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Victim in Howard Creek fire identified

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HOWARD CREEK — A man who perished in a Feb. 20 residential fire in Howard Creek has been “presumptively” identified.

Over the weekend the Medical Examiner’s Office of the 14th Judicial Circuit closed its case, saying the identity of the victim is presumed to be Gerald Fegin Stewart.

Stewart, 89, and also known as Pat, was the resident of the home at 110 Foxchase Drive in Howard Creek that burned to the ground Feb. 20.

The residence was described by investigating officers as “just gone.”

The Medical Examiner’s Office is working with son of Stewart’s on possibly obtaining dental records to confirm the identity, but officially closed the case.

The Gulf County Sheriff’s Office dispatchers received a 911 call the evening of Feb. 20 reporting a structure fire on Foxchase.

The caller told dispatchers they believed someone was still inside the building.

Firefighters from the Howard Creek, White City and Wewahitchka Volunteer Fire Departments responded, as did sheriff’s deputies.

The residence was already engulfed in flames when emergency personnel arrived and firefighters needed an hour to extinguished all the flames in the structure was completely destroyed.

Stewart’s body was found inside.

The State Fire Marshal’s Office had yet to close their investigation of the fire as of press time.

Gulf County Sheriff Mike Harrison said early in the investigation that foul play did not appear to be a factor.


Jail looms for Florida mom who fled with son to fight circumcision

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DELRAY BEACH (AP) — A woman who fled with her son while fighting to prevent his circumcision will face imprisonment if she doesn't return and allow the surgery to proceed, a judge ruled Friday.

In a stinging rebuke of the mother, Heather Hironimus, Circuit Judge Jeffrey Gillen said she had successfully dragged out a legal battle and was “reprehensible” for going missing with the boy and for conduct that has put the 4-year-old in a public spotlight “making him an object of curiosity and worse.” He found her in contempt and demanded she appear in court Tuesday with the child or he would command police to find her.

She will only avoid jail on the contempt charge, Gillen said, if she signs paperwork necessary to schedule the procedure that she initially agreed to in a legal document.

“This child has been placed in a light that provides much too much scrutiny for a little boy,” the judge said. “I blame no one but the mother for that.”

It was the latest dramatic turn in a case nearly as old as the boy himself, and one that has become a rallying cry for “intactivists,” the circumcision opponents who say removing the foreskin is barbaric. Though Hironimus gave her blessing to circumcision in the parenting plan she reached with the boy's father, Dennis Nebus of Boca Raton, she later changed her mind, leading to a long court battle. Circuit and appellate judges have sided with the father.

The father has called circumcision “just the normal thing to do.” The mother said it's not worth the risks.

After Hironimus, of Boynton Beach, refused to sign papers to allow the circumcision and after protesters spotlighted the case, potential surgeons have backed out of circumcising the boy. Both Nebus and the boy's doctors have received death threats. Meantime, the mother has stoked the protests and publicity, despite a court order not to, said May Cain, an attorney for the father, who appeared in court.

“She's willing to flee with him and plaster him all over the Internet and do anything she can,” Nebus said. “She's stated that she's going to do everything that she can to stop it.”

Nebus said he has not seen his son since Feb. 19. Thomas Hunker, the attorney for Hironimus, said he did not know where his client was. After the hearing, Hunker said “We're concerned for the child's wellbeing and emotional condition.”

Though circumcision rates have fallen in the U.S., a majority of boys still undergo the procedure, though a bubbling movement against it has developed. The CDC says medical evidence shows benefits clearly outweigh risks, and that circumcision can lower a male's risk of sexually transmitted diseases, penile cancer and urinary tract infections.

Man involved in 2006 murder case arrested again

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PANAMA CITY — A man who was convicted of assisting in a murder in 2006 was back in court Friday, according to court records.

Eric Anthony Baker Jr., 27, was arrested Thursday on a charge of domestic battery after officers found his girlfriend of two years with several lacerations on her face, according to arrest records.

Baker and his 21-year-old girlfriend broke up the previous evening before he was rearrested Thursday. Police said at about 8:45 a.m. he pushed her to the ground at an East Fifth Street apartment and struck her in the face several times. The two had been in a relationship for two years, the woman told officers.

Baker denied being involved when police caught him fleeing the scene on a bicycle. He had a thick red liquid on his face and left sock, consistent with blood splatter, police reported.

In 2006, Baker was found guilty of accessory to second-degree murder with a firearm and sentenced to eight years in prison to be followed by probation. He was found guilty of aiding and abetting Daryl Black, 27, of shooting Woodrow Cherry multiple times in the head, according to court records.

Baker drove Black to Callaway where Black got into a car with Cherry and shot him several times in the head in the area of Berthe Avenue. Baker then drove Black to Parker and helped conceal the murder weapon.

Baker is now being held without bond, court records indicated, for violation of probation.

