Florida Supreme Court To Weigh If Felons Can Stand Their Ground
July 3, 2014
The Florida Supreme Court will consider whether convicted felons have the right to claim immunity under the state’s controversial “stand your ground” self-defense law, even if they are barred from possessing guns in the first place.
Justices agreed Wednesday to hear the case of Brian Bragdon, who was charged with two counts of attempted first-degree murder, shooting into an occupied vehicle, discharging a firearm from a vehicle and being a felon in possession of a firearm, according to a document in the case.
B
ragdon argued that he fired the gun while trying to defend himself and sought to get the charges dismissed under “stand your ground.” But a circuit judge ruled that Bragdon was prevented from seeking immunity because he was a convicted felon in possession of a firearm at the time of the shooting, and the 4th District Court of Appeal also ruled against him.
The appeals court based its decision on its own 2012 ruling in the case of Harvey Hill, a felon who shot a man during a confrontation over a woman and then claimed he did so in self defense. The court ruled that he couldn’t do so under “stand your ground.”
“Here, the defendant used the very instrumentality that he was not lawfully allowed to possess to injure his alleged assailant,” the court ruled in the Hill case.
But between Hill and Bragdon, the 2nd District Court of Appeal found in another case that there was at least one section of the “stand your ground” law that could apply even to felons. The court was considering the case of Aaron Little, who shot another man in a confrontation.
“His status as a felon in illegal possession of a firearm did not preclude that claim of immunity,” the 2nd DCA ruled. “And, as set forth above, Little established by a preponderance of the evidence that his use of force was justified to prevent his imminent death or great bodily harm as provided for in” the law.
The 2nd DCA said it wasn’t sure whether the decisions in the Little and Hill cases were in conflict — something that makes the Florida Supreme Court more likely to intervene. But in its ruling on Bragdon, the 4th DCA said there was a conflict with the Little ruling. Bragdon asked the justices to hear the case based on that conflict, and lawyers for the state agreed.
The “stand your ground” law says people can use deadly force and do not have a duty to retreat if they think it is necessary to prevent death or great bodily harm. The law offers criminal and civil immunity in such cases.
It’s not clear when the Supreme Court might rule. The order issued Wednesday sets out a schedule for attorneys in the case to file briefs but said the court would set a time for oral arguments later.
by Brandon Larrabee, The News Service of Florida
Pensacola Outlasts Jacksonville To Win 4-3 In 15 Innings
July 3, 2014
It was the most innings – 15 – and the longest game – 4 hours and 29 minutes – for the Pensacola Blue Wahoos this season.
After all the other Double-A baseball games had finished across the nation Wednesday, the Wahoos finally put the Jacksonville Suns away when left fielder Jesse Winker smacked a walk-off single to left field that scored shortstop Brodie Greene from second for a 4-3 victory at Pensacola Bayfront Stadium.
The fans who remained in the stands jumped to their feet on Winker’s hit. Winker was immediately mobbed around second base by his ecstatic teammates, who were happy to win and snap a three game losing streak.
“I didn’t want it to go any further,” said Winker, who was called up from High-A Bakersfield during the Southern League All-Star break June 17 and got his first Wahoos home run the night before. “To get a walk-off anything feels great.”
Pensacola improved to 5-2 in extra inning games this year and it was the Wahoos third walk-off hit of the season. The longest game in Pensacola history was a 16-inning, 5-hour affair in a home game Aug. 10, 2013 against Jacksonville that the Wahoos lost, 8-6.
One of the other Wahoos stars of the game was relief pitcher Tim Adleman who threw four scoreless innings and struck out four batters to up his record to 2-3 on the season. It was Adelman’s longest outing of the season but with the heart of Jacksonville’s order coming up in the top of the 15th inning, he struck out the Suns’ best hitter J.T. Realmuto on a 92 mph fastball. An out later, he struck out Jacksonville’s Joe Benson, who had hit his sixth homer of the season earlier in the game, on a 91 mph fastball.
Adleman said he was in an aggressive mind set, knowing that manager Delino DeShields was going to leave the relief pitcher in as long as possible. He knows the bullpen has been a sore point this season but threw 10 scoreless innings tonight, giving up just five hits and striking out nine batters.
“We can’t control what has happened in the past,” said Adleman, as Winker gave him a shaving cream pie in the face. “We have to put our best on the line and give our team a chance to win.”
Adleman credited newly added catcher Lou Marson, who has played in the big leagues with the Cleveland Indians and Philadelphia Phillies, for helping the bullpen stay focused Wednesday.
“He called a great game tonight,” he said. “He has a great resume and a lot of experience. Nothing against our other two catchers but I think he will help us turn the tide.”
Pensacola also got strong relief pitching from Fabian Williamson, who has not allowed a run in last 7 innings and has lowered his ERA to 2.05 ERA in his last 19 appearances since April.
