Two cars decided to see who was faster, and now, one woman is dead. What charges do one of the street racers face for causing a deadly crash?

Street Racing Causes Deadly Accident

Around 10:30 am on Monday, June 3, 2024, three cars were driving near the intersection of North Dale Mabry and West South Avenue in Tampa, Florida.

Two of the cars driving south on Dale Mabry began to speed up and engage in a race. The two cars sped down the road heading toward the intersection of West South Avenue just as a Nissan Versa pulled out in front of them. One of the racing cars, a 2011 BMW 335i driven by 22-year-old Andy Roya Robaina, slammed into the Versa.

The driver of the Versa, said to be in his early to mid-70s, was taken to the hospital in stable condition. His passenger, Linda Strickland, 63, did not survive the collision, per reporting from Fox News 13.

The other car engaged in street racing avoided the accident and fled the scene.

Robaina, the driver of the BMW, walked away from the accident with no injuries but with serious criminal charges.

Related: Injured in a Car Accident? Here’s What You Need to Do Right Away.

Charged with Vehicular Homicide

Robaina was arrested on the scene for vehicular homicide and unlawful racing on a highway.

Defined under Florida Statute 782.071, vehicular homicide is second-degree felony defined as the “killing of a human being, or the killing of an unborn child by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.”

It is a serious charge that carries the possible consequence of fifteen years in prison, fifteen years of probation, and a $10,000 fine.

Robaina was arrested at the scene and held in jail without bond due to a previous misdemeanor charge.

Related: What To Do After a Car Accident That’s Not Your Fault 

Charged with Unlawful Racing on a Highway

In addition to the felony vehicular homicide charge, Robaina was charged with unlawful racing on a highway.

Unlawful racing is defined in Florida Statute 316.191 as “the use of one or more motor vehicles in competition, arising from a challenge to demonstrate superiority of a motor vehicle or driver and the acceptance or competitive response to that challenge.”

Unlawful racing is a first-degree misdemeanor punishable by up to 365 days in jail, a fine of $500 to $1,000 for the first offense, and revocation of a driver’s license for one year.

Police are looking for the second driver involved in the race. If they find the driver, they may also charge them with unlawful racing. It is uncertain if the other driver would also be charged with vehicular homicide.

Street racing is a problem in the Tampa Bay area, and accidents leading to both unlawful racing charges and vehicular homicide have been previously covered on this blog.

Potential Wrongful Death Case

Robaina faces criminal charges that could lead to jail time, but there is also potential for him to face civil charges.

Strickland’s surviving family could choose to file a wrongful death case against Robaina. Wrongful death cases are a type of personal injury case that can be filed if the negligence of another party caused the death of an individual.

Wrongful death and negligence are outlined in Florida Statute Chapter 768. Under the law, gross negligence is defined as conduct “so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct.”

A wrongful death case could help the family receive compensation to cover the cost of:

• Funeral and burial
• Pre-death medical bills
• Loss of financial contribution and future wages
• Loss of consortium or companionship
• Emotional distress of surviving family

Families have up to two years to file a wrongful death case.

Related: How Do You Sue for Wrongful Death? 

Do You Have a Car Accident Case to Discuss?

If you or a loved one have been injured in a car accident due to the recklessness or negligence of another party, partner with an attorney who will fight for your best interests. Talk to an experienced personal injury attorney right away to get legal advice and guidance that can help you get what you deserve after an accident.

If you have a case to discuss, contact TJ Grimaldi today. All consultants with TJ are free, and you don’t pay anything unless you win your case and get what is due to you. Request your consultation or call 813-226-1023 today.

Just weeks after a shooting in Tampa’s popular SoHo district, shots rang out again. This time, two people were left dead.

What’s going on with gun violence in South Tampa, and who is behind the deadly acts?

Where Were the SoHo Shootings?

