Miami Accident Lawyer Blog

October 7, 2011

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

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.

September 1, 2011

Miami Car Accident Lawyer News: Miami Driver Faces DUI Manslaughter, Vehicular Homicide Charges in 5-Fatality I-95 Crash

by Gerson & Schwartz, P.A.

MIAMI, FL—An arrest warrant has been issued for the Miami driver who was inebriated when he became involved in a violent 5-fatality crash that occurred on Interstate 95 in March 2011. According to information provided by the Miami Herald, 24-year-old Carlos Augusto Lacayo, the South Florida drunk driver charged with five counts of DUI manslaughter and vehicular homicide in connection with the fatal I-95 accident, could potentially serve up to 75 years in prison if he is convicted.

Lacayo was behind the wheel of a 2010 Honda Accord (which Miami-Dade court documents indicate belonged to his mother), traveling in the highway’s express lane, when his vehicle abruptly swerved onto the shoulder. Upon doing so, the Honda crashed through a concrete barrier and subsequently slammed into several Miami drivers and passengers who were situated on the shoulder. Those individuals were apparently awaiting the arrival of Miami-Dade Police officers following a previous minor accident with an immobilized vehicle at the time.

Reports indicated five of those Miami car accident victims lost their lives in the violent Florida I-95 accident. Authorities said four of the crash victims, whom were identified as 23-year-old Emerson Michael Kastenholz, 22-year-old Antuan Fernandez Perez, 57-year-old Evidia Rodriguez and 48-year-old Mirtha Queipo, were pronounced dead at the scene of the fatal highway crash. The last victim, 38-year-old Ana Belkis Gomez, was initially rushed to Jackson Memorial Hospital, though her injuries ultimately proved fatal five days later.

Lacayo was given a toxicology test four hours after the Miami wreck occurred, as he was receiving medical treatment for unspecified injuries. Toxicology results indicated Lacayo had a blood alcohol content level (BAC) of .127. Furthermore, the Miami driver reportedly told one of the Florida Highway Patrol (FHP) troopers who responded to the scene that he had consumed alcoholic beverages at a nightclub before the horrific I-95 car crash occurred.

Reports noted that accident victim Emerson Michael Kastenholz’s family filed a lawsuit, likely claiming wrongful death, in connection with the deadly South Florida collision. The pending litigation names both Carlos Augusto Lacayo and his mother, Claudia as defendants. The owner of the immobilized car involved in the first minor crash was also named as a defendant.

August 30, 2011

Miami Negligent Security Lawyer News: Man Robbed at Gunpoint Inside St. Augustine Premium Outlets Mall Restroom

by Gerson & Schwartz, P.A.

MIAMI, FL—August 30, 2011 – Authorities from the St. Johns County Sheriff’s Office (SJSO) are searching for the suspect involved in a recent armed robbery that took place at the St. Augustine Premium Outlets mall. The shopping mall attack occurred at approximately 2:30 p.m. on August 28, as reported by News4Jax.

According to the unidentified 40-year-old crime victim, a robber attempted to steal his wallet as he was drying his hands in one of the outlet mall’s restrooms. A physical fight reportedly broke out before the robber retrieved a firearm from his waistband and held it up to the victim’s head, allegedly stating, “I will (expletive) kill you and your kids outside.” The robbery victim then surrendered his wallet and the thief fled the scene with another unidentified man, who appeared to have been an accomplice in the mugging.

Speaking with St. Johns County investigators, the victim described the armed robbery suspect as an approximately 250-pound black man in his 40s. The robbery suspect, who was also said to be around 6 feet tall, apparently had short length hair and no facial hair. Authorities have released a composite sketch of the robber to the public and urge any witnesses or individuals with information concerning the mall robbery to contact Crime Stoppers at 888-277-TIPS.

The apparent robbery accomplice was described as an approximately 160-pound black man who appeared to be just over 6 feet tall. That suspect also had short length hair and no facial hair at the time. The Florida armed robbery victim told detectives that the suspect’s weapon appeared to be a black 9 mm semiautomatic Beretta handgun.

It was not clear if the offender left the mall by foot or by car, nor did reports mention if there was any surveillance footage of the suspect. Investigations into the case of armed theft were expected to be underway.