OKEECHOBEE — A local man recently hospitalized with a self-inflicted gunshot wound, has been arrested on molestation charges and is being held on bond in the county jail.

Randall Scott Ford, 53, N.W. 33rd Terrace, was arrested Aug. 21 on two felony counts of lewd or lascivious conduct – offender over 18 years of age. He is being held in the Okeechobee County Jail on a bond of $150,000.

Ford was first arrested Aug. 9 by Detective Corporal Ted Van Deman, of the Okeechobee County Sheriff’s Office (OCSO), on a felony charge of possession of a firearm/ammunition by a convicted felon.

That arrest stemmed from a July 10 incident in which Ford sustained the self-inflicted gunshot wound, stated the detective’s arrest report.

At the time of that incident, Ford was a suspect in the alleged molestation of two young girls. That case was assigned to Cpl. Van Deman, who learned of the shooting incident on July 11.

Randall Scott Ford, 53

“I conducted an investigation on the alleged suicide attempt. The initial findings of the investigation was that the suspect shot himself, in part, because of the accusations against him,” stated the detective’s probable cause affidavit which was used to get an arrest warrant.

Ford was taken to Lawnwood Regional Medical Center in Fort Pierce for treatment of the gunshot wound. Although Cpl. Van Deman interviewed the man while he was hospitalized, an arrest was not made at that time.

According to the probable cause affidavit Cpl. Van Deman went to Ford’s home on Aug. 9 and placed him under arrest on the weapons possession charge. Ford has been in jail since that time.

The molestation allegations first came to light when OCSO Deputy Yero Todman took the initial report on July 10. The case was then assigned to Cpl. Van Deman.

OKEECHOBEE — Not long after being pulled over for an expired registration, an 18-year-old Okeechobee man found himself behind bars on felony drug charges.

Noah Cameron Torres, S.E. 25th St., was arrested Saturday on felony charges of possession of marijuana over 20 grams, possession of marijuana with intent to sell and possession of a controlled substance (focalin) without a prescription. He was also arrested on a misdemeanor charge of possession of drug paraphernalia.

Torres was booked into the Okeechobee County Jail on a bond of $25,500. Jail records show he has been released on bond.

Noah Cameron Torres, 18

Deputy Timothy Miller, of the Okeechobee County Sheriff’s Office (OCSO), stopped Torres around 6:30 p.m. on Aug. 19 in the 2000 block of S.R. 70 West after learning the registration had expired on the 2006 Mitsubishi Eclipse he was driving.

“The license plate had a yellow sticker indicating the registration expired this month (August of 2017). I ran the license plate through our system to check the validity of the registration. The registration came back as expired on 8-4-2017,” stated the deputy’s arrest report.

When the deputy asked Torres for his registration, the man willingly handed the paper over to the deputy. As the deputy looked over the paper he began to think Torres may be in possession of marijuana.

“The registration was folded up and as I unfolded it I noticed there was marijuana flake in the folded crease of the registration,” noted Deputy Miller.

“The marijuana flake in the registration tested positive for THC content.”

OCSO Deputy Matt Crawford and his K-9, Mick, were summoned to the scene. While doing an external sniff of the Mitsubishi, Mick allegedly indicated a positive alert to the vehicle.

During a subsequent search of the car Deputy Miller stated he found a backpack that contained a bag of suspected pot. When he tested that substance, the test apparently indicated a positive result for the presence of marijuana.

The suspected pot weighed 21.6 grams, pointed out the deputy.

Also found in the backpack was a prescription bottle with no label. That bottle, noted the report, contained 15 capsules that were identified as the stimulant focalin.

“I also saw several plastic baggies and money in the backpack,” offered Deputy Miller.

The cash, added the deputy, totaled $305.

As Deputy Miller continued his search, he allegedly found: a digital scale; a pair of socks with suspected marijuana flake on them; a smoked marijuana cigarette (roach); a metal marijuana grinder; and, a plastic cup with marijuana flake in it.

According to the deputy’s report, Torres was also issued a written warning for the expired registration.

OKEECHOBEE — A 15-year-old Okeechobee girl had to be hobbled by deputies after she reportedly stomped on a female deputy’s foot and continually tried to kick two male deputies as they were trying to arrest her.

Mya Gabriel Melton, N.W. 39th Ave., was arrested Aug. 22 on felony charges of resisting a law enforcement officer with violence and battery on a law enforcement officer. She was also charged with one count of resisting a law enforcement officer without violence, which is a misdemeanor.

She was booked into the Okeechobee County Jail then taken to the St. Lucie Regional Detention Center in Fort Pierce.

Mya Gabriel Melton, 15

An arrest report by Deputy Tammy Serafini, of the Okeechobee County Sheriff’s Office (OCSO), indicated the incident began around 7:30 a.m. Tuesday in the Okeechobee Achievement Academy’s cafeteria, 1000 N.W. 34th St. Apparently a teacher asked Melton several times to remove her ear buds.

The school’s principal and two staff members, along with Deputy Serafini who is a school resource officer, tried to speak to the teen about the ear buds.

“Mya became aggressive and started cursing,” stated the deputy’s report.

“Mya got up out of her seat and attempted to walk out of the cafeteria. We all tried to keep Mya contained in the cafeteria.”

With school officials and the deputy trying to stop the girl from leaving the building, she scaled a concrete wall and fled the campus via the main gate.

As the deputy followed Melton in her OCSO patrol car, school officials chased her on foot.

The teen was finally contained on N.W. 10th Terrace by OCSO deputies Yero Todman and Steven Pollock and placed in the back of Deputy Todman’s patrol car.

According to Deputy Serafini’s report Deputy Todman twice asked Melton to get out of his vehicle so she could be handcuffed and searched. She finally got out of the car and Deputy Serafini began to pat her down and took her cell phone, ear buds and a piece of paper.

Melton, who was wearing work boots, then became combative and the two male deputies tried to restrain her by holding her next to Deputy Todman’s vehicle.

Although her upper body was secured, Melton stomped on Deputy Serafini’s foot then tried to kick Deputy Pollock, noted the report. At that point the two male deputies hobbled Melton and put her in the back of Deputy Todman’s car.

OKEECHOBEE — A sheriff’s office detective is seeking information into the theft of a backhoe and bucket earlier this month from WCE Equipment at 3197 N.W. 20th Trail.

Someone apparently entered WCE’s property sometime between Aug. 2 and Aug. 8 to steal the Case 580 Super K backhoe, said Detective Max Waldron of the Okeechobee County Sheriff’s Office (OCSO).

The backhoe will display a serial number of JJG0177870. On the side of the machine will be an inventory number of D1488. That number will be written in grease pen.

According to information released by the sheriff’s office the machine has an extended hoe and customized bucket with an expanded metal bottom.

The backhoe and bucket have an estimated value of $15,000.

The last time the equipment was seen on the property was Aug. 2.

If you have any information about this theft, contact Detective Waldron at 863-763-3117, ext. 5108, and use the case number 17S17568.

Stolen Case 580 Super K backhoe

Stolen bucket

OKEECHOBEE — An Okeechobee teen has been sent to a juvenile detention center following his arrest for reportedly having consensual sexual relations with a 14-year-old girl.

Tifton Dennis Allen, 16, N.E. 15th Ave., was arrested Wednesday, Aug. 23, on one felony count of lewd and lascivious battery – victim 12 to 15 years of age.

He was booked into the Okeechobee County Jail then taken to the St. Lucie Regional Detention Center in Fort Pierce.

