Photos: USMC Battle Color Detachment, Silent Drill Team
March 20, 2015
The United States Marine Corps Battle Color Detachment performed Thursday at Naval Air Station Pensacola. The detachment The USMC BCD is comprised of the official Color Guard of the Marine Corps, the Marine Drum and Bugle Corps (“The Commandant’s Own”) and the Silent Drill Platoon.
Photos courtesy NAS Pensacola Public Affairs for NorthEscambia.com, click to enlarge.
Supreme Court Decision Reopens Juvenile Sentences
March 20, 2015
Florida inmates serving life sentences for crimes they committed as juveniles should be resentenced under guidelines that went into effect last year, the Florida Supreme Court unanimously ruled Thursday.
In four separate cases, the justices ordered lower courts to apply the 2014 law to inmates who, as juveniles, were sentenced in the past either to life in prison or to terms that would have effectively kept them behind bars until they die. Two of the inmates were convicted of murder.
The highly anticipated rulings settle the question of whether two seminal U.S. Supreme Court decisions that found life sentences for juveniles violate Eighth Amendment protections against cruel and unusual punishment should apply retroactively. Lower courts were divided on the retroactivity issue.
In a 2010 case, known as Graham v. Florida, the U.S. Supreme Court banned life sentences without a “meaningful opportunity” for release for juveniles convicted of non-homicide crimes. And in a 2012 ruling known as Miller v. Alabama, the high court barred mandatory life sentences for juveniles convicted of murder. Juveniles can still face life sentences in such cases, but judges must weigh criteria such as the offenders’ maturity and the nature of the crimes before imposing that sentence.
Under the Florida law passed last year, a juvenile convicted of a murder classified as a capital felony could be sentenced to life in prison after a hearing to determine whether such a sentence is appropriate. If a judge finds that a life sentence is not appropriate, the juvenile would be sentenced to at least 35 years. Also, juveniles convicted in such cases would be entitled to reviews after 25 years.
In Thursday’s ruling, the Florida justices concluded that the Miller and Graham rulings constitute “a development of fundamental significance,” the standard for retroactivity.
“The patent unfairness of depriving indistinguishable juvenile offenders of their liberty for the rest of their lives, based solely on when their cases were decided, weighs heavily in favor of applying the (U.S.) Supreme Court’s decision in Miller retroactively,” Justice Barbara Pariente wrote in an opinion ordering a lower court to consider a new sentence for Rebecca Lee Falcon.
Falcon is serving a life sentence for a 1997 murder committed during a botched robbery in Bay County, when she was 15.
Anthony Duwayne Horsley, who was convicted of first-degree murder in the 2006 shooting death of a convenience-store owner in Brevard County when Horsley was 17, was also granted another review.
“It’s definitely a victory for child advocates who’ve been asking to get the Graham decision implemented in a widespread fashion,” 2nd Judicial Circuit Public Defender Nancy Daniels said.
The justices also ordered a resentencing for Leighdon Henry, who was tried as an adult for multiple non-homicide offenses, including sexual battery, committed when he was 17, and was sentenced to life in prison plus 60 additional years. After the Graham decision, Henry’s sentence was reduced to 90 years.
But even the reduced sentence would not give Henry the opportunity for reform, Justice James E.C. Perry noted in a 12-page opinion.
“We conclude that Graham prohibits the state trial courts from sentencing juvenile non-homicide offenders to prison terms that ensure these offenders will be imprisoned without obtaining a meaningful opportunity to obtain future early release during their natural lives based on their demonstrated maturity and rehabilitation,” Perry wrote.
State Sen. Rob Bradley, a former prosecutor who was instrumental in crafting and passing the juvenile sentencing law last year, said legislators intentionally left the issue of retroactivity to the courts to decide.
“We did our job. The court did their job today. The system moves forward. Clearly, by adjudicating these cases, that then becomes precedent and other courts will take the precedent set and apply it to other cases throughout the state,” Bradley, R-Fleming Island, said.
Thursday’s rulings should not have any impact on the 2014 law, Bradley said.
But the retroactivity could present an onerous task for judges, prosecutors and defense lawyers, said 8th Judicial Circuit State Attorney William Cervone.
According to a staff analysis of last year’s bill, Thursday’s court action means that at least 300 inmates could have their sentences revisited and possibly reduced. The Falcon decision gave inmates who were sentenced to life as juveniles two years to ask the courts for a new sentence.
“We’ll have to contact victims, reanalyze what the sentencing options in light of Graham and Miller are as to each applicable case,” Cervone said. “It’s a big deal individually and it’s a big deal collectively. But by their nature, they are complicated, bad cases. So each case individually is going to be, I assume, a very contested, intense kind of hearing. It’s going to be very work-intensive for everybody.”
But Daniels, the public defender, embraced the opportunity to revisit the sentences.
“It’s a welcome burden,” she said.
by Dara Kam, The News Service of Florida
Herman W. Boudreaux
March 20, 2015
Herman W. Boudreaux, 35 of Cantonment, went to be with the Lord after a life-long battle with Cystic Fibrosis. He was loved by many but loved many more. He was an ASE certified mechanic and a professional ballroom dancer.
He is preceded in death by his paternal grandparents, George and Elizabeth Munstereifel Boudreaux, Sr.; and maternal grandmother, Frances Hyde Koch.
Herman is survived by his wife, Holly Boudreaux; step-daughter, Haley Smeltzer; parents, George and Nina Boudreaux, Jr.; sister, Shannon (Jeff) Cox; nieces, Erica and Laura Cox; and step-children, Angel and Dustin Simmons; and many, many friends who loved and cared for him.
We would like to thank the staff of Sacred Heart Hospital- Bayou Towers for all the care given to Herman.
Memorial services to be arranged at a later date.
