Perez to appeal manslaughter conviction in 2007 Cape stabbing

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 4/28/09

Ronnie Perez will appeal his conviction in the 2007 stabbing death of William Lowell, his attorney said in a Lee County courtroom Monday.

Perez, a Cape Coral resident, was sentenced to 15 years in prison after a jury convicted him of manslaughter in Lowell's death in February.

According to testimony during his trial, Perez stabbed and cut Lowell 33 times, something defense attorney Lee Hollander had argued was self defense during a physical altercation between the two.

Hollander requested Monday that Perez be declared indigent, or unable to pay for lawyer costs for the purpose of appeal. Hollander also asked that he be allowed to withdraw from representing Perez and that Perez be appointed a public defender.

Perez was unable to earn an income to pay for a lawyer due to his incarceration, Hollander said.

A notice for appeal had already been filed, he said.

Lee Circuit Judge Edward Volz granted Hollander's requests.

Man sentenced to 10 years in prison for abusing infant daughter

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 4/28/09

A Cape Coral man pleaded guilty to aggravated child abuse Monday for severely beating his then 7-week-old daughter last December, and was sentenced to 10 years in prison and 5 years probation.

Geoffrey Scott Hutson, 42, faced a possible maximum sentence of 30 years in prison if convicted in a jury trial.

"He didn't want to drag anyone through a trial," Assistant Public Defender Kristina Gotera said of Hutson's decision to plead Monday. "He was very remorseful. He loves his daughter, and his son very much."

Hutson was charged with beating his daughter, Avery, over a four-hour period at his Academy Boulevard home, causing "bi-lateral skull fractures, a possible brain injury, swelling on the left side of the brain, a large hematoma on the left side of the head, multiple bruises to her face ... a bruise on the lower left quadrant of her abdomen and bruising to her right scapula," police reports state.

Avery also has a twin brother who lived in the home with Hutson and the twins' mother.

As part of his plea arrangement, Hutson cannot make contact of any kind with his daughter.

Hutson told Lee Circuit Judge Edward Volz he wanted to view state discovery photos of Avery's injuries to see "what I did, to help myself heal."

Hutson initially told 911 dispatchers he had dropped Avery in the bathtub, but when the Department of Children and Families and law enforcement discovered his story was inconsistent with the child's injuries, he admitted to the abuse, police reported.

Gotera requested that upon Hutson's release from prison, his probation be transferred to California, where he would reside with family members. Volz granted the request.

Cape resident to serve 15 years for manslaughter in ‘08 beating death

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 4/28/09

A Cape Coral man pleaded no contest Monday to a reduced charge of manslaughter in the beating death of his 53-year-old roommate last April.

Michael Keith, 47, was initially scheduled to begin trial this week on a second-degree murder charge. He was accused of beating Carl Masters and striking him in the face with a metal object April 7, which police said ultimately caused Masters' death.

Keith was sentenced by Lee Circuit Judge Mark Steinbeck to serve 15 years in the Department of Corrections, with credit for time served of 386 days.

"I'm very upset with myself," Keith told Steinbeck during his Monday afternoon sentencing hearing. "(Carl and Jessica Masters, his wife) were very good friends of mine. I feel bad for Jessica right now. Also I feel bad for my parents right now, that they have to deal with this for the next 15 years."

Police reports indicate Keith was staying with the Masters because he had become homeless. The three lived at 1801 N.E. 2nd Terrace, where police discovered Masters' body.

Keith and Masters reportedly had several physical altercations the night of April 7 and into the early morning hours of April 8, regarding prescription pills, cigarettes and money which Keith accused Masters of stealing.

Jessica was not home when Keith and Masters were fighting due to an impending separation with Masters, and returned to the home the next day to discover him dead, reports state.

Assistant State Attorney Bobby Lee said part of Keith's plea agreement was that he was not to make contact with the Masters family.

Lee said state plea negotiations with Keith were initiated at the request of family members to avoid a jury trial.

Officials: Swimming lessons and water safety are key to prevention

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 4/25/09

Derek Cooley, 4, will know how to swim by the end of this summer.

Father Fred Cooley, a Fort Myers firefighter who lives in the Cape with Derek, his 10-year-old daughter Nikki and wife Karen, knows how quickly a child can slip into the water and potentially become a drowning victim.

That's why Cooley is determined to have Derek doggie-paddling before Cape Coral says farewell to the summer sun.

"He uses floaties now, and it's time he needs to get out of them," Cooley said of his son. "We're always in the back yard somewhere near the pool, and I can't always keep an eye on him."

The Cooleys live near a canal, enjoy swimming in pools, at the beach or at Sun Splash Family Waterpark, and often go boating and camping near waterways.

"We're around the water all the time," Cooley said. "Whether it be the pool or the boat, if he falls in, basically he should be able to bring himself up and bring himself out and not be scared of the water."

Cooley taught his daughter Nikki to swim when she was about the same age as Derek is now. But even though the entire Cooley family will soon be able to claim themselves water mammals, Cooley recognizes the importance of watching over his youngsters.

"You have to have supervision," he said. "He knows that he can't go in unless either with us out there or with his sister out there, and even at her age I like to be out there with them."

According to information released by Lee County Public Safety spokesperson Diane Holm, "drowning is the second-leading cause of injury (and) death for children under age 15, and the leading cause of death for children ages 1-5 in Florida."

The information also states that, "Most pre-school age drownings occur in the backyard swimming pool. Seventy-five percent of children who drown were last seen by their parents within five minutes of the incident."

Because of the increased possibility of water-related injuries or death around this time of year, termed by many as "drowning season," the Lee County Red Cross has partnered with various Lee County swimming locales to host classes from certified instructors, emphasizing water safety while incorporating new techniques and biomechanics from USA Diving and USA Swimming. The program also provides lifeguard training.

"That's absolutely fantastic, especially for the kids that don't have pools or wouldn't be subjected to the water that often," Cooley said when told about the swimming classes. "If I didn't have the opportunity I'd make sure that (Derek) got the skills from a program like that."

"The main emphasis is on water safety and drowning prevention as a basis for swimming and water recreation," said Lee County Health and Safety Coordinator Karen Prohaska. "We also do parent and child aquatics, preschool aquatics and six levels of learn-to-swim that introduces anybody whatever age to water all the way through to diving techniques and lifeguarding."

Classes are held at various locations, including the Florida Gulf Coast University Aquatic Center, the Lee County YMCA, Sanibel Island Recreation Department and Lee County Parks and Recreation Department.

Additional information on the locations are available by visiting www.arclcc.org/training/lifeguard.htm and following the links to each.

Classes provide a plethora of information about subjects such as water parks, home pool safety, boat safety, recreational water illnesses and sun safety, among others.

"I think that anybody taking swimming lessons, at every step of the way during those lessons, that they are learning ways to keep themselves and others safe in and around water, including at home as well as recreational areas and at the beach," Prohaska said.

With hundreds of miles of canalways and other water bodies in Cape Coral coupled with the inherent dangers of the drowning season, the Cape Coral Fire Department emphasizes steps residents can take at home to keep young children safe.

"It starts now because with spring break and the holidays and Easter and Passover, there's a lot of families that come down from up north to see their grandparents," said CCFD Public Education Specialist Dave Webster.

Those families often have children that are unaccustomed to having a pool, and grandparents who are unaccustomed to supervising small children in their homes, Webster said.