“Our bullpen was really good tonight,” DeShields said after the game. “I hope it gives them a little optimism. We have a lot of baseball left and need them to come through.”
Pensacola tied the score at 3 in the sixth inning when Seth Mejias-Brean hit a chopper past a diving shortstop to score Ryan Wright. Wright had led off the inning with a double off the left field wall for his sixth double in his last 10 hits.
The Blue Wahoos then had chances to win in the seventh and eighth inning but failed both times, having a runner get thrown out at home and then leaving the bases loaded in the eighth inning.
The finale of the five-game series with Miami Marlins Double-A affiliate the Jacksonville Suns gets underway at 6:30 p.m. Thursday. RHP Ben Lively (0-1, 2.89) takes the mound for the Wahoos and is scheduled to be opposed by the Suns RHP Jose Urena (6-6, 4.33).
Cournel J. ‘C.J.’ Emmons
July 3, 2014
Mr. Cournel J. ‘C.J.’ Emmons, age 84 of Flomaton, passed away on Wednesday, July 2, 2014, at his home.
Mr. Emmons was a native and lifetime resident of the Flomaton community where he was a member of Little Escambia Baptist Church. Mr. Emmons worked for 23 years for Container Corporation as a millwright.
He is survived by his wife of 64½ years, Mrs. Velma M. Emmons of Flomaton; daughters, Linda Milam of Flomaton, Marty (Melvin) Rolin of Atmore, Nancy (Ray) Evans of Flomaton; sister, Viola Jean (Lee) Nichols of Flomaton; eight grandchildren; 11 great grandchildren; two great-great grandchildren and numerous other family members and friends.
Visitation will be held on Saturday, July 5, 2014, at Flomaton Funeral Home Chapel from 6 – 8 p.m.
Funeral services will be held on Sunday, July 6, 2014, at Flomaton Funeral Home Chapel at 2 p.m. with Bro. Ralph Morgan and Bro. Doug Hogg officiating.
Interment will follow in Emmons Cemetery, Flomaton.
DEP Takes Action To Protect Area From Leak At Quantum Resources In Jay
July 2, 2014
Officials from the Florida Department of Environmental Protection are assessing the potential impacts from a reported leak Sunday afternoon in Jay at a Quantum Resource Management well. The company reports that the leak is now contained, according to information released Tuesday by DEP.
A DEP site investigator was on scene less than an hour after the incident was reported. Preliminary information into DEP indicates that no long-term effects will result from the leak. DEP technical staff will now undertake a full investigation to identify why the well’s casing had to be repaired and what caused the temporary plug to become dislodged, which Quantum Resource Management suspects contributed to the incident.
“DEP is working to determine what went wrong and hold Quantum Resource Management accountable for any impacts to the environment resulting from this leak. We are assessing the potential of any possible threat to the land and the public right now and we will monitor the site to verify drinking water is safe,” said DEP Secretary Herschel T. Vinyard Jr.
Initial reports from Quantum Resource Management indicate that a temporary plug in place to allow workers to repair the well casing became dislodged and resulted in the leak. The company reports that the leak is now contained and a new plug has been installed in the well. Quantum Resources Management said the well operator immediately stopped the leak and dispatched a response team to collect and properly dispose of the leaking fluid.
DEP is working expeditiously to ensure cleanup and monitoring efforts take place promptly and accurately. DEP crews are preparing to install four groundwater monitoring wells and one background well to provide information that will act as a baseline to compare the other results. Based on the data gathered from these five wells, a sixth well may be installed by DEP at a significantly greater depth.
A DEP inspector will remain on-site during the initial monitoring efforts. Those actions include air quality monitoring, soil sampling and protective berm inspections. So far, all air quality results show no evidence of contamination.
Quantum Resources Management reported that no workers were injured during the leak and no evacuations were necessary because of the minimal amount of material released. All production at the well has ceased until the well can be properly repaired and DEP inspections are complete.
Wanted Atmore Man Flees From Florida Deputies, Caught With Pot
July 2, 2014
An Atmore man was arrested on an outstanding felony warrant and a few extra charges for not pulling over right away during a traffic stop.
Terrence Brandon Brewer, 34, was charged with violation of probation in an outstanding case of smuggling contraband into a detention facility, fleeing and eluding, driving while license suspended third or subsequent offense and possession of marijuana. He was also cited for no tag and running a stop sign.
Deputies attempted to stop Brewer’s vehicle on Memphis Avenue off West Michigan Avenue after he was observed running stop sign with no tag. Brewer reportedly failed to stop until turning onto a dead end street. Deputies reported finding marijuana on his lap as he exited the vehicle.
Brewer was booked into the Escambia County Jail with no bond on the probation violation charged and $11,000 bond on the other charges. He remained jailed early Friday morning.
