Alachua County

Published on: January 16, 2023

UF Phi Delta Theta Fraternity Member Arrested for Sexual Battery | Gainesville Sex Crimes Defense Attorneys Whittel & Melton

by Whittel & Melton, LLC

A 19-year-old sophomore at the University of Florida and Phi Delta Theta fraternity brother was arrested Wednesday on charges of sexual battery.

The Gainesville Police Department believes that the man and the alleged victim communicated via Snapchat for about 3 weeks. They apparently ran into each other at a downtown bar Wednesday and went to the man’s residence around 1 a.m. and engaged in consensual sex.

Shortly after the consensual sex, the alleged victim told police that the man forced himself upon them even though there was no consent. The man did stop, but only after several minutes, according to police reports.

The man apparently told police that he stopped the sexual activity within five seconds.

At around 3 a.m. the alleged victim left the man’s residence and had a sexual assault exam conducted at a local hospital.

According to the police report, the man allegedly told police he was too drunk to consent to any sexual activity and he was taken advantage of. He then apparently said that he was aware of what was happening and was able to make conscious decisions. He also allegedly said that he used a condom during both sexual encounters, but then told police he did not wear a condom.

The man allegedly told police that he was unsure if the alleged victim was a willing participant for the second sexual encounter. He said he did stop the sexual contact sometime after the alleged victim said they wanted him to stop. He allegedly said he takes responsibility for the time between when the alleged victim said they did not consent to the sexual activity and when he stopped.

Phi Delta Theta has suspended the man.

He has been released on $100,000 bail. He was ordered to have no direct or indirect contact with the alleged victim during pretrial release in a standing no contact order.

If you have been accused of sexual battery or rape by your college, then you need to enlist the help of a college sex crime criminal defense lawyer right away. Many students who are facing sex crime accusations want to clear the matter up swiftly and think if they tell their side of the story that everything will just go back to normal. This is usually not the case, and allegations of sexual misconduct can have devastating consequences that can follow you around for the rest of your life.

If a school thinks that a rape happened on campus then they will report it to local law enforcement and will pursue school-imposed penalties. Moreover, an investigation will be launched against you by police and criminal charges may be filed. The potential penalties you may face for a rape conviction can involve hefty fines and years in prison.

Published on: May 8, 2019

UF Football Player Arrested for Battery

by Whittel & Melton, LLC

A University of Florida junior cornerback was arrested by Gainesville police Monday and is facing a charge of simple battery/date violence following an alleged altercation with his girlfriend in his apartment.

The man and the woman got into an argument, and as she attempted to leave the apartment, the man apparently grabbed her by the neck to stop her, according to a Gainesville Police Department arrest report. Police claims she had marks on her neck and a scratch on her shoulder.

The man, 20, and the woman have been dating for two years, according to the report. A witness to the incident intervened in an effort to stop the argument and then called 911.

A simple battery charge is a misdemeanor under Florida law.

A battery charge can be emotionally fueled by the alleged victim and the person charged. These arrests usually arise from situations that are personal and highly emotional, and often involve misunderstandings that were blown out of proportion.

If you have been arrested for battery in Gainesville, our Alachua County Criminal Defense Attorneys at Whittel & Melton are here to help. Possible penalties can include jail time, fines, and a criminal record. We can help you avoid the penalties of a conviction. When possible, we will negotiate for a reduction or a complete dismissal of charges.

Regardless of the events leading up to your arrest, you need an experienced criminal defense attorney to defend your rights against your accuser. We will investigate all of the facts of your case and present your side to prosecutors and in court, when necessary.

Published on: April 25, 2019

Florida Gators Football Staff Member Accused of Cyberstalking Ex-Girlfriend

by Whittel & Melton, LLC

Alachua County Sheriff’s deputies arrested a Gators football staff member accused of cyberstalking his ex-girlfriend.

Investigators charged the 51-year-old man, who is the assistant director of player personnel for UF football, with felony aggravated stalking in a string of incidents dating back to April 14.

An arrest report says the man and his ex broke up on April 14. Following the breakup, a report allegedly says the man sent over 40 messages through phone, text and Facebook.

On April 21, the ex apparently requested that the man stop contacting her. Deputies claim he refused and even left a voicemail on her phone stating he would “blow up her car.”

