Law in the News Archives

Man Charged with DUI Manslaughter After Hitting and Killing a Pedestrian in Tampa’s SoHo District

[Pinellas County Sheriff’s Office]

In one second, everything changed for two men in Tampa’s popular SoHo district. A man lost his life and another now faces serious criminal charges. What happened, and what consequences await the man charged with DUI manslaughter?

A Deadly Accident in SoHo

Tampa’s SoHo district, named for the street South Howard, is a popular nightlight area with a strip of bars and restaurants. It’s not uncommon for the street to be busy late at night when the bars close, as was the case in the early hours of October 22, 2024.

At around 2:45 a.m., a 35-year-old man was standing near the edge of the street. Another man, 27-year-old Pjeter Nesti Paci was pulling his Chevrolet pickup out of a plaza located at the 400 block of South Howard Avenue. Paci failed to come to a complete stop prior to entering the roadway, and he hit the man standing near the street, per reporting by the Tampa Bay Times.

Paci stopped his vehicle and stayed on the scene. The injured man was taken to the hospital where he later died from his injuries.

Now, Paci is facing serious charges for the accident. On November 1, 2024, Paci was arrested and charged with DUI manslaughter.

Facing DUI Charges

Paci is facing DUI charges. In Florida, a first-time DUI is typically classified as a misdemeanor and does not include minimum jail time. Most first-time DUI offenders will lose their driver’s license for 180 days to one year.

First-time DUI charges are escalated if:

The driver had a very high BAC
There was a passenger under 18
Property was damaged during the incident
Someone was injured or killed during the incident

Under Florida Statutes 316.193, a DUI resulting in death is a second-degree felony that comes with a mandatory prison sentence of four years. The maximum sentence is 15 years in prison and a $10,000 fine.

Because a man died during Paci’s DUI incident, he faces more serious charges.

Facing DUI Manslaughter Charges

Paci’s charges were escalated to a DUI manslaughter charge.

In Florida, manslaughter is defined by Florida Statute 782.07 as “the killing of a human being by the act, procurement, or culpable negligence.” In a murder charge, one person intends to harm or kill another. In a manslaughter charge, there is no premeditation to harm or kill another. In manslaughter cases, the defendant has done one or more of the following:

Intentionally completed an act that led to the death of another person.
Persuaded or encouraged another person to complete an act that led to that person’s death.
Was culpably negligent which led to the death of another person.

Driving under the influence and harming another meets the criteria for intentional killing of another person. Manslaughter by culpable negligence is a second-degree felony that can result in 15 years in prison, 15 years of probation, and up to a $10,000 fine.

While a person can be charged with DUI or manslaughter as separate crimes, they become one charge when the crimes occur at the same time. Paci’s crimes were combined into one charge, DUI manslaughter.

Facing a Wrongful Death Lawsuit?

In addition to facing serious criminal charges, Paci could face additional legal action in civil court.

The family of the man who was killed could seek to sue for wrongful death. Wrongful death lawsuits are filed in cases where the negligence of a person or company led to the death of an individual. Families of the deceased can seek financial damages from the negligent party to cover:

Pre-death medical bills
Cost of funeral and burial
Loss of consortium or companionship
Emotional distress of surviving family
Loss of financial contribution

At this time, it does not seem that the family of the deceased has filed a wrongful death lawsuit against Paci. In Florida, the statute of limitations for wrongful death is two years from the date of death, so the family has time to determine if they will move forward with a civil case.

In the meantime, Paci will face serious criminal charges in court in Hillsborough County, Florida.

Talk to a DUI Criminal Defense Attorney

A DUI is a serious crime that can come with serious consequences. If you have been charged with DUI, do not take the situation lightly. Talk to an experienced DUI attorney right away. Make a plan for your case by talking to attorney TJ Grimaldi. Request your free consultation or call 813-226-1023 today to take the first step to protecting your rights and freedom.

November 18, 2024/0 Comments/by tjgrimaldi

Law in the News

Why Are the Menendez Brothers Being Resentenced?

(AP Photo/Nick Ut)

The Menendez brothers have served decades behind bars since being found guilty of killing their parents. Now, family members and legal authorities are requesting they be resentenced and possibly released.

What information has led to reconsidering this case and potentially giving the Menendez brothers their freedom?

A Murder in the Family

On August 20, 1989, entertainment executive Jose Menendez and his wife May Louise, known as “Kitty,” were killed. They were each shot multiple times at close range while sitting in the family room of their Beverly Hills mansion. Police were notified of the murder by the couple’s sons, Lyle and Erik who were 21 and 18 at the time.

The brothers told officers they arrived home to find their parents dead. The brothers were not immediately charged or seen as potential suspects, although their behavior in the wake of the deaths raised some eyebrows as the brothers began spending their inheritance on lavish items.

Everything changed when Judalon Smyth made a call to the cops. Smyth was the girlfriend of the brother’s psychologist, and she said she had audiotaped recordings of the brothers admitting to murdering their parents. Days later, the brothers were arrested and charged with first-degree murder.

Two Rounds of Trials

In California, first-degree murder is defined as an unlawful killing that is willful, deliberate, and premeditated. Authorities believed the brothers had an intentional plan to kill both of their parents.

The brothers faced their charges in separate trials in front of separate juries. In both cases, juries heard evidence that Lyle and Eric’s father abused them. Defense attorneys argued that the brothers killed their parents after years of sexual, physical, and emotional abuse. Their father was the perpetrator, and their mother knew about the abuse but failed to stop it.

