2007

Our Assistant State Attorneys are in court every working day doing their best to keep all of our citizens safe and to maintain the quality of life that makes Southwest Florida so special to all of us. Although the local media highlights some of the cases that we successfully prosecute, there are a great many of them that never get mentioned. What follows is a sampling of some of the convictions that our trial teams of prosecutors, investigators, and clerical staff, all working closely with law enforcement, have obtained this year.

State vs. Robert Blanco

Assistant State Attorney Earl Fechter won a very big case involving two bank robberies, in partnership with the U.S. Attorney General's office. It was a Project Safe Neighborhoods Case. This federal court case was an 8 day trial with 53 state witnesses. The defendant, Robert Blango was convicted of 2 counts of Armed Bank Robbery and 2 counts of Possessing a Firearm in Furtherance of a Felony. Blango faces a mandatory minimum sentence of 30 years in prison, consecutive to the 20 years in State Prison he is currently serving for a previous bank robbery.

State vs. Lorraine Afshari

ASA Jerry Brock had a big win recently in Collier County, with defendant, Lorraine Afshari, convicted on 29 counts. Her sentencing is on October 22nd, she faces a maximum sentence of 300 years in prison. Afshari was originally charged with 34 counts:

One Count of Scheme to Defraud over $50,000

Two Counts of Communication Fraud

Nine Counts of Engaging in Fraudulent Practices in Connection with the Offer or Sale of Security or Investment

One Count of Devising or Engaging in a Scheme to Defraud in Connection with Rendering Investment Advice

One Count of Engaging in a Course of Business which Operates or would Operate as a Fraud

Nine Counts of Sale of Unregistered Security

Nine Counts of Sale of Security by Unregistered Issuer.

Three of the investors could not attend trial therefore 5 counts were dismissed. The defendant was selling investment opportunities to the public but merely paid a return to investors from other investors money and spent over $200,000 for personal expenses. The trial lasted 4 days and there were 13 state witnesses and 1 for the defense.

State vs. Charles Ubanks

Assistant State Attorneys John Burns and Shannon Doolity got a guilty verdict in a 2004 murder case of a 4-month old child. September 28th the 6-member jury found 23-year old Charles Eubanks guilty of Second-Degree Murder. The jury only deliberated for 90 minutes. Matthew Eubanks, the son of Charles, had multiple skill fractures and a serious brain injury that led to his death. Eubanks claimed he had accidentally knocked the child out of a recliner causing him to hit his head on a coffee table. ASA Burns used testimony during the trial from two doctors to show the child was beaten to death. No witnesses were called by the defense but during the trial the court heard an emotional recorded statement given by Eubanks on the day his son died. In the statement Eubanks talked about the baby "screaming" and wanting the baby to be quiet. Sentencing is scheduled for October 31st. Eubanks faces life in prison.

State vs. Joshua Henninger

A high profile murder case came to an end September 21st. A 12-member jury came back with guilty verdicts on all counts in the case of Joshua Henninger. The case was tried by State Attorney Stephen B. Russell and Assistant State Attorney Kelly Worcester. Henninger was accused of the murder of Anna Marie Randazzo, a 16-year-old Cape Coral high school honor student. He faced 4 charges in all: First-Degree Murder, Kidnapping, Sexual Assault and Arson. It was a very emotional trial with all of the details of Anna's murder being discussed. Anna was kidnapped after going to Henninger's home. She was bound with duct tape and put into her car. She was later driven to an abandoned home and then a cemetery where she was raped. She was then hit in the head several times with a 50-pound piece of wood. Her body was then taken to a remote area of Lehigh Acres, stuffed in an abandoned refrigerator and burned. Her car was later set on fire as well. Sentencing is scheduled for October 24th. The First-Degree Murder charge carries life in prison. Because he was 16 at the time of the crime, the state could not seek the death penalty.

State vs. Terri Marie Dansky

Terri Marie Dansky, 42, of Port Charlotte, who pled guilty to the Burglary of four homes in Port Charlotte and an aggravated assault of one of the home owners was found to be a habitual felony offender and sentenced on September 6, 2007. The Honorable J. Frank Porter accepted her guilty pleas on July 24, 2007. Judge Porter sentenced Dansky to 21 years in prison as a Habitual Felony Offender. Judge Porter suspended the last six years of her sentence and required that she complete six years of probation and make restitution to the victims of her crimes. Three of the four burglaries were committed on October 10, 2006 and the fourth burglary was committed on April 21, 2007, while Dansky was on bond for the prior three burglaries. All of the burglaries were committed following her release from prison on December 7th, 2005. Dansky has prior felony convictions for Burglary of a Dwelling, Burglary of a Structure, Grand Theft, Fleeing to Elude an Officer, Criminal Mischief, and Destruction or Evidence. Assistant State Attorney Daniel P. Feinberg, of the Charlotte County State Attorney's Office, successfully prosecuted the cases.

