Miami Accident Lawyer Blog

October 13, 2011

Broward County Teen Sexually Assaulted, Battered by Court-Appointed Youth Counselor; Charges Pending

MIAMI, FL— October 13, 2011 – Authorities from the Broward Sheriff’s Office (BSO) on Oct. 11 arrested and charged a former youth counselor after a teenage boy reported being assaulted, both physically and sexually, by him. According to information provided by NBC Miami, 44-year-old Raphael Castillo, who is being currently being detained in lieu of $20,000 bail, faces four counts of sexual assault and battery.

In a sworn statement on Oct. 11, the unidentified 17-year-old victim gave a detailed account of the explicit sexual advances and encounters involving his court-ordered youth counselor Raphael Castillo. At the time of the alleged assaults, Castillo worked at a Plantation-based non-profit organization that helps troubled adolescents and young adults. According to the non-profit behavioral health agency’s website, The Starting Place “provides therapeutic prevention, intervention programs, and rehabilitative and educational counseling for adolescents and their families in Broward County.”
Castillo was accused of engaging in conversations of a sexually explicit nature with the minor, as well as touching him inappropriately and ultimately having sex with him on Sept. 21 and Oct. 10, respectively. Both of those incidents seemed to have occurred after the alleged sexual assault victim had already completed the court-ordered counseling program. Reports stated that in the Oct. 10 incident, which took place in Castillo’s car, the former counselor had sexual intercourse with the teen in a Hollywood alleyway.

Castillo admitted to having sex with the 17-year-old and is being currently being detained on $20,000 bail. As investigations into the South Florida sexual assault case are ongoing, The Starting Place CEO Joel Kaufman maintained, “Our uppermost concern is for the client and his family and doing whatever we can to make sure they are receiving the assistance they need as they move through this process… If any parts of the allegations prove to be true, the actions would have been those of a rogue employee acting outside the normal course and scope of his employment and in a criminal manner.”

October 7, 2011

Miami Personal Injury Attorney News: Two Scuba Divers Abandoned By Charter Boat Off Key Biscayne

by Gerson & Schwartz, P.A.

MIAMI, FL—Two scuba divers found themselves treading open water approximately three miles off South Florida’s Key Biscayne, upon discovering that their charter boat abandoned them at sea on Oct. 2. According to information provided by the South Florida Sun-Sentinel, the two stranded men were rescued from the shark-ridden waters of the Atlantic a few hours later, when the occupants of a passing vessel noticed them.

Reports indicated a commercial dive boat was used to transport several scuba divers to a region of the Atlantic Ocean, about three miles off Key Biscayne on the afternoon of Sept. 2. Two men aboard the vessel, Paul Kline, of Texas, and Fernando Garcia Puerta, of Spain, swam to the surface after diving for some time, only to discover that the Big Com-Ocean charter boat had left them.

The two forgotten scuba divers were forced to tread water for over two hours before the crew of another boat pulled them from the ocean and transported them back to shore. According to victim Kline, “We were in shock… We could easily have died.”
Robert J. Arnove, owner of Miami-based RJ Diving Ventures Inc. (the charter boat’s operator) contended, “I do not know how the two divers got checked off without them being on the boat or who is to blame… We are still trying to figure that out while devising a further failsafe system to prevent this from ever happening again.”
While Arnove explained that divers are checked off on a roster as they climb back aboard the charter boat, Fort Lauderdale-based Underseas Sports owner Matt Stout told reporters, “I’ve been in this business for 23 years and I can remember just a couple of occasions of this happening… Normally, it’s a result of somebody not doing roll call properly.”
Officials from the U.S. Coast Guard (USCG) are expected to conduct a full investigation into the incident.

October 7, 2011

Tampa Boy, 16, Arrested in Connection With Alleged High School Rape Case

by Gerson & Schwartz, P.A.

MIAMI, FL— October 7, 2011 – A 16-year-old Tampa boy is facing sexual battery charges after a teenage girl reported having been raped by him in one of their high school’s bathrooms. Officials from the Tampa Police Department continue to investigate the alleged sexual attack, which occurred at Chamberlain High School on the morning of Oct. 3, as reported by WESH.

