Friday, August 21, 2009

Charges pending in fatal rollover as CCPD continues with investigation

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 8/21/09

Police continue to investigate an alleged drunk driving crash which took the life of Shawn M. Hough, 27, Wednesday evening.

Hough was killed in a fatal rollover that occurred along Santa Barbara Boulevard at about 10:52 p.m. According to police, Hough was a passenger in a 1999 Dodge Avenger from which he was ejected and pinned beneath, causing him fatal injuries.

Hough was taken to Lee Memorial Hospital, where he was pronounced dead at 1:10 a.m. Thursday.

The driver, Andrew Worner Curl, 26, had a blood alcohol level of .257 when the crash happened, more than three times the legal limit to drive in Florida.

Curl received minor injuries in the crash.

Charges are pending against Curl, police said Thursday.

Curl has previously been charged by police in Lee County, beginning in 2001 with domestic battery, robbery, violating open container liquor laws, battery and driving with a suspended license.

Court records indicate domestic battery charges were dropped in 2002, though Curl was also convicted of robbery the same year.

According to police, Curl was driving northbound on Santa Barbara Boulevard when he lost control of his vehicle. The car spun counterclockwise onto the property of 1236 Santa Barbara Blvd., where it ejected and rolled over Hough, who was not wearing a seat belt.

Hough is the fifth traffic fatality in Cape Coral this year.

Thursday, August 20, 2009

Mother of hit and run victim asks for public’s help to find van driver; Investigation is continuing

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 8/20/09

Ryan Garrett likes to ride his bike to his girlfriend's house.

The 15-year-old Mariner High School student has made the same trip countless times. He takes El Dorado Boulevard to Tropicana Parkway, heads west. There are no sidewalks along the way.

According to an accident report, Garrett rode on the north shoulder of the outside westbound lane of Tropicana when he made that trip Tuesday at about 10:18 a.m.

He never made it to his destination, said Garrett's mother, Jill Kempa.

"He was riding his bike and somebody hit him from behind," she said Wednesday. "The passenger side mirror hit the back of his head and he flipped forward. He has road rash all over the front of him."

Garrett also suffered a serious bump on the back of his head, which ultimately had to be stapled at the hospital.

He was not wearing a helmet at the time.

The driver, who Garrett says hit him in a white work van, took off.

Someone had called 911 for her son, Kempa said, but the caller was not at the accident scene when police and emergency workers arrived.

When Kempa arrived on scene, she saw the various emergency vehicles and feared the worst.

"My first initial response was my son and making sure that he was OK and taking care of him," she said. "It's overwhelming. You don't know what's happening. All you see is a bunch of blood."

Garrett will recover from his injuries, but Kempa's fears let way to anger when she realized Garrett was the victim of a hit and run.

"I can't imagine leaving a child on the side of the road bleeding, like he was," she said.

Garrett told police that he was struck by a white work van with a red ladder attached to the roof. He described the van as a late 1990s or early 2000s model Ford or Chevy with a silver or gray grill.

He was unable to provide a description of the driver.

Kempa, who lives along Diplomat Parkway with her husband and three children, ages 17 months and 4 and 15 years old, hopes the public will help police find the driver or that the driver will turn himself or herself in.

If there is a lesson mothers should learn from all this, Kempa said it is to make sure their children wear a helmet while riding their bicycles.

Police are actively searching for the driver who struck Garrett, and are asking anyone with information about the accident to contact the Cape Coral Police Department at 574-3223 or Crime Stoppers at (800) 780-8477 (TIPS).

‘Cash Feenz’ receives 40 years for guilty plea; Defendant must give testimony

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 8/20/09




1.) Alleged “Cash Feenz” double murder defendant Paul Nunes pleads guilty Wednesday in the 2006 slayings of Alexis and Jeffrey Sosa in a Lee
County courtroom. Photo copyright the Cape Coral Breeze.


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Alleged "Cash Feenz" defendant Paul Nunes changed his plea Wednesday to guilty in the 2006 Cape Coral double murder of Jeffrey and Alexis Sosa, less than a week before co-defendant Kemar Johnston is scheduled to begin trial in Lee County.

