Florida Child Injury Lawyer Blog

Valeria Maxon and her husband lived in Mansfield, Texas, with their son, Alex. In 2006, Alex’s doctor told the Maxons that the child was developmentally disabled. The couple took the child to a Florida child therapy center.

It was at this time that Ms. Maxon started showing signs of mental illness, saying that Alex was dying and it was her fault because she was a bad mother. She was hospitalized for several days in Florida until her husband released her to return to Texas. After returning home, she became more delusional, saying that she was possessed by Satan and that their son was the Antichrist.

Both Ms. Maxon’s sister and one of her psychiatric doctors warned Maxon not to leave Alex alone with his mother. But in 2008 he left the house for an hour and half; when he returned home his wife informed him that she had drowned Alex in the hot tub. Ms. Maxon was arrested and charged with capital murder. She was found not guilty by reason of insanity, and was sent to a maximum security mental hospital.

That same week, Maxon was charged with abandoning his son and placing him in imminent danger of death or injury. Prosecutors argued that a reasonable person would not have left the baby with his mother when she was so clearly mentally ill. Jurors deliberated just over a half an hour before returning a guilty verdict. The maximum sentence for second degree murder in Texas is twenty years in prison.

Read more about this sad case at Mansfield father found guilty in wife's drowning death of baby.

Dr. Robert Davis Williams, an emergency room doctor, was arrested at his home recently by Jacksonville, Florida Sheriff’s office deputies. Williams, who earned his medical degree at the University of Florida, and completed his residency at Shands, Jacksonville, has been charged with possession of child pornography.

Reportedly, a woman living with Williams came across a video portraying child pornography and notified police. She told police investigators that she then looked further and found thousands of DVDs which could be classified as child pornography. Police have seized Williams’ computer and computer storage media along with several hundred VHS tapes and DVDs.

Williams is licensed to practice medicine in Florida, Georgia, South Carolina and Alabama, and was working as a travelling emergency physician with Team Health until he was fired on the same day that he was arrested. If he is convicted he could face up to five years in prison.

Read more about the arrest of a Jacksonville doctor at Hundreds of Discs, Tapes Taken from Jacksonville Doctor Facing Child Porn Charges.

If your child has been the victim of sexual abuse or the subject of exploitation or harm, contact a Florida Child Injury Lawyer for consultation as to your child's civil rights as they pertain to damages for medical bills, counseling, and related pain and suffering.

A Port St. John, Florida woman called the Brevard County, Florida Sheriff’s Office before noon on a recent Saturday morning, after finding an eighteen month old child in a diaper at her front door. According to Deputy Andre Walters, the woman was familiar with the child’s family, and directed police to the home of Sarah R. Petty, where they found a three year old at home alone.

Witnesses said that they had last seen Ms. Petty leaving her home at 8:00 p.m. the previous evening. After a few hours of searching, deputies located Ms. Petty at a friend’s home a few blocks away. According to officers, Ms. Petty was drunk when they found her.

Ms. Petty has been charged with child neglect and has been taken to the Brevard County jail. The two children are now with their father, who was out of town at the time of the incident, and the Florida Department of Children and Families has been notified about the situation. The Sheriff’s investigation into the matter is still ongoing.

Children need to be closely supervised at all times. Leaving two young children alone to go out drinking is a crime, and Ms. Petty will have her day in court to answer to these serious charges. Find out more details of this story at Tots found unattended; mother charged, jailed.

If your child has been injured due to someone else’s negligence, a Florida Child Injury Lawyer can provide guidance, counsel, and when supported by both the law and the facts representation to pursue damages for medical bills (past and future) and related pain and suffering.

