Friday, July 31, 2009

DCF official: Man threatens to bring gun to local office; Reportedly upset over food stamp application

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 7/31/09

A man threatened to bring a gun to a local Department of Children and Families office Thursday morning because he was upset about his food stamps application, according to DCF officials.

The client was in the Fort Myers DCF building when he made the threat, according to agency spokesperson Erin Gillespie.

"He said it directly to a staff member, over the phone," she said.

The man hung up the phone and left shortly after. Per policy, the agency contacted the Fort Myers Police Department, who is investigating the case.

"We contact law enforcement if we feel we have a threat to our staff," she said.

Though DCF has encountered belligerent clients in the past, Gillespie said she is unaware of previous threats of this nature.

Hundreds of people apply for food stamps at the local DCF office daily.

However, the Fort Myers office's staff performance exceeds the expectations of federal and state standards, Gillespie said.

Federal standards require responses to food stamp applications within 30 days, while in Lee County the average is 13 days.

"Our workers are busy but we understand how important it is for people to get help, so there's no problem with our process here," she said.

Gillespie said the threat and subsequent investigation by law enforcement will not have a bearing on whether the man is issued food stamps.

Tuesday, July 28, 2009

Yacht Club celebrates Cape Parks & Recreation Month; Annual event showcases all the fun the city has to offer

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 7/27/09

The Yacht Club beach bustles daily with swimmers, anglers, athletes, young and old alike, perhaps striding down the pier or sitting in the summer sun.

The riverfront area is representative. Parks and outdoor recreation are a year-round staple of Southwest Florida, something residents feel compelled to enjoy.

That's why the city of Cape Coral celebrates "July is Parks & Recreation Month" each summer.

Saturday, the Yacht Club took part in the month-long celebration by holding an event with both outdoor and indoor activities. The event featured a bicycle safety course, arts and crafts, lifeguard rescue demonstrations and and an ice cream and cake social in the Tony Rotino Senior Center.

"There are so many great activities and programs put on by parks and rec," said recreation specialist Coby Palner. "With the time of year when people come down from up north, and just being residents, they look forward to it. It's a weekend to go out and be with their kids. Families come together and have a better time because they're able to do activities together."

About 40 to 50 people participated in the arts and crafts event, as well as the ice cream and cake social, while about a half-dozen took part in the bike demo.

"The kids are riding up and down the streets at home, and now they appreciate how to properly put on a helmet, how to actually ride and look left and right for safety," Palner said of the bike course.

"With the arts and crafts activities, it's a lot better to spend time and actually do a craft with your child because it's more rewarding," he said. "With the three different areas and the Yacht Club in general, having so many people come each day, it's just a great event and atmosphere."

Walter Rosado, a seven-year Cape resident, visited the Yacht Club for the first time since his move to the area Saturday. He watched 18-month-old Nicholas totter across the playground while the toddler's brother and sister, both 18, swam nearby at the beach.

"In the past couple years they've made a lot of great improvements," Rosado said. "I'm impressed. I came down here to check out the launch ramp, and I realized they expanded farther down. I wouldn't mind coming here. It's a lot closer than having to go to Fort Myers Beach."

Rosado admitted, not having been to many of the parks around Cape Coral, he'd need to do some exploring. Nicholas, he said, enjoyed the outing.

Native plant sale good for the environment, good for planters

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 7/27/09

Native plant sellers towed their trees, shrubs and flowering plants to Rotary Park Saturday morning, hoping to share their horticultural passions with Cape Coral residents during one of the city's periodic native plant sales.

At least 100 or so varieties of native plants, grown and sold by about a half dozen vendors, lined an open expanse of the park typically used for the sales.

"There were fewer (buyers) this time, but there were good deals to buy," said volunteer naturalist 'Botany' Bob Dennis. "The suppliers here have very healthy materials, and that's good."

Dennis said native plants are enticing to Florida residents because they attract butterflies and birds, don't require frequent watering and don't suffer from some of the diseases and problems of non-native plants.

"It's really a good deal for the natural environment and it's a good deal for the Florida homeowner because they can go away and leave these plants and when they come back they're still healthy and good," Dennis said.

Nectar and milkweed plants are popular because, "It takes a combination of both those to attract butterflies," he said. "There's a lot of interest in that."

Also notable were varieties of Bonsai plants and hedge plants.

"In Cape Coral, a good hedge plant makes for a really good neighbor," Dennis said.

Dennis said native plants are typically sold at the Rotary Park in April and July because the rainy season is the best time to plant them.

Though Cape residents John Murray and Rimma Vizhgorodsky didn't purchase any plants--they'll be out of town temporarily and wouldn't be able to care for them--they did gain perspective on what types of plants they'd like to buy in the future.

"You want all the stuff you see up north and in other countries and all, but not all of it grows here," Murray said. "You have to find out what are the Florida native plants, the drought tolerant ones and the ones that can live in the rain."

Murray and Vizhgorodsky have lived in Southwest Florida for about five years, and have visited the native plant sale once before.

"We're interested in natural plants and flora to see what's better planted in Florida," Vizhgorodsky said. "I love all kinds of plants, Orchids especially. I think it's very calming, potting and planting and discovering different things and trying to criss-cross different breeds."

The two said they'd likely return when the Cape holds its next native plant sale.

Friday, July 24, 2009

Cape citizen guilty in federal IRS case; Faces 5 years in prison max and $250,000 fine

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 7/23/09

A local muscle car dealer pleaded guilty to federal crimes against the Internal Revenue Service in a Fort Myers U.S. District courtroom Wednesday.

James H. Rose Jr., a Cape Coral resident and owner of Rose Motorsports Inc. in Fort Myers, pleaded guilty before U.S. Magistrate Douglas N. Frazier to one count of causing a nonfinancial trade or business to fail to file a report relating to the receipt of currency.

Documentation of a plea agreement between Rose and the United States government indicates that he agreed not to file the appropriate paperwork on a cash transaction by an undercover IRS agent Oct. 3, 2007.

The agent agreed to purchase a 1972 Oldsmobile Cutlass for $14,450, but said he wanted to pay cash and did not want paperwork filed with the IRS.

According to documents, the agent told Rose during the transaction process, "I ran into some problems a couple of years ago with the IRS. I don't want any more problems with them."

Documents state that Rose accepted the terms of the purchase, telling the agent to "put any amount" on a bill of sale when he registered the vehicle.

"Technically, here's the law, if you buy a car for over $10,000, you're supposed to report the money that you received," Rose reportedly told the agent. "I don't, but you're technically supposed to."

"This is just between me and you, and not the IRS?" the agent asked.

"Yep," Rose reportedly responded.

Rose failed to file a Form 8300, which, according to the IRS Web site, is required when businesses receive a cash payment $10,000 or more for a single transaction or two or more related transactions.

The United States District Attorney's Office stated that Rose's business has never filed a Form 8300 with the IRS.

He faces a maximum sentence of five years in prison without parole, a $250,000 fine, a term of supervised release and a $100 special assessment.

Rose must also forfeit $14,450, the amount of the unreported cash purchase for which Rose is charged.

A sentencing date was not set Wednesday, but he will be sentenced within a 90-day period.

Rose was released of his own recognizance Wednesday following the hearing.

Fire officials cite misuse as cause in bug bomb blow-up; Victim, family disagree

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 7/23/09

State fire investigators said they believe that the explosion of a fumigation device in a Cape Coral home Tuesday may have been caused by misuse of the device, and that the blast may have been sparked by a nearby dishwasher.

The homeowners worry a faulty bug bomb could have been the cause instead.

Laurie Grabowski was fumigating her home on Bolado Parkway for bugs at 10:43 a.m. when the device exploded.

The blast caused first-degree burns to Grabowski's legs, blew out a window of the home and caused other damages, her family said.

Grabowski is recovering from massive blistering and the possibility of infection, among other issues caused by her injuries.

State Fire Marshal Lt. Joe Minervini said Wednesday afternoon that the propellant from the device is flammable, and likely ignited due to sparks from an electric motor in a nearby dishwasher.

Placing the device under the sink, he said, went against the directions listed on the product's box.

"We think the person set the bug bomb under the sink against the directions of that," Minervini said.

Grabowski's husband, Joe, said the dishwasher theory does not add up to him and his family because it was not running when the explosion occurred.

"It's easy to blame it on the dishwasher, but you might be sweeping the real problem under the rug," he said.

The device itself did not explode, Joe Grabowski said. It was only the expelled chemicals which ignited.

He said the family spoke with a representative of the Cape Coral Fire Department for several hours Wednesday to try to clear up the facts about the incident.

Fire department representatives could not be reached Wednesday night for comment.

The Grabowskis have spoken with a lawyer and with their insurance adjuster regarding the incident. They await the results of an independent lab test on the can.

"We have no idea what made that thing explode," Joe Grabowski said. "I guess everyone's a bit baffled."

Instructions on the product's box suggest not to place the device in a cabinet or under a counter or table. The instructions suggest the device is to be used on a chair, table or stand in the center of an open room.

The Grabowskis said they did not read all of the instructions before using the product, but used it in the manner they had for years without incident.

It had been placed on a low ledge beneath the kitchen sink, away from the dishwasher with the cabinet doors open, Joe Grabowski said.

"It's one of those things that's like one in a million," he said.

Wednesday, July 22, 2009

Woman injured by bug bomb when it explodes in kitchen; Officials investigating

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 7/22/09
























Laurie Grabowski received first-degree burns on her legs Tuesday after a bug bomb exploded in her Cape Coral home. Officials continue to investigate the blast’s cause.


*photo copyright the Cape Coral Daily Breeze.


----



A bug bomb about the size of a fist transformed into what seemed like a real bomb Tuesday morning, injuring a Cape Coral woman and damaging her home in a blast.