According to Laura McElroy, a Tampa PD spokeswoman, an unidentified 16-year-old girl told Chamberlain High School’s resource officer that a male student followed her down an empty hallway before shoving her into a bathroom and raping her on school property. The young victim claimed that the boy returned to class following the sexual assault, which occurred in close proximity to the school’s gym.

Although the teenage boy initially claimed he never touched the alleged rape victim, McElroy noted that the suspect’s story did not remain the same. Both of the suspect’s stories were said to be “inconsistent” with the victim’s version of what happened. The suspect’s assertions also appeared to contradict findings from the girl’s post-assault physical exam.

While the Tampa Police arrested the young rape suspect and charged him with sexual battery, investigations into the alleged high school rape case are ongoing.

October 6, 2011

Bethune-Cookman University Faces Lawsuit Over Alleged Gang Rape on Campus

by Gerson & Schwartz, P.A.

MIAMI, FL—October 6, 2011 – A former Bethune-Cookman University (BC-U) woman’s basketball player filed a lawsuit against the private Daytona Beach university, claiming the student, a freshman at the time, was raped by several members of the men’s basketball team. Pending litigation accuses the school of having insufficient campus security and failing to avert “the distribution of alcohol to minors,” the Daytona Beach News-Journal reported.

According to information provided, the 18-year-old plaintiff, who remained unidentified, reported being gang-raped in a vehicle owned by former Bethune-Cookman University basketball player C.J. Reed. The suit contends that on Dec. 5, 2010, Reed plied the underage woman with alcoholic beverages “in his white Mercedes-Benz while on the campus of Bethune-Cookman University.”
The plaintiff alleges that upon taking a couple sips of the drink, she “became incapacitated” and proceed to pass “in and out of consciousness in the back seat of his car.” She further claimed that Reed went on to pick up three unidentified BC-U basketball players, who raped her that night. It was not clear if the plaintiff underwent a medical examination to determine whether she’d been given the date rape drug prior to the alleged sex attack.

Although the lawsuit claims Reed was involved in the sexual attack, he has not faced any criminal charges, nor is he currently under investigation for the alleged gang rape. According to Daytona Beach Police Department (DBPD) Chief Mike Chitwood, although the alleged rape victim reported the attack, the accuser’s lack of a desire to take part in the investigation spurred police to suspend the probe.

While Bethune-Cookman University spokeswoman Meredith Rodriguez told reporters that the private university is indeed aware of the lawsuit, she would not comment on the pending litigation.

September 21, 2011

Miami Negligent Security Lawyer News: MPD Homicide Detectives Investigating Fatal Downtown Nightclub Shooting

by Gerson & Schwartz, P.A.

MIAMI, FL— September 21, 2011 – As homicide detectives from the Miami Police Department (MPD) continue to investigate a recent shooting that took place at a downtown Miami nightclub, resulting in one death and causing seven others to suffer injuries, the unidentified gunman remains at large. Following the deadly Miami shootout, both the victim’s family and the owner of a nearby dance club scrutinized Nocturnal Nightclub for its slack security protocols, according to information provided by the Miami Herald.

Reports indicated at least one unidentified gunman opened fire in a room on the packed second floor of Nocturnal Nightclub, located in Miami’s Park West Entertainment District, at approximately 3 a.m. on Sept. 18. Clubgoer Brandon Marquis McGhee was killed in the gunfire. While seven other clubgoers were also shot, their bullet wounds were not considered life threatening.

MPD investigators seem to be on the lookout for one gunman, though there remains a possibility that another personal may have also been involved. Furthermore, it was not clear if there was a premeditated motive behind the shooting, or if an argument, for instance, spurred the violence. Nevertheless, MPD Sgt Confesor Gonzalez contended, “We believe they knew each other.”
News reports also appeared to suggest that security procedures in place at the Miami nightspot were inadequate. The victim’s mother told reporters, “It was just shocking that he was shot inside… Where were the people to help and protect him? The security, somebody?”
FLouis Puig, the owner of nearby Club Space, issued a statement to the Miami Herald, in which he referred to Nocturnal Nightclub’s “security apparatus is the most lax in all of South Florida.” Puig also contended, “I warned Nocturnal’s owner, Glenn Kofman that someone would get killed if Nocturnal kept hosting “gangster” parties… I honestly feel drastic measures are needed at this point in order to guarantee the safety and security of our neighborhood, residents and patrons.”
As the search for the perpetrator continues, investigations into the deadly South Florida shooting are ongoing.

