Saturday, February 28, 2009

Perez guilty of manslaughter in stabbing death

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 2/27/09

Ronnie Perez's testimony wasn't enough to convince jurors of his innocence in the stabbing death of William Lowell, but the evidence presented at trial couldn't convince them what Perez did to Lowell in June of 2007 was murder, either.

A three-man, three-woman Lee County jury found Perez guilty of manslaughter after two hours of deliberations Friday afternoon, on day four of Perez's second-degree murder trial.

Perez allegedly stabbed and cut Lowell 33 times, with a knife Lowell had used the previous day to clean fish, during a confrontation in the garage of Lowell's home June 22. Though accounts of the hours leading up to and after Lowell's death vary - including differences between Perez's testimony versus his initial statements to Cape Coral detectives - the ultimate affect was two stab wounds through Lowell's left lung and heart which ended his life.

If found guilty of murder, Perez would have faced a life prison sentence.

Manslaughter, a lesser included crime, carries a significantly shorter maximum possible sentence of 15 years in prison.

Both state and defense attorneys said they were pleased with the jury's decision, given the possible alternatives of either acquittal or a life sentence.

"Obviously I was pushing for a not guilty, but the jury heard the evidence, they saw it all and made a decision, and I can't complain about it," said Lee Hollander, Perez's defense attorney. "I understand how they reached that conclusion. I don't believe there was the hatred and ill-will that's required for second-degree murder. I do think (jurors) may have thought that (Perez) went a little overboard when defending himself, and that does constitute manslaughter."

Lead prosecutor Ed Ferguson said simply, "I'm very pleased with the verdict."

Family members and friends of both Lowell and Perez, however, were not as pleased.

Lowell's relatives, including wife Tanya Lowell, said they were "very disappointed" in the conclusion jurors reached Friday.

Several of Lowell's and Perez's family members were visibly upset following the reading of the verdict.

Perez had taken the witness stand in his own defense earlier that morning, telling his side of the story through a court-appointed English-Spanish translator.

Perez told jurors he and Lowell were friends, that they drank and used drugs together.

The early morning of June 22 was when that friendship went bad - a night of drinking and cocaine use Perez said led to sexual battery, threats at gunpoint and a knife fight.

The two were watching a pornographic DVD in the living room when Lowell, who allegedly had been snorting cocaine, became sexual with Perez, he said. Perez denied using cocaine that night due to feeling sick.

"He started touching me here as if I was a woman," Perez testified, indicating Lowell touched him on the side of his buttocks. "I pushed his hand, because I thought he was just kidding around."

Lowell left the couch and returned with a gun, forcing Perez to perform oral sex, Perez told the jury. Perez broke free and ran, leading Lowell to the garage where a fight ensued and Perez armed himself with a knife, he said.

Perez said he had broken a 40-ounce beer bottle over Lowell's head in self-defense and tried to convince him to go to the hospital, but as the fight progressed, he ended up cutting and stabbing Lowell all across his body, including two fatal wounds to his left lung and his heart.

The alleged gun Lowell had used was dropped and lost during the scuffle in an area of the garage police testified they didn't search, Perez said.

However, Perez's statements to Cape Det. Kurt Grau the day Lowell was killed weren't the same as those he made on the witness stand, testimony indicated. He had not told Grau about the alleged physical and sexual assault in the living room involving a firearm, and he told the detective that the drug use and sexual activities between he and Lowell were mutual.

Ferguson told the jury Friday whether or not Lowell had a gun was moot since he wasn't armed at the time he was killed.

"He had no weapon at the time he was being stabbed to death," Ferguson said during his closing arguments. "(William) Lee Lowell was fighting for his life and he was losing. Ladies and gentlemen, this is murder, this isn't a fair fight, this isn't two men squabbling. Police may have, if they'd done a hard inventory of the garage, found a gun. It doesn't make any difference because it was removed from the struggle ... before (Perez) acted to kill."

Perez lacked any serious wounds, other than a bite to his thumb, to indicate the vicious fight on the floor of the garage he'd testified to, Ferguson said.

Hollander argued forensic investigators were sloppy and ignored the central area of Lowell's garage where boxes and bags of things were stacked, and where Perez said Lowell's gun had fallen to.

"If it wasn't in the open, they weren't looking for it," he said. "I submit to you the shortcomings of the forensics investigators constitute a reasonable doubt."

Further, Hollander said it was wrong that the state should expect Perez to stop defending himself with a knife when Lowell dropped the alleged gun.

"There's no referee, there's no one to flip a switch," he said. "Human nature just isn't that way."

The jury was given the case at 12:42 p.m. and returned with a unanimous verdict at approximately 2:30 p.m.

Perez will be sentenced by Lee Circuit Judge Edward Volz March 9.