Laurie Grabowski received first-degree burns on her legs, now wrapped in hospital gauze, but will recover from her injuries.

As the State Fire Marshal and Cape Coral Fire Department continue to investigate the incident, the Grabowski family wonders how this happened.

Laurie's husband, Joe Grabowski, said the family has used the fumigation devices for about eight years without incident.

"I never, ever thought they could do that kind of damage," he said. "When they called me on the phone I didn't believe them. I thought they were just overreacting. When you look at the size of the damage, and I figure she was standing right there when it went off, I think she's real fortunate that it wasn't more serious than what she's got."

The family had recently returned from vacation and was fumigating for insects at their Balado Parkway home.

Grabowski had placed the bug bomb on a shelf under the kitchen sink for about 10 seconds when an explosion hit her, shattering a window, cracking two others, knocking a sliding glass door off its track and unhinging a dishwasher.

The blast happened at about 10:43 a.m.

"I was leaned over to close the dishwasher ... and it exploded," she said. "It pushed me back into the oven and the side of the cabinets. There were sparks underneath the sink. It felt like I was on fire."

Her 17-year-old son, Nick, sprang from the nearby living room couch and dragged Grabowski to the shower with the help of his sister, Jamie. He then called 911.

Garrett, 21, also Grabowski's son, drove his mother to the hospital where she was treated and released.

"It's a miracle," she said. "I should have been burned, with a lot more damage, for what it did all around."

As the family counts its blessings Tuesday evening, it also remains befogged as to the cause of the blast.

The dishwasher, which investigators said Tuesday may have been the source of the explosion, was not running, said Joe Grabowski.

Officials continue to investigate.

Tuesday, July 21, 2009

Defendant’s mom: Unfair on conviction

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 9/21/09

Roderick Washington is a 19-year-old who once played football and basketball, ran on the school track team and held a steady job at a Cape Coral McDonald's. He enjoyed dancing.

Family members hoped Washington would one day inherit the family business, a mobile barbecue restaurant.

But a night at Kemar Johnston's birthday party in 2006 changed the then 16-year-old's life forever - a night that ended in the brutal murders of Alexis Sosa, 18, and Jeffrey Sosa, 14.

Washington was found guilty as a principal in the slayings, first of two counts of aggravated battery with a deadly weapon in May, then of two counts each of first-degree murder and kidnapping in a retrial last week.

Washington and nine others are accused in the killings, several of whom are allegedly members of a rap group called the "Cash Feenz."

According to his mother, Lashun Washington, her son was not a part of the Cash Feenz.

"What hurt me the most is how they were trying to label him as a Cash Feenz," she said Monday, following her son's sentencing.

Lashun has been Washington's mother since his biological mother died when he was 2 years old. She is married to his father, Rickey Washington.

A 12-person jury decided Washington held Jeffrey and Alexis Sosa at gunpoint in Johnston's home as they were tied, beaten, carved and covered in bleach, and helped load them into the trunk of a car used to transport them to a north Cape Coral industrial site where they were shot to death.

He was sentenced Monday to serve four consecutive life sentences, which will be added to the 30 years he is already serving from his conviction in May.

Lashun said her son's life was taken for a crime he did not commit, and murders he had no idea would take place as a result of his actions.

She feels that because Washington chose to go to trial, he was punished.

"You shouldn't take away his life when you know he wasn't the one who killed them," she said.

Lashun said that after the first trial, state attorneys offered Washington 10 years in addition to his 30-year sentence in exchange for his testimony against co-defendants, but Washington refused.

State Attorney's Office spokesperson Samantha Syoen said no information was available Monday evening regarding a proposed agreement between the state and Washington.

Lashun said her son wanted to fight for his innocence.

"He said, 'I'm not the bad guy, not me. I didn't do that. I'm going to fight for this. I'm fighting,'" she said.

Though Lashun feels it is unjust - that others at Johnston's party received plea deals or were never charged, that witness testimony was inconsistent and that, she believes, Lee County could not provide a fair trial given the publicity of the case - she still knows Washington did not do the right thing.

"My son, he did wrong, and he has to pay for that," Lashun said. "It was hard for us at first. He came to us and broke down. He knew we did our work to him as parents, and he just apologized to us. He went to God and asked for forgiveness."

Washington ran away from home prior to the Sosas' murders and became associated with co-defendant Kenneth "Ant" Lopez.

Lashun said that prior to leaving home, her son had never been in trouble with the law.

"He was a good kid, and I think the majority of people who knew him know that," she said. "He just got messed up with the wrong kids."

Though the jury decided evidence against Washington exceeded the burden of proof to find him guilty, the Cape teen will appeal the conviction.

"I just want to get it out that that this is unfair," Lashun said. "All we can do is pray, and we tell him to pray. It's not over until God says it's over."

Washington will try to retain his lawyer, Paul Sullivan, for the appeal process, or otherwise will hire private council.

Washington's father, mother, 23-year-old brother and 18-year-old sister continue to cope with what has happened, and have offered their condolences to the Sosa family for the loss of Alexis and Jeffrey.

"You just can't imagine how they're feeling right now," Lashun said. "You just don't know. Nobody really wins."

Washington receives four life sentences in ’06 double killing

By CONNOR HOLMES
published in the Cape Coral Daily Breeze and Naples Daily News 7/21/09

After two trials and an eventual conviction on two counts each of first-degree murder, kidnapping and aggravated battery with a deadly weapon, Roderick Washington will serve four consecutive life sentences plus 30 years in prison, a Lee County judge said Monday.

Lee Circuit Judge Thomas Reese handed down the sentence after Washington, 19, was found guilty for his role in the 2006 double slaying of Alexis Sosa, 18, and Jeffrey Sosa, 14.

Isabel Sosa, Jeffrey and Alexis Sosa's grandmother, commented in Spanish that she is "very satisfied and happy with the prosecutors, the State Attorney's Office, the judge and the jury."

Witness testimony pegged Washington as holding a gun to the Sosas at co-defendant Kemar Johnston's home while they were bound, beat and tortured. He also helped carry the Sosas to the trunk of a car used to transport them to a north Cape Coral industrial site where they were fatally shot.

Nine others, several of whom were reportedly members of a rap group called the "Cash Feenz," are accused in the murders.

Washington's mother said her son was not a member of the Cash Feenz.

"They tried to make him seem like he was one of the Cash Feenz, and he wasn't," Lashun Washington said following the sentencing Monday afternoon. "He didn't deserve life."

Lashun Washington pointed to the unreliability of witness statements during the trial, which defined Washington's role as a principal in the Sosas' killings but were inconsistent in other respects.

"You have a lot of witnesses telling lies," she said. "He didn't have a chance."

Washington will appeal the decision, and will attempt to retain defense attorney Paul Sullivan's council for the process, Lashun Washington said.

Washington has 30 days to file for appeal.

Cape man accused in deadly shooting

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 7/21/09

Police arrested and charged a Cape Coral man Sunday in a Fort Myers shooting death that occurred Friday evening.

Demarro Deshawn Battle, 21, of 632 S.E. 13th Ave., has been charged with second-degree murder by Fort Myers police.

He is accused of fatally shooting Omar Bonilla at 3670 Pearl St. at about 9:12 p.m.

According to police, Battle shot Bonilla in the upper right torso, right wrist and back after Bonilla brandished a .22-caliber handgun during an argument.

Bonilla died of his injuries at 10:06 p.m. after he was taken to Lee Memorial Hospital.

According to police, witnesses referred to Battle as "Cal," a man who was friends with Bonilla.

Kyle Lawrence, who was initially wanted for questioning in the shooting incident, has been cleared of wrongdoing.

Monday, July 20, 2009

Bear sightings tend to rise during summer months

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 7/18/09

When most people consider the word neighbor, they undoubtedly think of the type who might lend you their weed wacker, or engage in conversation at the mailbox. Perhaps they'd watch after the house next door while the owners vacationed. In other words, human beings.

But those aren't the kind of neighbors the Florida Fish and Wildlife Conservation Commission is concerned with.

During the summer months, the FWC warns, Southwest Floridians might find a 450-pound black bear ambling through their neighborhoods.

"Summer is a very active time for bear," according to a press release from FWC officials. "They are searching for a variety of fruits and other seasonal foods that grow throughout their range."

Summertime is also breeding season for Florida black bears, and juvenile bears are searching for new habitats, making it a very active time of year for the animals, officials said.

With these facts in mind, it isn't surprising that Estero resident Nanci Burton spotted what appeared to be a younger black bear near her home in the Stoneybrook gated community. The sighting happened about a month and a half ago.

"I was really surprised but I thought it was great," Burton said. "I know there's a lot of wildlife out there and I know the construction is affecting their habitat."

Burton said her home sits near a preserve, where she often spots deer and other wildlife. When the young bear passed within 20 feet or so of her home, she called the FWC.

"I was really concerned that some people with kids might try to harm it," Burton said.

But FWC officials told her the bear would likely leave on its own.

"I wasn't scared," she said. "It didn't seem like he was sniffing for food or anything like that, just ambling along. He was just on his way probably towards where there were less people."

Burton said she wouldn't be surprised if she saw another bear passing through. In fact: "I'm hoping I do."

Del Bagwell, a Lehigh Acres woman, had a less tranquil experience Monday morning when a black bear barreled around the side of the business where she works, Country Cleaners.

According to FWC officials, Bagwell reacted correctly by raising her arms in the air and slowly backing away, giving the bear a clear escape route.

Bagwell couldn't be reached by telephone.

Bagwell wasn't injured in the encounter, but officials want to ensure residents are aware of the local black bear population so a run-in does not result in the death of either a person or a Florida black bear, of which there are only about 2,500-3,000 left in the state.

