Showing posts with label North Fort Myers. Show all posts
Showing posts with label North Fort Myers. Show all posts

Tuesday, August 11, 2009

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

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

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

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

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

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

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

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

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

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

Friday, July 17, 2009

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.

Thursday, May 21, 2009

Two North Fort Myers firefighters charged in Tween Waters fist fight

By CONNOR HOLMES
published in the Cape Coral Daily Breeze, the Sanibel-Captiva Islander and the North Fort Myers Neighbor 5/21/09

Two off-duty North Fort Myers firefighters were arrested and charged in a Captiva bar fight Tuesday evening and face an internal investigation by the North Fort Myers Fire District.

Anthony William Pearce and Erik Lee Arnold, both 29, were allegedly involved in a physical disturbance among 15-20 people in the parking lot of the Crows Nest Bar, part of the Tween Waters Inn at 15951 Captiva Drive, at about 9:31 p.m.

The fight caused a broken window and bloody injuries. It ended with a confrontation involving a sheriff's deputy's baton, Taser and handcuffs.

Both men have been with the North Fort Myers Fire District for more than four years, and have never had any disciplinary issues with the department prior to Tuesday's incident, said North Fort Myers Fire Chief Terry Pye.

"They're both excellent firefighters," he said. "They do a good job. We've never really ever had a problem with them. It's a very unfortunate incident, but it has happened and we are going to deal with it."

Pye said his department does not condone the actions of Pearce and Arnold, despite the fact that they were off duty at the time of the fight.

"They were off duty, but these gentlemen are firefighters," he said. "People look at that as a 24-hour job."

Pye said a parallel internal investigation, contingent on the outcome of any criminal action against the two, will determine what, if any, disciplinary steps will be taken.

Pearce and Arnold will likely be asked to attend anger management courses, he added.

When Deputy Michael Sawicki arrived on scene Tuesday, he observed Pearce injured, bloody and screaming as several men attempted to carry him away from the fight, according to police reports.

Sawicki said Arnold approached him aggressively, stating, "Take me to jail! Take me to jail!"

When Arnold refused to stop, Sawicki hit him several times with a collapsible baton and used his Taser until Arnold cooperated, according to the officer's report.

Tween Waters Inn employees told Sawicki that they witnessed Pearce, Arnold and an unknown male fighting. Arnold broke a window during the fight, they said.

Tween Waters Inn general manager Jeff Shuff could not be reached for comment Wednesday. Employees at the resort declined to comment in Shuff's absence.

Arnold was charged with resisting arrest with violence - a felony - and resisting a public lodge operator.

Pearce was charged with criminal mischief over $200 but under $1,000 and resisting a public lodge operator.

Pearce has been released on $2,000 bond, according to Lee County Jail booking records. Arnold has been released on $6,000 bond.

Wednesday, May 20, 2009

Man gets 10 years in purse snatching and battery incident involving elderly

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 5/20/09

A Fort Myers man accused of attacking and robbing a 90-year-old woman was sentenced to 10 years in prison following a one-day trial Tuesday.

A Lee County jury found Henry McCant Jr., 20, guilty of robbery by sudden snatching and battery of a person 65 or older after only an hour of deliberations in Judge Edward Volz's courtroom.

McCant Jr. snatched Evelyn Machette's purse and knocked her to the ground, injuring Machette, Nov. 7 at 3853 Cleveland Ave. near the Edison Mall.

"I think the sentencing was justified, but it's so sad that a young man like that should behave that way and then spend 10 years of his life in prison," Machette said Tuesday.

She declined further comment, citing emotional stress from the trial.

Machette was a state's witness during the trial, according to State Attorney's Office spokesperson Samantha Syoen.

"We are very satisfied with the verdict and with the sentencing, and we're proud of the victim for having the strength to take the stand and face her attacker," Syoen said.

McCant Jr. was also arrested Dec. 4 on drug charges after officials said he sold cocaine to an undercover officer.

Docket information from the Lee County Clerk of Courts indicates McCant Jr. was scheduled to stand trial for a third-degree felony drug charge as well Tuesday, however information regarding the charge was not available by press time.

Friday, April 17, 2009

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Morales is scheduled to be sentenced Monday along with Reed.

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

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

Wednesday, April 15, 2009

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

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

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

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

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

Gaphoor faces a possible life sentence if convicted.

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

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

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

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

Morales is scheduled to be sentenced April 20.

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

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

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

She will be sentenced April 20.

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

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

Wednesday, February 25, 2009

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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