Court: Student’s Tweets About Shooting Up School Are Not A Crime
September 29, 2016
Sarasota County high-school student’s statement on Twitter that he “can’t WAIT to shoot up my school” does not constitute a criminal threat under Florida law, an appeals court ruled Wednesday.
A three-judge panel of the 2nd District Court of Appeal overturned a juvenile-delinquency ruling involving “J.A.W.,” the student who sent the tweets in 2014. But in a rare step, the court also suggested that the Legislature might want to look at updating the state’s law against violent threats — originally approved in 1913 — to account for the growth of social media.
“With this popularity comes the unfortunate but inevitable problem that social media posts, like any other form of communication, can be used to make threats of violence,” Judge Nelly Khouzam wrote for the court. “But many threats made on social media will fall outside the narrow language of (the law), which was originally written with pen-and-paper letters in mind.”
The law was updated in 2010 to account for electronic communications, but because it requires the threat to be sent to the person threatened or a family member of that person, the court ruled that it doesn’t always apply to posts on social media.
J.A.W., who is not identified by name in the ruling because he was a juvenile, sent out several tweets that suggested he would open fire at his school. In one post, he wrote: “night f[***]ing sucked can’t wait to shoot up my school soon,” according to the court. He also tweeted out “it’s time,” accompanied by a picture of a gun being slipped into a backpack.
Meanwhile, there was at least one tweet that indicated he might be joking, as J.A.W. later said he was. “My mom and dad think I’m serious about shooting up my school I’m dying,” he wrote. He later apologized on Twitter “to anyone who took me seriously” and said he didn’t even own a weapon.
J.A.W. claimed the tweets were, in the court’s words, part of a joke with a “group of friends who often joked about being unfairly stereotyped as potentially violent based on their interest in video games and rock music.”
The student’s tweets were found by GeoCop, a company formed to scour social media for threats of school violence. The company notified law enforcement, which then told officials at Sarasota High School about the threat. As the school planned to let students out and officers went to the campus, J.A.W. was arrested at his home.
But the tweets don’t fall under part of the law that punishes anyone who “sends or procures the sending of” a written threat, Khouzam wrote, brushing aside the state’s argument that J.A.W. procured the actions of those who brought the threat to the school’s attention.
“There was no evidence that any of J.A.W.’s Twitter followers were students or staff at the school or members of their families,” Khouzam wrote. “By the time it was received by the school, the threat was several steps removed from its original context.”
Courts have worked for several years to adapt state law to the ever-changing world of social media. In a 2013 case, the 1st District Court of Appeal found that a threat on Facebook violated the law. But Khouzam said that case was different because one of the defendant’s Facebook friends was a mutual relative of one of the people threatened in the post.
Khouzam’s opinion, joined by Judges Darryl Casanueva and Matthew Lucas, also suggested that lawmakers consider amending the law to cover social media threats that are public and can move around the internet quickly.
“In this context, a threat of violence made publicly on social media is likely to reach its target and cause fear of bodily harm just like a traditional letter might,” she wrote. “The facts of the instant case exemplify this phenomenon.”
by Brandon Larrabee, The News Service of Florida
Northview To Hold Fish Fry Benefit For Byars
September 29, 2016
Northview High School will hold a benefit Fish Fry Lunch on Monday, October 10 for Kay Byars, cancer patient and wife of Northview teacher and FFA sponsor Perry Byars.
Plates will include two fish fillets, cole slaw, baked beans hush puppies and a dessert for $7. The Northview High School cafeteria will be open from 10 a.m. until 1 p.m. for pick up. Delivery is available for orders of 15 plates or more.
Orders should be placed by October 3. To order, call Vicki Godwin at (850) 327-6681, ext. 222.
Click here for more information and an order form. For additional information, contact the school at (850) 327-6681 and speak to Teresa Johnson, ext. 225, Joyce unn, ext. 229, Sheila Holland, ext. 221, Gerry Pippins, ext. 228, or Gayle Weaver, ext. 227.
New Sign Proclaims Century Blackcat Pride At Anthony Pleasant Park
September 29, 2016
The Century Blackcats youth football league has a new press box sign at Anthony Pleasant Park. The sign, painted and donated by Tabitha Schoonover, reads “Century, Home of the Blackcats” — similar to a sign that greeted visitors at the old Century High School. Submitted photos for NorthEscambia.com, click to enlarge.
