· Congratulations to Economic Crimes Unit ASAs Stacy Cleveland and Suzanne Von Paulus. After less than an hour of deliberations, a jury found the Defendant guilty of Grand Theft in the First Degree and two counts of Unlawful Filing Causing Financial Losses.
This is the second trial in three months for the Defendant, who created fraudulent deeds claiming that a deceased property owner deeded several properties to him prior to death. The deceased Victim died without a will and no close or local relatives. The Defendant is well known by numerous individuals at the Clerk of Courts due to his myriad frivolous lawsuits and filings.
The Defendant was previously convicted in February and recently sentenced to more than 10 years of state prison, and yet he continued to maintain that he acted lawfully. The jury disagreed. Unfortunately for the Defendant now faces an additional 12.4 years in state prison at the bottom of the guidelines.
Special thanks go out to the Economic Crimes Unit Support Staff for the team effort throughout this trial.
• Congratulations to Sexual Battery Unit ASA Jessie Friedman and SBU Chief Natalie Snyder for securing a guilty verdict on one count of Sexual Battery with Force Likely to Cause Serious Bodily Injury in a rape case from 1991.
The Victim awoke in the middle of the night to a stranger pounding her face with his fists. Then he raped her. She could not see the person because her eyes were so swollen. She contacted police right after the rape and was taken to the Rape Treatment Center, where swabs were taken from her body. The swabs were submitted to the MDPD DNA lab in 1991, but very little could be done with the science available at the time.
In 2007, the Victim’s rape kit was sent to Bode Laboratories as part of a grant to clear the backlog of rape kits at MDPD. A DNA profile was obtained and entered into CODIS but there was no match for many years. In 2018, MDPD was alerted of a match to the Defendant. Swabs were obtained from the Defendant to confirm the match.
However, Bode could not compare the DNA from the swabs of the Defendant to the results of the 2007 DNA work because standards had changed and the 2007 profile was unusable for that purpose. MDPD had to start from scratch and work the rape kit under the current standards. When they did, they were able to confirm that the Defendant was the source of the DNA. The DNA evidence was very complex and presented quite the challenge, but the jury paid close attention and understood the evidence in the end.
A very special thanks to Victim Witness Coordinator Nancy Germeille, who spent late nights arranging travel for over half the State’s witnesses, including the victim and Bode analysts. Thanks also go to the MDPD crime lab and SVU Cold Case Detectives for their extra work to secure the conviction.
• Congratulations to ASAs Stephen Daniels and Jonathan Sallah for securing a guilty verdict of two counts of Aggravated Kidnapping with a Weapon, two counts of Armed Robbery with a Deadly Weapon, one count of Aggravated Battery with a Deadly Weapon, and one count of Aggravated Battery with a Deadly Weapon causing Great Bodily Harm. The Defendant was charged as a principal.
The two Victims were construction workers who were working on the “C” co-Defendant’s house. During their employment, appliances were stolen from the house. On May 26, 2017, the Defendants decided that the Victims were responsible, and they carried out a brutal punishment. While the Victims were working at the site, the Defendants attacked them. They took their wallets and cell phones. Then they bound the Victims with duct tape and handcuffs and repeatedly beat the Victims with a baseball bat, a 2x4 piece of wood, a firearm, fists, and feet. The Victims were then dragged to different rooms of the house. The “A” Co-Defendant went back and forth between the rooms, beating and interrogating each Victim about the missing appliances.
Although the “A” co-Defendant left the scene, the “C” and “B” co-Defendants remained. The “C” co-Defendant called the police and reported that the Victims had broken into the house and were burglarizing the house again. MDPD responded to the scene and found the Victims tied up with significant injuries. One Victim sustained a fractured leg. No weapons or handcuffs were located on scene. MDPD conducted the investigation and determined that the burglary suspects were in fact the Victims of the above charges.
The “A” co-Defendant was located and arrested several weeks later. Post-Miranda, he denied any involvement and agreed to let the detective look at his phone. Text messages between him and the “C” co-Defendant proving that they orchestrated the crimes were discovered – and used at trial.
Special thanks to Secretary Sherri Reaves and Katherine Garcia and Lead Worker Janet Gonzalez.
· Congratulations to ASAs Stephen Daniels and Sandra Demirci for securing a guilty verdict on one of the other co-Defendants in the previously described case.