State vs. Carl Christopher

Carl Christopher, 40, of East Naples, was found guilty on charges of Sale of Cocaine and Possession of Cocaine with the Intent to Sell. In a separate case he was found guilty of Possession of Cocaine and Possession of Marijuana less than 20 grams. He was sentenced, as an Habitual Felony Offender, to 12 years state prison on the cocaine sale charge. He received another 12-year sentence for Possession of Cocaine with the Intent to Sell. In his other case, Christopher was sentenced to 5 years state prison for Possession of Cocaine and to time served for misdemeanor Possession of Marijuana. All sentences are to run concurrent. Assistant State Attorney Lisa C. Mead, of the Naples State Attorney's Office, successfully prosecuted this case.

State vs. Jeffrey Scott Ryals

A Naples jury brought back a guilty verdict against 46-year-old Jeffrey Scott Ryals. He was found guilty of Vehicular Homicide and Leaving the Scene of an Accident Involving an Injury. 68-year-old Ohio millionaire Michael Moritz was killed in the crash. Another passenger suffered serious injuries. The case was tried by Assistant State Attorney Michael Provost and Chief Assistant Randall McGruther. The two-day trial included 12 state witnesses and 4 defense witnesses. According to testimony, Ryals' truck was going about 70 mph and switching lanes. It struck the rear corner of a rental car stopped at a light. The car suffered major damage. The truck slid across another intersection and when it came to a rest, witnesses say they saw a man run out of the driver's side on all fours. Ryals' truck still had his wallet and keys inside. Ryals claimed he was not driving his truck and that it had been stolen. The jury decided Ryals was responsible and had been the driver. Sentencing is scheduled for August 10th.

State vs. Vince Wardlow, Jr.

A high profile murder case ended with a guilty verdict. It garnered a lot of attention in the media due to the unusual circumstances of the case. The defendant, Vince Wardlow, Jr. was found guilty of Murder with a Firearm following the four day trial. Assistant State Attorney's Earl Fechter and Ron Smith tried the case, calling fifteen witnesses. Wardlow was found guilty of killing 26-year-old Jermaine Thompson in October 2006. Thompson was shot five times. Just before dying, the victim made a dying declaration on a 911 recording that Wardlow killed him and also called him by his nickname "Cheese." That recording was evidence in the trial. In addition to the declaration being recorded, it was also heard by witnesses on scene who tried to help the victim. Prosecutors proved the defendant also called the victim before the murder and earlier in the evening. Sentencing is August 22nd. The second-degree murder charge carries a possibility of life in prison.

State vs. Mark Twilegar

A very high profile case against Mark Twilegar resulted in a First Degree Murder guilty verdict. It was a big win for Assistant State Attorneys Brenda Wade and Claudia Stewart. The trial generated a lot of interest from local media. It lasted 8 days, with 39 witnesses and close to 200 exhibits in evidence. The jury deliberated only about an hour before convicting Twilegar who had been accused of robbing, shooting and then burying a real estate attorney in 2002 in a Fort Myers backyard where he was living in a tent. Twilegar waived the right to have a jury recommend life in prison or death. Circuit Judge James Thompson sentenced Twilegar to death.

State vs. Frederick Brown

Assistant State Attorney Dineen Baker received a guilty verdict in a trial against Frederick Brown who was charged with Robbery with a Firearm and Second Degree Murder with a Firearm. The case involved the murder of a man three girls planned to rob. One of the girls recruited her brother, Brown, to help. During the robbery Brown shot and killed the man. All 3 girls were convicted of robbery and are in state prison. They were brought back to Lee County for the trial to testify against Brown. What made this difficult, the little sister of Brown stopped talking while on the stand and had to be declared a hostile witness. Brown faced two consecutive life sentences, one for each charge. The jury also utilized the 10-20-Life law, a special finding, since firearms were used in both charges. He was sentenced as a Habitual Felony Offender to 40 years on each count with the first 25 years as a minimum mandatory.

State vs. Ashley Toye

Ashley Toye, the first person to go to trial in the double-murder case of Jeffrey and Alex Sosa was found guilty on all counts. The two Cape Coral teenagers were tortured and murdered. Toye was found guilty on two counts of First Degree Murder, two counts of Kidnapping, two counts of Aggravated Battery with a Deadly Weapon and Tampering with Evidence. She faces a minimum of a mandatory life sentence and will be sentenced April 11^th. Assistant State Attorneys Marie Doerr and Bob Lee tried the case.