In Orlando - University of Central Florida and other college towns around Florida and the United States, students often take on jobs in order to help pay college expenses and bills. It can be quite difficult juggling studies, extracurricular activities, and work. In Orlando, one such student (Maria Mishler) reported that she was falsely imprisoned by the manager of the Fubar - a popular sports bar frequented by University of Central Florida students and others. According to a story posted in the Orlando Sentinel, the manager - Matthew Merdian - had been drinking and was making sexual advances towards Maria. The alleged incident took place in an office that had been locked by Merdian who "forced her to straddle a chair by placing his hands on her shoulders." Fortunately, Maria was able to get away but was certainly fearful of her safety during this incident

Merdian denies the allegations but had no comment following his arrest. Of course, Merdian will be entitled to defend himself against the allegations. The investigation ir or discovery in this matter may reveal witnesses with knowledge of the incident and statements. It is also possible that criminal investigations of this nature will yield videotape evidence that may help support the prosecution. Then again, videotape evidence, if it exist, may end up assisting the defense of this matter.

Regardless of the outcome of this criminal case, it is important for all college students to be careful anytime that there is drinking or crowds around. Alcohol affects motor skills and inhibitions. Keep in mind that getting drunk is not a good excuse for bad or criminal actions. You can read more about this story at Fubar Manager Accused of Attacking University of Central Florida Sorority Member.

Tonuya Rainey, of Miramar Florida is a mother to eight children. Reportedly, when her sixteen year old daughter became pregnant, Ms. Rainey did not want her to have the child, fearing that it would cause her daughter to miss out on a lot of things. Since she did not have the money to pay for an abortion for her daughter, Ms. Rainey gave the twenty four week pregnant woman pills to induce labor. Ms. Rainey’s daughter claims that the child was born alive, Ms. Rainey claims that the child was stillborn. They both admit that Ms. Rainey then discarded the body in the trash.

Ms. Rainey pleaded guilty to seven charges, including child abuse, termination of a pregnancy and practicing medicine without a license. Her attorney asked the judge for leniency, saying that Ms. Rainey took these actions out of a misguided attempt to provide her daughter with a better life. The Judge sentenced Ms. Rainey to two years of house arrest and five years of probation.

Read more details of this story at Tonuya Rainey Avoids Jail After Forcing Daughter to Have Abortion; Dumped Boy in Trash.

George Gibney left Ireland in 1994 and moved to Florida after a pedophile case against him lapsed due to the length of time since the alleged incidents occurred. The case included twenty seven alleged incidents of pedophilia. Since leaving Ireland for Florida, four new complaints against the former national swim coach have been made by former Irish swimmers who claim they were abused by Gibney while on the swim team. Irish police sent the files to the proper authorities, but no extradition warrant has been issued by the Irish government.

Now an American child protection agency, called Child AbuseWatch, is trying to have Gibney deported, saying that he lied on his Immigration form, which asks if the applicant has been arrested for or accused of a crime. Child AbuseWatch has distributed sex offender notification leaflets in the gated community where Gibney now lives; the community, Enterprise Cove, is located near Orange City, Florida.

It is not clear why the Irish government has not tried to extradite Gibney from the United States. Gibney is entitled to defend himself against the allegations. It is concerning that so many children and families have stepped forward with allegations against one man.

Find out more about the charges against George Gibney at Notorious Irish sex offender tracked to Florida.

If your Jacksonville, Florida child has been the victim of a sexual predator, there may be criminal and civil actions taken regarding the acts of the predator and the damages to the child. The police and State Attorney are charged with the responsibility of prosecuting the predator or sexual offender. In addition, a civil case may be brought against the sex offender / sex predator and his or her employee for the damage sustained by the child for such acts. A Florida Child Injury Lawyer can advise parents and caregivers as to the child's legal rights and the practicalities of pursuing a civil case for the abuse.

In Florida, is it a parent's duty to protect a child from a dangerous person including boyfriends, girlfriends, and fiances? The simple answer is . . . Absolutely! Many parents often times may a decision to spend time with a boyfriend, girlfriend, significant other, or fiance rather than concentrate on the best interest of a child. If a person poses a danger to a child, a parent should keep his or her child out of harm's way. The safety a child is paramount to everything else. In Cape Coral, Florida, a 34 year old woman (Nicole Brewington) was recently sentenced to 30 years of prison time for her failure to protect her child who died as a result of a beating by her former boyfriend. You can read more about this story at Woman Gets 30 Years in Child's Death.