"It's a new experience for them, but it's also a new hazard for them as well," he said. "(Parents' and Grandparents') vigilance is the absolute best insurance against anybody getting into trouble with the water. The No. 1 thing is adult supervision at all times."

There are additional safety steps pool owners can take, including four-sided fencing, door and window alarms and keeping pool toys away from the water when not in use.

Also, "Everybody in the family needs to know CPR," Webster said. "It's a great responsibility when you have a water feature in your back yard."

For a free complete residential pool inspection by professionals with the Cape Coral Fire Department, families can call 242-3303.

Though it isn't only their own pools families have to think about there are a number of foreclosed homes with abandoned pools in Cape Coral-the city's Code Enforcement workers are doing what they can to keep those pools fenced off and make sure they aren't a hazard to children.

But Code Enforcement has limited resources, and citizens can help by reporting abandoned pools or pools that aren't being cared for in their neighborhoods, Webster said.

"Neighbors should be calling the city and calling Code Enforcement not because they're going to get people in trouble, but to keep people from trouble," he said. "They may be saving the life of a child in their neighborhood by making that phone call."

Webster stressed that swimming lessons are ultimately essential to the water safety of children.

"I don't think it's ever too early to expose them to water safety," he said. "Ultimately, every parent should see that their children learn how to swim and continue taking classes."

Bokeelia nursery owner remembered for generous heart; Services set for Saturday

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 4/24/09

Robert Dean Murray's life may have ended near a Cape Coral canal Wednesday, but the spirit by which he lived remains a thriving memory in the minds of family, friends and the community of Bokeelia, where he was known as a giving and selfless individual.

Murray, 71, and his wife, Vivian, had been married 51 years. The couple settled in Bokeelia in 1972 when they opened Treehouse Nursery, according to their daughter, Lianne Murray.

Robert and Vivian Murray, she said, are well-known for the successful tropical fruit business on Harbor Boulevard and their charity to the less fortunate.

"My mom's dream was to have her own tropical fruit nursery," Lianne said Thursday during a telephone interview with the Cape Coral Daily Breeze. "My father and mother are both kind and generous to people in need."

The Murrays gave truckloads of tropical fruit to victims of Hurricane Andrew in Homestead, Fla., in 1992. They also facilitated various tropical fruit enthusiasts to start successful businesses in the market, she said.

Preliminary police investigations suggest Murray committed suicide. According to reports, he was found by a seawall near the intersection of Diplomat Parkway and Burnt Store Road with an apparent fatal gunshot wound to the head at approximately 9:01 a.m. Wednesday.

Reports state a white Chevrolet car belonging to Murray was discovered on scene and taken into evidence.

"In recent times I think my father was suffering from depression, and my mother was having some health problems," Lianne said. "He didn't want my mom to be the first one to go, and I think that's why he ended his life."

Le Beery, owner of Le's Oriental Cuisine on Pine Island, said the Murrays were friends of hers, and that she is saddened by Murray's death.

Beery said the Murrays are well-known on the island as kindhearted, successful business owners.

"Everybody knows them," she said. "They're really, really nice people. It's really sad."

Murray was born Jan. 5, 1938, in Stuart, Fla. Growing up, he fished and worked at a local fishery to help his parents recover from hard times after the Great Depression.

He served honorably for two tours in the U.S. Air Force, and later became an air traffic controller, a job he held for 22 years. Murray worked at Pagefield Airport in Fort Myers before eventually moving to Bokeelia with Vivian.

He is survived by his daughters, Lianne Murray and Robin White; grandchildren, Daniel Murray, Allison Ramires and Tricia Evans; and four great-grandchildren.

Murray gave speeches and presentations to tropical fruit clubs throughout the area, and many of the fruit trees from Treehouse Nursery are growing in the yards of Lee County residents, Lianne said.

"He's loved and will be missed by many," she said.

Lianne added that hurtful comments about Murray posted by the public on local media Web sites are "heartwrenching," but feels her decision to let people know who Murray was as a person is a positive one.

A public viewing will be held from 11 a.m.-1 p.m. Saturday at Coral Ridge Cemetery, with a funeral service to begin after.

Cape Coral firefighters and others suit up for training in water rescue

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 4/24/09





1.)Dive FTO Mike Bush and safety diver Jason Polar of the Cape Coral Fire Department discuss a mock rescue from a submerged vehicle Thursday.

2.)Safety diver Jason Polar and line tender Mike Sandoval bring to shore a fake baby in a car seat, rescued by primary diver Ryan Connor during a mock rescue from a submerged vehicle Thursday.

3.)Primary diver Ryan Connor and safety diver Jason Polar of the Cape Coral Fire Department enact a mock rescue from a submerged vehicle Thursday.

*Photographs copyright to the Cape Coral Daily Breeze

-----

The baby firefighter Ryan Connor pulled from a submerged vehicle in Crystal Lake in northwest Cape Coral Thursday afternoon was not real.

The vehicle the child car seat sat in was a construction of PVC pipes.

But the water rescue training session left Connor and 11 other firefighters stationed throughout the city prepared to save real lives.

The Cape Coral Fire Department's Dive Rescue Team, with core dive technicians stationed out of Fire Station 2 on Nicholas Parkway, responded to 93 water-related incidents in 2008, according to statistics from the Cape Coral Fire Rescue and Emergency Management Services Marine Committee.

Of those calls, 26 were cars submerged in canals and 24 were drownings or near drownings.

The fire department responded to 79 water-related calls in 2007.

In one scenario during Thursday's training, Connor was the primary diver searching the mock vehicle, while Jason Polar served as a safety diver and Mike Sandoval played the part of line tender.

While searching underwater, Connor can see about 5 feet in front of him, but kicking up silt at the lake bottom often reduces that visibility greatly, causing him to have to work from touch.

"Once you get close to the bottom and reach to touch anything, it all gets black and you can't see anything," he said. "For this scenario we had a car in there. Whatever information you get from dispatch and if there are any witnesses, then you know kind of what you're looking for. We had random objects down there, too, so I couldn't just be looking for a large vehicle."

Connor was armed with a window punch to shatter glass and scissors to cut seat belts or other entanglements, among other tools on his full-body dive suit.

He was able to rescue the mock youngster with the help of his fellow firefighters, but following protocol is as important a factor to his success as quickness, he said.

Reaching in to help save potential victims in the vehicle, Connor was careful not to put his face inside; if he had, a struggling passenger might have accidentally removed his facemask in a real-life scenario.

"Then you become a victim, and someone else has to go in there and rescue you and the person you're saving," he said.

The submerged vehicle drill, along with a separate drill with the mock-drowning of a swimmer, come at the tail end of several days of dive training, including classroom lectures and pool scenarios.

Each trainee was required to act as a primary diver, safety diver, line tender and dive group leader.

"Within 6 minutes is when brain damage starts," said dive field training officer Tim Clark. "The brain can only survive so long without oxygen. Our job is to get on the scene, get the guys in the water, find what we're looking for as fast as we can, get (victims) out of the water and start providing them with emergency medical care. We work on seconds and that's what we try to get them to do. Every second counts."

Currently the fire department has about 55 certified divers, and the training will bring that number up to about 70, said dive field training officer Ryan Corlew.