After an hour and a half of deliberations, the Defendant in this case was convicted of two counts of Aggravated Kidnapping with a Firearm, one count of Aggravated Battery with a Deadly Weapon, one count of Aggravated Battery with a Deadly Weapon, and two counts of Battery. The third co-Defendant pled guilty.
A special thanks to Lead Worker Janet Gonzalez, Secretary Sherri Reaves and Katherine Garcia the Help Desk Team, and the Litigation Support Team.
· Congratulations to ASAs Marie Koth and Matthew Wolf. Their jury returned a guilty verdict on five counts of Sexual Activity with a Child by a Person in Familial or Custodial Authority. The Defendant was sentenced to Life in Prison.
The Defendant used his role as a father figure to manipulate the Victim, his stepdaughter, into engaging in sexual acts. The abuse began when she was 14 years old and continued until she was 18 years old and gave birth to a child by him. He had also reportedly molested her younger sister.
The case presented difficulties in that the Victim didn’t report the crime for years and it was hard for the Victim to remember specific incidents due to the continuous nature of the abuse she suffered. The defense claimed that this was a consensual relationship which began after the Victim turned 18 – even stipulating to paternity of her child mid-trial. The ASAs highlighted the Victim’s credibility and worked with her to create a timeline. ASA Koth successfully argued a Williams Rule motion and the court allowed the younger sister to testify. ASA Wolf thoroughly cross-examined the Defendant’s son and was able to elicit testimony which actually corroborated some of the Victim’s testimony and proved helpful to the State’s case.
In an emotional sentencing hearing, the judge denied defense’s motion for downward departure and agreed with the state’s argument that, despite having no prior criminal history, the Defendant should serve the maximum possible sentence for his egregious conduct.
Special thanks go to Trial Coordinator Nelson Escobar and Division Secretary Anthony Valeriano for tracking down items and ensuring the case was prepared, as well as Victim Witness Counselor Lead Worker Kelly Usher-Villazan, Victim Witness Counselors Alexa Perdomo & Joseph Dunne, Sexual Assault Victim Specialist April McClellan, and Domestic Violence Victim Specialist Avry-Ann Whyte-James.
· Congratulations to Career Criminal/Robbery ASA Katharine “K.C.” Moore and Assistant Chief Kioceaia Stenson for securing a guilty verdict against a Defendant on charges of Attempted Second Degree Murder of a Police Officer using a Firearm Causing Great Bodily Harm, Assault, and, after a bifurcated jury trial, Felon in Possession of a Firearm. The Defendant will receive a Mandatory Life Sentence as a Prison Releasee Reoffender (PRRP).
On January 11, 2014, Miami Gardens Police Officers were dispatched to an apartment building for a domestic violence incident involving the Defendant and his girlfriend. While armed with a Ruger, the Defendant threatened to kill her. Officers immediately began crowd control upon arrival. When a veteran Officer saw the Defendant walking away from the scene, he told a “rookie” Office, to go speak with the Defendant. The Officers did not know that the Defendant was armed.
With his gun holstered the entire time, the Officer jogged after the Defendant, tapped him on the shoulder, and casually said, “Hey man, can you stop? I need to speak with you.” The Defendant menacingly turned and charged at him while raising a gun. The Officer ran as the Defendant chased after him while shooting at him three times, hitting him once in the upper thigh.
Two Officers and the Defendant’s girlfriend witnessed the shooting. One Officer handcuffed the Defendant and secured his firearm. A young woman eyewitness testified that she had no doubt the Defendant chased and intentionally shot the young Officer, who was holding no gun and had his hands up. The incident was captured by a surveillance camera positioned a considerable distance away. At trial, the Defendant’s girlfriend testified that the incident began because the Defendant felt “disrespected” when she confronted him about being late for work because he failed to return her car on time.
The Officers and Witnesses testified about the shooting. A ballistics expert testified that three casings at the scene matched the firearm found next to the Defendant. A DNA analyst testified that blood found on the ground near the Defendant and touch DNA on the Ruger all came from the Defendant. ASA Moore ended their case in chief with a reenactment during testimony of the injured Officer.
