John Kurtis Kyllo was arrested for being an Armed Forces deserter on July 21, 2016.
Bar-S Foods is recalling corn dogs and hot dogs
Bar-S Foods Company is recalling hot dogs and corn dogs made with chicken and pork that may be contaminated with Listeria monocytogenes,
Bar-S Foods is voluntarily recalling more than 350,000 pounds of corn dogs and hot dogs, which may be contaminated with Listeria monocytogenes.
According to the U.S. Department of Agriculture, no illnesses have been reported in association with any of the recalled products. The recalled products are limited to the products and code dates referenced below, and the company is recalling these products as a precautionary measure.
The products were made during a four-day window at a single manufacturing site. The company’s testing protocols suggested some products made during this short time frame have the potential to be contaminated.
Bar-S Foods is recalling the products as a precautionary measure and has asked its customers to remove the products from their inventory. Consumers who have these recalled products should return them to the store where they were purchased for a refund. Information about the recall is available by calling the Bar-S Foods Consumer Hotline at 1-888-965-6134.
Bar-S Foods says they have been producing quality products for over 34 years.
Representatives said the company has timely and diligently issued the recall to ensure proper customer notification and identification of the occurrence.
“We deeply regret the situation and inconvenience it may have caused.”
ONLY THE FOLLOWING 5 PRODUCTS ARE INCLUDED IN THIS RECALL:
Ofab Inc. CEO speaks out about the removal of crime prevention kiosks
Ocala, Florida — Following the July 17 removal of 147 crime prevention kiosks around Marion County, Ofab Inc. CEO, Lawrence R. Amyotte, spoke out about the issue.
In a July 15 article, Ocala Post wrote, “The exterior of the kiosks were manufactured by Ofab Inc., located at 1909 Northeast 25th Avenue, Ocala. [A] source alleges that Blair did not seek bids from multiple companies before contracting with Ofab, and that Blair also received kickbacks from the company.”
Tom McDermott, a Gainesville attorney who represents Amyotte and Ofab Inc. said, “Mr. Amyotte strongly denies the allegations that any kickbacks were given to [former] sheriff Blair or anyone else.”
McDermott also said of the 147 kiosks, 100 of them were put up for bid from other companies, which was the amount that was legally required.
“Ofab only sold 115 of the 147 kiosks to the sheriff’s office,” McDermott said. “The remaining 32 kiosks were sold to the sheriff’s office by Amyotte’s former business partner Steve Belford.”
Amyotte and Belford split as partners after a falling-out, and Bedford made a side deal with MCSO for the remaining 32 kiosks.
McDermott said, “We are extremely confident that once the investigation is complete, Ofab Inc. will be cleared of any wrongdoing.”
Two arrested after assault at Village Green Apartments, one on the run
Ocala, Florida — A maintenance worker is recovering from his injuries after he was attacked by three men on Monday.
Ocala police responded to Village Green Apartments, located at 500 Southwest 33 Avenue, after someone called 911 and reported a fight.
Upon arrival, Officer Kristen Whitston saw that a crowd had gathered in front of the apartment complex.
The victim’s son told police that he and his dad (the maintenance worker) heard bottles being broken on the road inside the complex.
When the maintenance man told the men to stop and pick up the glass, they refused. One suspect, who has not been identified, came toward the maintenance worker with a broken bottle and the two fought in the street.
Then, two other suspects, identified as Maximiliano Vasquez-Garcia, 20, and Melesio Lopez-Garcia, 21, came after the son. The father then came to his son’s rescue and intercepted the two men just as they grabbed his son.
According to reports, Melesio then armed himself with a box cutter and cut the father across his abdomen.
The son then grabbed a machete and, after helping his dad, held Maximiliano and Melesio until police arrived.
The third suspect fled the scene with injuries to his face.
Police said that Maximiliano and Melesio had no identification, barely spoke English, and were not cooperative.