The department is attempting to replenish the positions of about seven or eight divers it lost to early retirement buyouts, he said.

"The city is so large, with 10 fire stations," Corlew said. "We have rescue swimmer mask, fins and snorkel and rescue diver equipment with a tank on every front-line apparatus in the city. If something happens right now down at the yacht club, there'll be a dive tank there in minutes, and that's the same thing throughout the entire city."

With more than 400 miles of canals in the Cape, the fire department ensures firefighters are trained extensively for water-rescue scenarios.

"There's a lot of water here," Corlew said. "The city of Cape Coral Fire Department might be different from other stations, because we take the water-rescue stuff very, very seriously."

In fact, potential firefighters are required to be comfortable in the water to even be considered for a position in Cape, he said. Those seeking diver certification undergo various tests, including a half-mile swim with dive gear and a 500-yard freestyle swim.

The department usually holds dive training at least two to three times annually.

"Our administration has provided tools and the training for us to have that, and now we're just trying to make sure that we provide that to the citizens with the best resources that we can," Clark said. "We can only accomplish that through this kind of training."

Divers from Upper Captiva Island participated Thursday, and the fire department helps train divers from various stations including Pine Island and Pembroke Pines.

"It's something that other departments are seeing a bigger need for," Corlew said. "And they're respecting and finding out how much we have to offer and how detailed our program is. So, it's working out well."

Taco Bell manager suing Cape over shooting incident arrested for drugs; Authorities: Sold marijuana to undercover agents 4 times

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 4/23/09

Taco Bell manager Paul Price - who, according to lawyers, intended to sue the city of Cape Coral after he was shot during a police stakeout at the fast-food restaurant Feb. 26, 2008 - was arrested for selling marijuana at the same store, according to Lee County Sheriff's officials.

Price's home was raided by sheriff's detectives Wednesday following a monthlong undercover investigation by Vice, Intelligence and Narcotics Division officers. During the investigation, Price reportedly sold marijuana to undercover detectives while working as a manager at the Taco Bell at 11 Hancock Bridge Parkway.

Management at the Taco Bell declined comment to the Cape Coral Daily Breeze Wednesday evening regarding Price's arrest.

As a result of the investigation and subsequent raid of his home at 812 S.W. Sixth Ave., detectives charged Price with four counts of selling marijuana, four counts of possession of marijuana over 20 grams, three counts of using a two-way communication device to facilitate a felony, one count of possession with intent to sell or deliver, and eight counts of possession of drug paraphernalia.

Jail records indicate Price remained in the Lee County Jail Wednesday evening on a combined $40,000 bond.

According to reports, Price sold marijuana to undercover detectives on four separate occasions.

On March 13, detectives reported meeting with Price in the parking lot of the Taco Bell store, when Price sold them $350 worth of marijuana and then entered the building to begin his shift at work.

Detectives met with Price on three other occasions, each time purchasing an ounce of marijuana in exchange for $350, reports state.

Upon receiving a search warrant Wednesday, police raided Price's home and discovered approximately 149.4 grams of marijuana and eight paraphernalia items containing marijuana residue, officials said.

Price was arrested along with Kevin Golding, 28, and Christine Murphy, 38, who also live at the home and were charged with drug possession, reports state.

Lawyers at Lusk, Drasites, Talisano & Smith, who represent Price, could not be reached by telephone Wednesday after regular office hours to comment on the incident.

City and Cape police spokesperson Connie Barron said Price's arrest is being handled through the Lee County Sheriff's Office, and is a separate incident from any legal action pending between Price and the city.

"For now it would not be appropriate for us to make any comment with regard to Mr. Price, due to his impending legal suit," she said.

Man’s body discovered near canal in northwest; Authorities call possible suicide

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 4/23/09

Police discovered the body of 71-year-old Robert Dean Murray, who they say likely committed suicide, by a canal in northwest Cape Coral Wednesday morning.

The body was found northeast of the intersection of Diplomat Parkway and Burnt Store Road at about 9:01 a.m., after a 911 call alerted police to the presence of a body, according to city spokesperson Connie Barron.

Preliminary investigations suggest Murray committed suicide, though police are awaiting the medical examiner's report for confirmation, she said.

Le Beery, a friend of the family, said Murray and his wife, Vivian, live in Matlacha and are well-known for a nursery they own there, Treehouse Nursery.

She said the couple stop in to her restaurant, Le's Oriental Cuisine, daily.

"They're really nice people," Beery said. "It's a sad time."

She said she has not asked Murray's family about his death because she feels it is not her place.

A couple who lives across Burnt Store Road from where the body was found, Robert and Linda Denman, said the area is mostly quiet, and that it is common for people who live outside the area to fish off nearby waterways.

"It's usually pretty quiet at night," Robert said.

Linda said sound travels well in the mostly wide-open area, and the couple's pooch Baby is usually sensitive to strange sounds.

"I never heard anything," she said.

The Denmans, who have lived at their home for about four years, said they found the Wednesday morning incident surprising.

Barron said additional details surrounding Murray's death would be released by the Cape Coral Police Department as they became available.

Police identify man dead after gunshot to head, canal crash

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 4/22/09

A Punta Gorda man, who died in the hospital after suffering an apparent gunshot wound to the head and crashing his vehicle into a marsh off Del Prado Boulevard Monday evening, has been identified by Cape Coral police.

Reports identify the man as Drake Stephenson, 57, an independent contractor from Punta Gorda, who was carrying an Indiana driver's license at the time of the incident.

Stephenson's Chevy Silverado rolled from northbound lanes across the southbound lanes into a marsh on the west side of the 2700 block of Del Prado Boulevard North, reports state.

Officers discovered Stephenson alive but unconscious and nonresponsive with an apparent gunshot wound to his head. He was lying in a pool of blood, they reported.

In Stephenson's lap police found a .22-caliber pistol, wedged between his legs, which was secured into police evidence.

Stephenson was trauma-alerted to Lee Memorial Hospital where he was pronounced dead at approximately 9:32 p.m.

Prior to the crash, police reported Stephenson was driving recklessly in the 600 block of Del Prado Boulevard South.

Officer D. Barbour initiated a traffic stop after spotting Stephenson near Del Prado and Diplomat Parkway, reports state. Barbour reported that Stephenson was "all over the road and that (Stephenson) was slumped over the steering wheel."

Police are continuing a death investigation and awaiting information from the Medical Examiner's Office.

Man to serve life for home invasion shooting death; Attorneys plan to appeal conviction

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 4/21/09

One of five defendants in the 2005 home invasion shooting death of Jose Gomez was sentenced to life in prison Monday afternoon in a Lee County courtroom.

Anibal Morales, 22, was convicted of first-degree murder, two counts of attempted second-degree murder with a firearm and aggravated battery with a deadly weapon by a Lee County jury in early February.

Morales fatally shot Gomez through the heart during a robbery at 18060 Nalle Road, North Fort Myers, in November 2005, according to state prosecutors. Two others were shot, and another man was beaten with a tire iron.

Fort Myers police testified they later found the murder weapon in Morales' car during a traffic stop.

"We believe this case calls for the maximum sentence ... " Assistant State Attorney Andrew Marcus told Lee Circuit Judge Mark Steinbeck during Morales' sentencing hearing Monday, citing the use of firearms to kill Gomez and injure two others.

