Appeal Rejected In Case Of Meth-Impaired Driver That Killed Teen
June 14, 2018
The First District Court of Appeal has upheld the conviction of man sentenced to 41 years in prison for a 2014 fatal DUI crash just hours after he was released from jail.
Melvin D. Hawthorne was convicted in 2016 by a Santa Rosa County Jury of DUI manslaughter, vehicular homicide, driving while license cancelled suspended, or revoked with careless or negligent operation of a vehicle resulting in death, DUI with serious bodily injury, and DUI with property damage.
Hawthorne was sentenced as a habitual felony offender and as a prison releasee reoffender.
Hawthorne’s appeal focused, in part, on the admission of expert testimony by Bruce Goldberger, director of toxicology and chief of forensic medicine at the University of Florida College of Medicine. Goldberger testified about the effects of methamphetamine on human physiology and that, based on his tests and studies, the details of the case were consistent with a driver impaired by methamphetamine. The challenge to Goldberger’s testimony involved whether it met a standard, known in the legal world as the “Daubert” standard, for being admitted in the case.
A three-judge panel of the appeals court upheld a ruling by a Santa Rosa County circuit judge to allow the testimony. The appeals court said the circuit judge did not act improperly in allowing Goldberger to answer hypothetical questions asked by a prosecutor. “Dr. Goldberger testified that his methodology of determining whether a set of facts was consistent with methamphetamine impairment was commonly accepted in his field and testified that this method was based on published studies by him and other professionals in his field, and at trial he applied those methods to the facts of this case,” said the six-page ruling, written by appeals-court Chief Judge Brad Thomas and joined by judges Harvey Jay and M. Kemmerly Thomas. “Therefore, we conclude that his expert testimony was admissible under Daubert, and the trial court did not abuse its discretion in admitting his testimony.”
The other basis for appeal included Hawthorne’s driving record and the time of his release from jail, but the appeals court rejected those claims.
Hawthorne was released on bond from the Santa Rosa County Department of Corrections at approximately 9:00 a.m. on August 17, 2014.
About 12 hours later, Hawthorne was speeding in his stepfather’s black 1998 Nissan Frontier pickup truck east of Berrydale on Highway 4 when he attempted to pass a Ford F150 towing a boat that was traveling at 55 mph. Hawthorne side-swiped the Ford and continued down Highway 4. Hawthorne then ran the stop sign at the intersection of Highway 4 and Highway 87 and continued to speed. He failed to turn and crashed into a railing. Hawthorne then backed up and again sped down Highway 4. He rear-ended a Dodge Neon carrying five people at an estimated 79 miles per hou.
A passenger sitting in the rear of the Neon, 13-year old Shawn McLaughlin of Baker, was entrapped in the Neon and died at the scene of the crash. Another passenger sitting in the rear seat of the Neon, Raistlin Bunch, age 14 of Baker, was also entrapped in the vehicle and suffered a severe leg fracture.
A blood sample taken from Hawthorneblood test showed .90 milligrams of methamphetamine and .10 milligrams of amphetamine per liter of his blood.
Highway 29 Traffic Moved To New Bridge Over Nine Mile Road
June 14, 2018
Northbound Highway 29 traffic has been moved to a new center bridge deck over Nine Mile Road. Demolition and reconstruction efforts will now begin.
Due to the increased vertical clearance of the new bridge. the on-ramp has been extended between Elena’s Alterations and Emerald Cuts Salon/Unitarian Universalist Church. This will impact access to businesses and residences on the east side of Highway 29 between Nine Mile Road and 9 1/2 Mile Road
For the next 60 days, motorists seeking access to properties on the east side of Highway 29 will utilize the northbound on-ramp. Only right turns will be permitted for vehicles existing driveways between Nine Mile Road and 9 1/2 Mile Road.
Photo for NorthEscambia.com, click to enlarge.