The initial complaint was handled by Deputy Daniel Eng, of the Okeechobee County Sheriff’s Office (OCSO). The case was then turned over to OCSO Detective Corporal Ted Van Deman, who ultimately obtained a warrant for Allen’s arrest.

Tifton Dennis Allen, 16

According to the detective’s probable cause affidavit, on which the arrest was based, Allen and the girl had relations on three different occasions. The first time they were together the girl was 14 years old. On the subsequent two incidents the girl was 15 years of age.

Cpl. Van Deman also pointed out in his affidavit that Allen took videos of himself with the girl on his cell phone.

When contacted, assistant state attorney Terry Tribble said despite Allen’s arrest the case is still under investigation.

OKEECHOBEE — After Jim Stephenson was cuffed early Tuesday morning, Sheriff Noel Stephen walked up and began to talk to him.

As the suspect in the illegal sale of prescription pills inquired as to what was happening at roughly 7:30 a.m., the sheriff didn’t mince words.

“You know exactly what’s going on: You play — you pay,” said Sheriff Stephen. “We’ve got probable cause to believe you’ve been selling narcotics.”

Stephenson, the owner of Jim’s Place on U.S. 441 S.E., was just one of many Okeechobee residents who were arrested for allegedly selling prescription pills, methamphetamine, heroin and other drugs. The year-long investigation that ended Aug. 29 focused on the street-level sale of these drugs.

Officer Ryan Holroyd, from the Okeechobee City Police Department, leads a handcuffed Walter ‘Freak’ Jackson to a waiting transport unit after his arrest Tuesday, Aug. 29, during a drug roundup throughout Okeechobee County. Jackson was charged with the sale of prescription pills. Photo by Eric Kopp.

During a 6 a.m. briefing, personnel from the Okeechobee County Sheriff’s Office, the Okeechobee City Police Department, the Florida Department of Law Enforcement, the Drug Enforcement Administration, Alcohol, Tobacco and Firearms, FBI and Immigration Customs Enforcement were told 39 people were to be arrested as a result of the operation.

Thirty-two people were in custody and seven more individuals were being sought by law enforcement as of newspaper deadline.

“We’re getting people who have been doing this for a long time,” pointed out Sheriff Stephen. “These are not users we’re picking up. Some do use, but they’re primarily selling.”

Arrested in connection with the operation were:

• Terry ‘Gold Teeth’ Taylor, 61, sale of cocaine;

• Walter ‘Freak’ Jackson, 59, sale of prescription pills;

• Walter ‘Nunee’ Jackson, 58, sale of prescription pills;

• Merita ‘Rita’ Jackson, 54, sale of prescription pills;

• Clarence ‘CD’ Dennis, 61, sale of cocaine;

• Sherman M. Gordon, 36, possession of methamphetamine, manufacturing hallucinogens;

• Natasha Shena Covert, 35, sale of a controlled substance within 1,000 feet of a church;

• Dawn Ashlee Hartzke, 49, sale of oxycodone and possession of a controlled substance with intent to sell;

• Ervey Ponce, 33, sale of methamphetamine;

• Austin Ehrhart Dale, 38, sale of methamphetamine;

• Charles Edgar Hill IV, 33, sale of methamphetamine;

• Jessica Lynn Harris, 31, sale of methamphetamine;

• Donna Anne Lewis, 59, sale of methamphetamine within 1,000 feet of a church;

• David Allen Lewis, 38, sale of a controlled substance within 1,000 feet of a church;

• Johnnie Lee Frost, 33, sale of marijuana;

• Bobby Damale Redden, 26, sale of cocaine;

• Robert Bryan Smith, 49, sale of methamphetamine;

• Wesley Alan Williams, 30, sale of methamphetamine;

• Howard ‘Shamrock’ Clendenin, 36, sale of methamphetamine;

• Jonna Kimla, 28, sale of methamphetamine;

• Brandi Collins, 35, sale of methamphetamine;

• Michelle Fussell, 43, sale of methamphetamine;

• Justin ‘Jizz’ Lee Harris, sale of methamphetamine;

• James Ihinger, 38, sale of methamphetamine;

• James ‘Jim’ Stephenson, 69, sale of a controlled substance (oxycodone);

• Willie ‘Skippy’ Lewis, 34, sale of cocaine;

• Ladonna Hopewell, 29, sale of a controlled substance (hydromorphone);

• Francisco Reyes, 63, sale of methamphetamine;

• David Sherrod, 34, sale of cocaine;

• Matthew Dustin Cole, 28, sale of methamphetamine. He is being held in the Polk County Jail on Okeechobee charges.

• Andrew ‘Fat Red’ Jackson, 43, sale of methamphetamine within 1,000 feet of a church and trafficking in methamphetamine. He is being in the St. Lucie County Jail on Okeechobee charges.

• Richard ‘Richie’ Watson, 41, sale of methamphetamine. He is being held in the Osceola County Jail on Okeechobee charges.

Sheriff Stephen pointed out that all of those to be arrested during the roundup had sold methamphetamine, cocaine, heroin and pills in the last year.

He added that meth and amphetamine use has overtaken the use of prescription pills because pills have become too expensive.

“Now, meth is more prevalent. But, we’re also starting to see more fentanyl being used,” he offered.

By 8 a.m. Tuesday, teams had arrested 10 individuals and were soon back on the street to round up more.

James Stephenson

Walter ‘Nooney’ Jackson

Terry Taylor

Walter ‘Freak’ Jackson

Clarence Dennis

Sherman Gordon

Dawn Hartzke

Natasha Covert

Ervey Ponce

Austin Dale

Charles Hill

Donna Lewis

Wesley Williams

Richard Watson

Francisco Reyes

David Sherrod

Robert Smith

Bobby Redden

David Lewis

Jonna Kimla

Merita Jackson

James Ihnger

Justin Harris

Sherman Gordon

Johnnie Frost

Howard Clendenin, Jr.

Brandi Collins

OKEECHOBEE — An Okeechobee County Sheriff’s Office (OCSO) report indicates a Fort Pierce man, suspected of being under the influence was actually stopped on S.R. 70 E. by two local citizens to prevent a possible accident.

OCSO Deputy Timothy Porter stated in his report Andrzej Wegelewski, 50, Treasury Cay Drive, was arrested Aug. 28 on a misdemeanor charge of driving under the influence.

Wegelewski was booked into the Okeechobee County Jail on a bond of $2,500. Jail records indicate he has been released on bond.

According to the arrest report around 6:05 a.m. Monday, Deputy Porter responded to the 3000 block of S.R. 70 East in reference to a reckless driver.

The deputy made contact with a complainant who reportedly said he and another man stopped a white Nissan automobile because the driver, later identified as Wegelewski, almost caused several accidents.

One of the complainants apparently observed Wegelewski’s automobile swerving all over the road, crossing into oncoming traffic and veering off the roadway before returning to the proper lane, stated the arrest report.

The complainant apparently told the deputy he felt as if he needed to take action immediately to prevent a serious injury. The man then used his 2001 Dodge truck to stop Wegelewski.

Okeechobee County Sheriff Noel Stephen said he appreciated the effort of the citizen and his concern for the well being of others, but requested that the general population be the “eyes and ears” and report it to the appropriate law enforcement agency who have the personnel that are trained properly.

After having Wegelewski pull into Bills Mini Mart, 3007 S.R. 70 E., Deputy Porter stated he smelled a strong odor of alcohol coming from Wegelewski — especially after he spoke.

After asking the man to perform roadside sobriety tests, Deputy Porter placed Wegelewski under arrest for DUI.

