Hernando County

Published on: December 26, 2008

Man Dies In Head-on collision; Second Driver Flees Scene

by Whittel & Melton, LLC

Hernando Today reports that a Hernando County man died early Saturday in a head-on collision on U.S. 19 at Grizzly Bear Lane.
Florida Highway Patrol spokesman said that two cars where were traveling in opposite directions along U.S. 19 where there is a 30-foot grass median separating the north and southbound lanes. FHP said that as the vehicles approached the median at the intersection of Grizzly Bear Lane, one of the vehicles crossed over and traveled into the path of the other vehicle, causing a head-on collision. The crash left both vehicles obstructing the southbound lands of U.S. 19 for four hours.

Unfortunately, one of the drivers died at the scene while the other driver fled the accident site on foot despite receiving serious injuries- but was eventually found and transferred to Oak Hill Regional Hospital for medical treatment.

Depending on the facts, Leaving the Scene of an Accident can be charged as a misdemeanor or a felony. For example, if a driver flees the scene of a car crash and it is clear that there are injuries, The State Attorney’s Office could charge the person who left with a felony, subjecting the defendant to prison time.

Published on: December 19, 2008

Three Brooksville residents suspected in Walmart theft

by Whittel & Melton, LLC

Hernando Today reports that three Brooksville residents have been charged with felony theft relating to a Walmart shoplifting incident.

Allegedly, the suspects reportedly walked out of the Wal-Mart on Cortez Boulevard with a television, then sold it to a person in the parking lot of a nearby liquor store. Deputies were called to intervene after an argument broke out between the seller and buyer. A deputy had a hunch that the TV was stolen property, but without a recent theft report from Wal-Mart, he could not prove it.

The next day, the same trio tried to walk out of the same Wal-Mart with a TV but was stopped at the door, a report states. The deputy returned to the Wal-Mart and reviewed the surveillance tape that showed the same perpetrators of the original theft.

Published on: December 16, 2008

No DUI charges expected in Hernando overpass truck crash

by Whittel & Melton, LLC

The dump truck driver who smashed his rig into an overpass at Interstate 75 and State Road 50 last week will likely not be charged in the incident, the Florida Highway Patrol said Wednesday.

Tampabay.com is reporting that FHP has nearly wrapped up its investigation of the crash involving a Brooksville man who said that the bed of his truck inexplicably started to rise as he passed under the overpass causing him to hit the first and second outside concrete beams that support the I-75 overpass. FHP is still waiting for a report from the state Motor Carrier Compliance Office on the truck’s most recent inspection but they have already determined that the driver was not under the influence of alcohol or drugs when he was driving the truck. No one was injured in the the accident.

The Florida Department of Transportation worked quickly to repair the damage to the bridge as more than 40,000 drivers use I-75 at that site each day, while another 19,000 travel along SR 50.

Published on: December 10, 2008

Brooksville woman charged with drug possession

by Whittel & Melton, LLC

Hernando Today is reporting that a Brooksville woman faces felony drug charges in relation to a traffic stop Sunday evening.

Police reports allege that deputies pulled over a red Saturn after receiving a report from detectives that there could be drugs in the car. After the stop, police found 3.5 grams of methamphetamine in several small plastic baggies, as well as marijuana.

As a result the driver, Vikki Sue Coleman, was charged with felony possession of methamphetamine as well with possession of marijuana and possession of paraphernalia. Coleman allegedly told a deputy she had been selling the drug for the last three weeks because she needed the money.

Published on: September 16, 2008

Brooksville, FL Undercover Prostitution Sting Leads to Arrest of 32 Alleged Johns

by Whittel & Melton, LLC

The Hernando County seat Brooksville, FL was the site for the Brooksville Police Department’s most recent undercover prostitution sting. This operation, according to Kyle Martin from the Hernando Today, took in 32 arrests this week.

Arrests for Prostitution, are often the target of Motions to Dismiss or Motions to Suppress Evidence due to the Entrapment issues that arise in these scenarios. Although Entrapment defenses arise in other cases–most notably drug crimes, sex crimes and theft cases–countless prostitution cases have also been dismissed where courts have found that a particular defendant was not predisposed to commit the crime, but for the persuading and manipulation of the undercover officer.

