ByrdLaw Blog
Saturday, August 22, 2015
Thursday, July 23, 2015
Shooting in Lafayette, Louisiana
Another Cowardly Shooting in a Movie Theater
Several people are fighting for their life tonight following yet another incident of attempted mass murder, once again in a crowded movie theater. The victims have been transported to local hospitals, but it appears that at least one innocent person has died. An awful addition to the saga that is, the Aurora Theater shooting in Colorado. Literally hours before this attack, the jury in the Aurora Theater shooting found that the crimes of the shooter were in fact worthy of the death penalty.Speculation as to motive or modus operandi
It seems inappropriate to speculate about any possible motive for this terrible crime, while victims are still fighting for their life, but it is impossible to ignore the coincidence that today is the day where the jury in the Aurora shooting effectively approved of the use of the death penalty as a potential sentence.http://www.wsfa.com/story/29618627/jury-reaches-phase-1-verdict-in-co-theater-killer-trial
Certainly, the choice of a movie theater as the target for this psychopath makes the connection to the Aurora shooting like something out of a horror movie. As the victims of this pathetic act struggle to recover, the shooter appears to have decided to take his own life. To that I say "Good, as his torment in hell has only just begun".
Future Threats of Violence
In a country with such a great degree of freedom such as ours, acts of unspeakable violence are unavoidable. We do not wish to live in a police state, and these unfortunately are the consequences of our free society. However, a larger issue is one that the media will almost certainly ignore: My greatest fear has long been that Islamic Extremists and other terrorist groups will learn that "home-run" terrorist attacks such as 9/11 are extremely difficult to pull off, especially in today's climate.However, a group of three men strategically entering into a crowded shopping mall with homemade explosives and fully automatic weapons and backpacks of ammunition could wreak havoc on the entire mall population. This is similar to the scenario that played out in Norway, when a shooter murdered 75 people and injured over 200 more. This is truly the scariest scenario and evidence does suggest that terror groups and extremists of all stripes have caught on.
I pray for the victims and the families of the victims who had to undergo such depravity while trying to enjoy a summer movie with their friends and families. The murderer has killed himself, a fate that he truly did deserve.
Sunday, June 7, 2015
Longwood, Florida Remembers "The Senator Tree" of Central Florida.
The Senator Tree in Seminole County, Florida
Long-time residents of Central Florida will remember the very large tree of Central Florida, nicknamed "The Senator Tree", in 1927 after State Senator Moses Overstreet. At one point in time, this tree was impressively gigantic, 165 feet tall. This towering tree became an icon for Seminole County, Florida and was adored by Central Florida Residents.The End of an Icon
Before the tree earned it's nickname, in 1925 a Hurricane reduced the height of the tree from 165 feet to 138 feet. In 2012, the massive tree had lost more height due to age, and stood a still impressive 118 feet tall. However, Seminole County lost an icon that year. The Big Tree did not survive the ferocious flames set by a 26 year-old woman who told police that she set the fire "because it was too dark, and she wanted to see the drugs that she was using". The "Senator Tree" was a total loss.Seminole County Remembers The Senator Tree
The tree as it once stood is lost forever, however, residents of Seminole County, Florida still have the opportunity to see a piece of this great Central Florida landmark. Through September 30th, 2015 Longwood, Florida residents and visitors will be able to review various pieces of artwork that are made from the charred timbers of the fallen grand tree. Additionally, pieces of the Senator Tree have been donated to the U.S. National Herbatorium Museum in Washington D.C. If you are interested in checking out this great piece of Central Florida history, the details are below:Beginning this weekend, we can see more than 100 of the results at the Museum of Seminole County History, in an exhibition titled "The Senator's Sculptures: Ancient Wood Reborn." The work of 18 artists, it will be on display through Sept. 30.
www.byrdlawfirm.org
Thursday, June 4, 2015
Josh Duggar of TLC's 19 Kids and Counting
Should TLC's Josh Duggar Be Forgiven?
Josh Duggar is an admitted child molester. It may be true, that his actions were roughly a decade ago, but this doesn't change the fact that he victimized his family members and impacted the lives of several young women in the process. He may be indeed be a reformed man, however, sex offenders without extensive treatment are highly likely to re-offend. We now know that Josh Duggar sexually took advantage of five girls when he was younger. However, is that the full extent of his victimization of children? We will never know.A Pedophile with 19 children.
