Office of the State Attorney

Twentieth Judicial Circuit of Florida

 
 
 

 

In The News 2009


Updated: 12/08/2009 12:52 PM

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.


 

Tompkins Sentenced

The Charlotte County man convicted of molesting a child has been sentenced to 28.3 years in prison.  Michael Glen Tompkins was found guilty of; two counts of Lewd or Lascivious Molestation of a Child Less than 12, two counts of Lewd or Lascivious Molestation of a Child 12 Years of Age or Older, and one count of Sexual Battery of a Child in a Familial or Custodial Relationship. Assistant State Attorneys Jennifer Garczewski and Shannon Doolity handled the case.

Life in Prison

Santiago Reyes was immediately sentenced to life in prison after being found guilty in a Lee County courtroom of Capital Sexual Battery. The victim was only 6 years old at the time of the crime. The jury deliberated for 25 minutes before coming back with the guilty verdict.  Assistant State Attorney Devin George handled the case.

Guilty of Killing a Pregnant Woman and her Daughter

Lee County resident Kevin Black was found guilty of running into a pregnant woman in his car, killing her, her unborn baby and her 7-month-old daughter who was beside her. He also drove into another man with his car, who survived the crash. 40-year-old black was found guilty of  two counts of Second Degree Murder, one count of Attempted Second Degree murder and one count of Leaving the Scene of an Accident Causing Injury.

The State Attorney’s Office is seeking to have Black sentenced as a Prison Release Re-Offender. With that designation, Black would receive a mandatory sentence of Life in Prison. His sentencing is scheduled for October 5th.

Assistant State Attorney Andrew Marcus is handling the case.

Cash Feenz Sentencing

Defendant Roderick Washington was sentenced to four consecutive life sentences after being found guilty of  two counts of Second Degree Murder and two counts of Kidnapping. He was also previously found guilty of two counts of Aggravated Battery with a Deadly Weapon and was sentenced to 30 years in prison for those charges. 

19-year-old Washington was involved with the crimes that resulted in the deaths of 18-year-old Alexis and 14-year-old Jeffrey Sosa. Assistant State Attorneys Marie Doerr and Bob Lee handled the case. In all, ten people were charged in connection with the 2006 Cape Coral murders. Three more co-defendants are still scheduled to go to trial.  

Charlotte Murder Case

Stephen McNeeley was sentenced to life in prison for the murder of his cell mate Richard Seccia. Seccia was strangled to death at the Charlotte Correctional Institute in 2007. McNeeley will serve this sentence consecutively to the sentences he is already serving. Assistant State Attorney Dan Feinberg of our Homicide Unit handled the case. 

Colletti Guilty

Stephen Colletti was found guilty of 3rd Degree Murder for the beating death of 42-year-old Fort Myers club owner, Robert Patch. 33-year-old Colletti faces up to 30 years in prison. Sentencing is scheduled for September 14th.  Assistant State Attorneys Dan Feinberg and Marilla Pauly handled the case.

Sex Crimes Against a Child

In Hendry County,  21-year-old defendant Vicente Jimenez  was found guilty of two counts of Sexual Battery on a Child under 12 years old and two counts of  Lewd or Lascivious Molestation.

The defendant was under 18 when the crimes occurred.

The abuse started when the male victim was 6 years old and Jiminez was 13 years old and continued for about 4 years. The boy, now a young teen, took the stand and told his story to the court.

Jimenez faces up to life in prison. Sentencing is scheduled for August 21st. Assistant State Attorneys Denise Kiser and Jill Cabai handled the case.

Battery Case

It was guilty as charged in the case against defendant Keith Vernelle White. White was found guilty of Battery on a Person 65 Years of Age or Older.

The defendant punched the mother of a woman he was seeing in the face, knocking her down. Sentencing is scheduled for October 5th. Assistant State Attorney Bryan Kaufman handled the case.

Drug Conviction

Isaac Sutton was found guilty as charged for Sale of a Controlled Substance within 1,000 feet of a School and Possession of Cocaine. The State Attorney’s Office is seeking sentencing as an Habitual Felony Offender. This permits a doubling of the statutory maximum which in this case means he faces up to 70 years in prison. Sentencing has not been scheduled yet. Assistant State Attorney Carrie Pollock handled the case.