Steinbeck sentenced Morales to serve three mandatory life sentences and 15 years in prison consecutively for the charges of which he has been convicted.

Morales was the fourth suspect found guilty in Gomez's death.

Co-defendant Dave Gaphoor of Cape Coral was found guilty by a jury Thursday of first-degree murder, two counts of attempted second-degree murder with a firearm and aggravated battery with a deadly weapon.

He will be sentenced June 21 and faces a mandatory life prison sentence.

Miguel Pedraza is currently serving a life prison sentence in the incident.

He is in the process of appealing for a new trial, Marcus said Monday.

Christopher Neuberger was acquitted of first-degree murder, two counts of attempted second-degree murder and aggravated battery in a February jury trial.

Elizabeth Reed, who was initially scheduled to be sentenced Monday, agreed to be a state's witness against Gaphoor and also in an unrelated first-degree capital case in exchange for 10 years in prison and 15 years probation.

Reed pleaded guilty to second-degree murder and attempted home invasion robbery. Her sentencing has been moved to July 27 due to Gaphoor's recent conviction, Pedraza's appeal and other factors pending Reed's cooperation with ongoing investigations.

Morales will appeal his conviction, defense attorneys told Steinbeck.

Cape man guilty on all counts in ’05 shooting death; Jurors deliberate for nearly 4 hours

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 4/17/09

Dave Gaphoor embraced his mother, removed his coat and let the bailiff take his fingerprints after a 12-person Lee County jury found him guilty Thursday of first-degree felony murder, two counts of attempted second-degree murder with a firearm and aggravated battery with a deadly weapon.

Gaphoor has been convicted as a principle in the 2005 shooting death of Jose Gomez, 25, which occurred during an armed robbery in which Gaphoor took part.

Several others were injured, including Rigoberto Vasquez, who state attorneys argued was shot in the stomach by Gaphoor, and later in the arm by co-defendant Anibal Morales; Jose Reyes-Garcia, who was shot in the arm by Morales; and Salatiel Vasquez, who was beaten with a tire iron.

The jury returned from approximately three hours and 45 minutes of deliberations at 8 p.m. with the verdict finding Gaphoor guilty on all counts.

At the tail end of a three-day trial and years of preparation by state and defense attorneys, Assistant State Attorney Andrew Marcus said he believed the jury made the right decision.

"I'm very pleased with the verdict," he said Thursday. "This is a tough case. It was very emotional for the jurors, but I think it was the right decision given the evidence and the facts of the case."

Defense council declined to comment, though assistant public defenders Kathleen Fitzgeorge and Connie Kelly were visibly upset after the reading of the verdict, attempting to comfort family members and friends of Gaphoor.

Tracy Barrett, whose twin sister Stacy Francis is the mother of Gaphoor's young son, said she does not believe Gaphoor is capable of the violent acts depicted by witnesses and the state during the trial.

"I feel like it was the wrong verdict," she said, citing a lack of physical evidence placing Gaphoor at the scene of the robbery. "They couldn't even put him at the crime scene at all. The Lee County Sheriff's department did not do a good job in processing evidence. I really do feel like he was framed."

Due to a lack of what Marcus called "scientific evidence" linking Gaphoor directly to the robbery, jurors were asked to cautiously regard the testimony of co-defendant Elizabeth Reed, who placed Gaphoor at the crime scene, along with that of eyewitness Eduardo Pardo-Martinez and other evidence presented during trial.

"There is no DNA evidence or fingerprint evidence connecting anyone to this crime," he said during his closing arguments. "Does that mean no one did it? Of course not. You cannot turn a blind eye on the facts of this case."

Kelly argued the description Pardo-Martinez gave to detectives better fit co-defendant Miguel Pedraza, who is serving a life prison sentence in Gomez's slaying.

Additionally, she argued, Reed is untrustworthy because she cut a deal with state prosecutors for 10 years in prison and 15 years probation in exchange for a guilty plea and her testimony.

"Elizabeth Reed ... is a liar, but she is not an idiot," Kelly said. "She knew exactly what she had to say, how she had to spin it, when she needed to embellish ... to ensure she kept her deal. The state and law enforcement officers utterly failed in their duty to prove this case beyond and to the exclusion of every reasonable doubt."

Though jurors disagreed with Kelly as to the state being unable to prove its case, Barrett and Francis said they think Reed's testimony cannot be trusted.

"She would say whatever it is they wanted her to say to get her plea deal," Francis said.

She added that she is upset Gaphoor can no longer be there for his son and other children.

"He has a 2-year-old son he's never met until yesterday," Francis said. "(Gaphoor's children) had to hear this awful thing, that their father is gone for life."

Gaphoor was the last of five defendants in the case to stand trial.

In February, Morales was convicted of first-degree murder, two counts of attempted second-degree murder and aggravated battery. The state dropped an attempted home invasion robbery charge against him.

Morales is scheduled to be sentenced Monday along with Reed.

Christopher Neuberger was acquitted of first-degree murder, two counts of attempted second-degree murder and aggravated battery in a February jury trial.

Gaphoor will be sentenced June 21 before Lee Circuit Judge Mark Steinbeck. He faces life in prison.

Co-defendant in ’05 home invasion shooting testifies; Cape man facing life if found guilty

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 4/16/09

Dave Gaphoor, Anibal Morales, Christopher Neuberger, Miguel Pedraza and Elizabeth Reed spent the evening of Nov. 23, 2005, driving around in a Ford Expedition, sniffing cocaine, smoking marijuana and scouring Lee County for a group of Hispanics to rob at gunpoint.

That is the picture Reed painted Wednesday as she took the stand against Gaphoor in day two of his trial in the slaying of 25-year-old Jose Gomez.

Gaphoor faces a life prison sentence if convicted of first-degree murder, two counts of attempted second-degree murder, one count of aggravated battery and one count of attempted home invasion robbery.

He is accused in a break-in at 18060 Nalle Road, North Fort Myers, that led to Gomez being shot through the heart and several others injured.

When Reed was arrested in January 2006, she faced the same charges Gaphoor is facing.

However, Reed agreed to testify as a state's witness not only against Gaphoor, but also in an unrelated case, in exchange for a lighter prison sentence - taking the death penalty or life sentence off the table.

Reed now faces 10 years in prison and 15 years on state probation for second-degree murder and home invasion robbery. She will be sentenced Monday.

Initial statements Reed made to Lee County Sheriff's detectives indicated Pedraza was not involved in the robbery.

She later admitted Pedraza suggested a robbery of the Nalle Road home because his uncle, Rafael Tinoco, housed 17 Hispanic construction workers there, testimony revealed.

"As long as you testify to what (state attorneys) expect, you feel you've upheld your part of the bargain," Kathleen Fitzgeorge, Gaphoor's defense attorney, told Reed.

Fitzgeorge asked if Reed changed her statement at the whims of the State Attorney's Office, "because you believed it was in your best interest."

Yes, Reed said, it was in her best interest to testify, but her testimony was truthful whereas her statements to detectives were meant to protect Pedraza.

Reed testified that she, Gaphoor, Morales, Neuberger and Pedraza drove to the home close to midnight and parked in a driveway across the street. Gaphoor, Morales and Neuberger committed the robbery, while she and Pedraza waited in the car.

That is when Reed heard gunfire, she said.

"I lost count after ten (shots)," Reed said.