Clearly, no evidence exists that Josh Duggar has molested any of his nineteen children, my hope is that nothing ever happened, but the concern is there. Josh is focusing on how God has forgiven him, as a believer myself, this has always bothered me. Josh will not know if God has truly forgiven his actions until he is before the Lord at that time of Final Judgment. God may forgive him, assuming that Josh has repented and lived a clean life following his despicable acts. However, this does not mean that we as the public should forgive him. Josh committed heinous sexual acts that should have been prosecuted, and Josh should have met the punishment that every other sexual offender/sexual predator under the same circumstances would have met, prison time, and a long sentence at that.Depending on the specific acts that Josh Duggar did in his victimization of these young women, in a State like Florida he would have been likely facing up to life in prison or at minimum a decades-long sentence. In Florida, Josh would have been labeled as a Sexual Offender/ Sexual Predator and would have had stringent requirements for the rest of his life. Josh Duggar would not be an affluent reality television star, no, not even close. If Josh Duggar had been prosecuted for his crimes, he would be a man who would struggle to find a job, to find a place to live, and to find acceptance in society. Plenty of good people's lives have been ruined based on sex offenses that they either did not commit or were petty in nature (Georgia oral sex case comes to mind). But Josh Duggar gets a reality tv show and notoriety. The mistakes of the past have a funny way of catching up to people, and Josh Duggan is finally, after all these years, receiving his punishment.
What about his family and his wife?
I have no idea what the thought process of his wife was when she found out Josh Duggar's illegal sexual acts, but, she should not be dragged through the mud for all of this. His wife made a questionable decision when it came to accepting his past, however, she did not commit the sexual molestation. His wife is now another victim of Josh Duggar. She is undoubtedly receiving extreme criticism for her knowledge of his acts, and that is not fair. By all knowing accounts, she has lived a good life, and has done good by her children. Her life does not deserve to be turned upside down by the past deeds of her husband.The same goes for the family, both the children and the extended family. The children now have to live with the fact that their father was a child molester. This is an awful revelation for any child or grown adult. Nevertheless, they are now subjected to the relentless media hounding that accompanies a revelation as large as this. I do sincerely hope for the best for the family of Josh Duggar, but as for Mr. Duggar himself, he should not be forgiven. TLC should pull the plug once and for all on his TV show.
www.byrdlawfirm.org
Tuesday, June 2, 2015
Orlando Thief Caught By Leaving Behind Receipt with His Name and Address
An Orlando, Florida man, Demetrius Washington, was arrested on June 1st, 2015 when he left his real name and address on a "pawn" receipt regarding copper and metal that he sold off from a local Orlando scrap yard. This information enabled Orlando law enforcement to locate him and upon their questioning of Mr. Washington he apparently admit to not only selling the air conditioner for scraps but to stealing it as well.
The tale of Orlando's own Mr Washington is a lesson to anyone that is facing potential criminal charges, it is almost always wiser to invoke your Constitutional right to remain silent. If the only evidence against Mr. Washington had been the sale of the air conditioning unit, it would have been hard to prove beyond a reasonable doubt at trial that he was the one who stole the property. It is true that the Orlando prosecutors would likely obtain the presumption of recently stolen property in the jury instructions, but this could be overcome by a simple explanation that the defendant merely acted as a "fence".
Additionally, without this admission by the defendant, even the dealing in stolen property charge would have not been a slam dunk. The defense could have provided the suggestion that he may have picked up the air conditioner during an Orlando "bulk trash" night, or found it in an Orlando dumpster. Unfortunately for Mr. Washington, he has now provided the State of Florida and my former colleagues at the State Attorney's Office in Orange County, ample evidence to convict him of: Dealing in Stolen Property, Grand Theft (could be a serious issue with proving the value), and the Burglary charge (as the property was removed from a structure).
www.byrdlawfirm.org
The tale of Orlando's own Mr Washington is a lesson to anyone that is facing potential criminal charges, it is almost always wiser to invoke your Constitutional right to remain silent. If the only evidence against Mr. Washington had been the sale of the air conditioning unit, it would have been hard to prove beyond a reasonable doubt at trial that he was the one who stole the property. It is true that the Orlando prosecutors would likely obtain the presumption of recently stolen property in the jury instructions, but this could be overcome by a simple explanation that the defendant merely acted as a "fence".
Additionally, without this admission by the defendant, even the dealing in stolen property charge would have not been a slam dunk. The defense could have provided the suggestion that he may have picked up the air conditioner during an Orlando "bulk trash" night, or found it in an Orlando dumpster. Unfortunately for Mr. Washington, he has now provided the State of Florida and my former colleagues at the State Attorney's Office in Orange County, ample evidence to convict him of: Dealing in Stolen Property, Grand Theft (could be a serious issue with proving the value), and the Burglary charge (as the property was removed from a structure).
www.byrdlawfirm.org
Monday, June 1, 2015
University of Central Florida Crime. UCF crime increasing.
I am not going to hide my displeasure with the University of Central Florida Police Department. During my tenure as an Assistant State Attorney in Orange County, Florida, I saw first-hand how ineffective and petty that this Police Department can be. The recent partnership with Orange County Sheriff's Office was nothing more than an opportunity for the University of Central Florida Police to save face under public scrutiny. The far superior and infinitely more powerful Orange County Sheriff's Office will undoubtedly take on a more active role in the UCF area. But this begs the question, are the UCF Police really a necessary expenses? Or would this money be better used if the funds were allocated to OCSO?