In both trials, the jury could not make a verdict. Interviews after the case found that jurors were unable to agree on if the abuse justified the murders. Each case ended in a hung jury which meant the cases would need to be retried.

In a new trial, the brother’s cases were combined. One jury heard the case.

In the second trial, the jury did not hear about the abuse the brother faced. The judge in the case ruled that the brothers could not use the “abuse excuse.” In that case, the jury unanimously agreed that the brothers were guilty.

Erik and Lyle Menendez were sentenced to life in prison without parole.

A Case Reopened

The Menendez brothers, now 56 and 53, have served decades behind bars, but their future of spending their rest of their lives in jail might not be set in stone.

In October 2024, Los Angeles County District Attorney George Gascó recommended that their case be reexamined. Per the New York Times, Gascó says he believes the brothers should be resentenced with the possibility of parole after reviewing their case and considering the brothers ages at the time of the crime, the time served, and that they would be eligible for release under current law.

Gascó’s recommendation also comes in the wake of the release of two popular Netflix shows about the brothers and testimony from Roy Rosselló, a member of a boy band who worked with Jose Menendez and came forward to say he also experienced sexual abuse from Jose Menendez.

So, Will The Menendez Brothers Be Released?

The brothers’ future is still up in the air.

The Los Angeles County District Attorney must first make his recommendation to a judge. The judge must agree that the brothers should be resentenced at a hearing scheduled for December 11, 2024.

If the judge rules in their favor, the two men would then need to appear before a parole board who would decide if they should be released.

The parole board could determine that the brother should remain behind bars. The brothers could also remain in prison if Gascó loses reelection and his successor decides to withdraw the recommendation before the judge makes a decision.

Gascó has also requested clemency for the Menendez brothers from Governor Gavin Newsom, but Newsom has yet to say if he will grant it or not.

Finding a Good Criminal Defense Attorney

Any criminal case can seriously impact your life. If you have been charged with a misdemeanor or a felony, don’t take on the legal system on your own. Talk to an experienced criminal defense lawyer to protect your rights and get the best possible outcome for your case.

To discuss the details of your case, talk to experienced criminal defense attorney TJ Grimaldi. Request your consultation or call 813-226-1023 today.

November 5, 2024/0 Comments/by tjgrimaldi

Law in the News

Manslaughter Charges Filed in University of Tampa Newborn Death

(Phelan M. Ebenhack via AP)

When a newborn baby was found dead on a college campus in Tampa, there were many questions. Now, we have some answers. We know what led to the death of the infant, and the mother is being charged with manslaughter. What does it mean for her future?

A Tragic Incident at the University of Tampa

In April 2024, authorities were called to a dorm on the campus of the University of Tampa. Students heard what they thought was a baby crying. Police arrived on the scene and found blood in one of the bathrooms connected to two dorm rooms. A student, Brianna L. Moore, said the blood was from her menstruation. The call was deemed medical, and police left the scene.

Police returned when campus security called them the next day to report a possible deceased fetus in a bag in the trash. Police then found the remains of a dead newborn.

At that time, Moore shared the real story.

Moore said she didn’t know she was pregnant, although she thinks she was in denial. After not feeling well the previous day, she gave birth in the bathroom attached to her dorm room. She said the baby cried for about five seconds and then went quiet. She put her hand on the baby’s chest and didn’t feel anything. Moore said she cleaned the baby, wrapped it in a towel, and placed it in a trash can after it showed no signs of life.

Now, police are charging her for the crime.

An Illegal Act

Roughly six months after the baby was found, Moore was arrested and charged with aggravated manslaughter, child neglect, unlawful storage of human remains, and failure to report a death.

Moore admitted to placing the baby’s body in the trash container to police, but it took months for her to be officially charged. Hillsborough State Attorney Suzy Lopez said she struggled with the case.

According to reports by the Tampa Bay Times, Lopez sought input from “nationally known experts” to ensure they handled the case properly.

“This is a case that has kept me up at night,” she said during a news conference. “The bottom line, though, is this: Brianna Moore took actions that directly led to the death of this newborn baby girl. And in doing so, she broke the law.”

Evidence that led Lopez to file charges included a medical examiner’s report. The report said the baby had a broken spine, broken ribs, and bleeding in her lungs. The report said the cause of death was asphyxiation, and the manner of death was homicide.

The Consequences of Manslaughter

Moore was arrested in her home state of Mississippi, but she will face criminal charges in Florida. The extradition proceedings and her return to Hillsborough County could take weeks. When Moore returns to Florida, she will face serious charges.

Aggravated manslaughter is defined in Florida Statute 782.07(3). It refers to, “A person who causes the death of any person under the age of 18 by culpable negligence under s. 827.03(2)(b).”

Aggravated manslaughter is considered a homicide. It’s a first-degree felony punishable by up to life in prison, life on probation, and a $10,000 fine. The minimum punishment for the charge is 13 years in prison.

The Consequences of Child Neglect

Moore also faces charges of child neglect.

Child neglect is defined under Florida Statute 827.03 and refers to someone who, ”Knowingly or willfully abuses a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child.”

Child neglect that leads to serious bodily harm is a second-degree felony punishable by up to 15 years in prison or 15 years probation and a $10,000 fine.

Protecting Newborns

Florida’s Safe Haven law allows parents to anonymously give unwanted newborns to hospital staff or a fire station within 30 days after a birth. Expectant mothers who need resources can find help with The Crisis Center of Tampa Bay by calling 211, the Florida Department of Health at 850-245-4047 or The National Safe Haven Alliance Hotline at 888-510-2229.