When Gaphoor, Morales and Neuberger returned to the car they called the robbery a "waste of time" and the five left the crime scene, she testified.

But what was left behind for detectives to find was the body of Gomez, shot through the heart, foot and ankle, along with several injured and scared construction workers and a house riddled with bullet holes and spent ammo, detectives testified.

Medical examiner Robert Phalzgraf testified that an autopsy revealed the shot through Gomez's heart, which traveled through his diaphragm and liver before exiting from his lower back, killed him.

"It's my opinion that (Gomez) died of a gunshot wound to the chest with a perforation to the heart," he said.

Morales was convicted of first-degree murder, two counts of attempted second-degree murder and aggravated battery in February. The state dropped an attempted home invasion robbery charge against him.

Morales also is scheduled to be sentenced Monday.

Neuberger was acquitted of first-degree murder, two counts of attempted second-degree murder and aggravated battery in a February jury trial.

Pedraza was found guilty of first-degree murder and sentenced to life in prison.

Gaphoor's trial resumes today at 9:30 a.m.

Trial opens for last defendant in 2005 homicide; Five charged for home invasion

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 4/15/09

A Cape Coral man is the last of five defendants accused in a 2005 North Fort Myers murder to face trial.

Dave Gaphoor, 26, of 3003 S.W. Santa Barbara Lane, began trial before a 14-person Lee County jury Tuesday.

Gaphoor is charged with first-degree murder, two counts of attempted second-degree murder, one count of aggravated battery and one count of attempted home invasion robbery in a Thanksgiving Day break-in that left Jose Gomez, 25, shot to death and others injured.

Gaphoor faces a possible life sentence if convicted.

The home invasion and slaying happened at 18060 Nalle Road, where approximately 11 to 16 employees of Fort Myers construction company Carpentry Houses stayed while they worked on various projects, testified the home's owner and owner of Carpentry Houses, Rafael Tinoco, Tuesday.

Gomez was one of several workers staying at the home when Gaphoor allegedly entered the home with a revolver, along with two co-defendants also alleged to have been armed with weapons.

Anibal Morales, Christopher Neuberger, Elizabeth Reed and Miguel Pedraza were also charged in Gomez's death.

Morales was convicted of first-degree murder, two counts of attempted second-degree murder and aggravated battery in February. The state dropped an attempted home invasion robbery charge against him.

Morales is scheduled to be sentenced April 20.

Neuberger was acquitted of first-degree murder, two counts of attempted second-degree murder and aggravated battery in a February jury trial.

Pedraza was found guilty of first-degree murder and sentenced to life in prison.

As part of a plea agreement, Reed pleaded guilty to second-degree murder and attempted home invasion robbery in March.

She will be sentenced April 20.

Several occupants who were in the home the night Gomez was killed testified Monday that they and their co-workers were battered, robbed at gunpoint and shot at.

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

Teen saves pets from house fire; Neighbors battle blaze till CCFD arrives on scene

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 4/14/09

Neighbors account that while they tried to extinguish flames raging up the side of a south Cape Coral home Monday afternoon, a teenage boy within the home was able to save three chihuahuas and a parrot.

A house fire near Cornwallis Parkway broke out when an enflamed shed area adjacent to the home caught fire to the roof at about 1:20 p.m., according to city spokesperson Connie Barron.

No one was injured and the fire was put out by local firefighters by 1:51 p.m., she said.

Homeowners Carl Cannady and Teri Washam, who live in the house with their sons, Will and Ryan, were not home when the fire broke out, neighbors said.

The homeowners declined to comment Monday.

Will was home because of spring break, said neighbor Gary Skwarek.

Skwarek said he called 911, and estimated the flames to be about 20 feet high after what he thought might have been the air conditioning unit exploding.

As Will saved the animals in the home, a construction worker several homes away rushed to put out the flames with a garden hose, while neighbor Paul Claus tried using his home fire extinguisher.

"You do what you can to help," Claus said. "If I'd have had two or three of those (fire extinguishers), I'd have had that thing out. The flames were going up, under the eave, out and straight up."

Claus and Skwarek agreed that their community is a tight-knit bunch.

Skwarek said he was also impressed with the fire department's response time.

"They were here real quick," he said. "Everything worked out, nobody got hurt. That's the important part. The other things you can replace."

The cause of the fire remained under investigation by the State Fire Marshal's Office Monday, Barron said.

Man injured saving puppies from burning building

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 4/11/09

A fire at a Cape Coral business left one man injured as he rushed to save the lives of several pitbull pups which were housed in the building early Friday morning.

The fire, which engulfed Robert Volk II's 2004 Dodge Durango and spread to the roof of Volk Electric, Inc., caused about $175,000 in damages and destroyed approximately 25 percent of the building at about 6:04 a.m., according to city spokesperson Connie Barron.

The business is located at 2215 N.E. 10th Terrace. There are no adjacent businesses or homes, and the fire did not cause any additional damage to the area.

Volk II, the son of owner Robert Volk, burned his arm trying to save a mother pitbull and seven puppies. He was taken to the Cape Coral Hospital to be treated for his injuries.

Between Volk II and firefighters, the animals were rescued unharmed.

"(Volk II) got second- and third-degree burns on his arm," Volk said of his son. "When he came out of the building it was so hot that his flesh just drooped off."

Volk II said he had stayed in his father's business the night before because his home was recently foreclosed upon, and woke to find his truck and the business in flames.

After his attempts to stifle the blaze with buckets of water failed, Volk II saved the puppies and was burned in the process.

"It was burning real bad when I came out with the dogs," he said. "The firefighters said the flames were about 1,500 to 1,600 degrees. It melted my skin."

Volk II didn't feel the pain from his injuries at first, but couldn't go back in to save the puppies' mother because the flames had reached the entrance to the business, he said.

Firefighters later rescued the dog.

Though the State Fire Marshal's Office would not say whether they considered the fire suspicious Friday, Volk and his son seemed assured the incident was caused by arson.

"Apparently somebody had lit the car on fire and that caught the building on fire," he said.

Volk II's Durango had also been burglarized prior to the fire, Volk said.

Volk II said he and his father had evidence supporting that the incident was caused by arson.

"We got whoever did it on camera," he said of the business's video surveillance system. "I don't know the guy personally, but it was a younger guy."

As for where Volk II would stay now that his belongings, vehicle and part of his father's business were destroyed, he said he'd likely stay with his girlfriend or family while he sorted out the incident with his insurance.

Volk Electric, Inc. has been housed at its current location for about two years, though the company has been in business in the Cape for nearly 15 years.

Volk said he has no plans to move the business because of the fire.

"Fortunately this side of my shop that my business works out of is still intact," he said. "We're probably going to have to take off about five or six trusses and reroof that part of it and just redrywall it."

The fire is still under investigation by the State Fire Marshal's Office, officials said Friday.

Police: News station receives hate mail involving racist art and music

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 4/10/09

Southwest Florida news station WFTX-TV "Fox 4 Now" received a hate mail package Wednesday afternoon, though no disgruntled viewers were to blame.

The package contained racist artwork, music and writing from an unknown individual seeking promotional publicity from the station.

The Fox broadcast station, located at 621 S.W. Pine Island Road, turned the package over to Cape Coral police, who continued to investigate the incident Thursday night.

