Leslie McGuirk claims she was out for a walk when a car came barreling down Seagrape Drive in Oceanaire Heights at negligent speeds. As the acclaimed children’s book author and astrologist rushed to get out of the way, she tripped on a crumbling piece of pavement and fell, according to court documents.
The March 2017 incident left McGuirk seriously injured and unable to work, her lawyers say. The driver who almost hit her was uninsured. So, she enlisted the help of Tuttle Law and sued the county. The municipality failed to maintain the roadway and left no warnings that conditions might be dangerous or hazardous, attorney Douglas Tuttle wrote in the October 2017 lawsuit. The lawyer, who filed the complaint in the 19th Judicial Circuit Civil Court, claimed an excess of $15,000 in damages, but the suit against the county was dropped this month after McGuirk received a $5,000 settlement. Read more here. TALLAHASSEE - State prosecutors recently strengthened their case against several defendants accused of running a “pill mill” in Vero Beach. The Fourth District Court of Appeals overturned an earlier ruling and found police work done by a local sheriff’s deputy outside his jurisdiction was admissible.
The order usurps Circuit Court Judge Cynthia Cox’s earlier determination that Maj. Eric Flowers, then a narcotics detective with the Indian River County Sheriff’s Office, was acting out of bounds when he secured search warrants for defendants’ property in Broward and Palm Beach counties. Florida statute has no requirement that someone who applies for a warrant be an officer of the law, therefore jurisdiction is not relevant, opined Judge Spencer Levine. Appeals Court Justices Burton Conner and Alan Forst concurred. Read more here. INDIAN RIVER COUNTY — A Circuit Court judge has denied immunity to a Vero Beach man accused of shooting his brother dead after a night of heavy drinking and brawling, despite a plea for relief under Florida’s revised ‘Stand Your Ground’ statue.
The Hon. Cynthia Cox issued her ruling June 28, nearly a week after hearing expert testimony about the 2014 slaying. It was the second time Cox ruled that defendant Mark Deffendall’s actions were not excused by the defense. The 43-year-old, who was beaten bloody by his brother in their father’s airplane hangar just before the shooting, is being held at the Indian River County jail without bond. He has been charged with first-degree murder with a firearm. His case has yet to go to trial. Read more here. Indian River County voters will have the opportunity to choose new judicial officials in August as they consider candidates to replace retiring county and circuit court judges.
Six candidates are vying for two spots – the Hon. Robert Pegg’s seat on the circuit court bench, where serious felony cases are decided, and the Hon. Joe Wild’s seat in county court, which rules on traffic tickets, landlord/tenant disputes and other less serious matters. Read more here. INDIAN RIVER SHORES — Six undocumented Central American immigrants ran into problems last month when they tried to enter John’s Island to do manual labor. Shores police partnered with the U.S. Border Patrol to detain and initiate deportation proceedings for the workers, who are suspected of being in the country illegally.
The men were taken into custody two weeks ago after John’s Island security notified law-enforcement the workers were unable to produce identification as they attempted to enter the upscale, gated community. They were working with M&M Trucking, a transport company hired by a roofing business to deliver roofing tiles to a home on Manatee Cove. They had been hired to help load several heavy pallets onto the roof, said Indian River Shores Public Safety Lieutenant Al Iovino. The driver of the truck didn’t tell security there were workers in the back, he explained. The guard became alarmed and called police after realizing there were several people in the trailer; none of whom had proper identification. “At that point, you don’t know who you are dealing with,” Iovino said. Read more here. |
Beth WaltonWriter, World Traveler, Mother. These are my stories. Archives
August 2018
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