"The best solution is to leave the animal alone," said FWC spokesperson Gary Morse. "They're simply trying to move through these areas to find habitat that has the things they need and is not occupied by the maximum number of bears that habitat can support."

Black bear habitats have become fragmented, like islands of acreage, though the creatures require continuous habitat of millions of acres, Morse said.

"As development competes with the bears for space, we are seeing an increase in the number of incidents between humans and bears, and we expect that trend to continue to rise," he said. "That's why it's so important for people to become educated about wildlife issues."

Many of the bears spotted locally have relocated from the Big Cypress National Preserve to the southeast, where they are more prevalent, Morse said. The bears are more likely to be encountered east of the Caloosahatchee River because of the barrier it presents, but at least one or two spottings have happened in the Cape Coral area over the past several years.

Morse referred to Bagwell's encounter as the correct method of dealing with a face-to-face encounter with a black bear, and warned against incorrect stereotypes.

"If you see a bear, like the young lady who came face to face with a bear, you back up slowly, you don't make eye contact, you don't yell or scream or panic, you give the bear an escape route," Morse said. "(Playing dead) is a very bad piece of advice, because playing dead involves you laying on the ground, and that is a signal to most animals that you are submitting, that you are in a position of submissiveness and that you are vulnerable. Some of the biggest problems with people dealing with wildlife is that they try to deal with animals on a human thought process level. Animals in most cases act purely on instinct."

Additionally, residents should consider bear-proof trash receptacles, which are mandatory in some Florida cities where the animal is prevalent, should not leave trash or pet food out overnight and should eliminate other feeding opportunities.

Bears are omnivores, mostly feeding on plant matter, but bears will snack on a variety of foods.

"There's a great deal of truth to the fact they eat what people eat, and given the opportunity, they will," he said. "Then they become Dumpster-divers. Trying to fix that problem is nearly impossible without euthanizing the animal."

Morse said relocation efforts and behavioral training rarely work with bears who have been allowed to become a nuisance to humans.

Outside of urban development, bears also face a variety of natural challenges including fires, hurricanes, disease and inbreeding problems.

Though the species of bear has seen an increase in population over the past few decades, it remains threatened, officials report.

"Leave the bears alone, don't go near them, don't give them any reason to alter their natural behavior," Morse said.

For more information on Florida black bears and other wildlife concerns, visit www.myfwc.com, or call the FWC's Wildlife Alert Hotline at 888-404-3922 to report any wildlife conflicts. You can also learn more about Florida's wildlife by calling a regional FWC office. The Fort Myers office can be reached at 278-7412.

Friday, July 17, 2009

Police: Former corrections officer assaults a neighbor with handgun

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 7/17/09

A retired New York corrections officer assaulted his neighbor with a handgun Wednesday evening, according to Cape Coral police.

Alfred Watson Jr., 62, of Northeast 24th Place, was charged Wednesday with aggravated assault with a deadly weapon and carrying a concealed firearm.

He was held in the Lee County Jail on a combined $26,500 bond Thursday evening.

According to police statements, the victim arrived home at about 8:55 p.m. to find Watson in his driveway, pacing back and forth and accusing the victim of having relations with his wife.

Watson opened the cylinder of a silver handgun, playing with the ammunition, and pointed the gun's laser at the ground, the victim reportedly said.

In fear Watson may shoot him, the victim went inside his house and called police, reports state.

Watson at first told officers that he carried the gun for protection and was waiting for his wife to arrive home from church, but later said that the victim " is (having relations with) my wife, and why isn't she home yet," police reported.

Watson's silver revolver and five .38-caliber hollow point bullets were placed into police evidence.

Watson's wife reportedly told officers that her husband had been "accusing her of sleeping with every man she is in contact with," and she fears he may have a mental illness and be a danger to her.

Police arrested Watson and booked him into the Lee County Jail in apparent good health.

North Fort Myers teacher accused of molesting students; 2 second-grade girls say he touched them in class

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 7/17/09

A second-grade teacher at Tropic Isles Elementary School is held in the Lee County Jail without bond as police and school district officials investigate claims that he molested two female students this past school year.

David Ashley McNabb, 51, of 11982 Glen Ave., Fort Myers, was charged Wednesday with capital sexual battery and two counts of lewd and lascivious molestation.

Tropic Isles, recently recognized for the prestigious Governor's Sterling Award, is located at 5145 Orange Grove Blvd. in North Fort Myers.

School district officials said McNabb will not return to a Lee County classroom if the district finds validity to the accusations against him.

Officials are concerned about the safety of students, and do not necessarily rely on the same burden of proof required to convict McNabb of the crimes of which he is accused, said district spokesperson Joe Donzelli.

"We will always err on the side of caution when it comes to kids," he said Thursday. "He is no longer welcome at this point at his school or any other school campus in the district. We'll be conducting our own investigation which will be done concurrently but separately."

Donzelli said the school district will assist the Lee County Sheriff's Office with its criminal investigation against McNabb however it can, as well as offer counseling to the alleged victims.

McNabb will be suspended with pay beginning Aug. 17 at the start of the 2009-10 school year. His suspension continues until the district concludes its investigation.

Reports state that two girls, students in McNabb's second-grade classroom, told deputies Tuesday that they had been sexually assaulted by their teacher on several occasions between January and the end of the school year.

During forensic interviews with the Children's Advocacy Center, the girls reportedly said that they would approach McNabb for schoolwork questions, at which point he would touch them inappropriately outside and inside their clothing.

The school district is now asking parents to come forward with any information about this or other alleged incidents involving McNabb.

"If there's anyone out there that's got additional information regarding this incident or any other incident, they need to come forward," Donzelli said. "We don't know if there's anyone else out there, but if there is we want to know about it."

Anyone with information is asked to call the Lee County Sheriff's Office at 477-1000.

Investigations continue.

Tuesday, July 14, 2009

Jury: Washington guilty in torture and slayings; ‘Cash Feenz’ member to get life

By CONNOR HOLMES
published in the Cape Coral Daily Breeze and Naples Daily News 7/14/09

Thirty years in prison the first time.

A lifetime the second.

That is the order in which Roderick Washington's guilt was determined for his role in the 2006 tortures and killings of Alexis, 18, and Jeffrey Sosa, 14, over the course of two murder trials.

Washington, 19, was found guilty of two counts of aggravated battery with a deadly weapon during his first trial in May, and was sentenced to serve two consecutive 15-year prison terms.

The alleged member of the "Cash Feenz" rap group accused in the brutal slayings will now face a mandatory life prison sentence for two counts each of first-degree murder and kidnapping.

A 10-man, 2-woman jury determined Washington's guilt over the course of three hours Monday.

The decision stands in staunch contrast to the May trial when the jury deadlocked on the murder and kidnapping charges after nearly a day and a half behind closed doors.

Washington shared a silent nod with a family member in the courtroom gallery as he was fingerprinted and escorted into custody.

Outside the courtroom on the eighth floor of the Lee County Justice Center annex building, a woman burst into sobs and embraced her child.

Members of the Washington family declined to comment on his conviction.

Despite defense attorney Paul Sullivan's protests that the state's witnesses were unreliable party-goers and co-defendants who would say anything to keep their plea deals, the jury relied on the collective testimony to adjudicate Washington guilty on all counts.

"We're obviously very pleased with the verdict," said Assistant State Attorney Marie Doerr. "We've felt all along that Mr. Washington was a major player in these Cash Feenz tortures and murders. We're pleased that they took three hours to come back and find a verdict of guilty on these four serious charges."

Doerr said that bringing in additional witnesses and tightening loose ends in the few months between trials likely strengthened their case against Washington, possibly a factor in the second jury's notably quicker decision.

Witnesses pegged Washington as holding a gun to the Sosas as they were bound, carved with knives, covered with bleach and shocked with a Taser at the birthday party of co-defendant Kemar Johnston.

They also said he helped place the Sosas in the trunk of a car used to transport them to a north Cape Coral industrial site where they were fatally shot.

Co-defendants, including Alexis Fernandez, Iriana Santos, Melissa Rivera and Michael Balint, along with several party-goers, were hazy on various details of the evening the Sosas were killed, but remembered distinctively Washington wielding a .22-caliber rifle and, at one point, a pistol.

Washington's part in the kidnapping of the Sosas makes him a principal to their murders, regardless of premeditation, because of the inherent danger of holding another human being against their will.

Washington will be sentenced Monday before Lee Circuit Judge Thomas Reese.

He has 30 days from the date of his sentencing to appeal the decision.

Washington is the second Cash Feenz defendant to be found guilty in the 2006 double murder, after Ashley Toye who was previously sentenced to life without parole.

Co-defendants Kemar Johnston, Kenneth Lopez and Paul Nunez still await trial in the case.

Melissa Rivera, Iriana Santos, Alexis Fernandez, Cody Roux and Michael Balint have each pleaded guilty to lesser crimes and will receive prison sentences varying between 14 and 26 years in exchange for their testimony during the trials of their remaining co-defendants.

Monday, July 13, 2009

Roderick Washington 'Cash Feenz' retrial day 4

4:32 -- Jury finds Washington guilty

A jury has found Roderick Washington, 19, guilty of first-degree murder and kidnapping in the 2006 slayings of Alexis, 18, and Jeffrey Sosa, 14.

After approximately three hours of deliberations, the jury brought back a guilty verdict on all four counts.

Sentencing before Judge Thomas Reese will be Monday.

Washington is accused of holding the Sosas at gunpoint as they were tortured in the kitchen of co-defendant Kemar Johnston's home, and also of helping carry the Sosas to the trunk of a car used to drive them to an industrial site where they were killed.

Washington, who was convicted of two counts of aggravated battery with a deadly weapon during his first trial and sentenced to 30 years, faces a life sentence as a result of today's guilty verdicts.


