Florida Child Injury Lawyer Blog

An Alachua County man (Keith Edward Olmeda) was recently sentenced to 150 years in federal prison for sexually abusing his former girlfriend's children and for videotaping these heinous acts. This acts of Olmeda are very disturbing and make this case or sentence ripe for the act of locking him up and throwing away the jail key. Olmeda is a sexual predator who is an absolute danger to society and children. Children should be protected, nurtured and educated by parents and other adults. Making them the subject of sex acts and videotapes is cruel punishment by a the acts of a selfish and sociopathic person.

You can read more about this story at Alachua Man Gets 150 Federal Prison Sentence.

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.

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.

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.

The disappearance of two year old Caylee Marie Anthony has been the subject of many headlines since the girl went missing from her home last June. Caylee’s mother, Casey Anthony, has been charged with killing her own child, but Caylee’s grandparents have insisted that the girl was kidnapped by a babysitter. Recently, a plastic bag containing a child’s bones was discovered by an Orange County, Florida utility worker only a few blocks from Caylee’s home, which she shared with her mother and grandparents.

While the identity of the victim has not been confirmed, the bones are strongly believed to be Caylee’s due to their proximity to her home and the fact that no other young children are believed to be missing in Orange County Florida. The bones were not found earlier because the area where they were found was flooded by record summer rains at the time when the massive search for Caylee was underway. DNA tests will confirm whether the bones are Caylee’s in a few days.

Casey Anthony is being held at the Orange County Jail on first degree murder charges and is not eligible for bail. Her trial is set for March. To read more about the discovery and the background of the case, visit Is It Caylee?

Three masked men with guns broke into a Palm Bay home where five children, ranging in age from ten months to fifteen years old, were waiting for their mother to return home from the hospital with another of her children who needed stitches for an unrelated injury. The mother returned from the hospital and walked in on the gunmen shortly after they had broken in to the home and forced the children to lie down on the living room floor. After the mother arrived home, they threatened the ten month old baby with a gun, choked the eleven year old, threatened the family dog, demanded money, stole all the Christmas presents, and finally poured boiling oil on the mother and her fifteen year old daughter. The young girl is still in the hospital with third degree burns from the oil.

Police believe that the armed intruders may be acquaintances of one of the children’s uncles. The investigation is still under way. This horrific intrusion and torture is very hard to read about. You can read more about this crime and the investigation at Mom, Children Tortured In Palm Bay Home.

Thousands of reports of abuse coming in on the Florida Department of Children and Families abuse hotline are being rejected or ignored, thanks to a little known new screening practice recently undertaken by the department. Child welfare managers in Broward County, Florida, brought the new screening rules to light during a routine practice review.

The new screening procedures were put into effect to ease the burden on the overwhelmed child welfare system. The Department of Children and Families calls the new practice “necessary triage” that allows them to focus on the most at-risk children. They point to a number of frivolous complaints filed, but reports of abuse, kidnapping, rape, child abuse, neglect and domestic violence are now being routinely being labeled as “unworthy of investigation” as well. A spokesperson for the department said the new rules are a work in progress, which the department will continue to refine.

One of the new policies that was leaked to the press includes a revision of guidelines on what is considered abuse, and includes a directive to reject complaints about signs of a beating unless the child was taken to a doctor or the hospital or was permanently disfigured. This would basically rule out any signs of abuse reported by childcare workers. Child advocates are up in arms over what they call a “dangerous shortcut” that will leave many children at risk. A one year old child, Bryce Barros, has already fallen victim to the new rules; he was beaten to death by a family member even after a Broward County domestic violence judge contacted the hotline on three separate occasions on behalf of the child.

The economic downturn is being blamed for a large part of the problem; stress and loss of income within families has put more children at risk, just as funding for the Department of Children and Families is being cut by the state. An increase in frivolous complaints lodged by child care workers afraid of being prosecuted for failure to report suspected abuse was also cited.

You can learn more about the new screening procedures at Cries for help to DCF hot line go unheeded by design.

