Century Sets February Special Election Dates For Two Council Seats
January 5, 2017
The town of Century has set a special election for two of the body’s five seats.
A special primary election will be held on Tuesday, February 14, while any necessary runoff will be during a special election on February 28.
The first seat up for election will be the one currently held by Kevin Stead. Stead was appointed as the temporary replacement for Annie Savage, who passed away in late October. Savage had just been re-elected for another term beginning January 2017, so the election will fill the seat until 2021.
The second seat up for election is the one to be filled by Ben Boutwell when he is sworn into office later this month. Boutwell was forced to resign his seat effective January 2 when he ran unsuccessfully for mayor during the recent election. Monday night, he was re-appointed as his own temporary replacement by the remainder of the council.
Voters must be registered by January 17 for the special primary election or January 30 for the special election.
Candidates interested in either seat must be a resident of Century. Pre-qualifying dates have been set for January 9-20 at the Supervisor of Elections Office. Qualifying will be held at Century Town Hall on January 23 and January 24 from 8 a.m. until 3:30 p.m.
The qualifying fee is $35.84 (one percent of salary), plus a council fee of $15 for a total of $50.94.
If a seat is decided during the February 14 special election, swearing in will be Friday, February 24. If a seat is not decided until the February 28 election, the swearing in will be Friday, March 10.
‘Bizarre’ Court Action Leads To Florida Death Penalty Confusion
January 5, 2017
In a highly unusual move that heightened confusion in an already-murky legal arena, the Florida Supreme Court quickly rescinded an order Wednesday that would have barred prosecutors from seeking the death penalty in capital cases.
The release of the order — a mistake, according to a court spokesman — and its almost immediate retraction further muddled Florida’s embattled death penalty, on hold for nearly a year following a U.S. Supreme Court decision last January.
“The whole thing is bizarre,” House Judiciary Chairman Chris Sprowls, a Palm Harbor Republican and a former prosecutor, told The News Service of Florida in a telephone interview Wednesday.
Late Wednesday morning, the court released an order in the case of Larry Darnell Perry, one of a number of high-profile death penalty cases related to the U.S. Supreme Court ruling last January. That ruling found Florida’s capital sentencing system unconstitutional because it gave too much power to judges, instead of juries.
The Legislature quickly passed a new law intended to address the U.S. Supreme Court ruling. But the Florida Supreme Court struck down the new statute because it did not require unanimous jury recommendations for death to be imposed, something not addressed in the U.S. Supreme Court decision.
Wednesday’s order, vacated less than two hours after it was released by the court, would have denied Florida Attorney General Pam Bondi’s “request for clarification” in Perry’s case. In that case, the Florida court majority found that the new state law was unconstitutional because it required 10 of 12 jurors — rather than unanimous juries — to recommend the death penalty and that it “cannot be applied to pending prosecutions.”
The court vacated Wednesday’s order because it was released prematurely, according to spokesman Craig Waters.
“The order references cases that still are pending in the (Florida Supreme) Court in which separate opinions have not yet been issued. The error occurred because today’s order should not have been released until the opinions in those separate cases actually have been issued,” Waters said in a rare statement explaining the court’s action.
Appellate courts “routinely process” large numbers of cases at the same time and take steps to ensure that orders or opinions do not refer to cases that are pending, Waters wrote.
“The rule is that courts wait until all of the referenced opinions have been released to the public,” he wrote. “Due to purely human error, that process failed today. The Florida Supreme Court regrets the error and is reexamining its internal procedures to prevent similar errors from occurring in the future.”
In a dissent to the now-vacated opinion, Justice Ricky Polston referenced two death-penalty cases not yet decided by the court. Those cases focus on whether the new law could apply to cases already underway, if judges instruct juries that unanimous recommendations are required for the death penalty to be imposed.
Polston objected that the court should clarify its October ruling in Perry’s case, which he wrote “has created confusion and paralysis across the state regarding the death penalty and capital trials.”
Instead, the majority’s vacated order would have struck down the entire section of the new law dealing with sentencing in capital cases.
Pete Mills, an assistant public defender in the 10th Judicial Circuit, said Wednesday’s rescinded order “will likely be reissued in a similar form” in the future.
“This is a hiccup. This caused confusion for some people but was resolved very quickly,” said Mills, who is chairman of the Florida Public Defenders Association Death Penalty Steering Committee.
A similar ruling would almost certainly bring all death penalty prosecutions to a halt in Florida, said Bernie McCabe, the state attorney in the 6th Judicial Circuit in Pasco and Pinellas counties.
“I agree with one word that Justice Polston says. I think the term is incomprehensible. I find that to be a mild description, but accurate,” McCabe said in a telephone interview Wednesday. “The way I read it is, there is a death penalty, but you can’t use it, which I think makes Justice Polston’s description appropriate. It means a lot of frustration for everybody involved in the system.”
