbert said. “Although Aaron isn’t with us physically, we know that he is spiritually in our hearts.”

Johnny House III, his business partner and friend, said despite the pain of loss, closure has finally come.

“I know the family has lost a son, nephew and uncle who was rewriting the family story,” he said. “Countless friends have lost the ability to make lasting memories with someone the loved, admired and cherished.”

Goodwin, a Rockledge native, graduated from FAMU in spring 2014 with a bachelor’s degree in architecture. He was one class short of getting his master’s degree in facilities management and was set to be enrolled in 2015 summer classes at the time of his death.

Posthumously, Goodwin was awarded his master’s degree.

Two others, Zachary D. Jones, 26, and former Lincoln High School student Marvin Barrington, 23, face charges of accessory after the fact felony murder. Investigators say after the robbery, they gave Hawkins a ride to Jefferson County, where he burned the car and then drove him back to Tallahassee.

Defense attorneys called Hawkins’ family members to the stand during sentencing proceedings. His mother Ginger Hawkins, said she raised her three children nearly alone while her husband struggled with substance abuse.

She said prior to the murder, her son had become homeless and had started hanging out with Jones and Barrington, who were friends of his older brother and were bad influences on her 23-year-old son.

He was a follower easily swayed by peer pressure, not a leader, she said.

His paternal grandmother, Florida “just like the state” Hawkins described her grandson as a “rambunctious, all-American” child. While he was growing up, she tried to impart the values of right and wrong in him. The person she saw in court was not the grandson she knew.

“I could not believe it,” she said of when she heard he was accused of murder. “And I still don’t.”

As she was helped down from the witness stand by bailiffs, Florida Hawkins blew her grandson kisses.

Prosecutors told jurors Hawkins called the store 11 times the day of the murder and committed the crime for financial gain. He started the fire to avoid being caught. He sold the shoes for $300 and two ounces of marijuana.

But he didn’t have to kill Goodwin, who was bound with his own belt, choked and beaten before being burned alive, said Eddie Evans, assistant state attorney for the 2nd Judicial Circuit.

“Did he ever show by his actions that he cared about what Mr. Goodwin was going through when he choked him?” Evans asked jurors during his closing arguments. “Aaron Goodwin was laying in that store, tied up fighting for breath; fighting for his life. (Hawkins) could choose between right and wrong. Had been able to all his life. He chose wrong.”

Hawkins’ attorney Chuck Collins said despite the sentence, he was pleased his client was spared the death penalty.

“Obviously, it was a relief. These aren’t easy cases,” he said. “(Jurors) knew or they believed Mr. Hawkins was involved… I believe they found this wasn’t a premeditated murder and I believe that is why they didn’t find this was cold, calculated and premeditated.”

Dozens of Goodwin’s family and friends attended every day of the week-long trial. After the conviction and sentencing, they expressed relief.

“The last 24 hours for our family has been a blessing. It’s been a miracle,” said Goodwin’s cousin Daniel Davis surrounded by family after the sentencing. “We have been praying and holding tight and asking for justice and it’s been a relief. What was going through our mind is we just want justice. The justice system got it right.”

During closing arguments, prosecutors showed a photo of Goodwin’s body in the charred remains of his once profitable business. Both Hawkins and Goodwin’s families broke down crying. Some left the courtroom. Jurors appeared shocked by the image.

Around 4:30 p.m., as she left the courtroom, her grandson having been taken into custody for the rest of his life, Florida Hawkins blew kisses to Aaron Goodwin’s family.

Original Article: https://www.tallahassee.com/story/news/2016/03/25/hawkins-test-new-sentencing-rules/82247854/

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Former Police Captain Files Suit vs. City of Jasper

Thu, 29 Jan 2015 20:55:00 GMT

James ‘Mike” Cohen says he had the chief’s permission to umpire while on duty and was arrested anyway.