Thursday, February 26, 2009

Cape victim’s wife takes stand; Perez accused in fatal stabbing

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 2/27/09

Tanya Lowell told seven jurors, who hold the fate of her husband's accused killer, about the last time she saw him on the evening of June 21, 2007 - he gave her a rose and made dinner plans with her for the following evening. It was their son's 12th birthday.

William Lowell, 36, and his wife of nearly 15 years had been recently separated due to financial problems and personal disagreements. He was the only one residing at their home, located at 2716 N.E. First St., when police discovered his body riddled with knife wounds on June 22, 2007, she testified Thursday.

Lowell and Tanya, who had three children together, ages 6, 9 and 12, were trying to salvage their relationship prior to his slaying. Lowell had given her a rose every day since their separation, Tanya told jurors.

"We were trying to get back together, work things out," she said.

The Lowells never got the chance to rekindle their relationship.

Ronnie Perez, 26, allegedly fatally stabbed Lowell in his house, hitched a ride home with his then-girlfriend Ana Luisa Munoz, took a shower and drove with parents Jose Serrano and Lisneidy Lozano to turn himself in to police in the early morning hours of June 22, 2007.

Thursday was the fourth day of Perez's trial before Lee Circuit Judge Edward Volz, during which jurors are asked to decide whether he is guilty of second-degree murder in Lowell's death. If convicted, he faces a life sentence.

Perez initially told officers he thought Lowell had a gun during a confrontation in Lowell's garage, at which point he stabbed Lowell, possibly killing him.

Testimony so far has revealed the only guns Lowell kept in his home were a broken airgun sitting on a workbench in the garage and a pellet rifle atop a refrigerator.

Police and medical experts testified Lowell had been stabbed and cut a total of 33 times on his head, chest, neck, arms, legs, lungs and heart, along with multiple other bruises and lacerations. Perez had suffered a cut on his foot and bite marks on his thumb from the altercation.

Lowell died as a result of stab wounds into his heart and left lung, according to District 21 Chief Medical Examiner Rebecca Hamilton, who performed the autopsy on his body.

"These wounds were specifically detrimental to his life," she testified.

Additionally, he had "defensive wounds" on the fingers of his right hand, indicating Lowell had attempted to defend himself against an oncoming attack, she said.

Hamilton drew blood from Lowell, which was tested.

It was determined Lowell had a blood alcohol content of .96 and had used marijuana and cocaine prior to his death, defense attorney Lee Hollander told Volz outside the presence of the jury.

The information was not testified to Thursday in the presence of the jury.

Perez's bloody fingerprints were found on doorknobs and a washing machine in Lowell's home, and Lowell's body along with several items appeared to have been moved inside the garage, said forensic specialist Elizabeth Lansky.

DNA testing revealed Perez's and Lowell's blood was found on several items in their homes, according to Florida Department of Law Enforcement crime lab analyst Kimberly Sutton.

Perez's blood was found on a computer tower in Lowell's living room, and a bloody footprint in Lowell's master bedroom also belonged to Perez, Sutton said.

Lowell's blood was found on the computer tower as well, and also on a shower curtain liner in Perez's home.

Hollander motioned that Perez be acquitted of the accused murder after the state rested its case against him, stating it lacks the evidence to prove Perez had a depraved mind, ill will, hatred, spite or malice during the time of Lowell's slaying.

"The state has a completely circumstantial case," he argued.

Assistant State Attorney Ed Ferguson said not only did Perez lack defensive wounds, the act of stabbing Lowell 33 times "indicates an indifference to human life itself."

Volz denied Hollander's motion to acquit.

Perez is anticipated to take the witness stand today in his own defense.

The trial resumes at 8:30 a.m.

Wednesday, February 25, 2009

Cape police: Defendant admitted stabbing victim; Officers testify on day two of trial

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 2/26/09

Ronnie Perez told police he may have stabbed 36-year-old William Lowell to death, leading them to Lowell's blood-stained body and home, they testified Wednesday during day two of Perez's murder trial.

Perez, 26, is charged with second-degree murder in the June 22, 2007, death of Lowell. He faces a maximum possible sentence of life in prison.

State prosecutors and police officers maintain Perez came to the Cape Coral Police Department and admitted to stabbing Lowell multiple times during a struggle, during which Perez said he thought Lowell had a loaded gun.

When officers arrived at Lowell's Cape home, he was dead. He had been stabbed multiple times and his throat was slashed, arrest reports state.

Perez had reportedly suffered a bite to his thumb, an abrasion to the left side of his body and a cut across the heel of his foot as a result of the altercation.

Detectives quickly booked Perez on murder charges and processed the scene for evidence, as well as Perez's house, they testified Wednesday.

Assistant State Attorney Ed Ferguson told the jury murder is exactly what Perez committed.

