HNS REPORTS---DECEMBER 28, 2009
PENNEY'S SUPERVISOR ARRESTED IN CASH THEFTS
A supervisor at the J.C. Penney store in Spring Hill has been charged with grand theft after store managers found almost $2300 missing over the past six weeks. Sheriff's deputies said 24-year old Michael Nelson admitted taking the money from store registers over a period from mid-November to December 22. According to a sheriff's report, Nelson said he used the money to pay bills and buy food for his family. Nelson, who was the supervisor of the home department at the store, was booked into the Hernando County Jail on Christmas Eve.
FLEEING SUSPECT INVADES HILL N DALE HOME
A Brooksville man who reportedly fled from a traffic stop demanded that a Hill N Dale homeowner hide him and tried to enter the house when he was refused. An arrest affidavit said 20-year old Douglas Lewis Jones, Jr., was stopped by the Florida Highway Patrol Sunday and fled on foot into a nearby residential area. Jones allegedly demanded entry at a Dale Avenue home and tried to get in the house until a dog in the house began barking and biting at him. The suspect then fled again and was later arrested in the backyard of a Warner Avenue home. Jones was taken to the Hernando County Jail and booked on a charged of residential burglary and grand theft auto.
BATTERY CHARGED IN CONFRONTATION AND ATTEMPTED ABDUCTION
A 47-year old man who allegedly violated a protection order and tried to drive away with a woman who was a witness to a verbal disturbance has been charged with battery. An arrest affidavit says Richard John Graham of 11075 Knuckey Road was violating a court order when he got into an argument Sunday with two other men at an Annutaliga Avenue residence. He reportedly grabbed a woman who was among the witnesses to the confrontation, tried to pull her into his vehicle, and began to drive off. The woman escaped as he was accelerating, falling to the ground and sustaining a minor injury. Graham fled the scene and was arrested later several miles away when deputies spotted the vehicle on Cortez Boulevard.
SUSPICIOUS PERSON AT RESTAURANT CHARGED FOR DRUGS
A sheriff's report says a call from the manager of the Commercial Way McDonalds restaurant led to the arrest of a 31-year old man on a drug charge. Deputies took Richard Joseph Laskay into custody after finding him in the parking lot early last Wednesday morning. He claimed he was only looking in a dumpster for cans. Deputies said they found six methadone pills in two bottles in Laskay's pants pocket and charged him with possession of sale of a controlled substance.
STATE ATTORNEY, FBI SAY NO TO PROBE OF RAYFORD DROWNING
The State Attorney's Office and the Tampa FBI are the latest agencies to turn down a request for more investigation into the drowning death of a fugitive in September. Spring Hill politcal activist Brian Moore says he was "flabbergasted" at the responses to his calls for continued review of the incident. Moore claimed witness statements supported his view that James "Little Man" Rayford drowned in Hunters Lake because of the actions of the Hernando SHeriff's Office helicopter pilot. The State Attorney's Office said Moore's information did not show any "criminal actions" occurred. The Tampa FBI office said the request for a further probe "does not meet the FBI's investigative guidelines."
The Sheriff's Office conducted an internal investigation and found no wrongdoing when Rayford disappeared under the lake waters after trying to get away from Pasco and Hernando deputies. Although Rayford's family has reportedly consulted lawyers for advice, no actions are currently pending in the matter.
This week Hernando News Source will look back at some of the top local stories of 2009. We begin with what legal observers say was a record-breaking jury verdict in a civil suit:
JURY RETURNS $330 MILLION VERDICT IN DUI CIVIL SUIT
Plaintiff Angela Stone, next to lead attorney Steve Yerrid, right, celebrate with legal team
A six-woman jury returned what's believed to be the largest civil damages verdict in Hernando County history Wednesday when they awarded Angela Stone $55 million dollars in compensatory damages and $275 million in punitive damages for the death of her daughter at the hands of a drunk driver two years ago. Her attorney Steve Yerrid told the jury in closing argument that their verdict "needs to be large" to deter drinking and driving, and also urged the jury to "send a message loud and clear." Stone's 12-year old daughter Shelby Hagman died in April 2007 when her grandparents' car was hit broadside by a truck driven by Christopher Marcone, then 25-years old and now two years into a 13-year prison sentence for DUI manslaughter. As the jury filed out after the verdict was announced, Stone hugged each jury member.
Yerrid was asked later about the next steps in attempting to collect money for Stone and said the verdict could be helpful in a pending products liability case arising out the accident. In that case, he's arguing that a defective seat belt contributed to the severity of the girl's injuries. A Hernando County emergency medical technician testified Tuesday that the girl's head was entangled in the seat belt and her feet were in the air. Yerrid said in response to questions about other sources of payment that there was a confidentiality agreement involved.