Pensacola Liberty Sertoma Club Donates AED To Flomaton Fire Department
June 14, 2018
The Liberty Sertoma Club of Pensacola donated $1,103 Wednesday to the Flomaton Fire Department to purchase an AED
After a recent news story about a life saved at Flomaton High School with an AED, Sertoma member and Century High School graduate Charlotte Brunson Field approached the club about the donation and received a unanimous approval. The donation was made during the regular meeting of the Liberty Sertoma Club meeting at the Pensacola Civic Center.
Anyone that wishes to contribute toward the purchase of AED’s should call Flomaton Town Hall at (251) 296-2431.
Photo for NorthEscambia.com, click to enlarge.
Putnam Says Public Safety ‘Not At Risk’ In License Snafu
June 14, 2018
Although his department issued concealed-weapons licenses to 291 applicants who should have been disqualified, Agriculture Commissioner Adam Putnam said Wednesday the breakdown has been corrected and there was no threat to the public.
“Public safety was not at risk,” Putnam told reporters after a state Cabinet meeting. “Two-hundred and ninety-one people who should not have gotten a license to carry a concealed weapon did so, but they were revoked as a result of the processes that we put in place.”
The problem, first reported Friday by the Tampa Bay Times, has led to heavy criticism of Putnam amid his campaign for governor. His comments Wednesday were similar to other statements he has made in recent days to address the controversy.
The issue began in February 2016 when a Department of Agriculture and Consumer Services employee stopped logging into the National Instant Criminal Background Check System to see if applicants seeking state licenses to carry concealed weapons or firearms should be “flagged” for issues like drug abuse, involuntary mental confinements, dishonorable military discharges or undocumented immigrant status.
The problem wasn’t discovered until March 2017 when an investigation began that revealed 365 applications merited further review, leading the department to revoke 291 of the licenses. The employee who failed to carry out the background reviews was fired.
Putnam said there is no indication that any of the disqualified people who received concealed-weapons licenses were involved in criminal activity while they had the permits.
“Any time that anyone who has a concealed weapon license is arrested we are made aware of that. That reporting occurs on a daily, weekly and monthly basis, depending on the arresting agency,” Putnam said.
Although information is slower coming from arrests made outside of Florida, Putnam said there were “no flags” on the people who should not have been licensed. “We have not received information on any of the 291,” he said.
Putnam also emphasized that all the applicants were run through three databases, which are managed by the Florida Department of Law Enforcement, including two that are based on fingerprints and the so-called NICS, which is based on names of applicants.
“I am absolutely committed to public safety and managing this program accurately and thoroughly, which is why frankly I am so disappointed that there was a breakdown and why we have taken actions to make sure this wouldn’t happen again,” he said.
Since the problem was discovered, Putnam said his agency has “strengthened the information flow and technology transfer” with the Florida Department of Law Enforcement on background checks.
The Office of Inspector General in Putnam’s agency issued a report on the review breakdown last June. But it did not become public knowledge until Friday when it was reported by the Tampa Bay Times.
Putnam deflected questions on whether his agency should have alerted the public to the problem. He said “stacks of inspector general reports” are issued routinely in state government but are not publicized, although the reports are available as public records.
As to how the breakdown occurred with the now-terminated employee, Putnam said: “It was the dumbest thing in the world. It happens to anybody with a computer. She emailed IT (information technology) and said my password isn’t working. And they emailed her back with instructions on how to fix the problem.”
But the former employee failed to follow through on the advice, Putnam said.
by Lloyd Dunkelberger, The News Service of Florida
Singleton Gives FFA Retirement Address At State Convention (With Video)
June 14, 2018
Area 1 State Vice President Mitchell Singleton gave his retirement address Wednesday night at the 90th Florida FFA State Convention in Orlano.
“When you make the choice to make it happen, regardless of your circumstance, you will truly free yourself to live the life you were meant to be,” Singleton said as he ends his year of service.
Singleton is a 2017 graduate of Northview High School.