"When we're done with this, you're going to see not only that this crime was proven, and that Mr. Lowell was dead ... we're going to show that it was done by the criminal act of Mr. Ronnie Perez," Ferguson said. "It's way beyond self-defense. Just the acts themselves are going to indicate indifference to human life itself."

The evidence, he said, would prove Perez's guilt.

Cape officers Albert Arroyo, Mike Catania and Ishmael Perez testified that they were the first to come into contact with Perez at the police station in the early morning hours following the altercation that lead to Lowell's death.

Perez, speaking primarily Spanish, used officer Ishmael Perez as a translator, the officers said.

"He told me he killed somebody last night," Perez told jurors. "So I asked him, 'Where did this happen?' and he gave us an address."

The officers said when they arrived at Lowell's home, located at 2716 N.E. First Ave., they found Perez's white Mustang convertible in the driveway next to Lowell's truck, and what were likely blood droplets staining the driveway by Perez's driver's side door, the walkway to the main entrance and the doorknob into the home.

When they entered the home, they said they found Lowell's body in the garage and called EMS to the scene. Forensics and investigative services were also notified of what they had found.

Cape detective Kurtis Grau testified that DNA swabs and photographs were taken of Perez during the investigation, and that he formally placed Perez under arrest and booked him into the Lee County Jail.

Forensic technicians photographed Lowell's home and collected evidence, including a pellet gun found atop a refrigerator in the garage and a knife stained in what was likely blood, discovered by detective Christy Jo Ellis, they testified.

Forensic technicians John Dahowski and Frank Williams testified to finding what they thought were drops of blood in the kitchen, living room and outside the home, staining doorknobs and items in different areas of the home. There were also bloody footprints on the carpeting of the master bedroom and in the garage.

Williams said Perez's car keys were found between the cushions of a loveseat, and a pornographic DVD was found in the living room DVD player, both of which were taken into evidence.

A blood-stained comforter was found at Perez's home in an outside trash can, said CCPD Forensics Supervisor Larry Stringham.

But the evidence in the case is untrustworthy, the state's arguments are riddled with buzzwords, Lowell was inebriated and high on drugs the night he was killed, and the crime scene was possibly even manipulated, according to Perez's defense attorney Lee Hollander. Perez, he told jurors, is not a murderer.

"There's no issue about who killed Mr. Lowell," said Hollander. "But not every killing is a murder. I submit to you, (the state)'s evidence isn't what they claim."

Assistant State Attorney Stephanie Hoffman, Ferguson's co-council in the trial, is recovering from a possible adverse reaction to medication. She was taken to the hospital by EMS on Tuesday afternoon, State Attorney's officials said.

Her condition could not immediately be determined.

She did not attend Perez's trial Wednesday.

The trial will resume today at 8:30 a.m.

Early end to first day of Cape man’s murder trial; Medication makes prosecutor sick

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 2/25/09

Following hours of questioning by prosecutors and defense lawyers, a freshly-selected four-man, three-woman jury took their seats in the murder trial of Cape Coral man Ronnie Perez Tuesday afternoon.

But just as quickly as they had sat, the jurors were escorted from the room, and eventually sent home for the day, when Assistant State Attorney Stephanie Hoffman suffered what appeared to be an adverse reaction to medication she had been taking.

Hoffman, though coherent and seemingly all right, was taken by EMS workers from Judge Edward Volz's Lee County courtroom via a stretcher, shortly after Volz gave instructions about the case to the jury.

"(Hoffman) has a history of high blood pressure," said lead prosecutor Ed Ferguson, adding he hopes Hoffman is alright.

Hoffman was taken in a conscious state to the hospital.

The trial is scheduled to resume today at 8:30 a.m.

Ronnie Perez, 26, faces a second-degree charge in the June 22, 2007, slaying of 36-year-old William Lowell. Perez is accused of stabbing Lowell and slashing his throat as the result of an argument at Lowell's home, at 2716 N.E. First Ave.

Arresting documents indicate Perez told detectives he thought Lowell had a loaded gun at the time the struggle occurred, though it is unclear if he will maintain that defense during the proceeding days of trial.

If convicted, Perez faces a possible sentence of life in prison.

Authorities identify homicide victim as missing Cape man; Question man, woman located by Utah police

CLICK HERE to see the follow-up story written by Cape Coral Daily Breeze city government writer Gray Rohrer

Utah police arrest possible people of interest in slaying; Body found on missing Cape Coral man’s boat

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 2/23/09

Utah police arrested a man and woman who may be the two people of interest wanted in an investigation of a homicide aboard a boat belonging to a missing Cape Coral man, according to officials.

Jonathan Lebaron, 32, and Kristena Whitmore, 40, were booked Saturday into the Salt Lake County Jail on Florida warrants related to the killing, as well as local charges, according to police.

