Cantonment Men Arrested For Pistol Whipping Man, Shooting His Girlfriend’s Car
March 1, 2018
Two Cantonment men were charged after allegedly shooting the windows out of car, pistol whipping a man and hitting an nearby home with gunfire.
Preston Adam Ennis, 22, and Tyler James Harris, 23, were both charged with aggravated battery with a deadly weapon, firing a missile into a dwelling or vehicle, misdemeanor criminal mischief property damage, felony criminal mischief property damage and marijuana possession.
A resident of Sandlewood Street told investigators that Ennis and Harris knocked on his door about 1:30 a.m. Monday and hit him at least five times with a pistols they were carrying. They duo then fled the area before reportedly returning about 15 minutes later and shooting into a Ford Mustang belonging to the victim’s girlfriend.
The victim refused medical treatment.
It was later discovered that a bullet fired into the Mustang traveled through a rear passenger window, and the front driver’s window fore striking a neighboring home. The bullet then traveled through a stucco exterior wall of the home and through and interior wall. There were no injuries.
A short time later, Ennis and Harris taken into custody at a local apartment complex with a quantity of marijuana and over $5,000 in cash in their possession.
Pictured: Tyler Harris (left) and Preston Ennis (right).
Appeals Court Upholds DUI Manslaughter Conviction Of Cantonment Man
March 1, 2018
Florida’s First District Court of Appeal on Wednesday upheld the 15 year prison sentence of a Cantonment man or a November 2013 traffic crash that claimed the life of his 54-year old passenger.
In 2014, Melvin Lewis Pryear was sentenced by Circuit Judge Erwin Fleet to 15 years in state prison for DUI manslaughter and to one concurrent year in the county jail for DUI property damage for the death of Albertina McCarty of Pensacola.
Pryear had a blood alcohol level of .196 which is over twice the legal limit. He also tested positive for use of marijuana.
While driving under the influence, Pryear he pulled into the path of a 18-wheeler at Highway 29 and Muscogee Road near International Paper. The Florida Highway Patrol said that according to multiple witnesses, both north and southbound Highway 29 had a green light, but there was no green turn arrow for Pryear.
The front of the 18-wheeler struck Pryear’s vehicle causing it to rotate onto the southbound shoulder at the Raceway gas station. McCarty, Pryear’s passenger, was pronounced deceased at the scene by Escambia County EMS.
Testifying at trial were two sisters who witnessed the accident. The first sister testified that when she saw Pryear’s car start to turn, she said to herself, “Don’t go, don’t go,” because the semi-truck was too close for the oncoming car to safely make the turn. The second sister testified that the semi-truck was moving fast, estimating that the truck appeared to be “doing every bit of [the 40 or 45 miles per hour speed limit] coming through the intersection.”
Other eye witnesses testified that Pryear smelled of alcohol and had beer cans in his car. The traffic homicide investigator testified that, hours later, Appellant’s eyes were still bloodshot and watery and his speech was slurred.
Acting as his own attorney before the appeals court, Pryear made several claims. In the first, Pryear argued that his trial attorney was ineffective for failing to renew an objection to striking an an African-American juror, but the court found that a white juror was also removed. He claimed ineffective counsel, but the court found he could not show any actions by his attorney changed the outcome of the trial.
In Pryear’s second claim, he argued that his attorney should have moved to strike the highway patrol trooper’s improper opinion testimony that he was at fault in the accident and that the trooper had “other circumstances” that led him to believe that Appellant was intoxicated.
The challenged testimony occurred in the context of cross-examination. Defense counsel asked whether Pryear’s bloodshot eyes and the scent of alcohol on his breath provided the basis for the belief that he was intoxicated at the time of the accident. The trooper replied, “He was also at fault for causing a fatality.” The defense counsel then asked, “So you’re saying Pryear was at fault, but the investigation wasn’t completed was it?” The trooper responded, “No, but we had the circumstances.” The trooper also agreed that he did not witness the accident, and had not yet spoken to witnesses at the time he reached the conclusion.