3:29 -- writer's note: The jury asked if the principal rule applied to Washington holding a firearm during the commission of the crimes of which he is accused, a subsection of the verdict form. Judge Reese told the jury Washington alone had to be holding a gun to find guilt in that subsection. The jury has returned to deliberations.

3:23 -- writer's correction: The jury has asked a question about the verdict forms. It is unclear how close they are to reaching a verdict at this point. Council is discussing the issue with judge Reese.

3:20 -- writer's note: It appears the jury has reached a verdict. Washington and council have been brought back into the courtroom.

2:48 -- The jury enters its second hour of deliberations. Little has transpired in the courtroom. Bailiffs and reporters chat lightly.

2:05 -- several pleas were entered with judge Reese as Roderick Washington's jury continues to deliberate this afternoon. Those cases have concluded and only court personnel and media persons remain in Reese's 8th-floor courtroom, overlooking the Caloosahatchee River from the new Justice Center annex building.

1:42 -- writer's note: The jury has been given written copies of the judge's instructions and begins their deliberations.

1:30 -- writer's note: The jury will return from lunch shortly to begin deliberations in Washington's double-murder trial. It appears several other cases will be addressed by judge Reese this afternoon; the courtroom is speckled with those involved in other cases and their lawyers, who will address those cases after Washington's jury is ushered into the jury room.

11:32 -- Closing statements in Washington trial focus on witness reliability

Following closing arguments and the judge’s instructions in the double-murder retrial of 19-year-old Roderick Washington, one alternate juror will be dismissed and the remaining 12 jurors will begin their deliberations. They must decide if Washington is guilty of two counts each of first-degree murder and kidnapping in the 2006 slayings of Alexis and Jeffrey Sosa.

Washington, accused with nine others in the tortures and killings of the Sosas at a Cape Coral birthday party, faces life in prison if convicted. Witness testimony during trial suggested Washington held the Sosas at gunpoint as they were tortured in the kitchen of co-defendant Kemar Johnston’s home, and also helped carry the Sosas to the trunk of a car used to drive them to an industrial site where they were killed.

“It’s almost impossible to make any sense of at all,” Assistant State Attorney Marie Doerr said during closing arguments. “This started out as a birthday party, which most of us think as a happy thing, and ended up with these two teenagers tortured for hours, shot, and one of them burned beyond recognition. Each of these acts taken alone is enough to turn your stomach, but put these together and it’s enough to blow the mind of a rational person.”

Though several witnesses who testified against Washington were co-defendants who had taken plea deals from the state, Doerr suggested that inconsistencies among the witnesses showed they were truthful.

“We didn’t choose these witnesses,” Doerr said. “Mr. Washington chose these witnesses. These are his friends. You have a bunch of self-absorbed people, high on drugs and alcohol, wandering in and out of the kitchen. It’s not perfect, it’s not bought and payed for, obviously they’re not coached.”

Defense attorney Paul Sullivan argued the inconsistencies in testimony and lack of physical evidence against Washington created reasonable doubt. A majority of witnesses were drunk and high on narcotics during Johnston’s party, he said.

“Those who’ve drank too much know what it can do to their minds,” Sullivan said. “We know from testimony that marijuana only makes it worse. We’ve heard the effect that Xanex has on your mind. How dare they come in here and pretend to have an accurate memory.”

Sullivan pointed to three police witnesses whose recollections differed on whether Alexis Sosa’s body was taken to the Medical Examiner’s Office in the trunk of a car or in a body bag.

“These people are sober. If you see that in three professionals who have no interest in this case, then when you start looking at the testimony from these other witnesses here, you’ll see that there’s no evidence against Rod Washington beyond a reasonable doubt because there can’t be,” Sullivan said. “The cops can’t remember. That’s why they write it down.”

Sullivan also dismissed the notion of peer pressure as an element of Washington’s trial.

“If they would suggest that peer pressure is enough to make a person commit murder, then I would submit to you that to sit and wait in a prison cell in this county for a chance to testify in this trial, with a chance they’ll never leave those prison walls, is a pressure those teenagers have never heard of,” he said. “It’s enough to make them remember things any way they have to.”

Assistant State Attorney Bob Lee is continuing closing statements.

Washington won’t testify in his own defense

By CONNOR HOLMES
published in the Cape Coral Daily Breeze and the Naples Daily News 7/11/09

Police told Roderick Washington he had the right to remain silent when arrested in the 2006 double-slaying of 18-year-old Alexis Sosa and his nephew Jeffrey Sosa, 16, and, as is his right, he will maintain his silence through two felony murder trials.

Washington told Lee Circuit Judge Thomas Reese, who is presiding the 19-year-old's retrial, he understood the decision he was making and would not testify on his own behalf. He also chose to remain silent during his first trial in May.

"You understand that you must live with the ramifications of this decision," Reese told Washington.

"Yes, sir," he said, the only words he has spoken thus far during the trial.

Washington is accused with nine others in the binding, beating, torture and killing of the Sosas at co-defendant Kemar Johnston's birthday party Oct. 6, 2006. Washington and Johnston are allegedly members of the "Cash Feenz" rap group accused in the tortures and killings.

A Lee County jury found Washington guilty of two counts of aggravated battery with a deadly weapon during his first trial, and he has been sentenced to 30 years in prison. However, the jury deadlocked on two counts each of first-degree murder and kidnaping and Washington is now being retried on those counts by another 12-juror panel.

He faces life in prison if convicted.

Assistant state attorneys Bob Lee and Marie Doerr have spent the past two days calling witness after witness to testify about Washington's alleged involvement in the Sosa murders: holding them at gunpoint as they were beaten, carved into with knives, Tasered and covered in bleach, and helping transport them to a north Cape Coral industrial site where they were shot to death.

Party-goers and co-defendants testified to the details of the Sosas' killings Thursday and Friday, and all seemed to remember Washington's role that night.

However, when pressed by defense attorney Paul Sullivan to accurately produce other details about the night, their memories seemed to falter. Some admitted to relying on prior statements or were called out on inconsistencies throughout multiple statements, including those made during Washington's first trial.

Co-defendant Alex Fernandez said he saw Washington "squatting down on the floor with a rifle in his lap," and later hitting Alexis Sosa in the head with a pistol.

Fernandez recalled that, while at the industrial site where the Sosas were killed, he saw Johnston and another individual shooting into the trunk of the Sosas' Lexus where the two teens had been placed. He said he couldn't see who the second shooter was, despite earlier statements that it was co-defendant Kenneth Lopez.

Sullivan recited the earlier statement before the jury, a legal process referred to as impeaching a witness. The statement said that Fernandez pegged Lopez as the second shooter at the industrial site. Lopez was also Fernandez's cell mate in the Lee County Jail and in 2007 admitted to shooting Alexis and Jeffrey in the head to "make sure they were dead," the statement read.

"Does that refresh your recollection?" Sullivan asked Fernandez.

Fernandez said no, it didn't.

"I just thought about it and focused, and I can't be 100 percent sure," Fernandez explained.

Andrew Touchstone and Michael Taylor both said they witnessed Washington's involvement, stating again that he held both a rifle and a handgun on the Sosas, but Touchstone couldn't remember if Paul Nunez held an AK-47 or a handgun as he guarded the door at Johnston's home.

He was absolutely sure that Cody Roux, who stood directly next to Nunez, held an AK-47.

Aside from Washington, accounts varied throughout the state's witness list on who else at the party held or didn't hold guns and what kind of guns were brandished.

The only physical evidence presented at trial that may link Washington to the killings was a .22 rifle he allegedly used to hold Jeffrey and Alexis at gunpoint.

Ryan Peters said he bought a .22 rifle from Washington that looked similar in size and color to the one presented as evidence, but that he couldn't be sure it was the same gun.

After finding out the Sosas had been killed on the news, Peters said he dumped the gun in a canal.

"I didn't want it coming back on me," he said.

Reese denied a motion by Sullivan to have Washington acquitted on all counts, and reserved closing arguments for Monday morning at 9 a.m.

After that, the jury will be asked to decide Washington's fate.

Friday, July 10, 2009

Roderick Washington 'Cash Feenz' retrial day 3

2:25 -- 'Cash Feenz' defendant will not testify

Roderick Washington will not testify on his own behalf.

Both sides have now rested their cases in the retrial of Washington, a 19-year-old double-murder defendant.

Presiding Lee Circuit Judge Thomas Reese has denied the defense?'s request to acquit Washington of two counts each of first-degree murder and kidnaping.

Several more witnesses from the night Alexis Sosa, 18, and his 14-year-old nephew Jeffrey were tortured and killed have pointed to Washington as holding the victims at gunpoint and aiding in taking them to a north Cape Coral industrial park where they were fatally shot.

Andrew Touchstone and Michael Taylor, who attended co-defendant Kemar Johnston?'s 2006 birthday party, said they saw Washington holding a rifle and later a handgun that he used to pistol whip Alexis Sosa.

Touchstone had trouble recalling what kinds of guns others in the house were holding the evening the Sosas were killed.

Ryan Peters, a friend of co-defendant Kenneth Lopez, said he purchased a .22-caliber rifle from Washington for protection. He testified that he later threw the weapon in a canal upon learning the Sosas had been killed.

"I didn't want it coming back on me," he said.

Reese told the jury the trial would break early for the day.

"I doubt we could have this back to the jury before 6 p.m. or later," Reese
said, stating it would be more appropriate to resume Monday

He stressed the importance of avoiding media accounts of the trial over the weekend.

Closing arguments will begin Monday at 9 a.m.


11:17 -- Co-defendant Fernandez testifies in Washington re-trial


Alex Fernandez is yet another co-defendant who has pegged Roderick Washington as holding Jeffrey and Alexis Sosa at gunpoint when they were tortured in Kemar Johnston's home, and then helping take the Sosas to a north Cape industrial park where they were killed in 2006.