OPD Public Information Officer Sgt. C. L. Barnes said she could not disclose whether or not the suspects were in the U.S. illegally. However, OPD did state that both suspects were both born in Mexico.
The son told investigators that he had to arm himself with a machete to get other people off of his dad.
Maximiliano and Melesio were arrested and charged with Aggravated Battery with a Deadly Weapon.
Anyone with information about this case is asked to contact the Ocala Police Department at 352-369-7000, Crime Stoppers at 368-STOP, or text 274637 using keyword 368-STOP. Tipsters can also visit www.ocalacrimestoppers.com. Anonymity is guaranteed
Former Sheriff’s kiosk program under investigation, removed from businesses
UPDATE: Ofab Inc. CEO speaks out about the removal of the crime prevention kiosks
Marion County – The kiosk program, which was created by former Sheriff Chris Blair in 2014, is under investigation by the State Attorney’s Office.
On Friday, May 20, 2016, the State Attorney’s Office for the Fifth Judicial District indicted Sheriff Chris Blair for two counts of Perjury in an official proceeding and one count of Official Misconduct. At that time, Florida Governor Rick Scott appointed the Attorney General’s Office Director of Division of Victim Services and Criminal Justice Programs Emery Gainey as the Interim Sheriff of the Marion County Sheriff’s Office.
According to MCSO, 147 of the crime prevention kiosks were removed from businesses.
A kiosk was also removed from the Ocala Police Department.
Ocala Post reached out to the State Attorney’s office, however officials would not release any information citing an active investigation.
Earlier this year, Ocala Post received information about the kiosk program from a source who wishes to remain unnamed out of fear of retaliation.
In the documents received by Ocala Post, the source alleges that an associate of Blair built an internal part of the kiosks. The source says that taxpayer money was used on the kiosks and that, Blair received kick-backs from the associate. In 2014, Blair said that no taxpayer money was used for the project. He stated that the money came from the Crime Prevention Fund, which is funded through fines and forfeiture.
The associate has not yet been named in the investigation.
The exterior of the kiosks were manufactured by Ofab INC., located at 1909 Northeast 25th Avenue, Ocala. The source alleges that Blair did not seek bids from multiple companies before contracting with Ofab and that, Blair also received kick-backs from the company.
Lawrence R. Amyotte, CEO of Ofab INC. was not available for comment at the time this article was published.
The SAO nor MCSO could comment on these allegations.
In addition to the kiosks, the documents state that Blair received approximately $100,000 from Reliance Petroleum Holdings, LLC, located at 1820 Southeast 18th Avenue, Ocala, as an incentive to switch fleet vehicles from gasoline to compressed natural gas (CNG).
Ocala Post spoke with Neil Patel from Reliance Petroleum, who said, “The accusations are completely false. Reliance Petroleum never gave money to anyone for the purpose of switching from gasoline to CNG.”
MCSO Assistant Public Information Officer, Lauren Lettelier, said that two computers were removed from the sheriff’s office by the SAO. Those computers belonged to Chief of Staff Fred LaTorre and Major Don Maines. It was not immediately clear if the computers had been removed in relation to the kiosk investigation. Those computers are expected to be returned to the sheriff’s office in the next few days.
In a statement released by MCSO, Sheriff Emery Gainey said, “As of Friday morning (7/15/16), the Marion County Sheriff’s Office removed all the crime prevention kiosks (147 in total) from businesses, public places and various other areas they were stationed in around Marion County. This decision was made as a result of information obtained from an on-going investigation currently being conducted by the State Attorney’s Office. No further information will be released in an effort to protect the pending-active investigation.”
The investigation is ongoing.
Mini NES Classic Edition system coming soon, pre-order avaialble
Play the system that started it all, remember your first Goomba stomp?
The NES Classic Edition system is a miniaturized version of the groundbreaking NES, originally released in 1985.