SoHo is a popular nightlife district in South Tampa. The name SoHo comes from South Howard Ave., the name of the street lined with bars and restaurants. The district is not known to be dangerous or crime-ridden, but in the last two months, there have been two shootings in the area.

Both shootings occurred near a plaza located on the 500 block of South Howard Ave. The plaza is home to fast-casual restaurants, including a Jimmy John’s and pizza shop, usually open late to cater to patrons leaving nearby bars.

Because the area is known to have large crowds, especially during the hours when bars begin to close down, Tampa police provide special crowd dispersal patrol in the area. The special patrol did not prevent two shootings from taking place in the last two months.

The April SoHo Shooting

In the early hours of Sunday, April 28, a fight reportedly broke out near the plaza. Police arrived at the scene around 2:30 am, according to reporting by Fox 13.

Video shows police arriving as a fight between multiple individuals is taking place. When police shine their flashlights on the group, they break up and run in different directions. That’s when you can hear as many as nine gunshots.

Police were able to identify the shooter. They arrested 29-year-old Kelvin Terry who told police he and his friends had been punched and he was the one who fired the shots.

No one was hit by any of the bullets, but Terry was arrested on charges of:

• Shooting at within or into a building
• Discharge firearm into public or residential property charge

Three other individuals were also arrested. Tomia Gay, 22; Derrick Hunter Jr., 21; and Santrice West, 22, were arrested and charged with one count of battery.

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps

The May SoHo Shooting

Just weeks later, in the early hours of Sunday, May 12, more gunshots rang out in SoHo. This incident turned deadly.

Police were patrolling near the 500 block of South Howard Ave. around 3:00 am when they heard gunshots, as reported by ABC Action News. Body cam footage captured the moment when police responded.

An investigation revealed that two groups of people were involved in an altercation that escalated. Three people were shot. Two men, Kenneth Washington, 28, and Kevon Christmas, 23, died from their injuries, while a third person was hospitalized with non-life-threatening injuries.

All three injured men knew each other, and no bystanders were injured.

While police were nearby when the shooting occurred, they were unable to apprehend the shooter or shooters. No one has been charged in the shooting as of late May 2024.

Shootings in Public Places Across Tampa

The two shootings in SoHo come after two other highly publicized shootings in busy public places in Tampa. In October 2023, a shooting in Ybor left 16 injured and two people dead, and in early April, four people were injured during a shooting at Armature Works.

All four of the recent shootings were triggered by arguments between two groups. Each event started with a fight that escalated into the use of firearms.

Prior to the shootings in SoHo, the Tampa Police Department had announced that it would begin implementing $1.5 million in federal grant money in an effort to reduce and prevent youth gun crimes. Police, businesses, and community leaders met after the second SoHo shooting to discuss potential solutions to the uptick in gun-related crimes. But, even with the additional police presence and cameras in the area, police are still struggling to curb the violence and identify perpetrators.

If you have been involved in a crime, talk to a criminal defense attorney right away. Discuss your case with attorney TJ Grimaldi today. All consultations are free. Request your consultation or call 813-226-1023.

Related: Misdemeanor vs Felony: What’s the Difference? 

Supporting Individuals Impacted by Gun Violence

TJ Grimaldi is an advocate for those impacted by gun violence. As a board member of The Oulson Family Foundation, TJ Grimaldi helps young people get the resources they need in the wake of being impacted by gun violence.

The Oulson Family Foundation was founded to honor the life and legacy of Chad Oulson, who lost his life to a senseless act of gun violence. Learn more about The Oulson Family Foundation and see how you can help support children impacted by gun violence.

For the first time in fifty years, the federal government is considering changing the way it labels marijuana. What is changing, and how would it impact people in Florida?

The Federal Proposal to Change Marijuana Classification

The potential change to the federal classification of marijuana started in October 2022 when President Joe Biden called for the Department of Health and Human Services to review federal marijuana laws.