In Fort Lauderdale (Broward County), Florida, Matthew Kent Sheley was sentenced to a 30 year prison term. He was charged with crimes related to child pornography and sexual battery on a child. According to a news story reported at the Florida Times Union, Sheley moved out of an apartment and left behind a VCR and some camcorder video tapes. This was the key evidence against Sheley. The tapes showed Sheley engaged in molestation acts with two young neighbor girls. As a result of the evidence against him, Mr. Sheley pleaded no contest to the charges. While justice is served with a long prison sentence for Mr. Sheley, it will not erase the horrible acts committed against these children. You can read more about this story at Broward County Man Sentenced to Prison Term for Child Pornography and Sex Abuse Charges.

In Florida and other States, children continue to be kidnapped and abducted every year. Because of their size, immaturity and at times poor judgment, children are often times easy victims for those intent on abducting and harming children. Gary Belson is a security expert and a teacher who uses his knowledge and experience to teach children about kidnapping and safety. The case of Carlie Brucia is a teaching tool that Belson uses in the classroom to help teach the children about safety. Carlie Brucia was abducted at a car wash. A surveillance video captured the abduction. In the video, a man is showed holding Carlie's arm and leading her away. Belson instructs children on how Carlie may have been able to fight back and get out of this dangerous and ultimate deadly situation. Of course, the best safety measure is to stay out of dangerous situations and to have parental or adult supervision at all times possible. You can read more about this story at Jacksonville, Florida Elementary Students Get Lessons and Instructions Regarding Child Safety.

Juan Carlos Rivera, age 17, was stabbed to death in a South Florida high school hallway last September. At the time, not many details were released. Andy Rodriguez, age 17, has been arrested for the fatal stabbing, and police and prosecutors are now reporting more details of the crime.

According to prosecutors, Rodriguez took a knife to school because Rivera had given him a dirty look. Rodriguez told investigators that he and Rivera later bumped elbows in the hallway, prompting him to stab the other teen with a box cutter. In a video statement released by prosecutors, Rodriguez admitted that he stabbed Rivera in the side with the knife. The statement also included school surveillance tapes, witness transcripts, police reports, and the autopsy report on Rivera. According to the autopsy, Rivera was stabbed five times, including a fatal stab to his heart.

The surveillance tapes show Rodriguez running away from the scene in a bloody shirt. Rodriguez's attorney has stated that his client was threatened by Rivera and believes that his client has a solid self-defense claim. Rodriguez himself has no criminal history, but police records indicate that they have responded to domestic violence calls to his home on numerous occasions, at least one including a report of a knife fight including several family members. Rodriguez has been charged with second-degree murder, and has pleaded not guilty.

It is very sad that a young person's life was cut short due to senseless violence. Teens settling matters with fists, knives, and / or guns has become all too common in our schools. When children have a problem at school or with others, it is vital that they feel comfortable to seek advice from parents, elders, and mentors. Revenge for a dirty look is not worth the loss of a teen's life, or the consequences to be paid by the guilty party. Read more about this tragic teen stabbing at Police release statements in school stabbing case.

Two male sixteen year old students at Norland Senior High School in Miami Gardens, Florida, got into an argument in their classroom recently that ended with a stabbing. During the altercation, one of the students allegedly pulled out a hair comb and stabbed the other child. The victim was hospitalized at Joe DiMaggio Children’s Hospital in Hollywood, Florida. Neither of the students’ names has been released.

Another student who witnessed the fight reported that it was over who would get a certain seat in the classroom. He said that one boy stabbed the other in the head with a hair pick, drawing blood. The entire school was put on lockdown until the suspect could be arrested. He has been charged with aggravated battery.

It was barely two months ago that Juan Carlos Rivera, a seventeen year old high school student, was stabbed to death in Coral Gables (Miami), Florida. While these incidents are very disturbing, some good can come of them; they can serve as teaching tools for parents and educators to discuss problem resolution with children. Settling matters with violence is never the right answer. Someone will get hurt and the person striking out may face criminal charges. It is vital that children are taught to control their tempers and settle matters without violence.

