Monday, September 28, 2009

Cape man accused of sexually assaulting 8-year-old

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 9/26/09

Cape Coral police have arrested a 30-year-old man accused of sexually assaulting an 8-year-old child Thursday.

Robert Urban of Cape Coral has been charged with sexual assault of a victim under 12 years old, and remained in the Lee County Jail Friday evening, according to booking records.

Witnesses reportedly told police they caught Urban in bed with the 8-year-old and both were nude.

Urban is 6 feet tall and weighs approximately 180 lbs.

According to reports, Urban was staying on a blow-up mattress in the room of a home, though it is unclear who may have been sharing that room with him or who else may have been living in the home.

The victim discussed the details of the incident with a Child Protection Team worker, and was also given a medical exam by a CPT nurse, reports state.

Forensics investigators photographed bedding and the victim’s clothing, and these items were placed into police evidence along with Urban’s clothing.

Urban reportedly denied the incident and declined to speak with officers without a lawyer present.

As the result of an investigation by Cape Coral Detective Todd Kerns, police found probable cause to charge Urban in the incident.

His bond has been set at $500,000.

A soldier comes home; Army Spc. Downey returns to Cape

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 9/26/09

Army Spc. Erika Downey has two families, but she will spend her 20th birthday at home with the people who have watched her grow over the years into a responsible, young adult who is determined to serve her country.

The 19-year-old Iraq veteran joined the U.S. Army two years ago when she turned 18, and served her first tour in Baghdad.

She returned home on leave Wednesday, greeted by her mother, Barbara Desmond.

“It was a shock because my mom definitely went overboard, like mothers do,” Downey said Friday. “That’s really all you have over there besides the people you’re with.”

Downey said she considers those she serves with as family, but to come home to parents, siblings and friends is a heartwarming experience.

“I’m still in shock,” she said.

Downey will celebrate her 20th birthday Sunday and plans to spend her time “just relaxing.” She said she is “just trying to take a load off, sleep a lot and spend time with the family.”

With a mother and father who both retired from the Navy, and a 23-year-old brother, Staff Sgt. Eli Downey, stationed at Fort Polk in Louisiana, Downey grew up understanding what it is to be a part of the United States military.

“I’m a military brat,” she said. “I wanted to be a police officer, but to become an officer in Cape Coral you have to be 21, and I did not see myself going to college at that time.”

In lieu of joining the ranks of the Cape Coral Police Department or going to college, Downey enlisted after graduating from Mariner High School in 2007. She has completed one year of schooling for an associate’s degree in criminal justice through the Army.

Downey said that when she enlisted, her mother and brother understood why she made the decision.

“My mom understood,” Downey said. “Coming from a Navy background, she didn’t take it as hard. My brother said, ‘Good for you.’”

Downey will drive to Missouri, where she will be stationed at Fort Leonard Wood, Thursday. She said she could soon be sent to Afghanistan to begin a second tour over seas.

But now, Downey is looking forward to December, when she will return home to spend the holidays with her family.

“It couldn’t be a greater gift,” she said.

Hefty drop in Cape crime numbers; Mid-year numbers show 11.6 percent decrease in serious or ‘index’ crimes reported to FDLE

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 9/26/09

Law enforcement officials report an overall decrease in crime numbers in Cape Coral, Lee County and the state of Florida for the first half of 2009.

Cape Coral saw an 11.6 percent decrease in crime in the first six months of 2009 as compared to 2008, according to city spokesperson Connie Barron.

The city had 2,414 total "index" crimes from January to June of this year, as opposed to 2,732 index crimes reported during that same time frame in 2008.

Index crimes fall into two categories, violent crimes and property crimes. Violent crimes measured among index crimes include murder, sexual offenses, robbery and aggravated assault. Property crimes counted among index crimes include burglary, larceny and motor vehicle thefts.

According to a semi-annual report released by the Florida Department of Law Enforcement Wednesday, Cape Coral is ranked as the fifth safest city in Florida with populations exceeding 100,000 people. Palm Bay, Coral Springs, Miramar and Port St. Lucie are ranked first through fourth, respectively.

"We are pleased that we have been able to work together-the community and police-to keep our crime rate low and our citizens safe," Cape Coral Police Chief Rob Petrovich said in a written statement released Friday. "While we know that we cannot stop every crime from occurring, we can continue our proactive efforts to target specific areas of concern and respond quickly to all criminal incidents."

There have been three murders in Cape Coral in 2009, a 40 percent decrease from the first half of 2008, while rape has seen the largest decrease by 61.1 percent.

The only major crime to see an increase this year is robbery, which has gone up by 5.7 percent to a total of 56 in Cape Coral. However, robberies are down 17.53 percent throughout the county.

In Lee County, major crimes are down by 13.57 percent, from 6,966 to 6,021. Murder is down 26.67 percent in Lee County while forced sex crimes are down 32.59 percent.

Lee County Sheriff's Office arrests are down 19.69 percent, from 11,584 to 9,303.

The Florida Department of Law Enforcement reports violent crimes statewide are down 9.7 percent, while non-violent crimes are down 7.6 percent.

In general, crime in the state of Florida is down 7.9 percent, according to FDLE's mid-year report.

"The decrease in the volume of crime is a very encouraging sign," Gov. Charlie Crist wrote in a prepared statement this week. "Public safety is a priority across the state, and the proactive programs and policies we are putting in place will continue to make a difference in keeping our streets and communities safe. I thank law enforcement officers across our state for their service in protecting the people of Florida."

FDLE Commissioner Gerald Bailey said Wednesday that "The first half of the year is typically a good indicator as to what's ahead for the rest of the year."

According to FDLE figures, murder is down 18.8 percent, forcible sex crimes are down 4.1 percent and robberies are down 13 percent statewide.

The report, compiling information submitted by 404 law enforcement agencies throughout the state, reflects crime volume, as opposed to crime rate as it relates to population size, according to FDLE officials. Crime rate is a component of the annual report.

The 2009 semi-annual report and a county-by-county breakdown of crime in Florida is available at the FDLE Web site at www.fdle.state.fl.us/fsac/ucr/.

Sheriff’s Office identifies inmate found unresponsive in cell

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 9/26/09 
 
Sheriff's officials have identified a Lee County Jail inmate who died Thursday night after he was found unresponsive with a sheet wrapped around his neck inside his cell.

Joseph McGinley, 42, of 7204 Emily Drive, Fort Myers, was discovered by Lee County corrections deputies and medical staff during a "routine medication pass" at about 10:25 p.m., according to Lee County Sheriff's officials.

He was taken to the Lee Memorial Hospital where he was later pronounced dead at 11:15 p.m.

According to Capt. Tom Eberhardt, McGinley was not on suicide watch at the time of the incident, however Eberhardt said further details would not be released until a report had been compiled and reviewed.

McGinley had been booked into the Lee County Jail Wednesday morning at about 1:15 a.m. on a violation of probation charge, records show.

McGinley had last been in the Lee County Jail on a separate violation of probation June 5 and was released the same day, booking records show.

The Lee County Sheriff's Office has charged McGinley with several felonies and misdemeanors since 2006, including fraudulently using a police badge or law enforcement vehicle, carrying a concealed firearm and unlawful possession of prescription drugs.

Monday, September 21, 2009

Records reveal officers under investigation have good performance reviews

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 9/19/09

Records indicate that two Cape Coral officers who are the subject of a federal investigation have excelled in their duties with the Cape Coral Police Department.

The U.S. Secret Service and Cape Coral Police Department are conducting a joint investigation involving Sgt. James O'Brien and Detective Steve Petrovich, the son of Police Chief Rob Petrovich. The two have been placed on administrative duty pending the outcome of the investigation.

No charges have been filed.

Cape Coral Police Department officials have declined to speak on the nature of the investigation, citing regulations preventing their comment.

According to his personnel file, O'Brien became a sergeant with the Special Operations Unit in 2006, and maintained excellent or good markings throughout his career.

O'Brien has worked with the Cape Coral Police Department for 10 years and makes an annual salary of $68,244.

Regarding O'Brien's leadership ability, a superior officer wrote that O'Brien "shows dynamic leadership qualities, he also exhibits confidence and assurance."

The superior said of O'Brien that he "doesn't shy away from making difficult decisions both administratively and in street situations. Sgt. O'Brien will evaluate his choices before deciding a course of action."

O'Brien is experienced as a member of the SWAT Team, Mounted Patrol and Honor Guard, records show.

One citizen, whose house was burglarized and whose car was stolen on Christmas, commended the efforts of O'Brien and several others in apprehending those responsible.

"Because of this, two suspects were arrested and about one third of our property was recovered as well as our car," the citizen wrote. "It is very comforting to know that the Cape Coral Police Department were there for us in our time of need."

Petrovich, a detective with the Property and Financial Crimes section, has worked with the department for 11 years and makes an annual salary of $64,084.

Petrovich has worked as a representative of the Department to the State Attorney's Office and also as a sergeant with the Vice Intelligence and Narcotics Unit, among other assignments.

In 2005 a superior remarked that Petrovich was "the glue that has held the VIN Unit together."
In his personnel file, Petrovich was referred to as reliable, showing a strong interest in professional development and innovative when working with limited resources.

Petrovich also has mostly good and excellent ratings throughout his career with CCPD.

Records show that in 2002, Petrovich searched a truck which he had stopped due to an equipment violation, and issued the driver a warning. However, upon searching the truck Petrovich discovered hundreds of pornographic pictures of children, along with 22 computer disks and a number of pornographic magazines which were seized. The driver was subsequently arrested.

A superior nominated Petrovich for officer of the month, stating "...a possibly dangerous suspect... was removed from the streets making the city of Cape Coral a safer place for families to live."

Both O'Brien and Petrovich are members of the Lodge 33 Fraternal Order of Police. However, since the nature of the investigation is not duty-related, the FOP cannot legally represent the officers, said the organization's president, Kurtis Grau.

"We will continue to provide emotional support to these officers and their families throughout this process," Grau said earlier this week.