Murder Conviction

Lehigh Acres resident Roy Garcia, was found guilty of; Second Degree Murder, Robbery with a Firearm, Fleeing to Elude with Lights and Sirens Activated at High Speed or Wanton Disregard, and 3 counts of Aggravated Assault on a Law Enforcement Officer, for his part in a robbery and shootout on Lee Boulevard in 2006.

An accomplice, Ricardo Gomez was shot and killed by deputies during the crime. Garcia was charged with murder because Florida law allows a person to be charged with murder if an accomplice is killed during the commission of a crime.

Another defendant in the case, Erik Garcia, Roy’s brother-in-law, was already convicted of Second Degree Murder, Fleeing and Eluding, Armed Robbery and three counts of Aggravated Assault.   

Roy Garcia will be sentenced on October 5th. Assistant State Attorney Andrew Marcus handled the case.

Grodin Murder Trial

Justin Grodin was found guilty of First Degree Murder and two counts of Aggravated Child Abuse for the death of 11-month old Gretchen Grodin. Gretchen, his wife’s daughter, was found in a shallow grave in the woods behind a South Fort Myers apartment complex in May 2000. Many motions and other circumstances, including the question of his competency to stand trial, delayed the trial for nine years.

The Lee County jury deliberated for about three hours before coming back with their verdict of guilty on all counts for Grodin. The same jury convened again for the penalty phase of the case. The jury deliberated for just under two hours and came back with a 10-2 recommendation for death.

Judge Volz will make the final decision on Grodin’s sentence. That decision could come in September.

DNA Brings Justice

A crime that happened in 2003 was brought to justice thanks to DNA. A match came through the DNA CODIS system which is a national database that linked defendant Micah Lawson to a crime against an elderly woman in Lee County years ago. He broke into the victim’s home through her bedroom window and brutally raped her. The crime had been immediately reported and the effect of the crime on the victim was severe. The woman has since passed away.

Lawson was charged in 2008 with Burglary with Battery/Sexual Battery, Lewd Battery on an Elderly Adult, and Abuse of the Elderly. Assistant State Attorney Francine Donnorummo tried the case. The trial lasted two days with eleven State witnesses. The jury found Lawson guilty on all counts.  He was sentenced to 85 years in prison. 

The Lee County Sheriff’s Office and the State Attorney’s Office, specifically prosecutor Francine Donnorummo,  were honored by A.C.T., the Abuse, Counseling & Treatment Center along with the victim’s family for their work in getting the defendant prosecuted in this case.

Guilty as Charged

Charlotte County prosecutors Jennifer Garczewski and Shannon Doolity received guilty verdicts on all counts against defendant Michael Tompkins. Tompkins was found guilty of; two counts of Lewd or Lascivious Molestation of a Child Less than 12, two counts of Lewd or Lascivious Molestation of a Child 12 Years of Age or Older, and one count of Sexual Battery of a Child in a Familial or Custodial Relationship.

The two counts of Molestation of a Child Under 12 are punishable by a minimum of 25 years in prison to life in prison. Tompkins had been molesting the victim from the time she was 9 or 10 years old until she was 14, which is when she confided in some friends who then told authorities. Sentencing has not yet been scheduled.

Perjury Sentencing

A former defendant in Collier County was found guilty of  Perjury in an Official Proceeding and was sentenced to 5 years in prison.

 Jose Faustino Velasco was tried and acquitted for Trafficking in 2006. He testified that he could not have trafficked in drugs because his daughter had been in a car crash and he was in St. Petersburg tending to her on the date in question. The State Attorney’s Office and Collier County Sheriff’s Office joint investigation revealed that the car crash happened one year after the date of the drug trafficking.

Assistant State Attorneys Jennifer Griep and J.D. Miller handled the case.