Following a nationwide search, an anonymous tip led police to a Motel 6 in Midvale City where the two were staying, said Midvale Police Department Detective Sgt. John Salazar.

"They (Lebaron and Whitmore) picked the wrong town to come to," he said.

The two may be the people of interest police have been searching for to question about a body discovered Feb. 13 aboard the boat of Richard Gardner, 57, by law enforcement officers at the King's Pointe Marina on Stock Island.

The Monroe County Medical Examiner had not yet identified the victim Monday night or the manner in which the victim was killed.

According to Salazar, Lebaron and Whitmore had possession of several of Gardner's personal items upon their arrest, including a wallet, business cards and checkbook.

Gardner was reported missing by his wife the same day the body was found aboard his boat, according to reports. She told police that Gardner had headed to Key West days earlier, and she had lost contact with him.

Lebaron and Whitmore may be the individuals pulled over Feb. 12 in Gardner's car by Tennessee police. The driver and passenger were subsequently let go because the traffic stop took place prior to Gardner's reported disappearance and the homicide investigation.

Gardner's 1999 Mercury Marquis was not immediately found Saturday by Midvale police, Salazar said. Detectives continue to search for the vehicle.

Monroe County detectives are on their way to Utah to take Lebaron and Whitmore into custody. Authorities will bring the two back to Florida if it is determined they are the people of interest in the investigation.

The detectives are expected to arrive in Utah today.

Cape teen accused of sexual battery; Report: Victim 12 or under

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 2/18/09

A 14-year-old Cape Coral boy was arrested and charged Tuesday with felony sexual battery of a victim under 12 years old.

Peter Weinberger was booked into the Juvenile Detention Center by Lee County Sheriff's Office deputies based on a warrant for his arrest by the Cape Coral Police Department, records show.

Family members declined comment Wednesday.

The charge stems from a Department of Children and Families investigation in New Jersey, claiming Weinberger may have sexually assaulted a victim under 12 years old.

DCF investigators provided the information to the Cape Coral Police Department between July and September, arrest documents state.

Cape detective Paul Kaye wrote in an arrest warrant that he had determined there was probable cause for Weinberger's arrest.

Authorities seek two in Key West boat homicide; Seen driving vehicle of missing Cape man

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 2/17/09

Monroe County Sheriff's deputies are looking for a man and woman they have coined "people of interest" in a homicide discovered Friday aboard a missing Cape Coral man's boat in Key West.

Police had not yet confirmed the victim's identity or the manner in which the victim was killed Tuesday evening, citing an ongoing investigation.

The people of interest were pulled over by police in Tennessee Thursday, driving a 1999 Mercury Marquis belonging to Richard Jean Gardner, 57, who was reported missing Friday to Cape Coral police, deputies said. Gardner also was the registered owner of the boat where the slain body was discovered.

The two lacked identification and were subsequently released from the traffic stop, deputies said.

Detectives acquired video footage of the stop from Memphis police.

The male is described as 35 to 36 years old, 5 feet 9 inches tall, 170 to 180 pounds with medium-length shaggy brown hair and an unshaven face with a possible goatee. The female is described as about 40 years old, 5 feet 3 inches tall, 150 to 160 pounds with dreadlocks and a swollen lip.

The two were traveling with a black miniature Schnauzer, deputies said.

The tag number to Gardner's vehicle is J94KCX.

According to reports, Gardner's wife Jennie said she had not spoken to Gardner since about 8:15 p.m. Feb. 10 after he had left for Key West.

She said the two own a boat called "Flow Too Me," located in Key West, and that it is unusual for Gardner to be out of contact with her.

Law enforcement officers discovered the body aboard Gardner's boat during a well-being check at the King's Pointe Marine on Stock Island Friday morning, deputies said.

The Monroe County Medical Examiner said it will need more information before identifying the victim.

Anyone with information about the people of interest are asked to call Detective Terry Smith at 305-289-2410, or call Crime Stoppers anonymously at 800-780-TIPS (8477).

Also may submit tips via e-mail at: www.tipsubmit.com.

Neighbors recall rescuing 2 girls from Cape house fire on Sunday

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 2/16/09

Two young girls are alive today.

As smoke billowed Sunday afternoon from their Cape Coral home with the youth trapped inside, their father Paul Lawhorn, neighbor Aileen Meaney and her stepson Tim Gibson were among those who would ensure they would get to say those words.

But not one of them suspected their actions would define the lives of the two girls, Giana and Kerrigan, ages 2 and 18 months - Lawhorn was mowing the lawn while Meaney cooked in her kitchen across the street, and Gibson fished off of Meaney's dock at about 2 p.m. when officials said a fire broke out at 5019 S.W. Eighth Court.

Meaney and Gibson sprang into action as Lawhorn pleaded for help to get his daughters out of the home. Meaney broke out two of the home's windows with boulders and cut her wrist on the broken glass.