"He was squatting down on the floor with a rifle in his lap," Fernandez testified.

Washington also pistol whipped Alexis with a handgun at one point, he said.

Fernandez testified that Washington and co-defendant Kenneth Lopez carried the Sosas from the home and put them in the trunk of a car, and that Fernandez drove at Johnston's threats.

"Basically if I didn't comply, I could end up like the Sosas also," he said.

Fernandez said a .380 later found in the glove box of his car was not his.

Fernandez said he had never heard of or been a part of the Cash Feenz, the rap group accused in the slayings.



10:30 -- Medical examiner testifies as Washington retrial resumes

The retrial of Roderick Washington in the 2006 murders of Jeffrey and Alexis Sosa has resumed.

Washington faces two counts each of first-degree murder and kidnaping in the double-slaying.

This morning the state called Chief Deputy Medical Examiner Robert Pfalzgraf, who described the autopsy findings of the Sosas.

Pfalzgraf said Alexis had been shot at least four times, two of which were fatal. Due to the condition of his burnt remains, it is unclear whether or not other bullets had entered his body.

Alexis Sosa had been burned in the trunk of a car in a north Cape Coral industrial park, while Jeffrey Sosa's body was found on the ground near the vehicle.

A lack of any significant amount of carbon monoxide in the Sosas' lungs indicated they had suffered fatal gunshot wounds prior to the car having been set fire to, Pfalzgraf said. Small amounts of carbon monoxide, such as the amount found in Jeffrey's lungs, could indicate cigarette smoke or various other things.

"It is my opinion (Alexis Sosa) was not alive when he was burned," he said.

Defense attorney Paul Sullivan is asking Pfalzgraf questions about the transportation of the Sosas bodies from the industrial site to the Medical Examiner's Office and about the autopsy process.

Washington’s retrial begins with witness testimony; Co-defendants, others recall event

By CONNOR HOLMES
published in the Cape Coral Daily Breeze and Naples Daily News 7/10/09

One by one, familiar faces took the stand Thursday to testify about the night Jeffrey and Alexis Sosa were terrorized and murdered.

Eyewitnesses, co-defendants and police painted a picture for the second time of the 2006 beating, torture and double slaying, allegedly at the hands of a rap group called the "Cash Feenz," during the first day of Roderick Washington's retrial.

Washington, one of 10 accused in the killings, faces life in prison if convicted of two counts each of first-degree murder and kidnaping.

He was found guilty of two counts of aggravated battery with a deadly weapon in May and was sentenced to 30 years in prison. The jury could not reach a decision on the remaining four counts and a mistrial was declared.

"These young teens, Jeffrey and Alexis Sosa, were tied up, beat, Tasered, carved with knives, bleach was poured into their wounds and onto their faces. They were shot, killed and eventually set on fire," Assistant State Attorney Marie Doerr said during opening statements. "This is a case that starts out a mob mentality, peer pressure at its ugliest."

Doerr described a night of drugs, alcohol and brutal violence at the birthday party of co-defendant Kemar Johnston.

The Sosas' deaths were the result of the cooperation of many individuals acting together, one of whom was Washington, she said.

Defense Attorney Paul Sullivan agreed that a heinous crime had occurred, but argued the evidence cannot prove the details of Washington's involvement beyond a reasonable doubt.

Part of what makes the evidence unreliable, he said, are witnesses who had either been intoxicated the night of the killings or had received plea bargains from the state.

"What else happened that night?" Sullivan asked the jury. "Who did what? Who poured bleach on these poor kids? Who hit somebody with a gun? Who did this, who did that, who did what, when?

"All of that evidence is locked up in the heads of young people whose minds were messed up on drugs and alcohol that night, who've told lie after lie after lie," he said.

Those who attended Johnston's birthday party recalled Washington holding the Sosas at gunpoint while they were tortured and driving out to a north Cape Coral industrial park where the Sosas were fatally shot.

William Arciszewski, who attended the party and produced rap music for the Cash Feenz, said a cell phone voice message sparked the violence toward Jeffrey and Alexis when they came to the party.

"It was like when they showed up you could hear a pin drop," he said. "They started beating them. I could hear plates breaking and everything."

Arciszewski said that from his hiding place in Johnston's bathroom, he heard a gunshot and Alexis pleading for his life as his back was carved with knives.

"I recall very vividly," he said. "It's one of the things that sticks out the most in my mind, Jeffrey Sosa begging for his life. He said, 'I have a lot to live for, don't kill me.'"

Arciszewski recalled seeing the Sosas carried out of Johnston's home through the garage area, and that Alexis had a black bag covering his head.

Several individuals, including Washington and co-defendants Paul Nunez, Kenneth Lopez, Iriana Santos and Melissa Rivera, left Johnston's home with the Sosas and later returned after Jeffrey and Alexis had been killed, he said.

"There's no nice way to put it," Arciszewski said. "(The Sosas) were taken out like they were trash. They were taken out like they didn't matter."

He said he was afraid that if he left Johnston's home or called the police he would be killed. Arciszewski told the jury that the Cash Feenz transformed from a rap group into a violent lifestyle, which he rejected.

"It's like they began living the music they made," he said. "To me, music is expression. They overdid it."

Sullivan attempted to disprove that Arciszewski disapproved of the lifestyle by discussing an Internet picture of him holding a gun and a rap album of Arciszewski's called "Enemy of the State" with explicit lyrics.

Arciszewski said his lifestyle has changed and he no longer associates with the Cash Feenz.

Co-defendants Michael Balint, Melissa Rivera and Iriana Santos have taken the stand. All three said Washington held either a handgun or a rifle on the Sosas at various times throughout the evening as they were tortured.

Balint, Rivera and Santos have stricken plea deals with the state for lighter sentences in exchange for their testimony against their co-defendants.

Balint, who hogtied Alexis with shoelaces, said he saw Washington holding a gun prior to leaving Johnston's home.

"He was poking them in the ribs with it, telling them not to move and stuff," Balint told the jury.

Rivera and Santos, who said they were active participants in the assault on the Sosas, testified to Washington having held a gun throughout the night and going to the industrial site where the Sosas were killed.

Sullivan questioned how Rivera could recall Washington being armed, but could not recall whether he held a rifle or handgun. She also could not describe the knife or Taser she allegedly used on Alexis.

Rivera said she did not remember that night, only what she had read from a recent statement to state attorneys.

Cape Coral detective Kurt Grau and forensics supervisor Larry Stringham discussed evidence they found at the industrial site and Johnston's home, including bullets and casings, a handgun, shoe prints, tire tracks and a comforter with the DNA of Alexis.

Washington's trial continues today at 9 a.m. and will likely continue through early next week.

Thursday, July 9, 2009

Roderick Washington 'Cash Feenz' retrial day 2

3:30 -- Party-goers testify to Washington's involvement in "Cash Feenz" murders

The state has called two party-goers to testify about the evening Alexis and Jeffrey Sosa were brutally murdered.

Both have placed Roderick Washington at co-defendant Kemar Johnston’s 2006 birthday party holding the Sosas at gunpoint as they were bound, beat and tortured.

William Arciszewski said he saw Washington holding a rifle to the Sosas, and that Johnston also had a firearm. He testified that a cell phone voice message sparked the violence towards Jeffrey and Alexis when they came to Johnston’s party.

“It was like when they showed up you could hear a pin drop,” Arciszewski said. “They started beating them. I could hear plates breaking and everything.”

Arciszewski said that, from his hiding place in Johnston’s bathroom, he heard a gunshot and Alexis Sosa pleading for his life and screaming as his back was carved with knives.

“I recall very vividly,” he said. “It’s one of the things that sticks out the most in my mind, Jeffrey Sosa begging for his life. He said, ‘I have a lot to live for, don’t kill me.’”

Arciszewski recalled seeing the Sosas carried out of Johnston’s home through the garage area, and also that Alexis Sosa had a black bag covering his head.

Several individuals, including Washington and co-defendants Paul Nunez and Kenneth Lopez, left Johnston’s home with the Sosas and later returned to the home after they’d killed Jeffrey and Alexis, Arciszewski said.

“There’s no nice way to put it,” he said. “(The Sosas) were taken out like they were trash. They were taken out like they didn’t matter.”

Arciszewski said he was afraid that if he left Johnston’s home or called the police he would be killed. He told the jury the Cash Feenz transformed from a rap group into a violent lifestyle, one which he rejected.

“It’s like they began living the music they made,” he said. “To me, music is expression. They overdid it.”

Donteavious Overmyer, Washington’s friend, said he was the first to hit Alexis Sosa in the face, cutting his hand open and beginning the onslaught of violence against the Sosas. He said Washington held a handgun on the Sosas, and later a rifle.

Attorneys are now questioning co-defendant Iriana Santos.

11:45 -- Co-defendant, police testify in Washington retrial

Michael Balint, a co-defendant in the Roderick Washington double-murder retrial, has taken the stand as a state's witness.

Balint is accused of hogtying Alexis Sosa with shoelaces prior to the Sosas being tortured and killed at co-defendant Kemar Johnston's birthday party in 2006. He has accepted a plea deal to serve 14 years in prison for two counts of kidnaping in exchange for his testimony.

He is also serving a concurrent 5-year prison term for battery on an inmate.

Balint said he beat Kenneth Mitchell, a man convicted of killing his best friend.

Balint told jurors he had spent the night drinking, smoking pot and taking Xanex the night the Sosas were killed. He testified to visiting the strip club Emerald City in Port Charlotte before going to Kemar Johnston's house to buy pot at 2 a.m.

Balint testified that Washington held a handgun to the Sosas as they sat on the floor of Johnston's home, and later a .22 rifle.

"He was poking them in the ribs with it, telling them not to move and stuff," Balint told the jury.