The verdict came after less than a full day of testimony and barely 15 minutes of deliberation following Judge Stephen Rushing's reply to their question about an appeal of their verdict, which told them any appeal was not a matter they should consider.
Marcone was the named defendant. He was represented by Bryan Reynolds, a Tampa lawyer known for insurance defense. Reynolds did not cross-examine any witnesses or present a defense case, nor did he make a closing argument except to take 20 seconds to thank jury members for their service. Later he declined to comment on whether any insurance money might be available to pay the verdict amount.
Earlier Wednesday Stone testified about how the death of her only child had impacted her life and would continue to do so.
Brooksville's red light cameras made news throughout the year after the City Council approved a contract with a company to install the cameras and send ordinance citations to violators. Council members said they were concerned for safety, critics said it was just a revenue-raising issue, and lawyers scrambled to litigate the cameras' legality, although the City of Brooksville has not been named yet in any of the camera lawsuits. Here are the red-light camera stories from Hernando News Source archives:
LAWYER : OTHER CITIES TO BE ADDED TO RED LIGHT LAWSUIT
A West Palm Beach lawyer whose firm is suing the City of Orlando over red-light cameras says his firm is actively looking to sue other cities using cameras to fine red-light runners. Richard Schuler told the Orlando Sentinel that the case filed Thursday in Orange County seeks class-action status and likely will be aimed at other jurisdictions, especially those that contract with American Traffic Solutions. That firm is Brooksville's partner in the controversial red-light camera program that's drawn both outrage and thousands of dollars in revenue from citizens caught on camera. The lawsuit claims the red-light cameras are unconstitutional as a violation of due process. Brooksville's city attorney, the Hogan Law Firm, has signed off on the legality of the ATS contract and the ordinance enforcement process that officials say could generate a million dollars a year in revenue to the city.
BROOKSVILLE SHIFTS CAMERA REVENUE, OK'S MILLAGE AND BUDGET
The City of Brooksville has also approved a tentative millage rate and budget. The spending plan moves red light camera citation revenue to a reserve fund rather than spending the estimated $350,000 on new police officers. Council members suggested using the money for delayed capital improvements to city facilities. The millage rate was approved at 6.0690 mills, and the total city budget calls for spending almost $36 million dollars, only about $43,000 less than the current year's budget despite declining property values.
RED LIGHT CAMERAS A SLIPPERY SLOPE?
At least one Brooksville City Council member has concerns about the controversial red light cameras. At Wednesday night's final budget hearing, David Pugh said the cameras put the city on a "slippery path" between public safety and revenue generation. Pugh said he had concerns about "the way it's heading, like we're using a slush fund." Although Mayor Joe Bernardini said he shared some of the concerns about a "slippery slope," he said he believed the safety benefits of encouraging compliance with traffic signals made the red light camera program worthwhile. And Vice Mayor Lara Bradburn indicated strong support for the cameras, saying that data shows a positive impact on safety, based on the steadily diminishing number of ordinance citations issued as a result of camera review. The new budget allocates several hundred thousand dollars in expected camera citation revenue to city capital projects.
BROOKSVILLE SPECIAL MASTER QUITS, CITES CAMERAS
The City of Brooksville will apparently have to find another local lawyer to act as special magistrate for code violations. Hernando News Source has confirmed that Bill Eppley submitted a letter of resignation to city Community Development Director Bill Geiger and the City Council, at least in part because he doesn't think the red-light-camera citations he's asked to enforce are promoting safety. Eppley's resignation letter says in part that "The city's position is that this is a safety issue and not a revenue issue, when that is clearly not the case.'' Eppley also criticized the recent ordinance change that imposes heavy fines and potential impoundment of vehicles for loud music, saying that "The fines are ridiculous" and that he "just got fed up."
NEW HEARING OFFICER GETS CITY COUNCIL OKAY
Brooksville city officials acted quickly after the resignation of special master Bill Eppley, getting council approval of a new hearing officer Monday. The new city special master is Ken Warnstadt, who has filled the same role for the county for the past six years. Warnstadt's city duties will be a little different, as he'll be asked to enforce the red light camera citations that Eppley criticized in his resignation letter. Council approved a contract for Warnstadt's services with only a few changes from the county version. Warnstadt will charge $150 an hour with a two-hour minimum to hear city ordinance citation cases.
FLORIDA RED LIGHT CAMERAS DRAW LAWSUITS AND PROTESTS
A circuit judge in Miami-Dade County says more information is needed before a ruling in a lawsuit challenging the legality of red light cameras in Aventura, just north of Miami. The case is the first of several lawsuits over the controversial cameras to go to hearing. Lawyers for the city have moved to dismiss the case, citing the lack of conflict between city code which creates an ordinance violation and state statutes that provide for traffic tickets.
