Florida Child Injury Lawyer Blog

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.

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.

In Florida and other States, people like to shoot off guns to bring in the New Year. Unfortunately, there are victims left in the path of these dangerous and grossly negligent celebrations. Of course, some shootings on New Year's Eve result from violent crimes as well. Whatever the specific circumstances, an innocent 6 year old child suffered personal injuries from a bullet on New Year's Eve. The incident took place in the Design District Area of Miami. The boy was taken to a local hospital by his parents for treatment of the gunshot wound to his stomach.

People should be more careful when handling guns especially when there are innocent children nearby. You can read more about this story at 6 Year Old Boy Shot in Miami on New Year's Eve.

In Florida and other States, homeowners have a right to bear arms. While there is a right to own gun, there are also responsibilities that go along with gun ownership. In particular, the gun should be stored in a safe and secure location away from the reach or access by young children. Furthermore, gun owners should take all necessary precautions to make sure that the gun is not fired in the home except for instances involving self defense. In South Florida (Cutler Ridge), a 14 year old girl was accidentally shot to death according to a story reported at the The Miami Herald Newspaper Website and the Florida Times Union Newspaper Website. The bullet hit the child in the head. The girl was transported by emergency helicopter to Miami Children's Hospital but rescue efforts were unsuccessful in saving her life.

Police detectives and crime scene specialists will investigate this incident to determine the following matters:

Was the gun registered?
What type of gun was involved in this incident?
Who was the registered owner of the gun?
Why was the gun being handled at the time of the shooting?
What safety devices were available on the gun?
Who last handled the gun prior to the shooting?
What was the child doing prior to the shooting?
Were there witnesses to the incident?

When a child visits a home, it is the responsibility of the homeowner to provide a safe and secure environment for the child. Tragically, incidents like these do happen and will continue to happen in the future. You can read more about this story at South Florida Teen Accidentally Shot in Head in South Florida (Cutler Ridge).

Adoption agencies placing children with Florida parents are reportedly required by the Florida Department of Children and Families to inquire if the potential parents keep guns or ammunition in their home. Recently, a Brevard County, Florida couple hired an attorney after they took exception to being asked that question. The lawyer called a lobbyist for the NRA, who decided to try to change Florida law to restrict adoption agencies from asking about gun ownership.

According to the NRA, gun registration is illegal in Florida, and any documentation about gun ownership by a government agency is basically the same thing as establishing a gun registry. Further, gun rights advocates say that requiring parents to disclose gun ownership is a violation of their privacy rights. Senator Thad Altman, R-Melbourne, is sponsoring a bill to make “unlawful” for an adoption agency to ask about gun ownership. The bill is expected to pass.

Whether the bill passes or not, parental supervision along with the proper storage and locking of guns is a necessary step for gun owners to take to prevent gun related injuries and deaths involving children. The death or injury of a child from an accidental shooting is a great loss, and can be prevented with some basic safety precautions.

Read more about this bill at NRA: Ban adoption agencies from asking about gun ownership.

Victor Steen, 17, of Pensacola, Florida, died after being run over by a police car while being chased on his bicycle. The incident began when Officer Jerald Ard saw the boy around 2 am in a construction site. When Steen fled the scene on his bicycle, Ard pursued him in his police car. During the chase, Ard attempted to stun the teenager with a taser. Some time during the chase, Steen crashed his bicycle in the path of the police car and was run over.

Even though it does not appear that Steen was stunned by the taser, the incident has raised interest from a national civil rights group, which advocates a national stun gun policy. The group, Southern Christian Leadership Conference, said that it will release a report in December that shows that 400 people have died from stun gun incidents. In response to concerns, the Pensacola police department changed its policy from “reasonable use” of stun guns to prohibiting shooting a stun gun from or at a moving vehicle.

Th Florida Highway Patrol and the Florida Department of Law Enforcement are investigating Steen’s death. Officer Ard has been placed on administrative duty. It will ultimately be up to the Florida attorney general to decide if charges will be filed in this case.

Find out more about this teen’s tragic death at Deadly chase brings new look at stun gun use.

People visit gun ranges as a safe way to fire guns / weapons in a secure and controlled environment. Unfortunate, incidents take place at gun ranges that cause serious personal injuries and, in some instances, death. In Lakeland (Polk County), Florida, a man from Ireland (Gary Flynn) suffered serious personal injuries when he was accidentally shot by a gun owned by Michael and Sherri Thourot of Tampa, Florida. The rights of a victim for injuries and damages suffered by such incidents will depend on the facts and actions / inactions of those involved or responsible for the gun fire. Many questions / issues arise in cases of this nature. In particular, it would be important to know the following:

What was the make and model of the gun involved?

What training / experience did the gun owners have with such a gun?

Did the gun malfunction in any manner?

Was the gun range set up in a manner that would help prevent or reduce incidents of this nature?

What were the policies and procedures of the gun range?

Did the gun range have video cameras set up that recorded the incident as well as actions / inactions that took place prior to the incident?

What statements were made to the gun range personnel and the police about the incident?