The appeals court determined that there is no reasonable probability that the outcome of the trial would have been different if the trooper’s testimony regarding the intoxication had been disallowed.
In this third claim, Pryear alleged that his attorney should have moved to acquittal on the bases that the state failed to prove the element of intoxication. The claim was denied because when the blood alcohol results of .196 were introduced, the defense counsel indicated that he had no objection.
Pryear also alleged that his attorney was ineffective for failing to object to erroneous jury instructions, and that his attorney was ineffective for failing to object to an improper closing argument. The claim stemmed for the prosecutor’s closing argument:
“So I really must ask you to look at the evidence that’s been presented through trial yesterday and today. Apply the law that I’ve touched upon and you’ll be further instructed on, and use your common sense. What that’s going to tell you is that the defendant was driving the vehicle, that the defendant had a blood alcohol level of .196 or higher, that he had marijuana in his system at the time he was driving, that he pulled out in front of that truck that caused not only damage to the truck and the Sebring he was driving, but it also caused and contributed to the death of Ms. McCarty. If he doesn’t do that, that crash doesn’t happen and she doesn’t die. He caused or contributed to her death.
“That evidence is—won’t be contradicted, and because it won’t be contradicted, there is no reasonable doubt as far as his guilt. He is guilty as charged for DUI, driving under the influence, manslaughter and driving under the influence, damage to property. Thank you.”
The appeals court found that even if the defense lawyer had objected to the closing arguments, it would still not change the facts that Pryear was driving while heavily impaired, when he turned in front of the semi-truck without adequate space, violating the truck’s right-of-way.
In his sixth appears claim, Pryear argued that his attorney was ineffective for failing to call defense witness Amanda Price to testify. Appellant alleged that Price would have testified that the driver of the semi-truck was speeding and driving erratically at the time of the accident, thus contradicting the truck driver’s testimony that he was not speeding, as well as the testimony of the highway patrol trooper and the traffic homicide investigator. But the court found that even if Price had testified, the outcome of the trial would not have been different.
In his seventh claim, Pryear argued that the overall effect of all the errors by his attorney deprived him of a fair trail, but the court found this claim was properly denied.
And in his final argument, Pryear said the trial court committed fundamental error in instructing the jury on the statutory presumption of impairment. The appeals court found the defense counsel did not object to the introduction of the lab report, therefore, the trial court had no basis to disregard the evidence of impairment.
Lows In The 40’s Returning
March 1, 2018
Here is your official North Escambia area forecast:
Tonight: A chance of showers and thunderstorms before 9pm, then a chance of showers between 9pm and 10pm. Cloudy, then gradually becoming partly cloudy, with a low around 50. North wind 10 to 15 mph. Chance of precipitation is 40%.
Friday: Sunny, with a high near 69. North wind 5 to 15 mph.
Friday Night: Clear, with a low around 40. North wind around 5 mph.
Saturday: Sunny, with a high near 69. North wind 5 to 10 mph.
Saturday Night: Mostly clear, with a low around 40. Calm wind becoming north around 5 mph.
Sunday: Sunny, with a high near 70. North wind around 5 mph becoming south in the afternoon.
Sunday Night: Partly cloudy, with a low around 47. South wind around 5 mph becoming calm.
Monday: A 20 percent chance of showers. Partly sunny, with a high near 71. East wind 5 to 10 mph becoming south in the afternoon.
Monday Night: A 40 percent chance of showers. Mostly cloudy, with a low around 53.
Tuesday: A 50 percent chance of showers. Partly sunny, with a high near 69.
Tuesday Night: Mostly clear, with a low around 45.
Wednesday: Sunny, with a high near 66.
Roadway Safety Improvements Made Just Days After Fatal Molino Wreck
March 1, 2018
Just days after a fatal traffic collision in Molino, safety improvements have been made at the intersection.
According to the Florida Highway Patrol, 56-year old Franklin Webb was traveling east Sunday afternoon on Barrineau Road when he failed to properly yield his Toyota Tundra at a stop sign at the intersection of Highway 29. His vehicle was hit by a southbound pickup truck. Webb was pronounced deceased at the scene. [Read more...]
