Criminal

Published on: May 27, 2015

FBI Arrests Miami Springs Police Sergeant Over Alleged Involvement in Drug Deal

by Whittel & Melton, LLC

On Tuesday the FBI arrested Miami Springs Police Sgt. Andres Quintanilla, a 16-year veteran of the force, on a federal corruption charge.

The 33-year-old was charged with “attempting to affect commerce by extortion under color of official right,’’ according to the U.S. Attorney’s Office for the Southern District of Florida.

According to the federal complaint, a confidential FBI source claims he told Quintanilla in September 2014 that he was a drug trafficker. The complaint goes on to allege that instead of arresting the source, Quintanilla “offered to help the [informant’s] drug trafficking business.’’

Quintanilla allegedly provided the location of an undercover police narcotics office, gave the source the names of three Miami-Dade police officers and ran the name of a purported drug dealer in a law enforcement database when asked to do so by the source, according to the complaint.

The complaint states that by December 2014, Quintanilla had agreed to act as an escort during a purported 10 kilogram cocaine deal. Quintanilla is also accused of choosing a safe location in Miami Springs where the source could exchange 10 kilograms of cocaine for $250,000.

After the alleged deal took place, Quintanilla then apparently followed the source while wearing his uniform and driving his MSPD marked vehicle to an express package service center, where Quintanilla was under the impression that the source would ship the $250,000 of drug proceeds to New York, according to the complaint.

In exchange for his assistance, Quintanilla allegedly accepted $3,500 in bribe payments from the source.

In a press release issued Tuesday night, the Miami Springs Police Chief stated, “As a result of the charges filed against Quintanilla, he has now been relieved of duty without pay pending the results of the criminal case in the U.S. federal court.”

If convicted, Quintanilla, who started with the Springs police department as a public service aide in 1999 when he was 17, faces up to 20 years in federal prison.

Federal corruption charges usually refer to any illegal activity conducted by public officials. Public officials, politicians, as well as the business executives who regularly deal with them are all at risk of being investigated for or charged with violations of federal corruption. Taking bribes, facilitating a crime by another and threatening punishment if certain services are not provided are all examples of actions that could result in a charge of corruption. Extortion and bribery are common charges that fall under the category of federal corruption.

Published on: May 4, 2015

Flakka: The Increasingly Popular Synthetic Drug Behind Odd Crimes

by Whittel & Melton, LLC

In the last few months, an increasingly popular synthetic designer drug called flakka has been the culprit of many strange and bizarre crimes.

One man ran nude through a Florida neighborhood, tried to have sex with a tree and told police he was the mythical god Thor. Another ran naked down a busy city street in broad daylight because he believed a pack of German shepherds was pursuing him.

Two others tried separately to break into the Fort Lauderdale Police Department. They said they thought people were chasing them. One even ended up impaled on a fence.

Also known as gravel, flakka is readily available for $5 or less a vial, and is a growing problem for police after bursting on the scene in 2013.

It is the latest in a series of synthetic drugs that include Ecstasy and bath salts, but police say flakka is even easier to obtain in small quantities through the mail. Flakka’s active ingredient is a chemical compound called alpha-PVP, which is on the U.S. Drug Enforcement Administration’s list of the controlled substances most likely to be abused. It is usually made overseas in countries such as China and Pakistan.

Flakka, a derivative of the Spanish word for a thin, pretty woman, is typically sold in a crystal form and is often smoked using electronic cigarettes, which are popular amongst young people and give off no odor. Flakka can also be snorted, injected or swallowed.

Judging from the evidence being seized by police around Florida, flakka is being used quite frequently. Submissions for testing to the Florida Department of Law Enforcement’s crime labs have grown from 38 in 2013 to 228 in 2014. At the Broward Sheriff’s Office laboratory, flakka submissions grew from fewer than 200 in 2014 to 275 already, in just the first three months of this year.

According to the National Institute on Drug Abuse, reports of flakka have also surfaced in Ohio, Texas and Tennessee, but Florida appears to be the leading the nation.

The FDLE is training police to better recognize flakka and the symptoms it can cause.

The biggest challenge is that flakka manufacturers make subtle changes to its chemical makeup, foiling efforts to test for the drug, and it is frequently mixed with other substances, such as crack cocaine or heroin, with unknown effects.