Crimes Against a Child

Charlotte County resident Tuan Christopher Nguyen was found guilty of three counts of Lewd or Lascivious Battery. He had committed sexual acts on a teenager. Nguyen was sentenced to 15 years in prison. Assistant State Attorney Jennifer Garczewski handled the case.  

Felony Battery Sentencing

26-year-old Amy Chesser was sentenced to three years in prison followed by two years probation after being found guilty of Felony Battery. The Collier County jury came back with the verdict in just under two hours. Chesser beat a 40-year-old Naples woman, permanently injuring her eye. Assistant State Attorney Mara Marzano handled the case.   

Dui Manslaughter Sentencing

35-year-old Naples resident Robert Bacon was sentenced to 20 years in prison for Leaving the Scene of a Crash Involving Death and was also sentenced to 15 years for DUI Manslaughter  to be served concurrently. This after being found guilty of killing Maria Alba Alvarez Hernandez who had been riding her bicycle along U.S. 41. Assistant State Attorney Mara Marzano handled the case.   

Murder Sentencing

Charlotte County resident Michel Thomas will spend the next 35 years in prison for the Second Degree Murder of  26-year-old Jewaun Platt. Platt was shot to death in 2004. Assistant State Attorneys Andreas Gardiner and Megen Beley handled the case. Five people involved in the crime have already been convicted.   

Collier County Grand Jury

The Collier County Grand Jury, Spring Term, indicted Jesus Machado one count of First Degree Murder and one count Aggravated Child Abuse May 6th.  Machado is accused of killing Julian Machado by inflicting blunt force trauma in April 2007.  A trial date has been set for July2nd.  Assistant State Attorney Steve Maresca is handling the case.

Bank Robber Guilty

Raymond Ravellette was found guilty of robbing a Lee County bank after the jury deliberated for only 20 minutes. He was found guilty of Robbery- Possessing a Firearm. He will be sentenced June 22nd. Assistant State Attorneys Marie Doerr and Michael-Anthony Pica handled the case.

Charged with Murder

A Charlotte County jury found Michel Thomas guilty of Second Degree Murder with a Firearm. Thomas shot and killed another man after chasing him down the street and firing 6 shots at him. One bullet pierced the victims lung. Thomas will be sentenced July 6th.  Assistant State Attorneys Andreas Gardiner and Megan Beley handled the case.

Career Criminal Sentenced

Billie Roberts Garcia, 25, of Immokalee was sentenced as a career criminal for multiple charges. Judge Franklin Baker adjudicated him guilty of all charges the State Attorney’s Office filed against him.

The charges are Fleeing or Attempting to Elude Police, Possession of a Firearm by a Convicted Felon, Carrying a Concealed Firarem, felony Driving While License Suspended or Revoked and DUI with Property Damage (2nd offense). He was also charged with 2 counts of Battery by a Person Detained along with Resisting Arrest with Violence and Battery on a Law Enforcement Officer.

Garcia was sentenced as a habitual felony offender to 10 years in prison for the Possession of a Firearm by a Convicted Felon charge. He was sentenced as a prison releasee reoffender to 5 years in prison on the Resisting Arrest with Violence charge. He then received 60 months in prison on the remaining 6 charges, plus 6 months in county jail on the DUI charge. All sentences are to run concurrent. Assistant State Attorney Tino Cimato handled the case.       

Garcia is also currently facing additional charges in Broward County for some 2008 crimes.

Guilty All Counts

22-year-old Anibal Morales will spend the rest of his life in prison without the possibility of parole. He was sentenced to 3 life sentences plus 15 years in prison after being  convicted of First Degree murder, two counts of Attempted Second Degree Murder with a Firearm and Aggravated Battery with a Deadly Weapon relating to a 2005 Thanksgiving Day crime. That was the maximum sentenced he faced. Assistant State Attorneys Andrew Marcus and Zachary Gill handled the case.

Life in Prison

22-year-old Anibal Morales will spend the rest of his life in prison without the possibility of parole. He was sentenced to 3 life sentences plus 15 years in prison after being  convicted of First Degree murder, two counts of Attempted Second Degree Murder with a Firearm and Aggravated Battery with a Deadly Weapon relating to a 2005 Thanksgiving Day crime. That was the maximum sentenced he faced. Assistant State Attorneys Andrew Marcus and Zachary Gill handled the case.