Read the full news story at Student allegedly attacks classmate with hair comb.

WOFL Fox 35 News reported that a staff member with a Florida juvenile justice facility was arrested on charges of child abuse. Juveniles and other staff members were interviewed by the Marion County Sheriff's Office regarding this incident. It was reported that the staff member put a juvenile in a choke hold that resulted in the juvenile becoming unconscious. As with any other type of criminal matter, the accused staff member will be entitled to the services of a criminal defense attorney on this matter whether private or public defender. As part of the criminal investigation and proceedings, the accused staff member will have the opportunity to defend his actions if there is a viable defense or excuse for his conduct. Victims, including those juveniles in detention, have constitutional rights as well and should not be subjected to harm or injury while in detention, jail, or prison.

A judge recently imposed a sentence of life in prison to a man accused of shaking his 2 1/2 month old child to death. Ventrel Gammons was the father accused of the crime of first degree murder and aggravated child abuse. The incident, according to prosecutors and investigators, took place at the family home in May 2007. Mr. Gammons' attorney argued that there was no evidence to support that Gammons abused or harmed his child. While it was not detailed in the Florida Times Union article, it would appear that this case involved medical testimony and evidence regarding Shaken Baby Syndrome and the associated head / brain injuries involved in such a case.

Parents, day care providers, child care providers, family members, and babysitters should never ever shake an infant, toddler, or child for disciplinary purposes or play. It is well known that shaking a baby can cause irreversible brain injury and in many cases - wrongful death.

In Miami, Florida, Michael Brewer, age 15, is currently a patient at the University of Miami / Jackson Memorial Hospital Burn Center. Michael was the unfortunate victim of a crime committed by other teenagers. It was reported that Michael was covered with rubbing alcohol and then set afire by teens who thought that Michael was a "snitch" for reporting that another boy had stolen a bicycle. It was estimated that Michael suffered injuries from second / third degree burns to over 60 % of his body. He needs a ventilator to breathe and a special mattress and care to deal with these serious personal injuries.

This senseless criminal act of setting this child on fire will be dealt with through the Broward County Florida criminal justice system. The teens, who committed this crime, should be sentenced and serve time commensurate with the horrible nature and cowardice actions associated with the crime. You can read more about this story at Florida Teen Struggles with Major Burn Injuries from Criminal Acts of Other Teens.

In Gainesville, Florida, a babysitter (Davana Victoria Symonette - age 19) has been charged and arrested for child abuse. The charges stem from Ms. Symonette shaking a one year old boy that he was babysitting. The mother witnessed the careless and dangerous actions and contacted the police. According to a story posted at the Gainesville Sun newspaper website, Ms. Symonette texted the mother after the incident acknowledging the mother that what Ms. Symonette had done was wrong.

Shaken Baby Syndrome results form a small child being shaken by an adult. It is well known that babies and children will cry. Shaking children can cause serious injuries and deaths. Shaken baby incidents take place because caregivers and babysitters are ignorant of the effects of shaking a child. Yes, babysitting can be frustrating at times, but this frustration is by no means justification for shaking a child or harming a child.

According to the United States Bureau of Labor Statistics, nearly 62 million people volunteer at least one day a year. Those volunteering to work with the elderly, children or the disabled persons are likely to be screened for “red flags” in their criminal history, such as convictions for drugs, violent crimes, sex crimes and child abuse. The ability to use national criminal history checks to screen out volunteers with certain types of criminal records has been made possible by the National Child Protection Act, signed into law by President Bill Clinton in 1993.

In Florida, a state law requires schools to check volunteers against the sexual predator and offender database. A proposed law would also require youth sports organizations to check the backgrounds of coaches and referees. Some Florida volunteers who have been turned away from positions have hired a lawyer and plan to argue that the background checks violate their rights to privacy.

Checking someone’s background only costs few dollars. That seems like a small price to pay to be able to ensure parents and caregivers that their loved-ones will not be in the care of a person with a known or reported criminal history.

Read more about national laws and policies for criminal background checks on volunteers at Volunteers screened before working with children, elderly.

