By CONNOR HOLMES
published in the Cape Coral Daily Breeze 8/13/09
A 20-year-old Cape Coral man told police that he was robbed at knife point while jogging at a park.
The man, a Florida A&M student, said he was at Koza Saladino Park at 301 S.W. 30th Terrace when a Hispanic male grabbed him from behind and robbed him with a knife.
The incident reportedly occurred at 10:10 a.m. Monday.
The victim was told to hand over his gold chain and mp3 player, valued at $650. He was then told to lie down and not look at the suspect, reports state.
The suspect fled the area in a black Jeep Cherokee, the victim told police.
Police canvassed the area but were unsuccessful in locating a suspect. Officials said Tuesday afternoon that no arrests had been made.
A Cape Coral detective continues to investigate the incident.
Showing posts with label robbery. Show all posts
Showing posts with label robbery. Show all posts
Thursday, August 13, 2009
Wednesday, July 1, 2009
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.
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.
Thursday, June 25, 2009
Man reportedly robbed outside Cape home of cash and jewelry
By CONNOR HOLMES
published in the Cape Coral Daily Breeze 6/25/09
A Cape Coral man told police that he was robbed outside of his home Tuesday morning.
The alleged robber made off with jewelry, cash, a cell phone and set of keys valued at $1,445, according to police documents.
The victim reportedly said he was on the north side of his home, in the 2300 block of Southeast Eighth Place, when a black man wearing sunglasses and a bandana over his face grabbed him from behind and stated, "Gimme your money, give me your wallet, don't fight me, I'm not gonna hurt (you), just do what I tell you."
The robbery was reported at 11:20 a.m.
The alleged robber was approximately 25 years old, 6 feet tall, 165 pounds and was wearing a dark shirt, the victim told police.
The suspect snatched a necklace from the victim's neck and fled south with it and the other items, reports stated.
Helicopter and K-9 units responded and canvassed the area, but were unable to locate a suspect.
Police continue to investigate the incident.
Anyone with information on the incident can contact the Cape Coral Police Department at 574-3223.
published in the Cape Coral Daily Breeze 6/25/09
A Cape Coral man told police that he was robbed outside of his home Tuesday morning.
The alleged robber made off with jewelry, cash, a cell phone and set of keys valued at $1,445, according to police documents.
The victim reportedly said he was on the north side of his home, in the 2300 block of Southeast Eighth Place, when a black man wearing sunglasses and a bandana over his face grabbed him from behind and stated, "Gimme your money, give me your wallet, don't fight me, I'm not gonna hurt (you), just do what I tell you."
The robbery was reported at 11:20 a.m.
The alleged robber was approximately 25 years old, 6 feet tall, 165 pounds and was wearing a dark shirt, the victim told police.
The suspect snatched a necklace from the victim's neck and fled south with it and the other items, reports stated.
Helicopter and K-9 units responded and canvassed the area, but were unable to locate a suspect.
Police continue to investigate the incident.
Anyone with information on the incident can contact the Cape Coral Police Department at 574-3223.
Wednesday, May 27, 2009
Holiday robberies reported
By CONNOR HOLMES
published in the Cape Coral Daily Breeze 5/27/09
Two separate robberies were reported in Cape Coral Monday evening at the Cape Coral-Lee County Library and a gas station on Palm Tree Boulevard.
The robberies were reported within a few hours of each other, though they do not appear to be related.
At about 8:10 p.m., a 24-year-old male victim reportedly told police he was robbed of $1,400 in cash and attacked with a knife in the parking lot of the library, located at 921 S.W. 39th Terrace.
The victim, a Fort Myers resident, said he was meeting up with an individual named "Adam" to smoke marijuana in the library parking lot, according to police reports.
He claimed that two men accompanying Adam robbed him of the $1,400 after one of the men asked him to change $100, the reports state.
During the robbery, one of the men reportedly punched the victim and cut him with a knife from the passenger side of the victim's car, stating that the victim "liked to hurt little girls."
Reports state that the victim's ex-girlfriend told the victim "he got what he deserved" during a subsequent telephone conversation.
The victim and Adam could not locate the victim's assailants after the alleged robbery, according to reports.
At a 7-Eleven at 4700 Palm Tree Blvd., another 24-year-old male victim was reportedly battered and robbed at about 9:50 p.m.
The victim said he was walking to the store to purchase cigarettes when a red-haired male punched him in the nose, causing him to fall, according to reports.
The unknown male may have rifled through the victim's pockets or checked on the outside of his pants, and fled when he found nothing of value, reports state.
The victim was taken to the hospital to check if his nose was broken.
Police continue to investigate both incidents.
published in the Cape Coral Daily Breeze 5/27/09
Two separate robberies were reported in Cape Coral Monday evening at the Cape Coral-Lee County Library and a gas station on Palm Tree Boulevard.
