A Second Degree Mur-der charge is based on the killer acting with a depraved mind. We believed the words and actions of the defendant that night fit a charge of Second Degree Murder.

The decision is ultimate-ly left up to a jury. In this case, a jury of six women decided it was not Second Degree Murder.

In our last issue, we ad-dressed why the SAO did not use a Grand Jury in the George Zimmerman case. In this issue, we will tackle the allegation that the SAO overcharged in this case.

What many may not re-alize is that an overcharge in Florida is virtually impossible. In fact, the State of Florida has a series of checks and balances in place to pro-tect against it.

If an attorney felt the Sec-ond Degree Murder charge the SAO filed was not war-ranted on Mr. Zimmerman, a Motion to Dismiss could have been filed. It never was!

In fact, two judges reviewed and approved the Probable Cause basis for Second De-gree Murder.

Then, the presiding trial judge denied two Judgment of Acquittals, which would have cleared Zimmerman, and in-stead sent the case to a jury.

The Rebuttal

The State Attorney Sidebar O C T O B E R 2 0 1 3 V O L U M E 1 , I S S U E 2

SPECIAL POINTS OF INTEREST:

A message from the State Attor-ney

Second Re-sponse to questions regarding the Zimmer-man case

Recent SAO trial victories

Victim shares his experience

Featured Prosecutor

Identity Theft tips

A Message From the State Attorney Our mission at the State Attorneys Office is simple work side by side with Law Enforcement to keep the citizens of the Fourth Judicial Circuit safe.

I am pleased to tell you that in the last two weeks, our team of prosecutors and support staff worked hard to put four killers be-hind bars.

Here at the SAO, we build upon the excellent work of Law Enforcement Officers in taking cases from probable cause to proof beyond a reasonable doubt.

This emphasis on work-ing with Law Enforcement allows us to put violent and repeat offenders away.

~ God Bless. Angela.

The second in a series of responses to quesons about the Zimmerman case

P A G E 2 V O L U M E 1 , I S S U E 2

David Gallagher was sentenced to ten years and two months in prison followed by four and a half years of probation and 300 community ser-vice hours with MADD for DUI Man-slaughter. ~ASA Lee Smith

A jury found Andrew W. King guilty of First Degree Murder, Killing an Unborn Child and Burglary with Assault or Battery. ~ASAs Bernie de la Rionda and Janeen Mira

Derrell P. Emery was sentenced to life in prison for First Degree Mur-der, 25 years for Second Degree Felony Murder and 20 years for Bur-glary of an Occupied Dwelling. ~ASA Steve Nelson

Montre D. Richardson was con-victed of Murder in the Second De-gree. ~ASAs Alan Mizrahi and Brooke Padgett

William E. Mango III was found guilty of Manslaughter. ~ASAs Alexis Sykes and Garrett Hill

Dan W. Fudge was convicted of Armed Robbery, Kidnapping with a Firearm and Sexual Battery. ~ASAs Anna Hixon and Sandra Rosendale

Robert R. Miller II was convicted of Kidnapping with a Firearm, Aggravat-ed Battery and PFCF. ~ASAs Bradley Bodiford and Peter Overstreet

Jonathan K. Medford was found guilty of Aggravated Fleeing/Att. Elude an Officer, No Valid License and no Motorcycle Endorsement. ~ASA Ernie Dukes

Maria E. Bratton was sentenced to life in prison for Second Degree Murder. ~ASAs Alexis Sykes and John Kalinowski

James Baker, III was convicted of Sale, Manufacture, Delivery of a Controlled Substance and Sale of Counterfeit Drugs. ~ASAs Brittany ONeil and Joel Cooper

John F. Hagans was sentenced to life in prison without parole for Sexual Battery on a child. ~ASAs Alan Mizrahi and Theresa Simak

James L. Collins, Jr. was found guilty of Grand Theft. ~ASAs Mike Kirkland and Pam Hazel

Joseph M. Shelton was convicted of Armed Burglary. ~ASAs Jessica Narducci and Joel Cooper

Feliciano Montijo was convicted of Lewd or Lascivious Molestation. ~ASAs Catherine Licandro and Joel Cooper

Justice Promised, Justice Delivered

Hearings and Cheerings

Mr. T. Edward Ed Austin was an outstanding public servant who left a lasting impression on the Jacksonville com-

munity. In May, the legal community honored Austin and his family by dedicating a courtroom inside the Duval County

Courthouse to the former State Attorney, who also served as the Public Defender and Mayor of Jacksonville.

His strong faith and dedication to making our community a better place inspired those around him. Mr. Austin will

forever be remembered and respected for his achievements throughout his lifetime.

Austin served as the State Attorney of Floridas Fourth Judicial Circuit for nearly 20

years. Afterward, he continued to contribute to the Jacksonville community by serving

as General Counsel for the City under Mayor Hans Tanzler. Mr. Austin also served one

term as Mayor of Jacksonville and was a member of many boards and commissions.

On April 23, 2011, Mr. T. Edward Austin died peacefully in his home at the age of 85.

We are dedicated to continuing his legacy here at the SAO. StateAttorneyAngelaCoreyattheEdAustinCeremony

P A G E 3

Mr. Lomax soon discovered that he was one of more than thirty victims that were being scammed by this couple.