Deputy Porter requested Okeechobee County Fire/Rescue to respond and examine Wegelewski and ensure it was not a medical emergency.

An intoxilyzer test was later performed at the Okeechobee County Jail. That test reportedly indicated blood-alcohol readings of .300 and .294. The legal blood alcohol level in Florida is .08.

OKEECHOBEE — An Okeechobee man was arrested for allegedly hitting a man with a gun and trying to rob him while both men were passengers in a woman’s vehicle.

Timmy Joe Lee, 28, N.E. 31st Way, was arrested Monday, Sept. 11, on felony charges of aggravated battery with a deadly weapon and robbery with a firearm. He was booked into the Okeechobee County Jail and is being held on $600,000 bond.

Timmy Joe Lee, 28

According to an arrest report by Deputy Dan Franklin, of the Okeechobee County Sheriff’s office (OCSO), the victim claimed he was struck in the forehead by a firearm while catching a ride to Sebring with a local woman.

He reportedly told the deputy a man named “Tim,” later identified as Timmy Joe Lee, hit him and demanded his money.

OCSO Detective Corporal Ted Van Deman apparently saw the victim running through the area of S.W. 48th Ave. The detective spoke with the victim who reportedly said he had just been “pistol whipped” by a man wearing a pullover shirt in a dark colored Jeep.

Lee was a passenger in the backseat of the black 2004 Jeep and at some point he allegedly put his hand around the victim’s throat, put a pistol to the man’s head and demanded all of the victim’s money.

The victim refused and Lee hit the man in the forehead three times with the handgun, stated the deputy’s report. The victim fought back and Lee then doused him with pepper spray, pointed out Deputy Franklin.

As the victim got out of the vehicle and began to run away, Lee reportedly gave chase. The victim supposedly told Lee his money was under the seat, and then ran toward a cow pasture. Lee then fired a gunshot in an unknown direction, stated the arrest report.

Lee was allegedly carrying a silver 3-inch snub-nose revolver with pink grips.

OCSO Deputy Sergeant Brian Hagan, along with other deputies and officers from the Okeechobee City Police Department (OCPD) stopped the vehicle near S.W. 48th Ave. The driver, at that time, reportedly identified himself as Lee.

Deputy Franklin later met with the victim at Raulerson Hospital, then gave the man a ride to a friend’s residence.

OKEECHOBEE — A local couple reported to the Okeechobee County Sheriff’s Office (OCSO) that an unknown male caller stated their son was being held hostage.

According to an OCSO incident report by Deputy Mark Margerum, the husband received a call Friday, Sept. 15, on his cell phone from an unknown phone number with a 305 area code. The unknown caller said he and the man’s son were involved in a traffic crash. The caller went on to say he was wanted by law enforcement so he took the man’s son hostage and beat him with the butt of a pistol, the report stated.

Apparently the caller then told the man to remain on the line and drive to the nearest Western Union to send him $900 for the release of his son. Or, continued the scammer, he would kill the son if the man hung up or contacted law enforcement.

The couple drove to town where the caller would then give them information on where to send the funds, the report continued. As the couple was on their way to town the wife called their son, who lives in Miami.

The husband reportedly then told the unknown caller that he knew his son was all right and hung up the phone.

Deputy Margerum reportedly told the father this was a scam and how it operates. He then gave the couple the sheriff’s office phone number and the assigned case number.

No monetary loss was reported.

OKEECHOBEE — Sheriff Noel Stephen is quick to point out that at a rate of $58 per day one local family, with an extensive incarceration rate, is creating a heavy burden for Okeechobee County taxpayers.

Brothers Walter ‘Freak’ Jackson and Walter ‘Nunee’ Jackson Jr., along with their sister Merita Jackson, have been arrested a total of 52 times. Because of their arrest histories, all three are classified by the state as career felony offenders.

As a result of those arrests, they have logged a lot of time behind the iron bars of the Okeechobee County Jail. All, at the taxpayer’s expense.

“Citizens need to quit paying for their (the Jacksons’) bad decisions — they’re not going to change,” said Sheriff Stephen in a Sept. 20 interview.

“What they pay in ad valorem taxes is definitely not paying for the services I’ve got to give them.

“What the answer is, I don’t know,” he added.

A check with the Okeechobee County Property Appraiser learned the Jackson’s tax bill on the N.E. 16th Avenue property they share has been paid in full.

Let’s take a look at their arrest histories.

• Freak, 60, N.E. 16th Ave., has been arrested eight times since 1982. Seven of those arrests were local. He has been charged with seven felonies and has two felony convictions. He has also been arrested four times on misdemeanor charges, and twice convicted on misdemeanor charges.

He has various arrests that include drug charges, possession of a firearm by a convicted felon, burglary and violation of probation.

His first felony conviction came in 1992 when he was found guilty for possession of cocaine with intent to sell. He was given probation.

In 2002 he was charged with possession of a firearm by a convicted felon, possession of cocaine with intent to sell and possession of drug paraphernalia. Those charges were later dropped.

His most recent arrest was on Sept. 18, 2017, when he was reportedly caught with 37 pills that were later identified as dilaudid. He was then charged with possession of a controlled substance. He was also charged with trespassing.

Freak was released on bond.

That arrest came on the heels of his Aug. 29 arrest during a roundup throughout the county in which more than 32 people were arrested for the illegal street-level sales of drugs. In that case, Freak was charged with possession of a controlled substance (hydromorphone) within 1,000 feet of a church and sale of a controlled substance (hydromorphone) within 1,000 feet of a church. Hydromorphone is also known by its trade name of dilaudid.

Freak was then released from jail after posting $60,000 bond.

• Nunee, 58, of the same address, was has been arrested 30 times since 1977. Twenty-four of those arrests are local. He has been charged with 23 felonies and has five felony convictions. He has also been charged with 18 misdemeanors and has 17 misdemeanor convictions. He has twice been sentenced to prison where he has served a total of 16 years.

His first arrest came in April of 1977 after he had just turned 18.

Like his brother, Nunee was arrested during that August roundup on one count of sale of a controlled substance (hydromorphone) and possession of a controlled substance (hydromorphone) with intent to sell. His bond was set at $150,000.

He remains in the county jail.

• Merita, 54, of the same address, also has a long arrest record which started in 1984. Since then she has been arrested 14 times — 13 of those on local charges — and has spent five years in prison.

Her local record is: 20 felony charges; eight felony convictions; five misdemeanor charges; and, six misdemeanor convictions.

Merita’s first felony arrest — possession of marijuana over 20 grams with intent to sell — came in January of 1984. In February of 2000 she was charged with aggravated assault on a law enforcement officer with a motor vehicle, but that charge was dropped. She was then convicted in 2005 for the sale of cocaine.

In March of 2010 she was convicted on one count of sale of cocaine within 1,000 feet of a church and two counts of sale of cocaine. One month later she was convicted on four counts of sale of cocaine within 1,000 feet of a church.

According to Department of Corrections (DOC) records, on Jan. 28, 2011, Merita was sentenced to 90 months in prison. She was released in 2016.

Earlier this year she was found guilty on a misdemeanor charge of possession of marijuana under 20 grams. Then, in August, she was arrested during that roundup on six counts of possession of a hallucinogen within 1,000 feet of a church. She was released from the county jail on $200,000 bond.

So, what does all this mean to Okeechobee County taxpayers?

Since 2013, when the Okeechobee County Sheriff’s Office began using their current computer system, the trio has spent a total of 297 days in jail. At a cost of $58 per day, per inmate, that comes to a total of $17,226.