The robberies were reported within a few hours of each other, though they do not appear to be related.
At about 8:10 p.m., a 24-year-old male victim reportedly told police he was robbed of $1,400 in cash and attacked with a knife in the parking lot of the library, located at 921 S.W. 39th Terrace.
The victim, a Fort Myers resident, said he was meeting up with an individual named "Adam" to smoke marijuana in the library parking lot, according to police reports.
He claimed that two men accompanying Adam robbed him of the $1,400 after one of the men asked him to change $100, the reports state.
During the robbery, one of the men reportedly punched the victim and cut him with a knife from the passenger side of the victim's car, stating that the victim "liked to hurt little girls."
Reports state that the victim's ex-girlfriend told the victim "he got what he deserved" during a subsequent telephone conversation.
The victim and Adam could not locate the victim's assailants after the alleged robbery, according to reports.
At a 7-Eleven at 4700 Palm Tree Blvd., another 24-year-old male victim was reportedly battered and robbed at about 9:50 p.m.
The victim said he was walking to the store to purchase cigarettes when a red-haired male punched him in the nose, causing him to fall, according to reports.
The unknown male may have rifled through the victim's pockets or checked on the outside of his pants, and fled when he found nothing of value, reports state.
The victim was taken to the hospital to check if his nose was broken.
Police continue to investigate both incidents.
Tuesday, April 21, 2009
Man to serve life for home invasion shooting death; Attorneys plan to appeal conviction
by CONNOR HOLMES
published in the Cape Coral Daily Breeze 4/21/09
One of five defendants in the 2005 home invasion shooting death of Jose Gomez was sentenced to life in prison Monday afternoon in a Lee County courtroom.
Anibal Morales, 22, was convicted of first-degree murder, two counts of attempted second-degree murder with a firearm and aggravated battery with a deadly weapon by a Lee County jury in early February.
Morales fatally shot Gomez through the heart during a robbery at 18060 Nalle Road, North Fort Myers, in November 2005, according to state prosecutors. Two others were shot, and another man was beaten with a tire iron.
Fort Myers police testified they later found the murder weapon in Morales' car during a traffic stop.
"We believe this case calls for the maximum sentence ... " Assistant State Attorney Andrew Marcus told Lee Circuit Judge Mark Steinbeck during Morales' sentencing hearing Monday, citing the use of firearms to kill Gomez and injure two others.
Steinbeck sentenced Morales to serve three mandatory life sentences and 15 years in prison consecutively for the charges of which he has been convicted.
Morales was the fourth suspect found guilty in Gomez's death.
Co-defendant Dave Gaphoor of Cape Coral was found guilty by a jury Thursday of first-degree murder, two counts of attempted second-degree murder with a firearm and aggravated battery with a deadly weapon.
He will be sentenced June 21 and faces a mandatory life prison sentence.
Miguel Pedraza is currently serving a life prison sentence in the incident.
He is in the process of appealing for a new trial, Marcus said Monday.
Christopher Neuberger was acquitted of first-degree murder, two counts of attempted second-degree murder and aggravated battery in a February jury trial.
Elizabeth Reed, who was initially scheduled to be sentenced Monday, agreed to be a state's witness against Gaphoor and also in an unrelated first-degree capital case in exchange for 10 years in prison and 15 years probation.
Reed pleaded guilty to second-degree murder and attempted home invasion robbery. Her sentencing has been moved to July 27 due to Gaphoor's recent conviction, Pedraza's appeal and other factors pending Reed's cooperation with ongoing investigations.
Morales will appeal his conviction, defense attorneys told Steinbeck.
published in the Cape Coral Daily Breeze 4/21/09
One of five defendants in the 2005 home invasion shooting death of Jose Gomez was sentenced to life in prison Monday afternoon in a Lee County courtroom.
Anibal Morales, 22, was convicted of first-degree murder, two counts of attempted second-degree murder with a firearm and aggravated battery with a deadly weapon by a Lee County jury in early February.
Morales fatally shot Gomez through the heart during a robbery at 18060 Nalle Road, North Fort Myers, in November 2005, according to state prosecutors. Two others were shot, and another man was beaten with a tire iron.
Fort Myers police testified they later found the murder weapon in Morales' car during a traffic stop.
"We believe this case calls for the maximum sentence ... " Assistant State Attorney Andrew Marcus told Lee Circuit Judge Mark Steinbeck during Morales' sentencing hearing Monday, citing the use of firearms to kill Gomez and injure two others.
Steinbeck sentenced Morales to serve three mandatory life sentences and 15 years in prison consecutively for the charges of which he has been convicted.
