Tampa Bay Criminal Defense Lawyer - death penalty? Part Two

By Nick Dorsten, Esq.

Part two of a possible death penalty case, story from an Orlando website...

OCALA, Fla. -- Six people, including a 15-year-old girl and three other teens, were arrested Tuesday in the murder of a 15-year-old Belleview boy, whose body was burned and shoveled into paint cans, according to the Marion County Sheriff's Office.

Detectives said the victim was attacked and shot Sunday after being lured to a home on 53rd Avenue in Summerfield.

According to deputies, the victim was hit in the head with a wooden object and shot multiple times by 18-year-old Michael Bargo, who is charged with first-degree murder.

The others arrested were:

•Charlie Kay Ely, 18, of Summerfield, who is charged with first-degree murder.
•A juvenile, 15, of Summerfield, who is charged with first-degree murder.
•Justin Soto, 20, of Summerfield, who is charged with first-degree murder.
•James Haven III, 37, of Summerfield, who is charged with accessory after the fact to first-degree murder.
•Another juvenile, 16, of Summerfield, who is charged with first-degree murder.

Deputies said those involved were involved in the planning and luring of the victim to the home.

On Tuesday, a woman told deputies her 16-year-old son had witnessed the victim's slaying in a house in Summerfield, near Ocala.

Authorities said the 16-year-old, who is not being identified because he hasn't been charged, told investigators the group plotted the slaying because Bargo hated the victim. The plan called for the female juvenile to lure him to the home by a text message.

Once he arrived at the house, deputies said, Ely and Bargo began hitting him in the head with wooden objects. According to the sheriff's office, Bargo then shot the victim several times. When the deceased tried to escape, Soto held him down while Bargo continued to shoot him, authorities said.

Then, according to the report, Bargo broke the teen's knees and group members hog-tied him and put his body in a sleeping bag, which was placed in a fire pit in the back yard and burned.

At that point, the sheriff's office said, the group used bleach to clean the house and shoveled his remains into 5-gallon paint cans.


Bargo was located and arrested in Starke, where he fled to stay with friends, deputies said.

The Sheriff's Office said it was later discovered that Havens was aware of the plan to kill the victim and assisted with the disposal of the remains. Havens also gave Bargo a ride to Starke in an effort to avoid capture, deputies said.

Investigators are still searching for a .22-caliber revolver used in the slaying. The Sheriff's Office said a dive team found a 5-gallon paint bucket weighed down by a cement block Wednesday afternoon in a lime rock pit off State Road 40 and the contents were being tested to determine if they contain the victim's remains.

Bargo has previously been arrested on burglary and theft charges.

Deputies told Local 6 News that Bargo and Soto were on suicide watch at the Marion County Jail. The juveniles were being held at the Marion County Juvenile Detention Center.

Have you or someone you love been arrested for a violent crime or a criminal offense? Then call the St. Petersburg criminal defense attorneys today for a free consultation!

For more information, or to speak directly with experienced St. Petersburg criminal defense lawyers please contact BLAKE & DORSTEN, P.A. at 727.286.6141 or email the lawyers your questions at: info@blakedorstenlaw.com. We are located at 4707 140th Ave N, Suite 104 in Clearwater, across from the criminal courthouse in the airport business center, minutes from Tampa and St. Petersburg.

Tampa Bay Criminal Defense Lawyer - death penalty? Part One

By Nicholas Dorsten, Esq.

From the CNN website, a local Florida case that is making headlines...

The suspected ringleader of a group arrested for allegedly luring a 15-year-old boy to a Florida home, shooting him several times, burning his body in a fire pit and putting the remains into paint cans, could face the death penalty if convicted, his attorney said Thursday.

But the defense attorney added, "We are not admitting any guilt at this time."

Michael Bargo, 18, appeared in court Thursday where he was denied bond in the killing of the victim, an act that allegedly involved five other people Sunday in the central Florida city of Ocala, according to a statement from the Marion County Sheriff's Office.

The victim and Bargo had dated the same girl, though not at the same time.

The victim at one point went to Bargo's home yelling and screaming in the front yard, threatening to burn down Bargo's house, the criminal defense lawyer added. CNN cannot independently confirm that statement.