The 21-year-old, on reduced charges of two counts each of second-degree murder, kidnapping and aggravated battery and one count of arson, will be sentenced to 40 years in prison pending his truthful testimony in the upcoming trials of co-defendants Johnston and Kenneth Lopez.

If gone to trial and found guilty, Nunes faced death.

"Obviously it's difficult to have that call made, but it's the decision that's in his best interest and he's going to do the best he can now," said Nunes' attorney, David Peckins of Miami. "We discussed it with him and he felt it was in his best interest to avoid going to trial and possibly getting the death penalty."

Both Nunes' mother and a younger female family member shared long, tearful hugs with Nunes following his guilty plea.

Family members declined to comment on Nunes' decision Wednesday.

"He's been in custody three years and I don't think he's had a chance to hug his mom in that time," Peckins said. "It meant a lot to him."

Peckins said Nunes is prepared to testify truthfully about the night the Sosas were killed in upcoming trials, as per a plea agreement with the state forged days earlier.

"Your right to a trial and your right to an appeal ends here today," presiding Lee Circuit Judge Thomas Reese told Nunes during Wednesday morning's hearing. "But with 40 years, there is a light at the end of the tunnel."

Reese insisted several times that Nunes be sure he wished to plead guilty. If Nunes does not comply with the state on the terms of the agreement, he can be sentenced from 50 years up to four consecutive life sentences plus 45 years in prison.

A similar agreement was struck between the state and co-defendant Alexis Fernandez for 26 years in prison in exchange for a guilty plea and his testimony, days before the trial of co-defendant Roderick Washington in May.

Nunes is one of 10 defendants charged in the incident, during which the Sosas were tied and tortured at Johnston's home, then taken to a north Cape industrial site where they were shot and Alexis was burned in the trunk of a car. He is one of six to plead guilty.

Two others, Ashley Toye and Washington, have gone to trial and been found guilty. Both have been sentenced to serve life in prison.

When asked again how he would plead, Nunes told Reese, "I plead guilty."

Nunes' sentencing has been set for Nov. 16.

Tuesday, August 18, 2009

Governor visits tornado victims in north Cape with city officials

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 8/18/09

Florida Gov. Charlie Crist made an unexpected visit Monday to victims of an unexpected tornado, which passed through a north Cape Coral neighborhood Sunday evening.

The tornado caused various damages to 23 homes in the northwest Cape, some of those along Northwest Third Avenue, where a car had been flipped upright against the side of a home when the storm passed through at about 4:42 p.m.

Crist, along with Cape Coral Mayor Jim Burch, City Manager Terry Stewart, Councilmember Tim Day and Fire Chief Bill Van Helden, among others, visited several of the homes on Northwest Third Avenue Monday afternoon.

"This thing came out of nowhere," Crist said of tropical storm Claudette, which is said to have influenced the tornadic nature of Sunday evening's storm.

"We are definitely in the season. We need to be prepared, we need to be careful, and we need to be ready because there's a couple more storms in the Atlantic. As we learned this past weekend, in a 24-hour period all of a sudden we have a tropical storm in our backyard," he said. "I feel sorry for the people that have to deal with this kind of damage. It's incredible, thank God, that there was no loss of life."

The city of Cape Coral estimates damages to 11 of the most badly damaged homes at approximately $103,000.

Crist walked across the driveways of homes with freshly laid tarps patching their roofs, boarded up windows that had shattered and bent trees

"I kept telling my dad I saw a tornado," Michael Reis, 12, told Crist as they spoke in Reis' front yard.

"I was kind of surprised," Michael's father, Carlos Reis, said of Crist knocking on his door. "I think it's a good thing, but obviously that was kind of a surprise for everybody, a tornado in Florida."

"I think it's good that he's checking things out," said resident Robert Binder of Crist's visit.

Binder's home received roof, well and window damage from the storm. Binder said he would fix the well system himself, and would assess other damages in the days to come.