Lawmakers are poised to deal with the statute again during the legislative session that begins in March. Sprowls’ committee will get an overview of recent death penalty litigation Tuesday, and a panel will address the issue at the House Criminal Justice Subcommittee meeting the following day.
The court’s actions Wednesday won’t have any impact on how lawmakers deal with the issue, Sprowls said.
“We’re looking at what we can do as a Legislature to make sure we have a working death penalty statute,” he said. “Regardless of their decision or not-decision today, we’re going to more forward so we can have a death penalty statute that victims can rely on.”
But McCabe had a more caustic view of the death penalty’s future, given the recent court decisions.
“Whatever the Legislature does, I presume that they will require unanimity and all of that, but there’s no certainty that that particular group on the Supreme Court will find that statute to be OK,” McCabe said. “I actually am quite concerned that we can ever have a statute that that particular group is going to find OK.”
by Dara Kam, The News Service of Florida
Molino Road Now Closed For Bridge Work
January 5, 2017
Molino Road was closed Wednesday to being work to replace the bridge over Penasula Creek, just east of Sunshine Hill Road. The road is expected to be closed for about 265 calendar days. For a previous story with more details, click here.
NorthEscambia.com photo, click to enlarge.
2016 In Photos: October
January 5, 2017
Today, we continue our look back at the year 2016 in photos with a look at October.
A Century stabbing suspect was on the run in late October.
A missing 83-year old woman was found on a North Escambia dirt road several days after she was last seen in Pensacola.
Century Town Council member Annie Carter Savage passed away at age 75.
Tate High School students learned about the dangers of smartphone distracted driving as part of the AT&T It Can Wait campaign.
Several hundred people attended attended a Halloween program at the Molino Branch Library.
The Tate Aggies defeated the Pine Forest Eagles 28-23 to give the Aggies a second place finish in District 1-6A.
The Baker Gators beat the Northview Chiefs 38-0 in Baker. With the win, the Baker Gators claimed the 1-1A title, dropping the Chiefs into the runner-up spot.
A groundbreaking ceremony was held for the new Beulah Middle School on West Nine Mile Road, setting into motion a much larger plan that will see major changes for West Florida High, Ransom Middle and Woodham Middle schools.
Football star Trent Richardson was in Walnut Hill, enjoying girls softball action at Northwest Escambia’s Bradberry Park as the Diamond Divas hosted Perdido Key. Richardson was there cheering on his daughter who is playing her first year of softball for Perdido Key.
The population of Flomaton roughly doubled for the town’s Harvest Festival and Trick-or-Treat Around the Block.
Two suspects were arrested after a North Escambia woman came home to find a burglar inside her residence.
A K-9 prepares to search for a suspect.
Over 100 people took part in the recent Aggies Support the Fight: A Walk to Help End Breast Cancer at Tate High School, hosted by Tate High School’s Community Caregivers and National Honor Society.
Bishop Martin Holley, a graduate of Tate High School, was appointed by Pope Francis and installed as the fifth bishop of the Diocese of Memphis.
Hundreds attended the annual Williams Station Day in Atmore.
The Allen Memorial United Methodist Church Men’s Pumpkin Patch was open once again this year at the corner of Highway 29 and Neal Road in Cantonment. Pumpkins of all shapes and sizes are available, with some priced as low as $1.
Molino Park Elementary School celebrated the 50th day of the school year with a 50’s Day.
The Century Area Chamber of Commerce held a Fall & Craft Festival & Car Show at Showalter Park
Morgan Myrick was crowned Homecoming Queen at Northview High School.
The Northview Chiefs came out on top against the winless Jay Royals to clinch a playoff berth.
The Northview Homecoming Parade rolled through Bratt.
Ernest Ward Middle School wrapped up their football season with a 28-26 win over Escambia County Middle School of Atmore.
Northview, Flomaton, W.S. Neal and Escambia County High (Atmore) high schools held a Dig Pink volleyball tournament at Northview.
The Northview High School Fellowship of Christian Athletes (FCA) sponsored a student led worship event “Fields of Faith” in the Tommy Weaver Memorial Stadium.
The Tate High School Cheerleaders recently held a Lil’ Aggies Cheer Champ. The participants were able to cheer during Tate’s game against Pace.
A fire that destroyed the Wesley Chapel Church on Jefferson Avenue is under investigation as a possible case of arson.
Escambia Community Clinics opened their new ECC Century Pediatric Dental Clinic at 501 Church Street, in the former Health and Hope Clinic location.
The Blue Angels over Pensacola Beach on an October afternoon.
Cheering for the Tate Aggies.
International Paper in Cantonment celebrated 75 years.
Tate High School senior Markus Baxley, who suffers from cerebral palsy, scored a pre-game touchdown for the Tate Aggies.