Balint said he went home prior to the torture and killing of Jeffrey and Alexis Sosa and did not witness the acts. He said he was still intoxicated the next day, and did not know who called him to tell him the Sosas had been killed.

Larry Stringham, forensic supervisor for the Cape Coral Police Department, testified to evidence found at the north Cape industrial site where the Sosas' bodies were discovered as well as at Johnston's home. Evidence found includes bullet casings, live rounds, shoe and tire prints and a comforter containing Alexis Sosa's DNA.

Additionally, a firearm was later discovered under insulation in Johnston's attic, which had not been located there initially.

The trial is in recess for lunch, and will resume at 1:20 p.m.



10:30 -- State begins case against Cash Feenz defendant Washington

Both the state and defense have given opening arguments this morning in the double-murder retrial of Roderick Washington.

Kurtis Grau, the lead Cape Coral detective in the 2006 murders of Jeffrey and Alexis Sosa, is currently on the witness stand. The jury is being shown a forensics video of the north Cape industrial site where the charred remains of the Sosas and a vehicle were discovered. The video was also shown during Washington’s first trial.

Washington’s friends and family are among those watching the video quietly.

Brian Lauer, an Operations Lt. for the Cape Coral Fire Department, also testified. Lauer was a first responder to a vehicle fire Oct. 7, 2006 at the industrial site where the Sosas were found. Lauer said he discovered a bloody blanket among the remains, which he brought to the attention of police.

“These young teens, Jeffrey and Alexis Sosa, were tied up, beat, tasered, carved with knives, bleach was poured into their wounds and onto their faces. They were shot, killed and eventually set on fire,” Marie Doerr said during opening statements. “This is a case that starts out a mob mentality, peer pressure at its ugliest.”

Doerr described a night of drugs, alcohol and brutal violence at the birthday party of co-defendant Kemar Johnston. The Sosas’ deaths were the result of the cooperation of many individuals acting together, one of whom was Washington, she said.

Defense Attorney Paul Sullivan agreed that a heinous crime had occurred, but argued the evidence couldn’t prove the details of Washington’s involvement beyond a reasonable doubt.

Part of what made the evidence unreliable, Sullivan said, was the unreliability of witnesses who were either intoxicated or had received plea bargains from the state.

“What else happened that night?” Sullivan asked the jury. “Who did what? Who poured bleach on these poor kids? Who hit somebody with a gun? Who did this, who did that, who did what, when? All of that evidence is locked up in the heads of young people whose minds were messed up on drugs and alcohol that night, who’ve told lie after lie after lie.”

Sullivan pointed specifically to the inconsistent statements of co-defendant and state’s witness Alex Fernandez regarding the slayings.

“There’s not going to be evidence of anything to indicate that Rod Washington is guilty of first-degree murder,” Sullivan said. “There’s not going to be evidence that Rod Washington is guilty of a kidnaping.”

9:45 -- Juror dismissed in Cash Feenz re-trial

The 14-person jury of Roderick Washington’s double-murder retrial, two of whom were alternates, has been reduced by one after presiding Lee Circuit Judge Thomas Reese learned Thursday morning that one of the jurors attempted to discuss the case with a Cape Coral detective on multiple occasions.

The jury was seated hardly more than 12 hours ago in Washington's retrial in the 2006 double-murder of Alexis and Jeffrey Sosa, allegedly perpetrated by a rap group called the Cash Feenz. He is one of 10 accused in the binding, torturing and killing of the Sosas at a house party in Cape Coral.

Reese voiced his concerns about the male juror's prior vocalizations of the case to the detective. "What he had to say to him I do not know, but it doesn't really matter," Reese said. “He has already demonstrated issues of concern to be a juror in this case. What concerns me more than anything: what, if anything, has he said to the other jurors?”

The juror told Reese he called the detective's son to discuss football, and mentioned his participation as a juror in passing to the detective, but did not recall prior conversations. Each of the remaining 13 jurors said they had neither discussed the case nor watched media accounts. Washington was convicted in May of two counts of aggravated battery with a deadly weapon. He faces life in prison if convicted of two counts each of first-degree murder and kidnapping, charges the jury deadlocked on during his first trial.

Attorneys are now giving their opening statements.

Jury seated in Washington ‘Cash Feenz’ trial — again

By CONNOR HOLMES
published the Cape Coral Daily Breeze, under headline 'Jurors picked for ‘Cash Feenz’ trial; Defendant again facing murder and kidnapping' and in the Naples Daily News under given headline

---

A seemingly daunting task, state and defense attorneys have now seated an unbiased jury for the second time to try Roderick Washington in the highly-publicized "Cash Feenz" double murder case.

The 12-man, two-woman jury, including two alternates, was seated Wednesday afternoon in the courtroom of Lee Circuit Judge Thomas Reese.

Washington is one of 10 individuals initially charged in the 2006 beating, torture and killing of Alexis and Jeffrey Sosa during a birthday party of co-defendant Kemar Johnston.

The Sosas were tied up at gunpoint, carved with knives, covered in bleach, and eventually shot and killed in a north Cape Coral industrial park, according to police documents.

Washington is accused of holding a gun on the Sosas as they were tied up and tortured in Johnston's Cape home.

In May, Washington was tried on two counts each of first-degree murder, kidnaping and aggravated battery with a deadly weapon. After a day and a half of deliberations, the jury found him guilty of the two counts of aggravated battery but deadlocked on the other charges.

A mistrial was declared for the remaining counts.

Washington was sentenced Tuesday afternoon, a day before his retrial began for the remaining four charges, to serve two 15-year prison sentences for the aggravated battery counts.

If convicted in the retrial, Washington faces life in prison.

Though many of the 55 potential jurors Wednesday had heard of the killings through news accounts and word of mouth, most said they could remain unbiased regardless.

Attorneys felt that one woman, a Challenger Middle School teacher who had known the Sosas, and a former North Fort Myers High student who said he knew co-defendant Cody Roux and several witnesses could not be unbiased. They were dismissed during questioning.

Several others whose religions did not allow them to stand in judgment of others were also dismissed.

Jurors were questioned by attorneys throughout the afternoon into the evening, both individually and in open court.

They were asked how they would consider the testimony of co-defendants who had accepted state plea deals, if they thought mixing pills with alcohol altered a person's ability to remember and what they thought about peer pressure and gang violence.

Both the state and the defense will present their opening arguments today at 9 a.m.

Washington's trial is anticipated to run into early next week, possibly Tuesday, according to Reese.

Wednesday, July 8, 2009

Roderick Washington 'Cash Feenz' retrial day 1

3:17 -- Jury for Washington trial whittled by 17; questioning continues
Judge Thomas Reese, prosecutors and defense attorneys have concluded private questioning of individual jurors in the double-murder retrial of Roderick Washington.

Washington is accused in the 2006 double-murder of Jeffrey and Alexis Sosa in Cape Coral. He faces two charges each of kidnaping and first-degree murder, and was convicted of two counts of aggravated battery with a deadly weapon during his first trial.

As a result of the questioning, 17 of 55 potential jurors were excused for various reasons. Two jurors said that for religious reasons they could not judge other people.

One potential juror was excused after he told Reese he knew several witnesses as schoolmates, including co-defendant Cody Roux, who pleaded guilty to two counts each of kidnaping and aggravated battery with a deadly weapon in 2008 in exchange for a 14-year prison sentence. The juror also told Reese he knew the Sosas through mutual friends.

Despite defense attorney Paul Sullivan’s motions to dismiss potential jurors with knowledge of Washington’s recently received 30-year prison sentence, those jurors were allowed to stay for the time being.

Jurors are now being asked biographical questions in open court, after which lawyers will be given the opportunity to address the jury.




1:45 -- Attorneys search for bias in potential Washington jurors; closed-door questioning continues


Jury selection in the double-murder retrial of Roderick Washington has resumed following a break for lunch.

Lee Circuit judge Thomas Reese and attorneys are questioning potential jurors in a private room behind the courtroom. Also present are a court stenographer, a bailiff, a court reporter and several media reporters.

Reese is asking each juror if they have heard of the case, if they have formed opinions, if they can be impartial and if they are able to sit on a jury for multiple days, likely into next week.

The defense has asked several jurors if they have heard of the ‘Cash Feenz,’ the alleged gang accused in the beating, torture and killing of Alexis and Jeffrey Sosa in 2006.

Several jurors have heard of Washington’s case through news reports.

Two jurors have been excused due to their knowledge of Washington’s recent sentencing of 30 years in prison for two counts of aggravated battery with a deadly weapon. Another juror, for whom today is the anniversary of his son’s murder, was excused due to his inability to be impartial.

Jury selection continues.




11:30 -- Jury selection continues in Washington double-murder retrial; some admit bias


Potential jurors in the double-murder retrial of Roderick Washington are being questioned by attorneys privately as other perspective jurors chat quietly or read in the courtroom gallery.

Attorneys will select 12 jurors with two alternates, the same number of jurors to try Washington’s first trial in May.

Washington is being tried for the 2006 double-murder of Jeffrey and Alexis Sosa. Washington is among 10 individuals charged in the incident. He was convicted of two counts of aggravated battery with a deadly weapon during the first trial, and was sentenced to 30 years in prison Tuesday as a result of the conviction.

Washington will be retried on two counts each of first-degree murder and kidnaping, charges for which the jury in trial number one could not determine a verdict. He faces a life prison sentence if convicted.

In open court, several potential jurors expressed concern they might be unable to withhold bias against Washington while deliberating his case. A woman who teaches at Challenger Middle School said she was biased against Washington because the Sosas had been students at the school, and she followed the case closely. Another man expressed his grief on the anniversary of his son’s murder, stating he likely could not be impartial.