According to the report, the man is accused of sending multiple vulgar messages to her through a different phone after she requested he stop contacting her.

Prosecutors view cyberstalking crimes as serious because of the concern that these crimes will escalate into more violent ones. If you think you are under investigation for a cyberstalking crime or have already been arrested, our Alachua County Criminal Defense Attorneys at Whittel & Melton urge you to contact us as soon as possible so we can evaluate your charges and explain your potential options.

Cyberstalking can result in severe penalties such as jail time and fines. While most cyberstalking crimes are often charged as misdemeanors, the charges can be elevated to a felony in certain situations.

Cyberstalking can include:

Making criminal threats
Making false accusations
Encouraging bullying and humiliation of a user
Sending harassing emails or messages

Published on: February 21, 2019

UF Student Accused of Rape

by Whittel & Melton, LLC

A University of Florida student was arrested Sunday morning after police claim he raped a woman Sunday in the UF Keys Residential Complex.

The 19-year-old was arrested on a charge of sexual battery. A UF spokesman said the man is enrolled at UF as a construction management sophomore.

The man was invited back to the woman’s apartment to hang out Sunday morning, a UF Police Department arrest report said. The woman apparently told the man she did not want to have sex.

Published on: October 16, 2018

Gainesville Barber Shop Co-Owner Arrested in Sex Sting

by Whittel & Melton, LLC

A Gainesville barber was one of seven men arrested in a Volusia County internet sex sting.

The 34-year-old was arrested at a RaceTrac station in Deltona over the weekend. He allegedly told Volusia County sheriff’s deputies he only came to the meeting place because he believed it was an undercover sting and he thought it would be cool to see it in action.

The man was arrested and is accused of engaging in sexually charged chats and texts with an undercover detective he believed was a 14-year-old girl.

The man was in custody Monday at the Volusia County jail in lieu of $40,000 bond. The charges against him:

use of a two-way communications device to commit a felony
attempted lewd and lascivious sexual battery on child
traveling to meet a child after luring the child via computer
use of a computer to lure a child.

There were six other men arrested in the sting, which started last Wednesday and concluded around 4 a.m. Sunday and was dubbed Operation Unlawful Attraction.

Undercover sting operations are very common these days. They start with some online chats and lead to phone calls, texts and conclude with a meetup. Police will pose as minors or the guardians of minors online and attempt to catch online “predators.”

The interesting thing about these stings is that you can be arrested even if you did not actually commit a crime. Showing up to an arranged meeting spot is enough to seal the deal and you will be carted off to jail right then and there. Once arrested, it is best to invoke your right to remain silent until you have secured legal representation. Regardless of your innocence, police will do everything they can to twist your words around to work against you in court.

Published on: April 30, 2018

Former Alachua County Manager Accused of Battery

by Whittel & Melton, LLC

Former Alachua County Manager Lee Niblock was booked on a misdemeanor battery charge in Collier County early Thursday evening, according to reports.

Niblock, 64, is charged with a misdemeanor battery in Marco Island — a city of 16,000 — where he was city manager for about three months following his termination in August 2017. Before he came to Alachua County, Niblock was Marion County’s manager.

According to the investigation, Niblock is accused of attempting to kiss and touch a woman after offering her a $140,000-a-year job that he created.

Gainesville police issued a sworn complaint in late March to the State Attorney’s office also recommending to charge Niblock with battery, detailing similar allegations.

Niblock was fired last month from his new job in Marco Island, for what the city council determined unethical behavior. He had a salary of $185,000.

According to the report released Thursday, Niblock met with a principal and her supervisor to discuss possible repairs to a baseball facility.

The two told law enforcement that Niblock, just one month on the job, made inappropriate comments and behaved oddly during the meeting. He commented on the principal’s appearance, saying her looks were distracting, and then proceeded to talk about a pair of open city positions.

The next day, investigators said, Niblock began texting the principal. He later offered to take her to dinner to discuss city and school business and insisted on picking her up, the report said. Investigators said Niblock attempted to recruit the principal for a newly created director of communications and government affairs position with a salary range of $92,000 to $118,000.