Talk to an Attorney You Can Trust

When facing criminal charges, whether a misdemeanor or felony, make sure you have a trusted attorney by your side. Talk to an experienced criminal defense lawyer to protect your rights and get the best possible outcome for your case.

Request your consultation or call 813-226-1023 to talk to experienced criminal defense attorney TJ Grimaldi.

October 29, 2024/0 Comments/by tjgrimaldi

Law in the News

Hurricane Scams & Insurance Claims: How to Protect Yourself

Our thoughts are with the people impacted by Hurricanes Helene and Milton. Many areas around Tampa Bay and the Southeast have experienced severe damage and are in the rebuilding process.

To make sure you are safe and secure during this difficult time, we’re sharing advice for protecting yourself and your home in the aftermath of the storms.

Look Out for Scams

The recovery period after a disaster is a stressful time. Many malicious organizations and individuals use this time to prey on people who are frustrated, fatigued, and in immediate need. The Federal Trade Commission has warned about bad actors looking to exploit the situation by setting up scams and presenting themselves as organizations that are for good when they are really out to cash in on a bad situation.

To protect yourself, look for the following scams after a natural disaster.

Impersonators: From fake insurance companies to people pretending to be from FEMA, impersonators may contact those impacted by the storm and offer assistance. Do not immediately take the word of someone offering help. Always confirm that they are a part of the organization.

Phone Calls Soliciting Information: You may receive phone calls that request your personal information to offer assistance. Do not give out personal or insurance information on received calls unless you verify the caller. If needed, hang up and then, call the organization directly if they are requesting information over the phone.

Emails Soliciting Information or Providing Links: Bad actors may also send emails posing as recovery agencies and insurance companies. Do not provide information via email. Do not click on links in these emails either. Be critical of the email sender information. Verify any requests through official government websites or by calling the agency directly.

Charity Scams: Fake charities or organizations may solicit donations for hurricane relief. Only donate to well-known, established charities, and verify the legitimacy of lesser-known organizations through websites like Charity Navigator or the IRS Tax Exempt Organization Search. Be especially skeptical of campaigns on crowd-funding websites, as they are not verified charities.

Price Gouging: Vendors and contractors may inflate prices after a hurricane. Double-check pricing or get a second opinion before agreeing to contracted work, and report any pricing gouging on essential items like gas, water, or building materials to local consumer protection offices.

Contractor Fraud: Fraudulent contractors may offer repair services, demand payment upfront, and then either do substandard work or disappear without completing the job. Always verify the contractor’s license, check references, and avoid cash payments.

Paying for FEMA Services: FEMA does not require you to pay a fee to get disaster relief. Do not work with anyone who says they can help you qualify for relief from the Federal Emergency Management Agency (FEMA) for a fee.

Unusual Payment Methods: Scammers typically ask for non-traditional payment methods. Be skeptical of any organization or contractor who requests payment via wire transfer, gift card, cryptocurrency, or in cash.

If you are exposed to any of these scans, report the incidents to local law enforcement or the correct federal agency.

If you were injured by any of the scams, talk to an attorney right away who can help you go after the companies who caused you harm. You can fight the companies in civil court to receive financial compensation for damages.

Get What’s Owed To You by Insurance Companies

After a hurricane, you need to protect yourself from malicious individuals seeking personal gain after a storm. You also need to protect yourself from insurance companies seeking to minimize the payout owed to you after a storm.

Insurance companies often want to pay out as little as possible after a storm and will put homeowners in difficult positions throughout the claims process. If your insurance company engages in any of the following, talk to an attorney right away.

Delaying or Denying Claims: Some insurers delay processing claims by repeatedly requesting additional documentation or scheduling multiple inspections to pressure policyholders to accept lower settlements out of frustration or desperation. They may also push back and deny claims to drive lower settlements.

Lowball Estimates: Insurance companies may provide an initial estimate of damages that is significantly lower than the actual cost of repairs. They might rely on adjusters who downplay the extent of the damage or use outdated pricing models, forcing you to negotiate or prove the real costs.

Refusing to Pay for Full Rebuild or Restoration: Instead of paying for a complete repair or rebuild, insurers might suggest patchwork solutions that don’t fully restore the home to its pre-disaster state, leaving homeowners with additional costs.

Underpaying on Temporary Living Expenses: Depending on your policy, your insurance company may be required to pay for your living expenses if your home is unlivable due to damage. Some insurers may try to underpay or limit these benefits, arguing that certain costs are unnecessary or unreasonable.

If your insurance company is trying to avoid paying you what you are owed, contact TJ Grimaldi. TJ knows what insurance companies do to fight claims and how to approach cases to ensure injured parties get what is legally due to them.

Recover with an Attorney By Your Side

While the time after a disaster can feel daunting, there is help on the road to recovery.

We will get through this together. Our team is here to help you fight against malicious individuals and unfair organizations attempting to exploit homeowners during this delicate time. We won’t let them.

If you feel you have been taken advantage of by a scammer or deceitful insurance company, talk to attorney TJ Grimaldi right away. TJ knows how to fight for personal property and consumer rights, and he is here to fight for your best interests. Schedule a free consultation to share your story and see how TJ and our team can help. Request your consultation or call 813-226-1023 now.