An apartment complex maintenance worker may have saved the life of an infant recently. The worker noticed an infant wrapped in blankets and locked in an SUV in the parking lot of the building complex where he worked. The window of the vehicle was cracked open about an inch, allowing the man to pry open the window and get the child out of the car. Other witnesses reported that the child had been locked in the car for about an hour before being rescued.

After deputies arrived at the scene, Latosha Yeadon returned to her car. She reportedly admitted to making arrangements over the Internet to commit prostitution with a man who lived at the apartment complex. The Hillsborough, Florida Sheriff’s office would not comment on whether the three month old child was Ms. Yeadon’s daughter or not. The girl was brought to Brandon Hospital and is in stable condition. Ms. Yeadon has been charged with aggravated child abuse, aggravated child neglect, prostitution and contributing to the dependency of a child.

Leaving a child unattended in a vehicle can be fatal. It is fortunate that an observant Samaritan noticed the child in the car and got her out before she was seriously injured. Find out more about this story at Deputies: Woman left infant in car to meet prostitution client.

If your child has been injured due to negligence or an accident, please contact our Jacksonville, Florida area law firm for child injury legal counsel.

Deputies from the Volusia County, Florida Sheriff’s Office were conducting a felony traffic stop when the possibly armed suspect began behaving irrationally. Jorge Garcia allegedly began yelling profanities at the deputies and then got in the back seat of his car and refused to get out. When deputies threatened to use a taser gun on him, the man allegedly got out of the car, grabbed a one year old baby from the backseat and held it in front of him, shouting “tase the baby” at the officers.

The deputies were able to remove the baby from Garcia’s arms without any harm to the child. A woman, Tangeca Garcia, who was a passenger in the car reportedly then got out and attempted to block officers from using their taser guns on Garcia. The deputies were eventually able to tase Garcia so that they could place him under arrest.

Garcia has been charged with child abuse and resisting arrest. Ms. Garcia has also been arrested and charged with resisting arrest. Of course, Mr. Garcia and Ms. Garcia will be entitled to defend themselves through representation from a Florida criminal defense attorney or a public defender. There may be legal defenses to the situation that should be explored by the defense attorney.

Unfortunately, children are put in danger every day by parents and caregivers who engage in reckless and careless activities. Parents and caregivers should to their best to think through the consequences of their actions. Of course, many parents and caregivers have mental health issues that complicate the situation. In these instances, family members, extended family members and when necessary the Court and Florida Department of Children and Families should step in when necessary to protect the interests and welfare o the children.

Read more about the arrest of Jorge Garcia at Cops: 'Tase the baby,' man dared them.

Wood, Atter & Wolf is a full service law firm based in Jacksonville Florida and Ponte Vedra Beach, Florida. Attorneys at the firm handle criminal, family law, business, probate, guardianship, and child personal injury matters. The above reported incident will involve issues involving criminal and family law.

Tempe, Arizona resident Elizabeth Johnson was extradited from Florida over the holidays after she failed to appear for a child custody hearing in Phoenix, Arizona. Her child, Gabriel Johnson was not with her at the time, and the child’s whereabouts are still unknown.

Elizabeth reportedly had tried to give the baby up for adoption in the past, turning her son over to a Scottsdale, Arizona couple she met in an airport several months previously. She later took the child back, and recently sent text messages to the child’s father, Logan McQueary, saying that she had killed the child. She now claims that she handed him over to a couple she met in a park in San Anonio, Texas. According to Ms. Johnson’s Grandfather, Bob Johnson, she was desperate to get the child adopted and may have tried to find a willing couple on Craigslist or some other online service. Police still do not know if the child is dead or alive, or if the child is in Texas, Florida or Arizona. Ms. Johnson has been charged with kidnapping, child abuse, and custodial interference. She is refusing to cooperate with authorities.

Find out more about this story at Missing Baby "Persons of Interest" Speak.

In a recent opinion-editorial (op-ed) piece on Jacksonville.com, a Jacksonville, Florida father shared his feelings about the alternative therapies his family pursued for their Autistic child. The man’s Autistic son has been through several alternative therapies for Autism, including vitamin supplements, B12 injections, hyperbaric oxygen therapy, anti-fungals, and other experimental, or alternative, Autism therapies. He reported that his family spent four years and thousands of dollars on what he termed an “uncontrolled, flawed experiment.”