The principal claims the man behaved inappropriately during dinner and insisted on paying and said she could repay him with a kiss.

On the ride home, the report said Niblock attempted to touch the woman’s hand twice and that she pulled away. The report said he then grabbed her for a hug, then attempted to kiss her on the lips.

The woman told investigators the kissing and touching was unwanted. She said Niblock texted her seven times after the dinner and got no response, including sending her a link to WebMD, the report said.

In the weeks that followed, the woman told investigators, she began hearing rumors about Niblock bad mouthing her.

According to the GPD complaint, Niblock is being accused of battery, a first-degree misdemeanor, stemming from a June 2017 incident that involved a different woman in Gainesville and a “future job opportunity.”

There are a few different types of battery charges in Florida. In its simplest form, battery involves an unwanted or uninvited touching or striking to another person. The penalties for battery charges can be severe even if it is a misdemeanor offense. The good news is that there are many viable options for a battery defense under Florida law. Our Alachua County Criminal Defense Lawyers at Whittel & Melton can help you determine which defense might be available for your situation.

Simple battery is a first degree misdemeanor. The possible penalties include up to one year in jail or 12 months of probation. Fines up to $1,000 are also common.

Published on: April 23, 2018

Gainesville Man Charged in Hotel Fraud Scheme

by Whittel & Melton, LLC

A 35-year-old unemployed Gainesville man is accused of devising a scheme to use dark web-bought identification information to rent hotel rooms and then sublease the rooms to people for illicit activity, according to Gainesville police.

The man faces 11 fraud-related charges and two counts of using a communications device — his cell phone — to commit a felony.

He allegedly schemed to scam the Hampton Inn at 101 SE First Ave. in Gainesville, as well as a Doubletree by Hilton, also in Gainesville, the report said.

In at least two cases, police claim he sent bogus letters to hotels attempting to secure accommodations, suggesting that GEICO and AAA were paying for rooms, when they were not, the report said.

The total damages from the scheme for two victims whose credit card information was stolen and used allegedly by the man came to $3,005.69, his arrest report said.

The alleged fraud began early in 2018 and continued through March, the report said.

The man was arrested Friday.

Fraud charges are very serious matters and are usually the result of in depth police investigations. The penalties for a conviction are very serious. You could be looking at decades-long prison sentences and pretty large fines. If you have been charged with any type of fraud, it is critical that you enlist the help of an expert Alachua County Criminal Defense Lawyer at Whittel & Melton to protect your rights.

We are extremely experienced in complicated legal defense cases involving white collar crimes, such as fraud. You can rest assured that we will give your case the personal attention it deserves, as well as examine all evidence thoroughly, and come up with an aggressive legal strategy to protect your rights.

Published on: September 21, 2017

Top UF Official Accused of Stealing Over $180K From University

by Whittel & Melton, LLC

A top University of Florida housing official has been charged with stealing more than $180,000 to buy $16,000 worth of lunches, nearly $45,000 in furniture and $37,000 more in electronics, a report shows.

The 41-year-old senior director of UF housing and education, was arrested Monday night and charged with grand larceny of more than $100,000.

According to a UF police report, the man used state funds to buy $25,000 in household items, more than $11,500 in maintenance items like lawn mowers and more than $44,000 for miscellaneous items including internet service, electricity and seven cellphones.

The report says the UF Office of Internal Audit also has records detailing fraudulent purchases of a recliner chair, blue-cushioned patio furniture, a motion-sensor trash can, tablecloth, cloth napkins, flatware, plates, lamp, storage box, motion light sensor, pitcher, several floor rugs, wall mirror, a seafoam green cabinet and several flat-screen televisions.

In November 2016, the man used his assigned UF credit card to buy a dining set and hutch at Furniture Kingdom in Gainesville for $1,340 and $1,399.95 respectively, the report says.

According to the report, a witness saw the dining set and hutch inside the man’s house. Several photographs posted on the man’s wife’s Facebook page also clearly show the dining set and hutch that were purchased with UF funds, police say.

Beginning in April, the UF Ethics and Compliance Hotline received several anonymous reports of several employees in the UF Housing and Resident Education Department who were using their positions within the department to make fraudulent reimbursement and expense claims and using department funds for private gain, the report says.