Petrovich, O'Brien and his wife Lea are vice president, president and secretary, respectively, of a company called Tactical Protection & Investigation, Inc. According to the company's Web site, they offer courses for concealed weapons permits.

Wednesday, September 16, 2009

Officials: 2 officers under investigation; One is a detective, son of police chief in Cape

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 9/16/09

Two Cape Coral officers, one of whom is the son of Police Chief Rob Petrovich, have been placed on administrative duty pending the outcome of a joint investigation by the U.S. Secret Service and Cape Coral Police Department, officials said Tuesday.

Sgt. James O'Brien and Detective Steve Petrovich have been placed on administrative duty as the investigation continues, though charges have not been filed against the officers, according to city spokesperson Connie Barron.

Barron declined to comment on whether the investigation is criminal in nature.

"We are not at liberty to discuss the specifics of the investigation," she said.

The Cape Coral Police Department cannot comment on the investigation per Florida statute, Barron said, adding that " ... the (police) chief absolutely will not have any comment on this matter."

Barron said that due to Petrovich's relationship to the police chief, the investigation and related disciplinary action will be handled by Deputy Police Chief Jay Murphy, under the supervision of City Manager Terry Stewart.

"I cannot comment on anything concerning the investigation," said Kurtis Grau, president of the Cape Coral Fraternal Order of Police Lodge 33. "I can tell you that because this was not a duty-related incident that the FOP will not provide any legal representation. The FOP will represent them in any disciplinary actions within the department that may occur as a result of the investigation. We will continue to provide emotional support to these officers and their families throughout this process."

O'Brien has been a police officer with the CCPD for 10 years and makes a base salary of $68,244 a year, according to Barron. Petrovich has worked for the department for 11 years and makes $64,084 a year.

She said the federal investigation remains under investigation.
 
 

Motorcyclist dies from injuries after struck by car

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 9/16/09

A motorcyclist died as a result of injuries suffered in a crash Tuesday afternoon in Cape Coral.

Donald Richard Erwin, 59, was struck while riding his motorcycle eastbound on Pine Island Road at about 1:16 p.m. by a Honda Civic driven by Virginia Murphy, according to city spokesperson Connie Barron. Erwin was not wearing a helmet.

Barron said Murphy, 62, was headed west on Pine Island when she attempted to turn left onto southbound Chiquita Boulevard, cutting off several drivers in the left turn lane and striking Erwin, who attempted to avoid the crash but lost control and skidded into Murphy's path.

Erwin was ejected from his motorcycle and came to rest in the eastbound lanes of Pine Island.
A Medstar helicopter transported Erwin to Lee Memorial Hospital, where he died of his injuries. Murphy suffered minor injuries in the crash.

Erwin is the third motorcycle death in Cape Coral in 2009 and the seventh traffic fatality, Barron said.
Police have opened a criminal investigation to determine whether alcohol was a factor in the crash, she said.

Medstar responded to a second accident Tuesday in which a car crashed into a tree at Santa Barbara Boulevard and Diplomat Parkway.

Two people suffered injuries as a result of the crash, and both were transported by helicopter to the hospital, according to Barron. Their conditions were not available Tuesday evening.

Tuesday, September 15, 2009

Faithful celebrate departed loved ones at pre-holiday service

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 9/14/09

"I felt him here with me."

That's the feeling a member of the Temple Beth Shalom congregation expressed to Rabbi Devora Buchen about her husband who had passed.

It is the reason the Beth Shalom congregant, along with 20 or so others, attended the Pre-High Holy Day Memorial Service led by Buchen in the warm Sunday morning breeze at Coral Ridge Cemetery.

The service, held annually either before Rosh Hashanah or before Yom Kippur, is held as a service to remember lost loved ones everywhere, Buchen said.

"People come together to remember," she said. "This service is for anyone buried anywhere in the world."

The service is open every year to the public and is held in a tranquil spot of the cemetery near the gate of the Beit Hakvarot HaKodesh.

Buchen led the attendants in prayer and an opportunity to vividly recall their loved ones in a long pause of silence.

"The service is important to me because I, as everyone else who was here, has lost someone dear," Buchen said. "It awakens feelings that you don't really know you have. It's more than just remembering."

The ceremony includes a traditional reading of the Kaddish, a prayer of remembrance which is read as a part of each service.

Buchen has been with Temple Beth Shalom for five years and will attest the warmth of the ceremony wasn't caused by the rising Florida sun.

"It's a wonderful congregation from young to old," she said, with about 150 families with children as young as 4-years-old attending. "It's a very warm congregation, a very embracing congregation. I really truly feel blessed to be their leader."

Members of the church are active in the community, including a social action committee aimed at helping the less fortunate, Buchen said.

The public is invited to attend services Fridays at 8 p.m. at 702 S.E. 24th Ave.

To learn more about Temple Beth Shalom visit: www.templebethshalomcc.org or call 772-4555.

Chinese drywall experts discuss dangers, solutions

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 9/14/09

In response to the growing Chinese drywall problem in Florida and other states, several experts addressed the concerns of Lee County residents during a town hall meeting Sunday afternoon.

The meeting, held at the Crown Plaza Hotel in Fort Myers, featured speakers Jason Robertson of Urban Habitats, U.S. Building Consultants Inc., Forensic Investigator and Consultant Spiderman Mulholland and Jonathan Gdanski of Schlesinger Law Offices.

The speakers discussed health, legal and tax issues associated with homes containing Chinese drywall.

"It's essential that we stay as informed as we can," Robertson told residents Sunday. "Some of you have been living with this for months, some of you have just discovered it in your homes. Almost every homeowner I have talked to is outraged."

So far nearly 36,000 Florida homes, some built as early as 2000 or 2001, have been effected by Chinese drywall.

Mulholland, also a chairman of Defective Drywall in America, called the Chinese drywall dilemma the "biggest environmental disaster in U.S. history."

Mulholland said a U.S. plant apparently recycled some of the Chinese drywall, and that figuring out how large the problem really is could take time.

"I believe we won't fully know what we're dealing with for at least another year or two," he said, adding that medical experts predict it will take about 3 and a half years before the adverse health effects caused by hydrogen sulfide and other chemicals in the drywall will be thoroughly understood.

Physical evidence suggests Chinese drywall causes health problems and could even threaten lives, and chemical treatments are ineffective, Mulholland said.

"If you have Chinese drywall in your home, you need to get it out," he said. "It would be nice to leave the drywall in and just fix the problem, but that's not going to happen, not if you want to get back the value of your home."

Mulholland said a collection of toxicologists and other specialists has been working on addressing the problem, though he suggests residents with Chinese drywall in their homes seek legal representation.

The Florida Department of Health has seen an estimated 549 health-related complaints, Gdanski said.

"It is not hard to believe that estimate will continue to grow," he said.

Residents with drywall problems have reported symptoms such as respiratory problems, skin irritation, lethargy and in some cases coughing up blood.

While federal courts have consolidated many Chinese drywall claims into about 50 cases, there are over 1,500 related lawsuits in Florida state courts, many of which remain individual suits, Gdanski said.

Residents can file a timely petition to contest the values of their homes with the Value Adjustment Board through Sept. 18, and the Internal Revenue Service will offer residents the opportunity to receive money back on their 2010 tax returns as a "reprieve of loss" if the value of their home has decreased due to the defective drywall.

Gdanski suggests residents who believe they have a Chinese drywall problem confirm the defective product is in their home, contact associated builders, contractors and their bank and be cautious of any documents they sign.

Cape police unveil statue at new headquarters

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 9/12/09

"For all who have faithfully served, some at the cost of your lives, you will not be forgotten for serving, sacrificing, and willing to put yourself on the line everyday, so shall you be remembered."

So states a plaque behind the freshly unveiled statue, "The Protector," at the front entrance of the new Cape Coral Police Headquarters.

The 700-pound bronze Cape Coral officer designed by Brodin Studios looks down to a small boy and holds his hand, his service weapon holstered beneath his outreached arm. The statue overlooks a small courtyard.

Officials unveiled the statue Friday with flag at half-mast in honor of Sept. 11.

"It encapsulates what our Police Department is here for," Police Chief Rob Petrovich said of the statue.
"I think that's the dot on the eye, the cross on the 't.'

"It was a long journey," he said of the new building, into which most of the department's staff and equipment has been moved. "There were a lot of years of ups and downs."

In recognition of Sept. 11, Petrovich told a crowd of onlookers, "I can't think of a better day to unveil this statue."

The chief expressed his gratitude to the men and women of the Cape Coral Police Department, and also to those who lost their lives in the Sept. 11 terrorist attacks.

"Who knows what that next call's going to be?" he said to CCPD employees. "But I know you guys are ready for whatever that next call will be."

Cape Coral Mayor Jim Burch said of Sept. 11, "It was the first sign on our shores that we are vulnerable. We should all count our blessings.

"We should never forget those that served," Burch said.

The $50,000 statue was budgeted into the original cost of the building-about $100,000- to meet non-residential architectural design standards. Other design items included, to meet that standard, include a lake fountain system, a building clock and a soon-to-be completed outdoor seating area.

The black granite base of "The Protector" and wall panels, at a value of approximately $5,000, were donated in part by Coral Ridge Cemetery and Dignity Memorial.

"We hold the highest regards for the men and women who protect us every day," said Dan Martinez, a representative of Coral Ridge Cemetery. "It is our honor to donate this memorial."

Wednesday, September 9, 2009

Bank gives fire department smoke detectors; Donation helps in tough economy

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 9/9/09




















Florida Community Bank Vice President of Commercial Lending Michael Littlestone and Dave Webster, a public education specialist for the Cape Coral Fire Department, shake hands as the bank donates four new smoke detectors to the fire department Tuesday.

* photo copyright the Cape Coral Daily Breeze. 

--------- 


Florida Community Bank presented the Cape Coral Fire Department with four new smoke detectors Tuesday to distribute to residents on a by-need basis.

Fire fighters keep at least one smoke detector on each truck to help replace non-working detectors when they respond to calls. The department also offers them free to residents who cannot afford them or to elderly or disabled residents who may have trouble installing them.

