Florida Child Injury Lawyer Blog

In Orange County, Florida, a terrible crime was reported. Orange County Deputy Sheriff's reported that a 9 year old girl was raped by a 64 year old man at his Pine Hills apartment. The girl's family reported the rape to the sheriff's office who then proceeded to investigate the incident. The police report stated that the man (Maurice Smith) offered fruit to the girl and then invited the girl to his apartment. According to police, Mr. Smith admitted to the incident and to knowing the girl's age. Mr. Smith was charged with sexual battery and kidnapping charges. Mr. Smith will be entitled to be represented by a Florida criminal defense attorney or a Florida Assistant Public Defender.

The assault and attack on a little girl is certainly a heinous act that can and does result in serious criminal penalties and sentences. See Rape of 9 Year Old Girl Reported at Pine Hills Apartment Complex.

Many incidents of sexual assault and battery on a child go unreported. In the above case, the girl told her brother who then told his parents. Unfortunately, there are many people out there who prey on and victimize children.

Following the death of drum major Robert Champion, additional reports and incidents of hazing by FAMU band members have been reported. The Florida A & M Marching 100 is well known for its performances and style. Unfortunately, the FAMU Marching Band is now getting notoriety for hazing. The Tallahassee Police Department is investigating a report of battery on Bria Shante Hunter - an 18 year old student. It was reported by Atlanta's WXIA-TV that Bria had suffered a fractured thigh bone and an injured knee. See Tallahassee Florida Police Investigate Another Case of Hazing.

Membership on teams and organizations like bands, football teams, clubs, and fraternities have formal requirements like grades, background checks, etc. . . There are also "informal" requirements that are built on tradition. These "informal" requirements often times come in the form of ritualistic and systematic acts of hazing. Whether the acts of hazing come in the form of humiliation, binge drinking, physical abuse, isolation or anything else - hazing can be and is harmful to the victim. Just because something is a "tradition" of sorts does not make it right. With respect to the FAMU Marching 100, it will be interesting to see the reports of hazing that come to light in the wake of the death of Robert Champion. Policies against hazing are one thing; however, policies without consistent enforcement and oversight are worthless.

In Jacksonville, Florida and other cities in Florida, teens are at risks for serious personal injuries when they go out, are at parties, and, yes when they date. The Duval County School System is following a new State of Florida mandate that requires school districts to inform and educate teens about what is safe and healthy dating habits and relationships. Some critics of this State mandate state that it takes time and money away from other more basic academic tasks of a school system. Others believe that the education and information are vital to the safety of teens. Unfortunately, many Florida teens are victims of dating violence. While it is unrealistic to believe that all violence can be eliminated, education and information hopefully will result in the prevention or reduction of dating violence. The physical and / or emotional injuries from dating violence can last a lifetime. See Duval Schools Work to Educate Teens About Safe Dating.

A Winter Park high school student was arrested following a fight at Lake Howell High School. A 17 year old male student was arrested and charged with aggravated battery. According to witnesses, a male and female student were arguing. The argument escalated in to a physical fight. The Sheriff's department reported that the male student pushed the female student to the ground causing her head to hit the concrete pavement. The female student was transported to the hospital by ambulance and treated for a head laceration.

Any type of school violence is unacceptable. Most schools have a zero tolerance policy when it comes to fighting and bullying. Schools should be addressing violence through educational programing and curriculum development. Schools should provided students with not only academic support, but also emotional support. School guidance counselors can be helpful to students who are dealing with bullying or other violent situations. If your child is being threatened or feels unsafe at school, you should contact the school administration for some help and advice. When parents and school faculty work together, the community as a whole benefits. For more information on Fight at Lake Howell High School Leads to Personal Injuries and an Arrest.