Burch said he was also thankful for Crist's visit.

"It's always good to have the state level leaders come down and be involved in our affairs," he said. "We certainly have to thank him."

The city does not anticipate state aid regarding damage from the weather event, Burch said.

"If the governor thinks there's something he can do, certainly we'll be all ears," he said.

Another tornado in recent memory passed through south Cape Coral June 13, 2008, damaging several homes along Pelican Boulevard and Gleason Parkway. There were no reported injuries or deaths as a result of that storm.

According to a report by Associated Press writer Melissa Nelson, tropical storm Claudette made landfall near Fort Walton Beach Monday morning with maximum sustained winds at about 50 miles per hour.

The storm, Nelson reported, was expected to bring in 3 to 6 inches of rain with "isolated areas getting up to 10 inches along the Panhandle, the Big Bend region, central and southern Alabama and southwestern Georgia ... "

The storm is expected to weaken as it travels into southern Alabama, the report states.

"We have to prepare for the worst and hope for the best," Crist said Monday of the remainder of hurricane season.

Monday, August 17, 2009

Tornado damages 23 homes; Car overturned; lightning fires reported after storm passes through

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 8/14/09












1.) View of a funnel cloud from Northeast 1st Street. Picture courtesy of John and Janice Holmes.

2.)Robert Binder and his friend Robert Smith repair Binder’s roof after a tornado hit their neighborhood Sunday afternoon. Picture copyright the Cape Coral Daily Breeze.



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Cape Coral residents expect nasty weather during the summer months. They expect rain, lightning and thunder. Hurricanes are a staple here.

However, the Hill and Binder families, who live along Northwest 3rd Avenue, were not expecting a tornado to meander down their street and narrowly spare their lives - though that is what they got.

Jessica Hill's Honda Civic had smashed against the side of her home at 1813 N.W. 3rd Avenue. Diana Binder's roof was damaged, windows blown out, random objects scattered in her yard and sucked from her home to other yards.

These are the images of the aftermath of a tornado that passed through north Cape Coral Sunday at about 4:42 p.m.

"It hit the back of the car and flipped it onto its front end, onto the house," said Hill's husband, Steven, relaying the story his wife had told him. Steven was not home when the tornado hit, but noted the car had somehow flipped over a truck parked beside it, which remained undamaged.

Steven and Jessica live with their two children, 3 years and 3 months old.

The Hills also had some roof and landscape damage, though Steven said he was grateful no one was harmed.

"Everything can be fixed, everyone's OK," he said. "We're definitely good with that."

A few houses down from the Hills, Robert Binder and friend Robert Smith placed a tarp over their roof where the storm had caused damage. Plywood had quickly been placed over shattered windows after the weather cleared.

"I heard the noises," said Diana Binder, Robert's wife. "The famous freight train noise. I told my kids to get in the safe room that we have, and our front window blew in. It actually sucked a toy off the windowsill."

Diana said her husband and Smith attempted to close the garage door as the storm sucked items from inside the garage area, and even witnessed the Hills' car become airborne, but the power went out before they were able to pull the door down.

Diana, Robert and their four children also had damage to their well and gutters, and among the items in their back yard was a camper top, but they are also thankful for their lives.

"Everything's fine," Diana said. "We'll get it fixed."

Amazingly, the Binders rode out Hurricane Charley in their home with no damage.

The tornado ravaged their neighborhood only three days after the 5-year anniversary of the category-4 storm.

"This is the only time we've actually had damage to our home," Diana said.

According to city spokesperson Connie Barron, the tornado touched down near Northwest 18th Terrace and Northwest 3rd Avenue, damaging 23 homes and overturning a vehicle. Additionally, at least three structure fires were reported as a result of lightning strikes, all within a 30-minute period during the storm. The fire damage to the homes was minor to moderate.

Barron said the city was initially unable to receive mutual aid from other departments because of the severe weather issues in various nearby areas.

The tornadic activity was a result of a moist tropical southeasterly flow from the wake of tropical storm Claudette, currently located near the panhandle, mixing with daytime heating, according to Accuweather.com Senior Meteorologist Bob Smerbeck.