"We are always in need of smoke detectors," said Dave Webster, public education specialist for the fire department. "Donations are harder and harder to come by. It's a great asset to us."

In a time when distributors have waiting lists for agencies seeking donations of the devices, a Cape branch of Florida Community Bank, located at 205 Del Prado Blvd. S., stepped up and forged a relationship with the department and the residents both parties serve.

"We're a community bank so it's about being part of the community, any way we can help," said Michael Littlestone, the bank's vice president of commercial lending. "There's a need that was there and it was met."

Several months prior, the bank approached the department for fire safety literature to distribute to customers. Through continued relations, bank officials decided to buy the smoke detectors and present them to the fire department.

Littlestone said Florida Community Bank hopes to continue to foster a relationship with the fire department as well as its customers, and will likely contribute more in the future.

"Anything to help with the community is what we'll do," he said.

"If every bank in the city gave us two smoke detectors we'd have ample supply," Webster said.

Florida Community Bank was established in 1927 and has served Cape Coral for approximately 6-7 years.

Tuesday, September 8, 2009

Authorities to ramp up enforcement for Labor Day weekend

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 9/5/09

With the yet unhealthy economy and late arriving Labor Day holiday, there will be 13.3 percent fewer travelers nationwide over the weekend, and up to 22 percent fewer travelers in Florida versus 2008 numbers, according to AAA South predictions.

In Florida, AAA projects 1.86 million travellers this Labor Day, with about 1.6 million of those being drivers. However, despite the decrease, this Labor Day will be the third busiest in the past decade and may see last -minute jumps due to lower air fare and hotel prices.

Airfare will be down 17 percent on average while AAA-rated hotels will have lower rates by 12 percent. AAA predicts travelers will spend about $968 per household over the weekend.

Regular unleaded gas prices in Cape Coral average $2.579 per gallon, and are about $2.566 per gallon statewide, according to a AAA Web site.

AAA Club South spokesperson Gregg Laskoski said the holiday hasn't fallen this late in the month since 1998, when the holiday also fell on Sept. 7.

"Especially in the southeast, that creates a little bit of a disruption," Laskoski said. "Kids have already been back to school for a couple of weeks and parents may be hesitant to disrupt that routine and go on a trip."

Still, law enforcement officials will be stepping up their patrols to help keep impaired drivers off the road.

The Lee County Sheriff's Office will conduct a joint-agency Wolfpack Operation over the weekend, looking for aggressive and impaired drivers, as well as speeders.

"(Drivers) need to make sure that they don't drink and drive, and they need to make sure that they get a designated driver or take money for a cab," said LCSO Sgt. Stephanie Eller. "People should be patient, because there will probably be extra traffic at the stores."

The beaches will also likely be congested, Eller said.

"They should give themselves plenty of time to get where they need to so they're not rushed," she said.

If others are continuously driving aggressively, or they seem to be unable to maintain a single lane, drivers should call 911 to report as much information as they can about vehicles that may pose a danger to others, Eller said.

Additionally, AAA and Budweiser are teaming up to offer a free confidential ride home and tow for anyone in Florida and several other states who has become intoxicated and cannot drive home from a bar or restaurant.

The service, termed "tow and go," runs from Sept. 3-7, and can be used by calling 800-AAA-HELP (222-4357).

Allstate Insurance Company is reminding boaters to be safe this holiday season, citing that more than 1 million registered boats are expected to be on Florida waters this weekend.

The Florida Fish and Wildlife Conservation Commission reported 657 boating accidents in 2008, with $23,090,756 in damages, the insurance company quoted in a written release this week.

"Boaters need to take their responsibility seriously because they face many of the same risks associated with automobiles, including serious bodily injury and extensive property damage," said Allstate spokesperson Nicholas Halliwell.

Allstate recommends not drinking and boating, paying attention to swimmers and submerged objects, wearing life jackets, following speed limits, being aware of bad weather and using your boat appropriately and in good working condition.

With the increase in boaters over the weekend, the FWC warns residents to watch out for manatees, and to obey manatee speed zones.

So far this year, the FWC reports 73 manatee deaths resulting from watercraft strikes.

The FWC suggests staying in marked channels, wearing polarized sunglasses, scanning the water and using poles, paddles or trolling motors near manatees.

A way boaters can spot manatees is by scanning the water near the front of their watercraft for "swirls resembling a large footprint, a repetitive line of half-moon swirls, a mud trail or a snout or (tail) breaking the water's surface," the FWC said.

Boaters can also help by purchasing specialty manatee license plates, collected funds of which go directly to manatee research and conservation.

Boaters who see a manatee in distress or a dead manatee should call the FWC Wildlife Alert Hotline at 888-404-FWCC (3922).

Motorists can report aggressive driving on the highway or ask for motorist assistance by calling *347.

Additionally, real-time roadway information is available by using the Florida Department of Transportation 511 phone system or by visiting www.FL511.com .

Thursday, September 3, 2009

Island to keep Lee ambulance service; Proposed cut-off table in county budget talks

By CONNOR HOLMES
published in the Gasparilla Gazette 9/3/09

Boca Grande's Lee County ambulance service avoided the chopping block after County Commissioners decided to table the possibility of cutting services in 2010.

County officials were to consider two, five and 10 percent cuts to the Emergency Management Services budget next year. If the County opted for 10 percent cuts, Boca Grande would have potentially lost its ambulance service, making the nearest available ambulance approximately eight miles away.

The consideration was taken off the table after the County decided against the 10 percent model, and after many residents voiced their concerns to County Commissioner Bob Janes about the importance of having an ambulance on the island.

"We got a lot of calls and concerns from citizens," which contributed to the decision to avoid the potential cut, said Janes' executive assistant, Nan Gonzalez. "There are some cuts being made to that department but I think they were able to save all the ambulance services in Lee County."

Island resident Maria Knapp wrote, "Having an ambulance on Boca Grande provides a great service to it's residents. I know budget cuts are a fact of this economy, but our ambulance service should not be one of them. Response time has already been an issue and one that should be addressed before any cuts are made."

Eleanor Durno told Janes, "The ambulance availability is what keeps a vast number of residents on the island. Without it, many will leave and real estate values will plummet."

"It is outrageous to think that Lee County would even consider not having an amubulence stationed on Boca Grande," wrote Harold Wells.

Boca Grande Fire Chief C.W. Blosser said he and his crew were happy with the Commission's decision.

"It's vital to us that that thing stays out there," Blosser said Tuesday. "It's a vital part of our public safety."

Blosser said that without the use of the ambulance, the department would have relied on a paramedic as a first responder, and would have had to awaitoff-island ambulance service.

"Those services are farther out so there would be an extended time for transport," he said.

Blosser said the department appreciates residents' opposition in the proposed cut.

"We're pleased they're interested in the well being and the safety of their community, their neighbors' well being as well as their own," he said. "We still have to be aware, because they may come back next year looking for further cutbacks."

Gonzalez said the County hopes not to have to be faced with a similar dilemma in future budget years.

"Hopefully numbers will improve next year, and we won't have a 23 percent cut to property taxes," she said.

The first of several county budget hearings begin today and the last hearing will be held Sept. 17.

Gasparilla fishing opportunities growing; Sport, industry expanding

By CONNOR HOLMES
published in the Gasparilla Gazette 9/3/09

Though Boca Grande is the tarpon fishing capital of the world, and the 2009 tarpon season is still open but falling into its late stages, the ever-expanding nature and publicity of the sport has anglers reeling in a growing variety of breeds in the surrounding waterways, experts say.

With snook season having opened Tuesday, fishing charters are seeing customers aiming to snag a bite from a variety of fish including snook, redfish, sea trout, snapper and others.

"The emphasis has kind of changed," said Ralph Allen, a charter captain with

King Fisher Fleet in Punta Gorda. "If you came here because of fishing 25 years ago, more than likely you were coming to go tarpon fishing. In the last 20 years or so, the inshore shallow-water fishing for other things has started to get a lot more notoriety, a lot more publicity."

King Fisher Fleet, located at 1200 W. Retta Esplanade, offers cruises and deep sea and back bay fishing trips in the Gulf of Mexico and Charlotte Harbor.

Allen said the tarpon fishery remains a strong in the area, but other fisheries have gained in popularity as well.

"Part of it is the advancement of the sport," Allen said. "The shallow-water
angler has more equipment to make his life easier."

Advancements in shallow draft boats, outboard motors, rods, reels, lines and
even technical clothing represent a bigger change in fishing, he said.

Despite the good fishing, the amount of customers dwindles in the off-season as the children of visitors return to school and the snowbirds won't show up until later in the year.

"It's not very busy, but that's not a reflection of the quality of the fishing,
it's a reflection of the season," Allen said.

Charter Capt. Charlene Brown, who also works with Boca Boats, Cruises, Charters and Rentals, said snapper fishing has been popular among her customers.

Brown lived in the Florida Keys prior to moving to Southwest Florida several years ago.

"The pass has been real productive," Brown said. "Mangrove snapper here has been better than it's been in the Keys, which is unusual. You can easily catch your limit."

With snook officially in season, Brown said the fish is going to be a large target of the fishing community, but snapper remains a favorite to catch and cook for a family dinner.

Also popular are red grouper, barracuda and mackerel, among others, Brown said.

"The fishery is expanding beyond just the tarpon, which is great since it's just for a short season," Brown said. "It can keep us busy throughout the year versus the small window of spring and winter. I'm at least getting out on the water once or twice a week."

Capt. Mark Becton called current fishing opportunities "phenomenal," citing average catches of 100 fish a day.

According to Jennifer Huber, tourism public relations manager for the Charlotte Harbor Visitor & Convention Bureau, those fishing for redfish and snook have generated tourism in surrounding coastal areas.

"It's a variety of fish that folks are interested in," she said. "It's the opportunity for them to get out on the water and try different lures and different techniques."

Charlotte County saw an estimated $320,000 in direct spending as a result of the 2009 Redfish Cup & Festival, which was held April 30 through May 3, according to a release from the Charlotte Harbor Visitor & Convention Bureau. The event has generated $1.4 million in direct spending since it began in 2006.