U.S. Senate Approves Zika Funding As Cases Increase
September 29, 2016
With Zika cases climbing to 921 in Florida, the U.S. Senate on Wednesday advanced a federal spending bill that includes $1.1 billion in funding to combat the mosquito-borne disease.
U.S. Sen. Marco Rubio, who along with fellow Florida Sen. Bill Nelson supported the bill, said the measure contains $15 million to directly help states, like Florida, with cases of locally transmitted Zika and has $60 million that could help Puerto Rico.
“This anti-Zika package rightfully prioritizes Americans in Florida and Puerto Rico, and I’m encouraged my calls for action have been answered and that real assistance from the federal government is finally on its way,” Rubio said. Nelson called the Senate vote “a small victory” in the effort to block the disease, which can cause severe birth defects.
“The emergency spending approved today will help increase local mosquito-control efforts to contain the spread of the virus and allow federal researchers to continue their search for a vaccine,” Nelson said.
The emergency spending still needed approval from the U.S. House.
On Wednesday, the Florida Department of Health announced six new locally transmitted Zika cases in the state, including four in Miami-Dade County and one each involving residents of Broward and Palm Beach counties. That brought Florida’s total to 115 cases in which the disease was transmitted locally by mosquitoes.
Florida also had eight new travel-related Zika cases, for a total of 700 travel-related cases. In such cases, people have been infected elsewhere and brought the virus into the state. Health officials also said there are 92 cases involving pregnant women, 13 cases involving non-Florida residents and one “undetermined” case, all of which are classified separately from the travel-related and locally transmitted cases.
There have been two travel-related cases of Zika reported in Escambia County.
Hundreds Of Students Gather To Pray At The Pole
September 29, 2016
Hundreds of students gathered to pray at their schools across the area Wednesday morning during the annual See You at the Pole event.
Students gathered as school began to pray in the non-denominational event. See You at the Pole is a student-initiated, student organized, and student-led event. Students prayed for their school, friends, teachers, government and the nation.
Pictured: See You at the Pole this morning at Molino Park Elementary School (Dayna St Cyr photos), Northview High School and Ernest Ward Middle School. NorthEscambia.com photos, click to enlarge.
Teen Jailed For Murdering His Brother
September 28, 2016
A disagreement between two brothers escalated into violence Wednesday morning and ended with one of them being murdered and the other arrested.
Denzel Dywan Williams, 15, of 715 North H St., Pensacola, has been charged with second-degree murder.
His brother – Malik Kewsie Williams, 19, of the same address – died after he was stabbed twice, said Sgt. Stephen Bauer.
Police were dispatched to the residence around 12:20 p.m. after receiving a phone call regarding an armed disturbance at the residence.
Officers determined the brothers got into a verbal disagreement that escalated into a physical confrontation. While they were fighting, Denzel, who had been holding a knife, stabbed his brother.
Denzel Williams was taken into custody at the scene; Malik Williams died a short time later at a local hospital.
Man Shot By His Mother In Walnut Hill
September 28, 2016
An adult male was shot by his mother at her home near Walnut Hill Tuesday night.
Joseph Clay Howard, 39, was shot in the abdomen at a home in the 5900 block of West Highway 4, just west of Greenland Road. He was airlifted by LifeFlight helicopter to a Pensacola hospital in critical condition.
The female was in fear for her life and was defending herself in the domestic violence related shooting, according to the Escambia County Sheriff’s Office.
Escambia County Sheriff’s Office spokesman Sgt. Andrew Hobbs said the investigation is ongoing into the shooting incident, and the ECSO is working with the State Attorney’s Office to determine what charges, if any, might be filed against Howard in the incident. No charges have been filed against the mother.
The mother remained on scene following the shooting.
Pictured top: A shooting victim is loaded into a waiting ambulance in the 5900 block of West Highway 4 Tuesday night. Pictured top below: The victim is transferred to LifeFlight. Pictured bottom: Additional photos from the shooting scene. NorthEscambia.com photos, click to enlarge.
Health Alert: Second Escambia County West Nile Case Confirmed
September 28, 2016
The Florida Department of Health in Escambia County (FDOH-Escambia) has issued a mosquito-borne illness alert after this year’s second human case of West Nile virus was confirmed in an Escambia County resident.