He believes that the Defeat Autism Now! group and doctors and therapists who subscribe to its methods should be approached with caution. Doctors who are the foremost experts in the field of Autism and represent some of the most esteemed medical institutions in the world frequently criticize the group for promoting therapies that have no scientific basis. The man reports that his family decided to cease all experimental therapies several months ago and his son is progressing without any regression. He encourages families to seek therapies for their Autistic children that are based on sound medical evidence.

You can find out more about this family’s path to help their autistic son at Guest column: Be wary of alternative therapies for autism.

According to a Marion County, Florida Sheriff’s Office report, Nekisha Smith made a trip to the McDonalds drive thru one evening with her five year old son in the car. An employee of the restaurant became concerned after noticing that Ms. Smith was allegedly speaking with a slurred voice and smelled of alcohol. She also reportedly seemed confused about her order once she reached the window. The employee told Ms. Smith that her food was still being cooked, and asked her to pull forward to wait for it. He then called police.

When police arrived, Ms. Smith was parked in the McDonalds parking lot, eating her food. She reportedly told deputies that she was just tired from drinking the day before; she also said that she was taking several medications, including Zoloft. She failed field sobriety tests, including a breathalyzer that showed a blood alcohol level of .13. The child’s father was called to pick up the boy, and Ms. Smith was arrested. She has been charged with drunken driving and child neglect. Deputies have contacted the Florida department of Children and Families about the incident.

Read more about the alleged McDonald’s drunken drive-thru incident Mother arrested in McDonald’s parking lot, charged with child neglect, DUI.

If your child has been injured by a drunk driver, please contact our Jacksonville and Northern Florida law firm for child injury legal counsel.

Three small children may have saved their mother’s life recently. Their mother was washing dishes when her boyfriend and the children’s father, Jose Oliva, attacked her with a pocket knife. He reportedly threatened to take the children away from her and go back to Mexico if she ever tried to leave him. He then allegedly punched her in the back. The three children, all around pre-school age, then intervened to try to stop him from hurting her. Oliva apparently backed off. When he fell asleep sometime later, the woman escaped from the home with all three children and called the Hillsboro County, Florida Sheriff’s office.

The children suffered some bumps and bruises from the attack. Oliva was arrested without incident. He is being held on charges of domestic violence battery by strangulation, aggravated assault with a deadly weapon, child abuse and tampering with a witness. His bail has been set at $57,500.

Domestic violence is far too common in Florida homes and throughout the United States. Unfortunately, children are often caught in the middle of domestic disputes. Parents should always act in the best interests of a child rather by responding to the heat of the moment. Children are harmed psychologically when they witness violent events or even threats of violence.

Mr. Oliva will be entitled to the services of a a criminal defense attorney or public defender. Of course, in many domestic violence situations, there are several versions of the events. This case will be handled in criminal court. It may also be dealt with in family law court in custody and visitation proceedings.

You can read more about these three brave children who stood up to their mother’s attacker at Plant City kids injured trying to save mom from dad's attack, deputies say.

Polk County, Florida Sheriff Grady Judd is famous for his crackdowns on child predators, especially those who try to lure children over the Internet. He added another child predator suspect to his list recently, when he arrested Sikes Elementary School principal Corey Lynn Swindler on charges of sexually assaulting a young girl. Sikes Elementary School is located in Lakeland, Florida.

The alleged victim is an eleven year old girl and the child of a family friend. It was reported that Swindler knew the child / family for about 10 years. Swindler allegedly began abusing the girl when she was only five years old. Swindler has been charged with one count of sexual battery on a child under 12 years of age and six counts of lewd molestation on a child less than 12 years of age; he reportedly confessed to the lewd molestation charges after being arrested, but not to sexual battery.

Police say they have no reason to suspect that Swindler abused any children at the school he was in charge of for the last three years. The school district has placed him on administrative leave.