Included in the package were a three-page letter explaining "that the writer was not happy with Black citizens integration and also that he is an artist that wants to market Klan type art"; a drawing of a woman holding a meat cleaver and wearing a KKK outfit; and a music CD "encouraging white supremacy," according to a police report.

"His intent was that we'd put him on air," said station marketing director Brent Struense of the sender. "The bottom line is, it is not our position, we do not share the position of this correspondence, and we're not going to publicize it."

The package's sender identified himself as a Klan artist named Richard M. Peak of Fort Myers, though neither the Cape police nor the Lee County Sheriff's Office had any records of the name in their databases, the police report states.

"We get quite a few strange type correspondences from viewers," Struense said. "This is the first time since Journal Broadcast Group has owned this station that we've seen anything of this nature.

"Anything that would be of that type of nature, yes, we would turn it over to the police," he added.

Cape police are actively investigating the incident, though it is unclear what legal action would be taken if the individual who sent the package was found, city spokesperson Connie Barron said Thursday.

However, Fox employees took the correct course of action in alerting police, she said.

Police encourage any citizen or local business who is sent these types of materials to contact the Cape Coral Police Department.

"If anyone receives any mail or messages that causes them to feel threatened in any way shape or form, they should always contact the police department whether it turns out to be something or not," Barron said.

The Fox broadcast station had never previously received mail from anyone named Richard Peak or a similar name, police reports state.

Cape woman accused of stealing truck after walking to gas station; Police: Was intoxicated, had a suspended license

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 4/9/09

A Cape Coral woman with a suspended license walked to a local gas station and stole a truck Tuesday while under the influence of alcohol, according to police reports.

Dayme Martinez, 26, of 910 S. Santa Barbara Blvd., was arrested and charged with grand theft of a motor vehicle, driving with a suspended license and DUI.

She was being held in the Lee County Jail on a combined $30,000 bond Wednesday evening, jail records indicate.

Martinez reportedly told police she left her home at about 10:37 p.m. on foot after an argument with her mother, and walked to a Hess gas station at 1020 Santa Barbara Blvd. S.

While at the gas station, Martinez stole a Dodge Durango pickup truck left unlocked and running in the parking lot, she reportedly said.

Police spotted Martinez driving the vehicle and attempted to conduct a traffic stop, following her as she turned onto several streets and eventually stopped at a home on Southeast 25th Terrace.

Martinez reportedly said she had been drinking earlier that evening.

Officers noted in their report that Martinez had "a strong odor of alcoholic beverages coming from her breath," and that her eyes were bloodshot and glassy. Her movements were slow and uncoordinated, and she was swaying from side to side.

Police said Martinez's driver's license had been suspended due to prior driving infractions, which Martinez reportedly admitted she knew.

The owner of the truck arrived on scene and identified it as belonging to him. He told police he would like to press charges against Martinez.

She was initially charged with grand theft of a motor vehicle and driving with a suspended license, and was later charged with DUI following additional testing, police said.

She was taken to the Lee County Jail in apparent good health, the reports state.

Report: Cape man strangled girlfriend during argument; She ‘wouldn’t shut ... up,’ he stated

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 4/8/09

Matthew Gullett told a witness he strangled his live-in girlfriend and put her body in an adjoining apartment bathroom, according to an arrest report released Tuesday.

Gullett, 26, reportedly admitted to an individual, whose name was redacted from police documents, that he had strangled Shannon Sweet, 27, during an argument because she "just wouldn't shut the (expletive) up."

The couple may have been arguing about drugs and money, documents state.

Police discovered Sweet's body in an efficiency shower stall, covered with a blow-up mattress, at 4921 Coronado Parkway on March 30 after a neighbor reported a strong odor.

The Medical Examiner's Office has determined Sweet's death was caused by strangulation, officials said. She was found with a belt and pants wrapped around her neck.

From the condition of Sweet's body, police determined she had been dead for "more than a few days; more likely closer to a week," reports state.

An arrest warrant was issued for Gullett and he was detained by the Muskingum County sheriff's deputies at an Ohio hotel Friday after being injured by gunfire in the incident.

He faces second-degree murder charges when returned to Florida.

Police said Gullett stole Sweet's car, which he later wrecked in a DUI accident. During his treatment at Lee Memorial Hospital for injuries sustained in the crash, Gullett allegedly fled the hospital.

Gullett later stole and wrecked a truck belonging to his father, Glenn Gullett, according to an investigation by the Lee County Sheriff's Office.

He also had reportedly stolen a ".380 firearm and various electronics" from his father's home and left behind various papers and clothes.

The witness said Gullett told him about the killing on March 27, at which point Gullett reportedly already had possession of his father's truck.

The witness said he did not believe Gullett killed Sweet at the time because "Gullett had talked in the past about how Shannon drove him crazy and how he wanted to kill her, but (the witness) believed it was just the aggravation talking."

The witness detailed a weekend trip to Englewood, where Gullett dropped him off at a friend's home in his father's truck, and later returned to the home in a white Cadillac.

Police found Gullett at the Best Value Inn at 4925 E. Pike in Zanesville, Ohio, after deputies spotted the 1995 Cadillac El Dorado which was reported stolen.

"Based on the information gathered and obtained, it is believed that Matthew F. Gullett strangled and killed Shannon Sweet on Tuesday 3/24/09," Cape Coral detective Christy Jo Ellis wrote in a document warranting Gullett's arrest.

First-time Downtown Street Market vendors share their love of art

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 4/6/09

For Jim and Abe Schantz, owners of local father-son framing company "Florida Framing," Saturday marked their first time at the ever-popular Downtown Street Market on Southeast 47th Terrace, though the two have been framing and enjoying nautical art for a number of years.

The two had set up their booth in the morning sun from about 8 a.m. to 1 p.m., displaying various framed and matted pieces of nautical and various other kinds of artwork as Abe told passers-by, "Your price is our price." In some instances that meant free.

"It's kind of my feeling that everybody should have art that they enjoy," Jim said. "Rich people can afford art, but the everyday man should be able to have art also."

Being of Native-American heritage, Jim said giving back is a big part of his philosophy on life.

So is being kind to the environment; Jim prides Florida Framing as being a "green" and "Eco-friendly" framing company.

"I recycle as much as I can so the price is affordable," he said.

Jim's interest in nautical art started with a serious boating injury, when the boom of a sailboat caused him to break his neck about ten years ago. The injury left him unable to get back on the water as he recovered.

"A friend suggested I start collecting nautical art," he said.

Jim and Abe also own "Nautical Art," a company in their hometown of Glenview, Ill., where they stay seasonally.

The Schantzes displayed and sold their work Saturday among over 80 vendors of antiques, artwork, gifts and collectables, but that didn't keep them from selling or giving away 50 framed pieces of art by about 12 p.m.

"I'm amazed that more art has been sold of non-nautical (art)," Abe said.

He said most of what was selling seemed to be floral or classical art, but that they also had Hawaiian and Buddhist works for sale.

Jim said he hoped to sell his home in Glenview and move permanently to the Sunshine State in the future.

"What's not to like?" he said. "It's paradise."

Florida Framing, which is based out of the den of Jim's Cape Coral home, is also involved in a framing project with Unity Church in Fort Myers.

Though Saturday's street market event marked the the last of this season, "We'll do it next year for sure," Jim said.

For more information on Florida Framing call (874)471-8152 or emial to jshandyman@sbcglobal.net.