Mike Cohen worked as a captain at the Jasper Police Department when he says he was forced to resign in November 2013 and arrested a month later on charges of official misconduct and grand theft.

Those charges were dropped and he is now suing the city for conspiracy, false arrest and malicious prosecution.

“I felt I was did wrong. I didn’t do anything. I was doing what I was given permission to do, and then the next thing you know, I am facing three felony charges for doing what I was allowed to do. I mean, it’s just not right,” Cohen said.

“I still can’t figure it out. Why did they do this to him? I just know it was wrong and that’s why we filed this lawsuit,” Cohen’s attorney David Collins said.

The controversy started here on the ball fields at the Hamilton County Recreation Center.

Cohen says when he was hired at Jasper P-D, the chief gave him permission to continue his work with children, coaching and umpiring games.

That’s why Cohen says he was stunned when he was forced out and charged with a crime – accused of getting paid by Hamilton County and the City of Jasper for the same time.

The suit seeks damages for damage to Cohen’s reputation and loss of earnings as he struggles to find work in law enforcement.

“You know, they look at you like you just beat the system. You know, a lot of people, ‘He got away.’ Some people talk, ‘He did it.’ And you hear it,” Cohen said of the impact to his reputation.

Both Jasper Police Chief Jeffrey McGuire and City Manager Charles Williams are named in the lawsuit.

Jasper city attorney Fred Koberlein says he cannot comment on pending litigation.

Updated by Julie Montanaro
May 14, 2014

A former police captain accused of grand theft and misconduct is no longer facing charges.

The assistant state attorney just dropped all charges against former Jasper Police Captain James “Mike” Cohen.

Cohen was arrested in December and accused of getting paid by Hamilton County and the City of Jasper at the same time

Court papers say he was seen umpiring softball games for the rec department while on duty.

Cohen’s attorney says several witnesses testified he did it with the chief’s knowledge and approval. He says Cohen was stunned by the arrest.

“You’re a longtime law enforcement officer. You’ve been held up by numerous publications for your good work with the youth, going above and beyond. You’ve had a distinguished military career and when these charges came down, it’s pretty devastating,” said Dave Collins, Cohen’s Attorney.

The assistant state attorney said in his notice that these charges “cannot be proven beyond and to the exclusion of a reasonable doubt.”

By: WCTV Eyewitness News
December 18, 2013, 2pm

Jasper, FL — 54-year-old James Michael Cohen, a former Jasper Police Captain, was arrested on Monday. He’s charged with one count of official misconduct, one count of grand theft, and one count of cheating.

Cohen resigned from the police department on November 15th this year.

According to police records, Cohen between, on or about, Oct. 10 and Nov. 12, 2013, unlawfully and with a corrupt intent to obtain benefit to himself, received unearned payment of funds from the city of Jasper for hours of unperformed police duties by falsifying official time report documents.

Original Article: http://www.wctv.tv/home/headlines/Former-Jasper-Police-Captain-Arrested-236421601.html

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Cat-hoarder ordered, again, to knock it off

Fri, 04 Jul 2014 20:54:00 GMT

County Judge Andrew Decker’s June 27 court order tells Craig Grant to “wind up” and “liquidate” all of his affairs by Oct. 1 and not accept any more animals or donations.

Grant avoided possible criminal charges after authorities discovered Caboodle Ranch was housing about 45 cats in violation of a May 2013 court order prohibiting him from having any animals again at the ranch.

Grant’s attorney, David Collins, said he could not “confirm or deny” the information that Grant was still accepting and caring for cats and soliciting donations. But the June 27 decision includes Grant moving his cat sanctuary to Georgia.

“We worked out the agreement based on the allegations. I don’t have personal knowledge that he was violating anything,” Collins said. “All the criminal charges were ultimately dropped against him and for all intents and purposes it is over and done with if he abides with the current order.”

Grant bought the 30-acre ranch in Lee in 2007, about 100 miles west of Jacksonville, after years of rescuing stray and homeless cats from the Jacksonville and Ponte Vedra Beach buildings where he worked as a maintenance expert.