In the Tampa Bay area of Florida, it was recently reported that an baby (9 months old) died while following serious personal injuries that the child received from being repeatedly dropped on a tiled floor. Criminal charges will be pursued for the death of this child against the babysitter - Joseph Kenneth Oliver, Jr. It was reported that Mr. Oliver dropped the baby on the floor out of frustration when the child was crying. Under Florida law, Mr. Oliver will be able to defend himself against the charges through the services of a Florida criminal defense attorney or the services of the Public Defender's Office. If the admissions as reported as admissible in the criminal case, it will be a tough case to defend against the criminal charges. See Baby Dropped On Tile Dies from Injuries - Criminal Prosecution of Babysitter.

It is quite tragic that a child died at such a young age. All caregivers including parents, babysitters, teachers, day care providers, grandparents, and others should realize that infants and children cry. It is a fact of life. The best way to handle a crying child is to remain calm and think through your actions. Never strike an infant or cause bodily harm to an infant for any reason. Whether the child is a perfect angel or cries all night, corporal punishment / physical violence is never ever the answer.

A 19-year-old Seminole County, Florida resident pled guilty to two counts of lewd and lascivious molestation of a child under the age of 12. According to reports, the 19-year-old, Matthew Neary, was sentenced six years in prison followed by two years of house-arrest and will be required to be registered as a sexual offender for the following twenty years. Neary, who has been diagnosed from Asperger's Syndrome and attention-deficit hyperactivity disorder (ADHD), was said to have lured two young girls into his parents' storage shed where he began to touch them inappropriately. Neary was arrested in September 2010 after the mother of one of the girls noticed Neary sitting next to her daughter, whose panties were around her ankles. The circuit judge presiding over the case, Marlene Alva, will impose sentencing in October 2011 after Neary undergoes a psychological evaluation and a separate investigation by the Florida Department of Corrections.

Neary is currently living with his parents in Culuota after being released on $50,000 bail. As part of his release, Judge Alva has ordered Neary to stay away from the children's school, school bus stop, and on Sunday the church that all three attended. Neary should consider himself very lucky with the sentence that he received. Along with being denied bail, he could have been sentenced to life in prison because the victims were so young – 6 to 8 years old.

People who suffer from Asperger's Syndrome have a variety of developmental disabilities that can vary widely. They include having difficulty interacting with others, forming friendships, moving clumsily and engaging in repetitive motions, such has hand wringing.

For more on this story, see 19-year-old agrees to six years in prison for child-sex abuse.

In July 2011, Dennis Brian Devlin was sentenced to a minimum of 15 years in Federal Prison for forcing a 13-year-old boy to participate in child pornography at the local Desert Inn Hotel in Daytona, FL. Devlin, a 57-year-old man, was working as the hotel manager of the Desert Inn in February when local authorities raided the hotel and found images of the child along with other evidence. Police report that Devlin was working with another man, 21-year-old Michael Ehmen, to lure the 13-year-old back to the hotel to perform the illicit acts. Ehmen pled guilty to the same charges as Devlin and was sentenced to 7 years in Federal Prison. U.S. District Court Judge John Antoon II also sentenced Ehmen to 15 months of house arrest, 20 years of probation and $6,000 in restitution to the victim.

The abuse, neglect, and exploitation of a child constitute reprehensible acts and should be punished to the full extent of the law. Tragically, many such acts in Florida and other States are under the radar of law enforcement and leave the victim to the whims of the sexual offender / predator. In some cases, the criminal is caught and punished so that the community is free of just one more predator/sex offender during the prison term.

To read more about this story, see Hotel Manager pleads guilty.

A former investigator for the Florida Department of Children and Families has resigned and pleaded guilty to official misconduct. The charge stemmed from a 2009 incident where the former investigator was suspected to falsified records and allowed the continued abuse of a 6-year-old boy. The Florida Department of Law Enforcement conducted an investigation of 28-year-old Qua Keita Anderson. FDLE investigators found that Anderson had falsified records while investigation a case of suspected child abuse in Duval County involving Karla Castillo, the child's mother, in July 2009. According Anderson's records, an interview was conducted with the child and child's father in 2009, by September the case was closed and no abuse was indicted. The family later moved to Highlands County where other abuse allegations were reported. A different DCF investigator investigated the abuse allegations and found a "failure to protect" and "physical abuse." The charge was pressed against Anderson in July 2010, she pleaded guilty on March 22 and was sentenced to six months probation and 50 hours community service. Anderson also resigned on January 14 in lieu of termination. For more please read Former DCF investigator pleads guilty to official misconduct after falsifying records.