October 22, 2024/0 Comments/by tjgrimaldi

Law in the News

Breaking Down The Federal Criminal Charges Against Sean “Diddy” Combs

(AP Photo/Jonathan Short)

For months, rumors about music mogul Sean “Diddy” Combs have been circulating. There were multiple reports that Combs would soon be charged with major federal crimes, and now, it has happened. Combs was finally arrested.

What are the charges against him, and what potential consequences does he face?

How Did We Get Here?

The first major sign that Sean “Diddy” Combs was in trouble with the law came on March 25, 2024, when federal agents with U.S. Homeland Security raided Combs’ homes in Los Angeles and Miami.

Prior to the raid, Combs had faced multiple civil charges accusing him of abuse, but the raid was the first sign that Combs was going to potentially face criminal charges.

During the raids, authorities seized 96 electronic devices. According to PBS, Assistant U.S. Attorney Emily Johnson called the information on the devices “extraordinary.” The files provided evidence used to charge Combs.

In June 2024, we reported that a grand jury was going to hear the allegations against Combs. During a grand jury hearing, the jury hears evidence against a defendant and determines whether there is sufficient evidence to file charges. In this case, the jury chose to proceed with charges against Combs.

Combs Arrested on Federal Criminal Charges

On September 16, 2024, Combs was arrested at a New York City hotel and charged with serious crimes the Justice Department says goes back decades.

The federal indictment alleges “that between 2008 and the present, Combs abused, threatened, and coerced women and others, and led a racketeering conspiracy that engaged in sex trafficking, forced labor, kidnapping, arson, bribery, and obstruction of justice, among other crimes.”

Damian Williams, U.S. attorney for the Southern District of New York, said that at least since 2008, “Combs abused, threatened and coerced victims to fulfill his sexual desires, protect his reputation, and conceal his conduct.”

Combs was officially charged with:

Racketeering Conspiracy: which is defined as criminal agreement between individuals to participate in or facilitate illegal activities, such as fraud, extortion, or bribery, as part of an organized group
Sex Trafficking: which is defined as exploiting others through force, fraud, or coercion for commercial sex acts or engaging in trafficking minors for sexual purposes
Transportation to Engage in Prostitution: which is defined as knowingly transporting individuals across state or international borders with the intent for them to engage in prostitution or other unlawful sexual activity

Many Civil Lawsuits Still Pending

The criminal charges come in the wake of numerous civil cases against Combs that allege abuse, sexual assault, and rape.

The civil cases include lawsuits filed by:

Joie Dickerson-Neal, alleging that Combs drugged and sexually assaulted her while she was a college student in 1991.
Liza Gardner who says Combs assaulted and raped her.
Producer Rodney “Lil Rod” Jones who says he was “subjected to unwanted advances by associates of Combs at his direction.”

Now, in addition to these cases, Combs may face even more civil charges.

Texas-based lawyer Tony Buzbee says he is representing 120 accusers who plan to file civil lawsuits across multiple states alleging crimes like sexual assault, rape, and sexual abuse of minors.

While the civil cases are serious, the cases don’t present the potential consequence of jail time for Combs. In a civil case, the punishment is tied to financial compensation. On the other hand, in criminal cases, the defendant may face jail time, probation, and fines.

What’s Next For Combs?

Combs has pleaded not guilty to the federal criminal charges against him and has been held in prison since his arraignment.

His lawyers have been trying to get Combs out on bail, but the judge in the case rejected a $50 million bail package that included a mandate for home detention and electronic monitoring. Two judges concluded that Combs would be a danger if released, per PBS News. Combs’ attorneys are continuing to fight to get him released while he awaits trial.

A trial date for the case has been set to begin on May 5, 2025.

Combs could attempt to settle the case out of court before the trial, or he could fight his case in front of a jury who will decide his fate.

If found guilty, Combs faces serious consequences. The maximum punishment for the charges include:

Racketeering Conspiracy: Up to twenty years in federal prison and fines up to $250,000
Sex Trafficking: From twenty years to life in federal prison
Transportation to Engage in Prostitution: Up to fifteen years in federal prison

Combs has maintained his innocence on all charges.

Talk to a Trusted Attorney

Do you have a civil or criminal case to discuss? Talk to an experienced attorney about the details of your situation. Schedule a free consultation with attorney TJ Grimaldi. Request your consultation or call 813-226-1023 now.

October 15, 2024/0 Comments/by tjgrimaldi

Law in the News

How Will Assets Be Split in Ben Affleck and Jennifer Lopez Divorce?

File Photo by: zz/KGC-502/STAR MAX/IPx 2023 3/27/23

A long, short love story has come to an end. Ben Affleck and Jennifer Lopez have officially filed for divorce more than twenty years after they first stepped out in public as a couple.

What will happen to their millions of dollars in assets now that they are officially splitting?

A Long, Short Love Story

The love story of Jennifer “J. Lo.” Lopez, 55, and Ben Affleck, 52, has been in the news for more than twenty years. The couple met in early 2002 while filming the movie Gigli. At that time, Lopez was married to her second husband, Cris Judd. She split from Judd shortly after meeting Affleck, and by November 2002, Affleck and Lopez were engaged.

At that time, the couple was at the center of a paparazzi frenzy, which they said impacted their relationship. They were to be married in September 2003, but they delayed the wedding and eventually separated in January 2004.

Then, decades later, the couple finally had their wedding. After reconnecting in April 2021, the couple eloped and was officially married on July 16, 2022. They held a marriage celebration with family and friends on August 20, 2022.

Exactly two years later, the twenty-year love story ended. Lopez filed for divorce on August 20, 2024.