While states across the country have legalized both medical and recreational use of marjuana, the federal government has not changed its stance on the drug in more than 50 years, per reporting by AP News. Since the Controlled Substances Act was enacted, marijuana has been classified as a Schedule I drug. As a Schedule I drug, marijuana is handled the same as heroin, meth, and LSD. The Schedule I designation indicates that it is a drug that has no medical use and a high potential for abuse.

Biden and other federal authorities believe marijuana should be reclassified as a less dangerous drug.

The Department of Health and Human Services has now recommended that marijuana be classified as a Schedule III drug. Schedule III drugs are considered drugs that have some medical benefits and are less likely to be abused. Schedule III drugs include ketamine, some anabolic steroids, and Tylenol with codeine.

So, will the reclassification happen?

Will The Recassificaion Happen?

The reclassification requires a lengthy regulatory process. The change won’t happen quickly, and it may not be resolved by the 2024 election.

So far, the opinion of the Department of Health and Human Services has been accepted by the U.S. Drug Enforcement Administration. Now, it must be reviewed by the White House Office of Management and Budget.

If approved, there would be a period of public comment and a review by an administrative judge. At that time, the change would then be signed by Attorney General Merrick Garland.

The process could be halted at any point if Congress decides to overturn the rule under the Congressional Review Act, according to NBC News.

The reclassification has a long way to go, but it could happen — and what if it does?

What Would Reclassification Change?

Reclassification of marijuana won’t necessarily create major changes in the federal criminal system.

Schedule III drugs are still seen as a controlled substance, and they are subject to federal rules and regulations. Under the reclassification, those who violate the rules could still be charged with federal crimes. It would still be against the law to traffic marijuana without permission, and the penalties for possession may not change. But at this time, few marijuana possession charges are brought at the federal level anyway. Most prosecutions happen at the state level and are based on state laws.

What could change is the way marijuana is treated by the medical community. Moving the drug to Schedule III could open the doors for more research into its medical benefits. This change could also pave the way for pharmaceutical companies to get involved with the sale and distribution of marijuana.

Another change could be in the public opinion of the drug. By reclassifying marijuana as a less dangerous drug, it may influence public votes as many states are voting on referendums to legalize marijuana in upcoming elections.

Finally, the reclassification could have some impact on those who distribute and sell marijuana in states where it is legal medically or recreationally. Those distributors may receive tax breaks that are currently not available to them.

So, does it change anything in Florida?

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps

Is Marijuana Legal In Florida?

Across the country, states have their own marijuana-related laws. Thirty-eight states have legalized medical marijuana, and 24 have legalized its recreational use.

In Florida, marijuana is legal for medical use, but it is still illegal for recreational use. 

You can face a misdemeanor charge for possession or sale of 20 grams or less of marijuana in Florida. It can result in a year in prison and a maximum fine of $1,000.

Possession and the sale of marijuana can also lead to felony charges in Florida. Depending on the charges, it can result in up to 30 years in prison and a maximum of $200,000 in fines.

Related: Misdemeanor vs Felony: What’s the Difference? 

Talk to a Drug Possession Attorney Today

In Florida, you can still be charged with marijuana drug possession. If you were fined or arrested, talk to a drug possession attorney right away.

An experienced attorney can help you fight the charges and potentially reduce the consequences in some cases. The sooner you start on your defense, the better your results will be. So don’t delay. Call criminal defense attorney TJ Grimaldi today. All consultations are free. Request your free consultation or call 813-226-1023 now.

Photo Via Armature Works Facebook Page 

Armature Works is a family-friendly gathering space, so what could have led to a shooting there in the late afternoon on a Tuesday? See what investigators have uncovered about this terrible shooting.

Shots Fired at Armature Works

Armature Works is a mixed-use space featuring a variety of restaurants, bars, and indoor and outdoor seating areas. It is family-friendly and accommodating to people of all ages, making it a popular place day and night. This is why it came as a surprise when gunshots rang out on the property on the afternoon of April 9, 2024.