The mother a former foster child has filed a law suit against the state and other child care providers who she believes is responsible for the alleged sexual abuse committed against her son. The lawsuit, filed in April 2011, accuses the Department of Children and Families and other local child care providers for allowing the abuse and failing to provide mental health treatment for the then 10-year-old boy of North Port, Florida, until he attempted suicide twice. The lawsuit also describes how the boy was moved to 11 different foster homes in an 18-month period. The boy, now 13-years-old, has been reunited with his mother since 2008. Among the various defendants are the Sarasota, Florida, YMCA and the local contractor for foster care services. For more read Mother files lawsuit alleging son was sexually abused while in state of Florida's care.

Not only do day care owners, providers or other child care employees have an affirmative duty to report any suspicions or allegations of child sex abuse, but doing so will get local law enforcement involved and stop any further acts abuse.

43-year-old Marshall Dale Cole IV, of Jacksonville, Florida, was sentenced to 35 years in prison in the death of his infant son. Cole was convicted in February 2011 of second-degree murder for shaking his infant son to death. 3-month-old Marcus was hospitalized in March 2009 and died a few days after his hospitalization. According to an investigation by the medical examiner, the baby had been shaken. Also, the arrest report stated Cole was alone with his infant son for at least 30 minutes before the child stopped breathing. For more read Jacksonville, FL father sentenced to 35 years in prison after death of 3-month-old son.

The safety and well being of a child under the care of a parent, friend, neighbor, teacher, or day care provider should take precedence over all other matters. Keep children safe and it should be repeated - never - ever shake a child.

In Florida, punishment and discipline was handed out to a toddler over potty training that ended the child's life. In Lakeland, Florida, the mother of the child (Ina Brown) recently pleaded no content to charges of aggravated manslaughter and aggravated child neglect. Polk County Florida prosecutors charged the stepfather with first degree murder and aggravated child abuse and neglect. Authorities report that Marcus Brown beat the toddler - Deondray Ashe - with a belt during potty training. See Lakeland, Florida - Polk County - Woman gets 10 years in Son's Fatal Beating.

Unfortunately, fear and physical punishment are utilized by parents, babysitters, and caregivers during potty training. Corporal punishment is cruel and unusual punishment especially for a 2 year old learning how to become potty trained.

Many parents use corporal punishment (the belt or the switch) because of the history behind such archaic and dangerous discipline. Just because a person was raised with a culture and environment of beatings and beltings does not mean that it should be perpetuated and passed on to the next generation. Some children do not suffer any serious injuries as a result of a beating or belting. This does not make it right and it also ignores the psychological damage that corporal punishment inflict upon the child. In addition, corporal punishment puts a child at risk for serious personal injuries and as illustrated by this news story - some child die as a result of corporal punishment.

In Florida, some Florida counties still permit corporal punishment in the school system as a form of discipline and punishment. It is interesting that a parent who paddles a child at home could get arrested yet a school system (the government) may be able to institute this barbaric and truly outdated form of punishment and get away with it. There was a recent story published in the Gainesville Sun newspaper and website about a 5 Year old boy who was paddled in Levy County, Florida. Unfortunately, paddling is still permitted by law in 27 Florida counties.

The reason that the 5 year old was paddled according to the story posted at the Gainesville Sun website was that the boy was rough housing or misbehaving with a friend. Florida schools are in place to teach and mentor our children. It is really disturbing that corporal punishment / paddling is still allowed in so many Florida school districts. The permissive use of corporal punishment puts Florida and its school system in a bad light and shows the need for reform. Florida schools should move away from archaic and ineffective forms of punishment and abuse of children. See Woman Protests Paddling of Her 5 Year Old Son in Levy County.