A co-defendant in the same case, Dave Gaphoor was also found guilty of those same charges.  He is scheduled to be sentenced on June 29th. Assistant State Attorney Andrew Marcus also handled that case.

Animal Cruelty

A Hendry County case against Robert Allison for a felony charge of Cruelty to Animals ended with a guilty verdict by the jury. Allison shot a Chihuahua with a BB gun, the dog survived the shooting. Allison is scheduled to be sentenced on May 28th and faces up to 5 years in jail. Assistant State Attorneys Jill Cabai and Nicole Mirra handled the case.

DUI Sentencing

Fort Myers resident Steven Adkins was sentenced to 17 years in prison followed by 2 years probation after being convicted on 4 counts of DUI with Serious Bodily Injury and 3 counts of DUI Property Damage for a 2005 multi-vehicle accident in Fort Myers. Assistant State Attorneys Gina Fishman and Sara Mabrey handled the case.

Crimes Against a Child Sentencing

Sterling Hicks, a 38-year-old  Lee County resident, was sentenced to 25 years in prison followed by 5 years sex offender probation  for Sexual Activity with a Child. Hicks impregnated a girl, who had the baby when she was 12 years old. Assistant State Attorneys Carrie Pollock and Gina Fishman handled the case. Hicks is still facing other charges related to this case.

Aggravated Carjacking

William Welker was found guilty in a Charlotte County courtroom of Aggravated Carjacking While Armed. He beat a man with a wrench, pulled him from his vehicle and then stole his van, but then returned to the scene and told police what happened. The jury returned the guilty verdict after only one hour of deliberating. Welker was sentenced to 1 year in jail and 1 year of community control followed by 4 years of probation. He must also  pay all court costs and perform 100 hours of community service. Assistant State Attorney Andreas Gardiner handled the case. 

DUI Manslaughter Sentencing

65-year-old Robert Starkweather was sentenced to 45 years in prison, the maximum time faced, after being found guilty of DUI Manslaughter, DUI Causing personal Injury and Leaving the Scene of an Accident.  The Crash happened on Fort Myers Beach last year.  Assistant State Attorney Marie Doerr handled the Case.

DUI Sentencing

Fort Myers resident Steven Adkins was sentenced to 17 years in prison followed by 2 years probation after being convicted on 4 counts of DUI with Serious Bodily Injury and 3 counts of DUI Property Damage for a 2005 multi-vehicle accident in Fort Myers.  Assistant State Attorneys Gina Fishman and Sara Mabery handled the case.

Crimes Against a Child Sentencing

Sterling Hicks, a 38-year-old Lee County resident, was sentenced to 25 years in prison followed by 5 years sex offender probation for Sexual Activity with a Child.  Hicks impregnated a girl, who had the baby when she was 12 years old.  Assistant State Attorneys Carrie Pollock and Gina Fishman the case.  Hicks is still facing other charges related to this case.

Aggravated Carjacking

William Welker was found guilty in a Charlotte County courtroom of Aggravated Carjacking While Armed.  He beat a man with a wrench, pulled him from his vehicle and then stole his van, but then returned to the scene and told police what happened.  The jury returned the guilty verdict after only one hour of deliberating.  Welker was sentenced to 1 year in jail and 1 year of community control followed by 4 years of probation.  He must also pay all court costs and perform 100 hours of community service.  Assistant State Attorney Andreas Gardiner handled the case.

Life in Prison
22-year-old Anibal Morales will spend the rest of his life in prison without the possibility of parole.  He sentenced to 3 life sentences plus 15 years in prison after being convicted of First Degree murder, two counts of Attempted Second Degree Murder with a Firearm and Aggravated Battery with a Deadly Weapon relating to a 2005 Thanksgiving Day crime.  That was the maximum sentence he faced.  Assistant State Attorneys Andrew Marcus and Zachary Gill handled the case.
Child Porn

A Naples man, who had downloaded hundreds of images of child pornography was sentenced to 20 years in prison followed by 10 years of sex-offender probation.  That means after serving his sentence 39-year-old David Allan Young will have to register as a sex offender, provide a sample of his DNA for database of sex offenders, cannot use the internet and may not live near anyplace children gather and must meet other requirements.  Assistant State Attorney Chris Klink handled the case.