Parents should be able to send their children off to school without worrying if the principal is a child molester. If guilty, Swindler has certainly broken the trust of the parents at his school. Swindler is entitled to his day in court, but if he is convicted of these crimes, parents can breathe a little easier knowing that he will never be able to work with children again. Read more about the charges at Polk principal arrested for sexual battery on a child.

If you suspect that your child has been the victim of sexual abuse, it is important that the incident is reported to law enforcement authorities so that a criminal investigation can be pursued. The best place for a child predator is behind bars and away from children.

Children have rights and civil causes of action to pursue for sexual abuse and assault. In addition to the predator, there may be others including private businesses and school districts that are responsible for the harm inflicted upon the child. A consultation with a Florida Child Injury Lawyer can help answer many legal questions involved in sexual assault / molestation cases.

A Christmas gift allegedly turned ugly last week, when a young child was given a toy pellet gun. Unfortunately, the boy (with his new present) shot his cousin who is Autistic. Christopher Fred Cady, age 39, then took away the gun from the child who shot his autistic cousin. According to the news story reported in The Miami Herald, Cady then shot the boy to show the boy how it felt. While the boy was definitely wrong for shooting a helpless and defenseless autistic child, Mr. Cady was not justified in shooting the offending child in the chest to show the offending child how it felt.

According to the St. Lucie, Florida Sheriff’s Department, Cady has been charged with cruelty toward a child without great harm. Read more about this incident at Man accused of using pellet gun on boy as a lesson.

It is not clear what Cady’s relationship was to the children in question, or if either of the children were seriously hurt by the pellet gun shots. What is clear is that the child was either too young or too irresponsible to be given any type of gun for a Christmas present. Even “toy” pellet guns can cause serious harm and children should not be allowed to play with them without strict adult supervision.

Of course, Mr. Cady will be entitled to the services of a Public Defender or a private criminal defense lawyer as to these charges. Witness statements will be taken and reviewed. Mr. Cady will also have the opportunity to present a defense and / or explanations for the events or incidents reported.

If a child is injured as a result of the actions or inactions of another person or child, it is important for parents to know the legal rights of the injured child. A consultation with a child injury lawyer can answer many questions including what laws and statutes apply, the availability of liability insurance, and responsibility for payment of medical bills and other related damages.

According to the Florida Highway Patrol, a Vero Beach, Florida woman, Blanca Idalia Juarez, had two children with her in her car when she lost control of the vehicle and crashed into a canal. She refused to perform a sobriety test at the scene, but is reported to have told officers that she had consumed four alcoholic beverages before getting behind the wheel.

The two children were taken to a nearby Florida hospital for treatment. Their mother was arrested and charged with one count of driving under the influence, two counts of child neglect and two counts of battery on a law enforcement officer.

Ms. Juarez will be entitled to representation on this criminal matter by a Public Defender or a private criminal defense lawyer. In most cases, the interview of a suspected drunk driving suspect is recorded on video tape. Regardless of this evidence, Ms. Juarez can defend herself on these charges and her statements at the scene. The failure to submit to a field sobriety test and / or breath test can be used in the criminal case as evidence along with the fact that there was an accident.

Children are subject to the will of their parents, and as such parents have the responsibility to carefully watch out for their children’s well-being. Consuming four alcoholic drinks and then getting behind the wheel with your young children is not a recipe for a good parenting award. It is fortunate that no one was seriously injured in this accident. You can read more details of Ms. Juarez’ arrest and the charges against her at Woman charged with DUI, child neglect after crash.

A man who worked in two North Florida School Districts (Duval and Nassau County) was recently indicted on child pornography charges according to a story posted at the Florida Times Union website. Robert Allan Cowan, age 47, worked at Arlington Middle School, Fort Caroline Middle School, and Yulee Primary School. U.S. Attorney A. Brian Albritton reported the indictment which involved two counts of producing child pornography, three counts of receiving child pornography and two counts of possessing child pornography. If the allegations are true, it is quite concerning that a man working in the school system would engage in such activity. Of course, Mr. Cowan will be entitled to defend himself against these criminal allegations. In many cases of this nature, there is a solid trail of forensic computer / online evidence that helps secure a conviction and / or a plea deal.