Those totals do not include the 537 days Merita spent in the county jail prior to 2013. Those dollar amounts were not available since they were recorded on a now-defunct system.

All together, the triumvirate has spent a total of 834 days in the county jail.

But, there are current prisoners who are awaiting trial and have been in jail longer than that, or nearly as long.

For example, Michael Exantus has been in the county jail for a total of 1,484 days. Which, at a rate of $58 a day, means it has cost taxpayers a whopping $86,072 to house him in the county jail.

Exantus, 31, is being held on a charge of first-degree murder. He was indicted by a local grand jury in September of 2013 for the death of Antoine McQueen Hill.

Another example is Conrad Thitchener, 49. He is also awaiting trial for the alleged Dec. 23, 2014, rape of a West Palm Beach woman and has been in jail for 1,083 days. At $58 a day, holding Thitchener for trial has cost taxpayers $62,814.

Although Lisa Kramer will likely face a jury of her peers next month, she has been held in the county jail for a total of 728 days. The cost for holding her since her arrest in September of 2015 comes to $42,224.

Kramer, 47, is being held on a total of five charges. Those charges include vehicular homicide, driving under the influence causing death to a human or child, failure to stop/remain at a crash involving death and driving under the influence with priors.

According to jail records as of Wednesday, Sept. 20, 20 current inmates have been in jail for a total of 365 days or longer. That total includes Exantus, Thitchener and Kramer. That means each one of those 20 prisoners is costing local taxpayers $10,220 each, per year.

“That’s why our budget is what it is. We need to try and get cases heard in a more timely fashion,” offered Sheriff Stephen.

The sheriff has given the Okeechobee County Board of County Commissioners his proposed budget for the upcoming fiscal year, which includes a total jail spending plan of $5,667,847.

One thing that’s helped his budget is the ankle monitoring program. This program allows for some folks to be fitted with an electronic GPS monitor on their ankle which allows them to continue to work and be with their families.

This program is historically used for those arrested on misdemeanor and/or non-violent crimes.

Figures released by Okeechobee County indicate in 2016 there were 72 supervised individuals, 19 new defendants were put in the program and seven were carry-overs from 2015 with a total of 98 supervised defendants.

There were approximately 7,660 ‘bed days’ were saved.

At the sheriff’s rate of $58 per day, the projected savings totaled $442,280.

“It (the program) is paying for itself,” offered Sheriff Stephen.

He went on to point out the county jail has a total of 232 beds. However, as of Wednesday, Sept. 20, there were 275 inmates being housed there.

“Our daily average for female prisoners is 41, but we only have 24 beds for females,” he added. “I have to keep the two genders out of sight and out of sound of one another. Trying to do that in a 32-year-old facility is pushing the envelope.”

When asked to voice a solution to the problem of housing inmates for such long periods of time, Sheriff Steven shook his head and sighed.

“I don’t think it’s any one person’s fault — it’s just our system. The wheels of justice turn, but they turn slowly,” he said. “They (the inmates) have to be granted due process.”

He then pointed to a relatively new group of officials that comprise the Public Safety Coordinating Council, of which he is a member.

That group, he said, is currently discussing this very topic as well as trying to come up with ways to lower the recidivism rate. He said they are trying to find better and simpler ways to handle these issues “… rather than putting them right back in jail.”

Another suggestion, he continued, is enhancing penalties for those convicted of felonies.

“Minimum-mandatory sentences seem to get their attention,” he said.

Simply put, such a sentence would require the defendant to spend a mandatory minimum amount of time in prison before being released.

He went on to say it also helps to have state attorneys, like assistant state attorney Ashley Albright, who have been in the local office for a number of years and are trying to help him.

“The luxury of having the Ashley Albrights in that office is that they’re seeing the same things I’ve seen,” offered Sheriff Stephen.

Just what is Mr. Albright seeing and what are his ideas on alleviating the jail situation? That will be addressed in next week’s installment.

Okeechobee County Commissioners voted Tuesday to use funds from county reserves to cover medical bills at the Okeechobee County Jail and overtime incurred during Hurricane Irma.

The board approved a request Sept. 26 to increase funding to the sheriff’s budget by $723,450.

Okeechobee County Sheriff Noel Stephen said year-to-date jail medical costs have been about $900,000 — even with hospital bill reductions that have been negotiated.

Year-to-date inmate medical expenses are $889,662.08.

It is anticipated that by year’s end their total medical expenses will be in the vicinity of $904,000.

Even with the “due to” funds previously added to the budget for jail expenses, the sheriff’s office is facing a budget shortfall by year’s end for this line item of approximately $645,000.

“We have done everything possible to keep expenses down across all departments but, as you are aware we have many hours of overtime due to Hurricane Irma. There are also other emergency expenses related to storm preparation and recovery. Our overtime from Hurricane Irma, FICA expense and retirement alone total $166,172.67,” the sheriff explained.

“We have been diligent in watching our expenses throughout this year but unforeseen circumstances have brought us to this point,” he added.

The sheriff said he initially budged $130,000 for jail medical expenses — based on a three-year average.

“Five inmates are non-recurring that have cost us right at $500,000, including a homicide suspect who was shot during his apprehension and some other inmates who are no longer in our facility,” he said.

He said the department also incurred about $160,000 in overtime expense due to Hurricane Irma.

“We have calculated our expenses through the end of the year as closely as possible and estimate needing additional funding in the amount of $723,450.00 to make our budget whole,” he told commissioners.

The sheriff said they hope to receive some reimbursement for hurricane-related expenses from FEMA.

He said during last year’s budget process, the reserves were taken out of the sheriff’s budget and held by the county.

“I am in the state that we need some of the reserves given back,” he said.

“It’s stunning to me that a county of 40,000 people has that kind of expense,” said Commissioner Byrant Culpepper. “That is a lot of money. I have wondered why Medicaid didn’t cover these individuals. I suggested going to legislature about this cost.”

The sheriff said in most cases prior to be incarceration these inmates qualify for Medicaid, but when they come to the jail they no longer qualify.

“This issue is on our agenda to talk to Representative (Dr. Cary) Pigman,” said Commission Chairman Terry Burroughs.

““We pay for Medicaid anyway.”

Okeechobee County paid the state of Florida $750,000 last year for Medicaid.

“It’s all county money that we are spending,” offered the chairman.

The sheriff said they have had unusually high medical expenses due to five inmates.
He said most of the medical costs are for inmates who are awaiting trial. The man who is accused of killing his wife will probably not go to trial for another two years, he said.

County administrator Robbie Chartier said the county has a fund balance of about 25 percent in reserves. She said adding the money from reserves to the sheriff’s office budget will bring the reserves down to 22 percent.

Chairman Burroughs said the two options are to take the money out of reserves or take it out of landfill trust fund.

He said if they take the money out of the landfill trust, they could pay it back over time.

Mrs. Chartier recommended they use general fund reserves to cover the increased medical expenses, rather than take money from the landfill trust fund.

She said if other unforeseen expenses come up that further strain the reserves, they can transfer funds from the landfill trust fund later in the year if needed.

In other business, commissioners approved using $26,738 from the Law Enforcement Trust Fund to buy a 2016 Ford Explorer for the Okeechobee County Narcotics Task Force. This money comes from confiscated money or property, and can only be used for narcotics investigation expenses — primarily for capital expenses. It cannot be used for personnel.

While the funds can only be used by the sheriff’s office, the expenditures must be approved by the county commissioners.