With use for as little as three days, behavioral changes can be severe.

Police say that flakka is a dangerous drug that with prolonged use, can start to rewire the brain chemistry.

Published on: April 29, 2015

Hernando County Detention Deputy Allegedly Involved in Illegal Narcotics Transaction

by Whittel & Melton, LLC

A Hernando County detention deputy has been placed on administrative leave without pay pending the outcome of an investigation after he was arrested, along with his girlfriend, in an alleged illegal narcotics transaction.

The man, 41, has been charged with possession of a controlled substance. His girlfriend, 23, was also charged with possession of a controlled substance as well as possession of paraphernalia.

According to the sheriff’s office, the investigation started after they received a tip that a Hernando County detention corporal may be involved in illegal drug activity.

Published on: April 28, 2015

Lakeland Man Jailed on Child Sex Charges

by Whittel & Melton, LLC

The Polk County Sheriff’s Office arrested a 31-year-old Lakeland man and charged him with raping two children.

The man is currently being held in the Polk County Jail.

Authorities allege the man sexually assaulted two children, aged 10 and 12, on several occasions. Police claim the assaults took place at several locations, including the man’s workplace and his truck.

Deputies also allege that the man threatened the children if they spoke about the incidents. Authorities claim the man told the children that if they talked, he would cause them physical harm.

The man is facing 15 counts of sexual battery on each child.

Sex crimes usually carry long jail sentences and require registration as a sex offender for life. The stakes are extremely high! In sex crimes cases, early intervention by an experienced criminal defense attorney can make a tremendous difference in a case, especially when allegations of child sex abuse are involved. If you have been contacted by the Florida Department of Children and Families or by the police, or if you believe that you may be under investigation by the police, it is important to get immediate legal help and advice.

Published on: April 27, 2015

Loretta Lynch Announced by Senate as Attorney General

by Whittel & Melton, LLC

Loretta E. Lynch was announced as the new U.S. attorney general Thursday, with the Senate voting 56 to 43 to confirm the veteran New York prosecutor five months after President Obama submitted her nomination to Congress.

According to the Justice Department, Lynch is expected to be sworn in as the nation’s 83rd attorney general Monday.

Obama released a statement saying that “America will be better off” with Lynch in charge of the Justice Department. “She will bring to bear her experience as a tough, independent, and well-respected prosecutor on key, bipartisan priorities like criminal justice reform,” he said.

Lynch is the first African American woman to be nominated for the post, which has taken on a much higher profile than in the past due to the leading role the Justice Department has recently played in the debate over race and policing across the country.

The time Lynch had to wait between nomination and confirmation was the longest for an attorney general nominee in 31 years. With it all said and done, the confirmation vote margin was wider than expected: Ten Republicans joined the Senate’s 44 Democrats and two independents in supporting Lynch. Forty-three senators, all Republicans, were opposed.

Attorney General Eric H. Holder Jr., stepping down after more than six years, said Lynch would be “an outstanding attorney general, a dedicated guardian of the Constitution, and a devoted champion of all those whom the law protects and empowers.”

Obama called the slow and final vote to confirm Lynch as “embarrassing” last week.

Obama nominated Lynch, 55, in November to replace Holder. The Senate, then under Democratic control, did not act on the nomination. Rather, they chose to spend time in the lame-duck session on judicial appointments that party leaders believed would stall in a Republican-controlled Senate.

The thinking was that a Republican Senate would not take its time in confirming a replacement for Holder, a frequent target of Republican enmity. However, that was not the case, especially after Lynch became involved in a deep partisan rift over Obama’s immigration policy.

During questioning before the Senate Judiciary Committee in late January, Lynch said she believed Obama’s executive actions on immigration last year passed legal and constitutional muster, angering Republicans who considered them an overreach.

Republicans reactions to this was that Lynch was publicly committed to denigrating Congress, and that they could expect to see a great abuse of power by her.

After the January hearing, it took nearly a month for the panel to advance Lynch’s nomination, and then the nomination became caught up in an unrelated political dispute over a bill to combat sex trafficking.

Last week President Obama released this statement: “It’s gone too far. Enough. Enough. Call Loretta Lynch for a vote. Get her confirmed. Put her in place. Let her do her job.”

On Thursday, senators voted on final confirmation around 2 p.m.