A Pensacola man was arrested at gunpoint outside Brewton, AL, following a two state chase that reached speeds of 130 mph in Alabama and led to the lockdown of multiple schools in Florida.
Community helpers day was held at Molino Park Elementary.
Thousand attended the annual Jay Peanut Festival.
The Tate Aggies defeated Washington for their first district win of the season.
FWC Law Enforcement Report
January 5, 2017
The Florida FWC Division of Law Enforcement reported the following activity during the weekly period ending December 29 in Escambia and Santa Rosa counties.
ESCAMBIA COUNTY
Multiple agencies responded to a call regarding a man who fell into the Escambia River and was missing. Officers searched the area by land, water and air. Shortly after arriving, FWC Pilot Tolbert and Lieutenant Golloher located the victim by air within a mile from where he fell in (pictured top). Uniformed officers recovered the body by vessel.
SANTA ROSA COUNTY
Officer Hutchinson received information about a subject who shot an antlerless deer out of season with a modern firearm. After an initial investigation, he learned that the individual was a convicted felon and could not legally possess a firearm. Officers Hutchinson and Clark arrived at the individual’s property in the early morning hours and made contact with his brother-in-law who also lives on the property. The officers discovered the antlerless deer carcass inside a barrel that was hanging from a skinning rack. They also discovered an ice chest with the meat from the antlerless deer. After questioning the individual, he agreed to take the officers to where the suspect was living on the property. They drove through the property to a wooded area that had a two‑story shooting house in the bushes. The brother-in-law informed the officers that the suspect lived in the shooting house. The officers made contact with the suspect who admitted to using a modern firearm to shoot the antlerless deer out of season. The officers discovered that the suspect did not have a valid Florida hunting license and that he trespassed onto a nearby hunting club to harvest the deer. The suspect turned over the firearm used to harvest the deer. The officers seized the firearm and the deer meat. The suspect was issued a notice to appear for taking an antlerless deer out of season. Additional charges are pending.
Officer Jones was patrolling the Eglin WMA when he encountered a hunter driving a vehicle on an Eglin Range road well before legal time to enter Eglin property. The officer issued a notice to appear citation for early entry.
Officers Hoomes and Long were patrolling the Roberts Pond in the Eglin WMA when they located footprints leading into a closed area. The officers located a freshly killed antlerless deer approximately 50 yards from where an individual entered the closed area. The officers also located a receipt from a local retail vendor which appeared to have been left as a marker to locate where the illegal deer was killed. The officers located the individual by using information from the receipt and interviewed him about the deer. The suspect admitted to shooting the deer and leaving it in the woods because some hunters in the area saw him attempting to retrieve it. The subject also admitted to dropping the receipt on the edge of the road as a marker when he returned to retrieve the deer. The subject was issued citations for taking an antlerless deer during closed season and for hunting in a closed area in Eglin WMA. He was issued a warning for the willful and wanton waste of wildlife.
Officers Roberson, Hoomes and Long responded to a complaint of individuals hunting with dogs in the Yellow River WMA. The officers located the individuals who were hunting rabbits with dogs. The area is closed to this activity and they were issued citations for the violations.
This report represents some events the FWC handled over the past week; however, it does not include all actions taken by the Division of Law Enforcement. Information provided by FWC.
Pesticide DDT Found In Escambia River, Adjacent Wetlands
January 4, 2017
The pesticide DDT has been found in sediment samples from the Escambia River and its adjacent wetlands, a post-doctoral research associate at the University of West Florida has discovered.
Dr. Geoffrey Marchal, who was hired in April to begin the research, is now testing those sediment samples to see how readily available the pollutant is to the many diverse species that inhabit the bay.
“That’s the big concern,” Marchal said. “If the DDT in the sediment is bioavailable and can go through the food chain, then we have an issue.”
Since DDT and other pollutants can be held very tightly by the sediments, the optimal finding would be that the pollutant is stable in the sediment and out of the reach of wildlife, said Dr. Johan Liebens, a professor in the Department of Earth and Environmental Sciences.
“That’s not good, but it’s the best we can hope for in the current situation,” Liebens said of the possibility of that finding.
Marchal’s research is a follow-up to a study performed in 2009 by Liebens and Dr. Carl Mohrherr, who is now a retired professor from UWF. That study showed elevated levels of DDT in the sediments of the Escambia River wetlands that exceeded a Florida government guideline known as the probable effects level.
“We got the results back and they were really very high, at least in the wetlands, in the north end of the bay, not in the bay itself,” Liebens said. “In the bay itself, there was no DDT.”
However, some details of that initial study were difficult to explain, Liebens said
DDT that has been present for a long time typically breaks down into its metabolites – DDD and DDE. But none of those breakdown products were present, Liebens said.