The case was investigated and coordinated by the Jacksonville Sheriff's Office, U.S. Immigration and Customs Enforcement, and the Department of Children and Families.

Parents and caregivers should monitor the text messages and e mails of their teen children. Of course, this can be a battle at times due to the typical teen's demand for privacy. In Kissimmee, Florida, a mother became concerned when she saw some text messages to her 13 year old daughter's mobile phone. These text messages eventually lead to the mother's discovery that her 13 year old daughter had sex with a 21 year old man that she met online at www.myspace.com. The mother reported the texts to the police who later arrested the man for lewd and lascivious battery, traveling to meet with a minor, and driving with a suspended license.

Children and teens greatly enjoy the Internet. Unfortunately, children and teens do not appreciate the dangers of online sites like My Space and Facebook. Parents should teach their children about the dangers of predators on the Internet and the fact that they target children. Parents should do their best to keep children off of sites like Facebook and My Space. In the alternative, parents should monitor their children's activities online and on their mobile phones. Make your child be your friend on My Space and Facebook. Set forth restrictions and limitations when your child is online. Make sure that they do not create friendships or liasons from purely online contact. It is well known that a person can be any body he or she wants to be online. You can read more about this Kissimmee story at Orlando Man Arrested Following a Mother's Discovery of Text Messages.

A baby, who was not even 3 months old, suffered serious personal injuries while under the care of his mother - Madria Eyvette Roundtree. She has been charged with neglect after her baby suffered head injuries. From a story posted at The Palm Beach News Website, the baby may have suffered the injuries from a fall from bed. Thereafter, it appears that there was a delay in getting the baby medical attention. Other family members urged Ms. Roundtree to see more timely medical care and evaluation according to the article.

Of course, Ms. Roundtree is entitled to legal representation on this matter through a private attorney or through the public defender's office. Ms. Roundtree, through her attorney, will probably argue that there was no intent to harm her child and that she was unaware of the severity of the injuries until she took the child into the hospital. There may also be arguments that the delay or alleged delay did not cause any further injuries. Of course, there are a great many of details from a forensic and medical standpoint that will be developed by each side as this case progresses further.

Parenting certainly is not a part time job or responsibility especially when caring for infants and babies. Since children this young cannot communicate their needs or ailments, it is vital that a parent or caregiver is very diligent in getting a child medical care any time there is a doubt or concern about the health or well being of a child.

You can read more about this story at Boynton Beach Mother Charged with Neglect - Child Is Now Deaf and Blind from Head Trauma / Injuries.

According to the Polk County, Florida Sheriff’s Office, John Stelmack was arrested after an investigation which revealed that he had allegedly created and was in possession of child pornography. Stelmack is the principal of Scott Lake Elementary School in Lakeland, Florida. He was suspended from his job by the Polk County School Board a week before his arrest, for an administrative investigation. In the course of the investigation, representatives of the school board found five images of child pornography in a briefcase seized from Stelmack’s office. School board representatives then contacted the Polk county Sheriff’s Office with their findings.

Stelmack allegedly often took pictures of his students at school and then used a computer to digitally superimpose their faces onto the bodies of nude children. At least one of the children, featured in four of the images, was positively identified as a ten year old female student at the school. Another female featured in the other photos has not been identified. A search of Stelmack’s home has yielded another ten to twenty digital images which may be considered child pornography.

Stelmack is fifty three years old and is married with two adult children. He has been charged with five counts of possession of child pornography and is being held with a $100,000 bond. To think that someone who has been entrusted with the safety of hundreds of children would do something like this is incomprehensible.

Of course, Mr. Stelmack has the right to representation from a criminal defense attorney or public defender for these charges. He may argue that the photos were not created by him or were otherwise unknown to him. If a plea deal is not secured, evidence will need to be presented at trial to prove up the charges. Forensic evidence should be yielded by examining the computer, digital camera, fingerprints,and other items.

Find out more about the arrest of school principal John Stelmack on child pornography charges at Principal out of jail after child porn arrest.

If your child has been the victim of a sexual predator, please contact our firm for expert legal counsel.