You can read more about this incident at Gun Mishap in Lakeland (Polk County), Florida.

In Keystone Heights, Florida, a 2 year old toddler Conner Keene) was recently shot in the stomach while a a home in the area. The Clay County Sheriff's Office officials believe that the shooting was accidental. Detectives, however, do not believe that Connor fire the gun which was a .22 caliber handgun. Conner underwent surgery at Shands - University of Florida. The child is expected to recover from these injuries. Clay County Sheriff's Office detectives will further investigate this matter to determine if any criminal charges would be filed. Issues or questions that may be addressed through the investigation may include the following:

Who is the registered owner of the gun?

Were there any safety precautions in place to keep the gun away from children?

Who fired the gun?

What did witnesses report as to the incident?

Who owned the home where the incident took place?

Is there homeowner's insurance coverage in place to cover the medical bills?

What adults, if any, were supervising the child and other children at the time of the incident?

You can read more about this story at Keystone Heights Toddler Shot Accidentally - Investigation Will Be Conducted as to the Shooting.

In Florida and Other States, BB Guns are used as weapons every day by children as well as adults. BB guns can cause serious person injuries to children including but not limited to eye injuries, facial injuries, bruising, welts, and other injuries.
In Palmetto, Florida, three people were arrested after a 6 year old boy was shot by a BB gun while riding a bicycle. The 6 year old victim was shot in his torso area between his waist and his underarm. Paramedics responded to the scene. Since there was a concern that a BB pellet or bullet may have entered the little boy's chest cavity, he was flown on an emergency basis to Bayfront Medical Center. The three criminal suspects all had BB guns as they were shooting at glass bottles. After the incident, some fled the scene and even tried to hid their weapons. Eventually, investigators were able to piece together the relevant facts and execute some arrests.

Whether a BB gun pellet or bullet hits a child by an intentional or an accidental shooting, it is still a dangerous situation that can lead to sometimes life threatening injuries. Parents should closely supervise their children if they have BB guns. Personally, my children will not be getting a BB gun as a present from me during any part of their lifetime. You can read more about the shooting of the 6 year old at BB Shooting Leads to 3 Arrests in Palmetto, Florida.

All parents, teachers, and students should know by now that a school is no place for weapons including but not limited to knives and guns. Of course, a 9 mm semi-automatic handgun should not be brought to school. The presence of this gun around children can be a recipe for danger, personal injuries, and wrongful death. A 6th grader went to his middle school in west Orlando with a 9 mm handgun. Officers were called to the school and went to the classroom where the student was attending class. The officer safely separated the student from his backpack where they located the gun. The student acknowledged that there was a stolen gun in his back pack. The school along with police responded in a manner that was swift and controlled. Fortunately, nobody was hurt by the presence of this dangerous gun on school premises. I commend the police and school officials for taking care of this situation for the protection and safety of the students including the one that brought the gun to school. You can read more about this story at West Orlando Middle School Student Arrested for Bringing Gun to School.

Mark Stockdale, age 43, resigned from his position with the Alachua County School District in Gainesville, Florida. Mr. Stockdale was on leave since February 2009 for bringing a loaded .22 caliber pistol / gun with him the classroom. The State Attorney reduced the charges from a third degree felony (possession of a firearm on school property) to a misdemeanor (carrying a concealed weapon).

There is a debate between gun rights supporters and child safety / educators as to the propriety and legality of teachers bringing guns to school. Some say that incidents like Columbine and Virginia Tech would not have occurred had teachers and students for that matter been armed themselves to take down the crazed and murderous gunmen. Others believe that guns should have no place on school grounds at all with the exception of allowing trained police officers have guns on school grounds.

You can read more about this story at Gainesville, Florida Teacher Who Brought Gun to School Resigns.

A bizarre and tragic incident recently took place at the Shooters Straight gun range in Altamonte Springs, Florida. Casselberry Police reported that Marie Moore, age 44, and her son, Mitchell Moore, were at the gun range. A video from the gun range showed that Ms. Moore walked up behind her son and shot him in the back of the head. She later put the gun in her mouth and pulled the trigger. According to family members, Ms. Moore had a history of mental illness.

You can read more about this story at Women Kills Herself and Her Son at Central Florida Gun Range.

In Orange Park (Clay County), Florida, a senior from Bartram Trail High School in St. Augustine (St. Johns County), Florida (Anthony Tyrone Lewis) was shot and killed with a handgun. His 15 year old stepbrother was found with the handgun. Anthony Tyrone Lewis was only 19 at the time of the incident. The State Attorney and the Orange Park (Florida) Police Department will conduct an investigation into the death of Anthony Tyrone Lewis. The story was reported in the Jacksonville Times Union at Bartram Trail High School Senior Shot in Orange Park.

It is tragic that a high school student died as a result of either gun violence or an accidental shooting. It is unclear from the news report as to how the shooting took place. This tragedy and others show the importance of gun safety especially when there are teenagers or children in the house. The State Attorney and Police will investigate the incident to determine the following:

Was the gun a legal firearm?

Who was the registered owner of the gun?

Was the gun properly secured prior to the incident?