OKEECHOBEE — It’s all about the score sheet — that three-page state-issued form used by Florida prosecutors and judges to determine if a defendant has ‘scored’ enough points to be sentenced to prison.

“Score sheets are geared to put the more violent criminals in prison rather than drug crimes. Otherwise, our prisons would be filled with drug offenders,” said assistant state attorney Ashley Albright, the attorney in charge of the local state’s attorney office. “The reason for score sheets is to keep sentences uniform across the state.”

Mr. Albright, who has been in the local office for 20 years now, then broke down how ridiculously hard it can be to send a drug offender to prison.

According to the score sheets, a defendant could conceivably be convicted up to 18 times on simple felony drug possession charges and not score enough points to earn a prison sentence. Then, on that person’s 19th conviction, the score sheet requires they receive a prison term of 12.6 months, or 1 year and 15 days if their point total has reached 44.8.

“That sentence is the baseline minimum,” explained Mr. Albright. “The judge could give them up to five years. The offender would then have to serve 85 percent of their sentence.”

On average, he continued, a case like this could take anywhere from six months to a year to go to trial.

“The judge is likely to send them to prison before that. But, the score sheet doesn’t require that,” he noted.

And even though the prosecutor cannot go into specifics about their cases, the score sheet and the laws that apply to it are a big part of the reason why a local triumvirate, with a total of 52 arrests and 15 felony convictions, has spent a total of 297 days in the Okeechobee County Jail since 2013.

However, Walter ‘Freak’ Jackson, his brother Walter ‘Nunee’ Jackson and their sister Merita Jackson have spent very little time in prison.

Freak, 60, has been charged with seven felonies since 1982 and has been convicted twice. He has various arrests that include drug charges, firearm possession, burglary and violation of probation. However, he has never spent a day in the Department of Corrections (DOC). All of his jail time has been spent in the county jail.

His brother, Nunee, has been arrested a total of 30 times since 1977 with 23 of those arrests being felonies. The 58-year-old Nunee has been sent to prison twice and has served a total of 16 years.

Merita, 54, has been arrested 14 times with a total of 20 felony charges and eight felony convictions. DOC records show she was sentenced to 90 months in prison on Jan. 28, 2011. She was then released in 2016.

All three were again arrested in August of this year during a roundup of alleged street-level drug sellers in Okeechobee County. Freak and Merita have been released on bond, while Nunee remains in jail. Jail records indicate he’s been in the county jail for approximately 179 days this year.

At the current rate of $58 per day, per inmate, the Jacksons have amassed a bill totaling roughly $27,608 for the time they’ve spent in the county jail.

Three other local prisoners — Conrad Thitchener, 49, Lisa Kramer, 47, and Michael Exantus, 31 — have also become major expenses for Sheriff Noel Stephen while they await trial.

Thitchener had been in jail a total of 1,083 days for a total cost of $62,814.

Kramer has been in the county jail for 728 days and her total comes to $42,224. Exantus’ time behind bars at the county level comes to a total of $86,072. He has been in jail for 1,484.

As of Wednesday, Sept. 20, there was a total of 20 current inmates who have been in jail for 365 days or longer while they await trial. That means each one of those prisoners is costing local taxpayers $10,220 each, per year. That total includes Thitchener, Kramer and Exantus.

Thitchener is awaiting trial for the alleged Dec. 23, 2014, rape of a West Palm Beach woman. Kramer is being held on five charges that include vehicular homicide and driving under the influence causing death to a human or child. Exantus is being held on a charge of first-degree murder.

When asked why these alleged offenders are having to wait so long for their respective trials, Mr. Albright said because those named above haven’t been to trial he cannot talk about their cases.

In general, however, he said there could be any number of reasons for the lengthy delays.

First, in regard to the Jacksons, the majority of their alleged offenses have been drug related — either for simple possession or sales — which scores low on the score sheet.

“If they come back and reoffend, they just get additional points on the score sheet. Once they start to reoffend and get more points, then we can get more prison time,” he explained.

And to date, none of the Jacksons have reached the point of being classified as habitual felony offenders or prison releasee reoffenders.

To receive a penalty enhancement a habitual offender (H.O.), Mr. Albright said a person has to have two prior felony convictions and those findings of guilt cannot be for the same criminal episode. As an example, if a person writes 10 bad checks that is still just one criminal episode. That person would then have to commit and be found guilty of another felony to make a second criminal episode.

In regard to the situations surrounding the Jacksons he indicated “… for two different (criminal) episodes, one of them cannot be a felony drug possession charge.”

“I can do a habitual offender for drug cases, but one of the prior crimes cannot be for simple drug possession,” he offered.

To be classified as a prison releasee reoffender, or PRR, the new offense has to be a violent crime against a person and it has to be committed within three years of the offender’s release from prison.

“At sentencing, I have to prove all the prior offenses and the new crime, and the judge has to make a finding that I met all the criteria,” explained the prosecutor. “PRR is not an enhancement. It is actually a minimum-mandatory sentence, and the judge cannot go below the maximum.”

As for Thitchener, the prosecutor again said he could not talk about the specifics of that case.

He would say, however, the state has tried to get the case to trial.

“We’ve tried to get this to trial the last several months. We’ll try to get it to trial in October,” he said.

Mr. Albright went on to explain there can be any number of reasons why cases are delayed, such as: witnesses move; the defendant fires their attorney then a new one has to be brought on board and the process starts all over again; a witness doesn’t show up for their deposition, which mean it has to be rescheduled; waiting for DNA results; a lack of resources; and, a lack of funding from law enforcement level all the way up to the court system.

“If we force a case to trial and the defense isn’t ready it can be sent to the appellate court, who will send it back because the defense was ineffective.

We’re in a ‘Catch-22’ here,” he added.

The situation surrounding Kramer’s wait is similar to Thitchener’s in that it’s been twice set for trial but didn’t go. He expects it to go to trial next month.
Regarding Exantus, his situation is much different.

According to court papers he has been found to be incompetent and has been in a mental health facility for a lengthy period of time. But, said Mr. Albright, he’s back in the county jail and waiting for another competency hearing.

“When a case is finally ready for trial it competes on the docket for at least five to 10 — sometimes 20 — other cases waiting to go to trial, I really don’t have a solution to solve the problem,” noted Mr. Albright. “If I was to stand up and say: ‘Judge, I object to a continuance,’ it will come to a point where the judge will say enough is enough. But, it will likely go to the appellate court who will then send it back for another trial.

“So, my hands are tied.”

Below is part 1 of the above story.

Repeat offenders’ jail time is costly to county

OKEECHOBEE — An Okeechobee man was arrested after being accused of pointing a gun at his neighbor.

Charles Randy Hawes, 65, S.E. 44th Ave., Okeechobee, was arrested Sept. 29 by Deputy Matt Crawford on an Okeechobee County felony warrant charging him with aggravated assault with a deadly weapon. His bond was set at $10,000. Jail records indicate he is out on bond.

According to an incident report by Deputy Devon Satallante, of the Okeechobee County Sheriff’s Office (OCSO), a man walked out of his garage because he heard yelling outside, when he saw his neighbor — later identified as Hawes — standing out by his mailbox cussing at him in an attempt to instigate a fight.

Charles Randy Hawes, 65

The report noted that Hawes was highly intoxicated and appeared to have blood coming from his mouth as he walked back into his home. He came out again with a gun.

Hawes began to load the gun near a tree in his front yard and threatened to shoot the man, stated Deputy Satallante’s report.