Man pleads to impersonating bail bond agent

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PANAMA CITY — A man convicted of harassing an undercover narcotics investigator has pleaded no contest to impersonating a bail bond agent, according to court records.

Christopher Robert Smith, 31, pleaded no contest Thursday to charges he acted as a bail bondsman, which included allegedly capturing fugitives and taking them to jail, but prosecutors dismissed charges of false imprisonment. Smith was sentenced to two and a half years in prison, and that time will be served concurrently with a five-year sentence he received after a jury found him guilty of harassing an undercover officer with ties to his arrest.

“That’s how he wanted it, because it will probably take about three years to appeal the court’s decision,” said defense attorney Lisa Ann Anderson.

Anderson represented Smith in the case of impersonating a bail bond agent, but she said Smith is going to appeal the jury’s decision to convict him of harassment on First Amendment grounds. Anderson said the charges against Smith for harassing an officer had been inflated from a charge of assault, of which Smith was acquitted.

“This boils down to, basically, you don’t have a freedom of speech right when you’re out on bond,” Anderson said.

Smith, of Panama City, was convicted Feb. 10 of yelling obscenities at a Bay County investigator in a local convenience store. The officer, who had arrested Smith previously, was there with his 4-year-old daughter. As they were trying to drive away, Smith boxed in their car with his own and took a picture of the officer and his daughter. Smith then posted the picture on Facebook and identified him as an undercover officer.

Smith was convicted of tampering with a witness, and Circuit Judge Brantley Clark handed down a five-year sentence for that charge.

Smith knew the BCSO investigator from a 2012 narcotics investigation. During that investigation, BCSO was called in to assist the Florida Department of Financial Services Division of Insurance Fraud in a search of Smith’s home. Smith was arrested for allegedly impersonating a bail bondsman, which entailed apprehending two individuals and transporting them to jail, and a variety of drug-related charges, according to court documents.

BCSO said Smith also obtained some narcotics by posing as the bail bond agent and shaking down strippers and others who he knew to have active warrants.

However, the possession of controlled substances and firearms charges were dropped after Smith’s attorney, Anderson, demonstrated BCSO gathered the evidence during what Judge Clark ruled an “illegal search.”

Anderson argued BCSO requested information on firearms after the search of Smith’s home and vehicle began, indicating they had been seized before the time they received a search warrant.

Clark ruled the officers “conducted an illegal search of (Smith’s) home and vehicle prior to obtaining a consent to search.”

BCSO has since said Smith gave verbal and written consent to the search prior to requesting the search warrant.

Smith also claimed BCSO obtained statements from himself and his father, a Panama City police officer, by allegedly implying that criminal consequences would not follow those statements. However, Clark would have allowed those statements to be admitted as evidence during Smith’s trial before Thursday when he pleaded out.

Smith has been adjudicated guilty of three counts of acting as a bail bond agent without license and burglary of a dwelling. Three counts of false imprisonment were dismissed.

National forest closes crime scene areas after fatal shooting

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APALACHICOLA NATIONAL FOREST — A U.S. Forest Service spokesman confirmed Friday that three portions of the Apalachicola National Forest, including the area where the Rainbow Gathering held a month-long permit to assemble, are now closed until further notice.

The decision was made following a Thursday morning shooting at Wright Lake that left one man dead and two hospitalized in critical condition.

As of late Friday, the Franklin County Sheriff’s Office had not released the names of those involved and no arrests had been made.

Susan Blake, a public affairs specialist in Tallahassee, said the two areas of the forest adjacent to where the gathering had its base camp — Wright Lake and Hickory Landing — will be vacated by the end of the day. These areas include an RV site at Wright Lake, and a primitive campground at Hickory Landing, which are both now closed.

Also closed is a cordoned-off area west of the Wright Lake campground, where the Rainbows had a special use permit to conduct a seed camp between March 1 and 6, a gathering March 7 to 22, and clean-from March 23 to 30.

 “Because that’s a crime scene, the permit is canceled for the law enforcement investigation,” Blake said. “They (the Rainbows) weren’t actually camping in Wright Lake or Hickory Landing, but those two recreational sites are close to the area.”

A third area, Moore Lake, which is near Silver Lake off State 20, is also being closed.

Blake said signs are being put up along State 65 notifying motorists of the closures of Wright Lake and Hickory Landing.

She said the decision was made by consultation among forest service personnel from the local, regional and Washington, D.C. offices.

“People have to vacate,” Blake said. “We have to give them time to pack up and leave.”

UPDATE: First ticket issued for Spring Break scooter vest violation

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PANAMA CITY BEACH — Panama City Beach Police have issued the first ticket under a scooter rental law that is being challenged in Circuit Court.

Police on Thursday gave California Cycles a $50 ticket for allowing two customers to drive off the Front Beach Road scooter rental business without wearing bright green fluorescent safety vests, which the city is requiring in a new law that soon will be tested in court.