Just plug the NES Classic Edition into your TV, pick up that gray controller, and rediscover the joy of NES games.
Play NES games the way they’re meant to be played—with a full-size “original” controller.
The included NES Classic Controller can also be used with NES Virtual Console games on your Wii™ or Wii U™ console by connecting it to a Wii Remote™ controller.
With 2P, press START, gamers can share the fun with a friend.
Games like Pac-Man™, TECMO BOWL, and Dr. Mario™ are even better with a buddy. And you won’t have to fight over a controller.
Use your Classic Controller™ or Classic Controller Pro™ (sold separately), or buy a second NES Classic Controller.
The console is plug-and-play technology and features 30 of the best 8-bit retro games ever made.
Games:
- Balloon Fight™
- BUBBLE BOBBLE
- Castlevania™
- Castlevania II: Simon’s Quest™
- Donkey Kong™
- Donkey Kong Jr. ™
- DOUBLE DRAGON II: THE REVENGE
- Dr. Mario™
- Excitebike™
- FINAL FANTASY®
- Galaga™
- GHOSTS’N GOBLINS®
- GRADIUS™
- Ice Climber™
- Kid Icarus™
- Kirby’s Adventure™
- Mario Bros. ™
- MEGA MAN® 2
- Metroid™
- NINJA GAIDEN
- PAC-MAN™
- Punch-Out!! ™ Featuring Mr. Dream
- StarTropics™
- SUPER C™
- Super Mario Bros.™
- Super Mario Bros. ™ 2
- Super Mario Bros. ™ 3
- TECMO BOWL
- The Legend of Zelda™
- Zelda II: The Adventure of Link™
The console it slated for release on November 11, 2016, and will cost approximately $60.00.
Amazon is now taking pre-orders for gamers who cannot wait. Click the link below, or visit the Amazon store here.
New Jersey man finds gun on rooftop of a business
Passaic, New Jersey — A New Jersey man called police on Tuesday after he found a gun on the roof of a business.
The incident occurred at approximately 11:16 a.m.
Mark DeMeola, a field supervisor for Delco Air, Sayerville, NJ, was servicing the HVAC systems at Passaic Plaza, located at 122-148 8th Street, Passaic, NJ, when he saw something shiny approximately two feet from his tool bag.
DeMeola said that after he took a closer look at the object he realized it was a small handgun.
At 11:17 a.m. DeMeola notified the Passaic Police Department.
According to reports, police arrived on the scene within minutes. There had been heavy police presence in the area for most of the morning due to the fact that gunshots had been reported at 10:45 a.m.
DeMeola said, “I placed an air filter next to [the gun] to mark its location without disturbing it.” He went on to say, “I then exited the roof so police could conduct their investigation.”
Police said that the Derringer-type handgun will be processed in order to determine if it had been used in a crime.
DeMeola stated that police were very thankful he called and reported the gun.
No one was injured during the incident.
The investigation is ongoing.
Deputy on leave after K-9 left in patrol car, died
Gainesville, Florida — An Alachua County Sheriff’s K-9 deputy was placed on paid administrative leave after his K-9 was found dead in his patrol car.
K-9 Robbie, a Belgian Malinois, was discovered in the back seat of Deputy Tommy Willcox’s car on Friday.
According to AccuWeather, it was approximately 94 degrees in Gainesville on the day that K-9 Robbie died.
In a press release, ACSO Lt. Brandon Kutner wrote, “It appears K-9 Robbie’s death is the result of complications related to heat exhaustion. ”
On the morning of Robbie’s death, Deputy Willcox and K-9 Robbie had responded to assist the Gilchrist County Sheriff’s Office with a suspect wanted in a homicide investigation in Leesburg, Florida. Officials said they were not certain if K-9 Robbie was utilized during the search for the suspect.
When Deputy Willcox returned home, he had apparently forgotten that the K-9 was in the back seat of his patrol car. When Willcox realized it, he found the dog unresponsive.