The Senate voted 56–43 in favor of Lynch, approving her with help of 10 Republican senators, including Sens. Kelly Ayotte (N.H.), Thad Cochran (Miss.), Susan Collins (Maine), Jeff Flake (Ariz.), Lindsey Graham (S.C.), Orrin Hatch (Utah), Ron Johnson (Wis.), Mark Kirk (Ill.), Rob Portman (R-Ohio) and Senate Majority Leader Mitch McConnell (R-Ky.).

Published on: April 23, 2015

27 Accused of Marriage Fraud in South Florida

by Whittel & Melton, LLC

Federal prosecutors charged 27 South Florida suspects Tuesday with marriage fraud, including organizers, recruiters and unlawful immigrants, according to reports.

The main defendants — two Hialeah men ages 50 and 57 and a 50-year-old Hialeah and a 33-year-old Marathon man— are accused of charging a fee to arrange fraudulent marriages between U.S. citizens and undocumented aliens.

The trio allegedly notarized phony marriage licenses, completed necessary immigration paperwork and prepared the participants for their interviews with U.S. Citizenship and Immigration Services, according to police.

They are accused of arranging the fraudulent marriages between 2011 and 2014, and during that time two of the men also allegedly attempted to obtain naturalization illegally, according to the U.S. attorney’s office.

The case was investigated by Immigration and Customs Enforcement.

Published on: April 17, 2015

Ex-Florida Gator and NFL Player Aaron Hernandez Guilty of Murder

by Whittel & Melton, LLC

Former University of Florida Gator and New England Patriots football player Aaron Hernandez was convicted of first-degree murder and sentenced to life in prison Wednesday for the murder of 27-year-old Odin Lloyd.

Hernandez, 25, who once had a $40 million contract and a standout career ahead of him, will now be serving a mandatory sentence of life without parole.

The former football pro was also found guilty on weapons charges. The jury deliberated for 36 hours over seven days before rendering its verdict.

Lloyd was shot six times in the middle of the night on June 17, 2013, in a deserted industrial park near Hernandez’s home in North Attleborough.

Police almost immediately began investigating Hernandez because they found a key to a car that the NFL player had rented in Lloyd’s pocket. Hours after he was arrested, the Patriots cut the former Pro Bowl athlete, who was considered one of the top tight ends in the NFL.

Prosecutors presented a great amount of evidence during trial that Hernandez was with Lloyd at the time he was killed, including home security video from Hernandez’s mansion, witness testimony and cellphone records that tracked Lloyd’s movements.

Hernandez’s lawyer also acknowledged for the first time during closing arguments that Hernandez was there when Lloyd was killed.

But, Hernandez’s attorney told the court that two of Hernandez’s friends, Ernest Wallace and Carlos Ortiz, killed Lloyd. Wallace and Ortiz will stand trial later.

The prosecution never offered a motive other than Hernandez appeared angry with Lloyd at a nightclub two nights before the killing.

Hernandez still awaits trial on other murder charges. He is accused of gunning down two men over a spilled drink at a nightclub.

In the Lloyd killing, the defense argued that investigators pinned the murder on Hernandez because of his celebrity status.

Prosecutors believe that Hernandez organized the killing, made his two friends help carry it out and drove Lloyd and the others to the secluded spot in the industrial park. During closing arguments, prosecutors also allege that Hernandez shot the man, though under the law it is not necessary to prove who fired the shots to achieve a conviction.

Security video from inside Hernandez’s home showed him holding what appeared to be a gun less than 10 minutes after Lloyd was killed. The surveillance system also showed Hernandez, Wallace and Ortiz hanging out at his home hours after Lloyd was shot.

Hernandez was an All-American out of the University of Florida who was drafted by the Patriots in the fourth round in 2010.

This case does not end with this guilty verdict. There will undoubtedly be an appeal to the Massachusetts Supreme Judicial Court. There are many issues in this case that could be a strong grounds for appeal, including the fact that the judge allowed certain parts of the expert’s testimony on the Glock being the murder weapon, but excluded other parts. It could be asserted that the expert’s entire testimony was improper. The defense reminded the jury during closing argument that the expert’s testimony had been struck from evidence and should be disregarded. Because of the defense’s reference to this testimony during closing, it could be argued that asking the jury to ignore such incriminating evidence was unfairly prejudicial, which in turn would warrant a new trial.