How did the stepbrother gain access to the gun?

Did the owner of the gun know that teenagers could or would access the gun?

Was there negligence on the part of the gun owner or homeowner where the shooting took place?

The St. Petersburg (Florida) Police Department has reported that an arrest has been made in the shooting death of Paris Whitehead-Hamilton. Paris, who was 8 years old at the time of her death, was the unfortunate victim of a shooting. At the time of the shooting, Paris was sleeping in her home. Stephan Harper has been charged with first degree murder for firing a semi automatic weapon into Paris' home. News reports indicate that there may also have been others involved in this crime. The shooting resulting from an ongoing disagreement or feud with one of the adult occupants of the home. Further investigation through detectives discovered three assault weapons and two shotguns believed to be used to commit this crime.

You can read more about this article at Man Charged in Death of Girl Gunned Down in Her Home in St. Petersburg, Florida. <

In St. Petersburg, Florida, 8 year old - Paris Whitehead-Hamilton - was sleeping in her home when she was hit by bullets that were sprayed into the home. Paris was sleeping in the front end of the home at the time of the shooting. She was taken to the hospital and pronounced dead by doctors at the hospital a short time later. Police investigators believe that the shooting was one of retaliation and an investigation will be conducted into this matter.

Paris' life was certainly cut short by a senseless act of violence. Hopefully, the police will catch the shooters and anybody else associated with the shooting. Parents should be taking their 8 year olds to the park, school, birthday parties, and other places. . . parents should not have to bury their 8 year olds who are the unfortunate victims of a shooting.

You can read more about this story at 8 Year Old St. Petersburg Girl - Wrongful Death of Shooting While Sleeping in her Home.

Unfortunately, schools can be dangerous cases. There are incidents reported every day of students bringing guns and knives to school. Sometimes, it is the teacher that makes the school more dangerous. In Gainesville High School, Mark Stockdale, a teacher at Eastside High School, was arrested by the Alachua County Sheriff's Office for bringing two loaded guns to school. Police found a loaded Derringer in the teacher's pocket. A search of his car found a loaded .44 caliber revolver.

It is truly amazing that teachers commit these type of crimes and others. Teachers have a higher education but often times lack the common sense and good judgment that should go along with their positions of trust and responsibility. You can read more about this story at Gainesville Florida High School Teacher Arrested for Gun Possession at School.

Jason Gilmore, age 11, was the victim of an accidental shooting in Lake Worth, Florida. Jason and some friends were playing with a Glock 40 handgun that discharged. Another boy, age 9, was holding the gun when it fired. There were give other children and an 18 year old present when the incident took place in a home. The Glock 40 was actually a stolen weapon. The children apparently found the laser on the gun to be interesting and fun to play with.

The Glock 40 was obviously no toy at all. In the hands of anybody especially children, the Glock 40 is a deadly weapon.

Parental supervision along with the proper storage and locking of the gun may have prevented this tragedy from happening. The death of a child from an accidental shooting is a great loss for the family, child's school, neighborhood, and community. You can read more about this story at 11 Year Old Accidentally Shot by 9 Year Old in Lake Worth, Florida.

Eric Kisielewski, age 25, of Orange Springs, Florida was the unfortunate victim of a hunting accident in Hawthorne, Florida which is located near Gainesville, Florida. Apparently, Mr. Kisielewski was walking through some heavy brush with his hunting partner, William R. Goethe, of Ocala when Mr. Goethe's shot gun discharged and shot Mr. Kisielewski. At this, investigators believe that the shooting death was accidental. The incident will be further investigated by the Putnam County Sheriff's Office and the Florida Department of Law Enforcement. You can read more about this incident at Hunter Accidentally Shot and Killed in Hawthorne, Florida.

On January 17, 2008, Morris Stein was the victim of an apparent accidental shooting in Tallahassee, Florida. Robin Stein has many memories of her son and has made it a mission to educate others about the dangers of guns and the importance of gun safety. Robin Stein even started a foundation in the memory and spirit of her son called the Most Foundation located at www.themostfoundation.org. Gun safety and education are so vital according to Robin Stein. She believes that tragedies that the one involving her son can be avoided.

You can read more about this story and Robin Stein's mission to honor the spirit of her son at Mother Works to Make a Difference Following Gun Death of Son.

Another Florida child has died as a result of a gun shot. Miracle Johnson, age 10, was playing in a bedroom of her great-grandmother's house in Fort Meade, Florida when she was shot according to the Polk County Sheriff's Office. Apparently, an 11 year old cousin was the one who fired the gun. News stories did not provide many important details about this tragic incident including but not limited to the following:

Who was the registered owner of the gun?
What kind of gun was fired?
What kind of safety precautions (if any) were put in place for this gun?
How did an 11 year old boy get his hands on the gun?
Could anything have been done to prevent this tragedy?

Children lack the judgment and good common sense when it comes to danger. This is especially true when dealing with guns and firearms. You can read more about the shooting of Miracle Johnson at 10 Year Old Shot in Home - Polk County Sheriff's Office is Investigating Incident.