Police were called to the 1900 block of North Ola Ave. in Tampa around 4 p.m. Gunshots were reported outside of the main Armature Works building in the areas near Stones Throw, a walk-up restaurant and bar located along the Hillsborough River.

When police arrived, they found three people had been shot. According to ABC Action News, the victims included a 47-year-old woman who was shot in the arm, a 28-year-old woman who was shot in the ankle, and a 36-year-old woman who was grazed by a bullet. Two of the victims were taken to a nearby hospital. The third received care at the scene.

None of the injured parties were seriously injured, and none were involved in the altercation that led to the shots fired. So, who was?

What Led Up to the Shooting?

Police believe they know what happened leading up to the gunshots. According to reporting by the Tampa Bay Times, two groups of teen boys, ages 13 to 19, were responsible. It started in the Armature Works bathrooms when a 13-year-old boy, who has not been named, is said to have thrown water on another boy, 17-year-old Gabriel Catuy. The two boys had a physical altercation which led to the younger boy going to get his older brother.

Video captured the boy leaving the area and later returning with his older brother, 19-year-old Jaimartez Young. The teens approached Catuy and his group of friends, and opened fire. In the video, Catuy and his group duck. Catuy is handed a gun, and he fires back at Young and his brother.

The shots hit the three victims who were not involved in the altercation, as well as the 13-year-old Authorities say a fourth person arrived at the hospital with non-life-threatening gunshot wounds, and it was Young’s brother.

Related: What to Ask During a Free Consultation with a Lawyer

Two Teen Arrests Made

On the day of the shooting, Catuy was arrested and charged with attempted murder in the second degree with a firearm and a felon in possession of a firearm.

Young turned himself in to authorities the day after the shooting. He was charged with attempted murder in the first-degree, premeditated discharge, possession of a firearm during the commission of a felony, and discharging a firearm in public.

Young’s attorney, Rick Escobar, says he will make this a case of self-defense. He recently told FOX 13, “I can tell you that certainly, it was not my client that was involved in the verbal altercation. But I can tell you certainly — that without question — my client’s little brother was attacked. Not only attacked but shot.”

It’s unclear if prosecutors and a jury will agree with Escobar’s assessment of the situation.

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps

Youth Gun Violence in Tampa

This shooting is a reminder of another incident between two groups of young people that led to shots fired in a crowded public place. In October 2023, a shooting in Ybor left 16 injured and two people dead.

In the wake of the two shootings, the Tampa Police Department will begin implementing $1.5 million in federal grant money in an effort to reduce and prevent youth gun crimes. Per WTSP, Tampa received a $1.5 federal grant from the Department of Justice in 2022. The money was allotted for the area to develop and implement a community violence intervention and prevention initiative. The money will now be used in part to curb the causes that lead to gun violence among young people.

Although both of the people involved in the Armature Works shooting are teenagers, it appears that they will both be charged as adults for their crimes. Both individuals are being charged with attempted murder which could have penalties from 25 to 15 years in prison.

If you have questions about a pending criminal case, schedule a call with TJ Grimaldi. Request your consultation or call 813-226-1023.

Support Individuals Impacted by Gun Violence

As a board member of The Oulson Family Foundation, TJ Grimaldi works to support young people impacted by gun violence. The Oulson Family Foundation helps children get the resources they need in the wake of being impacted by gun violence.

The foundation was founded to honor the life and legacy of Chad Oulson, whose life ended after a senseless act of gun violence. Learn more about The Oulson Family Foundation and see how you can help support children impacted by gun violence.

Band-Aids are often thought of as a healing agent. You put a sticky bandage over a cut or wound to start the healing process. However, a recent study says the common healthcare item may actually cause health problems instead of helping to fix them.

What did the study find? And what does it mean for consumers?

Organic Fluorine Found in 26 Popular Bandage Brands

Environmental Health News and Mamavation recently teamed up to test materials used in consumer bandage products. The groups tested 40 bandages that can be commonly found in leading drug and grocery stores.