As a prosecutor I saw that certain UCF Police Officers got their kicks from writing petty criminal citations and would even complain if the fine that the student received in their criminal case was not high enough (and no, the individual officer does not get any of this money). Whereas, agencies such as Orlando Police Department, Winter Garden Police Department, and OCSO were for the most part highly effective and professional, UCFPD simply lagged behind in a major way.
Understandably, the UCFPD does not have anywhere near the resources of the larger agencies but this does not excuse their lack of patrol priorities in the area. Instead of focusing on Disabled Parking Permit criminal citations and marijuana and alcohol arrests, the agency would be better served attempting to thwart the criminal gang activity in the area directly adjacent from UCF.
Criminal offenses are on the rise in the UCF area, and this is a scary proposition for college students and their parents. Just last week, a man burst through the door of a woman's apartment and attempted to rape her. The victim was able to fight the suspect off, but the experience for her was terrifying nonetheless. A gang issue persists in and around the area of UCF, and without a concerted law enforcement effort in the area... It will get worse.
Here is the link for the news article regarding the attempted rape
http://www.wftv.com/news/news/local/search-continues-man-who-tried-rape-ucf-student/nmNX5/
As a prosecutor I saw that certain UCF Police Officers got their kicks from writing petty criminal citations and would even complain if the fine that the student received in their criminal case was not high enough (and no, the individual officer does not get any of this money). Whereas, agencies such as Orlando Police Department, Winter Garden Police Department, and OCSO were for the most part highly effective and professional, UCFPD simply lagged behind in a major way.
Understandably, the UCFPD does not have anywhere near the resources of the larger agencies but this does not excuse their lack of patrol priorities in the area. Instead of focusing on Disabled Parking Permit criminal citations and marijuana and alcohol arrests, the agency would be better served attempting to thwart the criminal gang activity in the area directly adjacent from UCF.
Criminal offenses are on the rise in the UCF area, and this is a scary proposition for college students and their parents. Just last week, a man burst through the door of a woman's apartment and attempted to rape her. The victim was able to fight the suspect off, but the experience for her was terrifying nonetheless. A gang issue persists in and around the area of UCF, and without a concerted law enforcement effort in the area... It will get worse.
Here is the link for the news article regarding the attempted rape
http://www.wftv.com/news/news/local/search-continues-man-who-tried-rape-ucf-student/nmNX5/
Wednesday, May 27, 2015
Central Florida Beaches and Rip Currents
This Memorial Day weekend in Central Florida was a tragedy for a few families on the beaches of Florida's Eastern Coast. Three people died after being taken too far offshore due to the rip currents present on the beaches. More than 500 people had to be rescued as well because of the rip currents taking them out to sea.
Having grown up in Central Florida, I know of the vicious rip currents that are commonplace amongst the beaches of the East Coast of Florida during Late-May to Mid-June. For those who have never been caught in a rip current, they are very deceiving. Rip currents, at least as I have experienced, are not violent; they consist of a relatively calm sea chop that causes a person to quickly drift further offshore and generally not in a straight direction. Ten minutes out in the water in a rip current could easily take you more than 500 feet offshore.
Even though a rip current is not generally "rough" per se. They can be, the near constant chop can make it difficult to swim, as the seawater continuously hits you in the face as you paddle towards the shore. It is true, you must paddle diagonally when adrift in a rip current, and you must not expend all of your energy in a furious paddle. With a determined, calm, and constant breaststroke, you should be able to break through the pull of the rip current and regain your lost ground. It is heartbreaking to see anything lose their life, but especially to something as simple as a rip current.
ByrdLaw, P.A. appreciates the effort of the lifeguards at the Central Florida beaches who rescued more than 500 people this weekend. The lifeguards couldn't save everyone, but considering the huge number of people adrift at sea this past weekend, they did an awesome job, and should be commended for their dedication.
www.byrdlawfirm.org
Having grown up in Central Florida, I know of the vicious rip currents that are commonplace amongst the beaches of the East Coast of Florida during Late-May to Mid-June. For those who have never been caught in a rip current, they are very deceiving. Rip currents, at least as I have experienced, are not violent; they consist of a relatively calm sea chop that causes a person to quickly drift further offshore and generally not in a straight direction. Ten minutes out in the water in a rip current could easily take you more than 500 feet offshore.
Even though a rip current is not generally "rough" per se. They can be, the near constant chop can make it difficult to swim, as the seawater continuously hits you in the face as you paddle towards the shore. It is true, you must paddle diagonally when adrift in a rip current, and you must not expend all of your energy in a furious paddle. With a determined, calm, and constant breaststroke, you should be able to break through the pull of the rip current and regain your lost ground. It is heartbreaking to see anything lose their life, but especially to something as simple as a rip current.
ByrdLaw, P.A. appreciates the effort of the lifeguards at the Central Florida beaches who rescued more than 500 people this weekend. The lifeguards couldn't save everyone, but considering the huge number of people adrift at sea this past weekend, they did an awesome job, and should be commended for their dedication.
www.byrdlawfirm.org
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