Until now, police have balked at enforcing the scooter rental law as the city battles California Cycles in civil court over a challenge to the law.

--- MORE SPRING BREAK COVERAGE»»

Owner Rick Roof said he has the vests but is not forcing riders to wear them. He said many scooter riders don’t want to wear the vests, so the requirement is hurting his business. He has a petition with signatures of riders opposed to the vest requirement.

Four out of five spring breakers interviewed randomly at the California Cycles business at 13416 Front Beach Road on Friday afternoon said they oppose the vest requirement.

“It takes away from the people’s rights, and also takes away from your style of who you are and forces you to be the same as somebody else,” said Vorjas Borjas, a spring breaker from Houston. “If another shop doesn’t [require the vest], everyone is going to go to that shop. You are creating a monopoly.”

Roof said the city has overstepped its authority with the vest requirement because vehicle safety gear is under the control of the state.

Classy Cycles, doing business as California Cycles that has five scooter rental businesses on the Beach, has sued the city and Bay County, stating the regulation requiring insurance coverage and a mandate that riders wear fluorescent green safety vests should be dictated by state law. Classy Cycles contends in court documents that state law supersedes local laws, and state law does not require the insurance coverage or vests.

Since the lawsuit was filed in June, the council amended its ordinance so safety vests must to be worn only on city streets. Because Front Beach Road is a state road, scooter riders don’t have to wear the vests on that road, which is popular with the scooter riders. The ticket was issued on the grounds the riders left California Cycles without wearing the vests.

City officials “are just trying to nuance (the law) to get it by the court and it’s not going to work,” said attorney Robert Sale, representing California Cycles in the lawsuits.

On March 2, Panama City Beach Police Chief Drew Whitman warned scooter rental businesses in a letter that “enhanced enforcement” would be occurring this week of the new vest and helmet ordinance. The ordinance states that scooter rental businesses also must have helmets available for riders to wear if they request them. Roof said he has those on his property.

Whitman said in his letter the enforcement is occurring “to ensure the ongoing safety of both our community and visitors during Spring Break 2015.”

--- MORE SPRING BREAK COVERAGE»»

Sale said the city law requiring the vests is invalid and California Cycles does not want to be complicit in endorsing safety equipment that has not been approved by the National Highway Traffic Safety Administration or the state of Florida.

Sale said the city citation could mean the case now will go before a county judge on the ticket and a Circuit Court judge on the lawsuit.

“This could wind us up in front of a county court judge with the same issues we’re arguing already in Circuit Court,” Sale said. “So they decided to open up a two-front war.”

4 arrested for passing fake money; caught with $15,000 in bills

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PANAMA CITY BEACH — Two people suspected of passing counterfeit bills in Panama City were among a group of four Tennessee residents arrested for using fake money at Pier Park.

Melisa Jones, 34, Treston Anders, 19, Gregory Maxwell, 50, and Kevin Williams, 32, were arrested on Thursday. Jones and Johnson face eight counts of principal to uttering forged bills and two counts of principal to scheme to defraud. Maxwell faces two counts of principal to uttering forged bills and one of principal to scheme to defraud. Williams faces one count of each charge.

Anders also gave a false name and age upon his arrest, police said.

The suspects, all from Tennessee, were arrested and charged Thursday night at a PCB hotel after passing some of the bills at Pier Park, police said. Authorities seized more than $15,000 in counterfeit cash, police reported. The group was found soon after Panama City Police released information on a man and woman passing counterfeit bills at the Publix and Wal-Mart on 23rd Street.

Anyone with more information on the case is asked to call the PCPD at (850) 872-3100 or they can report their tips anonymously to CrimeStoppers at (850) 785-TIPS.

Police: Former UF professor gave ex-convict $37K before he was killed

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GAINESVILLE (AP) — At first, it appeared retired University of Florida professor Thomas Oakland died in a tragic house fire. Now, police think the 75-year-old man who friends say was “generous to a fault” was done in by his own kindness.

An autopsy found that Oakland, a child education expert and volunteer, was beaten to death prior to the blaze at his Gainesville home Wednesday. Authorities say the professor had given at least $37,000 to an ex-convict in recent years and “just wanted to be a good Christian and help a poor man get back on his feet.”

Late Thursday, 38-year-old Stephen Underwood was arrested on charges including murder, arson and burglary. Underwood had been released from prison Dec. 22 after serving time for fraud and trafficking in stolen property, according to state records. Police said in recent weeks he had been asking Oakland for more money, and when he didn't get it, they believe he bludgeoned Oakland to death, took cash and set fire to the home to hide the crime.

“Apparently, Underwood knew Oakland kept cash in the house,” Gainesville Police spokesman Officer Ben Tobias said.

Underwood, a day laborer who is currently unemployed, is being held without bail.