It will most definitely be interesting to see how an appeal plays out for Hernandez.

Published on: April 14, 2015

Man Accused of Stealing Brick Pavers from Brooksville Company

by Whittel & Melton, LLC

Police believe a 65-year-old man used rented trucks to steal nearly 450 pallets of brick paver stones, worth an estimated $200,000, from Flagstone Pavers.

Brooksville investigators arrested the man on a felony grand theft charge resulting from a six week investigation into the missing pavers.

The company claims they never knew the pavers were missing until early February when an operator received an anonymous call from a woman who said that ’54 pallets of their pavers had been stolen and brought to a warehouse’ in Pasco County, according to reports.

A detective was able to get to the scene before the pavers were dispersed.

Police claim that what they thought were just 54 pallets of product turned out to be 450 stolen pallets.

The detective claims to have questioned the man who allegedly told him that he buys products from various locations. The detective said he asked the man for receipts, and the man apparently requested to speak with his lawyer.

Police claim the man had rented Penske trucks nine times for a total of 25 trucks to make multiple trips from Brooksville to Port Richey.

Police allege that from November to February, the man and a crew would load pallets into those trucks overnight and then drive them back and unload them at the warehouse, which is owned by the man’s son.

Police reported that they do not plan to arrest any of the crew members because they did not know what they were doing was illegal.

Police are investigating if an employee inside the plant was helping to facilitate the heist.

In the state of Florida, theft offenses are classified as both misdemeanors and felonies. In general, the determining factor of whether charges are a misdemeanor or felony revolve around the amount of money taken or the value of the item or items. In most cases, a theft involving $300 or more is classified as a felony. However, there are instances when a theft offense of a lower amount can become a felony due to a person’s prior record of theft-related offenses.

Published on: April 10, 2015

Homeless Man Accused of Molesting Girl

by Whittel & Melton, LLC

A 56-year-old homeless man has been arrested and charged with molesting a child, according to reports.

The Pinellas County Sheriff’s Office claims the man molested a 9-year-old girl multiple times Tuesday and Wednesday at a Largo home.

Officials allege that the man somehow knew the child.

According to police, a witness contacted authorities, who then began investigating the accusations. Police said that the alleged victim confirmed the allegations during interviews.

The man was then arrested and charged with lewd and lascivious molestation on a child under 12 and was transported to the Pinellas County Jail.

While molestation charges are nothing to mess around with, it is important to understand that there are circumstances where an adult is wrongfully accused of lewd and lascivious molestation. Authorities will not usually question allegations made by a child who may be lying in order to achieve some real or imagined gain. If you are charged with molestation or another sex crimes offense, contact a Pinellas County Criminal Defense Lawyer at Whittel & Melton as soon as possible so that we can assess your unique situation, ask the necessary questions and determine the best legal strategy for your defense.

Published on: April 8, 2015

Ex-UF Athlete Charged with Felony Battery

by Whittel & Melton, LLC

A former University of Florida track and field athlete was arrested Sunday morning after police allege he struck a bouncer multiple times after being denied entrance to a downtown nightclub.

According to a GPD report, the 23-year-old man was apparently trying to get into Simons Nightclub at about 1 a.m. when police claim he created a disturbance and was denied entry by one of the club’s bouncers.

Police allege that the argument escalated with the bouncer and the man then punched the bouncer in the face repeatedly, leaving a large cut on the bouncer’s forehead that required stitches.

Police claim they were forced to detain the man and physically remove him from the scene.

The man was arrested and charged with one felony count of battery and one misdemeanor count of resisting an officer without violence. He was taken to the Alachua County jail where he remained on Sunday with bail set at $17,500.

According to reports, the man competed for the Gators’ track and field team from 2010 to 2013.

The man won the triple jump and finished second in the long jump at the annual Florida Relays at Percy Beard Track that concluded Saturday on the UF campus.

Facing battery charges in Florida can be a life altering experience. You could be facing hefty fines as well as time behind bars, depending on the facts surrounding your case. Obviously, these charges can be nothing short of frightening.

You may have found yourself facing a battery charge that erupted from an act of self defense. Many battery charges arise from a fight, and it is possible that you were not even the aggressor in the attack. Police often charge the person who is hurt the least, or even the person who files charges first.