The Start of the Divorce Process

On the two-year anniversary of their wedding celebration, Lopez officially filed for divorce. Since the couple resides in California, the case was filed in that state and will abide by its laws.

According to reporting by Cosmopolitan, Lopez did not ask for spousal support in the filing. She also asked the judge to deny support for Affleck. In the filing , Lopez wrote that the couple’s assets were “unknown” and that their official separation date was April 26, 2024.

Once divorce papers are served, the spouse who was served has twenty days to file an answer and determine whether they want to participate in mediation or court hearings to finalize the divorce.

Affleck and Lopez are reportedly working with high-powered divorce attorney Laura Wasser to mediate their divorce. The two stars reportedly didn’t sign a prenuptial agreement, so millions of dollars in assets are at stake in the divorce.

Splitting Up Millions in Assets

Under California family law, income and assets acquired during a marriage are considered joint property and are subject to division in divorce, unless there was a prenuptial agreement.

The millions of dollars that Lopez and Affleck earned during the years they were not married will not be considered in the divorce, but the assets acquired during their two years together will be.

According to People, in that time, they acquired a Beverly Hills mansion, which the couple listed for $68 million in July, and the couple has likely made millions through films and endorsements.

The couple does not have any children together so they won’t have to work out details related to child support and child custody, but they will have to determine how they will divide millions in assets.

How to Split Up Marital Assets

Without a prenuptial agreement, the law requires a fair and equitable division of marital assets in a divorce.

Marital assets are considered to be:

Assets acquired during the marriage
Some retirement benefits acquired during the marriage
The enhanced value and appreciation of non-marital assets
Gifts given during the marriage

Assets that are not considered to be marital assets include assets acquired before the marriage, through inheritance during the marriage, or through a non-spousal gift during the marriage.

Couples can work together through mediation to determine how they want to split their marital assets. If they cannot come to an agreement, a judge may get involved and determine how the assets should be split.

If a judge was to get involved, they would split up assets based on factors such as length of the marriage, economic conditions of each spouse, each spouse’s contribution to improving marital or non-marital assets, and wrongful conduct during the marriage, among other factors.

Celebrities often prefer mediation as it does not leave a public trail of legal documents that disclose personal information. Reports indicate that Affleck and Lopez are hoping to finalize their divorce through mediation and out of the court. But with millions of dollars at stake, it could be a long process.

Talk to an Experienced Divorce Attorney

A divorce can be stressful and difficult even when millions of dollars are not at stake. If you are going through a separation, talk to an experienced divorce attorney right away to determine the best path forward for you and your family.

Schedule a free consultation with divorce attorney TJ Grimaldi today. Schedule or call 813-226-1023 today.

October 1, 2024/0 Comments/by tjgrimaldi

Law in the News

What Charges Does The Man Who Attempted to Assassinate Donald Trump Face?

(Martin County Sheriff’s Office via AP)

For the second time in roughly two months, a man has seemingly made an assassination attempt on former President Donald J. Trump. The man didn’t fire any shots at Trump, so what charges does he face, and how serious are his crimes?

A Scary Day on the Golf Course

On September 15, 2024, former President and 2024 presidential candidate Donald J. Trump went out for a round of golf at Mar-a-Lago, his private club in Palm Beach, Florida, where he also lives.

The round of golf was not unusual as Trump frequently uses the course. The typical protocol for his golf outings includes shutting down part of the course and using U.S. Secret Service agents to search and secure the holes ahead of him, according to Associated Press.

On that day, as agents were a few holes ahead of Trump, they noticed the muzzle of an AK-style rifle sticking through shrubbery along the side of the course. The identified gun was about 400 to 500 yards from Trump.

An agent fired four to six shots at the area where the gun was visible. The bullets did not hit the gunman, and he fled the scene. When agents approached the scene, they found the gun, two backpacks, a scope, and a GoPro camera.

No shots were fired by the gunman, and he was later apprehended by law enforcement officials in a neighboring Florida county. The man was identified at 58-year-old Ryan Routh.

What Charges Does the Gunman Currently Face?

The incident comes after an assassination attempt on Trump that took place in July where the shooter fired shots, one that struck Trump. In that case, the shooter fired bullets that injured Trump and bystanders and killed a man attending the rally. The gunman, 20-year-old Thomas Matthew Crooks, was killed by the Secret Service.

In the more recent case, the gunman never fired shots, but he will still face serious criminal charges.

When Routh was arrested, he was immediately charged with possession of a firearm as a convicted felon and possession of a firearm with an obliterated serial number. The two firearm charges carry a combined maximum sentence of 20 years in prison, per reporting by USA Today.

Routh is currently being held on the two initial charges, which don’t require a grand jury to approve the indictment. On September 23, Routh was ordered to remain in jail without bond pending trial on the charges.

Investigators will take time to build out additional charges because they will need to convince a grand jury to move forward with an indictment. It’s common for authorities to initially charge an individual with lesser crimes to detain them and keep them in jail while they build out a case that includes more serious charges.

What Additional Charges Could the Gunman Face?

Routh could potentially face additional federal and state charges.

Florida Governor Ron DeSantis said the state of Florida is conducting its own investigation and could charge Routh with attempted murder, per NPR reporting. The charge carries a maximum penalty of life in prison.

U.S. Attorney General Merrick Garland has said the FBI is investigating, and the evidence would likely lead to additional charges of an assassination attempt, per CNN reporting. The federal crime carries a maximum sentence of life in prison.