Things started to go wrong last month, police said. The professor contacted police to file reports that he'd been defrauded by Underwood. Oakland told officers at the time that he knew Underwood had taken advantage of him, but he wanted to help the man.

At the time, Oakland told officers he wasn't concerned about Underwood stalking or harassing him, police said, he just wanted him off of his property. Oakland said he'd figured out he was being taken advantage of because Underwood just kept coming back for more money, and wanted it to stop.

Court records show Underwood has a long rap sheet: In 2014, he was convicted of swindling, fraud and dealing stolen property. He's also been convicted of drug charges, forgery and grand theft.

Police said Underwood's wife, Sherry Underwood, 58, told police that her husband had a bag with a large amount of cash she believed he had taken from Oakland.

“She knew he was unemployed and had no funds of his own, and all of a sudden he had a bag of cash,” Tobias said.

Sherry told police that her husband had left home for a few hours on the day of the fire, then came back, changed clothes and said they were splitting town.

The two bought a new cellphone and rented a hotel room.

The U.S. Marshals Florida Regional Fugitive Task Force and local police in Jacksonville found Underwood, and after a chase, caught him.

Friends of Oakland praised his keen intellect, tireless work ethic and generous spirit.

He was a prominent professor of education psychology until his retirement in 2010, who'd authored or edited 12 book and hundreds of articles.

Still, friends said he was “generous to a fault” at times.

“He was always trying to help people who needed it, and without any regard for his own safety,” said Tina Smith-Bonahue, a professor of school psychology who worked with Oakland.

“He just always assumed the best of everybody and could not imagine they would wish him ill.”

Glenn Good, dean of the school's College of Education, said Oakland was an exemplary world-class scholar in the field of school psychology.

“We will continue to be inspired by his extraordinary commitment to the college and his profession, his caring and love for his family, compassion for his students and graduates, and his grace and humor.”


BCSO arrest log (Feb. 23-March 4)

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Information is provided by the Bay County Sheriff’s Office on people arrested on charges Feb. 23 to March 4. Those arrested can contact The News Herald if charges are dropped or if they are acquitted. Addresses are those given by the defendant during arrest.

--- MUGSHOTS»»

Marcus Walter Harper, 23, 709 Kraft Ave., Panama City, possession of methamphetamine with intent to distribute, manufacture, sell or deliver, possession or use of narcotic equipment, possession of weapon or ammuniotion by felon

Waldemar Casado-Rivera, 31, 1722 W. 17th St., Panama City, aggravated abuse

Willie Fred Boston, 33, 2118 High Ave., Panama City, robbery

Harry Thomas, 39,  Ocala, grand theft

Andrea Lindsey Bearty, 26, 15100 Front Beach Road, Panama City, possession or use of narcotic equipment, possession of controlled substance without prescription

Beau Christopher Root, 30, 4105 Harlan Hope Drive, Panama City, possession or use of narcotic equipment, possession of controlled substance without prescription

Frank Vincent Sprague, 49, 4810 W. Highway 98, Panama City, possession of marijuana with intent to distribute, manufacture, sell or deliver, possession or use of narcotic equipment

--- MUGSHOTS»»

Mark Douglas Cato, 27, 3960 Arbortrace Drive, Panama City, possession or use of narcotic equipment

Shanna Lynn Strickland, 32, possession of methamphetamine with intent to distribute, manufacture, sell or deliver, possession or use of narcotic equipment

Danny Gene Lachney, 32, 10270 Front Beach Road, Panama City Beach, grand theft

James Patrick Hellings II, 32, 604 Seabreeze Drive, Panama City, possession of methamphetamine with intent to distribute, manufacture, sell or deliver, possession or use of narcotic equipment

Raymond Lee Baker, 43, 14009 Millcole Ave., Panama City, possession of methamphetamine with intent to distribute, manufacture, sell or deliver, possession or use of narcotic equipment

Corey Michael Clarke, 25, 3715 W. 22nd Court, Panama City, possession of controlled substance without prescription

Melissa Nicole (Whitford) Ducker, 31, 2531 E. 40th Plaza, Panama City, possession of methamphetamine with intent to distribute, manufacture, sell or deliver, possession or use of narcotic equipment

Robert John Housby, 24, 1409 Hickory Ave., Panama City, possession of opium or derivative with intent to distribute, manufacture, sell or deliver, possession or use of narcotic equipment, possession of controlled substance without prescription

Eva Marie (May) Haddock, 38, 1133 Balboa Ave., Panama City, possession of methamphetamine with intent to distribute, manufacture, sell or deliver, possession or use of narcotic equipment

--- MUGSHOTS»»

Bobby Lee Williams, 57, 5116 Thornton Lane, Parker, aggravated assault with a deadly weapon without the intent to kill

Doris Jean Crossman, 51, 607 W. 11th St., Panama City, aggravated assault with a deadly weapon without the intent to kill