"When somebody needs help you go and help," she said. "I didn't even think about it."

Gibson and Lawhorn entered through the broken windows and braved the burning home to save Giana and Kerrigan.

"There was a lot of panic," Gibson said Monday afternoon. "It was a pretty chaotic scene. Everybody knew there were children inside. We were pressed for time, we had to get in there and get them out."

Lawhorn saved one of the girls, but Gibson found himself entering the smoke-filled house to rescue the other youth. At first, he was unsuccessful. In fear of passing out from smoke inhalation, he had to go to the window for air.

"I took a couple more deep breaths of air and went back in," he said. "I was breathing in quite a bit of smoke and I couldn't find her right away. I kept thinking to myself, 'Am I gonna get out of here?'"

But with a bit more searching, Gibson found the girl's reaching hand and helped her out of the home.

Gibson trained briefly and volunteered with the Bayshore Fire Rescue, but he works in air conditioning to support his wife and two sons, ages 1 and 4.

"The training that really stuck with me most was the same kind of training that I used," he said. "A lot of people are telling me, 'You're made to be a firefighter.'"

Gibson said he would love to be a firefighter, but the waiting list for the job makes it difficult.

Gibson, Meaney, Lawhorn and both girls were taken to Cape Coral Hospital for treatment Sunday, though Gibson did not get a chance to talk with Lawhorn after the chaotic circumstances of their first encounter with one another.

"I've never talked to them up until that day," Gibson said.

He chalks it up to fate that Lawhorn and he met, though Gibson would like to get a chance to meet again under different circumstances.

"Maybe my kids can play with their kids," he said.

Officials said the cause of the fire was accidental and started near the kitchen stove. Damages are estimated at about $150,000.

Meaney said a family dog was killed in the fire.

Danielle Verdieck, Giana and Kerrigan's mother, was working as a bartender and waitress at the Victory Lane Cafe when the fire broke out, said co-worker Blakely Booth.

The restaurant has pulled together to hold a fund-raiser March 1 to raise money for Verdieck and her family.

Booth said she was shocked to hear about the fire.

"We are all doing our part," she said.

The fund-raiser will be held at the cafe, located at 4120 Hancock Bridge Parkway in North Fort Myers. Though the planning stages are still in the works, a silent auction and gift certificates from local businesses are expected to be included.

Sales bud as Cape sweethearts buy flowers and gifts for Valentine’s Day

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 2/14/09

A legend says Saint Valentine wrote a letter to his love, a woman who visited him in prison before he was put to death around 270 A.D., and signed it "From your Valentine," according to History.com.

Another legend claims Roman Emperor Claudius II outlawed marriage of young men to use them as soldiers, but Valentine defied the law in the name of love, marrying young couples in secret, the Web site states.

Whatever the truth, his name comes to the tip of lovers' tongues every February 14 as they celebrate their affection on the day of all things cute and cuddly.

And when Cape Coral couples both young and old speak the words, "Happy Valentine's Day," "I love you," or any variation thereof, local businesses are there to respond.

Employees of June's Hallmark, 1339 Cape Coral Parkway E., are so prepared they keep a secret stash of Valentine's Day cards for last-minute shoppers.

"We always keep an amount of cards in the drawer for the husbands because they always come in the last minute, and we never want to run out," said store owner Jane Hartz.

The store stocks a plethora of Valentine's Day goodies, including anything from the usual flowers and candies type of gifts to magnetic hanging monkeys, chocolate-covered strawberries, light-up pins and bumblebees that sing "I love you."

Hartz said Valentine's Day is huge for June's Hallmark.

"It's the second (busiest holiday) from Christmas; then there's Mother's Day," she said. "Everything is selling in general. We're finding that people are not traditionally going to flowers as much as going to something that's a keepsake."

Traditional-hearted Cape residents, though, have a number of florists to choose from for Valentine's Day and other floral needs, including locally owned and operated Cape Coral Floral Designs.

The everything-flowers shop has been located at 2109 Del Prado Boulevard since 2005 and has been awarded Best of Cape Coral for four years.

They offer a number of special arrangements for Valentine's Day, ranging from about $40 to about $150, and also offer special deliveries in the Cape by singers in tuxedos.

Owner Andy Jermy calls Valentine's Day a "10 out of 10" for sales.

"It doesn't come any busier," he said Friday. "We've had people in from 8 o'clock this morning and we'll have them here until 8 o'clock tonight."

On top of the demand of flowers today for the holiday, Feb. 14 is a popular day for them for another reason, Jermy said.

"It's a very popular day to get married as well," he said. "We have five weddings (today)."

Jermy said that despite a suffering economy, his business takes care of its customers and visa versa.

"Most people are learning that the better florists are the better florists," he said.

The most popular sell seems to be the traditional arraignment of a dozen roses, he said.