Morales was the fourth suspect found guilty in Gomez's death.
Co-defendant Dave Gaphoor of Cape Coral was found guilty by a jury Thursday of first-degree murder, two counts of attempted second-degree murder with a firearm and aggravated battery with a deadly weapon.
He will be sentenced June 21 and faces a mandatory life prison sentence.
Miguel Pedraza is currently serving a life prison sentence in the incident.
He is in the process of appealing for a new trial, Marcus said Monday.
Christopher Neuberger was acquitted of first-degree murder, two counts of attempted second-degree murder and aggravated battery in a February jury trial.
Elizabeth Reed, who was initially scheduled to be sentenced Monday, agreed to be a state's witness against Gaphoor and also in an unrelated first-degree capital case in exchange for 10 years in prison and 15 years probation.
Reed pleaded guilty to second-degree murder and attempted home invasion robbery. Her sentencing has been moved to July 27 due to Gaphoor's recent conviction, Pedraza's appeal and other factors pending Reed's cooperation with ongoing investigations.
Morales will appeal his conviction, defense attorneys told Steinbeck.
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.
published in the Cape Coral Daily Breeze 4/17/09
Dave Gaphoor embraced his mother, removed his coat and let the bailiff take his fingerprints after a 12-person Lee County jury found him guilty Thursday of first-degree felony murder, two counts of attempted second-degree murder with a firearm and aggravated battery with a deadly weapon.
Gaphoor has been convicted as a principle in the 2005 shooting death of Jose Gomez, 25, which occurred during an armed robbery in which Gaphoor took part.
Several others were injured, including Rigoberto Vasquez, who state attorneys argued was shot in the stomach by Gaphoor, and later in the arm by co-defendant Anibal Morales; Jose Reyes-Garcia, who was shot in the arm by Morales; and Salatiel Vasquez, who was beaten with a tire iron.
The jury returned from approximately three hours and 45 minutes of deliberations at 8 p.m. with the verdict finding Gaphoor guilty on all counts.
At the tail end of a three-day trial and years of preparation by state and defense attorneys, Assistant State Attorney Andrew Marcus said he believed the jury made the right decision.
"I'm very pleased with the verdict," he said Thursday. "This is a tough case. It was very emotional for the jurors, but I think it was the right decision given the evidence and the facts of the case."
Defense council declined to comment, though assistant public defenders Kathleen Fitzgeorge and Connie Kelly were visibly upset after the reading of the verdict, attempting to comfort family members and friends of Gaphoor.
Tracy Barrett, whose twin sister Stacy Francis is the mother of Gaphoor's young son, said she does not believe Gaphoor is capable of the violent acts depicted by witnesses and the state during the trial.
"I feel like it was the wrong verdict," she said, citing a lack of physical evidence placing Gaphoor at the scene of the robbery. "They couldn't even put him at the crime scene at all. The Lee County Sheriff's department did not do a good job in processing evidence. I really do feel like he was framed."
Due to a lack of what Marcus called "scientific evidence" linking Gaphoor directly to the robbery, jurors were asked to cautiously regard the testimony of co-defendant Elizabeth Reed, who placed Gaphoor at the crime scene, along with that of eyewitness Eduardo Pardo-Martinez and other evidence presented during trial.
"There is no DNA evidence or fingerprint evidence connecting anyone to this crime," he said during his closing arguments. "Does that mean no one did it? Of course not. You cannot turn a blind eye on the facts of this case."
Kelly argued the description Pardo-Martinez gave to detectives better fit co-defendant Miguel Pedraza, who is serving a life prison sentence in Gomez's slaying.
Additionally, she argued, Reed is untrustworthy because she cut a deal with state prosecutors for 10 years in prison and 15 years probation in exchange for a guilty plea and her testimony.
"Elizabeth Reed ... is a liar, but she is not an idiot," Kelly said. "She knew exactly what she had to say, how she had to spin it, when she needed to embellish ... to ensure she kept her deal. The state and law enforcement officers utterly failed in their duty to prove this case beyond and to the exclusion of every reasonable doubt."
Though jurors disagreed with Kelly as to the state being unable to prove its case, Barrett and Francis said they think Reed's testimony cannot be trusted.
"She would say whatever it is they wanted her to say to get her plea deal," Francis said.
She added that she is upset Gaphoor can no longer be there for his son and other children.
"He has a 2-year-old son he's never met until yesterday," Francis said. "(Gaphoor's children) had to hear this awful thing, that their father is gone for life."
Gaphoor was the last of five defendants in the case to stand trial.
In February, Morales was convicted of first-degree murder, two counts of attempted second-degree murder and aggravated battery. The state dropped an attempted home invasion robbery charge against him.
Morales is scheduled to be sentenced Monday along with Reed.