The organizations sent the bandages to an EPA-certified lab and had them tested for detectable levels of organic fluorine, an indicator of the group of chemicals known as PFAS.

The study discovered organic fluorine in 26 of the tested bandages. Eighteen brands had bandages that tested positive for the substance.

The brands that included the highest levels of fluorine included Band-Aid, Care Science, Curad, CVS Health, Equate, First Honey, Rite Aid brand, Solimo (Amazon brand), and Up & Up (Target’s brand), according to reporting by The Daily Mail.

Related: Can a Man Actually Sue Taco Bell Over The Amount of Filling In Mexican Pizza?

What Are PFAs? Are They Dangerous?

Organic fluorine is a chemical which studies say can indicate the presence of PFAS. PFAS, short for per- and polyfluoroalkyl substances, are commonly referred to as “forever chemicals” and are said to be potentially dangerous to humans.

The detection of organic fluorine and the possible presence of PFAS on the adhesive portion of many bandages is concerning to some experts.

“Because bandages are placed upon open wounds, it’s troubling to learn that they may be also exposing children and adults to PFAS,” said Linda S. Birnbaum, scientist emeritus and former director of the National Institute of Environmental Health Sciences and National Toxicology Program and scholar at residence at Duke University.

When forever chemicals enter the bloodstream, they can lodge themselves within healthy tissue. Once in the tissue, the chemicals can damage the immune system as well as the liver, kidneys, and other organs.

According to the Environmental Protection Agency (EPA), exposure to certain levels of PFAS may lead to:

• Reproductive effects such as decreased fertility or increased high blood pressure in pregnant women.
• Developmental effects or delays in children, including low birth weight, accelerated puberty, bone variations, or behavioral changes.
• Increased risk of some cancers, including prostate, kidney, and testicular cancers.
• Reduced ability of the body’s immune system to fight infections, including reduced vaccine response.
• Interference with the body’s natural hormones.
• Increased cholesterol levels and/or risk of obesity.

The Centers for Disease Control and Prevention (CDC) is uncertain how PFAS affect humans, but they say studies on animals have found that PFAS affect reproduction, thyroid function, and immune systems and also cause liver damage.

What Does This Mean for Consumers?

Currently, there are no indications that consumers have experienced negative health effects from bandages. But if consumers start to come forward with signs of negative health outcomes after using the bandages, lawsuits could follow.

PFAs can be found in a variety of consumer products, and some companies are already paying the price for using them in their products. PFAS lawsuits have already been filed by municipalities and Attorney Generals.

In June 2023, 3M reached a $10.3 billion settlement to fund testing and clean up of PFAS they produced that may have contaminated public water supplies, as reported by the New York Times.

Consumer lawsuits could also follow the discovery of potential PFAs in bandages.

Related: Types of Personal Injury Cases: Do You Have a Claim?

What To Do If Sick or Injured by Consumer Products

Under product liability and product defect laws, consumers can seek damages from a company that made contaminated or defective products. If a consumer is injured by a product that did not include a proper warning, the consumer can sue for personal injury.

Consumer-led class action lawsuits have already been filed against some companies that are said to use PFAs in their products.

Thinx period underwear recently settled a $4 million class action lawsuit after BPAS were found in high quantities in their product, as reported by The Daily Mail.

If consumers feel they have been misled into using dangerous products or if they are found to have sustained an injury from using products such as bandages, many more lawsuits may follow.

Related: How to Prove Fault in Personal Injury Case

Discuss Your Consumer Product Liability Case

If you have been injured or experienced an illness due to the failure of a consumer product, help is available. A personal injury attorney experienced in product liability can help you get compensation for the damage caused by a toxic or defective product.

Talk to TJ Grimaldi today. All consultations are free, so share your story and see if you have a case worth fighting for. Schedule your consultation or call 813-226-1023 now.