The Defendant testified. During cross examination, ASA Moore got the 23-time convicted felon to admit to the assault on his girlfriend and that he attacked the Officer because he felt disrespected by both. He conceded that the state’s evidence was accurate and correct except he claimed he only had a knife and not a gun. The jury deliberated and believed the prosecution’s case.
Special thanks to CCR Secretary Chandra Taylor and Victim Witness Counselor Shaun Williams, Victim Witness Supervisor Maria Diaz and Investigator Roderick Passmore and the SAO Investigations Team for transporting, escorting, and keeping safe all the civilian witnesses during the trial.
· Congratulations to ASAs Lindsey Johnson and Wally Hernandez for securing a guilty as charged verdict in an Armed Robbery with a Firearm/Machine Gun trial in Repeat Offender Court. The Defendant will receive a Mandatory Life Sentence as a Prison Releasee Re-Offender (PRRP),
On February 11, 2019, the Victim headed back to work from Wendy’s in North Miami Beach at approximately 2:30 p.m. The Defendant approached the Victim in the parking lot and pointed an assault rifle at him. The Defendant robbed the Victim of all his personal items and forced him to the ground. The Defendant then fled in a black, four-door sedan.
Though only five or so seconds of the actual armed robbery were caught on CCTV, video from another CCTV camera provided blurry footage of the suspect fleeing in a black, four-door sedan.
The Victim called 911 moments later and gave a detailed account of what happened and an accurate description of the Defendant, including pinpointing the Defendant’s height at 6’ 3”. The Victim contacted a local news station, and a call went out for information about the robber in the CCTV footage.
An anonymous Crime Stoppers tip identified the robber and provided his date of birth, address, and the make, model, year, and plate number of the vehicle, a black 2018 Toyota Camry.
Later the same day, the Victim immediately identified the Defendant from a photo array. A search warrant was then executed at the Defendant’s residence. Police located the shoes he wore during the robbery, as well as the Camry, which the Defendant’s girlfriend owned, at the same residence.
Special thanks to Litigation Support, Help Desk, Victim Witness Counselors Melissa Cleves and Destiny Navarro for getting the retired lead detective from Tennessee, and Division Secretaries Roseel Bracamonte and Isabella Martinez.
· Congratulations to ASAs Ayana Duncan and Kevin Betancourt for securing a guilty verdict at trial on charges of First-Degree Murder with Discharge of a Firearm, Attempted First Degree Premeditated Murder (with discharge), Armed Burglary with Assault or Battery, Shooting a Deadly Missile, and Grand Theft Vehicle.
This 2016 case involved three FIU students who previously went to high school together. The Defendant was a 24-year-old male with no prior criminal record at the time of the murder. The female surviving Victim and the, male homicide Victim had dated since high school. The surviving Victim broke up with him a few months before the incident and began dating the Defendant. They dated for approximately three months. During that time, the Defendant displayed an aggressive pattern of behavior and became physically violent with her. As a result, she broke up with the Defendant, blocked his phone number, and cut off all communication. A short time later, she rekindled the relationship with the deceased Victim.
In the weeks after the breakup, the Defendant “stalked” the surviving Victim without her knowledge. In the early morning hours on the date of incident, the surviving Victim and the deceased Victim parked on the swale across the street from her home after a date. The Defendant had been waiting at her home for them to arrive.
The two Victims were in the backseat of the two-door car when the Defendant abruptly opened the door and entered the vehicle. He then stood directly outside of the car and taunted both victims. He produced a firearm and pointed it at the homicide Victim, who lunged at the Defendant and got shot as they struggled for the firearm. The Defendant then stood over him and shot him two more times at point blank range.
The Defendant then entered the vehicle and shot the surviving Victim, trapped in the backseat, eight times about her body. When she believed that the shooting ceased and she removed her hands from her head for cover, the Defendant shot her a ninth time in the face. He fled the scene and stole a tow-truck a few blocks away. Miraculously, the surviving Victim remained conscious the entire time and was able to phone her father. She made several excited utterances that were extremely compelling during trial. She was airlifted to Aventura Hospital where she remained for several months while she underwent numerous surgeries. She has since made a full recovery and completed dental school.
The Defendant was sentenced to a mandatory sentence of Life in Prison for Murder, a Life Sentence for the Attempted Murder, a 25-year firearm Minimum Mandatory prison sentence for the Armed Burglary, and 15 years and five years in prison for Shooting a Deadly Missile and Grand Theft Vehicle, respectively. After almost six long years, the verdict and sentence have provided some semblance of justice and closure for the next of kin, the surviving Victim, and her family.