Christopher Neuberger was acquitted of first-degree murder, two counts of attempted second-degree murder and aggravated battery in a February jury trial.
Gaphoor will be sentenced June 21 before Lee Circuit Judge Mark Steinbeck. He faces life in prison.
Co-defendant in ’05 home invasion shooting testifies; Cape man facing life if found guilty
by CONNOR HOLMES
published in the Cape Coral Daily Breeze 4/16/09
Dave Gaphoor, Anibal Morales, Christopher Neuberger, Miguel Pedraza and Elizabeth Reed spent the evening of Nov. 23, 2005, driving around in a Ford Expedition, sniffing cocaine, smoking marijuana and scouring Lee County for a group of Hispanics to rob at gunpoint.
That is the picture Reed painted Wednesday as she took the stand against Gaphoor in day two of his trial in the slaying of 25-year-old Jose Gomez.
Gaphoor faces a life prison sentence if convicted of first-degree murder, two counts of attempted second-degree murder, one count of aggravated battery and one count of attempted home invasion robbery.
He is accused in a break-in at 18060 Nalle Road, North Fort Myers, that led to Gomez being shot through the heart and several others injured.
When Reed was arrested in January 2006, she faced the same charges Gaphoor is facing.
However, Reed agreed to testify as a state's witness not only against Gaphoor, but also in an unrelated case, in exchange for a lighter prison sentence - taking the death penalty or life sentence off the table.
Reed now faces 10 years in prison and 15 years on state probation for second-degree murder and home invasion robbery. She will be sentenced Monday.
Initial statements Reed made to Lee County Sheriff's detectives indicated Pedraza was not involved in the robbery.
She later admitted Pedraza suggested a robbery of the Nalle Road home because his uncle, Rafael Tinoco, housed 17 Hispanic construction workers there, testimony revealed.
"As long as you testify to what (state attorneys) expect, you feel you've upheld your part of the bargain," Kathleen Fitzgeorge, Gaphoor's defense attorney, told Reed.
Fitzgeorge asked if Reed changed her statement at the whims of the State Attorney's Office, "because you believed it was in your best interest."
Yes, Reed said, it was in her best interest to testify, but her testimony was truthful whereas her statements to detectives were meant to protect Pedraza.
Reed testified that she, Gaphoor, Morales, Neuberger and Pedraza drove to the home close to midnight and parked in a driveway across the street. Gaphoor, Morales and Neuberger committed the robbery, while she and Pedraza waited in the car.
That is when Reed heard gunfire, she said.
"I lost count after ten (shots)," Reed said.
When Gaphoor, Morales and Neuberger returned to the car they called the robbery a "waste of time" and the five left the crime scene, she testified.
But what was left behind for detectives to find was the body of Gomez, shot through the heart, foot and ankle, along with several injured and scared construction workers and a house riddled with bullet holes and spent ammo, detectives testified.
Medical examiner Robert Phalzgraf testified that an autopsy revealed the shot through Gomez's heart, which traveled through his diaphragm and liver before exiting from his lower back, killed him.
"It's my opinion that (Gomez) died of a gunshot wound to the chest with a perforation to the heart," he said.
Morales was convicted of first-degree murder, two counts of attempted second-degree murder and aggravated battery in February. The state dropped an attempted home invasion robbery charge against him.
Morales also is scheduled to be sentenced Monday.
Neuberger was acquitted of first-degree murder, two counts of attempted second-degree murder and aggravated battery in a February jury trial.
Pedraza was found guilty of first-degree murder and sentenced to life in prison.
Gaphoor's trial resumes today at 9:30 a.m.
published in the Cape Coral Daily Breeze 4/16/09
Dave Gaphoor, Anibal Morales, Christopher Neuberger, Miguel Pedraza and Elizabeth Reed spent the evening of Nov. 23, 2005, driving around in a Ford Expedition, sniffing cocaine, smoking marijuana and scouring Lee County for a group of Hispanics to rob at gunpoint.
That is the picture Reed painted Wednesday as she took the stand against Gaphoor in day two of his trial in the slaying of 25-year-old Jose Gomez.
Gaphoor faces a life prison sentence if convicted of first-degree murder, two counts of attempted second-degree murder, one count of aggravated battery and one count of attempted home invasion robbery.
He is accused in a break-in at 18060 Nalle Road, North Fort Myers, that led to Gomez being shot through the heart and several others injured.
When Reed was arrested in January 2006, she faced the same charges Gaphoor is facing.
However, Reed agreed to testify as a state's witness not only against Gaphoor, but also in an unrelated case, in exchange for a lighter prison sentence - taking the death penalty or life sentence off the table.