Assistant State Attorney Bob Lee told presiding Lee Circuit judge Thomas Reese he anticipated the prosecution’s case would last 2 to 3 days. Paul Sullivan, Washington’s defense attorney, stated he was unsure at this stage in the trial about the duration of his defense.

The jurors will likely break for lunch at noon and return to the courtroom at 1 p.m. to resume questioning.


10:30 -- Jury selection begins in Washington double-murder retrial

Fifty-five potential jurors will soon be brought into a Lee County Justice Center courtroom to begin jury selection in the Cash Feenz double-murder retrial of Roderick A. Washington.

Washington is one of 10 co-defendants in the beating, torture and killing of Jeffrey and Alexis Sosa at a 2006 house party by a rap group and alleged gang known as the Cash Feenz.

He is accused of holding a gun on the Sosas as they were tied up and tortured by several others at co-defendant Kemar Johnston’s Cape Coral home.

Washington was found guilty of two counts of aggravated battery with a deadly weapon during his first trial in early May. However, jurors were unable to determine guilt on four other counts, two first-degree murder counts and two counts of kidnaping.

Judge Thomas Reese, who is presiding over Washington’s trial this week, sentenced him Tuesday to served two 15-year prison terms consecutively, for a total of 30 years. Washington must serve the sentence regardless of the outcome of his second trial, which will focus on the remaining four counts.

Several family members from both the Sosa and Washington families are present in the courtroom this morning as Washington and attorneys quietly await the arrival of the jury.

Murder retrial to start for ‘Cash Feenz’ defendant; Convicted of battery counts in May

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

A minimum sentence of 30 years in prison and a maximum sentence of life - this is the reality Roderick Washington must face as he sits before a jury of his peers for the second time.

Jury selection for Washington's retrial as one of 10 defendants in the 2006 "Cash Feenz" murders of Alexis and Jeffrey Sosa begins today before Judge Thomas Reese.

Reese saw Washington go to trial the first time in his Lee County courtroom in early May.

Washington was tried in the brutal kidnapping, torture, beating and killing of the Sosas that authorities said began at co-defendant Kemar Johnston's birthday party and ended in a north Cape Coral industrial park, where the Sosas were fatally shot.

After nearly a day and a half of deliberations, jury members convicted Washington of two counts of aggravated battery with a deadly weapon - a knife - during the first trial.

However, jurors were unable to reach a decision regarding whether Washington was guilty of two counts each of kidnapping and first-degree murder.

The state filed for a retrial May 28.

Washington was sentenced Tuesday afternoon to two consecutive 15-year prison sentences for the aggravated battery counts, which he must serve regardless of the outcome of the retrial, said State Attorney's Office spokesperson Samantha Syoen.

Syoen said the retrial will focus on the four remaining charges. Jurors will be asked to determine Washington's guilt or innocence based only on the remaining counts against him.

Washington is the second defendant to be convicted in the Sosas' killings. Co-defendant Ashley Toye was sentenced to life in prison in 2007.

Paul Sullivan, Washington's defense attorney, could not be reached for comment Tuesday afternoon.

Washington's retrial begins at 9 a.m.

Fire department to conduct extrication exercise; Auto shop donates junkers to train on

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

Behind a gated fence along the curved back road where Southeast 26th Street meets Southeast 17th Avenue sits the Cape Coral Fire Department's haz-mat building.

It is quiet and nestled inconspicuously between condos, single-story homes and other city facilities, a short distance from Fire Station 3 along Everest Parkway.

But Tuesday, the building's relaxed locale seemed to clash wildly with a white four-door Cadillac resting on its side with the driver's side doors smashed in.

The unoccupied car sat wrecked in the parking lot, awaiting firefighters to perform an emergency extrication. The extrication is a training exercise which about 8 to 10 firefighters will perform this afternoon.

The exercise simulates real-life scenarios of dangerous accidents, where experience and training make the difference between life and death, using cars donated from and smashed up by local NAPA Preferred Auto Care manager Wes Dale and his wrecker crews.

"With money being tight with the city and everything, we're volunteering and giving stuff to them to practice and save on their budget," Dale said.

NAPA donates cars for about one training session every three or four months, depending on demand, that have come to them through prior accidents and arrests and those which have been abandoned to them.

"Rather than just haul them to the junkyard, we give them to these guys and they get to practice," he said. "It's teaching them to be safe around the vehicles."

The trainings, which have taken place for the past several years, entail cutting windshields and seat belts, crushing metal, stabilizing unsturdy vehicles and rescuing dummies which weigh nearly 150 pounds - all while dressed in full rescue gear in the summer heat.

"It may be fun to cut a car because there's no real person in there, but we train as if there's a live person in there," said Cape Coral Fire Department Lt. Hugo Sorensen. "It's been mostly for the new guys because when they come out they haven't seen things like this."

Hugo recalled his first day on duty in 1988, responding to an accident on Palm Tree Boulevard. A vehicle had collided with a palm tree and several children had died in the accident.

"You have to learn fast," he said.

The extrication training will be held from 1-4 p.m., and will serve as an advanced course for emergency personnel of various skill levels.

SW Florida Crime Stoppers adds Cape man to ‘wanted’ list; Perez sought for alleged role in attempted killing

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

A Cape Coral man, still on the run Monday from authorities following a June 25 torture and beating incident, has been added to Southwest Florida Crime Stoppers' 10 Most Wanted Criminals list, officials said.

Oscar Perez Jr. is wanted on charges of attempted second-degree murder, two counts of kidnapping, home invasion robbery and grand theft of a motor vehicle after police say he and three other men beat, tortured and attempted to kill a Cape man over an unpaid debt to Perez's mother.

Cape Coral police announced Friday that they had issued a warrant for the arrest of Perez, 27.

Perez and three others are accused of beating and torturing the victim in Perez's mother's home in her presence, and later in the presence of the victim's wife. According to police reports, they also stole various things from the victim's home, including a car, and threatened his wife and children with violence.

Perez's mother, Luz Huyo, has been charged with kidnapping, aggravated battery, home invasion robbery, larceny and vehicle theft in the incident.

Southwest Florida Crime Stoppers continues to reach out to the public for tips on where Perez or others involved in the incident might be located.

The organization now regards Perez among nine other accused killers, robbers and sexual abusers who threaten Lee County and remain on the run from law enforcement officials, according to Crime Stoppers coordinator Trish Routte.

"Being named as one of Crime Stoppers' Most Wanted puts Perez in a group of individuals who pose an absolute threat to our community," Routte said Monday in a prepared statement. "Anyone who could exhibit that level of torture and violence upon another human being is definitely deserving of the status as one of our most sought after criminals who needs to be put in jail where he can do no further harm."

Anyone with information regarding Perez's whereabouts or that of the three others involved in the incident is urged to anonymously call Crime Stoppers at (800) 780-TIPS (8477) and become eligible for $1,000 in reward money.

Police: Cape man burglarized two homes, stole items inside

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

A Cape Coral man was arrested and charged in two separate burglary incidents, one reported May 20 and another this past weekend, officials said Monday.

Joey Ray Sepulveda, 23, of 3023 S.W. Santa Barbara Place, was initially charged with occupied burglary, two counts of theft more than $300 but less than $5,000, three counts of dealing in stolen property and three counts of violating the Pawnbroker Act, according to city spokesperson Connie Barron.

Jail records indicate Sepulveda is currently charged with five counts of fraudulently pawning items less than $300, five counts of dealing in stolen property, three counts of theft $300 or more but less than $5,000, unarmed burglary of a dwelling and violation of probation for cocaine possession.

According to police, Sepulveda burglarized a home in the 3500 block of Southwest First Avenue at about 2 p.m. Saturday.

The homeowner told police that she had returned home to find Sepulveda in her kitchen rifling through her belongings.

Sepulveda fled when the homeowner confronted him, but was later located by a Lee County Sheriff's Office helicopter and detained, police said.

Police reportedly discovered multiple bags filled with belongings from the victim's home. They also found stolen Red, White & BOOM! tickets and the victim's husband's wallet in Sepulveda's possession.

Sepulveda told officers that he served as a lookout in the Saturday incident, but admitted to swiping items in an earlier burglary and pawning them for cash.

Police said Sepulveda stole two television sets, a laptop and personal checks from a relative in an incident reported May 20, then pawned the televisions and laptop at three separate Fort Myers pawn shops.

Sepulveda remained in custody Monday evening at the Lee County Jail, according to jail records.

Monday, July 6, 2009

Officials urge safety this Fourth of July weekend

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

The Fourth of July is a time for families to come together and celebrate, to watch the fireworks displays, toss some patties on the grill and enjoy the company of loved ones by the pool or on the beach. The word tragedy isn't a welcome or expected one.

With burning fireworks, hot grills and the various bodies of water in Cape Coral and Southwest Florida, a good-natured party has the potential to turn disastrous this holiday weekend.

In this regard, officials are warning that a little awareness and responsibility goes a long way.

A chief concern for officials this holiday weekend is the dangers of consumer fireworks.

According to city spokesperson Connie Barron, statistically, half of the fires sparked up on the Fourth of July are caused by fireworks. July 4 typically sees the most fires reported of any day of the year, she said.

Additionally, "In 2007, hospital emergency rooms treated an estimated 9,800 people for fireworks-related injuries," Barron said, citing figures from the National Fire Protection Association.

The city of Cape Coral responded to 167 fireworks complaints last holiday. No structure fires have been ignited as a result of fireworks use in the last three years, however there have been occasional grass fires and smoke investigations.

"Statistically, Cape Coral has been fortunate regarding fireworks incidents, but that doesn't mean we're going to let our guard down," said Dave Webster, public education specialist for the Cape Coral Fire Department. "We're looking forward to a quiet and uneventful weekend, but we're ready if the need occurs."

Webster said that not only are a majority of consumer fireworks in violation of city ordinance, they pose a serious threat.