In Florida and other States, children are the unfortunate and tragic victims of child abuse. Often times, it is a trivial or minor incident that triggers the abuse. In Orange County, Florida, it was reported that a 3 year old child was beaten for wetting his pants. Orange County Sheriff officials and investigators believe that Noah Fake died as a result of blunt force trauma to his head which were findings from the autopsy. The mother (Robin Greinke) allegedly confessed to the attack. Both Greinke and her boyfriend - Steven Neil - have been charged with the crimes of first degree murder, aggravated child abuse, and child neglect. Each will be entitled to representation by a privateFlorida criminal defense attorney or by an assistant public defender.

One (among many) aggravating factors of the alleged crimes was the fact that the mother and boyfriend ate pizza and watched a movie after the attack. You can read more about this story at Deputies: Boy Beaten to Death After Wetting Pants.

A brutal beating took place on a school bus traveling to Twin Lakes Middle School in Duval County, Florida. While on her way to school, Lisa Wright's 15-year-old daughter was attacked after another student on the bus took her daughter's belongings. Wright said her daughter is now covered in bruises and described the bus ride as "a total nightmare." Wright stated one child was holding her daughter down while others were slamming her head against the window and reaching over seats and punching her daughter in the head. The incident report cites multiple witnesses to the attack and reveals that three girls and one boy were involved in the attack. Wright is actively pressing charges with the State Attorney's Office. In a released statement, the Duval County School Board said appropriate disciplinary action have been taken against the students involved with the bus beating. Wright is also upset with the bus driver by not intervening and stopping the attack. Durham Bus Company, owner of the school bus where the attacked occurred, has not commented on the incident. Wright stated her daughter sustained a severe concussion, whiplash, and suffered a seizure while on the bus. For more details see Brutal attack occurs on Twin Lakes Middle School school bus in Duval County, Florida.

Eleven high school students were arrested after a fight between dozens of students broke out at Northeast High School in Oakland Park in Broward County, Florida. All the students arrested were juveniles. The students were arrested on charges including disruption of a school function and battery; they were taken to Broward's Juvenile Assessment Center after their arrest. According to Marsy Smith, district spokeswoman, the fight broke out in a hallway near the cafeteria of the school around 9:20 a.m. The scuffle appeared to be over a cell phone. The school was not placed on lockdown and continued its regular schedule. Although the school did not comment on the incident, Smith stated the students will likely afce a 10-day school suspension. According to an article in the Miami Herald, this is not the first fight that resulted in students being arrested. In 2009, four people were arrested after students got into a fight at Charles Drew Middle School in Miami-Dade. Two adults and two students were arrested. In 2008, a lunchtime brawl broke out at Edison High School, also in Miami-Dadge, which lead to the arrest of 24 students. Also in 2008, seven students were arrested after a fight broke out outside of Dillard High School for the Performing Arts. There were not injuries or weapons involved in the most recent fight at Northeast High School. To read more on this story please see High school students arrested after fight breaks out at Northeast High School.

Luckily no one was injured in this school fight. The students arrested in this fight will not only face consequences academically, but also criminally. Victims of fighting or other types of battery have a right to go after their batterer for the harm inflicted upon them and the personal injuries they sustained.

State and private facilities for developmentally delayed children should be safe havens for the children where they are supervised for by professionals and child care providers acting in the best interest of the children. Unfortunately, some children are abused and neglect in these facilities in Florida and other states. It was reported that employees from O'Carroll Homes in Palatka (Putnam County) Florida burned a developmentally disabled child with an iron. Various agencies including the Palatka Police Department and the Florida Department of Children and Families investigated this incident. Five people were arrested regarding this incident. It was reported that one employee burned the child while another held the child's legs. You can read more about this story at Employees Charged with Crimes Involving a Developmentally Disabled Child Who Was Burned at the O'Carroll Homes Facility in Palatka Florida.

A 45-year-old man of DeLand, Florida was sentenced to 15 years in prison for raping a 12-year-old girl. Antonio Hernandez pleaded no contest to both charges of sexual battery and lewd and lascivious molestation. Hernandez was sentenced by Circuit Judge James Clayton to 15 years in prison, as well as 15 years of sexual offender probation after Hernandez's prison term is served. According to the investigators, the attack occurred while the child was walking near her home. Hernandez called the girl over and claimed he had some items that belonged to her inside his home and when the girl tried to leave, Hernandez attacked.