Prosecutors say two females later lured the victim to the home, where he was beaten with a wooden object. He was then shot several times with a .22 caliber gun, authorities said.

As the wounded teen attempted to flee, he was tackled and shot again, according to the sheriff's statement. His body was allegedly placed in a sleeping bag and burned in a fire pit outside the home.

His ashes were placed into several paint containers and thrown into a large garbage can, authorities said.

Authorities said they learned of the alleged plot from a member of the group who admitted witnessing the killing.

Four adults and two minors have been charged in connection with the death.

Bargo, Charlie Kay Ely, 18; Justin Soto, 20, and two minors face first-degree murder charges, the Marion County Sheriff's Office said.

James Haven, 37, faces charges of accessory to the crime for allegedly helping to dispose of Jackson's remains and driving one of the suspects out of the area to avoid arrest, authorities said.

Sheriff's department documents gave little information on what led to the killing other than brief statements by suspects about a dispute and a growing hatred.

Divers on Wednesday found three paint buckets in a water-filled rock quarry that are suspected of containing the victim's remains, authorities said.

The contents of the buckets were delivered to a forensic specialist at the University of Florida in Gainesville to determine if the ashes and bone fragments match those of the victim.

Haven, who is not represented by an attorney, posted a $10,000 bond and was released Wednesday morning.

The two minors involved in the case are currently being represented by public defenders, who could not comment.

A jury trial that was expected to take place on May 2 has been postponed, said the criminal defense attorney.

Soto's public defender, would not comment on the case. Ely is not represented by an attorney.

Bargo also had a restraining order issued against him, forbidding contact with a person named Calib, who is not connected to this case.

Have you or someone you love been arrested for a violent crime or a criminal offense? Then call the St. Petersburg criminal defense attorneys today for a free consultation!

For more information, or to speak directly with experienced St. Petersburg criminal defense lawyers please contact BLAKE & DORSTEN, P.A. at 727.286.6141 or email the lawyers your questions at: info@blakedorstenlaw.com. We are located at 4707 140th Ave N, Suite 104 in Clearwater, across from the criminal courthouse in the airport business center, minutes from Tampa and St. Petersburg.

Tampa Bay Criminal Defense Lawyer - Shut up!

By Nicholas Dorsten, Esq.

From the Times website, an article that shows sometimes you need to know when to keep your mouth shut...

LARGO — Pinellas-Pasco Circuit Judge Philip Federico was speaking at a court hearing on Wednesday when the criminal defendant started talking over him.

That didn't last long.

"Go ahead and get him muzzled so we can bring him back in," Federico said to courtroom deputies. As they led the criminal defendant out, he shouted to prosecutors, "You burn in hell!"

The criminal had made a series of outbursts during a trial in March in which he was convicted of vehicular homicide and other charges such as fleeing and eluding, aggravated stalking and disorderly conduct.

When deputies brought the criminal back into the courtroom on Wednesday, his mouth was covered with what appeared to be duct tape.

It was a rare but not unprecedented case of a judge attempting to silence a disruptive defendant. In this case, the attempt wasn't completely effective — he kept right on arguing through his taped mouth.

"You guys need to go back to the drawing board on the whole tape thing," Federico told the courtroom deputies.

Robert Batey, a professor at the Stetson University College of Law, said the U.S. Supreme Court has upheld the practice of gagging defendants in some cases. He referred to a memorable case from decades ago when a judge ordered Black Panther Bobby Seale to be gagged during a trial.

In cases like this, judges face a balancing act: On one hand, some defendants are so disruptive that it's difficult for the court case to proceed. On the other hand, defendants generally have a right to be present in court. Gagging a defendant is a way to keep the court case moving, with the defendant in the courtroom.

Pinellas-Pasco Chief Judge Thomas McGrady would not comment on this specific case, but did comment in general on the practice of preventing a defendant from speaking in court.

"It's done rarely, but sometimes it's the most appropriate way to allow (a defendant) to stay but not be disruptive."

Chief Assistant State Attorney Bruce Bartlett said the criminal had repeatedly been disruptive in previous court proceedings, apparently attempting "to turn it into a big circus." He said Federico showed "a high level of restraint in dealing with him."

The criminal, 49, was arrested in 2008 after fleeing from police in a Nissan SUV, crashing into another SUV, and then smashing into a downtown Clearwater building. A victim, one of the passengers in the SUV that was hit, was killed in the crash.