Faith Chapel Funeral Home North is in charge of arrangements.
Highway 97 Traffic Delays Friday
March 20, 2015
Drivers on Highway 97 can expect delays Friday just south of the state line. There will be alternating and intermittent land restrictions from 9 a.m. until 3 p.m. as crews perform routine maintenance activities.
According to the Florida Department of Transportation, drivers are reminded to use caution and to watch for traffic flaggers when traveling through the work zone. All planned activities are weather dependent and may be rescheduled in the event of inclement weather.
Floyd W. Coleman
March 20, 2015
Floyd W. Coleman, 80, of Pensacola, died Sunday, March 15, 2015. He was born in Enon, FL and graduated from Ernest Ward High School. Floyd served in the U.S. Army before a 30 year retirement from Bellsouth in 1987. While employed he was an active member of Telephone Pioneers and involved in community work.
Floyd was a devoted husband, father and follower of Jesus Christ. He was ordained into the ministry at Enon Baptist Church where he became interim pastor. After moving to Gonzalez in 1974 he became a member and a deacon at Gonzales Baptist Church. He was a 50 plus year member as 32nd degree Scottish Rite Mason and a Shriner belonging to Hadji Shrine Temple Highlanders Unit. Floyd also volunteered his free time as a driver and transported children to and from the Shriners Hospitals for Children. Floyd owned and operated Gulf Breeze Propellers, Inc. He was truly one of a kind to many, all of whom have been deeply impacted by his loving, generous spirit and will never be the same without his presence in their lives. Floyd never hesitated to help anyone at any time whether a stranger, friend or family.
He was preceded in death by his son, Timothy Coleman; and his parents, John H. and Stella Coleman.
Floyd is survived by the love of his life of 50 years, Myrtle G. Coleman; son, Michael W. Coleman; sisters, Sharon “Bobbie” Dawson and Faye (Pete) Peterson; and grandchildren, Cam and Braidon Fredricksen.
Funeral services will be held at 11 a.m. on Saturday, March 21, 2015, at Faith Chapel Funeral Home North with Rev. Ray Chewning officiating.
Burial will follow in Enon Baptist Church Cemetery.
Faith Chapel Funeral Home North is in charge of arrangements.
No Injuries In Minor School Bus Wreck
March 19, 2015
There were no injuries reported in a rear-end collision involving a school bus with 21 passengers Wednesday in Cantonment.
According to the Florida Highway Patrol, 64-year old James William Tipton of Cantonment was behind a school bus driven by Teresa Louise Flynn of Cantonment on Highway 297A. When the bus slowed at a bus stop, Tipton’s 1993 Ford F-250 collided with the back of the bus. There were no injuries.
Tipton was cited with careless driving by the FHP.
Man Found Dead After Olive Road Kitchen Fire
March 19, 2015
One person was pronounced deceased following a reported kitchen fire in Escambia County Wednesday.
About 2:30 p.m., firefighters responded to the 300 block of Esast Olive Road. Firefighters did not find any flames when they arrived on scene, but they did find a pot of food on the stove with heavy smoke.
As they searched the residence, a male patient was found face down and unresponsive. Rescue crews performed CPR and the man was taken to West Florida Regional Hospital, where he was pronounced dead, according to a county spokesperson.
According to the battalion chief, the State Fire Marshal’s Office and the Escambia County Sheriff’s Office are investigating.
Railroad Crossing Closure Update
March 19, 2015
CSX railroad crossing closures are continuing this week in Escambia County for the installation of new rail ties and resurfacing.
Here is the latest schedule provided by CSX as of Thursday morning:
- Countri Lane — closed; tentative reopening late Thrursday night
- Becks Lake Road, closed until late Friday night or Saturday morning; temporary crossing available immediately south of existing crossing
- Eden Lane — out Thursday tentative reopening late Thursday night
Completed:
- Olive Road
- Johnson Road
- Ensley Street
- Roberts Road
- Kingsfield Road
- Chemstrand Road
- Archer Road
- El Camino Road
- Woodbury Road
All activities are weather dependent and may be delayed or re-scheduled in the event of inclement weather.
No Smoking: Century Considering Tobacco Free Policy
March 19, 2015
The Town of Century is looking at the possibility of a tobacco-free policy for employees in their hiring process.
Mayor Freddie McCall said, that besides the obvious health benefits, a tobacco free town could lead to savings on the town’s employee health insurance rates.
Escambia County adopted a tobacco free policy in 2008, and the Escambia County School Board implemented such a policy in 2010. The school district policy defines tobacco as any product that includes tobacco intended or expected for human use or consumption, including lighted or unlighted cigarettes, cigars, pipes or any other smoking product, chewing tobacco or snuff. The policy applies to tobacco in any form, including lozenges, strips and pouches.
If a tobacco free policy is implemented in Century, McCall said an effort will be made to provide smoking cessation products to town employees through a non-profit program.
New Nursing Home Approved For Escambia County, New Beds For Santa Rosa
March 19, 2015
The state Agency for Health Care Administration said Wednesday it has given final approval to new or expanded nursing homes in a dozen counties — including a new facility in Escambia County and new beds in Santa Rosa County.
The approval process involves issuing what are known as “certificates of need,” and the agency’s tentative decisions were subject to legal challenges. The agency said Wednesday it had issued certificates of need for projects that went unchallenged.
Those projects, totaling 762 nursing-home beds, include new $19 million, 90-bed facility to likely be located in the general area of Nine Mile Road and and the University of West Florida. The agency also approved a $3.3 million, 30-bed addition to a current 60-bed facility on Glover Lane in Milton.
The approvals, through what is known as the “certificate of need” process, came after lawmakers last year approved a measure to lift a new bed moratorium in place since 2001.