Video of Singleton’s retirement address, courtesy of the Florida FFA, is above.
Pictured: Florida FFA Area 1 State Vice President Mitchell Singleton gives his retirement address Wednesday night in Orlando. Courtesy images for NorthEscambia.com, click to enlarge.
Wahoos Take Series Opener Against Mobile, 2-1
June 14, 2018
Brain O’Grady drove in Shed Long with a sac fly in the bottom of the ninth to give the Blue Wahoos a 2-1 walk-off win over the Mobile BayBears in Wednesday night’s series opener at Blue Wahoos Stadium.
Pensacola began its comeback in the bottom of the eighth inning while trailing 1-0 against Mobile. Chris Okey smashed a solo home run over the left field wall to tie the game at 1-1. In the bottom of the ninth inning, Shed Long led off with a double. He advanced to third on a passed ball. Narciso Crook was intentionally walked before O’Grady came through on a two-strike pitch. Right fielder Brandon Sanger made a sliding catch on the shallow fly ball, but his throw was way too late to get Long, sparking the Blue Wahoos celebration.
Pensacola got both runs off Mobile reliever Greg Mahle (L, 3-1), the brother of former Wahoo and current Red Tyler Mahle, who was saddled with the loss.
Seth Varner pitched an excellent game for the Wahoos. Varner pitched 6.2 innings and allowed only one run on three hits, and one walk. Varner finished with a season-high nine strikeouts, which was one shy of tying his career-high at 10. Alex Powers (W, 1-1) is credited with the win as he retired all three Mobile batters in the top of the ninth, producing two strikeouts in his one inning pitched.
BayBears starter Jason Alexander had a solid outing for Mobile. Alexander pitched six innings and only had one hit with no runs, two walks and six strikeouts in a no-decision.
Pensacola center-fielder C.J. McElroy left the game in the top of the first inning after he collided with the wall while making a spectacular catch on the second batter of the game.
The series continues Thursday night at Blue Wahoos Stadium. Right hander Daniel Wright (2-4, 5.05) will get the start for the Wahoos against BayBears RHP Luis Pena (2-4, 4.27).
Two Injured In Highway 29 Rollover Crash
June 13, 2018
Two people were injured in a Highway 29 rollover crash late Wednesday evening. Both were transported by Escambia County EMS to a Pensacola hospital with injuries that were not considered serious.
The accident happened about 7:15 p.m. on Highway 29 at Pensacola Ready Mix. The two injured individuals were briefly trapped in their SUV following the crash and extricated by firefighters. The driver of a pickup truck involved in the crash was not injured.
The accident remains under investigation by the Florida Highway Patrol; they have not released further details.
The Ensley and Cantonment stations of Escambia Fire Rescue and the Escambia County Sheriff’s Office also responded to the crash.
For more photos, click to enlarge.
NorthEscambia.com photos by Kristi Barbour, click to enlarge.
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Update: Vehicle Theft Suspects Arrested After McDavid Hunt
June 13, 2018
A search near McDavid Wednesday ended with the arrest of two teens for stealing a truck.
Devin Jackson, 18, and Kaige Dykes 17, were charged with grand theft, criminal mischief and resisting arrest. The truck was recovered on Highway 29 near Cotton Lake Road between McDavid and Molino Wednesday morning.
Further details were not available.
Editor’s note: A suspect name previously provided to NorthEscambia.com in electronic communication from the Escambia County Sheriff’s Office was incorrect. That person had no known connection to this incident.
Suspects Plead Not Guilty To Charges In Walnut Hill Double Shooting
June 13, 2018
The three suspects in a Walnut Hill murder have entered not guilty pleas to the charges against them.
Christopher Alan Stacey, 37, pleaded not guilty to homicide and attempted homicide. His son Christopher James Logan Stacey, 18, and Alexis Ileene Shiffner Cain, 21, pleaded not guilty to accessory to homicide and accessory to attempted homicide. They are scheduled to arraigned late this month.