Another Cape business owner who will tell you about Feb. 14 wedding dates-from personal experience-is Chef Dario Zuljani, an Italian cuisine chef celebrating 39 years with his wife Alice today.

Zuljani owns Ariani Restaurant & Lounge, a local Italian eatery located at 1529 S.E. 15th Terrace. He and a fellow chef, celebrating 11 years married today, will celebrate to a packed house of about 300 patrons, he said.

"Monday we took the last reservations we could squeeze in," Zuljani said. "We do have a very large base of loyal customers who we call them guests. Most of them are our very close friends."

The restaurant offers a special Valentine's Day menu and wine list, along with its usual menu items, he said.

"I think Italian cuisine is especially proper for the celebration of holidays," Zuljani said. "Easter, Christmas, Valentine's Day. With Italian food I think it's endless combinations for great feasts regardless of what you're celebrating. I'm glad to hold this image of the restaurant that we celebrate life, anniversaries and our blessings."

Ariani is open Monday thru Saturday, 5 to 10 p.m.

No matter what theory about St. Valentine residents believe, or what Valentine's Day means to them, Cape businesses appear to be ready to share in the celebrations.

According to Community Redevelopment Agency spokesperson Helen Ramey, a number of downtown eateries and flower shops are running holiday specials for the Cape's sweethearts.

Parent protests 10-year-old’s battery arrest; Mom says 4th-grader with autism doesn’t understand charge

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 2/14/09

A 10-year-old boy diagnosed with autism left his Cape Coral elementary school in the back of a police car Thursday afternoon after he allegedly hit and kicked a teacher's aid, a police report states.

He was taken to the Juvenile Assessment Center and charged with battery on an education employee, though he doesn't fully grasp why school employees asked police to take him downtown and snap his picture, said the boy's mother, Heather Hawke of North Fort Myers.

"He's re-enacting it," Hawke said of the youngster's car ride with Cape Officer Eric Ross, and the subsequent time he spent in JAC. "That's the only thing he's focused on, what happened yesterday, but he doesn't understand it also."

Perhaps the most distinctive feature of the Gulf fourth-grader's mug shot is his smile. Some law enforcement employees at first wondered why he smiled in such a serious situation, until told he was autistic, Hawke said.

Police reports state the Gulf Elementary student punched a school employee in the chest and kicked her during an emotional outburst at about 3:30 p.m. in the principal's office. The outburst stemmed from a classroom incident during which the student was cutting his clothes with scissors and was asked to stop, his arrest report said.

The child reportedly threw the scissors, ran and locked himself in the principal's office. When confronted by school employees and the principal, he became violent, the report says.

The aid told Ross she'd like to press charges, he reported.

Hawke said she's had past disagreements about her son's Individualized Education Plan, including his being able to take his service dog, Chewie, to school and have an isolated spot to cool down.

His outburst was his way of trying to be alone, she said.

"We didn't want this to happen, we didn't want him to hit somebody, we wanted help," Hawke said.

Hawke's son is new to Gulf Elementary this year, and had problems at his previous school regarding restraint, bullying and isolation, she said.

However, due to Thursday's incident, Hawke says her son may be going to a different school soon; the Advocacy Center will ask the school district to pay for private schooling for the child, she said.

"They're asking for it to be paid for at the school's expense after everything that's happened," she said. "They don't feel it's appropriate for him to return to that school."

Spiritual leader to visit Cape Coral, Fort Myers

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 2/12/09

An internationally recognized spiritual leader, teacher and author will speak to Lee County residents this weekend.

Michael Bernard Beckwith is the founder and spiritual director of the Agape International Spiritual Center in California and author of "Spiritual Liberation: Fulfilling Your Soul's Potential," according to Catherine Josey, Beckwith's publicist. He has appeared on "Larry King Live" and "The Oprah Winfrey Show."

Beckwith will speak on matters of the spirit at 7:30 p.m. today at the Harborside Event Center in Fort Myers, and at 8:30 a.m. Saturday at the Cape Coral Center for Spiritual Living.

His wife, Rickie Byars Beckwith, will perform original songs written by Beckwith and herself at both speaking events. She is the musical director of the Agape International Choir.

The Rev. Emile Gauvreau, spiritual director for the Cape Coral Center for Spiritual Living, is eager to welcome his colleague to Lee County, he said Wednesday.

Gauvreau said Beckwith is "a friend, and he's been a mentor to my ministerial training, as well as a teacher." Gauvreau has known Beckwith since 1996, and was on the board of directors at the Agape International Spiritual Center for six years.

He said Beckwith's is an "uplifting message, a message that says not only can you make a change and make a change for the better, it's our spiritual obligation to do so."

In light of President Barack Obama's recent visit to Southwest Florida, Beckwith offers the community a proactive approach to taking control of their spiritual woes, Gauvreau said.