Daniel Ray Hammock, 38, 14133 Helms St., Vernon, possession of methamphetamine with intent to distribute, manufacture, sell or deliver, possession or use of narcotic equipment

Carlos Monoleto Wells Jr., 20, 741 Sheffield Panama City, possession or use of narcotic equipment

Carlos Monoleto Wells, 41, 409 School Ave., Panama City, possession of cocaine with intent to distribute, manufacture, sell or deliver, possession or use of narcotic equipment

Billy Alexander Laney, 24, 1505 Lincoln Ave., Panama City, possession of marijuana with intent to distribute, manufacture, sell or deliver, possession or use of narcotic equipment

Master Ethan Alexander Roulhac, 23, 3922 Torino Way, Panama City, possession or use of narcotic equipment

Tasavion Jamiel Butler, 31, 329 N. Fox Ave., Panama City, possession of cocaine

Jonathan Tarik Francisca, 20, Boca Raton, possession or use of narcotic equipment

Yousef Alanzi, 20, Boca Raton, possession or use of narcotic equipment

--- MUGSHOTS»»

Beverly Silva, 49, prostitution

Andrew John Kuiper, 21, Wyoming, Mich., burglary

Gerald Craig (Yarborough) Yarbrough, 50, 115 Parker Village, Panama City, possession of cocaine

Lafabian Demorius Lawson, 23, Montgomery, Ala., aggravated battery

Jeffrey Wayne Selph, 45, burglary

Amanda Rae Partin, 24, 1118 Friendship Ave., Panama City, felony battery

Minh Loi Savageau, 27, 5421 Winona St., Panama City, possession of controlled substance without prescription

Tony Edward Hinds, 42, 12728 Scott Road, Youngstown, possession or use of narcotic equipment

Rebecca Lee Jones, 45, 8444 Eastwood Ave., Panama City, possession of methamphetamine with intent to distribute, manufacture, sell or deliver, possession or use of narcotic equipment

John Joseph Benton, 23, 3609 Delwood Drive, Panama City Beach, possession or use of narcotic equipment

--- MUGSHOTS»»

Deonte Richard Williamson, 22, 1211 E. 26th St., Lynn Haven, possession or use of narcotic equipment

Michael Daniel Broxson, 22, 1406 S. Berthe Ave., Panama City, aggravated battery

Carson Ashley Kuhns, 26, 911 Bradford Circle, Lynn Haven, possession or use of narcotic equipment, possession of marijuana

Tiffany Fair Mowbray, 34, 6000 Tanner Road, Panama City, possession or use of narcotic equipment, possession of methamphetamine with intent to distribute, manufacture, sell or deliver

Michael Aaron Soto, 27, 123 Claire Ave., Springfield, aggravated assault with a deadly weapon without the intent to kill

Alejandro Santi Rodriguez, 34, 1128 S. Gay Ave., Callaway, robbery, burglary

Aleaundre Deshawn Owens, 22, possession of cocaine, burglary, sexual assault

Tyler Jacob Peace, 19, 6441 Ammons Lane, Youngstown, burglary

Mary Elizabeth Dyer, 28, 22109 Clarks Road, Panama City, neglect child without great bodily harm

Stephen Martin Combs, 28, 9227 Front Beach Road, Panama City Beach, possession or use of narcotic equipment, heroin trafficking

Heather Angela Ammons, 41, 2707 Rose Lane Court, Panama City Beach, possession of controlled substance without prescription

James Lilmac Mceachern, 22, 513 Tracey Drive, Panama City, possession or use of narcotic equipment

Mary Elizabeth Dubose, 39, Canton, Ga., possession of methamphetamine with intent to distribute, manufacture, sell or deliver

Justin Lamar Lassiter, 25, 1503 Springate Drive Panama City, possession of marijuana with intent to distribute, manufacture, sell or deliver

--- MUGSHOTS»»

Sheriff: Okaloosa paramedics sought in child sex assault case

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PENSACOLA (AP) — Two Florida Panhandle deputies face charges of sexually assaulting a minor and arrest warrants have been issued for two paramedics also linked to the case.

Escambia County Sheriff David Morgan said during a news conference Monday that Walter Michael Thomas, 44, and Mark Gene Smith, 40, have been placed on unpaid administrative leave and are being held in jail. They have both been charged with sexual assault on a victim over the age of 12.

Authorities are searching for Okaloosa County paramedics Leah and Douglas Manning. According to arrest reports, the couple knew the deputies and took videos while one of the men was involved in sexual acts. Leah Manning previously worked as a nurse at the Escambia County Jail.

The Mannings, who are married, were known as swingers and openly had multiple sexual partners, Morgan said. Investigators found hundreds of thousands of photos and videos related to the investigation on the manning's computer. The Mannings are believed to have fled the state, Morgan said.