Like DUI, Prostitution has a tiered sentencing structure for multiple convictions. For the first violation, the State Attorney can charge a misdemeanor of the second degree. For the second violation, the State Attorney can charge a misdemeanor of the first degree, and for a third or subsequent violation, the State Attorney can charge a third degree felony.

Published on: August 6, 2008

Hernando County Grand Jury Indicts Brooksville, FL Man for Murder

by Whittel & Melton, LLC

The Hernando County State Attorney’s Office has filed a criminal indictment against a Brooksville, FL man charged with the 2006 murder of Patrick and Evelyn DePalma, an elderly couple living in Masaryktown, Florida. John Frank of the St. Petersburg Times reports there may still be other indictments coming down relating to the DePalma murders.

The State Attorney’s Office has yet to make a decision as to its sentencing goals in this matter, but the defendant could face the death penalty if convicted in these cases.

The DePalmas’ murder shocked the Hernando County community where they lived as they were much like any other elderly, retired couple living in the area. As a result, there has been a substantial amount of media attention surrounding the two-year investigation into the murders, which could make it difficult for the defendant to get a fair trial in Central Florida.

Published on: July 31, 2008

Florida’s 5th DCA does not disrupt Central Florida Criminal Bond of $500,000

by Whittel & Melton, LLC

Florida’s 5th DCA– the appellate body that reviews criminal cases in counties like Hernando County or Brooksville, FL, Sumter County or Bushnell, FL, Citrus County or Inverness, FL and Marion County or Ocala, FL, to name a few–declined to change a $500,000 bond ordered in a potential homicide case in Orange County.

Sheriff’s Office detectives originally arrested the defendant for child neglect, obstruction of a criminal investigation and false statements. The defendant is rumored to be linked to a potential homicide. At the first appeareance, the Prosecutors presented evidence of thier murder investigation and suspicions of defendant’s involvement. Although the defendant was only charged with the above, the Judge took the murder investigation into consideration when setting a bond.

Murder, which is defined in Florida Statute § 782.04, and Manslaughter, which is defined at Florida Statute § 782.07, are crimes that First Appearance Criminal Judges take a very serious look at when considering a request for Pre-Trial Release. Certainly, ties to the community and criminal background also play a role in a judge’s determintaion of bond. However, the danger to the community, potential flight risk and nature of the offense, along with any aggravating factors, are often the overriding when denying the petition to overturn the $500,000 bond. I am sure the judge took the murder investigation into consiteration when setting the high bond.

Published on: July 15, 2008

Hernando County Sherriff’s Office Employee escapes DUI charges in Brooksville, FL single car accident

by Whittel & Melton, LLC

According to both Joel Anderson of the St. Pete Times (“Why not DUI? No driver ID’d”) and Kyle Martin of the Tampa Tribune (“Sheriff’s Office Director Target Of Probe”), the Finance Director of the Hernando County Sherriff’s Office was involved in a single-car accident in Brooksville, Florida after allegedly running several cars off the road while being under the influence of both wine and sleeping pills. However, it should be noted that no sobriety tests were performed.

While the driver potentially faced charges for DUI, DUI property damage, Reckless Driving and Leaving the Scene of an Accident, the Deputy involved in the investigation elected not to go forward due to the unavailability of a “wheel witness”. What does this mean?

In this case, in order to prove DUI, Reckless Driving or even LSA – the State of Florida, represented by the Hernando County State Attorney’s Office, has to prove beyond a reasonable doubt that the defendant was driving at the time of impairment or the alleged criminal act (like for example, driving recklessly or leaving the scene of an accident). The State usually accomplishes this by simply having a witness (“wheel witness”) testify that the defendant was driving or behind the wheel. It can also be proven by what is called “Actual Physical Control.” These situations, commonly referred to as APC cases, usually come in two forms: 1) a defendant is slumped over the wheel in the middle of traffic, the side of the road or in a parking lot, or 2) after an accident.