Beckwith is the president of the Association of Global New Thought and travels internationally to meet with global leaders of peace, including the Dalai Lama biannually, Gauvreau said.

He founded the Agape International Spiritual Center in Los Angeles in 1986, a "trans-denominational movement" which has grown to a community of about 9,000 members locally, according to the center's Web site.

Beckwith also will be onhand to sign copies of his book during this weekend's events.

Tickets to the Harborside Event Center event are available at a cost of $30 each, while tickets for the Cape event are available for $100 each.

To order tickets or inquire about sponsorship packages, call the Cape Coral Center for Spiritual Living at 574-6463. The center is located at 406 S.E. 24th Ave.

Teen pleads no contest in convenience store robberies

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 2/12/09

A Cape Coral teen accused of robbing several gas station convenience stores last month has pleaded no contest to charges against him, officials with the State Attorney's Office said Thursday.

Brian Robert Covello, 17, pleaded no contest to four counts of robbery Feb. 6, according to State Attorney's Office spokesperson Samantha Syoen.

Police arrested Covello in January after accusing him of robbing four separate Circle K convenient stores in Cape Coral.

Covello will have a disposition hearing March 10 before Judge Bruce Kyle. After hearing recommendations by the Juvenile Justice Center, State Attorney's Office and Covello's defense attorney, Kyle will make a determination regarding Covello's adjudication, Syoen said.

Covello's attorney, Joseph Viacava of the Wilbur Smith Law Firm in Fort Myers, said Covello pleaded no contest in order to avoid facing possible prison time in the adult court system.

"He obviously has made a poor decision in respect to this situation," Viacava said. "He's a 17-year-old kid and clearly there's some other issues surrounding it that will come out during sentencing."

Covello made a poor choice, but an isolated one, and has excelled as a student at Canterbury School, he said.

"You don't do that by accident," Viacava said of Covello's success in school.

If Covello pleaded not guilty, state attorneys could potentially direct-file, which means Covello would be treated as an adult and could face prison time, Viacava said.

"He's made his mistake. He wants to pay his penance and do whatever he can, and hopefully the judge understands that, and he looks forward to a healthy and productive future," he said.

Syoen said the state can direct-file depending on the specific circumstances of a case, including the age of the accused and the severity of the crime.

She did not say if the state had planned to direct-file in Covello's case or what it will recommend to the judge for adjudication.

Parents of accused man embarrassed, apologize to victim; Police: 28-year-old had sexual relations with girl

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 2/12/09

Parents of a 28-year-old Cape Coral man accused of having a sexual relationship with a 14-year-old female spoke about their son's arrest Thursday.

Michael Campos remained in the Lee County Jail Thursday on charges of lewd and lascivious battery of a minor and computer pornography solicitation of a child, booking records indicate. His bond has been set at $300,000.

Campos is accused of having a sexual relationship with a friend of his younger brother over several months, as well as soliciting for nude pictures from the alleged victim via text messages.

"Me and my wife and my entire family, we truly, truly feel sorry for the young lady that is involved in this and her family," said Campos' stepfather, Jay. "I'm speechless about it. We're embarrassed more than anything, and ashamed for him."

Campos was homeless and had been sleeping on a couch at his parents' house, though his family was unaware of his possible involvement with the teen, Jay said.

"If my stepson did this, I am truly sorry, but he is an adult," he said. "His mother, myself and my children that are at home, we all do our very, very best to be upstanding community people. We're just a hard-working family that got into a situation that we let our son, who is homeless, sleep on the couch for a few weeks and this is the thanks we get."

The Cape Coral Police Department arrested Campos Tuesday after months of investigation, stemming from allegations reportedly made by the victim to a youth service counselor in November.

The victim told the counselor she and Campos had been engaged in a sexual relationship since shortly after her 14th birthday in October, police reported.

Officers acquired hundreds of pages of text messages from Campos' phone provider, some of the messages were sexual in nature and several requested nude photographs from the victim, reports state.

Campos reportedly denied the allegations of wrongdoing.

Officials commend actions of Hancock Creek’s staff; Right steps in alleged bomb attempt

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 2/12/09

Staff at Hancock Creek Elementary School acted quickly and appropriately Tuesday morning when alerting police to two students with bomb-making materials in their backpacks, authorities and school officials said.

The Lee County Sheriff's Office released information stating two boys, ages 9 and 10, were found to have materials and detailed plans to put together a "makeshift" explosive device at the school.

Though the device was unlikely to be able to cause serious damage to property or death, the youths' intent to assemble and ignite the device could have caused minor damage or injury to others, including themselves, sheriff's office spokesperson Larry King said Wednesday.

The youths have each been charged with attempted or threatened use of a weapon of mass destruction or hoax weapons of mass destruction. They were taken to the Juvenile Assessment Center and later released to their parents.

