Internal Reference #1142
Juvenile Case
Facts: Officer C responded to a location in reference to a burglary in progress of a house. A witness advised that there were three black males in the rear of the location entering a shed. The witnesses further advised that the males entered another shed and are now proceeding to the front of the location.
As Officer H arrived on the scene, he proceeded to the rear of the residence. Officer H observed the three back males inside the rear of an enclosed porch area that was connected to the residence. Officer H identified himself as a Police Officer wearing full police uniform and commanded the individuals to get on the ground. The three individuals ignored Officer H’s command and proceeded to run in a North East direction. Officer H again advised “Police Stop” several times, but the three individuals ignored the commands and kept running, jumping a fence. Officer H advised that the individuals were running in the rear of a blue and yellow house, Officer S and Officer C arrived and observed the three individuals running from the rear to the house and proceeding in the North East direction. Officer S began chasing the three individuals on foot as Officer C proceeded on foot attempting to keep them from running anymore north. As Officer H advised that the individuals were in the rear of a blue and yellow house, Officer C located the house and proceeded to the rear where he was able to apprehend all the individuals with the help of Officer H, S, and W.
All three individuals were transported to the police station where their parents were contacted and requested to respond to the station.
Detective R conducted interviews with all three individuals where he advised Miranda from a pre-printed form.
Investigation revealed all three suspects arrived at the residence where they discovered a tamper tool. All three suspects went to the front of the residence where Suspect(1) proceeded to strike the front door handle in an attempt to gain entry of the house. Unsuccessful, Suspect(2) obtained the tool and proceeded to strike the handle. The handle was then broke off and all three suspects entered the house. Once inside, all three defendants ran sacked the interior of the residence and discovered keys that were hanging up on a wall. The suspects removed all the keys and proceeded to the rear of the residence to two sheds that were locked with a pad lock. All three suspects went through the keys, finding the correct key and entering the sheds where they found a spray paint can. All three of the suspects then entered an enclosed porch area that was connected to the residence by screen and doors. Once inside, the suspects proceeded to spray paint the wall of the residence. At this time, Officer H arrived on the scene.
Suspect(2)’s mother was called but could not get in contact. Suspect(2) provided a full confession to Detective R. Suspect(2)’s mother was successfully contacted after the interview.
Suspect(1)’s mother was contacted and responded to the station. Suspect(1) provided a full confession to Detective R with his mother present.
Suspect(2)’s mother was contacted and responded to the station. His mother did not want her son to provide a statement to Detective R without a lawyer.
Crime scene investigator D responded to the scene and obtained finger prints and took photographs. A pad lock from one of the sheds was located where the defendants jumped the fence. Search incident to arrest revealed five keys that were discovered in Suspect(2)’s left front short pocket. Those five keys were identified by the victim as being his. The victim further advised that the keys were hung up on the wall. The victim advised that on 12/2, the house was properly locked and secured. The victim provided a written statement and advised that he wanted to fully pursue charges. All three suspects were transported to the Juvenile Assessment Center.
The suspects caused approximately $500.00 in damage from the spray paint.
The defendant was arrested and charged with Burglary Unoccupied Residence(810.02(3)(B)), Criminal Mischief(Under)(816.13(1)(B)(2)), and Resisting Without Violence(843.02)
Results: SET FOR TRIAL- Dismissed
Internal Reference #7024
*Juvenile Case
Facts: On 4/19 at 051 hours, Officer M was on routine traffic patrol. At which time at a location he observed the defendant walking on the property closely to the residence and the vehicle that was in the driveway. Officer M then activated his spotlight from his marked police unit and gave a loud verbal command to the defendant to stop. The defendant kept on walking on the side of the location. Officer M then repeated himself in a loud verbal command stating to stop. The defendant then jumped a fence located on the west side and took off running. A perimeter was established for K-9 units. Shortly after, the defendant was detained. The defendant was placed under arrest for loitering and prowling. Based on the defendant’s actions, the defendant could not dispel Officer M’s alarm therefore was placed under arrest and transported to the jail. The defendant was read his Miranda Rights from a PPD issued card. The defendant stated that he was just walking in the area going home. Based on where the defendant lives, he was walking in the wrong direction. The defendant ran south over a fence to the back of a location. The Miranda card was placed in property.