According to ACSO Public Information Officer Art Forgey, in 2008, Deputy Willcox euthanized his personal dog, which was a retired ACSO K-9, by shooting it. Willcox told his superiors that he shot and killed the 13-year-old dog because it was in poor health and was suffering.
“This led to a policy change by Sheriff Darnell stating that adopted K-9’s would be euthanized by a veterinarian,” said Forgey. He went on to say, “Deputy Willcox also had a dog that was diagnosed with cancer and was euthanized by a veterinarian due to cancer. The [K-9] was approximately five years old.”
No charges have been filed against the deputy at this time.
The investigation is ongoing.
Ocala woman charged with welfare fraud
Ocala, Florida — The State Attorney’s Office issued a warrant for a woman’s arrest after they determined she had committed welfare fraud.
According to the arrest warrant, Tamora Tequia Alston, 30, knowingly, by means of false statement or other misrepresentation, obtained and continued to obtain food stamps and Medicaid benefits when she was not justly entitled to do so.
The warrant was issued on June 10, 2016. However, due to the fact that Alston could not be located, the warrant was not served until July 7.
The Department of Financial Services stated that Alston failed to report she had been employed by Palm Garden of Ocala. Instead, Alston lied on her welfare application and had been collecting food stamps for a period of longer than 12 months.
Court documents show that Alston received more than $5,000 in food stamp benefits between March 2014 and December 2015. Additionally, she received approximately $2,000 in Medicaid benefits.
If prosecuted, Alston will no longer be able to qualify for government assistance.
Alston, who has been arrested six other times for various crimes, was released from jail on a $2,000 bond.
Her next court appearance is slated for August 9, 2016.
Chief says that Alton Sterlings was armed
Baton Rouge, Louisiana — On July 5, Baton Rouge police responded to the Triple Food Mart, located at 2112 North Foster Drive.
Police were dispatched after a homeless man called 911 and stated that a black man wearing a red shirt had pointed a gun at him.
According to eyewitnesses, Alton Sterlings, 37, was selling music CD’s in the parking lot of the store when the homeless man approached him and asked for money.
Witnesses stated that sterling then pulled out a gun, pointed it at the homeless man, and stated, “I told you to leave me alone.”
Because he was no stranger to law enforcement, when police arrived, they quickly recognized Sterlings.
Shortly after police arrived, an altercation between Sterlings and the officers ensued. This altercation was recorded by body cameras, but not by the individual who turned on their cell phone after the altercation had already began.
The body cameras were dislodged during the scuffle, but continued recording.
Authorities stated that the body cam videos will be made available when all appropriate parties have had a chance to review them.
During the scuffle, one of the police officers yells, “he’s got a gun.”
In the cell phone video that was released, one of the officers is seen pulling something from Sterlings’ pocket. It was later confirmed that Sterlings was armed and that, it was a gun that police removed from his pocket.
Baton Rouge Chief of Police Carl Dabadie, Jr., said, “Sterlings was armed with a gun.”
Sterlings was shot during the altercation and died at the scene.
Sterlings, who was on probation at the time of his death, was a sex offender. He was convicted in 2000 of Carnal Knowledge of a Juvenile. This mean that he knowingly had sex, anal sex, or oral sex with a person under the age of 18. Court documents show that, in April of 2000, a 14-year-old reported to her mother that she had missed her period. The mother then took her daughter to a doctor who confirmed that the juvenile was pregnant.
According to reports, Sterlings had been having sex with the 14-year-old for seven months.