Reed now faces 10 years in prison and 15 years on state probation for second-degree murder and home invasion robbery. She will be sentenced Monday.
Initial statements Reed made to Lee County Sheriff's detectives indicated Pedraza was not involved in the robbery.
She later admitted Pedraza suggested a robbery of the Nalle Road home because his uncle, Rafael Tinoco, housed 17 Hispanic construction workers there, testimony revealed.
"As long as you testify to what (state attorneys) expect, you feel you've upheld your part of the bargain," Kathleen Fitzgeorge, Gaphoor's defense attorney, told Reed.
Fitzgeorge asked if Reed changed her statement at the whims of the State Attorney's Office, "because you believed it was in your best interest."
Yes, Reed said, it was in her best interest to testify, but her testimony was truthful whereas her statements to detectives were meant to protect Pedraza.
Reed testified that she, Gaphoor, Morales, Neuberger and Pedraza drove to the home close to midnight and parked in a driveway across the street. Gaphoor, Morales and Neuberger committed the robbery, while she and Pedraza waited in the car.
That is when Reed heard gunfire, she said.
"I lost count after ten (shots)," Reed said.
When Gaphoor, Morales and Neuberger returned to the car they called the robbery a "waste of time" and the five left the crime scene, she testified.
But what was left behind for detectives to find was the body of Gomez, shot through the heart, foot and ankle, along with several injured and scared construction workers and a house riddled with bullet holes and spent ammo, detectives testified.
Medical examiner Robert Phalzgraf testified that an autopsy revealed the shot through Gomez's heart, which traveled through his diaphragm and liver before exiting from his lower back, killed him.
"It's my opinion that (Gomez) died of a gunshot wound to the chest with a perforation to the heart," he said.
Morales was convicted of first-degree murder, two counts of attempted second-degree murder and aggravated battery in February. The state dropped an attempted home invasion robbery charge against him.
Morales also is scheduled to be sentenced Monday.
Neuberger was acquitted of first-degree murder, two counts of attempted second-degree murder and aggravated battery in a February jury trial.
Pedraza was found guilty of first-degree murder and sentenced to life in prison.
Gaphoor's trial resumes today at 9:30 a.m.
Thursday, March 19, 2009
Three charged with armed robbery, battery of Cape resident
by CONNOR HOLMES
published in the Cape Coral Daily Breeze 3/19/09
Police have accused a brother, sister and the sister's boyfriend of robbing and beating a Cape Coral resident with a firearm Jan. 26.
According to Cape police, Sarah Travis, 21; Nicholas Travis, 26; and Alvester Conner, 18, were arrested and charged Tuesday with armed robbery and aggravated battery with a deadly weapon. Conner was additionally charged with resisting an officer without violence.
All three remained in the Lee County Jail Wednesday evening without bond, according to booking records.
The victim told police Sarah and Nicholas Travis drove with Conner to his Cape Coral home at about 7 p.m., beat him with a pistol that "looked like the one police carry" and stole cash from him.
The suspects had allegedly come to the victim's home to go fishing with him, and asked if he had money to buy bait. When the victim showed the suspects his money, Conner and Nicholas Travis exited the vehicle, beat him with what Conner told police was a BB gun, and took his money, according to reports.
The suspects fled when the victim's grandfather exited the home, the victim said.
Sarah Travis reportedly told officers the victim had contacted her to "sell her pills" the day of the alleged robbery, and that she had not seen her brother Nicholas Travis in "some time," calling him the black sheep of the family.
The victim identified Sarah Travis, Nicholas Travis and Conner out of a photographic lineup. He admitted himself to the Cape Coral Hospital for injuries to his face, eye and other extremities, according to police.
published in the Cape Coral Daily Breeze 3/19/09
Police have accused a brother, sister and the sister's boyfriend of robbing and beating a Cape Coral resident with a firearm Jan. 26.
According to Cape police, Sarah Travis, 21; Nicholas Travis, 26; and Alvester Conner, 18, were arrested and charged Tuesday with armed robbery and aggravated battery with a deadly weapon. Conner was additionally charged with resisting an officer without violence.
All three remained in the Lee County Jail Wednesday evening without bond, according to booking records.
The victim told police Sarah and Nicholas Travis drove with Conner to his Cape Coral home at about 7 p.m., beat him with a pistol that "looked like the one police carry" and stole cash from him.
The suspects had allegedly come to the victim's home to go fishing with him, and asked if he had money to buy bait. When the victim showed the suspects his money, Conner and Nicholas Travis exited the vehicle, beat him with what Conner told police was a BB gun, and took his money, according to reports.
The suspects fled when the victim's grandfather exited the home, the victim said.
Sarah Travis reportedly told officers the victim had contacted her to "sell her pills" the day of the alleged robbery, and that she had not seen her brother Nicholas Travis in "some time," calling him the black sheep of the family.