The man apparently told police Monday he was only storing the items and planned on bringing them back. He also said he would make restitution for the items.

The man was trespassed from all UF properties, the report says.

UF spokeswoman Janine Sikes said five additional employees who worked under the man have have been placed on administrative leave and may have been involved.

The man started at UF Housing in May 2004 and worked his way up to senior director about a year ago. Records show the man earned $145,675 in 2016.

As of Monday night, the man was in the Alachua County jail, awaiting a first appearance before a judge.

While many people think theft charges are minor offenses, theft convictions can damage your reputation and limit your future employment opportunities. If you or a loved one have been charged with theft or larceny, you should speak with an Alachua County Criminal Defense Lawyer at Whittel & Melton. We can assess your case and determine your options.

Theft charges in Florida are no joke – they can result in hefty fines and jail time. A conviction can limit your ability to gain employment. Penalties stemming from a theft/larceny conviction may include:

Fines
Jail time
Probation
Restitution
Mandatory counseling
Difficulty obtaining employment
Trouble securing a professional license

Published on: August 21, 2017

Gainesville Doctor Sentenced to One Year for Health Care Fraud

by Whittel & Melton, LLC

A Gainesville doctor convicted of 162 counts of health care fraud for false billing and using drugs not approved in the United States was sentenced Friday to effectively serve one year in prison and to pay a fine of more than $1.13 million plus restitution.

The doctor, who had practices in Gainesville and Hawthorne, was convicted in May 2016 and sentenced Friday in federal court.

She was ordered to serve one year and one day in prison on each count. The terms will run concurrently. She will also serve three years’ of supervised release and perform 400 hour of community service. In addition to the fine, she was ordered to pay more than $1 million in restitution.

The woman was indicted in April 2014 on 210 counts of health care fraud and money laundering. She was charged with submitting fraudulent claims for unnecessary tests, buying drugs from outside the U.S. not approved for use here and giving those drugs to patients without their knowledge or consent.

She was convicted of falsely billing Medicare, Medicaid and Blue Cross Blue Shield of Florida, in addition to billing insurance companies for counseling, treatment and training procedures that were never performed.

The woman’s Gainesville office was raided by authorities in 2011. In 2013, she closed her practice.

A conviction for health care fraud is devastating. In addition to potential criminal and civil sanctions, charges like these could wreak havoc on professional and personal reputations and there is the very real possibility of losing professional licenses. Any Floridian who suspects that they are under investigation for health care fraud or who has been charged with a related crime should seek the advice of our Florida Criminal Defense Lawyers at Whittel & Melton as early in the process as possible to start building the most powerful defense possible. The risks are extremely great in these situations.

Published on: June 17, 2016

UF Professor Arrested on Stalking Charge

by Whittel & Melton, LLC

A University of Florida professor has been arrested on a cyberstalking charge, according to a police report.

The 45-year-old professor in the College of Pharmacy is accused of stalking a woman who used to work for him, according to the University of Florida Police report.

The woman told UPD’s victim’s advocate office on Tuesday that the man had been communicating with her through email and text messages after she told him to stop, the report said. She told investigators that the professor’s actions caused her to quit her job.

The man allegedly continued to try to contact her, which she claims caused her distress and resulted in her having her mother accompany her to various locations. The woman also claims the man once followed her to her car and made contact with her father, believing that the woman was in the car.

The man is accused of resisting being handcuffed at the time of his arrest, the report said.

The man, who was hired in 2014, has been placed on administrative leave and UF is in the process of having him trespassed, according to a UF spokeswoman.

The man will not be allowed on campus until the case is resolved or it is determined he is not a threat, according to the university.

The man was arrested on charges of cyberstalking and resisting arrest. He was being held Wednesday in the Alachua County jail on $5,000 bond.

Stalking through social media websites, texting, calling and leaving voice mails are all forms of stalking. There are other varieties of stalking, including:

Unwanted following
Harassing
Lurking around the person’s place of employment
Hanging out in parking lots where the victim’s car may be parked

In order to prove stalking charges, it must be demonstrated that the offender has pursued the individual and repeatedly or continuously harassed them to the point the person has a reasonable cause to feel terrorized, frightened, intimidated, threatened, harassed, or molested.