Their arrests came after two men were found shot in the head near Atmore on Sunday, June 3.
Dalton Davis was found dead in a truck in Brushy Creek on Deere Creek Road, and Troy Boutwell was found near the road after crawling from the truck, according to an arrest report. He was airlifted to the USA Medical Center in Mobile in critical condition and later released.
Alabama detectives learned that Boutwelll had been at his friend’s house in the 5900 block of Highway 164, just east of Highway 97 in Walnut Hill. Deputies responded to find the three suspects and another individual in the home.
An Escambia County, FL, investigator was contacted by Atmore Police to relay information on the shooting location. He instructed deputies to respond to the home where they found a couch burning in the backyard (photo below). Deputies extinguished the fire. Victim Boutwell later said he was shot on the couch in the home’s living room of the home, which is about nine miles from where the men were found with the truck.
According to the report, an AR-15 was found in one of the bedrooms and a 12 gauge shotgun was found in another bedroom. The report does not specify if either was the murder weapon. A bullet hole was found in an interior wall.
Christopher Alan Stacey was seated on a bucket across the road from the residence watching as investigators processed the crime scene, while his son sat a wooden chair in front of a neighboring home (both pictured below). Cain was placed in the back of an ECSO patrol vehicle as investigators worked.
Florida investigators also responded to the truck at Brushy Creek on Deere Creek Road in Alabama to process that crime scene with Alabama agencies. The straight-line location of the truck was about 1,000 feet north of Alabama-Florida State line.
Christopher Alan Stacey is the ex-husband of the witness and resides with her at the home on Highway 164. Boutwell told law enforcement that he was shot because of an argument with her ex-husband. The son, Christopher James Logan Stacey, also resides in the home, the report states.
Further details were redacted from the arrest reports by the State Attorney’s Office.
Daily Downpours In Our North Escambia Weather Forecast
June 13, 2018
Here is your official North Escambia area forecast:
Wednesday: Showers and thunderstorms likely, mainly after 1pm. Partly sunny, with a high near 89. Calm wind becoming west around 5 mph in the afternoon. Chance of precipitation is 60%. New rainfall amounts between a tenth and quarter of an inch, except higher amounts possible in thunderstorms.
Wednesday Night: A 30 percent chance of showers and thunderstorms. Mostly cloudy, with a low around 72. Southwest wind around 5 mph becoming calm.
Thursday: Showers and thunderstorms likely. Mostly cloudy, with a high near 88. Calm wind becoming west around 5 mph in the afternoon. Chance of precipitation is 60%.
Thursday Night: A 40 percent chance of showers and thunderstorms. Mostly cloudy, with a low around 71. Southwest wind around 5 mph becoming calm.
Friday: Showers and thunderstorms likely. Mostly cloudy, with a high near 89. Calm wind becoming southwest around 5 mph. Chance of precipitation is 60%.
Friday Night: A 20 percent chance of showers and thunderstorms. Mostly cloudy, with a low around 72. Southwest wind around 5 mph becoming calm.
Saturday: A 50 percent chance of showers and thunderstorms. Partly sunny, with a high near 88. Calm wind becoming southeast around 5 mph in the afternoon.
Saturday Night: A 20 percent chance of showers and thunderstorms. Mostly cloudy, with a low around 72. South wind around 5 mph becoming calm in the evening.
Sunday: A 50 percent chance of showers and thunderstorms. Partly sunny, with a high near 88.
Sunday Night: A 20 percent chance of showers and thunderstorms. Mostly cloudy, with a low around 73.
Monday: A 40 percent chance of showers and thunderstorms. Partly sunny, with a high near 88.
Monday Night: A 20 percent chance of showers and thunderstorms. Mostly cloudy, with a low around 71.
Tuesday: A 40 percent chance of showers and thunderstorms. Partly sunny, with a high near 88.