Sterlings’ arrest record also includes:
- 9/09/96 – Aggravated battery
- 10/31/97 – 2nd degree battery
- 1/06/98 – Simple battery
- 5/04/00 – Public intimidation
- 9/20/00 – Carnal knowledge of a juvenile
- 9/04/01 – Domestic violence
- 5/24/05 – Burglary of an inhabited dwelling place
- 7/11/05 – Receiving stolen things
- 9/12/05 – Burglary of inhabited dwelling place
- 3/17/06 – Simple criminal damage to property, simple robbery, simple theft, drug possession, misrepresentation during booking, simple battery, aggravated battery
- 4/12/06 – Aggravated battery, simple criminal damage to property, disturbing the peace, unauthorized entry
- 4/04/08 – Domestic abuse battery
- 6/03/09 – Resisting an officer, drug possession, receiving stolen things, possession of stolen firearm, illegal carrying of a weapon with CDs, sound reproduction without consent
- 10/12/09 – Illegal carrying of weapon, marijuana possession
- 8/13/15 – Failure to register as a sex offender
- 4/08/16 – Failure to register as a sex offender
- 6/14/16 – Ecstasy and marijuana possession
Sterlings’ family said, “He was on probation and would not have had a gun.”
Media frenzy
When the amateur cell phone video of the Sterlings shooting “hit” social media, the liberal media and the Obama administration quickly grabbed a hold of the story and made wild, careless accusations. Those accusations ultimately created unnecessary tension between law enforcement agencies and the public.
Officials said that, while they do recognize that there are some “bad apples” in some law enforcement agencies, the public should not chastise all police officers before all the facts in a particular case are known.
Louisiana Gov. John Bel Edwards said that he has asked the U.S. Department of Justice to take over the investigation.
In a press release, the governor said, “We’re not abdicating anything. we’re making the best decisions to make sure that the situation remains under control here in Baton Rouge and that we don’t experience any more upheaval … in our communities here in Baton Rouge and around Louisiana.”
Gov. Edwards said, “One of the crucial next steps will be to determine what happened before the confrontation ensued Tuesday.”
The governor does not want anyone, in any community, to jump to conclusions based on a video that was recorded midway through the incident.
The two BRPD officers, Blane Salamoni and Howie Lake II, have been placed on administrative leave pending the outcome of an investigation.
Human remains from 1977 identified
Summerfield, Florida — Human remains from a 1977 case have been identified using DNA.
On June 23, 2016, Marion County Sheriff’s Office Major Crimes detectives received confirmation that positive DNA identification on the unidentified human remains had been completed.
The remains were found in a wooded area near County Road 467 and Southeast 145th Street, Summerfield — in the Pedro section of Marion County — on March 22, 1977.
According to a press release, In 2009, Dr. Barbara Wolf, from the Fifth District Medical Examiner’s Office, and Dr. Michael Warren from the University of Florida CA Pound Lab, sent a bone from these remains to the University of North Texas for DNA samples to be extracted and placed in the Missing Persons Database.
However, no matches were found in the system.
Then, In 2015, while reviewing their missing persons cases, the Polk County Sheriff’s Office reviewed a case that involved a man named Mark D. Woodard, who would have been 61 this year, and sent his parent’s DNA to UNT.
The forensic DNA analysis confirmed that the bones are 4.3 trillion times likely to be a positive DNA match submitted by Mark’s parents, Jason and Vyrda Woodard.
According to the Polk and Marion County Sheriff’s Office, the details of Woodard’s are still under investigation.
Investigators would not release any further information in this case, citing that the investigation has been reopened.
Anyone with information can call Lt. Donnie Winston at 352-369-6831, the Marion County Sheriff’s Office at 352-732-9111, Crime Stoppers at 352-368-STOP, text a tip to 274637 using keyword 368-STOP, or visit www.ocalacrimestoppers.com. Anonymity is guaranteed.
2016 Gulf recreational red snapper state season closes soon
The 2016 recreational red snapper season in Gulf of Mexico state waters closes July 11, with the last day of harvest being July 10. The season will reopen Fridays, Saturdays, and Sundays in September and October, and on Labor Day.
This season will help maintain fishing opportunities for recreational anglers in state waters and provide additional fall weekend fishing days.
