Firearm Crimes

Published on: January 16, 2013

Cortnee Brantley Jurors Deliberate in Misprison of a Felony Trial in Middle District of Florida Federal Court in Tampa

Cortnee Brantley, the girlfriend of Dontae Morris now awaits her fate as Middle District of Florida jurors deliberate in her Misprison of a Felony trial. Brantley was with Dontae Morris on June 29, 2010 during a tragic traffic stop where Tampa Police Department officers Jeffrey Kocab and David Curtis were murdered by Dontae Morris. After Morris is said to have shot Officer Kocab and Officer Curtis, Cortnee Brantley fled the scene via car and Dontae Morris fled the scene on foot. At issue in the trial is whether Cortnee Brantley knew whether or not her boyfriend, Dontae Morris, was a convicted felon carrying a firearm. This case has gone to trial in one previous attempt, resulting in a hung jury when the empaneled jury at the time could not come to a decision after deliberating for nearly eight hours.

Ask any Tampa criminal lawyer with any Federal criminal court experience and you’ll likely be told that a misprison of a felony charge is rarely a crime charged directly. Just as a reckless driving charge is generally a reduction from driving under the influence, misprison of a felony is something we, as Tampa Federal criminal attorneys, use in an effort to convince the United States Attorney’s Office to reduce a more serious crime to. Frankly, misprision of a felony is an odd charge as it is not one typically found at the State court level. Federal in nature, misprision of a felony is an old common law charge held over from old English courts who used this charge to prosecute those for failing to report a crime. Even in England the charge was considered a misdemeanor and carried with it an exception for those who could be incriminated by divulging the subject crime. Like old England, the 5th Amendment to the Constitution prevents Brantley from being forced to report the subject shooting. Rather, the charges against Brantley are based on the United States Attorney’s allegation that she had a duty to report that Dontae Morris was a felon in possession of a firearm, contrary to Florida Statute 790.23. Per Federal Statute 18 USC 4 one who has knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.
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Published on: December 7, 2012

Lamb of God Lead Singer Charged with Manslaughter in Fan’s Death After Pushing Fan From Stage

By Mayberry Law Firm

A criminal court in the Czech Republic indicted “Lamb of God” lead singer Randy Blythe for their country’s version of manslaughter, or causing bodily harm to another person with lethal consequences. The 41 year old Blythe is accused of pushing a fan from the Lamb of God stage during a 2007 concert. As a result of the push the fan hit his head on a concrete floor below causing his death two weeks later. Under Czech speedy trial rules, Blythe’s trial date must be set within 3 months presumably from indictment. If convicted, Blythe will face between five and ten years in prison.

Just about every media outlet describes the incident as one where Lamb of God was performing on stage and due to either lax venue security, insufficient barricading, or both, this fan was able to trespass onto the band’s stage. Once the fan accessed the stage he proceeded swiftly toward Blythe who reacted and pushed him away. The unfortunate consequence of death resulted from the push.

So we know someone died and someone else has been accused of causing that death in a fashion not premeditated. Will the charges stick and should they? Generally a “manslaughter” charge is very similar state to state and in most civilized countries not using some type of religiously fanatical court. In its most stripped down form it is the killing of a human being by the act, procurement, or culpable negligence of someone else, without lawful justification according to the justifiable use of force statute and in cases in which such killing should not be excusable homicide or murder. The Florida manslaughter statute is codified at 782.07 if you’d like to take a further look. Manslaughter without any type of aggravating factor is a second degree felony punishable by up to 15 years in prison and a $10,000 fine.

The key portion of the statute to focus on is the language “without lawful justification.” Obviously the killing of another without a reason is illegal. However, if someone appears ready to inflict some type of physical harm upon you, you have a right to defend yourself. Stated differently, you have lawful justification. Blythe’s case will rise and fall on whether the trier of fact believes his assertion of self defense is justified.
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Published on: December 6, 2012

Tampa, Florida Teen Sentenced to 15 years in Prison for Threatening to Discharge a Destructive Device at Freedom High School

By Mayberry Law Firm

Tampa, Florida teenager Jared Cano’s life as he knows it is over. Today in Hillsborough County Circuit Court in Tampa, Florida, Jared Cano was sentenced to 15 years in the Florida Department of Corrections for what police say was a plot to make a Columbine style attack on Freedom High School. Tampa police were tipped to Cano’s plans by a fellow Freedom High student. In following the tip, police found materials used to make bombs in addition to a timer presumed to be used to detonate the bomb. Additionally, several news agencies were able to get their hands on disturbing cell phone videos taken by Cano describing his heinous intentions. Cano’s Tampa criminal attorney contested the allegations, stating that the plans were nothing more than fantasies of a teenager and that Cano never planned on following through with his scheme.

After an expert hired by the Tampa criminal lawyer opined that there was nothing seized as evidence that would explode, Hillsborough Circuit Judge Kimberly Fernandez sentenced Cano to 15 years in the Florida Department of Corrections to be followed by 10 years of felony probation. Cano has 15 months of credit for time served in jail but will have to serve out 85% of his sentence under current Florida law.