The Snook Foundation will hold its inaugural Florida Oktoberfest Inshore Slam

Challenge Oct. 23-25 in the Charlotte Harbor and Gulf islands. Cash and other prizes will be awarded to winners of the different categories, including charter and non-charter anglers. Laishley Park Municipal Marina will serve as a base point for the tournament.

For reservations, e-mail Linda@snookfoundation.com. For more information about the Snook Foundation visit: www.snookfoundation.org.

Wednesday, September 2, 2009

Locals line up hoping to avoid license, motor vehicle fee hikes; All go into effect today in Florida

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 9/1/09

Lines wrapped around Lee County Tax Collector offices Monday as customers waited hours to avoid fee increases for driver's license and motor vehicle services, which go into effect today.

Due to the high volume of customers throughout the weekend and Monday, the Department of Highway Safety and Motor Vehicles' Web site, which provides an online payment system, saw intermittent problems and was periodically unavailable, said department spokesman Dave Westberry.

"We've pretty much seen an extraordinary amount of folks trying to reach out to us on Friday, over the weekend and then again (Monday)," he said. "We have worked very, very hard to make sure our customers are served in a timely manner."

Beginning today, various fees associated with driver's licenses, motor vehicle registrations, tags and titles will increase by individual amounts, as per the state budget voted on by Legislature.

A four-door sedan with previous registration fees of $40, for example, will cost $70 under the new system of fees. Customers are being notified via mail of the fees specific to them.

To avoid the fee increases, customers waited hours in the Florida sun and inside various tax collectors offices. Many who tried to pay online could not when the system went offline.

Several weeks ago, the department's online system saw a total of 337,000 hits on one Friday from customers around the state, Westberry said. The hits this past Friday totaled 873,000, a 159 percent increase.

Additionally, as of 2 p.m. Monday, 54 offices around the state saw 15,000 driver's license customers, which Westberry projected as a 100 percent increase by the end of the day.

The system was not prepared for the sudden spike, but IT personnel worked diligently to repair problems as quickly as possible.

Customers who were not served at the lower rates due to system issues were issued vouchers for those amounts until Sept. 10.

"This has been an extraordinary push that really couldn't have been anticipated," Westberry said.

Most of the issues with the online system were not experienced by office workers helping customers, so workers were able to help those could not get online, he said.

Customers still were not happy about the fee increases, nor the wait times.

"I had a car to register, and I'm going on vacation, so I went to get it before the change," said North Fort Myers resident Gary Melvin, who visited the tax collector's office in Merchant's Plaza. "When I got there it was unbelievable. I waited in line at least a half an hour - the line to get a number."

Melvin said the line stopped moving for a period of time and eventually he left, accepting the increased fees rather than waiting for what he imagined might be several hours.

"I think the system was down from the glut of people trying to avoid the harsh tax changes in a post-Bush economy," he said. "I looked around, nobody was moving, everybody looked sick, so I just pushed the door open and left."

Melvin believed residents who are suffering economically stood in the long lines and sometimes sweltering heat out of necessity.

"They have to stand there," he said. "It's too much. It's going to take us a little bit to get out of this mess we've inherited."

Denise Boswell of Cape Coral stood in line at the local office for an hour and had inched her way to the front entrance by 4:30 p.m.

"I don't understand it, it's crazy," she said of the new fees system.

Boswell, who had come to renew her registration, anticipated the long line. Still, she never experienced a wait of the magnitude she encountered Monday.

"Usually you just breeze right in," Boswell said.

Though customers were not happy with the wait, Westberry said most understood resources were overburdened and workers were doing what they could.

"Our customers have been extremely pleased with our efforts to accommodate them," he said. "They understand that that's the exception and not the rule."

Typically, 89 percent of customers are served in 15 minutes or less, Westberry added.

A general manager at the Cape Coral Tax Collector office was unable to comment due to the amount of customers still fluxing into the office late in the afternoon.

A spokesperson for the Lee County Tax Collector office could not be reached for comment.

Westberry praised Lee County Tax Collector Cathy Curtis for her efforts and the efforts of Lee County employees Monday.

"They're just as concerned as we are that those customers get served," he said.

Special assignment; Police officers pose for fund-raising calendar

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 8/29/09

Cape Coral police officers are taking off their shirts to help a member of their family.

It sounds strange, but that's the idea behind a 2010 calendar featuring musclebound male officers in the Cape Coral Police Department, including SWAT and motorcycle patrolmen, set to be released to the public this October.

About 1,000 calendars featuring pictures taken by Nocera Photo-graphic will sell for $10 each, mimicking the fund-raising efforts of previous Cape Coral SWAT Team and Fire Department calendars. The money raised will be donated to the family of motorcycle officer Damien Garcia, who was critically injured in a crash June 2.

Garcia continues his paced recovery in a Miami hospital.

"Damien's trudging along and he's still here with us and he's fighting," said motorcycle officer Ray Schilke III, who posed for the calendar Friday at the Cape Coral Yacht Club. "He's making positive steps every day. I'm hearing that he's moving his fingers, he's counting, he's taking steps.

Schilke said the doctors weren't sure Garcia would make it through the night after he collided with an SUV on Cultural Park Boulevard, but Garcia's recovery has been steadfast.

"We are very confident that he's going to pull through, but it's going to be a very very long process," Schilke said. "He might need a nurse by his side for an extended period of time, constant care, until he can figure things out. He might need to go to a special rehab. We don't know what he's going to need because, fortunately, this is the first time this has happened to anyone in our family. We want to raise as much money as we can. We don't want finances to be the reason he can't get the full potential rehabilitation he deserves."

Schilke considers Garcia his brother.

"He's a motor officer and so am I, and I know that anybody out there would do this for a family member of theirs," he said. "It's no different for us."

Officers have to diet and work out on a strict regimen to prepare for the calendar shoots, Schilke said.

"I'm a very short guy and I've never really been in that great of shape, so this has definitely been a little bit different for me," he said. "I'm in the best shape of my life. For me, I'm very happy with the results I got. I worked really hard, I ate real good and I'm pretty happy with it."

Schilke was in the Army prior to joining the police department, and understands the value of fitness.

"To me, physical fitness is very important to doing your job. On the bike I sweat probably a gallon a day," he said.

Several Cape Coral companies have donated to the project, including Barbara Watts of Century 21 Realty.

"As soon as the name Damien Garcia came up, nobody even batted an eye, they said sign me up, what do you need from us, we're going to help you out," he said. "It makes me proud to serve this city just because even in these hard times everybody stood up to help a member of our city."

Schilke said he felt especially indebted to Watts, who offered to pay for the printing.

"I just want to go find her and give her a huge hug," he said.

Schilke hopes he'll be featured for June. "That's when my wife's birthday is," he said.

Cherilyn Nocera has photographed several officers for the calendar, including Schilke and others at the Yacht Club. Nocera will take a group photograph at the new Cape Coral Police Headquarters Saturday, in memory of Sept. 11. She is donating her time to the calendar shoot.

"They've been dieting for months and months now so it makes it very difficult for them to be comfortable in front of the camera," Nocera said. "They have to hold their muscles tight, they haven't eaten yet this morning or drank any water."

Nocera also shot the calendars for the SWAT Team and Fire Department free of charge, and currently is offering free pet photos for donations of cat and dog food to the Humane Society.

"My business has done so well in this county for the past 20 years," she said. "It's just a feeling of wanting to give back."

After Schilke posed shirtless against his motorcycle, propped on a sidewalk with the palms and Caloosahatchee behind him, he guzzled his Gatorade and looked forward to eating buffalo wings later in the evening.

"It's the only thing on my mind," he said.

Friday, August 28, 2009

Easing off-season woes; More international visitors, Florida day-trippers may boost business on island

By CONNOR HOLMES
published in the Gasparilla Gazette 8/27/09






Island Bike ‘n Beach, located at 333 Park Avenue, remains open during the off-season on Boca Grande. Photo copyright the Gasparilla Gazette.

--------


Business on Gasparilla Island typically slows down from the gallop of the May through July tarpon fishing season to a soft trot in August and September, the height of the off-season. Though a number of businesses stay open year-round, several close up shop during this time, this year being no exception.

However, the area's chamber of commerce hopes to begin attracting more international travelers during the quiet summer months as well as encourage local businesses to remain open, steps Boca Grande Area Chamber of Commerce Director Lynda Lancaster says will take some of the summer strain off the local economy in coming years.

"I can see a small beginning already taking place," Lancaster said. "It will grow exponentially if it's done right."

Business typically picks back up later in the year, but Lancaster sees lowered summertime prices on things like clothes, food and rental properties-prudent economical adjustments for many business owners-as an attraction to visitors.

Many European families, she said, enjoy visiting Boca Grande in the summer, and the chamber hopes to attract more of these families.

Additionally, Florida natives in nearby areas such as Sarasota, Englewood and Fort Myers are "staycationing" on the island, enjoying the tropical atmosphere of Boca Grande as opposed to traveling out of state at an increased cost.

"The economy, even though it seems dire, has been a plus for us this summer," Lancaster said. "People can drive just 20 minutes and they're on an island adventure that feels like a different area of the world. I think we could have a lot of return business."

Boca Grande has a lot to offer the visitor and resident alike, such as fishing, kayaking, local culture and a pristine natural environment. Though Lancaster believes more businesses staying open in the summertime would help the economy by attracting more return visitors, there were a number of businesses which did remain open this year.

"The Pink Elephant (Restaurant) stayed open all summer," Lancaster said.

"They've been very busy. There are still quite a few (businesses) that are open and my hat's off to them for doing that. It's part of what keeps the community alive."

Rita Proffitt manages Island Bike 'n Beach, one of the businesses which remains open year-round. The shop sells clothing and other items, while also renting golf carts and renting and repairing bicycles.