The victim identified Sarah Travis, Nicholas Travis and Conner out of a photographic lineup. He admitted himself to the Cape Coral Hospital for injuries to his face, eye and other extremities, according to police.
Wednesday, March 11, 2009
Judge: Cape teen guilty in Circle K robberies
by CONNOR HOLMES
published in the Cape Coral Daily Breeze 3/10/09
A Cape Coral teen was adjudicated guilty of robbing four Circle K convenient stores in January, and sentenced to undergo a residential drug treatment program Tuesday afternoon in a Lee County courtroom.
Brian Robert Covello, 17, was charged with four counts of robbery after he allegedly implied he had a gun and robbed the four Cape Coral stores under the influence of narcotics. He pleaded no contest to the charges last month.
Despite Covello's remorse, pleas of family members and defense lawyer Joseph Viacava's hopes Covello would get a lighter sentence, Lee Circuit Judge Bruce Kyle sentenced him to undergo the moderate-risk program.
Kyle cited Covello's intelligence and accomplishments at Canterbury School as reasoning that Covello should have found a way to seek help for drug issues in lieu of robbing the stores.
"You of all people should know better," he said. "I have no choice but to adjudicate you guilty on all counts."
Covello got two breaks, Kyle said. The first was that the State Attorney's Office did not pursue charges against him in adult court. The second, he said, was that not a single clerk at any of the stores pulled a gun on him.
"You're lucky to be alive today," Kyle said.
The "life skills" program could last anywhere up to several months, though Covello will try to complete the program as quickly as possible, Viacava said.
Covello expressed remorse to those he robbed and a willingness to accept his punishment before the courtroom Tuesday.
"No matter what punishments are imposed on me ... more than anything I'll do it willingly and upfront," he said. "I just want the court to know there's not a day goes by in the past month that I don't think about my actions."
The highly intelligent 11th-grader who spent his entire school career at Canterbury had to leave the school and lost his shot at several colleges he was hoping to attend, he said.
Covello will aspire to become an oral surgeon, though that goal was made notably tougher when he began self-medicating an anxiety problem with Xanex and marijuana, things he said led to the night of robberies and his subsequent arrest.
Mother Jackie Covello told the court her son had always aspired to greatness in all that he did, and that what he did was unforgivable. She said she is glad no one got hurt in the robbery incidents, including her son.
"The best thing to ever happen was for him to be arrested," she said.
Assistant state attorneys and the robbery victims told Kyle that Covello's "gifts" and accomplishments were not enough to warrant leniency.
"Although he threatened he had a gun, this was very scary for my employees," Linda Concord, owner of several of the Circle K stores Covello robbed, wrote in a statement read aloud by a court aid Tuesday. "He should be punished and not be associated with the public for a while."
Several store clerks also urged Kyle to impose a strong sentence.
published in the Cape Coral Daily Breeze 3/10/09
A Cape Coral teen was adjudicated guilty of robbing four Circle K convenient stores in January, and sentenced to undergo a residential drug treatment program Tuesday afternoon in a Lee County courtroom.
Brian Robert Covello, 17, was charged with four counts of robbery after he allegedly implied he had a gun and robbed the four Cape Coral stores under the influence of narcotics. He pleaded no contest to the charges last month.
Despite Covello's remorse, pleas of family members and defense lawyer Joseph Viacava's hopes Covello would get a lighter sentence, Lee Circuit Judge Bruce Kyle sentenced him to undergo the moderate-risk program.
Kyle cited Covello's intelligence and accomplishments at Canterbury School as reasoning that Covello should have found a way to seek help for drug issues in lieu of robbing the stores.
"You of all people should know better," he said. "I have no choice but to adjudicate you guilty on all counts."
Covello got two breaks, Kyle said. The first was that the State Attorney's Office did not pursue charges against him in adult court. The second, he said, was that not a single clerk at any of the stores pulled a gun on him.
"You're lucky to be alive today," Kyle said.
The "life skills" program could last anywhere up to several months, though Covello will try to complete the program as quickly as possible, Viacava said.
Covello expressed remorse to those he robbed and a willingness to accept his punishment before the courtroom Tuesday.
"No matter what punishments are imposed on me ... more than anything I'll do it willingly and upfront," he said. "I just want the court to know there's not a day goes by in the past month that I don't think about my actions."
The highly intelligent 11th-grader who spent his entire school career at Canterbury had to leave the school and lost his shot at several colleges he was hoping to attend, he said.
Covello will aspire to become an oral surgeon, though that goal was made notably tougher when he began self-medicating an anxiety problem with Xanex and marijuana, things he said led to the night of robberies and his subsequent arrest.