September 15, 2011

Miami Motorcycle Accident Lawyer News: Miami Teen Dead, Motorcyclist Critically Injured in Florida Turnpike Crash

by Gerson & Schwartz, P.A.

MIAMI, FL—An 18-year-old Miami girl was killed when the motorcycle she was riding on the back of collided with a car on the Florida Turnpike on the night of September 14. According to information provided by NBC Miami, the fatal motorcycle wreck, which also caused left the 21-year-old Miami man who was driving the bike to suffer critical injuries, occurred in Broward County at approximately 11:30 p.m.

Troopers from the Florida Highway Patrol (FHP) told reporters that Renzo P. D. Arrigo was behind the wheel of a Ford Taurus, traveling along the northbound lanes of Florida’s Turnpike in Broward, when his vehicle crashed violently into the back of a 2006 Yamaha, which was being operated by Yasciel Sanchez Sainz at the time.

Both Sainz and his female passenger, Idairis De La Cruz were ejected from the motorcycle on impact. While De La Cruz succumbed to her traumatic motorcycle accident injuries at the scene of the Florida Turnpike crash, Sainz was rushed to Hollywood-based Memorial Regional Hospital. The Miami motorcyclist was listed in critical condition upon transport. Arrigo, who sustained non-life threatening injuries in the South Florida collision, was also taken to the hospital for treatment.

While the cause of the car-motorcycle accident remained unclear, the Florida Highway Patrol was expected to conduct a full investigation. No charges appear to have been filed in connection with the Florida Turnpike crash as of yet.

According to statistics provided via the Fatality Analysis Reporting System (FARS), which was created by the National Highway Traffic Safety Administration (NHTSA), a total of 4,595 motorcycles were involved in fatal traffic accidents throughout the nation during the year 2009. Of those motorcycles, 431 were involved in fatal Florida crashes.

September 13, 2011

Miami Negligent Security News: Lauderdale Lakes Nightclub Shooting Results in 2 Deaths; 10 Additional Victims Hurt

by Gerson & Schwartz, P.A.

MIAMI, FL— September 13, 2011 – Officials from the Broward Sheriff’s Office appear to be investigating a deadly shooting that occurred at a well-known Lauderdale Lakes nightclub during the early hours of Sept. 8. According to information provided by the Miami Herald, two people, including a man who drew a firearm during an argument at the club, were killed, while 10 others suffered various injuries in the Broward shootout.

Reports indicated Vishna Beepot, a 26-year-old North Lauderdale man, pulled out his gun when an argument arose at the unspecified Lauderdale Lakes nightclub. Although an unidentified security guard also drew his firearm, demanding that Beepot put his down, Beepot refused to do so.

During the subsequent exchange of gunfire, both Beepot and another club-goer, 35-year-old Lauderdale Lakes resident Junior Lodge, suffered fatal gunshot wounds. Although the nightclub security guard managed to escape injury in the shootout, 10 additional shooting victims suffered unspecified injuries. The extent of their wounds remained unclear.

A full investigation into the double-fatal Lauderdale Lakes shooting was expected to be underway.

Over the weekend, a separate nightclub shooting in Palmetto, Florida also left two people dead. In that case, ABC Action News reports stated another 22 victims were hospitalized with various injuries. Although officials from the Palmetto Police Department have yet to make any arrests in connection with that particular shooting, Lt. Scott Tyler said .762 and .556 caliber ammunition was found at the scene, suggesting AK-47 and AR-15 rifles were likely used.

September 8, 2011

Miami Cruise Ship Injury Lawyer News: Princess Seaway Ferry Crew Members Rescue UK Woman Who Fell Overboard

by Gerson & Schwartz, P.A.

MIAMI, FL—Crew members aboard a U.K. ferry that was traveling through rough waves in the North Sea, approximately 20 miles off the coast of England’s North Yorkshire, rescued a 23-year-old female ship passenger who fell overboard on the night of Sept. 5. According to information provided by the Daily Mail, the Princess Seaway DFDS ferry was en route from North Shields to Ijmuiden in Holland when the ferryboat accident occurred.