Both cases would need to have evidence to prove Routh was attempting to kill Trump. Because Routh didn’t have a sight line on Trump and didn’t fire any shots, they will need to find additional proof that Routh was at the golf course with the intention to kill Trump.

Investigators will likely look into Routh’s history of political activism, travel to other countries, and content posted on social media to build their case. His statements could be used to show his mindset and intention.

U.S. Magistrate Judge Ryon McCabe said there is also written evidence that Routh planned to “stalk” Trump during a roughly month-long period in south Florida “in an apparent attempt to assassinate him.” Prosecutors also said they have a letter written by Routh that referenced an “assassination attempt.”

It is likely that Routh will be indicted on the additional federal charges once it is presented to a grand jury.

Do You Have a Case to Review?

Legal cases can be complicated. Whether a case is civil or criminal, each has many factors that could substantially impact the outcome of the case. If you are involved in a legal case, make sure you thoroughly review all sides of your situation.

To talk to an experienced attorney about the details of your case, schedule a free consultation with TJ Grimaldi today. Request your consultation or call 813-226-1023 now.

September 24, 2024/0 Comments/by tjgrimaldi

Law in the News

Parents of School Shooters Are Now Facing Consequences for Their Child’s Actions

(AP Photo/Brynn Anderson)

Since the Columbine school shooting in 1999, there have been more than 400 shootings in schools across America. One thing has recently changed about the outcomes of these terrible incidents. Parents are now facing serious consequences for the actions of their children.

Recently, there was a second case of a parent being charged with a crime after their child committed murder in their school.

A Tragedy in Georgia

Just a few weeks into the new school year, on September 4, 2024, 14-year-old Colt Gray got on the school bus with an AR-15 style rifle in his backpack. Colt Gray was a new student who enrolled at Apalachee High School, located in Winder, Georgia, on August 14, per reported by CNN.

Just a few hours later, Colt Gray used the gun to shoot his classmates and teachers.

Shortly before Colt Gray opened fire in the school, he sent a text message to his mom that read, “I’m sorry, mom.” Colt Gray’s mother called the school and asked administrators to check on her son. Reports show that the teen’s mom and grandfather then began traveling the 200 miles from their home in Fitzgerald, Georgia, to Winder.

After the call, a school resource officer went to find Colt Gray, but he got mixed up with another student with a similar name. Colt Gray had already excused himself from his classroom and was hiding in the bathroom before he came out and started shooting.

Two students and two teachers were killed, and nine other individuals were injured before the school resource officer was able to confront Colt Gray and take him into custody.

Colt Gray was charged as an adult with four counts of murder. He faces a maximum penalty of life in prison without parole.

Shooter’s Father Also Quickly Charged with Crimes

Just days after the shooting, another arrest was made. Colt Gray’s father, Colin Gray, 54, was charged with crimes tied to his son’s actions.

Colin Gray was charged with four counts of involuntary manslaughter, two counts of second-degree murder, and eight counts of cruelty to children, per reporting by CNN. The arrest warrant says Colin Gray caused the death of others by providing a firearm to his son while knowing he was a threat to himself and others.

It appears Colt Gray lived with his father, who is divorced from his mother. Colin Gray admitted to purchasing the gun for his son as a Christmas present. His purchase came after the Grays were contacted by authorities concerned that Colt Gray was connected to online school shooting threats. Despite being informed that his son was likely involved with the threats, Colin Gray purchased the gun for his son and failed to keep the gun secured in their house.

Not The First Case of a School Shooter’s Parents Charged with Serious Crimes

The charges against Colin Gray are not the first of its kind. Earlier this year, the first serious criminal convictions against the parents of a school shooter were made.

Jennifer and James Crumbley, parents of Ethan Crumbley, were found guilty on four counts of manslaughter after Ethan killed four students in Michigan.

Manslaughter is different from a murder charge. In a murder charge, a person commits a premeditated or planned act that leads to the death of another person. In a manslaughter charge, a person’s action or inaction inadvertently leads to the death of another person.

In the case of Ethan Crumbley’s parents, the inaction to remove a gun from their son’s possession and take signs of problems with their son’s mental health seriously led to their convictions. On the day Ethan Crumbley killed four people at his school, his parents were called to the school by administrators concerned about the teen’s mental health. The parents did not inform the school that their son had access to a firearm and failed to remove him from school that day.

Both of Ethan Crumbley’s parents were sentenced to ten to fifteen years in prison.

Other less serious charges have been filed against parents after their children committed crimes. Robert Crimo Jr. pleaded guilty to seven misdemeanor counts of reckless conduct and was sentenced to 60 days in jail, two years of probation, and 100 hours of public service, after his son killed seven people at a Fourth of July parade. Deja Taylor was sentenced to two years in prison for felony child neglect after her six-year-old took a gun from her home to school and proceeded to shoot and injure a teacher.

The more serious criminal charges against Ethan Crumbley’s parents and Colt Gray’s father could be a sign of more families being held responsible for children who commit horrible crimes as a result of lack of parental supervision and access to guns.

If you are involved in a legal case, whether it is a criminal or civil, talk to an attorney right away. Get your questions answered. Schedule your free call with TJ Grimaldi today. Request your consultation or call 813-226-1023.

Take a Stand Against Gun Violence

As the Executive Director and Board Member of The Oulson Family Foundation, TJ Grimaldi is an advocate for families who have been impacted by gun violence. The Oulson Family Foundation works to get families and children the resources and support they need in the wake of tragic shootings.