Mother Jackie Covello told the court her son had always aspired to greatness in all that he did, and that what he did was unforgivable. She said she is glad no one got hurt in the robbery incidents, including her son.
"The best thing to ever happen was for him to be arrested," she said.
Assistant state attorneys and the robbery victims told Kyle that Covello's "gifts" and accomplishments were not enough to warrant leniency.
"Although he threatened he had a gun, this was very scary for my employees," Linda Concord, owner of several of the Circle K stores Covello robbed, wrote in a statement read aloud by a court aid Tuesday. "He should be punished and not be associated with the public for a while."
Several store clerks also urged Kyle to impose a strong sentence.
Wednesday, February 25, 2009
Teen pleads no contest in convenience store robberies
by CONNOR HOLMES
published in the Cape Coral Daily Breeze 2/12/09
A Cape Coral teen accused of robbing several gas station convenience stores last month has pleaded no contest to charges against him, officials with the State Attorney's Office said Thursday.
Brian Robert Covello, 17, pleaded no contest to four counts of robbery Feb. 6, according to State Attorney's Office spokesperson Samantha Syoen.
Police arrested Covello in January after accusing him of robbing four separate Circle K convenient stores in Cape Coral.
Covello will have a disposition hearing March 10 before Judge Bruce Kyle. After hearing recommendations by the Juvenile Justice Center, State Attorney's Office and Covello's defense attorney, Kyle will make a determination regarding Covello's adjudication, Syoen said.
Covello's attorney, Joseph Viacava of the Wilbur Smith Law Firm in Fort Myers, said Covello pleaded no contest in order to avoid facing possible prison time in the adult court system.
"He obviously has made a poor decision in respect to this situation," Viacava said. "He's a 17-year-old kid and clearly there's some other issues surrounding it that will come out during sentencing."
Covello made a poor choice, but an isolated one, and has excelled as a student at Canterbury School, he said.
"You don't do that by accident," Viacava said of Covello's success in school.
If Covello pleaded not guilty, state attorneys could potentially direct-file, which means Covello would be treated as an adult and could face prison time, Viacava said.
"He's made his mistake. He wants to pay his penance and do whatever he can, and hopefully the judge understands that, and he looks forward to a healthy and productive future," he said.
Syoen said the state can direct-file depending on the specific circumstances of a case, including the age of the accused and the severity of the crime.
She did not say if the state had planned to direct-file in Covello's case or what it will recommend to the judge for adjudication.
published in the Cape Coral Daily Breeze 2/12/09
A Cape Coral teen accused of robbing several gas station convenience stores last month has pleaded no contest to charges against him, officials with the State Attorney's Office said Thursday.
Brian Robert Covello, 17, pleaded no contest to four counts of robbery Feb. 6, according to State Attorney's Office spokesperson Samantha Syoen.
Police arrested Covello in January after accusing him of robbing four separate Circle K convenient stores in Cape Coral.
Covello will have a disposition hearing March 10 before Judge Bruce Kyle. After hearing recommendations by the Juvenile Justice Center, State Attorney's Office and Covello's defense attorney, Kyle will make a determination regarding Covello's adjudication, Syoen said.
Covello's attorney, Joseph Viacava of the Wilbur Smith Law Firm in Fort Myers, said Covello pleaded no contest in order to avoid facing possible prison time in the adult court system.
"He obviously has made a poor decision in respect to this situation," Viacava said. "He's a 17-year-old kid and clearly there's some other issues surrounding it that will come out during sentencing."
Covello made a poor choice, but an isolated one, and has excelled as a student at Canterbury School, he said.
"You don't do that by accident," Viacava said of Covello's success in school.
If Covello pleaded not guilty, state attorneys could potentially direct-file, which means Covello would be treated as an adult and could face prison time, Viacava said.
"He's made his mistake. He wants to pay his penance and do whatever he can, and hopefully the judge understands that, and he looks forward to a healthy and productive future," he said.
Syoen said the state can direct-file depending on the specific circumstances of a case, including the age of the accused and the severity of the crime.
She did not say if the state had planned to direct-file in Covello's case or what it will recommend to the judge for adjudication.
Alleged home robbery leads to grow house bust; Cape police charge 5 in incident
by CONNOR HOLMES
published in the Cape Coral Daily Breeze 2/11/09
Five Southwest Florida residents were arrested and charged in relation to the trafficking and growth of marijuana after police responded Monday morning to a robbery call in northwest Cape Coral.
As a result of the investigation, police reportedly uncovered two marijuana grow houses in the Cape, including the home of the alleged robbery.
Police responded to a robbery with shots fired at 1613 N.W. 31st Place at about 4:28 a.m. and discovered the home was a marijuana cultivation site, according to city spokesperson Connie Barron.