"I've had some kind of regular customers that have started coming in this summer that do know we're open," Proffitt said. "Our summer business is almost like a little tiny mini-season of people from the state of Florida. They're from Lakeland, Orlando, Tampa, Miami. People are starting to find the island. They never even knew this place existed and they love it. I just think it would help everybody if more places were open."

According to Gasparilla Island Bridge Authority Director Jim Cooper, the number of cash-paying visitors to the island as of Aug. 25 by comparison to August of last year is up by 1,000. That number equates to the total number of vehicles that pay cash tolls rather than use bridge transponders, meaning those making infrequent trips to the island or visitors.

July saw 225 additional cash-paying vehicles. However, commercial vehicles crossing the bridge are down by 50 percent this year, and bridge traffic overall from January to July is down by 1.8 percent.

"If you consider what the economy's been like, that's not too significant," Cooper said. "It's not as big an impact as a lot of people had thought. I think part of that has to do with the fact the weather's been good here, the fishing's been good, there's no red tide, and the beaches are nice."

Police: UPS driver’s wife also sold stolen goods; Neighbors report seeing garage sales

By CONNOR HOLMES
published by the Cape Coral Daily Breeze 8/27/09

The wife of a Cape Coral UPS driver, arrested earlier this month for reportedly stealing thousands of dollars worth of delivery items, was arrested on a related charge Wednesday.

Cheryl A. Podleski, 48, wife of Craig Podleski, was charged with dealing in stolen property after an investigation by the Cape Coral Police Department revealed her alleged involvement in the thefts.

Craig Podleski swiped various items he was supposed to deliver, then kept them or sold them from his home over the past two years, police reported.

Craig Podleski was charged with two counts of larceny theft $300 or more but less than $5,000 and one count each of grand larceny over $100,000, larceny from a shipment of cargo $50,000 or more and organized dealing in stolen property.

He remains in the Lee County Jail in lieu of bond, records indicate.

Some of the items taken include various firearms, a Cape police badge, electronics, clothing and a marble-topped kitchen island.

According to police, Cheryl Podleski helped her husband sell the stolen items on Internet sites and at garage sales.

Neighbors told police that they had seen Cheryl Podleski running various garage sales from her home during the weekends.

She has been released from the Lee County Jail on $2,500 bond.

Three accused of drug trafficking; Two facing fed indictment

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 8/27/09

A traffic stop by Lee County deputies and a subsequent police investigation lead to the discovery of more than 1 kilogram of cocaine and tens of thousands of dollars in cash, as well as the arrests of three people on drug trafficking charges, officials said Thursday.

Kristy Pastore, 27, James Derisma, 33, and Anthony Lane, 21, have each been charged with trafficking cocaine as a result of an investigation by the Lee County Sheriff's Office Narcotics Unit.

According to sheriff's officials, Pastore and Derisma were pulled over in North Fort Myers because their vehicle did not have working tail lights July 29. Deputies searched the vehicle and found more than 1 kilogram of cocaine, valued at approximately $30,000.

On Aug. 7 during a related investigation, detectives reportedly discovered Derisma had been using Acorn Storage, located at 337 Pine Island Road, to store cash and drugs. Detectives found 1 1/2 kilograms of cocaine and about $33,000 in cash during a search of the unit and Derisma's car.

Derisma was arrested and placed into federal custody.

Investigators were later conducting surveillance when they witnessed Pastore and Lane transporting about one-quarter kilogram of crack cocaine from Derisma's North Fort Myers home.

Pastore and Derisma have been federally indicted for trafficking cocaine, while Lane has been charged by the state with trafficking less than 150 kilograms of cocaine.

CERT offers Cape residents free emergency preparedness courses, volunteer opportunities

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 8/22/09

Hurricanes, tornadoes, fires, floods, terrorist attacks.

These are real things that Americans have experienced in the last decade whether nationally or on a local level.

That is why the city of Cape Coral offers residents the opportunity to learn to be prepared for these types of emergencies and others through their Community Emergency Response Team program.

The local CERT program will offer its last 8-week program of the year beginning Aug. 26 from 6:30 p.m. to about 9:30 p.m. The class is free to residents and city employees and runs once a week on Wednesday evenings.

“Now that we’re in hurricane season and the storms are starting, this would be the good time for everyone to refamiliarize themselves with disaster preparedness,” said Cape Coral Emergency Management Coordinator Mindy Blasetti. “But it’s not just a hurricane safety class, it’s for all kinds of disasters. It could be fire, tornadoes, floods. We’ve had them and we could have them again.”

After completing certification through the program, CERT members have the opportunity to volunteer for hurricane shelters, to do field work for FEMA points of distribution and to work for the Emergency Operations Center by attending events and promoting the program.

The CERT program, which began in Cape Coral in 1997, has seen about 500 people attend the program and currently has about 120 volunteers.

Though volunteering is 100 percent optional, CERT volunteers do important jobs that help emergency officials, Blasetti said.

For instance, volunteers in hurricane shelters help emergency workers from becoming overtaxed.

“It’s a great help because they’re there working in the shelters, so the fire department can be doing other things like helping people on the streets,” Blasetti said.

A large range of topics are covered in the program, including fire suppression, first aid, search and rescue, dealing with hazardous materials and others.

Betty Dill, a 30-year Cape Coral resident, completed the CERT program last fall and is a volunteer for the program.

“It makes you more capable of helping yourself and helping your neighbors out too, in case of an emergency,” Dill said. “It’s lots of fun. You get to know a lot of different people and learn a bunch of things that you didn’t get to learn when you were younger. I think everybody should take it, and see if they can’t help out their neighbors. That’s what it’s all about.”

Dill said learning about the inner workings of the fire department, the hurricane preparedness course and CPR course, offered after the completion of the program, were memorable to her.

“Frankly I’d like to see the whole city join into it,” she said.

Gail Bryant is also a certified member of CERT and a trained volunteer.

“I could not recommend it more,” Bryant said. “The staff was outstanding and they were able to answer any questions anyone had. It’s something I would love to see more people participate in.”

Bryant said her classmates ranged in age from about 19 to 70 or older.

She said not only do you learn how to react to a large-scale disaster from the program, but you receive hands-on training for small household tasks such as how to operate a fire extinguisher.

“It instills more confidence that you would actually know what to do in an emergency,” Bryant said.

Bryant learned anything from what to do if a car drives into a canal to how to handle suspicious packages containing hazardous substances.

“I was impressed with the wide scope of things that they taught us,” she said.

Bryant, an Indiana native, has shared her knowledge with co-workers and family members.

Classes take place at the Cape Coral Emergency Operations CEnter, located at 1115 S.E. 9th Ave. To join contact Blasetti at 242-3603 or email her at mblasetti@capecoral.net.

Wednesday, August 26, 2009

Oasis High set to open its doors today; 500 students expected at newest Cape charter school

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 8/24/09

A massive shark looms over the entrance to the newly built Oasis Charter High School in southwest Cape Coral, teeth poised to bite, eyes focused.

The shark, the school's new mascot, seems to reflect the enthusiasm school and city officials took toward getting the school up and running today as 500 new students stroll past the aggressive fish and into the 50,000-square-foot, two-story building.

Also aggressive about the project was McGarvey Develop-ment Company, which built the school in 110 days, at a cost of approximately $7.9 million.

During a dedication and ribbon-cutting ceremony Saturday, Cape Coral Charter Schools Administrator Dr. Lee Bush and various city officials spoke of the school, which they boasted as a great accomplishment.

"Children are the living messages that we send through our work into a time that we will never see," Bush said. "Part of this work in our last phase here has involved the building of this building. This was built with the sweat of many men and women, contractors and design and engineers. This does not complete the vision. We have more students waiting to come into our system than we have spaces now."

Prior to Oasis High's construction, the Cape Coral charter school system's highest grade level was 10. The new school will house students in grades eight through 12 until enrollment is higher for the typical high school grades.

The building can hold 700 students.

"It's just a tremendous story of how innovation can make savings, how volunteers can make things happen," said Mayor Jim Burch. "There's no secret why this charter system works. It's the people, the staff, the volunteers, the boards, everybody that makes it go."

City Manager Terry Stewart equated the newest addition to the charter school system to giving birth to triplets over a 7 1/2-year period - the time span over which the charter system has evolved.

"I think every step along the way, these schools have had significant challenges," Stewart said. "But at every point the people, the organization, the city, which I am extremely proud of, has managed to step forward and overcome those obstacles."

Project Superintendent Kurt Mauer, McGarvey Project Manager Ann Cemer and City Project Manager Mark Ridenour were recognized for their efforts during the ceremony.

Oasis Middle School Principal Chris Terrill is now the principal for Oasis High School, housed with various state-of-the-art technologies such as smart boards, projectors and document cameras.

The school boasts new programs, including culinary arts, graphic design and a college science program.

Oasis High School offers a college-level degree program called AICE, which allows students to earn college credits.

To learn more, residents can visit the school's Web site at c2cschools.com/oasissharks or see its Twitter page at twitter.com/oasissharks.

Residents get a ‘taste’ of what area has to offer; Over 5,000 sample local fare during annual event

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 8/24/09

Cape residents experienced the wide palette of restaurants their city has to offer Saturday as BJ's Wholesale Club held its second annual "Taste of the Town" event.

The event, held at 1929 N.E. Pine Island Road, offered free samples of food and drink from various restaurants as well as face painting and arts and crafts activities for families. The same event, at the same time, took place at the BJ's Wholesale Club in Fort Myers.

The Cape Coral store's general manager, Cindy Newmaster, estimated over 5,000 attended the event throughout the late morning and early afternoon Saturday. That number far exceeds the estimate of last year's event, which saw about 1,500 attendees.

"We had a fantastic turnout for all of the people in Cape Coral," Newmaster said. "We were able to promote over 27 area businesses for Cape Coral so that the people that were coming in today could taste their food and then potentially become patrons of theirs, which will actually help the economy of Cape Coral also, and to keep people in the Cape. That's really what we were looking for today."

Newmaster said not only could people enjoy free food and learn of the restaurants in the area, but some have become members of the store as a result of the event.