Have you been arrested on fleeing and eluding or disorderly conduct charges? Then the Clearwater, Florida based Blake & Dorsten, P.A. criminal defense lawyers are at your service.

For more information, or to speak directly with experienced Clearwater criminal defense attorneys, please contact the law firm of BLAKE AND DORSTEN, P.A. at 727.286.6141 or email the defense lawyers at: info@blakedorstenlaw.com

Tampa Bay Criminal Defense Lawyer - Gator Bait?

By Nick Dorsten, Esq.

From the Tampa Bay website, an oldie but goodie about a few members of the University of Florida basketball team that got in a bit of trouble...

GAINESVILLE — Florida basketball players Cody Larson and Erik Murphy each face felony burglary charges stemming from their arrest early Sunday morning in St. Augustine. They have been released on bail.

Joshua Adel, who identified himself as a team manager, was charged with principal to burglary. He reportedly told police he was a lookout.

According to the police report, Larson and Murphy went into Scarlett O'Hara's Bar and Restaurant around 2 a.m. Sunday, claiming they had lost a wallet. Police said the men tried to get close to an employee who was counting money from the night.

Bouncers then told Larson and Murphy to leave. Moments later, according to the report, they saw the men breaking into a co-worker's car across the street. Murphy, a sophomore, was a reserve forward this past season. Larson was redshirted.

It is unknown at this time what will happen with the players. Athletically, there careers may be over. They may also be kicked out of school. Legally, they may be facing burglary or robbery charges with a sentence ranging from probation to a state prison sentence!

Have you been arrested on burglary or robbery charges? Then the Pinellas, Florida based Blake & Dorsten, P.A. Pinellas criminal defense lawyers are at your service.

For more information, or to speak directly with experienced Pinellas County criminal defense attorneys, please contact the law firm of BLAKE AND DORSTEN, P.A. at 727.286.6141or email the defense lawyers at: info@blakedorstenlaw.com

Tampa Bay Criminal Defense Lawyer - fraud

By Nick Dorsten, Esq.

From The St. Petersburg Times website, a story about fraud, bad checks and the consequences...

PINELLAS: Anybody can write a bad check. The theft defendant and his associates refined it to an art form.

They stole business checks out of company mailboxes — not to cash them, but to scan and copy them.

Then they found drug addicts, homeless people or anyone desperate enough to sell their ID cards for $50 or so.

Putting the two together, the fraud group created authentic-looking payroll checks in the names of real people. The checks had special touches such as bank logos and carefully reproduced signatures of company executives.

A group of "runners" would carry the bogus checks into banks, cashing them one by one, using the ID cards to make it all seem real.

"It was organized crime at its best," said a Pinellas sheriff's Detective, who investigated the case.

In all, the web of counterfeiters included 100 people and cost banks across Florida more than $1 million, he said.

But this week, the fraud defendant pleaded no contest to racketeering and got an 11-year prison sentence. Another eight people in his organization have pleaded in Pinellas and other counties to various charges, most of them cooperating with authorities. Three were sentenced to varying prison terms Friday.

The detective and an Assistant Statewide Prosecutor said the fraudulent defendant's operation grew out of a web of counterfeiters who began in Tampa in the 1990s and refined their craft over the years, gradually evolving into spinoff groups that operated throughout the state.

The fraud defendant was the second of the intertwining groups to be prosecuted. Another faction is awaiting prosecution, and the detective said he is actively investigating another group whose members have not yet been arrested.

The investigation started at ground level — banks would catch individuals here and there cashing counterfeit checks. It was akin to arresting drug dealers on the street corner — the lowest rung on the ladder — without ever touching the kingpins.

But in 2007 the Sheriff's Office and other agencies decided to go higher — to find who was at the top.

The Sheriff's Office put the fraud defendant's group and the others under surveillance during "Operation Checkmate" for a year. Postal inspectors assisted as well. When people were arrested, detectives tried to get them to explain the scam.

Authorities say they learned two of the arrested of Tampa led one group accused in the scam. Both are awaiting trial in Pinellas. Another group was led by a man, 56, who was sentenced in Hillsborough County to 12 years in prison, alongside two sons who were sentenced to 10 and six years.