Aggravated Battery
Clayton Splitter, of Charlotte County, was sentenced to 2 years in prison, 3 years probation, 10 hours of community service and court costs for Aggravated Battery.  He tossed acid onto the victim's face causing damage to his eyes.  Assistant State Attorney Don Mason handled the case.
Manslaughter Conviction 
28 year old Ronnie Perez was sentenced to the maximum penalty of 15 years in prison for Manslaughter for the stabbing death of William Lovell in his Cape Coral home in 2007. Assistant State Attorneys Ed Ferguson, Stephanie Hoffman and Zach Gill handled the case.
Life in Prison 
Fort Myers resident Dion Hill, 26, was sentenced to life in prison after being convicted of Attempted Second Degree Murder of a Law Enforcement Officer – Discharging a Firearm, Robbery-Possessing a Firearm and Attempting to Injure or Kill a Police Dog. Assistant State Attorneys Marie Doerr and Amy Rosborough handled the case.
Crimes Against a Child
A Collier County couple was found guilty of various charges after performing sexual acts on a 5 year old in 2004 in a home in Naples Park. They videotaped their crimes. 

31 year old Genny Lynne Simmons was sentenced to 70 years in prison for 6 counts of Attempted Capital Sexual Battery on a victim less than 12 years old and Promoting a Sexual Performance by a Child. 

47 year old James Bernard McClenithan was sentenced to Life in prison for his part in the same crime. Assistant State Attorney Steve Maresca handled the case. 
Guilty as Charged
A 3-day trial in Fort Myers ended with a guilty verdict against defendant Sterling Hicks. He was found guilty of Sexual Activity with a Child, a First Degree Felony. The victim in this case had a baby when she was 12 years old and the DNA confirmed that Hicks was the father. He faces 30 years in prison when he was sentenced to April 20th. Assistant State Attorneys Carrie Pollock and Gina Fishman handled the case. He faces two other charges dealing with crimes against children; that case hasn’t gone to trial yet. 
Abuse of a Child
Manuel Torres was found guilty of Capital Sexual Battery on a Child less than 12 years old, after the jury deliberated for about 10 minutes. The Hendry County case involved the defendant performing oral sex on a 4 year old victim while he was babysitting. Torres faces a mandatory life sentence. Assistant State Attorneys Denise Kiser and Martin Stark handled the case. 
Fred Cooper: Guilty All Counts, Sentenced to Life In Prison
Defendant Fred Cooper was found guilty on all counts at his second trial in St. Petersburg. He was found guilty of 2 counts of First Degree Murder and 1 count of Burglary with a Firearm. He was convicted in just over 6 hours by the St. Petersburg jury for the murders of Michelle and Steven Andrews.

The couple was killed in their South Fort Myers home in the Gateway community just after Christmas in 2005. Steven was shot in the head and Michelle was beaten and strangled. Their 2 year old son Lukasz was found alive at the crime scene after a 911 call was placed from the home.

The trial was held in St. Petersburg after being moved by Judge Reese following a motion from the defense who argued that a jury would not be able to be found in Southwest Florida due to the intense media coverage. The first trial in October 2008 ended in a hung jury after the jurors could not come to a unanimous decision. 

After the guilty verdict, a second proceeding was held called the penalty phase. This is because Cooper faced the possibility of the death penalty. Witnesses took the stand to speak about the victims and the defense put on witnesses to speak about Cooper. The same jury from the criminal trial deliberated and came back several hours later with a recommendation of life in prison.

On March 16th in Fort Myers, Judge Reese made the final decision and sentenced Cooper to 3 life sentences, without the possibility of parole. It is 1 life sentence for each count of murder and 1 for the charge of Burglary with a Firearm.

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