The Pensacola News Journal reports that the deputies each face up to 30 years in prison if convicted. According to the arrest report, both deputies denied any wrongdoing.

Sex allegations dismissed

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PANAMA CITY — Prosecutors have abandoned charges against a Millbrook, Ala., man accused of lascivious molestation and lewd and lascivious exhibition on a 14-year-old, according to court documents.

The charges against 37-year-old Ryan Edward Fales, stemming from a June incident, were abandoned Monday by State Attorney’s Office. Panama City Beach Police arrested Fales and charged him based on statements gathered from witnesses.

Witnesses said Fales inappropriately touched a 14-year-old girl and also exposed his genitals to her. However, those charges were abandoned Monday.

Records excluded as jury seated in attempted murder trial

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PANAMA CITY — A jury has been seated in the trial of a Panama City Beach man accused of shooting at two customers after a drug deal turned sour.

But as trial was imminent Monday, 29-year-old Sonny Eric Pierce requested his cellphone records be withheld from the jury’s scrutiny, according to court records.

Pierce, of Panama City Beach, is facing charges of attempted second-degree murder, shooting into an occupied vehicle, discharging a firearm in public and aggravated assault with a firearm after allegedly shooting into a car during a drug deal gone wrong in June 2013. One of the potential customers was hit in the hand and chest, according to arrest records. The other passenger was uninjured following the incident.

Pierce’s trial will continue Tuesday after Circuit Court Judge Brantley Clark Jr. decided jurors will not hear cellphone records leading to the shooting. Pierce claimed the records were taken in a violation of his 4th Amendment right; his attorney argued officers did not have probable cause when they searched his phone following the shooting.

“At no point prior to the warrantless search of (Pierce’s) cellphone did law enforcement procure or attempt to procure a search the warrant,” the motion to suppress the evidence indicated.

Police argued the cellphone was used to arrange the drug deal that led to the shooting, and they had probable cause to search the phone. Four days after the shooting, they received a search warrant.

Clark held that those records will be suppressed during the trial, in which two men say Pierce pulled a gun on them during a drug deal.

Jeramy Ducharme and David Simmons claimed they met with Pierce at the Home Depot, 409 E. 23rd St., to make a drug deal.

All three met in Pierce’s car and, as they began to negotiate a marijuana deal, Pierce allegedly pulled a pistol. Both Ducharme and Simmons fled the vehicle and got back in their car. As they started to drive off, Pierce stood in front of the car and fired once through the front windshield, hitting Ducharme in the hand and chest. Ducharme continued to drive off when Pierce fired a second round into the driver’s door, police said.

Ducharme survived the shooting, and Simmons escaped without injury.

Pierce also is facing a second count of discharging a firearm in public, charges of possessing a firearm while committing a felony, use of a two-way device to commit a felony, possession of paraphernalia and possession of marijuana with intent to sell.

Those charges will be discussed during a pretrial conference also scheduled for Tuesday. Pierce has been released on his own recognizance.

BCSO searches for fraud suspect (VIDEO)

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PANAMA CITY — The Bay County Sheriff’s Office is investigating the fraudulent use of a person’s credit card to conduct several transactions without the victim’s knowledge or permission.

Investigators believe the suspect is a white male with a goatee, in his 30s, of medium height and build. He was captured on security cameras using the credit card at area businesses. The suspect was wearing a pair of blue jeans, a grey long-sleeve American Eagle zip-up hoodie, dark-colored hat, sunglasses, dark-colored shoes and a light-colored collared shirt with a dark-color shirt underneath.

Anyone with information on this suspect is asked to contact the Bay County Sheriff’s Office at (850) 747-4700 or Crime Stoppers at (850) 785-TIPS.

--- VIDEO: SUSPECT ON FILM»»

Group trying to renew interest in Reny Jose's disappearance

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PANAMA CITY BEACH — A Baltimore community safety patrol group will be holding an event Friday to renew interest in the search for a spring breaker who went missing last year.

The Baltimore Guardian Angels will be accompanying Reny Jose’s parents to host a “Honk for Reny” campaign. The campaign is intended to raise awareness and breathe life back into the search for Jose, according to an announcement by the Baltimore Guardian Angels.

Reny Jose, a 21-year-old student of Rice University, went missing within the first week of Spring Break last year. He was last seen March 3 at a beach home in the 21000 block of Front Beach Road. Jose’s clothing and personal items were found in a garbage can near the home. Jose’s whereabouts have not been determined since.

The Angels are also asking people help alleviate the costs of the trip. A gofundme.com account has been set up to cover accommodations, travel and supplies for the Baltimore Guardian Angels.

Indiana man arrested on gun, drug charges

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PANAMA CITY BEACH — Officers arrested an Indiana man Monday at about 3 a.m. after security at a condominium complex reported seeing a gun in the man’s lap as he entered the complex in a vehicle, the Bay County Sheriff’s Office announced.