The Escambia County Mosquito Control Division and FDOH-Escambia continue surveillance and prevention efforts. However, there is heightened concern that other Escambia County residents and visitors may become ill from being bitten by an infected mosquito.
Mosquitoes are known carriers of WNV, and other disease-causing viruses. To protect yourself from mosquitoes and the diseases that they carry, you should Drain and Cover.
Drain standing water.
· Drain water from garbage cans, house gutters, buckets, pool covers, coolers, toys, flower pots or any other containers where sprinkler or rain water has collected.
· Discard old tires, bottles, pots, broken appliances and other items not being used.
· Empty and clean birdbaths and pets’ water bowls at least twice a week.
· Protect boats and vehicles from rain with tarps that do not accumulate water.
· Maintain swimming pools in good condition and chlorinated. Empty plastic swimming pools when not in use.
Cover skin with clothing or repellent;
· Wear shoes, socks, long pants and long sleeves when mosquitoes are most prevalent.
· Apply mosquito repellent to bare skin and clothing.
· Always use repellents according to the label. Environmental Protection Agency (EPA) registered repellents with 10-30 percent DEET, picaridin, IR3535 and some oil of lemon eucalyptus and para-menthane-diol products provide longer-lasting protection.
· Re-apply mosquito repellent as often as needed to prevent mosquito landings and bites.
· Use mosquito netting to protect children younger than 2 months old.
· Adults should apply repellent first to their own hands and then transfer it to the child’s skin and clothing. Avoid applying repellents to the hands of children.
Cover doors and windows.
· Place screens on windows, doors, porches, and patios.
· Repair broken screens.
· Keep unscreened windows and doors closed.
Hiring Event Friday At Santa Rosa Correctional
September 28, 2016
The Florida Department of Corrections will host a hiring event Friday at the Santa Rosa Correctional Institution.
The Florida Department of Corrections is seeking qualified individuals to join the agency. Applicants should bring the following (if possible): driver’s license, legible copy of birth certificate, social security card, high school diploma, GED or college transcripts and any name change documents (if applicable), such as a marriage certificate. Veterans and current reservists/Guardsmen should bring a copy of their DD-214 or military ID, respectively.
The event will be held at 9:00 a.m Friday, but applicants should arrive no later than 8:30 a.m. at the Santa Rosa Correctional Institution at 5850 East Milton Road.
For employment information contact Recruitment Officer Christy Padgett at (850) 983-5909 or padgett.christy@mail.dc.state.fl.us.
Death Penalty On Hold As Court Looks For Answers
September 28, 2016
Throughout this year, Florida’s death penalty has been in a state of limbo.
Executions are on hold, judges across the state are postponing death penalty cases, and defense lawyers are seeking additional reviews in the aftermath of a U.S. Supreme Court decision in January that struck down Florida’s death-penalty sentencing process.
The U.S. Supreme Court said Florida gave too much power to judges, instead of juries, in deciding whether defendants should be executed. But the 8-1 ruling also created uncertainty by failing to address whether jury recommendations for death sentences should be unanimous.
The focus is now on the Florida Supreme Court, left grappling with a variety of issues related to the January ruling and a law hurriedly passed by state lawmakers in response to the decision.
“Defense lawyers are trying to push the cases off, waiting for the court, and in some instances judges are going along with it,” said Bernie McCabe, the state attorney in the 6th Judicial Circuit in Pasco and Pinellas counties. “And if they don’t go along with it, defense lawyers file other motions claiming other stuff, to try to push it. So the frustration is we’re not getting the cases to trial that ought to be tried. And, unlike fine wine, my cases don’t get better with age.”
Of nearly three dozen states that have the death penalty, Florida is one of only three states — including Delaware and Alabama — that do not require unanimous jury recommendations for death. Delaware’s death penalty is also in flux. The Delaware Supreme Court in August decided that the state’s death-penalty process, similar to Florida’s, was unconstitutional. In contrast to Florida, Delaware’s last execution was in 2012.
The U.S. Supreme Court’s decision in a case known as Hurst v. Florida dealt with the sentencing phase of death-penalty cases after defendants are found guilty, and it focused on “aggravating circumstances” that must be determined before defendants can be sentenced to death. The ruling cemented a 2002 U.S. Supreme Court decision, in a case known as Ring v. Arizona, requiring that determinations of such aggravating circumstances must be made by juries, not judges.