“It’s very, very unusual,” he said. “But one potential explanation was that the DDT was so recent, it didn’t have time to break down.”
And if the DDT has been used recently, it would be illegal. The U.S Environmental Protection Agency banned DDT in 1972 based on its potential hazardous environmental effects, including to wildlife as well as risks to humans.
The sediment samples from the study done by Liebens and Mohrherr, which was funded by the EPA, were taken to a private lab. Another possibility for the 2009 findings was that the lab was not able to detect the DDD and DDE breakdown products in the samples, Liebens said.
“Because it was very hard to explain the numbers that we got back from the lab, we wanted to go back and check and do the analysis in house,” Liebens said.
Marchal’s latest research, which was funded by a Scholarly and Creative Activities Committee grant from the UWF Office of Undergraduate Research, found that fewer sites contained DDT and the levels are lower than originally found in the 2009 study.
“The most important point is we found less sites with DDT,” Marchal said. “Originally, nearly all the wetlands were contaminated.”
Marchal is still testing samples in the wetlands research laboratory at UWF. Liebens said he hopes that the findings of the study will be published in a scientific journal, possibly as soon as April.
Whether the researchers make any recommendations to government agencies depends on the results of Marchal’s testing, Liebens said.
“It depends on what we find with the bioavailability,” Liebens said. “If we would find really high levels of bioavailability then we could advise government agencies and draw their attention to what we have found.”
Pictured top: Post doctoral research associate Geoffrey Marchal performs a soxhlet extraction in the lab. Courtesy photo. Pictured inset: The Escambia River at Molino. NorthEscambia.com file photo, click to enlarge.
League of Women Voters Allowed Into Gulf Power Rate Case
January 4, 2017
The League of Women Voters of Florida will be able to take part in a regulatory case in which Gulf Power is seeking to raise base electric rates by $106.8 million.
Florida Public Service Commission member Jimmy Patronis, who is handling pre-hearing matters in the case, issued an order Friday allowing the League of Women Voters to intervene. The organization is represented by attorneys from the environmental law firm Earthjustice.
In its petition to intervene, the League of Women Voters pointed to concerns about issues such as energy efficiency and renewable energy.
Patronis wrote that the organization met a legal test for being able to take part in the case but also said all issues such be “germane” to the rate case.
“LWVF (the League of Women Voters) may offer testimony and provide evidence as to whether the rates, rate-structure, and charges proposed by Gulf are fair, just and reasonable,” the order said. “Notwithstanding the granting of intervention, however, I remind the parties that issues shall be limited to those appropriate to the scope of an electric rate case proceeding.”
The Public Service Commission is scheduled to start holding a multi-day hearing on the rate proposal March 20 in Tallahassee. The Pensacola-based Gulf provides electricity to customers in large parts of Northwest Florida.
by The News Service of Florida
Molino Road Set To Close Today For Bridge Replacement
January 4, 2017
Molino Road is scheduled to be closed today to start work to replace the bridge over Penasula Creek, just east of Sunshine Hill Road.
The project scope includes replacing the bridge, completing drainage improvements and signing and marking. A detour will be in place while the new bridge is built. The detour will consist of Highway 29 to Crabtree Church Road to Sunshine Hill Road to Molino Road, or Molino Road to Sunshine Hill Road to Crabtree Church Road to Highway 29.
The project is expected to be completed in approximately 265 calendar days.
The bridge has reached a level of deterioration to warrant replacement and is next on the list of the FDOT’s Five-Year Work Plan. The project will be funded and the construction work will be performed under contract for the Florida Department of Transportation. After completion of the structure, Escambia County will be responsible for the maintenance of the bridge.
The wood piling supported Molino Road Bridge over Penasula Creek was constructed in 1958.
ictured top: The Molino Road bridge over Penasula Creek. Pictured below: The deteriorating wood pilings that support the bridge. NorthEscambia.com photos, click to enlarge.
Semi Trailer Fire Destroys Household Belongings
January 4, 2017
Someone lost a semi trailer full of household belongings Tuesday evening at the Florida Welcome Center on I-10.
Firefighters from Florida and Alabama battled the fire in a Bekins Van Lines trailer. The truck driver was able to pull his semi away from the trailer. The cause of the fire was not immediately known, and there were no injuries.
The Beulah and Bellview stations of Escambia Fire Rescue and the Rosinton Volunteer Fire Department from Baldwin County were among the responding units.
NorthEscambia.com reader submitted and Kristi Barbour photos, click to enlarge.
Escambia Sheriff Morgan Sworn In For Third Term
January 4, 2017
Sheriff David Morgan was sworn in for his third term in office this morning by the Honorable Judge Kerra A. Smith. Also pictured is Morgan’s wife, Susan, hold the Bible for the ceremony. Courtesy photo for NorthEscambia.com, click to enlarge.