If you’d like to support children impacted by gun violence, we invite you to learn more about The Oulson Family Foundation and make a donation to help provide support that goes toward medical bills, counseling, and education.

September 16, 2024/0 Comments/by tjgrimaldi

Law in the News

Wrongful Death Case Almost Dismissed Because The Deceased Had Signed Up for Disney+

(Photo by Budrul Chukrut / SOPA Images/Sipa US, Sipa via AP Images)

Every day, millions of people sign up for services that require agreeing to terms and conditions. Most people don’t think twice about checking the box to say yes and sign on, but a recent case shows why terms and conditions can matter more than you think.

See how a man almost couldn’t sue Disney after his wife died at a Disney park restaurant, all because she signed up for a Disney+ trial subscription.

What Caused a Death at Disney?

In October 2023, Jeffery Piccolo, his mother, and his wife Kanokporn Tangsuan visited Disney Springs, a Disney-operated shopping center near Orlando, Florida.

The family stopped at Raglan Road Irish Pub for dinner. Tangsuan had a severe allergy to nuts and dairy products so the couple discussed the menu closely with their waiter. According to a lawsuit, the couple asked multiple questions about the menu, and the waiter went to ask the chef if certain foods could be made allergen-free. The waiter returned to the table and confirmed that menu items could be adjusted to accommodate Tangsuan’s allergies, according to reporting by the Associated Press.

When Tangsuan’s order of a vegan fritter, scallops, onion rings, and shepherd’s pie arrived at the table, it did not contain allergen-free flags. The couple again questioned the waiter about the safety of the food and were “guaranteed” the food was allergen-free.

After dinner, the group split up. Roughly 45 minutes later, Tangsuan walked into a Plant Hollywood and began having difficulty breathing. She collapsed to the floor and self-administered an epi-pen. Her family later tried to call her phone, and it was answered by someone who said Tangsuan had been taken to the hospital.

Tangsuan died at the hospital as a result of “anaphylaxis due to elevated levels of dairy and nuts in her system.”

In February, Tangsuan’s husband filed a wrongful death lawsuit against Walt Disney Parks and Resorts. The lawsuit accuses the company of negligence and seeks $50,000 in damages.

Disney’s Attempt to Dismiss the Case

In response to the lawsuit, Disney filed a notice asking the court to dismiss the lawsuit, citing a Terms of Use agreement that Tangsuan had agreed to when she signed up for a one-month trial subscription of Disney+ in 2019.

When users sign up for Disney+, they are asked to agree to a set of terms that include a binding arbitration clause.

“The first page of the Subscriber Agreement states, in all capital letters, that ‘any dispute between You and Us, Except for Small Claims, is subject to a class action waiver and must be resolved by individual binding arbitration’,” said Disney’s motion to dismiss.

Disney said the clause was cause to dismiss the case because Tangsuan had agreed not to sue Disney and that any dispute with the company would be settled at an arbitration, not in the court. In arbitration, two parties make their case in front of a neutral arbitrator who makes a binding decision or award.

If the case was sent to arbitration, it would stay out of the court system.

Case Goes Back to the Courts

Piccolo and his attorneys announced that they would continue their efforts to take Disney to court. “The notion that terms agreed to by a consumer when creating a Disney+ free trial account would forever bar that consumer’s right to a jury trial in any dispute with any Disney affiliate or subsidiary, is so outrageously unreasonable and unfair,” said Piccolo’s attorney, Brian Denney in a court filing.

Both sides were scheduled to argue the motion to dismiss on October 2, but Disney changed its course.

The news of Disney’s legal approach gained public attention, and the backlash may have been part of the reason why Disney withdrew its motion in August 2024. The company announced it would withdraw its motion to dismiss and quit its attempts to move the case to arbitration.

“At Disney, we strive to put humanity above all other considerations. With such unique circumstances as the ones in this case, we believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss,” said Josh D’Amaro, chairperson of Disney’s theme park division.

The case will now go through the normal court system and could possibly go to trial.

Talk to a Wrongful Death Attorney

If you lost a loved one due to negligence of another person or company, you deserve justice. Talk to an experienced wrongful death attorney who can help you determine a plan of action in your case. Schedule a free consultation with TJ Grimaldi to ensure you get the justice and damages you and your loved one deserve. Schedule your free consultation or call 813-226-1023

September 10, 2024/0 Comments/by tjgrimaldi

Law in the News

Why Were Five People Charged in Matthew Perry’s Death? What Did They Do?

Fans of the hit television show “Friends” were shocked to hear the news that Matthew Perry, the actor who played the beloved Chandler character, had died at the age of 54. At the time, the cause of his death was unknown. Now months later, we know what caused Perry’s death and who authorities believe are to blame.

Who are the five people charged in Perry’s death, and how did they contribute to his untimely passing?

What Happened to Matthew Perry?

On October 28, 2023, “Friends” star Matthew Perry was found floating face down in a hot tub at his Los Angeles home. Authorities were initially unsure of the cause of death, but an autopsy would later deliver answers.

According to the Los Angeles County Medical Examiner’s Office Perry died of “acute effects of ketamine.”

Perry had long suffered from drug and alcohol addiction. He documented his story of addiction and depression in an autobiography that was released in November 2022.

To treat his depression, Perry had been using ketamine. Ketamine is an anesthetic with psychedelic properties that can be used to treat depression in a controlled setting under the supervision of medical professionals. When used as a therapy, ketamine is distributed in small doses.

The amount of ketamine found in Perry’s blood at the time of his death was much higher. It was at a level that would be used during general anesthesia, and it was determined to be the cause of Perry’s death, as reported by The New York Times.