But an undercover People for the Ethical Treatment of Animals investigation led to an early 2012 police raid and Grant’s arrest after sick and dead cats were found according to the Humane Society. Most of the 636 seized animals placed under Humane Society care in Jacksonville were ultimately adopted out.

After months of court hearings, Grant avoided trial and jail through deferred prosecution if he paid state and court costs and complied with a county ordinance on the maximum number of domestic animals on his property. If violated, he could face prosecution.

In recent weeks, appeals for food and funds have appeared on the Caboodle Ranch Facebook page, with a June 3 posting saying it is “back in business.” The Facebook page asked for volunteers to help maintain the property as Grant prepared for “Caboodle Too.” It also stated that on May 31 a letter from the state informed Grant that “all criminal charges have been dropped” and the deferred prosecution agreement is terminated.

But after a Facebook posting about Grant caring for a cat he said had returned to the ranch, he was ordered back in court June 27 to discuss if he had violated the original court order.

The resulting decision states that the current cat population can remain for 90 days, then must be removed to Georgia. Caboodle Ranch can no longer raise funds in Florida and must apply for charitable designation in Georgia. Madison County Animal Control can conduct random inspections to ensure the agreement is being met.

Collins said his client is ready to move, but he did not know where.

“This was stated in open court that he has benefactors that will help him re-establish to a very nice place in Georgia,” he said. “It was certainly a factor the court considered.”

Original Article: http://www.jacksonville.com/article/20140704/NEWS/801253045

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State Attorney Skip Jarvis Speaks Out After Withdrawing Re-Election Bid

Wed, 22 Aug 2012 20:23:00 GMT

State Attorney Robert “Skip” Jarvis is speaking out after he announced he is no longer seeking re-election.

On Monday, Jarvis said he was withdrawing from the current race- a direct result of an agreement between all parties involved in the investigation of claims that he misused government crime database computers. Jarvis released the following statement:

“When it was suggested that they would go after my thirty plus years retirement, the main thing I was counting on to take care of my wife after I am gone, guilt or innocence became irrelevant. I was not willing to take that risk.”

Jarvis currently serves as the state attorney for the third judicial circuit in Florida. His last day in office will be January 6, 2013.

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[UPDATE] August 20, 2012 @ 4:12pm

WCTV has now confirmed that state attorney Skip Jarvis is withdrawing his bid for re-election – a direct result of an agreement between all parties involved in the investigation of claims that he misused government crime database computers.

Jarvis currently serves as the State Attorney for the Third Judicial Circuit in Florida.

State Attorney Brad King tells WCTV that he agreed to drop the case against Jarvis if Jarvis withdrew his candidacy.

Jarvis’ last day in office will be January 6, 2012.

UPDATE: August 20, 2012

Robert Skip Jarvis will be resigning, effective January 7th, 2013. The long-time state attorney is withdrawing his bid for re-election.

Back in July, WCTV learned that state attorney Brad King was appointed by the Governor to seek a grand jury indictment against Jarvis. It stemmed from a claim that Jarvis misused government crime database computers to get personal information to use against his opponents.

The claim was filed by former Jarvis employee Michael San Filippo – and was investigated by the Florida Department of Law Enforcement.

We do not know if the two are related but will keep you informed of any new details as they come in.

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UPDATE July, 26, 2012

Attorneys for State Attorney Skip Jarvis question the motivation for the complaints against their client.

“I can go out on a limb a little bit, and say this maybe politically motivated because it’s getting aways away from some type of corrupt use of office,” said David Collins, Jarvis’ attorney.

Michael San Filippo filed the complaint. He worked under Jarvis, but was fired.

“Mr. San Filippo was an ex employee of Mr. Jarvis who was fired for misconduct and other matters,” said Collins.

San Filippo entered the current race in hopes of replacing Jarvis as State Attorney but has since dropped out.