"We get a lot of people that have never been to BJ's before, that now get the opportunity to come into the store, go through the club and see some of the things that they would like to purchase," she said.

Ed Stathas, who owns Simply Sweets Treats with his wife, Marilyn, offered patrons various types of candies to sample from the North Fort Myers candy and ice cream shop.

Stathas' store is located in the Merchant's Crossing shopping plaza at the northwest corner of Pine Island Road and U.S. 41, and offers 160 bins of various candies.

"The event helps our business because we're local, and it looks like it helps all the other surrounding area merchants that are here, too," Stathas said. "We're finding out a lot of new customers have been to the shopping center but didn't even know we existed until today. It's great exposure."

More information about the shop can be found online at www.simplysweettreatsswfl.com.

A new local cafe, Ooo-la-latte Cafe, featured unsweetened ice coffee, homemade carrot cake and chocolate cake with cream cheese icing during Saturday's event.

The cafe, located at 1408 N.E. Pine Island Road, Unit 1E, offers a different flavored unsweetened coffee each day, along with a variety of other healthy foods and drinks such as salads, wraps, paninis, juices and smoothies.

Coffee is brewed in Cape Coral and a variety of the other items available at the cafe are made locally.

"We're all about supporting local people," said Dianna Scarano, who is part owner of Ooo-la-latte with Kevin Bisner.

Scarano, also owner of Scaranos Dat's Italian restaurant, said the event gave residents an opportunity to try new things they might have otherwise never known existed.

"It gets people to actually taste things that they probably are afraid to taste, to go out and try new places," she said. "Especially now with the economy being the way it is, people are afraid to go out and try something new. This gives us an opportunity to show the public what we have."

Friday, August 21, 2009

Food delivery driver reportedly robbed at gunpoint by two men

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 8/21/09

A Chinese food delivery driver told Cape Coral police that she was robbed at gunpoint during the delivery of a food order Wednesday evening.

The victim told officers that she was delivering an order from Haus Garden Chinese to a home in the 100 block of Southeast Seventh Place when a man holding a rifle and an unarmed man robbed her of her cell phone and cash, valued at $228.

The robbery reportedly occurred at about 8:50 p.m.

The victim told officers that the men, who wore black clothing and black bandannas over their faces, took $18 cash, $10 in loose change and her Samsung cell phone.

The armed man stated, "I know you have the money, give me the (expletive) money," the victim reported.

The two men then fled the area on foot, heading west on Southeast First Street, reports state.

Police dusted for latent fingerprints and lifted one print from the victim's vehicle, which was submitted to Cape Coral Police Department forensics.

Officers canvassed the area but did not find or arrest any suspects as a result of their search.

The incident remains under investigation.

Charges pending in fatal rollover as CCPD continues with investigation

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 8/21/09

Police continue to investigate an alleged drunk driving crash which took the life of Shawn M. Hough, 27, Wednesday evening.

Hough was killed in a fatal rollover that occurred along Santa Barbara Boulevard at about 10:52 p.m. According to police, Hough was a passenger in a 1999 Dodge Avenger from which he was ejected and pinned beneath, causing him fatal injuries.

Hough was taken to Lee Memorial Hospital, where he was pronounced dead at 1:10 a.m. Thursday.

The driver, Andrew Worner Curl, 26, had a blood alcohol level of .257 when the crash happened, more than three times the legal limit to drive in Florida.

Curl received minor injuries in the crash.

Charges are pending against Curl, police said Thursday.

Curl has previously been charged by police in Lee County, beginning in 2001 with domestic battery, robbery, violating open container liquor laws, battery and driving with a suspended license.

Court records indicate domestic battery charges were dropped in 2002, though Curl was also convicted of robbery the same year.

According to police, Curl was driving northbound on Santa Barbara Boulevard when he lost control of his vehicle. The car spun counterclockwise onto the property of 1236 Santa Barbara Blvd., where it ejected and rolled over Hough, who was not wearing a seat belt.

Hough is the fifth traffic fatality in Cape Coral this year.

Thursday, August 20, 2009

Mother of hit and run victim asks for public’s help to find van driver; Investigation is continuing

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 8/20/09

Ryan Garrett likes to ride his bike to his girlfriend's house.

The 15-year-old Mariner High School student has made the same trip countless times. He takes El Dorado Boulevard to Tropicana Parkway, heads west. There are no sidewalks along the way.

According to an accident report, Garrett rode on the north shoulder of the outside westbound lane of Tropicana when he made that trip Tuesday at about 10:18 a.m.

He never made it to his destination, said Garrett's mother, Jill Kempa.

"He was riding his bike and somebody hit him from behind," she said Wednesday. "The passenger side mirror hit the back of his head and he flipped forward. He has road rash all over the front of him."

Garrett also suffered a serious bump on the back of his head, which ultimately had to be stapled at the hospital.

He was not wearing a helmet at the time.

The driver, who Garrett says hit him in a white work van, took off.

Someone had called 911 for her son, Kempa said, but the caller was not at the accident scene when police and emergency workers arrived.

When Kempa arrived on scene, she saw the various emergency vehicles and feared the worst.

"My first initial response was my son and making sure that he was OK and taking care of him," she said. "It's overwhelming. You don't know what's happening. All you see is a bunch of blood."

Garrett will recover from his injuries, but Kempa's fears let way to anger when she realized Garrett was the victim of a hit and run.

"I can't imagine leaving a child on the side of the road bleeding, like he was," she said.

Garrett told police that he was struck by a white work van with a red ladder attached to the roof. He described the van as a late 1990s or early 2000s model Ford or Chevy with a silver or gray grill.

He was unable to provide a description of the driver.

Kempa, who lives along Diplomat Parkway with her husband and three children, ages 17 months and 4 and 15 years old, hopes the public will help police find the driver or that the driver will turn himself or herself in.

If there is a lesson mothers should learn from all this, Kempa said it is to make sure their children wear a helmet while riding their bicycles.

Police are actively searching for the driver who struck Garrett, and are asking anyone with information about the accident to contact the Cape Coral Police Department at 574-3223 or Crime Stoppers at (800) 780-8477 (TIPS).

‘Cash Feenz’ receives 40 years for guilty plea; Defendant must give testimony

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 8/20/09




1.) Alleged “Cash Feenz” double murder defendant Paul Nunes pleads guilty Wednesday in the 2006 slayings of Alexis and Jeffrey Sosa in a Lee
County courtroom. Photo copyright the Cape Coral Breeze.


-------

Alleged "Cash Feenz" defendant Paul Nunes changed his plea Wednesday to guilty in the 2006 Cape Coral double murder of Jeffrey and Alexis Sosa, less than a week before co-defendant Kemar Johnston is scheduled to begin trial in Lee County.

The 21-year-old, on reduced charges of two counts each of second-degree murder, kidnapping and aggravated battery and one count of arson, will be sentenced to 40 years in prison pending his truthful testimony in the upcoming trials of co-defendants Johnston and Kenneth Lopez.

If gone to trial and found guilty, Nunes faced death.

"Obviously it's difficult to have that call made, but it's the decision that's in his best interest and he's going to do the best he can now," said Nunes' attorney, David Peckins of Miami. "We discussed it with him and he felt it was in his best interest to avoid going to trial and possibly getting the death penalty."

Both Nunes' mother and a younger female family member shared long, tearful hugs with Nunes following his guilty plea.

Family members declined to comment on Nunes' decision Wednesday.

"He's been in custody three years and I don't think he's had a chance to hug his mom in that time," Peckins said. "It meant a lot to him."

Peckins said Nunes is prepared to testify truthfully about the night the Sosas were killed in upcoming trials, as per a plea agreement with the state forged days earlier.

"Your right to a trial and your right to an appeal ends here today," presiding Lee Circuit Judge Thomas Reese told Nunes during Wednesday morning's hearing. "But with 40 years, there is a light at the end of the tunnel."

Reese insisted several times that Nunes be sure he wished to plead guilty. If Nunes does not comply with the state on the terms of the agreement, he can be sentenced from 50 years up to four consecutive life sentences plus 45 years in prison.

A similar agreement was struck between the state and co-defendant Alexis Fernandez for 26 years in prison in exchange for a guilty plea and his testimony, days before the trial of co-defendant Roderick Washington in May.

Nunes is one of 10 defendants charged in the incident, during which the Sosas were tied and tortured at Johnston's home, then taken to a north Cape industrial site where they were shot and Alexis was burned in the trunk of a car. He is one of six to plead guilty.

Two others, Ashley Toye and Washington, have gone to trial and been found guilty. Both have been sentenced to serve life in prison.

When asked again how he would plead, Nunes told Reese, "I plead guilty."

Nunes' sentencing has been set for Nov. 16.

Tuesday, August 18, 2009

Governor visits tornado victims in north Cape with city officials

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 8/18/09

Florida Gov. Charlie Crist made an unexpected visit Monday to victims of an unexpected tornado, which passed through a north Cape Coral neighborhood Sunday evening.

The tornado caused various damages to 23 homes in the northwest Cape, some of those along Northwest Third Avenue, where a car had been flipped upright against the side of a home when the storm passed through at about 4:42 p.m.

Crist, along with Cape Coral Mayor Jim Burch, City Manager Terry Stewart, Councilmember Tim Day and Fire Chief Bill Van Helden, among others, visited several of the homes on Northwest Third Avenue Monday afternoon.

"This thing came out of nowhere," Crist said of tropical storm Claudette, which is said to have influenced the tornadic nature of Sunday evening's storm.

"We are definitely in the season. We need to be prepared, we need to be careful, and we need to be ready because there's a couple more storms in the Atlantic. As we learned this past weekend, in a 24-hour period all of a sudden we have a tropical storm in our backyard," he said. "I feel sorry for the people that have to deal with this kind of damage. It's incredible, thank God, that there was no loss of life."

The city of Cape Coral estimates damages to 11 of the most badly damaged homes at approximately $103,000.

Crist walked across the driveways of homes with freshly laid tarps patching their roofs, boarded up windows that had shattered and bent trees

"I kept telling my dad I saw a tornado," Michael Reis, 12, told Crist as they spoke in Reis' front yard.