On Tuesday, someone repainted rumble strips and other pavement markings on Barrineau Park road approaching Highway 29 from both the east and west. But exactly what agency was responsible for the rumble strips remained unclear.
The Florida Department of Transportation said the painting was not done by FDOT or any of their subcontractors. And Escambia County said they didn’t do the work either.
Anyone that knows exactly who painted the rumble strips is asked to email news@northescambia.com.
Area residents and an Escambia County official said the rumble strips were last painted several years ago, and area residents said they had worn down were no longer effective.
NorthEscambia.com photo.
15-Year Old Arrested After Gun Rumor Forces Middle School Lockdown
March 1, 2018
Jim Bailey Middle School in Escambia County was on lockdown Wednesday after a rumor was started that there was a gun inside the school.
A 15-year student at the school was arrested and charged with disrupting a school function following the incident.
Nearby Helen Caro Elementary was also place on lockdown as a precaution.
Work Underway On Temporary Highway 97 Bridge Near Walnut Hill
March 1, 2018
Construction work is underway on Highway 97 in Walnut Hill as crews replace the current bridge over Sandy Hollow Creek, about a mile south of Highway 4. This week, crews have been working to drive pilings for a temporary detour bridge west of the existing structure.
The existing wooden-support bridge constructed in 1940 will be replaced with a new concrete structure with 12-foot travel lanes, eight-foot shoulders and a solid concrete barrier railing. The bridge approaches will also be milled and resurfaced.
The speed limit in the area has been reduced to 45 mph.
The bridge has an average daily traffic count of about 5,000 vehicles. The project is expected to cost $5 million.
NorthEscambia.com photos, click to enlarge.
Local Students Honored For Their Freedoms Foundation Essays
March 1, 2018
The Freedoms Foundation at Valley Forge Pensacola Chapter honored six local students for their essays.
A Youth Essay Medal was presented to Sarah Perritt from Northview High School, Levi Shaffer from Tate High School, and Bryce Cox and Myles Herren from East Hill Christian.
A Youth Essay certificate was presented to Jaysea Young from Tate High School and James Riggins from Pensacola High School.
The ceremony at the Pensacola Yacht Club also honored additional members of the community.
Pictured top: Levi Shaffer and Sarah Perritt. Pictured inset: Jaysea Young. Pictured below: Myrles Herren and Bryce Cox. Courtesy photos for NorthEscambia.com, click to enlarge.
Northview Chiefs Weightlifting Takes Second In Gator Invitational
March 1, 2018
The Northview Boys Weightlifting team was runner-up at the 2018 Gator Invitational on Wednesday.
The Chiefs fell to co-champions Pensacola Washington and Baker, while outpacing and out scoring West Florida, Pensacola Catholic, Jay and Rocky Bayou.
Individually, sophomore Trent Kite placed first overall in the 129-lb. weight class, winning by a demanding 110-lbs. in his total over second place.
Also placing for the Chiefs were:
Aunterio Minor – 169-lb. class – 3rd
Logan Bryan – 119-lb. class – 4th
Justin Helton – UNL class – 4th
Dalton Hadley – 139-lb. class – 5th
Jarius Moorer – 154-lb. class – 5th
Colten Dockens – 154-lb. class – 6th
Jacob Hawkins – 219-lb. class – 6th
Jojo Parker – 238-lb. class – 6th
Northview returns to action next Friday in the district weightlifting meet at Baker High School. The Chiefs will be competing against Baker, Jay, Pensacola Catholic, Pensacola High, Rocky Bayou and West Florida.
Photos for NorthEscambia.com, click to enlarge.
Bet Raines Road In Molino Closure Extended
March 1, 2018
Bet Raines Road in Molino will remained closed until sometime Thursday.
At 7 a.m. Tuesday, Escambia County closed the roadway and expected that project would be complete on Wednesday, but bridge work will continue.
Construction will include temporary bridge work. Bet Raines Road will be closed to through traffic