Pasco County

Published on: April 28, 2009

Pasco County Criminal Lawyer New Update: New Port Richey, FL Man Charged with Attempted Murder, Aggravated Assault on Law Enforcement, DUI

by Whittel & Melton, LLC

Despite no known criminal priors, a 23-year-old is behind bars, according to the St. Petersburg Times, in Land O’ Lakes, Pasco County Jail, after a botched traffic stop on Friday night.

Allegedly during a “routine” stop for a missing tag and suspicion of ties to a recent burglary, the defendant tried to ram a Pasco County Sheriff’s Office cruiser in an attempt to hit a deputy who was out of his vehicle.

After the help of a K-9 unit tracking down the defendant who fled on foot, the young man was charged with attempted murder, aggravated assault on law enforcement officers, possession of marijuana, reckless driving and driving under the influence. Pasco County first appearance bond judge levied a bail amount of $120,450.

To make matters more complicated, one of the deputies involved in the apprehension of the defendant had a “ride-a-long” from the Pasco County Sheriff’s Office Explorer program with him. No doubt, that will be a night to remember for that volunteer youngster.

Published on: April 6, 2009

Pasco County Criminal Lawyer News Update: Dade City, Florida Judge to be Overruled by Appellate Court on Search Issue – Case to be Dismissed

by Whittel & Melton, LLC

A Dade City man charged and previously convicted of possession of marijuana over 20 grams, was given a second chance by the 2nd District Court of Appeals. As a result of the Second DCA’s ruling, the trial court’s denial of the defense’s Motion to Suppress filed to suppress all of the evidence collected (marijuana) as a result of an unlawful search will be reversed and the man’s case will now be dismissed. Amison, Jr. v. State, 2009 WL 839031 (Fla.App. 2 Dist.)

By way of background, a Florida Fish and Wildlife Officer in April of 2007 noticed a pickup truck backing out from a river bank. The officer activated his lights and stopped the vehicle for “a resource inspection.” According to testimony taken at the suppression hearing, the arresting officer was he smelled marijuana coming from the vehicle. Then, for officer safety both the driver and passenger were handcuffed and searched. After being handcuffed, they admitted to smoking a joint earlier and the vehicle was searched. The search of the truck resulted in the marijuana over 20 grams. This charge is a third degree felony punishable up to five years Florida state prison.

The 2nd DCA overruled the Judge stating that there is no extra exception afforded to Florida Fish and Wildlife for “resource inspections”. The court also explained that the officer still needed the normal “reasonable suspicion” to make such a stop and that all of the evidence should have been suppressed as fruit of an unlawful stop.

The interesting part of the case is that the Pasco County State Attorney’s Office at the trial court level supported their arguments with caselaw out of the Federal Court from the Northern District of Florida which is somewhat atypical–most attorneys would argue that the fact that the prosecution only had federal caselaw to support their position exemplifies the weakness of their case. The Florida’s Second District Court of Appeal agreed and found that those opinions aren’t binding. In fact, it appears that even the State’s appellate attorney abandoned the use of that case in writing the response to the appeal.

Published on: December 7, 2008

Tampa teens arrested for burglary

by Whittel & Melton, LLC

Three Tampa juveniles have been arrested on charges of burglary and grand theft auto. It is not clear at this time whether they will be treated as adults.

ABC Action News reports that the charges stem from an incident on East Jean Street on Friday. Thinking no one was home, Tampa Police say the juveniles cased an elderly Sulpher Springs woman’s home and then the teens broke in. The victim heard the noise created by the break in and she investigated, using her crutches. She surprised the juveniles who fled with keys to her van which also had her wheelchair inside.

The juveniles were apprehended a short time later in the same neighborhood when police stopped the kids in the stolen van. Police were able to recover victim’s specialized wheel chair from a dumpster. Grand theft auto is third degree felony holding a maximum penalty of five years. Burglary of an occupied dwelling is a second degree felony.

Published on: November 24, 2008

Port Richey Doctor sentenced to 33 Years In Prison For Child Porn

by Whittel & Melton, LLC

The Tampa Tribune is reporting that the Port Richey doctor convicted of possessing and receiving child pornography was sentenced this afternoon to 33 years and 9 months in federal prison.

The Doctor’s wife at the time was the person who alerted law enforcement to his criminal activity. She later testified against him at trial. Investigators say they found images of children as young as six on the Doctor’s office and home computers. At sentencing, family members of the Doctor testified to the Judge that they had been molested by the Doctor when they were children and that they have never been able to move on from the trauma that caused in their life.