Special thanks to Victim/Witness Counselor Rayna Milfort for her tireless efforts to secure all witnesses for trial and for supporting the next of kin and the surviving victim. Thanks also to the Domestic Crimes Unit support team of Secretaries Shon Scott, Dianella Diaz Perez, and Christina Miranda for their assistance throughout the process.
· Congratulations to Human Trafficking ASAs Ashley Morales and Jeffrey Pierce for securing a guilty verdict on one count of Human Trafficking of a Minor for Commercial Sexual Activity and one count of Interfering with the Custody of a Minor.
The case involved a 16-year-old female runaway who was discovered in April 2021 at the Motel X with the Defendant by MDPD Human Trafficking Detectives. The Defendant told the Victim that he was a music producer and promised to launch her music career. Even after the Defendant was arrested and in custody, he continued to attempt to control the minor. Through jail calls he directed his fiancé to pose as the Victim’s godmother in a dependency court hearing to obtain legal custody of her. The fiancé tried but the scheme was discovered. Cell phone forensics, Megapersonals online ads, jail calls, and the Defendant’s post-Miranda statements were used to convict the Defendant. Though the minor Victim never testified, her age and identity were verified through testimony from DCF.
The Defendant proceeded pro se for voir dire and the first day of testimony before electing to utilize his standby counsel. The Defendant took the stand in his own defense and ASA Morales, in an outstanding cross examination, was able to obtain several admissions from the Defendant tying him to the cellphone he had claimed was not his. ASA Pierce unified the digital forensics, the jail calls, and other evidence in a 70-slide PowerPoint for closing argument. The Defendant, who is also a convicted murderer, faces life in prison.
Special thanks to HT Victim Specialists Wephnirva Nonord and Tanya-Jean Gennusa, Secretaries Michelle Inzagui, Megan Mims and Wanda Frazier.
· Congratulations to Sexual Battery Unit ASA Priscilla Ruiz and Organized Crime ASA Michael Sartoian for securing a guilty as charged verdict on two counts of Lewd or Lascivious Molestation, two counts of Lewd or Lascivious Battery, and two counts of Lewd or Lascivious Exhibition.
The case involved a 13-year-old Victim who was subjected to multiple acts of abuse at the hands of the Defendant, her uncle, over the course of 16 months. The Victim did not want to hurt her family, so she kept the abuse a secret until a week after the Defendant last raped her.
The State's case was largely based on testimonial evidence, including, most importantly, the Victim’s testimony. The lead Hialeah PD Detective, CPT pediatrician, and the CPT Case Coordinator, also testified. Because of the delayed disclosure, there was no physical evidence, so the CPT pediatrician’s expert testimony was particularly helpful.
The ASAs want to sincerely thank Sexual Battery Unit (SBU) Trial Coordinator Bertreece Wilder, SBU Victim/Witness Counselor Nancy Germeille, and the Litigation Support team (Angel Castillo, Rene Ferrer, George Washington, and Trevor Wanless) for their collective efforts throughout this trial.
· Congratulations to ASAs Haseen Alam and Amit Mathur for securing a guilty verdict after approximately 10 to 15 minutes of deliberation in a case wherein the Defendant was found guilty of 1 count of Cocaine Sale within a Thousand Feet of an Elementary School.
On May 19th, 2019, Detectives were working an undercover detail in Westland Trailer Park as part of Operation Heat Wave. The Defendant approached the two Detectives while they were seated in their vehicle. The Defendant exchanged phone numbers with one of the Detectives and offered to sell him $20 worth of “white”. The Detectives discreetly recorded this encounter with their cellphone. The Detectives and Defendant exchanged text messages throughout the day coordinating the purchase of 40 dollars of cocaine.
Detectives then arrived back at the scene of Westland Trailer Park to buy the narcotics from the Defendant. There was no video of the buy.
The Defendant was identified through facial recognition technology, a measurement was done between the site of Arcola Lake Elementary School and Westland Trailer Park and the Defendant was then arrested a month later.
Special thanks to Victim Witness Counselor Melany Badia-Taveras, Secretary Annette Rizo, Help Desk, and the Litigation Support Team.