The search for the gun ultimately ended in the discovery of cocaine packaged for sale, BCSO reported.

Security guards stopped the car to verify the driver was a guest at the complex. At that time the guard saw a .40-caliber Ruger handgun in the man’s lap. Deputies were informed by security about the firearm and made contact with the man identified as Dominique Gipson, 19.

Gipson told deputies he had been holding a pellet gun and not an actual firearm. Gipson also stated that once he knew security had seen the pellet gun, he threw it from the roof of the eighth floor of the parking garage.

Deputies searched but did not find the pellet gun in the parking garage or the ground below. They then spoke to Gipson’s girlfriend and she told them he put the gun in a trash can near the room. Deputies found a 40 caliber Ruger in a trash can near Gipson’s condo.

Gipson was arrested for carrying a concealed firearm and taken to the Bay County Jail. As he was searched at the jail, a black bag was found in his possession. This bag contained several small baggies of cocaine packaged for sale, two pills, and marijuana in tissue paper and in a small plastic bag.

Gipson, of Fishers, Indiana, was additionally charged with resisting without violence, possession of a firearm while committing a felony, introduction of drugs into a correctional facility, possession of cocaine with intent to distribute, possession of a controlled substance, and possession of medication without a prescription.


Eight charged after PCPD breaks up open house party

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PANAMA CITY — Panama City Police made several arrests and seized drugs after breaking up and open house party on Saturday.

Officers responding to a noise complaint at 943 Magnolia Avenue at around 9 p.m. on Saturday found multiple persons ranging in age 15-33 openly using controlled substances and consuming alcohol, PCPD reported. Officers seized methamphetamine, synthetic marijuana, marijuana cannabis, alcohol and numerous items of drug paraphernalia, according to police. Some of those arrested were wanted on prior warrants.

Jeffrey Greenfield, 33, was charged with a warrant for failure to appear, open house party, contributing to the delinquency of a minor, possession of synthetic marijuana, possession of meth, manufacture of drug paraphernalia, delivery of drug paraphernalia to a minor, possession of amphetamine pills, possession of legend drug (two counts) and possession drug paraphernalia.

Jay Schad Jr., 19, was charged with manufacture of drug paraphernalia, possession of alcohol under age 21, possession of marijuana with intent to distribute, possession of drug paraphernalia, open house part and contributing to the delinquency of a minor.

Others arrested on a litany of charges were: Matthew Guthrie, 18, Destiny Wise, 17, Aeton Merriel, 19, Wain Hall, 21, Terryal Jenkins, 22, and Mathew Burkett, 28. Hall gave a false name upon his arrest and had a warrant for failure to appear and Burkett was charged with violation of parole, police said.

Motorcyclist in critical condition

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PANAMA CITY BEACH — A driver ejected from a wreck Monday said he was stranded for about an hour in critical condition after the crash, according to Florida Highway Patrol reports.

Michael J. Smith, 47, of Panama City Beach said the single-vehicle crash happened around midnight Monday, but because of his injuries he was unable to call for help, FHP reported. Friends of Smith used a cellphone positioning app to locate him about an hour later and alerted authorities.

Smith was driving a 2004 Harley Davidson motorcycle east on Panama City Beach Parkway near Downing Street Monday at about midnight. For an unknown reason, Smith entered the median and traveled 163 feet before entering the westbound lanes of U.S. 98, officers reported.

Smith traveled across the westbound lane and then entered the tree line north of the road. The motorcycle overturned, ejecting him about 76 feet north of the roadway, FHP said.

Smith was taken to a local hospital with critical injuries. FHP reported he was not wearing a helmet at the time.

Work planned on Fountain, 15th Street

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PANAMA CITY — The outside eastbound lane of U.S. 98 (15th Street) in Panama City will be closed near Fountain Avenue Wednesday from midnight until 6 a.m. Crews are constructing a driveway for the new Family Dollar store.

All activities are weather dependent and may be delayed or rescheduled in the event of inclement weather.

Police: Woman got naked at Dunkin' Donuts on a dare

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GREENACRES (AP) — A 32-year-old woman told police she got naked and sat outside a Greenacres Dunkin’ Donuts as a dare.

The Palm Beach Post reports Shakara Monik Martin was arrested Sunday near West Palm Beach.

According to a police report, Martin told authorities the dare was part of a pledge to a dance troop, which wasn't identified.

Witnesses told police that Martin was offered clothes several times, but she refused to take them. But she began apologizing when police arrived.

She faces a charge of indecent exposure. Martin appeared in court on Monday and was released on her own recognizance.

It was not clear whether she's retained an attorney and an phone number was not available for her.

Prison investigators testify about being silenced

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TALLAHASSEE — Testifying under oath Tuesday before a Senate panel, current and former Department of Corrections (DOC) investigators — including the sheriff of Gulf County — said they were ordered by the inspector general’s office to quash cases that could embarrass the agency or high-ranking officials.