Stolen Vehicle Torched Inside Century Ballpark
July 2, 2014
The Florida State Fire Marshal’s Office is investigating the apparent arson of a stolen vehicle inside a Century ballpark Tuesday morning.
The fire was reported about 7:15 a.m. behind an concession stand at the Lloyd Barrow Field on Church Street. The 1993 Buick Century was in an area not normally accessible to vehicle traffic. A witness said the vehicle had no tag attached.
A 55-year old Century woman said the car was stolen on Monday, leaving her with no way to work.
The ballpark’s concession stand suffered minor damage, with vinyl siding melted off the upper floor of the building.
The Century Station of Escambia Fire Rescue extinguished the blaze. The Escambia County Sheriff’s Office is also investigating the incident. There were no injuries reported.
Pictured top and inset: A vehicle burns inside a Century ballpark on Church Street Tuesday morning as seen before the fire department arrived on scene. Pictured below: A concession stand was also damaged by the fire. Reader submitted photos by Chris Bachman for NorthEscambia.com, click to enlarge.
Death Row Inmate Passes Away In Atmore Prison
July 2, 2014
An Alabama death row inmate died early Tuesday morning in the infirmary at Holman Correctional Facility in Atmore.
The Alabama Department of Corrections said 49-year old Ricky Adkins was pronounced dead at about 2:55 a.m. His exact cause of death is pending autopsy results from the Alabama Department of Forensic Sciences.
Adkins was convicted of capital murder in St. Clair County for the death of Billie Dean Hamilton and dumping her body. He was sentenced to death on November 21, 1988. He served a total of 25 years, seven months and eight days on Alabama’s death row.
According to reports, Adkins raped and kidnapped the Birmingham real estate agent. He then beat her with a wrench and stabbed her. The U.S. Court of Criminal Appeal ordered a new trial for Adkins in February 2013 after a finding that prosecutors in the case discriminated against black jurors. His retrial was set to begin July 10 in St. Clair County, Alabama.
Florida Parole Commission Is No More
July 2, 2014
The Florida Parole Commission is no longer. Now, it is the Florida Commission on Offender Review.
A name change approved this year by lawmakers took effect Tuesday, with the agency saying the new moniker better reflects duties that go far beyond making parole decisions.
“The commission’s new name truly reflects what our agency is tasked with doing on a daily basis,” commission Chairwoman Tena Pate said in a news release. “We hold offenders accountable for their behaviors and ensure public safety through the careful selection of offenders for re-entry into society. Many of the functions we perform today didn’t exist when the agency was created in 1941. Making parole determinations is only about 10 percent of our agency’s workload. We are also responsible for clemency services, offender revocations, victims’ services, and making conditional-release, conditional-medical release and addiction-recovery decisions.”
Body Found Near Nine Mile Road
July 2, 2014
A body was discovered Tuesday morning just off Nine Mile Road.
According to the Escambia County Sheriff’s Office, an unidentified white male was found deceased near the railroad tracks that cross Nine Mile. The man was discovered about 10:15 a.m. after the Sheriff’s Office responded to the report of a man down near the tracks.
The Sheriff’s Office in conducting an active death investigation and a cause of death will be determined by the Medical Examiner. No further details have been released.
Sign Up Now For Bratt Basketball Camp Next Week With Former NBA Coach
July 2, 2014
The First Baptist Church of Bratt will host a basketball camp next week with a former NBA, college and high school coach.
The camp for children ages 8-14 will be held July 7-11 from 9 a.m. until noon at the church. Coach Roger Dutremble of Global Sports Outreach will teach kids the fundamentals of basketball and Biblical awareness.
“We are fortunate to get someone of Coach Roger’s talents and achievements to head up this camp” said First Baptist Bratt Student Pastor Tim Hawsey. “He has a unique ability to deal with children, and his love for them is evident.” This is the third year the church has offered this camp.
Dutremble is a a retired coach and member of the International Basketball Hall of Fame. He career includes coaching at every level from high school to the NBA, and into international arenas, with a lifetime coaching record of 687-117 and seven national championships. He was selected “Coach of the Year” six times, and served as national team head coach to Belgium, Scotland, and Jordan. He was an assistant coach for the Los Angeles Lakers, serving under Paul Westhead and Pat Riley, from 1979-83 and helping the team to three NBA championships with players like Magic Johnson and Kareem Abdul-Jabbar.
The cost is $45 per student with a limited number of scholarships available. The funds are used exclusively to purchase shoes and basketballs for needy children in other countries where Detremble conducts camps.
For more information, contact Hawsey at (850) 327-6529, church secretary Sherrye Gilman at (850) 327-6529 or stop by the church on Highway 4 just west of Northview High School.
Pictured: Students that participated in a previous basketball camp at the First Baptist Church of Bratt. Inset: Coach Roger Dutremble of Global Sports Outreach. NorthEscambia.com file photo, click to enlarge.