The home is owned by Edwin and Sandra Perez of Miami, according to Lee County property records.
The Perezes did not immediately return phone calls from the Breeze Tuesday afternoon.
Gonzalo Paez, 38, of Cape Coral, and Yoel Lorenzo, 32, Adenys Boneyes, 36, and Palo Sabon, 38, all of Naples, were each charged with trafficking marijuana over 25 pounds and resisting without violence. The home's occupant, Geovanny Manuel Rodriguez-Ortez, 31, was charged with trafficking marijuana over 25 pounds and cultivation of cannabis.
Before police arrived, Paez, Lorenzo, Boneyes and Sabon fled the scene in a minivan, which they later abandoned in a vacant field on Northwest 37th Place to elude officers in fields and nearby canals, according to reports.
Police reportedly discovered 30.3 pounds of marijuana and two bags of cocaine in the minivan, and later detained all four occupants. Aside from various pieces of cultivation equipment, police discovered 23.4 pounds of cannabis and root systems in the home Ortez was occupying.
A nearby neighbor, who requested not to be identified, said he was surprised to hear the home might have been used to grow marijuana.
"It's a shame that this stuff is happening," said the neighbor, an eight-year resident of the area. "This is a nice neighborhood. There's been no other problems that I know of."
The neighbor said the home had been rented to several different tenants over the past few years. He personally did not know the current residents, but said that they seemed to behave like a normal family.
"I don't think anybody realized it was (allegedly) a grow house," he said.
Ortez reportedly admitted to using a second Cape Coral home to grow marijuana, located at 2106 N.E. 23rd Place, where police said they discovered 63.9 pounds of the drug.
Despite reports of shots fired during the alleged robbery, none of the suspects were harmed during the incident, Barron said.
K-9, investigative services, patrol and forensics units with the Cape Coral Police Department, along with a Lee County Sheriff's Office helicopter, were used to apprehend the suspects.
Paez and Lorenzo were released from the Lee County Jail on $31,000 bond, according to jail records. Ortez was released on $31,500 bond.
Records show Adenys and Sabon remained in custody Tuesday evening.
published in the Cape Coral Daily Breeze 2/11/09
Five Southwest Florida residents were arrested and charged in relation to the trafficking and growth of marijuana after police responded Monday morning to a robbery call in northwest Cape Coral.
As a result of the investigation, police reportedly uncovered two marijuana grow houses in the Cape, including the home of the alleged robbery.
Police responded to a robbery with shots fired at 1613 N.W. 31st Place at about 4:28 a.m. and discovered the home was a marijuana cultivation site, according to city spokesperson Connie Barron.
The home is owned by Edwin and Sandra Perez of Miami, according to Lee County property records.
The Perezes did not immediately return phone calls from the Breeze Tuesday afternoon.
Gonzalo Paez, 38, of Cape Coral, and Yoel Lorenzo, 32, Adenys Boneyes, 36, and Palo Sabon, 38, all of Naples, were each charged with trafficking marijuana over 25 pounds and resisting without violence. The home's occupant, Geovanny Manuel Rodriguez-Ortez, 31, was charged with trafficking marijuana over 25 pounds and cultivation of cannabis.
Before police arrived, Paez, Lorenzo, Boneyes and Sabon fled the scene in a minivan, which they later abandoned in a vacant field on Northwest 37th Place to elude officers in fields and nearby canals, according to reports.
Police reportedly discovered 30.3 pounds of marijuana and two bags of cocaine in the minivan, and later detained all four occupants. Aside from various pieces of cultivation equipment, police discovered 23.4 pounds of cannabis and root systems in the home Ortez was occupying.
A nearby neighbor, who requested not to be identified, said he was surprised to hear the home might have been used to grow marijuana.
"It's a shame that this stuff is happening," said the neighbor, an eight-year resident of the area. "This is a nice neighborhood. There's been no other problems that I know of."
The neighbor said the home had been rented to several different tenants over the past few years. He personally did not know the current residents, but said that they seemed to behave like a normal family.
"I don't think anybody realized it was (allegedly) a grow house," he said.
Ortez reportedly admitted to using a second Cape Coral home to grow marijuana, located at 2106 N.E. 23rd Place, where police said they discovered 63.9 pounds of the drug.
Despite reports of shots fired during the alleged robbery, none of the suspects were harmed during the incident, Barron said.
K-9, investigative services, patrol and forensics units with the Cape Coral Police Department, along with a Lee County Sheriff's Office helicopter, were used to apprehend the suspects.
Paez and Lorenzo were released from the Lee County Jail on $31,000 bond, according to jail records. Ortez was released on $31,500 bond.
Records show Adenys and Sabon remained in custody Tuesday evening.
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