The detectives said they began to see how the different factions, like different families, had their own personalities. One group gave its associates money and praise, like benevolent bosses at a family business. Another group, on the other hand, hired homeless people or others down on their luck and sent them directly into banks — only to abandon them if they were arrested, he said.

The fraud defendant was a harsh and distrustful boss, according to the detective. That made it easier to convince his associates to talk, they said.

The detective said he isn't finished. His message to those he's still investigating: "We're going after the top people."

Have you been arrested on fraud or bad check charges? Then the Pinellas, Florida based Blake & Dorsten, P.A. Pinellas criminal defense lawyers are at your service.

For more information, or to speak directly with experienced Pinellas County criminal defense attorneys, please contact the law firm of BLAKE AND DORSTEN, P.A. at 727.286.6141or email the defense lawyers at: info@blakedorstenlaw.com

Tampa Bay Criminal Defense Lawyer - professional addicts?

By Nicholas Dorsten, Esq.

While we have often written about prescription pill abuse before, this article from the tampabay.com website shows that even professionals can fall into the prescription drug abuse trap...

PINELLAS — Pinellas deputies accused two doctors of writing each other hundreds of prescriptions for thousands of pills Monday in a case of prescription fraud.

A Dentist and a podiatrist were arrested Monday after a four-month investigation titled "Operation Doctor Doctor," according to deputies.

Over three years, the dentist, 39, received 91 prescriptions for 840 hydrocodone pills, 660 lorazepam pills and 1,960 oxycodone pills, deputies said.

In that same period, the podiatrist, 49, received 120 prescriptions for 480 hydrocodone pills, 1,230 lorazepam pills and 2,620 oxycodone pills, according to deputies.

"It looks like they were for personal use," said a Sheriff's Office spokeswoman.

Deputies said the two doctors wrote prescriptions for 30 to 40 pills a week, got them filled sporadically at different pharmacies and paid cash.

Both doctors face 15 counts of employing a scheme to assist another person to obtain a controlled substance.

Deputies said they learned about the fraudulent prescription writing after receiving a tip in January about suspicious activity involving two physicians.

Have you been arrested on drug possession or doctor shopping charges? Then the Pinellas, Florida based Blake & Dorsten, P.A. Pinellas criminal defense lawyers are at your service.

For more information, or to speak directly with experienced Pinellas County criminal defense attorneys, please contact the law firm of BLAKE AND DORSTEN, P.A. at 727.286.6141or email the defense lawyers at: info@blakedorstenlaw.com

Tampa Bay Criminal Defense Lawyer - come ON Bucs!! Part 2

By Nick Dorsten, Esq

Part 2 of our continuing Bucs saga (Part One is here). From the TampaBay.com website...

TAMPA — Texas police obtained felony arrest warrants Tuesday for Bucs cornerback Aqib Talib and his mother in connection with a shooting in Garland, Texas, last week.

Talib, 25, will be charged with aggravated assault with a deadly weapon, a second-degree felony punishable by two to 20 years in prison. His bail was set at $25,000.

Talib, considered one of the team's best defensive players, is expected to surrender this week, Garland Police spokesman Joe Harn said.

Talib's arrest could jeopardize his career with the Buccaneers, or any other National Football League team. He has had several off-the-field incidents since being chosen in the first round of the 2008 draft and was suspended by the league for one game last season after being accused of punching a St. Petersburg, FL cab driver in 2009.

"We are deeply troubled by the serious charges filed against Aqib Talib," Bucs general manager Mark Dominik said in a statement. "Due to current labor circumstances, we will withhold any further comment or action."

Because of the current work stoppage in the NFL, teams are prohibited from contacting players or making transactions, including releasing players. However, NFL commissioner Roger Goodell said last week the league's player code of conduct will cover transgressions that occur during the lockout and be enforced when a new labor agreement is reached.

Talib's mother, Okolo, turned herself in Tuesday morning and was charged with aggravated assault with a deadly weapon. She was also charged with being a felon in possession of a firearm, based on a previous conviction. Bail was set at $25,000 for the assault charge and $5,000 for the possession charge.

The arrest of Talib and his mother stems from their roles in a domestic disturbance March 21 involving his sister, Saran, 43, and her boyfriend, Shannon Billings, police said.