The youths' parents could not be reached by telephone Thursday.

"It's quite surprising coming from a 9- and 10-year-old," King said, adding the boys are the youngest he has heard of attempting to carry out a plan of that magnitude in Lee County.

"The aspect that is most alarming is the threat itself of wanting to cause extensive damage or injury or death to students and faculty," he said. "The positive end is that everybody did exactly what they were supposed to do."

A fellow student alerted a bus driver that the boys might have possession of a knife, King said. The bus driver in turn told Assistant Principal Leslie Gunderson, who did not find a knife but alerted the sheriff's office to the boys' possession of the bomb-making materials.

Some of the materials included a plastic body wash container with a string attached to it, several explosive devices and written plans outlining where to place the devices within the school, police reports state.

School district spokesperson Joe Donzelli said the staff at Hancock Creek Elementary School handled the situation appropriately.

"The staff at the school did exactly what they were trained to do," he said. "The school district will now conduct a concurrent but separate investigation (from the sheriff's office)."

Donzelli said the school district will apply the code of conduct in determining the appropriate disciplinary response, which could range up to expulsion.

"The bigger issue for us as an individual school system is why," he said. "Why did they act out in a highly inappropriate way, and what can we do to help?"

The district will sit down and talk with the families involved, possibly with family counselors, staff or outside agencies, to determine the root cause of the youths' behavior, Donzelli said.

"Post-Columbine, there's no such thing as a joke anymore. We take every threat, whether it's perceived or actual, very, very seriously," he said. "Students are more and more showing the fortitude, taking a proactive role in keeping themselves and their classmates safe. That's key. We can't investigate something unless it's brought to our attention."

A letter sent Thursday to parents from Principal Kelly Vaughn reads: " ... The safety and security of our students - your children - and my staff is a primary focus for me. We treat every situation seriously and we will continue to do so in order to provide a safe and secure learning environment for everyone at Hancock Creek Elementary."

The letter urges parents to teach their children to let someone know if they "see or hear something they know isn't right" in order to prevent a potentially dangerous situation.

Donzelli said the letter was sent Thursday rather than Wednesday due to the ongoing sheriff's office investigation.

Alleged home robbery leads to grow house bust; Cape police charge 5 in incident

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 2/11/09

Five Southwest Florida residents were arrested and charged in relation to the trafficking and growth of marijuana after police responded Monday morning to a robbery call in northwest Cape Coral.

As a result of the investigation, police reportedly uncovered two marijuana grow houses in the Cape, including the home of the alleged robbery.

Police responded to a robbery with shots fired at 1613 N.W. 31st Place at about 4:28 a.m. and discovered the home was a marijuana cultivation site, according to city spokesperson Connie Barron.

The home is owned by Edwin and Sandra Perez of Miami, according to Lee County property records.

The Perezes did not immediately return phone calls from the Breeze Tuesday afternoon.

Gonzalo Paez, 38, of Cape Coral, and Yoel Lorenzo, 32, Adenys Boneyes, 36, and Palo Sabon, 38, all of Naples, were each charged with trafficking marijuana over 25 pounds and resisting without violence. The home's occupant, Geovanny Manuel Rodriguez-Ortez, 31, was charged with trafficking marijuana over 25 pounds and cultivation of cannabis.

Before police arrived, Paez, Lorenzo, Boneyes and Sabon fled the scene in a minivan, which they later abandoned in a vacant field on Northwest 37th Place to elude officers in fields and nearby canals, according to reports.

Police reportedly discovered 30.3 pounds of marijuana and two bags of cocaine in the minivan, and later detained all four occupants. Aside from various pieces of cultivation equipment, police discovered 23.4 pounds of cannabis and root systems in the home Ortez was occupying.

A nearby neighbor, who requested not to be identified, said he was surprised to hear the home might have been used to grow marijuana.

"It's a shame that this stuff is happening," said the neighbor, an eight-year resident of the area. "This is a nice neighborhood. There's been no other problems that I know of."

The neighbor said the home had been rented to several different tenants over the past few years. He personally did not know the current residents, but said that they seemed to behave like a normal family.

"I don't think anybody realized it was (allegedly) a grow house," he said.

Ortez reportedly admitted to using a second Cape Coral home to grow marijuana, located at 2106 N.E. 23rd Place, where police said they discovered 63.9 pounds of the drug.

Despite reports of shots fired during the alleged robbery, none of the suspects were harmed during the incident, Barron said.

K-9, investigative services, patrol and forensics units with the Cape Coral Police Department, along with a Lee County Sheriff's Office helicopter, were used to apprehend the suspects.

Paez and Lorenzo were released from the Lee County Jail on $31,000 bond, according to jail records. Ortez was released on $31,500 bond.

Records show Adenys and Sabon remained in custody Tuesday evening.