Under Florida’s old law, jurors by a simple majority could recommend the death penalty. Judges would then make findings of fact that “sufficient” aggravating factors, not outweighed by mitigating circumstances, existed for the death sentence to be imposed.
That system was an unconstitutional violation of the Sixth Amendment right to trial by jury, the U.S. Supreme Court decided in an 8-1 ruling.
After the Hurst decision, Florida justices indefinitely postponed executions that had been scheduled to take place in February and March. The decision also set off a scramble by lawmakers to revise the sentencing system.
Florida’s new law — crafted by the Republican-controlled Legislature during the session that ended in March — requires juries to unanimously determine “the existence of at least one aggravating factor” before defendants can be eligible for death sentences. The law also requires at least 10 jurors to recommend the death penalty in order for the sentence to be imposed, a departure from the old law, which required a simple majority of jurors.
After hearing arguments in dozens of cases since January, the Florida Supreme Court is considering whether the Hurst decision applies to defendants whose death sentences were handed down before the January ruling. The court is also poised to decide a variety of other issues, including whether the new law — which does not require a unanimous recommendation for death — is constitutional.
One of the most highly anticipated decisions involves the case of Larry Darnell Perry, who was convicted in the 2013 murder of his infant son.
“Clearly at this stage in our jurisprudence, we want to make sure that the statute is construed in a constitutional manner so that we don’t have another 15 years of death penalty — if the state wants the death penalty, which apparently it does — in flux,” Justice Barbara Pariente said June 7 during arguments in Perry’s case.
Perry’s case hinges on whether the new law should apply to defendants whose prosecutions were underway when the new law went into effect. While Perry’s lawyer, J. Edwin Mills, argued that the new law should not apply in his client’s case, other defense lawyers are split on the issue. Mills contends his client should receive a life sentence.
Arguments in the Perry case also focused on the new law, which circuit judges in Tampa and Miami have ruled is unconstitutional because it does not require unanimous recommendations from juries.
Lawmakers adopted the 10-2 recommendation at the urging of prosecutors, who objected to the notion of requiring unanimity.
“Philosophically, I’ve never had a real problem with unanimity. My problem has always been what happens then to the cases that have already been tried, when the jury was told that their recommendation did not have to be unanimous. Do you undo 20 or 30 years of jurisprudence and impact cases?” McCabe said. “If you litigate that case and that case gets affirmed and they uphold the constitutionality of the system under which the sentence was imposed, I don’t think decades later they should come in and say, ‘Oops, we didn’t mean to,’ because the personalities are now different on the court.”
The issues awaiting Florida Supreme Court decisions will have a far-reaching impact, affecting inmates already on Death Row as well as defendants whose cases are in progress or have not yet reached the trial stage.
Confident that the court will uphold the new law, prosecutors are moving forward with capital cases.
“We believe that the changes have made the death penalty constitutional again,” Dave Aronberg, state attorney in the 15th Judicial Circuit in Palm Beach County, said.
But at the circuit level, many judges are hesitant to try capital cases that could be overturned after a Florida Supreme Court ruling, according to Pete Mills, an assistant public defender in the 10th Judicial Circuit who is chairman of the Florida Public Defender Association’s death penalty steering committee.
Ambiguity over Florida’s death penalty has created frustration for judges, prosecutors and even defense lawyers.
“It creates a strain for everybody involved,” Mills said. “We all want to be able to resolve these cases. But, going forward with statutes that are unconstitutional without having constitutionally approved jury instructions, is an invitation to disaster and will cause a lot of cases to have to be retried.”
Some judges are asking defense lawyers to agree to proceed with the first phase of trials, to determine guilt or innocence, and put the sentencing phase of the trials on hold until the Florida Supreme Court rules on the new law.
“There’s definitely a lack of uniformity across the circuit courts and the federal district courts in terms of Hurst issues,” said Maria DeLiberato, an attorney representing Death Row inmate Dane Abdool.
Abdool is a plaintiff in a federal lawsuit centered on the constitutionality of Florida’s lethal injection procedure. A federal judge in Jacksonville recently put Abdool’s case on hold, pending decisions from the Florida Supreme Court.
State Attorney Brad King in the 5th Judicial Circuit acknowledged that finality from the court would be welcome.
“For the efficiency of the system, everybody would like to see it resolved and we move on from there,” he said.
by Dara Kam, The News Service of Florida