Bunny makes early stop at Cape’s annual Easter event

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 4/6/09

Some Cape Coral children were lucky enough to see the Easter Bunny. In one respect, they were lucky to be able to partake in traditional Easter activities such as hunting for eggs and creating arts and crafts to take home to their families. But they were also lucky because they got to meet the Easter Bunny Saturday morning, a week earlier than the hopping basket-bringer usually stops by.

The bunny made a special stop to the Four Freedoms Preschool for this year's annual "Morning with the Bunny" event, hosted by the City of Cape Coral Parks and Recreation Department.

The event kicked off at about 10 a.m. with a continental breakfast after which about 20 local youngsters ages 3 to 8 years old designed Easter art from construction paper and other craft items, searched for eggs and had a chance meeting the the Easter Bunny.

Brianna Longo, 4, was one local youngster who partook of the activities.

"She enjoys it," said Brianna's father, Angelo Longo. "I think she's having a great time. She loves doing stuff at home like coloring, crafts."

Angelo's 1-year-old son, Nicholas, was too young to come this year, he said.

The Longos, who moved from New York three years ago, will celebrate Easter Sunday together with a holiday supper, Angelo said.

The fun morning's participants were pre-registered so the group of children was a bit smaller compared to an open event, said coordinator Lynda Carollo.

"It's really nice because it's not a massive amount of people," Carollo said. "It's more quaint."

The children had more individualized attention during the event because of the attendance size, she said.

"It's improved a little bit," she said of the event, which had been held annually as long as 19 years and possibly longer. "Now every egg they find has a prize in it and they all get a basket at the end."

Three Mariner High School students also volunteered to help hand out Easter baskets and balloons, as well as dress up as spring's most recognizable bunny.

Bobbie Marino and Solby Maldonado, seniors, and Daisy Ruiz, a junior, participated in the event as part of Mariner's Volunteens program. The Volunteens volunteer their time to help with various events throughout Cape Coral including Jazz in the Park and the annual Dad and Daughter dance.

"The events are fun," Marino said. "You get to work with little kids a lot."

Ruiz dressed up as the Easter Bunny and posed for photographs with the attending youngsters.

"They're so cute," she said.

Man wanted in Cape slaying shot by Ohio deputies; Suspect critical; no one else injured

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 4/4/09

A Cape Coral man wanted in connection with the slaying of his girlfriend was detained by sheriff's deputies at an Ohio hotel Friday after a struggle that led to his being wounded by gunfire.

Matthew Gullett, accused of killing Shannon Sweet in their Cape Coral apartment, was found at a Best Value Inn at 4925 East Pike in Zanesville, Ohio.

Gullett was shot during a struggle with deputies in the parking lot there, according to Muskingum County Sheriff Matthew Lutz. He was taken to Grant Hospital in Columbus where he was in critical condition Friday evening, Lutz said.

No Sheriff's Office personnel were hurt.

Local police had contacted authorities in Ohio, telling them to be on the lookout for the stolen 1995 Cadillac El Dorado Gullett was believed to be driving, Lutz said. He said Gullett was a former resident of Zanesville.

In July of 2003 in Zanesville, Gullett was sentenced to serve four years in prison for burglary, grand theft auto and theft under $500, according to court documents. In 2005, Gullett was placed on three years of community control and was required to complete a Licking-Muskingum Community Correction Program, which he completed July of that year, documents state.

Documents also state Gullett was later found to have violated his probation by testing positive for cocaine, associating with a sexually-oriented offender, violating curfew and failing to make regular reports to Probation Supervisor Wil Champlin.

Deputies spotted the stolen Cadillac Friday at the hotel and attempted to clear neighboring rooms, however Gullett fled, which led to the struggle, officials said.

Cape Coral police have issued a warrant for Gullett's arrest for second-degree murder in the death of Sweet, whose body was found in their apartment at 4921 Coronado Parkway, Unit 3. Officers discovered Sweet's body Monday morning and deemed the death a homicide. Two Cape Coral detectives left Friday for Ohio following Gullett's apprehension, officials said,

Lutz contacted the Bureau of Criminal Identification and Investigation to conduct an independent investigation into the shooting.

Woman accused of setting fire to Cape Coral home

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 4/4/09

A Cape Coral woman intentionally set fire to a Cape Coral rental home Tuesday morning, according to an investigation by the State Fire Marshal's Office.

Dawn Marie Cinelli, 44, was charged with 1st-degree arson Friday after admitting to state investigators she had set fire to a bed in the home, located at 1770 Emerald Cove Circle, said city spokesperson Connie Barron.

Cinelli rented at the home with Brian Derby, though Cinelli was the only person in the home when the fire occurred at about 2:21 a.m., officials said. Neighbors said Derby and Cinelli had been renting at the home for approximately six months before the incident.

After 18 local firefighters and six fire units put out the fire, which had fully engulfed the home and caused about $200,000 in damages, they contacted the Lee County Arson Task Force and the State Fire Marshal's Office to investigate the suspicious nature of the fire, Barron said.

"As a result of that investigation, the cause of the fire was determined to be arson," Barron said.

Cinelli did not respond to an interview request by the Breeze.

During an interview between Cinelli and investigators, Cinelli reportedly admitted to setting fire to a bed in the home. Information as to a possible motive for the fire was not available Friday evening.

Cinelli initially told firefighters she awoke to a smoke alarm and fled the home.

Next-door neighbors Charles and Barbara Polandick called 911 after Cinelli knocked on their front door asking for help, they said.

"I feel sorry for her, I really do," Barbara said of Cinelli Friday, after hearing of the alleged arson. "I hope she gets the help she needs in prison. I seem to think I guess a lot of people do things in rage. I don't know, maybe there's more to her life than we know."

The Polandicks watched from outside Tuesday morning as the fire raging in Cinelli's home licked at their house, at 1768 Emerald Cove Circle.

The flames melted a water purifier system that will cost the Polandicks $3,000 to replace, a phone box and roof tiles, as well as burned palm trees that will likely have to be removed, Barbara said.

Now the couple is going through the process of getting quotes for the roof damage and possibly being forced to file a claim with their insurance company, with a $1,000 deductible, she said.

"I said, 'Why should I file a claim?'" Barbara said. "I'm not the one who burned my house down, practically."

Despite the monetary headaches the fire has caused her, Barbara said she's relieved no one was hurt and that the Cape Coral Fire Department acted quickly.

"I can't thank the Fire Department enough for saving my home," she said. "I'm just glad (Cinelli) woke up when she did."

The homeowners, Lawrence and Catherine Dluhos of North Fort Myers, said they didn't know Cinelli or Derby because the home was rented through a managing agency. The Dluhoses are in the process of filing a claim with their insurance company.

Cinelli was held in the Lee County Jail Friday evening without bond, according to jail booking records.

If convicted, Cinelli faces a possible maximum 30 years in prison for the crime.

Cape man guilty of DUI manslaughter in 2005 crash; Verdict reached in less than an hour

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 4/3/09

A Cape Coral man was found guilty Thursday on multiple felony counts for a 2005 crash that left one person dead and two others hospitalized.

A Lee County jury convicted Bradley Todd Hill, 39, in connection to the death of Hilary Walters, 32, of Cape Coral. He was found guilty of DUI manslaughter, vehicular homicide, DUI causing property damage and two counts of DUI with serious bodily injury, according to State Attorney's Office spokesperson Samantha Syoen.