Gulf County Sheriff Mike Harrison told the Senate Criminal Justice Committee that, as a corrections investigator, he was twice told by “upper-level management” in the inspector general’s office of the Department of Corrections not to pursue criminal charges against corrupt, high-ranking officials.

Investigators were encouraged to pursue administrative cases — which could end in firings but not criminal charges — “to make it look favorable upon the department,” Harrison said after being sworn in, a rarely used option available to committee chairmen and ordered Tuesday by Chairman Greg Evers, R-Baker.

“Criminal charges on a high-ranking colonel or warden or assistant warden would obviously be a black eye on DOC,” said Harrison, who left the inspector general’s office in December 2012 after being elected sheriff.

Harrison said he was told not to pursue criminal charges against a former Jackson Correctional Institution warden and assistant warden regarding a cover-up of the medical treatment of an inmate at the Panhandle prison in which two inmates nearly lost their lives.

The State Attorney’s Office originally declined to take the case but agreed to bring charges against former warden Ted Jeter and assistant warden Carolann Bracewell after Harrison and another investigator obtained additional sworn testimony indicating tthe pair had pressured workers into keeping silent about what happened, Harrison said.

“It was initially declined by the State Attorney’s Office, but with the new information he indicated to bring it back to him and we were instructed not to do so,” he told the panel.

Doug Glisson, who was Harrison’s supervisor at the time and still works for Inspector General Jeffrey Beasley, said the decision not to pursue criminal charges came from Beasley. Glisson is one of a handful of inspectors who filed a lawsuit against Gov. Rick Scott, Beasley and others alleging they were denied whistleblower status and faced retaliation after exposing a cover-up involving the 2010 death of an inmate at a Panhandle prison who died after being repeatedly sprayed with noxious chemicals. A federal judge recently dismissed the case, but the inspectors’ lawyer said he plans to appeal.

Harrison told the committee he also was instructed not to pursue a criminal case against a colonel at Holmes Correctional Institution who had been accused of smuggling contraband into the prison. Harrison said he ignored his superiors and brought the case to the state attorney, who later pressed charges against the colonel, who is now on probation.

“I come from a law-enforcement background,” said Harrison, who worked for the inspector general’s office for about two years. “I was used to, if someone broke the law, that you took the charges to the State Attorney’s Office and you proceed forward. That didn’t appear to be the case within the inspector general’s office. It was quite frustrating with me.”

Evers, who has sponsored a sweeping prison overhaul (SB 7020) that would create a commission with investigatory powers to oversee the policing of prisons, said he wants “to dig deeper” into Harrison’s accusations about Beasley’s office.

“I think it should be referred to somebody or allow us to continue to dig. Apparently we can stumble across more than what the investigations have found in the past few years, just by asking questions of the right people,” Evers said.

Evers said he would support the creation of a special legislative joint committee to look into allegations of cover-ups within the office of the inspector general.

 “We’ve got a problem. I said several meetings back that we’ve got a crisis. Yes, we’ve got a crisis,” he said.

Tuesday’s testimony from Glisson and Harrison indicated a pattern of Beasley’s office preventing inspectors from going after senior officials and focusing instead on “low-hanging fruit,” as characterized by an anonymous investigator in a letter highly critical of Beasley sent to Evers.

Glisson told the committee Tuesday that he was told to drop an investigation into a high-ranking corrections official’s possible involvement with wrongdoing at a training academy.

Two days after one of Glisson’s inspectors asked the official about the academy, “we were called to the office of the inspector general and we were warned that the person we had named as a subject, that there was a ‘Capitol connection’ with this individual,” Glisson said.

“It just had a chilling effect,” he added.

Glisson and his inspector then were told to go through the official himself if they wanted any information pertaining to the investigation.

“Again, inspectors and investigators are supposed to have unfettered access to documentation, to talk to who we want. But now we’re being told specifically you’ll go through this person who’s been named as a subject,” he said. “We thought it was inappropriate.”

Department of Corrections Secretary Julie Jones has steadfastly stood by Beasley — who answers to Scott’s Inspector General Melinda Miguel — since she took over the post in January. Jones defended him again Tuesday.

“I have the utmost confidence in the abilities of the Office of Inspector General and department staff to take decisive action in the interest of safety and security for both themselves and the inmates in our custody,” Jones said in a statement.

The cases referenced in Tuesday’s hearing “happened years ago” and were “declined due to a lack of probable cause or sufficient evidence, she said.

“When a case is declined by the State Attorney’s Office for criminal prosecution, and there is evidence to prosecute civilly, investigators are encouraged to take decisive action to ensure that the individuals in question are held accountable,” Jones said. “I am personally disappointed that the environment in which current and former department staff were asked to testify did not allow for the presentation of all known facts regarding the incidents in question.”

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