Cano was convicted under Florida Statute 790.162 for threatening to discharge a destructive device and under Florida Statute 790.161(2) for attempting to discharge a destructive device.

To be convicted of threatening to discharge a destructive device under 790.162, the State Attorney’s Office must show that the individual charged threatened to discharge a destructive device with an intent to do bodily harm to any person or that the individual has an intent to damage property of any person. If convicted as Cano was, one would be looking at a second degree felony conviction, punishable by up to 15 years in prison and a $10,000 fine.
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Published on: November 22, 2012

“HOW TO” GUIDE ON NOT COMMITTING ASSAULT, BATTERY, AGGRAVATED BATTERY OR ROBBERY WHILE BLACK FRIDAY SHOPPING!

By Mayberry Law Firm

In special remembrance of Elizabeth Macias and her 2011 Black Friday pepper spray incident, we’ll run through the dos and don’ts for the busiest shopping day of the year in the hope that you’ll stay out of a Tampa Bay area jail. As you may recall from last year, Macias was accused of unleashing a hellfire fury of pepper spray on other Black Friday shoppers in Porter Ranch, California. Initially police claimed Macias hosed down her shop mates over discounted X-Box gaming systems. After the “spray” settled Macias faced no felony charges and ultimately threatened to sue Wal Mart for inadequate security. At the end of the day the failure to file charges isn’t overly surprising if there was in fact a scrum around the X-Box’s and there was a risk of injury to her or her children. It would be tough for a prosecutor to show she wasn’t happily hosing others in self defense or defense of her kids. We hope you find the following tips helpful in avoiding Machine Gun Macias’ fate.

Don’t use pepper spray on other people. If you do in Tampa, Florida you will face at minimum, a battery charge and perhaps and aggravated battery if the spray causes permanent injury to another. All that is necessary to show a battery is that you intentionally touched or struck someone else against his or her will, OR intentionally caused bodily harm to someone else. No one I know enjoys being doused with pepper spray so chances are if you break out the water weenie full of pepper juice, you’re guilty of battery. For an excellent explanation of assault and battery check this Jacksonville criminal attorney‘s write up.

Where things could get really serious is if your pepper spray causes permanent harm to a third party. If you hit someone in the eye and said eye is permanently broken, you’re going to face second degree felony charges for a Florida aggravated battery. Aggravated battery charges generally mean prison time. I’ve never been to prison but I’ve been told the selection at commissary isn’t quite as nice as Target. Food for thought.

Don’t threaten someone whether you have pepper spray to back up your threat or not. In Florida, if you threaten someone by word or act and have the immediate ability to do so coupled with an overt act that leads them to believe you’re about to make bad dreams come true, you my friend, have committed an assault. Assault is a second degree misdemeanor punishable by up to 60 days in jail and a $500 fine. Possibly worse is the fact that your shopping day will be done.
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Published on: November 16, 2012

CHAMIQUE HOLDSCLAW ARRESTED FOR AGGRAVATED ASSAULT WITH A FIREARM IN GEORGIA

By Mayberry Law Firm

Former WNBA superstar Chamique Holdsclaw turned herself into the Atlanta Fulton County Jail Thursday night after a warrant was issued for her arrest. Holdsclaw is accused of committing an Aggravated Assault, causing Criminal Damage to Property of another, in addition to Reckless Conduct. Holdsclaw, a former All-American for the University of Tennessee Lady Volunteers and a perennial WNBA All-Star, is accused of bashing out the windows of her ex-girlfriend’s SUV and shooting a 9MM handgun through the back driver’s side window and into the back passenger door.

Victim and ex-girlfriend Jennifer Lacy told police that Holdsclaw showed up to one of her workouts and asked for her keys to put something in her car. When Lacy got in her vehicle she was alerted by the smell of gasoline and noticed Holdsclaw following her. Lacy then went to a friend’s house only to be followed by Holdsclaw. Upon arrival at the house Holdsclaw became enraged and the above mentioned incident occurred while Lacy was still in the driver’s seat of her vehicle.

Regardless of State, any Tampa criminal lawyer will tell you that when a firearm is present or discharged during the commission of a crime, the situation gets serious in a hurry! Were this incident to have occurred in Florida, I believe Holdsclaw would be facing Aggravated Assault with a Firearm charges, amongst others. Simple assault is a threat, either through words or actions, to do violence to another person while having the apparent ability to do so, and doing an overt act that creates a well founded fear in the victim that violence is imminent. An aggravated assault is an assault when using a deadly weapon, in this case a handgun. Florida and Federal law takes crimes of this nature very seriously. In Florida, Holdsclaw would be facing a minimum mandatory 20 year prison term per Florida Statute 775.087(2)(a)(2) due to discharging the firearm in the commission of the aggravated assault. Without a charge reduction negotiated between a criminal defense attorney and Prosecutor, both the Prosecutor and Judge are bound by statute to a sentence of at least 20 years.
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