Pilar Rodgriguez was four years old when she disappeared while in a babysitter’s care over ten years ago. The babysitter, Melissa Cooper, took the child on a two-week vacation, which was approved by the child’s father, Marco Rodriguez. They failed to return the child after the two weeks were over, and Rodriguez notified the police. When questioned, Ms. Cooper initially reported that the child had met with a tragic accident, then later accused her boyfriend, Keith Wilson, of fatally beating the child. Wilson claims to have no knowledge of what became of the girl.

Pilar has never been found, but Southwest Florida Deputies and the Charlotte County, Florida Sheriff’s Office are still looking for clues in her disappearance. Officials recently performed a search that appeared to be aimed at finding the child’s body, calling in NecroSearch International, an organization that helps law enforcement agencies find hidden graves. The search was performed at the former home of Wilson. Charlotte County, Florida Sherriff, Bill Cameron, has stated that he will not close the case until Pilar is found and those responsible for her disappearance are brought to justice.

The tenacity that Sherriff Cameron is showing in this case is commendable. Parents should be very cautious about who they allow to take care of their children. In this case, just knowing and trusting the babysitter may not have been enough, as the vacation she took Pilar on included her boyfriend as well.

You can read more about the search for Pilar at New search for evidence in missing girl cold case.

In Daytona Beach, Florida, a teen was stabbed at an amphitheater over a fight involving text messages and a girlfriend. As a result of this meeting / fight, the teen, 16 year old Robin Munsch, died. Police charted Raymond North (age 23) with first degree murder and charged Carl Bech and Dallas Mobbs as accessories to this crime according to a story posted at the Orlando Sentinel and Florida Times Union websites. A young person's life was ended short due to senseless violence. News reports did not indicate very many details of the crime; however, it is clear that the senseless death and injuries could have been avoided. Settling matters with fists, knives, and / or guns is not a solution at all. When children have a problem at school or with others, it is vital that children seek advice from their parents, elders, and mentors. The best advice for this situation would have been to stay away from the amphitheater and let time pass over this matter. Neither a girlfriend, insult or pride are worth the loss of a teen's life.

In Florida and other States, probation offers and state authorities monitored the activities and residences of sex offenders / predators. There are real concerns when a sex offender / predator moves near a school or day care center. Parents and residents are becoming more sophisticated and aware of where sex offenders / predators are living. Some released convicts move into society without ever re-offending. While others are bound to and often times commit crimes against others and children over and over again. Parents are and should be concerned about where sex offenders / predators live. A group of residents in the Orlando area were concerned by the fact that sex offenders / predators lived in or near their neighborhood. As such, some parents have applied for a license to set up or build a day care center. The plan is to get the license approved and then to have law enforcement authorities come in and require sex offenders / predators to move into a different area. Will this plan work? Time will tell. While not attempting to defend sex offenders or predators at all, there is a real issue as follows:

Where should sex offenders / predators reside?

How do residency requirements / restriction laws hold up against home ownership rights and other civil rights of sex offenders / predators?

What is the role of the city, county, state with respect to these issues?

What laws are constitutional as to these issues?

You can read more about the efforts by Florida residents to set up a day care center to drive out sex offenders at Day Care Center Planned for Orlando Area Neighborhood.

Marvin Leigh Madkins is a relatively young man at the age of 29. He was recently sentenced to 50 years in prison for crimes involving trafficking young girls for sex acts. As such, Mr. Madkins may be old and gray by the time he is released from prison if he happens to outlive his prison sentence. United States District Judge Marcia Morales Howard issued the criminal sentence to Mr. Madkins. It was estimated that Mr. Madkins orchestrated over 100 acts of sexual assaults on children. Mr. Madkins horrible and selfish acts were at the expense at the health, safety, and welfare of these children. Undoubtedly, the children will be affected for years if not permanently from these horrendous acts. Hopefully, law enforcement officials and prosecutors continue to be successful in putting criminals like Mr. Madkins in prison where they belong. You can read more about this article at Child Sex Trafficker Sentenced to 50 Year Prison Term.