Meanwhile, the Orlando Sentinel reported Sunday on demonstrations by citizens protesting the increasing number of camera locations in central Florida. The online Sentinel said the demonstrators shouted "red light scammers" and also noted studies showing that etended caution lights would make intersections safer than cameras.
FASANO, SCHENCK: CONCERNED ABOUT RED LIGHT CAMERAS
State senator Mike Fasano and Rep. Rob Schenck led the criticism of Brooksville's red light cameras at the local legislative delegation Tuesday. Schenck complained to Police Chief George Turner about the cameras posted at five city intersections that take pictures of vehicles running red lights. He said aside from the "Big Brother" issue, he had a concern about the revenue being raised. Fasano noted that a significant amount of each $125 violation goes to the vendor who sold the project to the city. But Vice-Mayor Lara Bradburn cited her time as a reporter covering fatal accidents as supporting her vote for cameras as a safety measure. Fasano responded that he's ridden with Highway Patrol troopers and supports traffic safety, but that his concern with red light cameras was focused on the revenue being raised at a time of otherwise tight budgets. The delegation took no formal action on the matter.
BROOKSVILLE COUNCIL TO CONSIDER MAKING RED LIGHT PROGRAM FAIRER
Johnston 
Bernardini 
Bradburn
Two of the five Brooksville City Council members said Monday night they would like to see changes in the red light camera enforcement that would make it fairer. Councilman Joe Johnston said he's heard from many people that feel the local ordinance enforcement is particularly hard on people making right turns on red and suggested a lesser fine for those violations. Councilman Joe Bernardini said he's also heard from a number of concerned constituents but suggested waiting for a scheduled review of the red light camera program in February. New mayor Lara Bradburn, a big supporter of what she calls a safety initiative, said minor violations are already being considered. She said the camera contractor has referred some 23,000 potential violations in the nine months since the program began, but only 5,000 of those were deemed serious enough to support a citation.
FLEEING SUSPECT INVADES HILL N DALE HOME
BATTERY CHARGED IN CONFRONTATION AND ATTEMPTED ABDUCTION
SUSPICIOUS PERSON AT RESTAURANT CHARGED FOR DRUGS
A sheriff's report says a call from the manager of the Commercial Way McDonalds restaurant led to the arrest of a 31-year old man on a drug charge. Deputies took Richard Joseph Laskay into custody after finding him in the parking lot early last Wednesday morning. He claimed he was only looking in a dumpster for cans. Deputies said they found six methadone pills in two bottles in Laskay's pants pocket and charged him with possession of sale of a controlled substance.
STATE ATTORNEY, FBI SAY NO TO PROBE OF RAYFORD DROWNING
The State Attorney's Office and the Tampa FBI are the latest agencies to turn down a request for more investigation into the drowning death of a fugitive in September. Spring Hill politcal activist Brian Moore says he was "flabbergasted" at the responses to his calls for continued review of the incident. Moore claimed witness statements supported his view that James "Little Man" Rayford drowned in Hunters Lake because of the actions of the Hernando SHeriff's Office helicopter pilot. The State Attorney's Office said Moore's information did not show any "criminal actions" occurred. The Tampa FBI office said the request for a further probe "does not meet the FBI's investigative guidelines."
The Sheriff's Office conducted an internal investigation and found no wrongdoing when Rayford disappeared under the lake waters after trying to get away from Pasco and Hernando deputies. Although Rayford's family has reportedly consulted lawyers for advice, no actions are currently pending in the matter.
This week Hernando News Source will look back at some of the top local stories of 2009. We begin with what legal observers say was a record-breaking jury verdict in a civil suit:
JURY RETURNS $330 MILLION VERDICT IN DUI CIVIL SUIT
A six-woman jury returned what's believed to be the largest civil damages verdict in Hernando County history Wednesday when they awarded Angela Stone $55 million dollars in compensatory damages and $275 million in punitive damages for the death of her daughter at the hands of a drunk driver two years ago. Her attorney Steve Yerrid told the jury in closing argument that their verdict "needs to be large" to deter drinking and driving, and also urged the jury to "send a message loud and clear." Stone's 12-year old daughter Shelby Hagman died in April 2007 when her grandparents' car was hit broadside by a truck driven by Christopher Marcone, then 25-years old and now two years into a 13-year prison sentence for DUI manslaughter. As the jury filed out after the verdict was announced, Stone hugged each jury member.
The verdict came after less than a full day of testimony and barely 15 minutes of deliberation following Judge Stephen Rushing's reply to their question about an appeal of their verdict, which told them any appeal was not a matter they should consider.