"I was kind of surprised," Michael's father, Carlos Reis, said of Crist knocking on his door. "I think it's a good thing, but obviously that was kind of a surprise for everybody, a tornado in Florida."

"I think it's good that he's checking things out," said resident Robert Binder of Crist's visit.

Binder's home received roof, well and window damage from the storm. Binder said he would fix the well system himself, and would assess other damages in the days to come.

Burch said he was also thankful for Crist's visit.

"It's always good to have the state level leaders come down and be involved in our affairs," he said. "We certainly have to thank him."

The city does not anticipate state aid regarding damage from the weather event, Burch said.

"If the governor thinks there's something he can do, certainly we'll be all ears," he said.

Another tornado in recent memory passed through south Cape Coral June 13, 2008, damaging several homes along Pelican Boulevard and Gleason Parkway. There were no reported injuries or deaths as a result of that storm.

According to a report by Associated Press writer Melissa Nelson, tropical storm Claudette made landfall near Fort Walton Beach Monday morning with maximum sustained winds at about 50 miles per hour.

The storm, Nelson reported, was expected to bring in 3 to 6 inches of rain with "isolated areas getting up to 10 inches along the Panhandle, the Big Bend region, central and southern Alabama and southwestern Georgia ... "

The storm is expected to weaken as it travels into southern Alabama, the report states.

"We have to prepare for the worst and hope for the best," Crist said Monday of the remainder of hurricane season.

Monday, August 17, 2009

Tornado damages 23 homes; Car overturned; lightning fires reported after storm passes through

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 8/14/09












1.) View of a funnel cloud from Northeast 1st Street. Picture courtesy of John and Janice Holmes.

2.)Robert Binder and his friend Robert Smith repair Binder’s roof after a tornado hit their neighborhood Sunday afternoon. Picture copyright the Cape Coral Daily Breeze.



-------


Cape Coral residents expect nasty weather during the summer months. They expect rain, lightning and thunder. Hurricanes are a staple here.

However, the Hill and Binder families, who live along Northwest 3rd Avenue, were not expecting a tornado to meander down their street and narrowly spare their lives - though that is what they got.

Jessica Hill's Honda Civic had smashed against the side of her home at 1813 N.W. 3rd Avenue. Diana Binder's roof was damaged, windows blown out, random objects scattered in her yard and sucked from her home to other yards.

These are the images of the aftermath of a tornado that passed through north Cape Coral Sunday at about 4:42 p.m.

"It hit the back of the car and flipped it onto its front end, onto the house," said Hill's husband, Steven, relaying the story his wife had told him. Steven was not home when the tornado hit, but noted the car had somehow flipped over a truck parked beside it, which remained undamaged.

Steven and Jessica live with their two children, 3 years and 3 months old.

The Hills also had some roof and landscape damage, though Steven said he was grateful no one was harmed.

"Everything can be fixed, everyone's OK," he said. "We're definitely good with that."

A few houses down from the Hills, Robert Binder and friend Robert Smith placed a tarp over their roof where the storm had caused damage. Plywood had quickly been placed over shattered windows after the weather cleared.

"I heard the noises," said Diana Binder, Robert's wife. "The famous freight train noise. I told my kids to get in the safe room that we have, and our front window blew in. It actually sucked a toy off the windowsill."

Diana said her husband and Smith attempted to close the garage door as the storm sucked items from inside the garage area, and even witnessed the Hills' car become airborne, but the power went out before they were able to pull the door down.

Diana, Robert and their four children also had damage to their well and gutters, and among the items in their back yard was a camper top, but they are also thankful for their lives.

"Everything's fine," Diana said. "We'll get it fixed."

Amazingly, the Binders rode out Hurricane Charley in their home with no damage.

The tornado ravaged their neighborhood only three days after the 5-year anniversary of the category-4 storm.

"This is the only time we've actually had damage to our home," Diana said.

According to city spokesperson Connie Barron, the tornado touched down near Northwest 18th Terrace and Northwest 3rd Avenue, damaging 23 homes and overturning a vehicle. Additionally, at least three structure fires were reported as a result of lightning strikes, all within a 30-minute period during the storm. The fire damage to the homes was minor to moderate.

Barron said the city was initially unable to receive mutual aid from other departments because of the severe weather issues in various nearby areas.

The tornadic activity was a result of a moist tropical southeasterly flow from the wake of tropical storm Claudette, currently located near the panhandle, mixing with daytime heating, according to Accuweather.com Senior Meteorologist Bob Smerbeck.

"When you get near a tropical storm, it puts a little bit of extra spin in the atmosphere," Smerbeck said.

The rotating clouds increase the possibility of forming tornadoes, he said.

A tornado warning was lifted at 5:15 p.m. for parts of northwestern Lee and southwestern Charlotte counties.

As Cape Coral takes a reprieve from tornadoes, tropical depression Ana and tropical storm Bill are churning their way through the Atlantic.

However, it seems unlikely either storm will make landfall in the sunshine state, Smerbeck said.

Ana, which has been strengthening and weakening and most recently was downgraded to a tropical depression, could have been a survivor," Smerbeck said. "There's still some chance it will come back to life."

However, "We're pretty confident it's going to pass south of Florida," he said.

As for Bill, "Bill's going to be a big hurricane," Smerbeck said. "It has all the signs of a strong developing cyclone."

At this point forecasters believe Bill will travel west by northwest and will strike somewhere along the Carolina coast mid to late next weekend, though the travel paths of hurricanes are often difficult to predict with exactitude, Smerbeck said.

"Once these hurricanes get established, sometimes they can alter the environment ahead of them," he said.

Donation fund in works after girl’s death in accident; FHP still investigating

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 8/14/09

In the wake of a highway accident which ended the life of a 12-year-old Cape Coral girl, attempts are being made to open a donation fund on the family's behalf.

Amarilis Cardona was ejected from the third row seat of an SUV that had collided with a guardrail on a northbound Interstate 75 overpass Tuesday morning.

Amarilis, who was not wearing a seat belt, landed on U.S. 301 below the overpass when the accident occurred at about 8 a.m. in Manatee County, reports state.

She was later pronounced dead at Bayfront Medical Center.

A donation fund on behalf of Amarilis' family may soon be set up at a local bank, though no arrangements have been finalized, according to a family friend.

Reports indicate that driver Daniel Garcia, 29, and three other passengers, ages 7, 22 and 28, wore seat belts during the accident.

Two of the passengers were treated for minor injuries at Bayfront Medical Center.

The accident reportedly occurred when the tread of the SUV's left rear tire separated, causing the vehicle to rotate clockwise across several lanes and onto a paved shoulder.

Florida Highway Patrol spokesperson Lt. Chris Miller said Thursday that the incident remains under investigation as troopers attempt to determine if charges will be filed as a result of the accident.

Miller said he could not comment on the specific nature of the possible charges as the investigation is ongoing.

Charges piling up for delivery driver accused of stealing; UPS pressing charges

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 8/14/09

What do assault rifles, a marble-topped kitchen island, a Cape Coral police badge and a framed picture of an Ewok from the popular "Star Wars" film franchise have in common?

According to police: Craig Podleski.

Podleski, 38, a local UPS delivery driver who resides in the Cape, has thus far been charged with two counts of larceny theft $300 or more but less than $5,000 and one count each of grand larceny over $100,000, larceny from a shipment of cargo $50,000 or more, and organized dealing in stolen property.

Podleski was charged Tuesday after allegedly swiping thousands of dollars worth of packages from his delivery job and selling the packaged items online.

He was held in the Lee County Jail Thursday evening on a combined $100,000 bond, jail booking records indicate.

Among the items Podleski stole were 26 guns, including pistols, rifles, assault weapons and a blowgun. He also stole four bulletproof vests, a Cape police badge and various items of jewelry, clothing and electronics, among other things, police said Thursday.

Detectives found the stolen items in Podleski's home after a loss prevention associate reported that a Sony PlayStation 3 video game system had not been delivered by Podleski on schedule, and that Podleski had not delivered a list of other items over the past two years, reports state.

UPS indicated that it would like to press charges against Podleski as a result of the discovered stolen items.

According to reports, Podleski's wife told police that her husband had brought packaged delivery boxes into their home and sold several of the items online.

Podleski was taken into custody and transported to the Lee County Jail in apparent good health, officers reported.

Additional grand theft charges are pending, police said.

Thursday, August 13, 2009

Man reports robbery with knife at park

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 8/13/09

A 20-year-old Cape Coral man told police that he was robbed at knife point while jogging at a park.

The man, a Florida A&M student, said he was at Koza Saladino Park at 301 S.W. 30th Terrace when a Hispanic male grabbed him from behind and robbed him with a knife.

The incident reportedly occurred at 10:10 a.m. Monday.

The victim was told to hand over his gold chain and mp3 player, valued at $650. He was then told to lie down and not look at the suspect, reports state.

The suspect fled the area in a black Jeep Cherokee, the victim told police.

Police canvassed the area but were unsuccessful in locating a suspect. Officials said Tuesday afternoon that no arrests had been made.

A Cape Coral detective continues to investigate the incident.

Tuesday, August 11, 2009

North Fort Myers teacher faces third molestation charge; Police: Another victim in class says ‘touched’

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 8/11/09

A North Fort Myers teacher, accused in July of sex crimes against two second-grade females, has been accused of committing similar acts against a third victim from his classroom.

David Ashley McNabb, 51, of 11982 Glen Ave., Fort Myers, faces three counts of molestation of a victim under 12 years old. He also faces one count of sexual battery against a victim under 12 years old, a capital felony, according to records from the Lee County Clerk of Courts.

McNabb has been suspended from teaching at Tropic Isles Elementary in North Fort Myers pending the outcome of his legal case as well as a separate investigation by the Lee County School District.

In addition, he was ordered earlier this month not to leave Lee County, to stay away from public schools and day cares and not to have contact with anyone under the age of 18, court records indicate.