"Any firework that explodes or leaves ground is illegal," Webster said.

However, vendors absolve themselves of liability by selling fireworks by signature of a waiver, stating purchasers are licensed to use them for agricultural or other purposes.

Few people fit the criteria in the language of the waivers, and professional pyrotechnicians typically buy from manufacturers directly rather than from vendors, Webster said.

However, various fireworks tents are propped up and residents are still buying the devices.

"We know people are going to use fireworks even though we wish that they would not, but fireworks should only be used by adults, they should be done away from structures, away from children especially, and setting them off in the open field beside your house is not a safe operation," he said. "The ground is just too dry and there's too many variables. There's no guarantee that they'll go up in the air and explode as you intend them to and fall safely to earth."

And, Webster said, it isn't just "the exploding kind" of firework that can be dangerous.

"The tips of sparklers burn at 1,200 degrees, easily hot enough to cause a third-degree burn," he said. "And yet we hand these to 3- and 4-year-old children. This is not a toy. It can be a dangerous item and it can lead to long term health concerns and tragedy."

Parents should pay close attention to children and should be the only ones allowed near fireworks, he said.

Ultimately, officials are recommending residents enjoy the holiday's magnificence-safely-by attending the city's annual professional show.

"We understand that our citizens want to celebrate the July 4th holiday, and we encourage them to travel to the downtown area to watch the impressive fireworks display at the Red, White & BOOM! event," Fire Chief Bill Van Helden said in a written release Thursday.

The event will take place along Cape Coral Parkway near the foot of the Cape Coral Bridge Saturday evening, and will feature music, food and fun for a modest admission fee of $1.

Even despite recent rains, forestry officials worry about forest fires.

"The problem is not every area is saturated right now," said Department of Forestry spokesperson Victor Hill. "There's still a lot of dry spots. People need to be sensitive to the fact that if these (fireworks) get in heavily wooded areas, they're going to be responsible for starting a wild fire, and that's considered arson."

Hill said that those using personal fireworks should know that it isn't just them who are affected by a fire.

"It's not just about the immediate area around you, it's about your neighbors and the potential to cause damage around you," Hill said. "We just want people to understand that their actions have consequences and we have to be responsible about what we do on the holidays."

Hill agreed residents would be safer and better suited to attend the Red, White and Boom celebration, and said all types of fireworks are dangerous.

Even still, "We're expecting that people are going to be out shooting fireworks off," Hill said. "So we're prepared to respond to that."

Forestry and local fire and police officials will be standing vigilant as always in preparation for the hazards posed by the holiday, Hill said.

While fireworks are a certainly a focus of concern, there are other areas of worry for parents, including swimming, boating, driving and grilling with open fires.

"Care has to be taken with small children," Webster said. "There should always be somebody at the home pool who is responsible for the children, not participating in any other activity except for paying strict attention to the children. Drownings can happen in a split second."

Webster also warns about boating dangers.

"Drinking and driving is a danger, drinking and driving your boat is a danger," Webster said. "You should have a designated driver for your automobile and boat, and protect the safety of everyone that's in your party."

Children should wear life vests at all times and they should be available to everyone in the boat, he said.

The Lee County Sheriff's Office Marine Unit, along with the Cape Coral, Sanibel and Fort Myers Police Departments, United States Coast Guard and Florida Fish and Wildlife Conservation Commission, will be targeting those breaking Florida's boating laws along the waterways of Lee County this weekend.

Approximately $4,200 collected for injured officer

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

The family of injured motorcycle officer Damien Garcia is now $4,200 closer to putting Garcia's 7-year-old daughter through college, or to fulfilling other monetary obligations they might have.

That is because of the efforts of Garcia's friend and avid motorcyclist Dave Lawler, the Fraternal Order of Police Lodge 33 and the giving nature of Garcia's community.

Saturday, motorcyclists rumbled through Cape Coral with purpose and kinship in their hearts; they rode on behalf of Garcia, and each had donated their money and time to show their support.

The event was a fund raiser planned by Lawler with the help of the FOP, which ended at GEO's Italian Restaurant on Pine Island Road.

Officers gathered again with Lawler Thursday as he presented the FOP with a check for about $4,200.

"His family is very grateful for this event, for the community coming together," said Cape Coral police Sgt. Robert Wardrop. "It means a lot to them, and to us also."

The check will be deposited into a "special needs account" opened at TIB Bank.

"We're very positive," Wardrop said. "Our prayers our continuing."

Lawler said the outcome of the fundraiser exceeded his expectations, and is heartened by the amount of support.

"The day of the ride, I couldn't even believe how many people showed up," Lawler said.

"I was dumfounded. I turned around and just saw bikes wrapped around the building. It was more than I could ask for."

Lawler, a friend of Garcia's and a fellow motorcyclist, felt compelled to help Garcia's family by organizing the fund raiser.

"Damien's been a good friend of mine for the past two years," he said. "He's a super, super great guy. When this accident happened, it just felt like something I had to do."

His outlook on Garcia's recovery is a positive one.

"He's doing a lot better," Lawler said. "Progress is slow, but we're just happy he's alive."

Another fund raiser on behalf of Garcia will be held Saturday at Lowes Home Improvement Center on Pine Island Road from 10 a.m. to 4 p.m.

The benefit will include a dunk tank, classic car show, Cape Coral Fire Department truck display and raffles, according to city spokesperson Connie Barron.

The store will also collect money through a bucket drive.

Warrant issued for Cape man sought in beating, torture; authorities seek assistance in locating suspects

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

Police have issued a warrant for the arrest of a Cape Coral man they believe was involved in a brutal beating and torture June 25, and are seeking to identify three other men involved in the incident.

A warrant has been issued for 27-year-old Oscar Perez Jr. on charges of attempted second-degree murder, two counts of kidnapping, home invasion robbery and grand theft of a motor vehicle.

Perez is accused of binding, severely beating and torturing a man after discovering the man owed money to his mother, Luz Huyo.

The victim was at Huyo's home doing tile work when the attack happened, police said.

Huyo, who was present during the attack, is currently in the Lee County Jail charged with two counts of kidnapping, aggravated battery, theft, home invasion robbery and grand theft of a vehicle.

The victim's wife was also forced to watch parts of the beating, and was told by the suspects her children would be killed if she went to police, according to reports.

Huyo and Perez then went to the victim's home where his wife and children were present, stealing various items including their car, reports state.

Crime Stoppers is now asking residents for their help locating Perez and identifying the three other men allegedly involved in the attack.

Anyone with information regarding the incident can anonymously call 800-780-TIPS (8477) and become eligible for cash rewards up to $1,000.

Wednesday, July 1, 2009

Cape man gets 22 years for mortgage fraud scam; Court: Received $3.5M in scheme

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 7/1/09

A Cape Coral man was sentenced in federal court Monday to serve 22 years in prison and pay millions of dollars in restitution for a 2005-06 mortgage fraud scheme.

Ronald Luczak, 37, was sentenced by U.S. District Judge John Steele, and must pay about $5.9 million in restitution to victims of the scheme, according to the U.S. Attorney's Office.

Luczak pleaded guilty to wire fraud and money laundering in September.

Cape Coral Equity and Development, a company owned by Luczak, received more than $5.8 million from the fraud scheme, officials said.

Court documents indicate that the company obtained more than $30 million in mortgages on 37 or more Cape properties.

U.S. attorneys say Luczak's company recruited straw buyers, indicating on mortgage documents that the buyers would purchase the properties; falsely inflated property values; fraudulently reported the incomes, occupations and employment of purported buyers; provided false schedules of real estate and assets said to be owned by the buyers; and falsely stated that the buyers would use the properties as primary residences.

Luczak's company participated in a "Ponzi-type arrangement," paying straw buyers' mortgage obligations with the proceeds of other straw buyers' mortgages, attorneys said.

Luczak's wife, Lisa, and New Jersey loan processor Sandra Mainardi were each previously sentenced to 46 months in prison for their roles in the scheme.

The case was investigated by the IRS and FBI, and was prosecuted by Assistant U.S. Attorney Davis Haas.

Mortgage fraud is an issue which the U.S. Attorney's Office says "plagues Middle Florida and has contributed to the current economic situation nationwide."

The U.S. Attorney's Office, FBI divisions of Tampa and Jacksonville, and various federal, state and local law enforcement groups have banded together to form the Middle District of Florida's Mortgage Fraud Surge. The program is an effort to focus resources on the mortgage fraud crisis and hasten bringing perpetrators to justice.

Cape man reports confronting home invasion robber

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 7/1/09

A Cape Coral man told police that he fought off a male robber in his home Monday afternoon.

The victim said he recovered a stolen cell phone during a physical altercation with the robber, but the man made off with $600 in cash, reports state.

The robbery was reported at 2 p.m. in the 200 block of Southwest 43rd Street.

Reports state that another occupant of the home told the victim that there was a strange noise coming from the garage area.

The victim said he confronted the alleged robber in the kitchen, who he described as a skinny white male with short, spiked hair and a thin jawline beard, wearing cargo shorts, a white T-shirt, and a black and blue baseball cap.

The victim told police that he did not recognize the man, but could identify him in a photo lineup.

Reports state that the robber told the victim that the home belonged to his aunt.

After retrieving his cell phone, the victim said he called 911. The robber fled in a white Infinity.

The victim said he discovered the $600 missing from a dresser drawer in the home.

Police found the robber's hat in the driveway, which had fallen off during the altercation, and a screwdriver on the garage floor, according to reports.

Small scratch marks were discovered on the interior garage door handle "as if someone attempted to open it with a sharp object," police reported.

Additionally, police lifted fingerprints from the interior garage door handle.

The victim said the interior and exterior doors had been locked prior to the alleged robbery.

The incident remains under investigation.