The man was apparently in his garage and every time he would peek out he would supposedly see Hawes point the gun in his direction. It was at this time that the man called law enforcement, continued the report.

Deputy Satallante’s report went on to say that while he was speaking to Hawes, his wife, who appeared intoxicated, opened the door and fell to the ground hitting her head on the pavement — causing it to bleed and for her to be transported by EMS to Raulerson Hospital.

The man reportedly told Deputy Satallante that he wished to pursue criminal charges against Hawes, whose rifle was collected and submitted into evidence.

After clearing the scene of the incident, the man requested law enforcement to return because Hawes, his daughter and another man were yelling and swearing at him from their property claiming it was the man’s fault for the fall of Hawes’s wife.

Deputy Satallante informed the daughter to stay away from the man and his property along with the consequences of her causing a disturbance finished the report.

OKEECHOBEE — Saturday afternoon a local man was arrested for allegedly punching his girlfriend in the face multiple times and possession of a firearm by a convicted felon.

Justin Alan Driggers, 29, S.E. Fifth St., Okeechobee was arrested on a felony charge of possession of a firearm by a convicted felon and a misdemeanor charge of battery. His bond was set at $20,000. Jail records indicate he has since been released on bond.

According to an arrest report by Deputy Dan Franklin, of the Okeechobee County Sheriff’s Office (OCSO), a crying woman called asking for a deputy.

Justin Alan Driggers, 29

Deputy Franklin pointed out in his report the woman called the personal cell phone of Deputy Todman and stated that she was afraid to be on the phone, was at a neighbor’s house and Driggers was currently at her place of residence.

In the report by Deputy Franklin, it is noted that the woman spoke with Deputy Jessica Francis and stated she went to the Bream Room with Driggers. The pair then headed to a friend’s house, and afterward went back to her home where Driggers then “passed out.”

The woman then claimed she woke Driggers and he became enraged, punching her in the face several times and dragged her through the house by her hair. Driggers then supposedly threw glass projectiles at her.

Deputy Francis relocated the woman to a friend’s residence and provided photographs she had taken of the woman depicting red marks on her neck, scratches to her wrist and bruising below her left eye, stated Deputy Franklin’s report. The pictures were later submitted into evidence.

Deputy Franklin and Deputy Lieutenant Shane Snyder returned to the victim’s house in an attempt to locate Driggers. They then contacted the victim by phone; she gave verbal consent to enter and stated the front door was unlocked, continued the report.

The report went on to say that upon entry Driggers was located in the living room and due to the statements made earlier by the woman along with the physical evidence, Driggers was arrested.

It was also discovered that Driggers – a convicted felon according to National Crime Information Center (NCIC)/ Florida Crime Information Center(FCIC) – had purchased a .22 caliber rifle the night before for approximately $250, had taken a photograph of himself with the rifle – and sent it to his brother – and was aware of firearms owned by the woman while living together for approximately 55 days the woman told Lt. Snyder.

Deputy Franklin’s report also noted that Lt. Snyder then contacted the man who sold Driggers the rifle, telling him he knew Driggers from the victim, admitted to selling the rifle – Driggers stated it was for the victim’s son – and that Driggers did not mention anything to him about being a convicted felon.

The report by Deputy Franklin finished by stating the firearm was going to be sent to the lab to determine if Driggers’s fingerprints are on it and the sworn statements by the victim, along with the man who sold Driggers the rifle, added the charge of possession of a firearm by a convicted felon.

It was noted throughout Deputy Franklin’s report that Driggers’s girlfriend – who called in the incident – refused any assistance from Emergency Medical Services (EMS) for her injuries, refused to fill out a complaint affidavit, refused to sign a waiver of prosecution and that she did not wish to pursue charges against Driggers because his family knows numerous individuals in the county.

If you or someone you know is a victim of domestic violence, contact Martha’s House at 863-763-2893.

GLADES COUNTY — A Glades County man was executed Oct. 5 by way of lethal injection for two convictions of first-degree murder. The murders occurred in 1983.

Cary Michael Lambrix, 57, of LaBelle, was pronounced dead by a doctor who checked Lambrix’s chest with a stethoscope and shined a light in both of his eyes, noted the Orlando Sentinel. Lambrix is survived by his father, mother, three children and seven grandchildren.

According to the Supreme Court of Florida, Lambrix filed both a successive motion for post-conviction relief and a motion for post-conviction DNA testing. In December 2015, the post-conviction court summarily denied both of Lambrix’s motions. Lambrix appealed these orders to the Supreme Court of Florida and filed a petition for writ of habeas corpus.

Supreme Court of the State of Florida

The Supreme Court of Florida concluded Lambrix was not entitled to a new penalty phase based on Hurst v. Florida, which found Florida’s system for sentencing people to death was unconstitutional because it gave too much power to judges, instead of juries; and further rejected the other grounds for relief that he raised as devoid of merit. The Supreme Court of Florida affirmed the post-conviction court’s denial of relief and denied Lambrix’s separate petition for habeas corpus.

The facts of the case were set forth in Lambrix’s direct appeal of his conviction and sentence of death.

According to the original trial testimony, on the evening of Feb. 5, 1983, Lambrix and Frances Smith, his roommate, went to a tavern where they met Clarence Moore and Aleisha Bryant. Late that evening, they all ventured to Lambrix’s trailer to eat spaghetti. Shortly after their arrival, Lambrix and Moore went outside. Lambrix returned about 20 minutes later and requested Bryant to go outside with him. About 45 minutes later Lambrix returned alone.

Smith testified that Lambrix was carrying a tire tool and had blood on his person and clothing. Lambrix told Smith that he killed both Bryant and Moore. He mentioned that he choked and stomped on Bryant and hit Moore over the head. Smith and Lambrix proceeded to eat spaghetti, wash up, and bury the two bodies behind the trailer. After burying the bodies, Lambrix and Smith went back to the trailer to wash up. They then took Moore’s Cadillac and disposed of the tire tool and Lambrix’ bloody shirt in a nearby stream.

The Tampa Bay Times reported that two days prior to the scheduled execution Lambrix “talked about life and death, his last meal and upcoming funeral, and criticized a court system that has long insisted would not consider evidence that would spare his life.”

Lambrix told reporters that “it won’t be an execution. It’s going to be an act of cold-blooded murder.”

Lambrix claimed that he killed Moore in self-defense after Moore killed Bryant during their night of drinking.

Lambrix claimed he had walked away from a prison work release program and did not report the killings to law enforcement because of a possible long sentence for his escape.

The Tampa Bay Times noted that he was largely convicted on the testimony of his friend and roommate Smith, who admitted to having an affair during the trial with an investigator for the state attorney’s office.

Lambrix’s first trial ended in a hung jury but he was convicted during retrial on two counts of first-degree murder in two divided jury recommendations – with counts of 8-4 and 10-2 in favor of the death penalty being applied. The U.S. Supreme Court had found Florida’s death penalty law unconstitutional and state legislators have since changed the law on two occasions.

Lambrix’s lawyer, William Hennis, argued to the U.S. Supreme Court that since the jury recommendations were not done unanimously, in accordance with the Florida Supreme Court ruling in October 2016, but with only a majority vote, they should be thrown out. The Supreme Court of Florida, however, has ruled that Lambrix’s case is too old to qualify for relief from the new sentencing and that it only applies to cases back to 2002. The U.S. Supreme Court denied Lambrix’s last appeal Thursday night prior to his execution.