Police said they arrived in the 900 block of Green Pond Drive in Garland, a Dallas suburb, at 7:30 p.m. after a 911 caller reported fighting, including gunshots. Police said they found Billings, 40, alone outside his residence.

According to a report Monday in the Dallas Observer, which cited the Garland police and two unnamed sources familiar with the case, Talib attempted to pistol-whip Billings with a handgun, which was dropped in the struggle. Billings picked it up and began running. Okolo produced another handgun and fired at least three times before Aqib used it to fire twice more at Billings, according to the report.

Harn, the police spokesman, said information detectives gathered at the scene and in follow-up investigations led police to conclude Aqib physically assaulted and then fired shots at Billings, who was not injured.

Billings, who is a registered sex offender in Texas, later was taken into custody and charged with aggravated assault with bodily injury and interference with an emergency phone call, relating to an incident at his address earlier in the day.

In Texas, aggravated assault with a deadly weapon is a very serious charge, said a lawyer from a Dallas criminal defense firm.

Though Talib could be eligible for community-control probation instead of prison if he has no prior felony offenses, the criminal defense lawyer said, many factors play into that decision and "it would be more difficult if a firearm is actually discharged at an individual."

Probation for a second-degree felony runs up to 10 years. For Talib to keep playing for the Bucs during that time if that was a penalty he received, Florida authorities would have to agree to supervise his community control. Officials for the Florida Department of Corrections could not be reached for comment as to whether they would agree to supervise a Texas probationer.

The arrest warrant is the first step in criminal proceedings. The Dallas County state attorney's office will have to decide whether the evidence is sufficient to take the case to a grand jury to try to get an indictment.

Harn estimated that it would take four to six weeks for a grand jury to hear the case against Talib.

Talib's talent never has been in question, but the Bucs, under the direction of former coach Jon Gruden and former general manager Bruce Allen, may have ignored numerous red flags before deciding to draft him.

Talib's off-field problems surfaced while he was a standout defensive back at Berkner High School in Richardson, Texas. Talib was arrested in April 2004 for burglary, according to Dallas County court records, but the charge was reduced to a misdemeanor, and Talib received two years of probation.

During interviews with teams at the NFL scouting combine in 2008, Talib said he tested positive for marijuana three times while playing at the University of Kansas, according to the magazine Pro Football Weekly.

From the start of his pro career, Talib has had difficulty controlling his emotions, resulting in significant fines from the Bucs and last year's one-game suspension. Bucs coach Raheem Morris has called Talib his "wild child."

Shortly after being drafted, Talib got into a fight with then-teammate Cory Boyd at the NFL's rookie symposium. In May 2009, Talib inadvertently hit former Bucs cornerback Torrie Cox in the face with a helmet, which he was swinging at left tackle Donald Penn during an argument. Cox required stitches to close a cut.

Last year, Talib agreed to a deal with prosecutors to resolve a battery charge after he was accused of hitting a St. Petersburg cab driver while Talib was a passenger in the cab. He was ordered to perform community service and attend anger management classes. He also reached an undisclosed financial settlement with the cab driver.

Despite missing five games last year, the last four with a hip injury, Talib was named the NFL alumni's defensive back of the year after recording six interceptions, giving him 15 in his three-year career.

Have you or a loved one been arrested for a criminal charge or a battery? Then contact the Clearwater criminal defense attorneys of Blake & Dorsten, P.A. for a free consultation!

For more information, or to speak directly with experienced Pinellas criminal defense lawyers please contact BLAKE & DORSTEN, P.A. at 727.286.6141 or email the lawyers your questions at: info@blakedorstenlaw.com. We are located at 4707 140th Ave N, Suite 104 in Clearwater, across from the criminal courthouse in the airport business center, minutes from Tampa and St. Petersburg.

Tampa Bay Criminal Defense Lawyer - come ON Bucs!!

By Nicholas Dorsten, Esq.

Had enough with the Tampa Bay Bucs yet? As previously written about here, here, here and here, the hits just keep on coming. This one involves Talib... (courtesy of the Tambabay.com website

TAMPA
Police in Texas describe Bucs cornerback Aqib Talib as "a person of interest" in their investigation of a domestic disturbance last week in which shots were fired.

