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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Shearod will be sentenced Oct. 5.

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.

Police: Man burglarizes Cape homes; Allegedly used stolen items to decorate own Cape home

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 5/19/09

A Cape Coral man allegedly told police he had burglarized between five and 10 homes since he became a resident this month - trying to keep up the appearance of his home.

Police said they arrested the man after a neighbor caught him stealing from a vacant rental home in her neighborhood.

Stephen Clifford Proctor, 46, has been arrested and charged in the May 11 burglary of a vacant home on Southwest 36th Terrace.

He could not provide the addresses of any of the previous burglaries, and has not been charged in those incidents.

Proctor's arrest came after a neighbor spotted him entering the home with his two pet dogs and stealing items, according to a police report.

The homeowner reportedly told police the residence has been vacant for about three months, and that it is a rental property. The homeowner said she did not know Proctor, nor did she give him permission to take things from the home.

A female resident claimed to have seen Proctor taking several items from the home, located in the 1300 block of Southwest 36th Terrace, including a hose caddy and several other small items.

She reportedly followed Proctor to another vacant home in the 3400 block of Southwest 11th Court, where she confronted him.

"She took photos of the vehicle, a red Jeep Cherokee, and noted the Georgia license plate number," city police spokesperson Connie Barron wrote in Monday's release.

When Cape police ran the tags, they reportedly discovered the number was not registered to anyone, but also noted that the same vehicle had been involved in a "burglary in progress" in December. At that time, the tag number had been registered to Proctor.

Cape officer Mark Bowman spotted the Jeep parked at Proctor's home at 931 S.W. 36th St. Thursday. Officers with Platoon 4 and the Street Crimes Unit maintained surveillance on the Jeep.

On Friday, detectives Jason Hicks and Nick Jones met with Proctor, who reportedly admitted to the burglary, one of between five and 10 since May 1.

Proctor was charged with unarmed burglary of an unoccupied dwelling and petit larceny. He posted $5,500 bond and was released Friday afternoon, according to Lee County Jail records.