San Filippo claims Jarvis misused government crime database computers to get personal information to use against his opponents, including San Filippo himself.

The Florida Department of Law Enforcement launched an investigation into San Filippo’s claim against Jarvis. They found enough information to move forward. That’s when Governor Rick Scott appointed State Attorney Brad King to pursue a grand jury indictment against Jarvis.

“Some people might ask why Mr. King as, you know, opposed to Mr. Cervone, or Mr. Meggs, or some other states attorneys who are closer,” said Collins.

Attorneys for Jarvis say they’re hopeful the appointment was not politically motivated.

“Mr. Jarvis and I believe Mr. Cervone, were, uh, one of a number of state attorneys that, to put it mildly, did not support Governor Scott,” said Collins.

Original Article: http://www.wctv.tv/home/headlines/163773906.html

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Caboodle Ranch Owner Speaks Out

Wed, 04 Apr 2012 20:52:00 GMT

“It’s one big happy family. And if you look at some of the Youtube video, and I encourage people to do that, you’ll see the cats hanging out together. And that’s something people just don’t believe, is how well they all get a long out here. There’s no fighting,” said Grant.

Grant was arrested back on February 27th. The American Society for the Prevention of Cruelty to Animals arrived that day to perform what they say was a rescue mission.

“I would more commonly characterize it as a raid, not an investigation, was done by a, a private interest group, not located in this county, that had an agenda. And it was a very one sided raid,” said Chuck Collins, an attorney representing Grant in the case.

Grant’s on-site manager, Nanette Entricken,said her own personal cats were also taken from her home.

“They’ve been gone to me five weeks today, and um, they refuse to return them, because they claim they’re state evidence even though they’ve never been on the ranch,” said Entricken.

For now, Grant and Entricken focus on improving the property. They requested a permit to upgrade the facility. A custody hearing for the cats was postponed this week so the County can review the request.

“To even remotely characterize this for one minute as criminal activity I believe is outrageous. And we we look very forward to defending it in court,” said Collins.

“We keep fighting because we’re not gonna stop until they come home. Both the Caboodle cats and my own. Because what was done was a total violation of our rights, and their rights,” said Entricken.

___________________________________

[UPDATE] Madison County, Florida – April 4, 2012 –

Caboodle Ranch owner Craig Grant is facing a class action lawsuit. Now, his attorney is speaking out. Grant was arrested following a PETA investigation back in February. Craig pled not guilty to animal cruelty charges. His attorney said anyone filing suit against his client should make sure they have their facts straight.

“I think that consulting the local veterinarians, animal control officer, even the state attorney’s office, might be a good idea to marshall the truthful facts, rather than rely upon blogs by outside interest groups,” says David Collins, attorney for Caboodle Ranch owner Craig Grant.

The ASPCA removed 692 cats from the ranch in what they call a rescue mission. People involved in the suit say grant used donations to the ranch for personal expenses.

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[UPDATE] Madison County, Florida – April 2, 2012 –

692 cats were removed from the property known as the Caboodle Ranch in February. Property owner Craig Grant was arrested at that time.

“Mr. Grant professes, and vigorously maintains, his innocence,” said Grant’s attorney, David Collins.

Grant would take in unwanted cats for a $100.00 fee. Grant said that money was for food and care for the cats.

Donors to the ranch who’ve filed suit claim Grant misused that money .

In a press release, they stated they have proof Grant used funds for, “numerous financial transactions such as airline flights, trips to Las Vegas, tickets to Disney On Ice, and Daytona 500.”

“What does anyone get out of it? Outside of this guy is gonna maybe lose everything he has. No one else is gonna gain anything from it. The animals are already gone. They’re safe. Who’s gonna gain?” said George King, a Monticello resident.

Original Article: http://www.wctv.tv/home/headlines/Caboodle_Ranch_Cat_Sanctuary_Operator_Faces_Cruelty_Charges_140581263.html

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