Rape is not only a physically violent crime, but also physically invasive and psychologically damaging to its victims. This man was charged with both criminal charges regarding the rape and sexual predator charges. Minors have rights just like adults. If you would like to read more on this story please read Man of DeLand, Florida sentenced to 15 years in prison after raping minor female.

A 6-year-old boy of Temple Terrace, Florida, was brutally stabbed by his own father while the child's family was setting off celebratory fireworks. According to authorities, the father, identified as Xavier Dequan Thomas Sr., 23, stabbed his son more than 20 times then threw the child's body over a 6-foot fence into a wooden area, leaving his son for dead. After stabbing his son, Xavier Jr., the father returned the party as if nothing had happened. Xavier Sr. was arrested shortly after the horrendous incident occurred and now faces a charge of attempted murder, according to jail records. The child sustained personal injuries to his back, check, neck and arms. Although his liver was lacerated, his personal injuries were described punctures which were non-life-threatening.

Family members describe the father as mentally ill. Xavier Sr., has been in and out of mental health facilities for years. On the day he attacked his son, Xavier Sr. asked his sister, Terenesha Thomas, to spend time alone with his child. Because Xavier Sr. seemed sincere, he was allowed alone time with his son. Approximately 30 minutes after the father-and-son duo walked off together, Xavier Sr. returned alone. Thomas went searching for the child but before deputies could find him, the child came staggering out of the wooded area where he was left for dead covered in blood - he identified his father as the attacker. If you would like to read more on this incident as well as a brief overview of the father's mental health history please see Father brutally stabs son more than 20 times in Temple Terrace, Florida.

In order to protect children from mentally unstable parents, children should be constantly supervised while visiting parents with such conditions. Having supervised visitation will allow a mentally disabled parent to see their child but also keep the child safe from harm's way.

A 7-month-old baby was recently shot with an assault rifle while staying at a Super 8 Motel on Youngman Circle in Jacksonville, Florida. The gun accidentally went off around 3 a.m., grazing the infant's chest and striking him in the arm. The boy's parents, Justin Satterfield, 25, and Brandy Purvis, 24, were allegedly arguing over the AK-47 when it accidentally fired. Both parents have been taken into custody and charged with child abuse. Satterfield was also charged with possession of a firearm by a convicted felon. The baby boy was taken to Shands Jacksonville Medical Center with non-life-threatening injuries. He was listed in serious but stable condition. If you would like to read more on this story please read Baby shot by assault rifle in Jacksonville, Florida hotel.

Both parents of this child are very fortunate the infant was not fatally injured. Having guns around children can be risky and highly dangerous. Also, in some instances it is illegal in the state of Florida for certain people to possess firearms, including but not limited to convicted felons and people with protective orders filed against them. If you do own a firearm, it is important to restrict a child's access to the weapon, doing so is live saving.

Jacksonville, Florida got some headlines recently for being the location of a bizarre and tragic death of a 3 month old toddler. The Florida Times Union newspaper reported that Alexandra Tobias (age 22) was playing Farmville when her 3 month old toddler (Dylan Lee) interrupted her play. For those unfamiliar with Farmville, it is a game played through Facebook. Farmville allows a person to build a farm and ask others in the Facebook community to help out by contributing animals, tools, and work towards tending to crops. It is a "make believe" game that people enjoy to play. Unfortunately, too much of anything can turn bad. A real life child should always take precedence to a "make believe" game and just about anything else out there. People playing online games or anything else need to keep things in perspective. Even if something bad happened with the Farmville farm, it just does not matter especially when considering the health, safety, welfare of a child or an other person for that matter.

It was reported that Alexandra Tobias pled guilty to the charges. She will be entitled to representation by a Florida criminal defense attorney or public defender as to the sentencing phase of the case. You can read more about this story at Jacksonville Florida Woman Kills Child for Interrupting Farmville Game.