Florida Criminal Defense Attorney Blog

There are many things that a police officer has to do during a DUI arrest that are mandated by the state of Florida. If an officer doesn’t follow those rules, the DUI arrest could be dismissed. That was the case in Polk County where 54 drunk driving cases have been dropped due to one sheriff’s deputy who did not follow those rules.

Polk County sheriff's deputy Tex Thomas has been disciplined and reassigned following an internal investigation into how he conducted his DUI arrests and filing out the reports that went along with those arrests according to an ABC Action News report. Thomas was accused of violating the “20-minute rule”, which mandates police officers observe a suspect for 20 minutes before giving a breath test. Thomas apparently wasn’t disciplined for that reason though. He was officially disciplined for copying information from an original DUI report into subsequent reports in order to save time.

Continue reading " 54 DUI Cases Dropped As Polk County Sheriff’s Deputy Is Disciplined For Breaking DUI Arrest Rules " »

Ten years ago a 16-year-old girl who was lost in St. Petersburg was lured into the home of a man who beat and raped her. According to the St. Petersburg Times, police have made an arrest in the case a decade later thanks to technology. A DNA hit led the police to the rapist and MySpace led them to his current location. Now 39-year-old Elliot Mack has been booked into Pinellas County Jail on charges of sexual battery.

Mack has a Florida arrest record dating back to 1990 according to the story but he never submitted a DNA sample until 2006 when he was arrested on burglary charges in Okaloosa County. In January 2007 his DNA went into the state database and 18 months later police in Pinellas County were alerted to the match. After the victim picked Mack out of a photo line-up, police tracked the alleged rapist to Texas through his MySpace page.

Continue reading " Police Make Arrest In 1999 St. Petersburg Rape Case Using DNA and MySpace " »

Gaylyn Batty was arrested following an Ybor City attack early Sunday morning in which he is accused of trying to rape a woman who accepted his offer for a ride home. Batty was charged with sexual battery by Tampa police. When the local news told the story and showed his mug shot another woman called authorities saying Batty tried to rape her as well, according to a story on TampaBay.com.

The woman said she met Batty a few times and invited him to her house. When they arrived Batty forced himself on the woman. She was able to escape and reported the attack to police but did not know her attackers full name until she saw the news report. Batty is now looking at additional battery charges following the latest accusations.

Continue reading " Man Arrested For Sexual Battery In Ybor City Attack Accused By Another Woman Following TV Report " »

The Florida Highway Patrol is asking for the public’s help in tracking down the driver who fatally struck and killed a 56-year-old woman Saturday night. According to TampaBay.com, the FHP is looking for a black car with front end damage including a broken headlight. If you have information on the hit-and-run call 727-841-4181, Ext. 0.

Marie Magee of New Port Richey was struck down and killed about 10:40 p.m. Saturday night. She was crossing S.R. 52 when a car hit her and then left the scene of the accident. The car drove away and headed east on Moon Lake Road.

Continue reading " Police Asking For The Public’s Help In Finding The Driver In A Fatal Pasco County Hit And Run Case " »

Tampa Police arrested Antonio Lamar Brooks on charges of aggravated battery with a deadly weapon following a September 24th assault. According to TBO.com officers say Brooks was drinking beer with 42-year-old Rodney Thomas. The two got into an argument and Brooks allegedly slashed Thomas’ face with a utility knife.

Thomas needed more than 150 stitches resulting from the assault. Brooks sliced Thomas from his left eye to his chin while the pair were walking on 15th Avenue in Tampa. Brooks is now in jail and his bail has been set at $15,000.

Continue reading " Tampa Man Needs More Than 150 Stitches In His Face After Assault With a Utility Knife " »

An Ybor City nightclub with a history of violence on its premises added another ugly chapter to its legacy this past weekend when 21-year-old Stephen Kreilkamp was shot multiple times including twice in the chest according to police and as reported on TampaBay.com. Police have already arrested a suspect as 20-year-old Khakem Jones of Tampa has been charged with attempted second-degree murder and carrying a concealed weapon. Kreilkamp is in serious condition following the incident.

According to the story there have been at least three fatal attacks at Club Empire and numerous other incidents the last seven years. Two bouncers were shot in 2002, another patron was shot in 2005 and a man from Temple Terrace was fatally stabbed in 2006. Another man was shot to death after being kicked out of the club for a fight with his alleged murderer. The suspect in the shooting is a Hillsborough High grad with no criminal record. The victim has a long list of arrests including violation of probation, aggravated assault and theft charges.

Continue reading " Twenty-One Year Old Shot Multiple Times Outside Of Ybor City Nightclub " »

A make-up artist will be brought in to cover up offensive tattoos on the face and neck of a neo-Nazi on trial for murder in Pasco, Florida. The tattoos have been acquired in the time since John Allen Ditullio Jr.’s arrest for a stabbing that took place in 2006 that left a 17-year old dead. One tattoo is an expletive and another is a swastika that cannot be covered by a shirt collar.

Ditullio’s defense lawyer successfully argued that the tattoos may intimidate or influence the jury and way them away from the facts in the case. The neo-Nazi is on trial for first degree murder and attempted murder. His lawyer argued that it was no different than allowing a defendant to change out of his jailhouse clothes and into a suit for trial.