"When you get near a tropical storm, it puts a little bit of extra spin in the atmosphere," Smerbeck said.

The rotating clouds increase the possibility of forming tornadoes, he said.

A tornado warning was lifted at 5:15 p.m. for parts of northwestern Lee and southwestern Charlotte counties.

As Cape Coral takes a reprieve from tornadoes, tropical depression Ana and tropical storm Bill are churning their way through the Atlantic.

However, it seems unlikely either storm will make landfall in the sunshine state, Smerbeck said.

Ana, which has been strengthening and weakening and most recently was downgraded to a tropical depression, could have been a survivor," Smerbeck said. "There's still some chance it will come back to life."

However, "We're pretty confident it's going to pass south of Florida," he said.

As for Bill, "Bill's going to be a big hurricane," Smerbeck said. "It has all the signs of a strong developing cyclone."

At this point forecasters believe Bill will travel west by northwest and will strike somewhere along the Carolina coast mid to late next weekend, though the travel paths of hurricanes are often difficult to predict with exactitude, Smerbeck said.

"Once these hurricanes get established, sometimes they can alter the environment ahead of them," he said.

Donation fund in works after girl’s death in accident; FHP still investigating

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 8/14/09

In the wake of a highway accident which ended the life of a 12-year-old Cape Coral girl, attempts are being made to open a donation fund on the family's behalf.

Amarilis Cardona was ejected from the third row seat of an SUV that had collided with a guardrail on a northbound Interstate 75 overpass Tuesday morning.

Amarilis, who was not wearing a seat belt, landed on U.S. 301 below the overpass when the accident occurred at about 8 a.m. in Manatee County, reports state.

She was later pronounced dead at Bayfront Medical Center.

A donation fund on behalf of Amarilis' family may soon be set up at a local bank, though no arrangements have been finalized, according to a family friend.

Reports indicate that driver Daniel Garcia, 29, and three other passengers, ages 7, 22 and 28, wore seat belts during the accident.

Two of the passengers were treated for minor injuries at Bayfront Medical Center.

The accident reportedly occurred when the tread of the SUV's left rear tire separated, causing the vehicle to rotate clockwise across several lanes and onto a paved shoulder.

Florida Highway Patrol spokesperson Lt. Chris Miller said Thursday that the incident remains under investigation as troopers attempt to determine if charges will be filed as a result of the accident.

Miller said he could not comment on the specific nature of the possible charges as the investigation is ongoing.

Charges piling up for delivery driver accused of stealing; UPS pressing charges

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 8/14/09

What do assault rifles, a marble-topped kitchen island, a Cape Coral police badge and a framed picture of an Ewok from the popular "Star Wars" film franchise have in common?

According to police: Craig Podleski.

Podleski, 38, a local UPS delivery driver who resides in the Cape, has thus far been charged with two counts of larceny theft $300 or more but less than $5,000 and one count each of grand larceny over $100,000, larceny from a shipment of cargo $50,000 or more, and organized dealing in stolen property.

Podleski was charged Tuesday after allegedly swiping thousands of dollars worth of packages from his delivery job and selling the packaged items online.

He was held in the Lee County Jail Thursday evening on a combined $100,000 bond, jail booking records indicate.

Among the items Podleski stole were 26 guns, including pistols, rifles, assault weapons and a blowgun. He also stole four bulletproof vests, a Cape police badge and various items of jewelry, clothing and electronics, among other things, police said Thursday.

Detectives found the stolen items in Podleski's home after a loss prevention associate reported that a Sony PlayStation 3 video game system had not been delivered by Podleski on schedule, and that Podleski had not delivered a list of other items over the past two years, reports state.

UPS indicated that it would like to press charges against Podleski as a result of the discovered stolen items.

According to reports, Podleski's wife told police that her husband had brought packaged delivery boxes into their home and sold several of the items online.

Podleski was taken into custody and transported to the Lee County Jail in apparent good health, officers reported.

Additional grand theft charges are pending, police said.