During his interview Tuesday, Oct. 3, Lambrix voiced regret for not giving police a statement at the time of his arrest in 1983 and for not accepting a plea-bargain of second-degree murder offered by prosecutors with a possible sentence of up to 24 years. He would have been released from prison over a decade ago, if that offer had been accepted.

Lambrix had been on death row for over 30 years and his first death warrant was signed by former Florida Governor Bob Martinez, who left office in 1991. Florida Governor Rick Scott signed Lambrix’s death warrant in November 2015 but the execution had been postponed after the Hurst v. Florida decision that happened two short months later in January 2016.

Lambrix’s final meal was one similar to what his mother promised to have made upon his exoneration: a Thanksgiving-style dinner that comprised of turkey breast and leg, giblet gravy, stuffing, mashed potatoes, sweet potatoes and brown sugar, mixed vegetables with butter, a dinner roll with honey and butter, pumpkin pie with whipped cream, vanilla-caramel gelato, and chocolate milk. Lambrix expressed that his final words would be “…to say the Lord’s Prayer,” and as the lethal injection took its effect, he ended with “deliver us from evil.”

OKEECHOBEE — A 43-year-old Okeechobee man was arrested late in the evening Tuesday, Oct. 10, on a misdemeanor charge of battery for dragging his girlfriend off the bed and hitting her in front of her two daughters.

According to the arrest report by Deputy Nathaniel Mitchell, of the Okeechobee County Sheriff’s Office (OCSO), he responded to a disturbance complaint made by the victim’s friend who was visiting.

The woman stated in Deputy Mitchell’s report that the couple had been in a relationship — living together for the last eight months — and that she was outside when she heard the two girls screaming and crying “let her go.”

The woman then claimed, as she went to the door, that she saw her friend on the ground with her mouth being covered by the man as he was hitting her on the arms.

Deputy Mitchell’s report contained information from a witness who gave her account of the incident stating she too heard the girls yelling, brought the children outside — where they told her the man was hurting their mother — and when the woman came out of the house, she told them the man hit her and to call law enforcement.

The victim alleged in the report the man dragged her off the bed and started to hit her.

She apparently tried to fight back but could not do so and figured that he stopped attacking her because the girls were screaming and her friends were there also.

The woman also claimed that when they were outside of the house, the man then slammed the door and locked them all out.

Deputy Mitchell’s report took note that the victim became uncooperative during the investigation and refused to sign a voluntary statement.

The woman was provided with a domestic violence packet, a victim’s notification form was completed and submitted and a copy of the report will be sent to Abuse Registry because of the event occurring in the presence of children, per the report.

Domestic violence awareness month

Deputy Mitchell’s report finished with him noting that he spoke with the alleged perpetrator — who appeared to be under the influence of alcohol — and that there was a history of these incidents between the couple.

If you or someone you know is a victim of domestic violence, contact Martha’s House at 863-763-2893.

OKEECHOBEE — A student at the Okeechobee Freshman Campus was arrested Tuesday for bringing a loaded firearm to the school and had 36 extra live rounds with him in his backpack.

Antonio Keith Bartell, 16, N.W. 10th Ave., Okeechobee was arrested on felony charges of possession of a firearm on school property and carrying a concealed firearm. He was booked into the Okeechobee County Jail and then transported to St. Lucie Regional Detention Center, where he was later released on home detention.

Antonio Keith Bartell, 16

It should be noted that the assistant state attorney heading the case, Terry Tribble, “intends on filing charges against Bartell at a future date as an adult,” affording him the opportunity to post bond and be released back into the community.

According to the arrest report by School Resource Officer Deputy Maria Camacho, of the Okeechobee County Sheriff’s Office, Bartell was in the court yard during lunch when she became aware of the situation aforementioned and proceeded to separate Bartell from his backpack.

Deputy Camacho stated in the report that she asked Bartell to keep his hands visible to her while she escorted him to her office where she patted him down for safety reasons.

Upon searching the bag, a Heritage .22 caliber revolver was found inside a green holster that was fully loaded with six rounds of ammunition, 36 live rounds, and 18 empty .22 caliber casings, noted the report.

The report pointed out that the firearm was stolen out of Nacogdoches County Sheriff’s Office in Texas.

OKEECHOBEE — Everglades Elementary School was evacuated Wednesday afternoon due a bomb threat. A call was made to the Okeechobee County Sheriff’s Office (OCSO) regarding a bomb threat. The children were loaded up on school buses and transported to the Okeechobee Agri-Civic Center.

According to Sheriff Noel Stephen, who was present at the  Agri-Civic  told the Okeechobee News that “a call came in around 3 p.m. that an unknown device appeared to be a bomb and was due to go off at approximately 3:45 p.m.”

Everglades Elementary School students were loaded on school buses and transported to the Okeechobee Agri-Civic Center.

“We chose to evacuate based on uncertainty of 100 percent safety of the children and school staff,” said the children.

The children were removed from the school and relocated to the Okeechobee Agri-Civic Center and a search was conducted of Everglades Elementary.

No bomb was found.

“A criminal investigation of a false report of a bomb threat is now under way and we apologize for the inconvenience this has caused to the students, parents and members of the school” the sheriff continued.

Sheriff Stephen also said that “The parents have been great” in reference to their cooperation of the school evacuation.

OKEECHOBEE — A six-person Okeechobee jury Tuesday found a local woman guilty of several charges in the 2015 death of motorcyclist Clinton Griffin, 46.

Lisa Marie Kramer, 47

Lisa Marie Kramer, 47, U.S. 441 S.E., faced charges of DUI manslaughter-leaving the scene, vehicular homicide-leaving the scene, possession of cocaine, and DUI with prior convictions, Kramer plead not guilty.

The six person jury unanimously found her guilty on all four charges.

Kramer was sentenced to 35 years in prison. Her driver’s license has been permanently revoked.

She is awaiting a sentence on the possession of cocaine charge and could also face up to five more years for a violation of probation – grand theft of motor vehicle – in Palm Beach County when she was convicted of her most recent DUI.

In his opening statement, Assistant State Attorney Don Richardson told the jury that a witness to the event, Adam Ward, saw a motorcycle stopped ahead to make a left-hand turn into the Thornberry RV Park. He watched as a Kia failed to slow down and hit the motorcyclist, Clinton Lewis Griffin.

Mr. Richardson said Ward watched the Kia speed away and decided to follow it on his Harley Davidson motorcycle, getting up to a high rate of speed. He said when the motorcycle came almost parallel to the Kia, Mr. Ward motioned for the vehicle to pull over.

The driver of the Kia supposedly gave a hand signal of using a phone.

Mr. Ward called 911 and gave the license tag number of the Kia to dispatch.

In court testimony, Mr. Ward told the jury, “she ran off the road two, three times.”

He said that after witnessing the crash, he followed the vehicle because, “I ride a motorcycle everyday, and hope that someone would do the same for me.”

Law enforcement officials later found an unoccupied Kia matching the description given by Ward’s phone call parked less than a half a mile away from the registered owner’s address.

Okeechobee County Sheriff’s Office (OCSO) deputies spoke with Kramer about 45 minutes after the crash. Corporal Kristin Gray, testified that Kramer “claimed not to be in a crash and did not know where the car was.”

Cpl. Gray also testified that Kramer was “frantic, displayed tedious movements and slurred speech,” and had a “hard time standing and tripped over her own feet.” Cpl. Gray did note that during her encounter with Kramer that she “was very cordial.”