Following the horrific ship accident, victim Jeni Anderson told reporters that although she could recall falling over the vessel’s railing, she was unsure of what caused her to do so. Anderson, who explained that she had been socializing and drinking with friends before the fall overboard, stated she had no memory of herself actually hitting the water.

Reports indicated the ship passenger spent approximately 30 minutes working hard to keep herself above the North Sea’s forceful waves before Princess Seaway crew members were able to rescue the distressed victim using the ship’s lifeboat. An RAF medical helicopter subsequently responded and transported the ship accident victim to Scarborough Hospital.

Amazingly, Anderson, who contended, “The captain said to them [her friends] that in 20 years he has never found anyone who has gone over and my chances were very slim of being found,” suffered serious bruises. She was released from the hospital within hours of her arrival.

“I remember there suddenly being people around me and light and I think that was when I was lifted up to the helicopter. I don’t remember the moment they found me… I do not think I can really put it into words how grateful I am to everybody involved, the Coastguard, the staff of the ferry, the RAF helicopter and the people in the hospital,” Anderson noted.

Not all people who fall overboard are as fortunate as Anderson, however. U.S. Coast Guard statists regarding watercraft accidents suggested 431 falls overboard were reported in 2008. Those incidents resulted in 188 boating deaths and also left an additional 257 accident victims suffering from various injuries. Statistics also suggest that the main cause of death related to boat accidents and wrecks is drowning. In 2008, recreational boat accidents resulted in 510 drowning deaths.

September 8, 2011

Miami Accident Attorney News: Wife Witnesses Out-of-Control Car Hit, Kill Husband at Doral Bus Stop

by Gerson & Schwartz, P.A.

MIAMI, FL— September 8, 2011 – One traffic fatality was reported following a horrific South Florida collision that occurred in close proximity to the Miami International Mall in Doral on the night of Sept. 6. Although the cause of the fatal car accident remained unclear, NBC Miami reports indicated a 67-year-old male pedestrian was sitting on a bus stop bench with his wife when a vehicle careened off the roadway and struck him.

Reports stated Michelle Soto, 42, was driving her Ford Mustang along Northwest 107 Avenue when it went out of control in the 1400 block for unknown reasons. It was approximately 9:45 p.m. when the vehicle swerved off the road and crashed into Giraldo Lopez, 67, as he sat on a bus stop bench with his wife, whose name was not released.

While Mrs. Lopez was able to avoid being struck by the out-of-control car, her husband succumbed to his severe injuries at the scene of the bus stop crash.

According to Roy Rutland, of the Miami-Dade Police Department (MDPD), “It’s an absolute tragedy, we have a wife that actually witnessed her husband get struck and killed while she was seated directly next to him… It’s a really sad case.” It was not clear if Soto sustained any wounds in the car crash.

Toxicology results are pending as a full investigation into the deadly Miami-area pedestrian accident appears to be underway.

September 6, 2011

Miami Car Crash Lawyer News: Keys Accident Results in Driver Death, 2 Pedestrian Fatalities

by Gerson & Schwartz, P.A.

MIAMI, FL— September 05, 2011 – A driver and two pedestrians were killed in a violent South Florida collision that occurred along U.S. Route 1 in the Florida Keys. According to the Sun Sentinel, the triple-fatality pedestrian accident occurred in close proximity to Key West in Monroe County, Fla. during the early hours of Sept. 5.

Reports indicated an unidentified driver from Key West was behind the wheel of his/her vehicle when it careened off of U.S. 1 at Mile Marker 5 and slammed into two unidentified pedestrians. The deadly Florida pedestrian accident occurred at approximately 3:30 a.m.

Both the driver and the two male pedestrians, whom Florida Highway Patrol (FHP) Trooper Nelvys Hernandez said appeared to be homeless, were killed in the Keys accident. There did not appear to be any additional accident victims involved in the U.S. 1 crash, which likely remains under investigation.

According to statistical data included in Transportation for America’s 2011 Dangerous by Design study, Florida accidents claimed the lives of 5,163 pedestrians between the years 2000 and 2009. Crashes and accidents in the South Florida metropolitan area (Miami–Fort Lauderdale–Pompano Beach, FL metro area) resulted in 1,555 of those pedestrian deaths. Based on traffic statistics, Florida is the most hazardous state for both walkers and cyclists.