Now, authorities are charging the people who helped give Perry the lethal dose of the drug.

Who Was Charged?

Five individuals have been charged in federal court in California for their role in Perry’s death, according to a press release issued by the United States Attorney’s Office.

Dr. Salvador Plasencia, 42, also known as “Dr. P,” a physician at an urgent care center, was charged with one count of conspiracy to distribute ketamine.
Jasveen Sangha, known as the “The Ketamine Queen,” who maintained a ketamine “stash house,” was charged with one count of conspiracy to distribute ketamine, one count of maintaining a drug-involved premises, one count of possession with intent to distribute methamphetamine, one count of possession with intent to distribute ketamine, and five counts of distribution of ketamine.
Kenneth Iwamasa, Perry’s live-in personal assistant, was charged with one count of conspiracy to distribute ketamine causing death.
Erik Fleming, an acquaintance of Perry, was charged with one count of conspiracy to distribute ketamine causing death.
Dr. Mark Chavez, a former operator of a ketamine clinic, was charged with one count of conspiracy to distribute ketamine causing death.

How did authorities find five individuals to blame for the death of one person who was alone when he died?

What Did The Charged Individuals Do?

U.S. Attorney Martin Estrad says the five individuals knew they were helping Perry abuse ketamine and putting him in danger, but they continued to do it anyway.

“We are not talking about legitimate ketamine treatment,” Estrada said. “We’re talking about two doctors who abused the trust they had, abused their licenses to put another person’s life at risk.”

The press release by the U.S. Attorney’s office accuses two doctors and three others of taking advantage of and enabling Perry.

In September 2023, Plasencia learned Perry was interested in obtaining ketamine so he contacted Chavez, who was operating a ketamine clinic at the time. In a text to Chavez, Plasencia said, “I wonder how much this moron will pay.”

Plasencia began distributing ketamine to Perry and his assistant, Kenneth Iwamasa. The distribution was outside the normal course of professional practice. At one point, Plasencia taught Iwamasa how to inject Perry with ketamine. DEA Administrator Anne Milgram said the doctors were overcharging Perry. In one instance, Perry paid $2,000 for a vial of ketamine that cost one of the physicians about $12. In the two months before his death, Perry paid the doctors about $55,000 in cash.

In mid-October 2023, Iwamasa also began obtaining ketamine for Perry from Fleming and Sangha. Fleming would often pick up the ketamine from Sanha’s stash house and deliver it to Perry and Iwamasa.

Iwamasa was regularly injecting Perry with the drug. Iwamasa gave Perry at least 27 shots of ketamine in the five days leading up to his death and at least three shots on the day Perry died.

Three Guilty Pleas & Two Pending Cases

Three of the five individuals charged have already pleaded guilty to charges. Iwamasa and Fleming pled guilty. Iwamasa faces up to 15 years in prison. Fleming faces up to 25 years. Chavez agreed to a plea deal and faces up to 10 years in prison.

Plasencia and Sangha have pleaded not guilty.

If found guilty, Plasencia could face up to 120 years in prison. If found guilty, Sangha faces a mandatory minimum sentence of 10 years in federal prison and a statutory maximum sentence of life imprisonment.

Doors Open for Wrongful Death Case

A case under these circumstances could lead to a medical malpractice or wrongful death lawsuit. While no civil cases have been filed at this time, the evidence could lead to Perry’s family filing one or more lawsuits against the people named in the criminal charge.

Do you have a family member or loved one who was injured due to the negligence of a doctor or another party? Talk to a personal injury attorney about the details of your case immediately. Request your free consultation or call 813-226-1023 to review your story with attorney TJ Grimaldi today.

September 2, 2024/0 Comments/by tjgrimaldi

A Deadly Accident in SoHo

Facing DUI Charges

Facing DUI Manslaughter Charges

Facing a Wrongful Death Lawsuit?

Talk to a DUI Criminal Defense Attorney

A Murder in the Family

Two Rounds of Trials

A Case Reopened

So, Will The Menendez Brothers Be Released?

Finding a Good Criminal Defense Attorney

A Tragic Incident at the University of Tampa

An Illegal Act

The Consequences of Manslaughter

The Consequences of Child Neglect

Protecting Newborns

Talk to an Attorney You Can Trust

Look Out for Scams

Get What’s Owed To You by Insurance Companies

Recover with an Attorney By Your Side

How Did We Get Here?

Combs Arrested on Federal Criminal Charges

Many Civil Lawsuits Still Pending

What’s Next For Combs?

Talk to a Trusted Attorney

A Long, Short Love Story

The Start of the Divorce Process

Splitting Up Millions in Assets

How to Split Up Marital Assets

Talk to an Experienced Divorce Attorney

A Scary Day on the Golf Course

What Charges Does the Gunman Currently Face?

What Additional Charges Could the Gunman Face?

Do You Have a Case to Review?

A Tragedy in Georgia

Shooter’s Father Also Quickly Charged with Crimes

Not The First Case of a School Shooter’s Parents Charged with Serious Crimes

Take a Stand Against Gun Violence

What Caused a Death at Disney?

Disney’s Attempt to Dismiss the Case

Case Goes Back to the Courts

Talk to a Wrongful Death Attorney

What Happened to Matthew Perry?

Who Was Charged?

What Did The Charged Individuals Do?

Three Guilty Pleas & Two Pending Cases

Doors Open for Wrongful Death Case

Have Questions?