Marcone was the named defendant. He was represented by Bryan Reynolds, a Tampa lawyer known for insurance defense. Reynolds did not cross-examine any witnesses or present a defense case, nor did he make a closing argument except to take 20 seconds to thank jury members for their service. Later he declined to comment on whether any insurance money might be available to pay the verdict amount.
Brooksville's red light cameras made news throughout the year after the City Council approved a contract with a company to install the cameras and send ordinance citations to violators. Council members said they were concerned for safety, critics said it was just a revenue-raising issue, and lawyers scrambled to litigate the cameras' legality, although the City of Brooksville has not been named yet in any of the camera lawsuits. Here are the red-light camera stories from Hernando News Source archives:
A West Palm Beach lawyer whose firm is suing the City of Orlando over red-light cameras says his firm is actively looking to sue other cities using cameras to fine red-light runners. Richard Schuler told the Orlando Sentinel that the case filed Thursday in Orange County seeks class-action status and likely will be aimed at other jurisdictions, especially those that contract with American Traffic Solutions. That firm is Brooksville's partner in the controversial red-light camera program that's drawn both outrage and thousands of dollars in revenue from citizens caught on camera. The lawsuit claims the red-light cameras are unconstitutional as a violation of due process. Brooksville's city attorney, the Hogan Law Firm, has signed off on the legality of the ATS contract and the ordinance enforcement process that officials say could generate a million dollars a year in revenue to the city.
BROOKSVILLE SHIFTS CAMERA REVENUE, OK'S MILLAGE AND BUDGET
The City of Brooksville has also approved a tentative millage rate and budget. The spending plan moves red light camera citation revenue to a reserve fund rather than spending the estimated $350,000 on new police officers. Council members suggested using the money for delayed capital improvements to city facilities. The millage rate was approved at 6.0690 mills, and the total city budget calls for spending almost $36 million dollars, only about $43,000 less than the current year's budget despite declining property values.
RED LIGHT CAMERAS A SLIPPERY SLOPE?
BROOKSVILLE SPECIAL MASTER QUITS, CITES CAMERAS
The City of Brooksville will apparently have to find another local lawyer to act as special magistrate for code violations. Hernando News Source has confirmed that Bill Eppley submitted a letter of resignation to city Community Development Director Bill Geiger and the City Council, at least in part because he doesn't think the red-light-camera citations he's asked to enforce are promoting safety. Eppley's resignation letter says in part that "The city's position is that this is a safety issue and not a revenue issue, when that is clearly not the case.'' Eppley also criticized the recent ordinance change that imposes heavy fines and potential impoundment of vehicles for loud music, saying that "The fines are ridiculous" and that he "just got fed up."
NEW HEARING OFFICER GETS CITY COUNCIL OKAY
Brooksville city officials acted quickly after the resignation of special master Bill Eppley, getting council approval of a new hearing officer Monday. The new city special master is Ken Warnstadt, who has filled the same role for the county for the past six years. Warnstadt's city duties will be a little different, as he'll be asked to enforce the red light camera citations that Eppley criticized in his resignation letter. Council approved a contract for Warnstadt's services with only a few changes from the county version. Warnstadt will charge $150 an hour with a two-hour minimum to hear city ordinance citation cases.
A circuit judge in Miami-Dade County says more information is needed before a ruling in a lawsuit challenging the legality of red light cameras in Aventura, just north of Miami. The case is the first of several lawsuits over the controversial cameras to go to hearing. Lawyers for the city have moved to dismiss the case, citing the lack of conflict between city code which creates an ordinance violation and state statutes that provide for traffic tickets.
Meanwhile, the Orlando Sentinel reported Sunday on demonstrations by citizens protesting the increasing number of camera locations in central Florida. The online Sentinel said the demonstrators shouted "red light scammers" and also noted studies showing that etended caution lights would make intersections safer than cameras.
FASANO, SCHENCK: CONCERNED ABOUT RED LIGHT CAMERAS
State senator Mike Fasano and Rep. Rob Schenck led the criticism of Brooksville's red light cameras at the local legislative delegation Tuesday. Schenck complained to Police Chief George Turner about the cameras posted at five city intersections that take pictures of vehicles running red lights. He said aside from the "Big Brother" issue, he had a concern about the revenue being raised. Fasano noted that a significant amount of each $125 violation goes to the vendor who sold the project to the city. But Vice-Mayor Lara Bradburn cited her time as a reporter covering fatal accidents as supporting her vote for cameras as a safety measure. Fasano responded that he's ridden with Highway Patrol troopers and supports traffic safety, but that his concern with red light cameras was focused on the revenue being raised at a time of otherwise tight budgets. The delegation took no formal action on the matter.
Johnston Bernardini Bradburn
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