No arrest has been made, but Garland, Texas, police spokesman Joe Harn said the department is determining whether Talib should be charged in connection with his role in an incident March 21 involving his sister and her boyfriend.

"I will confirm he is a person of interest," Harn told the St. Petersburg Times on Monday. "This is still an open case. Once the detectives have decided, probably later this week, if there are charges that need to be brought against him or not, because of the high-profile interest in this case, we'll have an announcement."

Talib, 25, was suspended one game last season for assaulting a St. Petersburg, Florida cab driver in 2009 and could face further sanctions from the NFL from his involvement in the incident.

Players are subject to the league's personal-conduct code during the owners' lockout of players, commissioner Roger Goodell said last week.

The Bucs are not permitted to have contact with players or their representatives during the work stoppage. Bucs coach Raheem Morris declined comment while at a charitable event in Valrico.

According to a blog on the website of the Dallas Observer, the altercation occurred a week ago near the home of Talib's sister, Saran, 43, in the 900 block of Green Pond Drive in Garland. Talib reportedly attempted to pistol-whip her boyfriend, Shannon Billings. After a struggle, Talib used the handgun belonging to his mother, Okolo, to fire several shots at Billings, who fled on foot and was not injured, police said.

Police were called by neighbors reporting a domestic dispute. Harn said Monday that Billings, 40, was taken into custody and arrested two days later on an unrelated charge.

Dallas County jail records indicate that Billings was arrested on charges of assault with bodily injury and interfering with an emergency call. Billings remains in jail after failing to post $2,500 bail.

Billings is a registered sex offender with the Texas Department of Public Safety. In 1998, when he was 27, he was convicted of sexual assault on a 14-year-old girl and served probation.

Talib lives in north Dallas. He went to his sister's home about 7:30 p.m. and found her arguing with Billings, police said. Saran had called her mother for help, and police were notified by neighbors of three shots fired at a black man by a black woman.

Billings told police Talib brandished a handgun and attempted to strike him in the face with it. During the skirmish, Talib dropped the gun and Billings picked it up and began running. Okolo then produced a gun and fired three shots toward him. Billings told police Talib took Okolo's gun, said, "I'll shoot him," and fired at least two shots before Billings safely ducked into nearby woods. The Observer reported that witnesses corroborated Billings' story.

Harn declined to confirm or deny details in the Observer's story but said, "I don't know where (the Observer) got all its information."

Supremely talented but troubled, Talib has been dogged by personal-conduct issues that followed him to the University of Kansas and contributed to his falling in the 2008 NFL draft. He was picked 20th overall by Tampa Bay.

Talib was named the NFL Alumni's defensive back of the year in 2010.

Talib has had difficulty controlling his emotions, resulting in significant fines from the Bucs and one league suspension. Morris has called Talib his "wild child."

Shortly after being drafted, Talib got into a fight with then-teammate Cory Boyd at the NFL's rookie symposium. In May 2009, Talib inadvertently hit former Bucs cornerback Torrie Cox in the face with a helmet, which he was swinging at left tackle Donald Penn during an argument. Cox required stitches.

Last year, Talib agreed to a deal with prosecutors to resolve a battery charge after he was accused of hitting a St. Petersburg cab driver. He was ordered to perform community service hours and attend anger management classes and reached an undisclosed financial settlement with the cabbie. Talib received a one-game suspension from the NFL last season for the 2009 incident.

Last week's shooting incident in Texas could draw the attention of Goodell.

"The personal-conduct policy continues," Goodell said at last week's owners meetings. "It applies to everybody in the league. I don't know how it would apply to the players under this circumstance (the lockout), but it's something that I feel strongly about, that we owe to our fans."

It's expected that the league will administer discipline after the lockout for violations that occur during the work stoppage.

Have you or a loved one been arrested for a criminal charge or a battery? Then contact the Clearwater criminal defense attorneys of Blake & Dorsten, P.A. for a free consultation!

For more information, or to speak directly with experienced Pinellas criminal defense lawyers please contact BLAKE & DORSTEN, P.A. at 727.286.6141 or email the lawyers your questions at: info@blakedorstenlaw.com. We are located at 4707 140th Ave N, Suite 104 in Clearwater, across from the criminal courthouse in the airport business center, minutes from Tampa and St. Petersburg.