Mr. Richardson said a video of an attempted field sobriety exercise (FSE) in the parking lot located at the Veterans of Foreign Wars (VFW) building in daylight with drizzling rain was conducted by Deputy Steven Pollock – the county’s only Drug Recognition Expert. It was also recorded via Florida Highway Patrol dash camera system.

Deputy Pollock testified that Kramer’s “words mumbled and slurred, was not walking normal and was very talkative.”

Given the poor performance, a blood sample was requested from Kramer — who consented willfully and was tested by Crime Laboratory Analyst, Gina Connelly, of Florida Department of Law Enforcement. According to court testimony, the blood test yielded no alcohol content but did indeed have “five substances reported,” with four metabolites of diazepam within the therapeutic range (meaning it will not kill you but can still be impaired) that was prescribed to Kramer, and one metabolite of cocaine. A search warrant of the vehicle resulted in cocaine being found in the glove compartment.

According to court testimony, Kramer was taken to an interview room at OCSO and read her Miranda Warning, where a video surveillance camera depicted that she then reacted by apparently almost falling asleep, slurred her speech, admitted to driving and not knowing exactly what happened. The interview then finished with Kramer being arrested and supposedly telling her mother in a recorded phone call where she protested her innocence when she stated, “that man, he was drunk and pulled right out in front of me.”

The exterior surveillance camera located at the VFW building recorded the crash and “proves Kramer false,” Mr. Richardson pointed out to the jury.

“His (Griffin’s) mistake was being on the same road at the same time with this defendant,” he said.

Defense attorney Andrew Stine pointed out that the “State’s number one witness – (now retired) Florida Highway Patrol homicide investigator, Trooper Corporal Mark Zook, said ‘no’” when asked if there was any way of knowing that Kramer was impaired at the time of the crash.

“If the lead investigator cannot say, how can the State?” he asked. Mr. Stine and that another vehicle reportedly involved in the crash “whoever drove the red SUV is responsible for Griffin’s death.” He noted that was never investigated.

“The country is held by Constitutional principles…right to a lawyer, right to keep your mouth shut and not say anything … Kramer stated ‘no,’ Mr. Stine told the jury.

He said when Kramer was asked again by Cpl. Zook in the taped interview,‘are you sure?’ she replied ‘no.’

“Without the Constitution we have tyranny. The Constitution is to refrain government, protection to stop government. Saying ‘no’ is apparently not enough, and that Cpl. Zook continues to try and get out of the ‘no’ answer.” Mr. Stine said. He relayed to the jury that Kramer’s “statement was made after she said ‘no’” when asked by Cpl. Zook if she wished to speak with him after being read her Miranda Warnings.

Mr. Stine claimed Kramer was not under the influence when she drove away from the crash site with Mr. Ward in pursuit.

“Do you believe, God rest him, Dale Earnhardt could have drove 105 mph while impaired, rooting in the back of a car for a bag?” he asked the jury.

In regards to the cocaine found in the car, part of Mr. Stein’s argument was that “mere proximity to a substance is not sufficient to exercise control of a substance.”

Testimony from Cpl. Zook and another witness was that Kramer was possibly traveling below the speed limit at the time of the crash. Mr. Stine told jury that approximately “17 mph below the speed limit was not reckless, but precisely the opposite of reckless.”

Mr. Stine reminded the jury, “A reasonable doubt is not a mere possible doubt, a speculative, imaginary or forced doubt. Such a doubt must not influence you to return a verdict of not guilty if you have an abiding conviction of guilt. On the other hand, if, after carefully considering, comparing and weighing all the evidence, there is not an abiding conviction of guilt, or, if, having a conviction, it is one which is not stable but one which wavers and vacillates, then the charge is not proved beyond every reasonable doubt and you must find the defendant not guilty because the doubt is reasonable.”

“To prevent injustices, you follow the law,” Mr. Richardson told the jury. “Please remember that what the attorneys say is not evidence or your instruction on the law. Look at all the evidence in the case, not one or two things. Make your own determination.”

Mr. Richardson continued, “If she (Kramer) was not impaired, she would have been able to avoid a collision” based from witnesses’ testimonies of the rate of travel estimated below the speed limit.

“I completely agree with the defense attorney (Stine) about the testing (blood draw, FSE and interview) would be more accurate if they were done closer in time to the crash. This defendant (Kramer) deprived you of these results when she fled the scene at a high rate of speed and then ditched her car,” Mr. Richardson explained.

Mr. Richardson then summarized that “the etymology of ‘verdict’ means to ‘speak the truth’” and that “the defendant (Kramer) is flatly contradicted by the evidence in this case” in regards to Kramer pleading not guilty.

In a post-trial interview with the Okeechobee News, Mr. Richardson stated, “The people of the State of Florida are safer as a result of the jury’s decision and the sentence handed down by Judge Vaughn.”

Prior to opening statements, the State of Florida prosecuting Kramer, represented by Assistant State Attorney’s Ashley Albright and Mr. Richardson, asked that the defense’s argument of Kramer’s prescription medication being in the therapeutic range not be heard by the jury on the basis of relevance, as she was still operating a motor vehicle under the influence – impairing her normal faculties of the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, and, in general, normally perform the many mental and physical acts of daily life.

Defense Attorney Stine, objected that it is imperative to allow the jury this information, as Kramer’s argument of not guilty is that she was not impaired at the time of the traffic crash.

The State’s motion was denied by 19th Circuit Court Judge, Dan L. Vaughn, presiding over the criminal case, based on his view as it being relevant for the jury.

OKEECHOBEE — An Okeechobee man was arrested for allegedly being in possession of marijuana with intent to sell and possession of drug paraphernalia, after being pulled over for an expired tag and a faulty headlight.

Manuel Mojica, 33

Manuel Mojica, 33, N.E. 11th Way, Okeechobee, was arrested Oct. 31 for a felony charge of possession of marijuana with intent to sell and a misdemeanor charge of possession of drug paraphernalia. His bond was set at $11,000.

According to an arrest report by Deputy Brian Cross, of the Okeechobee County Sheriff’s Office (OCSO), he initiated a traffic stop on a blue Honda traveling north around the 800 block of U.S. 441 S. due to an observation by the deputy of a headlight that appeared not to work and the tag was expired in July of this year.

Upon meeting the registered owner of the vehicle, Mojica, Deputy Cross noticed that he was very nervous with hands shaking and avoiding eye contact. Deputy Cross noted that Mojica’s eyes appeared to be bloodshot and that he could smell the odor of marijuana coming from inside the vehicle.

The report continued that Mojica was asked to step out of the vehicle and consented to his body being searched – on which nothing was found – and it was explained that the deputy could smell marijuana coming from him and inside the vehicle. Deputy Cross opened the door to the vehicle and did not see any marijuana in the driver’s door.

K-9 Magnum was tasked to locate the suspected illegal narcotics and gave a positive alert to the center console, at the floor, next to the gas pedal and was returned to the patrol vehicle afterward.

Deputy Cross stated in his report that after searching where Magnum had alerted, a plastic access panel concealed a plastic bag containing eight grams of suspected marijuana.

Further investigation revealed a glass jar which contained two plastic bags with approximately four grams of suspected marijuana and two grams of suspected loose marijuana in each, located in the trunk, behind the carpet and next to the inside fender.

The report points out that the suspected marijuana all field tested positive, was located in two separate locations in the car, weighed a total of 18 grams and photographs were taken that were submitted into evidence.

Deputy Cross’ report concluded with Mojica being arrested on charges of possession of marijuana with intent to sell and possession of drug paraphernalia. He also received a citation for the faulty equipment and for a tag expired less than 6 months.