Victims Voice

Off The Record

Special Acknowledgement Opportunity Briany R. Mauerberger has been part of the SAO team since 2008. In 2006, she earned her B.A. degree in Polical Sci-ence from the University of South Carolina. Briany then went on to study at the Florida Coastal School of Law, graduang in 2008.

In May 2008, Briany joined the SAO as an in-tern. In March 2009, she was hired as a Cerfied Aorney Trainee assigned to County Court. A month later, Briany was sworn in as an Assistant State Aorney for the 4th Judi-

cial Circuit. In April 2010, she was promoted to Cir-cuit Court, Division CR-A before later transferring to Repeat Oender Court (ROC). Briany was pro-moted to the Homicide/Major Crimes Division in March 2013.

issued for Coopers arrest, he began rais-ing money for his bail. Cooper raised $1,565 which helped fund lo-cal families. Each dona-on made during the

On September 12th, ASA Collins Cooper went behind bars for the Muscular Dystro-phy Associaons Downtown Execuve Lock-Up fundraiser. Once a warrant was

Lock-Up event went to benefit the MDA, which provides ser-vices to individuals and families aected by neuromuscular dis-eases.

rials. Concerned, Mr. Lomax contacted Travis Mann who said he was aware of the situaon and that he was fixing it. Unfortunately, the problem wasnt fixed and Mr. Lomax soon discovered that he was one of more than thirty vicms that were being scammed by this couple. Travis Mann had been cash-ing each individuals check to keep for himself, rather than deposing them into the companys account. Mr. Lomax and the others believed that there was no hope in clearing the liens and gaining back the money they had lost. However, aer in-

vesgang, the State Aor-neys Oce was able to press charges against the Manns. In May 2013, Travis Mann pled guilty and was sentenced to five years of probaon. He, along with his wife, were also ordered to pay restuon to the vicms. Mr. Lomax says that he is extremely grateful for our oces eorts throughout this case and glad that we fought hard to seek jusce for him and the other vicms.

In 2012, homeowner Arthur Lomax entered into contract with Manns Roofing Compa-ny aer his home had suered from windstorm damage. Travis and Amanda Mann, owners of Manns Roofing, seemed to be run-ning a professional company and impressed Mr. Lomax when they came out to make their inial esmate. Lomax agreed to pay them in ad-vance and the crew soon be-gan to work on his home. About a month later, Mr. Lomax was nofied that a lien had been placed on his home by the roofing supply compa-ny for failure to pay for mate-

AssistantStateAttorneyBrittanyMauerberger

AssistantStateAttorneyCollinsCooper

schools and by local law enforce-ment for certain appropriate crimes, State Aorney Corey has noted she does not support the citaons being issued for misde-meanors like Baery, where there is a vicm. In Florida, vicms have constu-onal rights. A vicm has the right to consult with the SAO to decide whether to file or divert charges against the suspect, receive restu-on, or seek any other proper rem-edy (such as no contact with the vicm). Ms. Corey says crimes involving vicms should always be reviewed by prosecutors before being auto-macally diverted with a civil cita-

The topic of Civil Citaons has recently become a hot buon is-sue. The truth is that there is nothing civil about the facts which form the basis for a citaon. Cita-ons are used in criminal maers involving juveniles and are given to those who have commied a misdemeanor, such as Pet The or Trespass. The citaon is used in place of an arrest. Juveniles do not go to jail, but instead, are sent to teen court or another diversion pro-gram. Ms. Corey has supported the use of Civil Citaons since she took oce in 2009. While Civil Citaons are used in Duval County

on. A recent beang in a Baldwin Middle-High School classroom is one example of why cases need to be reviewed. The State Aorneys Oce was unaware of the incident unl a sto-ry aired on TV. The SAO talked with the vicms mother, and then an arrest warrant was issued for the defendant who beat the classmate. You can learn more informaon about Civil Citaons on our website under Latest SAO News at www.sao4th.com.

Setting the Record Straight

SafetyZone

SafetyTipsFromYourSAOInvesgators Monitoryourcreditclosely.Your credit report contains informaon about your credit accounts

and bill paying history, so you can be pped o if there is any irregular acvity. Watch for suspi-cious signs like accounts you did not open. For extra security, you can also consider identy pro-tecon services, which range from credit monitoring to database scanning.

Keeprecordsofyourfinancialdataandtransacons.Review your statements regularly for any acvity or changes you did not make.

Installsecuritysoware(firewall, an-virus, an-spyware) as a safety measure against online intrusions. It is also important to update this soware on a regular basis.

Bewaryofemailaachmentsandlinksyoureceive. Use cauon even when the message ap-pears to come from a safe sender, as these can easily be spoofed.

Storesensivedatasecurely.Just as you keep sensive paper documents under lock and key, secure sensive online informaon. This can be done through file encrypon soware.

Shreddocuments(both paper and electronic) that contain personal or financial informaon be-fore discarding them. This prevents dumpster divers or computer hackers from accessing your informaon that has not permanently been de-leted. www.sao4th.com

PAGE 4

The RebuttalThe State Attorney SidebarOCTOBER 2013VOLUME 1, ISSUE 2Special points of interest:Page #VOLUME 1, ISSUE 2Justice Promised, Justice Delivered Hearings and CheeringsPage #Victims Voice Off The RecordSpecial Acknowledgement OpportunitySetting the Record Straight

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