The doctor’s medical license has been suspended indefinitely by the Florida Department of Health.

Published on: November 18, 2008

New Port Richey paramedic arrested for battery

by Whittel & Melton, LLC

According to a Sheriff’s Office report, New Port Richey Paramedic James McCormick was arrested for battery in relation to an altercation with his girlfriend. Allegedly, he and his girlfriend were arguing when McCormick grabbed her by the throat and started to choke her.

ABC Acton News reports that McCormick’s girlfriend scratched him with her fingernails trying to fight back, and thought she was going to die. McCormick told deputies a different side of the story, saying his girlfriend attacked him and he was just defending himself. The Sheriff’s Office is now trying to determine if alcohol played a role inthis incident.

McCormick has been arrested and is in jail on the battery charge. Depending on the severity of the woman’s injuries, under Floirda law, McCormick may be charged with a misdemeanor or felony battery–which could potentially hold a penalty of anything from probation to ten years in prison.

Published on: November 8, 2008

New Port Richey cop resigns after allegedly driving drunk

by Whittel & Melton, LLC

The St. Petersburg Times is reporting that Officer Christopher Sutherlin, accused last week of fleeing an accident in which he was driving drunk, resigned from the police force this week.

According to Florida Highway Patrol reports, last week Sutherlin rear-ended a pickup on U.S. 19 north of Main Street and sped away. The pickup driver followed Sutherlin until he was forced to pull over because of front-end damage to Sutherlin’s car. Early the next morning, Troopers arrested Sutherlin on charges of leaving the scene of an accident and later gave him a Breathalyzer test, which registered blood alcohol levels of 0.148 and 0.151 blood-alcohol level. (Florida law presumes a driver impaired at 0.08.)

Sutherlin is charged with DUI, DUI with personal injury and DUI with Property Damage as well as Leaving the Scene of an Accident. The Times reports that the police department began an internal investigation of the incident, which also involved Officer Joseph Pascalli, who was riding with Sutherlin. Pascalli, who had been part of the department’s DUI unit, is now working the midnight shift on patrol.

In a strange twist to the story, Joshua Vitori–who was driving the pickup Sutherlin struck– is a former Pasco County paramedic who resigned from his job last week as a result of accusations he stole $300 from a patient in his ambulance.

Published on: August 14, 2008

Pasco County State Attorney to charge Juveniles as Adults in Attempted Murder of Pasco County Sheriff’s Deputy

by Whittel & Melton, LLC

According to Nomaan Merchant of the St. Pete Times, attorneys from the Pasco County State Attorney’s Office confirmed their intent to charge two juveniles, ages 15 and 16, as adults for the attempted first-degree murder of a Pasco County Sheriff’s Deputy during an armed burglary.

It is alleged that the two teenagers shot at the Deputy during the burglary of a convenience store in Lacoochee when he blocked their escape route. Both teens could potentially face life in Florida state prison if convicted.

It is likely that the defense will move the court for a change in venue in light of the fact that victim in this case was a Pasco County Deputy as it would be unlikely to find an impartial jury to render a verdict in this matter. This case is an example of the State’s use of the felony-murder rule– which gives the State Attorney’s Office the ability to bring a more serious criminal charge if they allege that someone other than the defendant was killed, or attempted to be killed during the course of a dangerous felony, such as armed burglary.

Published on: July 29, 2008

Pasco County Clerk’s Campaign Signs in New Port Richey, FL Are Vandalized

by Whittel & Melton, LLC

According to Nomaan Merchant of the St. Pete Times, Pasco County Clerk of Courts Candidate and current Deputy Pasco Clerk Paula O’Neil has had upwards of 10 signs stolen or destroyed. Most were in the New Port Richey area, however others signs in Land O’Lakes, Hudson and Dade City were stolen.

The job of the Pasco County Clerk is an important role as that office is responsible for overseeing primarily all of the filings in State Criminal cases in Pasco County, both Felony and Misdemeanor.

Complaints were filed with the Pasco County Sherriff’s Office about the vandalism. In past years, State Attorney’s Offices have brought charges of Petit Theft or Grand Theft, depending on the amount of campaign signs destroyed. This event could also be charged as Criminal Mischief for those signs that were cut, ruined or damaged, but not taken.