Charges: Loitering/Prowling
Result: Loitering/Prowling – Adjudication Withheld
Internal Reference #20254
Facts: At approximately 1600 hours, the officer responded to a residence in reference to a fire. Upon the officer’s arrival, he made contact with a captain from the county fire rescue. The captain advised the officer that a Tikki Hut located in the park caught on fire and the county fire rescue responded and extinguished the flames.
At this time, the officer made contact with a witness. She advised that she called in the fire, however could not supply any information on how the fire got started.
The captain is unsure at this time how the fire started. The captain did advise he called out a detective, the state fire marshal. The detective responded to the scene and conducted a full investigation.
At this time, the officer canvassed the area finding a small green lighter, approximately 100 yards away from the scene on the grass. The officer attempted to process the lighter, but had negative results. The lighter was placed into property.
Note: the defendant did unlawfully and intentionally damage a structure (Tikki Hut) by lighting it on fire. Two witnesses stated in sworn taped statements that the defendant intentionally lit the Tikki Hut on fire with a cologne bottle then the three of them fled from the area.
Charges: Arson (806.01(2) – Maximum Penalty: 15 years in prison
Process: tough case but was able to negotiate it out. The defendant was not charged as an adult and keeping the case in juvenile court was the key to the result.
Results: Arson – Adjudication Withheld
50 hours of community service, pay restitution, psychological evaluations, and fire classes
No Jail, No Prison, No Probation, No Conviction
Internal Reference #20262
Facts: The defendant, a 32 year old male did commit the crime of lewd and lascivious molestation on the victim, a 15 year old girl by fondling and sucking on her bare breasts. The defendant did commit the crime of contributing to the delinquency of a minor by purchasing a plane ticket for the juvenile without the consent of her parents and picking her up at the airport and bringing her back to his residence.
The victim, who resides in a different state, initially met the defendant online through a social media website. He claimed to have ties to the Hip Hop and music industry and would help her start a career in the same. She wrote lyrics and he was going to corroborate with her. As she became comfortable with the friendship, she explained that she was unhappy at home. He offered to buy her a plane ticker and bring her to his house. Throughout the course of their relationship, the defendant was aware of the juvenile’s age.
The juvenile accepted the offer and picked up her ticket at the airport counter. She boarded a plane with one layover and arrived at approximately 12:30am. The defendant picked the victim up outside of arrivals on the curb. He advised her that he would be driving a certain vehicle. She located the vehicle and immediately recognized the defendant from the pictures on his social media account. He then drove home.
Once inside, the defendant confiscated all of the juvenile’s identification consisting of a birth certificate, social security card, and a school I.D. card, and then handed her an adult entertainment I.D. card belonging to another female. He told the victim that this is her new identity and she should memorize the information.
They both were lying on the bed when he began to hug and kiss her. He then removed her bra and shirt and began to grind on top of her, gyrating his pelvic area into hers. He also fondled her bare breasts with his hands and placed his mouth on her nipples. He then reached inside the back of her pants, touching her buttocks. He then attempted to take off her pants, but she was able to stop him and told him no.
The victim’s mother notified the police department in her home-state to report her daughter as missing. The defendant’s county police department received a call to detectives at the victim’s police department who requested contact at the defendant’s house. The juvenile was the one who opened the door, who was then transported to the police department where a sworn statement was taken. The defendant had already left the scene.
Charges:
Process: Upon being hired, Mr. Foley took depositions on the case. He filed a motion for the client to have contact with his children and the motion was granted. While Mr. Foley was working on the case, the client was failing to meet contractual obligations. Therefore, Mr. Foley withdrew from the case.
Results: Mr. Foley withdrew from the case.