McNabb pleaded not guilty to the July charges, which stemmed from an investigation by the Lee County Sheriff's Office after two young girls from McNabb's class accused him of touching them inappropriately in the classroom.

A third victim said Thursday during an interview with Children's Advocacy Center workers that she had been touched by McNabb between December and June on several occasions.

McNabb had been released from the Lee County Jail on $135,000 bond from the July charges when he was arrested Friday. He was rereleased on $30,000 bond Saturday afternoon.

McNabb will be arraigned on the charges Monday before Judge Ramiro Manalich.

Monday, August 10, 2009

Shearod jury rejects murder, robbery charges; Finds Cape Coral man guilty of armed burglary

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 8/8/09

Damion Shearod is not guilty of felony murder in the shooting death of his friend, John Patrick Moore Jr., 21, during a 2007 botched robbery attempt.

The 22-year-old is not guilty of attempted armed robbery with a firearm.

He is guilty, according to a four-man, two-woman Lee County jury, of armed burglary of a dwelling.

State attorneys spent the better part of a week attempting to convince jurors that on May 16, Cape Coral resident Jacob Seckler shot and killed Moore with Moore's revolver as he and Shearod attempted to rob Seckler at gunpoint.

Shearod, they argued, was responsible for Moore's death because he was a principal to an attempted robbery on Seckler and his wife, Elizabeth Kachnic, at their home.

"For better or for worse, (Moore) got his justice," Assistant State Attorney David Maijala said during his closing arguments Friday. "Today I ask that you give Jacob Seckler his justice. Convict Damion Shearod on all counts."

However, after almost three hours behind closed doors Friday evening, the six jurors reached a unanimous verdict indicating Shearod was not criminally responsible for Moore's death.

"Obviously that wasn't the outcome we were hoping for, but burglary while armed is a serious offense and we were glad to get a conviction on that," Maijala said following the trial's conclusion.

Maijala said he wasn't sure what factors may have contributed to the jury's decision, nor would the jury members comment on the decision as they left Lee Circuit Judge Mark Steinbeck's courtroom late Friday evening.

"If I could read jurors' minds I would win every case," Maijala said.

Shearod's defense attorney, Maria Pace, declined comment Friday.

"One young man has lost his life because of this incident," Pace said during closing arguments. "Myself and Mr. Shearod ask you to go back to the evidence, the conflicts in the state's case, the lack of evidence in the state's case, and return a verdict of not guilty, and give back Mr. Shearod's life."

Shearod took the stand in his own defense Friday, telling his version of the events leading to Moore's death.

Shearod rode with Moore and Moore's girlfriend, Jazzmyne Carrol-Love, from Fort Myers to Seckler's Cape Coral home when told Moore needed to "pick something up," Shearod testified.

Shearod, Moore and Carrol-Love passed Seckler's home, circled the block then returned as Seckler mowed his lawn, Shearod said. Shearod testified that he and Moore got out of the car and Moore brandished a revolver, leading to a struggle between Moore and Seckler over the gun.

Shearod said he shoved Seckler and fled, at which point shots were fired.

"I didn't really know what was going on, I was just scared," Shearod said. "I took off running, because I didn't want to get shot."

Carrol-Love, who was detained by police after fleeing the scene in Shearod's car, was initially charged in the incident. According to court documents, the state did not file charges against Carrol-Love because of insufficient evidence.

Shearod and Moore had never discussed a robbery, and Shearod often gave his friend rides so he thought nothing of the trip to Cape Coral, he told jurors.

"I didn't know where we were going, I just gave him the keys," Shearod testified.

Kachnic also testified Friday, and was called by the defense as a hostile witness for purposes of questioning.

The legal definition of a hostile witness suggests that he or she is considered aggressive or adversarial to the party calling the witness to testify. The ruling allows attorneys to ask leading questions on direct examination, a line of questioning normally only allowed during cross examination.

According to testimony, Kachnic and Seckler both believed an acquaintance of Kachnic's named Carroll Cody was behind the incident leading to Moore's death.

Kachnic, who said Cody cleaned her home, said Cody admitted to stealing a watch valued at $5,000-6,000.

Cody has not been accused as a suspect or charged in the incident.

Neither Kachnic nor Seckler could immediately be reached by telephone Friday evening.

Kachnic was inside her home when Moore and Shearod approached Seckler in the home's front entryway, she said.

"I heard Jacob scream," Kachnic said. "He asked me to call 911."

Friday marks the second time Shearod has faced, but not been convicted of, murder charges.

A jury found Shearod guilty of second-degree murder in the 2005 shooting death of 18-year-old Giannis V. Avrampopulos in Lehigh Acres. He was sentenced to 30 years in prison, however the charge was later dropped, according to court records.

Shearod will be sentenced Oct. 5.

Friday, August 7, 2009

Defendant says he knew nothing about robbery; Police interviews played for jury

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 8/7/09

Jurors listened to audio Thursday of Damion Shearod telling police his version of events leading up to the fatal shooting of his friend during a botched robbery attempt.

An eight-person jury must decide if Shearod, 22, is guilty in connection to the incident that ended with the death of 21-year-old John Patrick Moore Jr., reportedly as the two attempted to rob Cape Coral resident Jacob Seckler at his home May 16, 2007.

Moore was killed when Seckler gained control of Moore's revolver and shot him, and Shearod has been charged as a principal in the death.

He faces the charges of second-degree murder with a firearm, attempted armed robbery with a firearm and armed burglary.

"I just don't want you guys to think I had anything to do with this," jurors heard Shearod tell officers in the recorded interview.

Shearod maintained that he knew nothing of the robbery or of Moore's .357-caliber Magnum Smith and Wesson revolver until Moore pointed it at Seckler.

Moore called him and asked that the two go to Cape Coral with Moore's girlfriend, Jazzmyne Carrol-Love, so Moore could run an errand, Shearod told police.

He said they talked about girls, not a robbery, as they waited for Carrol-Love to arrive at Moore's apartment so the three could leave together.

When the group drove past Seckler's home a second time, Shearod noticed but said he thought nothing sinister of it.

Even as Moore exited the vehicle to approach Seckler in his yard, Shearod said he thought Moore was only picking something up from the residence.

"(Moore) said (to Shearod), 'You better come up there with me,'" Shearod said.

"(Moore) pulls his gun out, says 'Lay down' (to Seckler). I won't ever forget that look. (Seckler) gave us a look like, 'Who are you guys?'"

Shearod said Seckler refused to lay down and a confrontation between Seckler and Moore occurred at the front door, at which point Moore's gun dropped to the ground.

As Moore and Seckler struggled for the gun, Shearod fled, he said.

"I heard three to four shots, and when I looked back I saw my car drive off. I thought (Moore) grabbed the gun and shot (Seckler), so I got scared," Shearod told the officers. "I thought, 'They're going to pin this on me.'"

According to testimony by Deputy Chief Medical Examiner Robert Pfalzgraf, one of the shots fired by Seckler hit Moore in the left side of his back. The bullet severed his pulmonary veins and aortic artery, causing him to bleed to death in Seckler's front yard.

The state rested its case Thursday against Shearod, and the defense will call its first witness at 9:15 a.m. today.

The defense anticipates Shearod will take the stand in his own defense, and council may call one additional witness.

The state may present a rebuttal, then attorneys will give their closing arguments. After the judge's instructions on the law, the jury will begin deliberations.

Thursday, August 6, 2009

Murder trial opens for man in fatal foiled robbery; Victim and eyewitnesses take stand

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 8/6/09

The trial of a Fort Myers man charged as a principal in the shooting death of another during a botched armed robbery began Wednesday.

The robbery victim and eyewitnesses testified against Damion Shearod, 22, in connection to the May 16, 2007, incident.

Shearod is charged with second-degree murder with a firearm, attempted armed robbery with a firearm and armed burglary.

According to witness testimony, Shearod and 21-year-old John Patrick Moore Jr., armed with a revolver, attempted to rob Jacob Seckler at his Cape Coral home at 2125 N.E. First Ave.

Jazzmyne R. Carrol-Love, Moore's girlfriend, waited nearby in Shearod's car.

Seckler was mowing his lawn when Shearod and Moore confronted him with the gun, Seckler told the six-man, two-woman jury.

"I did what people do in wild west movies and put my hands in the air," he said. "I said, 'Are you kidding?' They said, 'You think we're kidding. We'll shoot you right here.'"

Seckler said Moore beat him with the gun in the entryway of the home, until Moore dropped the weapon and Seckler grabbed it, fatally shooting him in the front yard.

"I grabbed the gun," Seckler said. "I did not aim, I just turned around and started shooting."

Shearod fled, attempting to convince Cape resident Lisa Wright to give him a ride, then hiding in the back porch of another nearby home. He was found and detained by the police.

Seckler said he believed one of his wife's acquaintances, Carroll Cody, was behind the robbery, though Cody has not been accused or charged in the incident.

Cody reportedly admitted to stealing Seckler's expensive watch days before the robbery.

Seckler said Cody threatened to pour acid on his wife's face if she tried to get the watch back, though presiding Judge Mark Steinbeck asked the jury to disregard the information.

"I assumed that there was some connection (between Cody and the robbery)," Seckler said.

Carrol-Love also took the witness stand Wednesday, testifying that she saw Seckler shoot Moore.

"I just saw (Seckler) lift his hands and after that, all I remember is (Moore) coming to the end of the driveway and falling," she said. "I jumped into the front seat and I took off because I didn't know if the guy was going to shoot me.

"I had no idea where I was driving to, I just wanted to get from in front of his house because I didn't know what he was going to do," Carrol-Love said. "As soon as I got out of the neighborhood there was a policeman right behind me."

She said she did not realize Moore and Shearod had planned to rob Seckler until they approached him with the gun.

According to Cape Coral detective Walter Herman, Shearod also claimed that he was not initially aware of the robbery.

"He said, 'I didn't know my buddy was going to rob that white guy. I didn't touch the guy,'" Herman told the jury Wednesday.

Seckler testified that Shearod was an active participant in the robbery, and even bit him on the back during a struggle.

Shearod's trial resumes at 9 a.m. today.