After several days of trial before Lee County Senior Circuit Judge Jack Schoonover, the jury found Hill guilty on all counts after only 56 minutes of deliberation, she said.

The case was prosecuted by Assistant State Attorney Orion Wright.

On Oct. 8, 2005, Hill ran a red light at Santa Barbara Boulevard and Trafalgar Parkway while under the influence of alcohol, slamming into the side of a Chevrolet Camero.

The driver of the Camero, Rachel Daniels, 29, of Cape Coral, and passenger Bradley White, 35, of New York, were injured in the crash. White, who was ejected from the car during the collision, and Daniels were taken to Lee Memorial Hospital and later released.

Walters, the rear seat passenger in the Camero, also was ejected during the crash. She died on scene from her injuries, according to officials.

Hill claimed at the time of the accident that he had the right of way and did not run a red light.

Syoen said Thursday that Hill remains in police custody without bond.

A sentencing date had not been set.

Police: Man exposes self to young girl

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 4/3/09

A Cape Coral man is accused of lewd and lascivious behavior involving a 9-year-old girl.

Cape police have charged Donn Ahern, 74, of 5235 Coronado Parkway, Apt. 1, with lewd and lascivious exhibition with a victim younger than 16 years of age.

Ahern remained in the Lee County Jail on $50,000 bond Thursday evening, according to jail booking records.

The victim told her father that Ahern had exposed and touched himself in her presence on multiple occasions, city spokesperson Connie Barron reported. She asked her father sexual questions as well, and her father contacted Cape police with the allegations Feb. 14.

The Lee County Sheriff's Office served a warrant for Ahern's arrest following an investigation by the Children's Advocacy Center and Cape detectives.

Barron said the investigation revealed probable cause for Ahern's arrest.

Cape police ask for help in locating accused killer

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 4/3/09

Police are asking for the public's help in locating a man accused of killing his girlfriend in their south Cape Coral apartment.

Matthew Franklin Gullett, 29, is being sought for the second-degree homicide of Shannon Michelle Sweet, 27. Her body was discovered by police early Monday morning in the couple's apartment at 4921 Coronado Parkway, Unit 3.

Police have not yet released the manner in which Sweet was killed.

They are asking anyone who has knowledge of Gullett's whereabouts to contact the Cape Coral Police Department at 574-3223 or Southwest Florida Crime Stoppers at (800) 780-TIPS (8477).

Gullett is described as a white male, 5 feet 10 inches tall, weighing about 160 pounds. He has brown hair and brown eyes, and a "white pride" tattoo on his stomach. He may be driving a stolen 1995 white, two-door Cadillac El Dorado with Florida tag RDSTWRT.

Southwest Florida Crime Stoppers is teaming up with Cape police in attempting to locate Gullett and take him into custody, according to city spokesperson Connie Barron.

Tipsters who assist police in the case by using the Crime Stoppers hotline may be eligible for a cash reward of up to $1,000.

Authorities open investigation into morning house fire; Incident is suspicious

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 4/1/09

The Lee County Arson Unit is investigating a suspicious house fire at 1770 Emerald Cove Circle that occurred early Tuesday morning.

The home was completely destroyed in the fire, which firefighters responded to at approximately 2:21 a.m., according to city spokesperson Connie Barron.

Fire department officials estimated $200,000 in damages.

A single female resident escaped the fire after waking to the smoke alarm, Barron said.

Nextdoor neighbors Charles and Barbara Polandick called 911 when the resident, who they said is named "Dawn," knocked on their door for help.

"That house got engulfed so fast, I don't know what happened," Barbara said. "I was across the street and it looked like my house was on fire."

Their house was not on fire, but the flames were so large they were blown by the wind from the roof of the flaming house over the Polandicks' roof, only feet away.

The fire melted a water purifier and telephone box, as well as caused roof damage, Barbara said.

"That fire was too far gone to help anything," Chuck said. "It was unbelievable. The fire department and police department should be commended highly. The city of Cape Coral should be very proud of these people."

He said Dawn had been renting the home with another person for about six months prior to the fire, but only Dawn was in the home when it erupted in flames.

Chuck said he and his wife know the two only through brief interactions, however they are generally nice people.

It took 18 firefighters and six fire units about an hour to put out the fire. No other homes were damaged and no one was injured in the incident, Barron said.

"It's the first fire in this whole community since it was built," Chuck said.

The Polandicks have lived in the Emerald Cove gated community for six of the 13 years since it was established.

The Lee County American Red Cross is assisting the resident of the burned home by providing her with food, clothing, shoes and a place to stay at a local hotel, according to spokesperson Colin Downey.

"Our volunteers are trained to identify specific needs in each situation," he said. "This is a pretty typical response by the Red Cross."

Downey said for a family of four involved in a single-family structure fire, the Red Cross typically distributes about $1,000 to $1,500.

Residents can help the Lee County American Red Cross continue to support those in need in times of disaster by visiting: arclcc.org or by calling 278-3401.

Lawrence and Catherine Dluhos of North Fort Myers own the property. However, they rented it out through a management company so they do not know much about the renters, Catherine said Tuesday afternoon.

"We're just working with the insurance company," she said.

Catherine said she is glad no one got hurt as a result of the fire.

"That's the important thing," she said.

The cause of the fire has not yet been revealed.

Police search for suspect in death investigation; Boyfriend accused of homicide

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 4/1/09

A body discovered in a Cape Coral home Monday morning has been identified by police as 27-year-old Shannon Michelle Sweet.

A warrant for the arrest of Sweet's live-in boyfriend, Matthew Franklin Gullett, 29, has been issued. He is wanted on the charge of second-degree homicide.

Sweet's decaying body was discovered by police in a unit of the apartment building at 4921 Coronado Parkway at about 7:56 a.m., after a neighbor reported a foul odor coming from the unit, according to city spokesperson Connie Barron.

Sweet and Gullet lived in Unit 3 of the building, she said.

At the time the police department had ruled Sweet's death suspicious, but had not indicated it was a homicide.

The manner in which Sweet was killed had not yet been revealed Tuesday night.

Barron said the condition of Sweet's body initially made it difficult for the District 21 Medical Examiner's Office to identify her.

Gullett's whereabouts were unknown as of Tuesday night.

Police are asking anyone with information about his location or the case to contact the Cape Coral Police Department at 574-3223 or Southwest Florida Crime Stoppers at (800) 780-TIPS (8477).

Brandon Thornburg, a resident who lives at a neighboring apartment building, told the Cape Coral Daily Breeze on Monday that he had met a "Matt" the previous Saturday and knew Matt had a girlfriend, "Shannon," whom he had never met.

"He came over and asked me if I had a cigarette," he said. "He asked me how much I paid for my apartment. I was drinking a beer, but he said he doesn't drink."

Thornburg said he knew another resident of the apartment building, "Ginny," who told him she had smelled the decaying body and was at the police station talking with officers Monday afternoon.

According to police documents, Ginny Lee is a resident of the apartment building where Sweet's body was found.

Lee did not immediately return phone calls seeking comment.

A previous death in the same apartment building occurred in June, according to police documents.

Barron said the 2008 death was caused by a drug overdose.

Documents show the deceased was a former resident.