The private recreational angler red snapper season in Gulf federal waters ran June 1-9 and was extended two days due to Tropical Storm Colin, closing June 12. The federally-permitted charter boat and head boat season for federal waters will run June 1-July 16 (closing July 17).
Two arrested in July 4th fireworks tent shooting
Silver Springs Shores — Marion County sheriff’s deputies arrested two people on Monday who were involved a shooting at a fireworks stand in the 7100 block of Maricamp Road.
Quinnesha Roberts, 20, and Anquan Rashard Everett, 14, attempted to rob the fireworks stand and shot the security guard in the process.
The shooting took place at approximately 12:30 a.m.
According to reports, the two criminals entered the fireworks tent wearing black clothing, masks, and gloves.
Once inside the tent, Everett demanded to see the safe and then shot the security guard in the shoulder. Both of the suspects then fled the tent, but returned moments later and shot the guard again — this time in the left leg.
After a brief struggle, the suspects fled the scene.
During the investigation, a deputy saw two people running from the area and followed them to 16 Pine Trace Drive, where the suspects were entering the house.
Roberts’ family was awakened by all the commotion and exited the residence. They identified Roberts as a family member and advised that Everett was also inside the home.
According to reports, while deputies were at the residence, a K-9 unit was used to track where Roberts and Everett were last seen running.
The K-9 located a pair of shoes which matched imprints found at the crime scene. The K-9 also led the K-9 deputy to a dumpster, where he located a .380 handgun, a black glove, white shirt, a black mask, and a green pair of overalls.
Everett had fled to the residence wearing only his boxer shorts.
Investigators said that the handgun was stolen from Roberts’ grandmother.
Everett’s mother, who is also a felon, told her son not to cooperate with investigators. Roberts also refused to cooperate with the investigation.
Both suspects were arrested and charged with one count each of Attempted Felony Murder and Robbery with a Firearm. They are being held without bond. Their next court date is scheduled for August 9, 2016.
Everett was also arrested in April for Felony Possession of a Firearm.
Major crimes detectives said that Everett and Roberts “cased out” the fireworks tent the day before the shooting.
The security guard is expected to make a full recovery.
441 crash claims the life of Ocala woman
Ocala, Florida — Rochelle Gainey, 25, died Saturday after an Anthony woman pulled out in front of her.
The accident happened at approximately 4 p.m.
Florida Highway Patrol Troopers said that K. Peck Sells, 72, who was driving a 1998 Ford Expedition, was stopped in the driveway of the Ocala Drive-in theater, located at 4850 S. Pine Avenue, facing east.
Gainey, who was driving a 1995 Acura Integra, was traveling southbound in the inside lane of U.S. 441.
As Gainey approached the driveway, Sells pulled in front of Gainey in an attempt to cross over southbound lanes to the center median.
FHP said that the evidence showed that Gainey applied her brakes and tried to avoid the collision, but could not.
Gainey’s Acura slammed into the left rear side of Sell’s Expedition.
Both drivers were transported to Ocala Regional Medical Center.
Sells is listed in serious condition.
At 7:46 p.m., Gainey was pronounced dead.
It was not immediately known if either occupant was wearing a seat belt.
According to FHP, charges are pending.
Man told woman to suck his penis, struck her with handgun
Ocala, Florida — Ocala police conducted a traffic stop on a man who later turned out to be a strong-arm robbery suspect.
Officers Magnum and Hernandez were patrolling the area in front of Cowboys Saloon at approximately 3:44 a.m., when they saw a vehicle driving through the parking lot without its headlights on.
According to reports, during the traffic stop, the officers were approached by a citizen who stated that a woman had been seen running in the area of Southwest 10th Street, screaming for help.
Officer Hernandez immediately drove to the area to search for the female.
A short time later, a female victim flagged down Officer Hernandez in front of the Ocala Oncology Center.
The victim told Officer Hernandez that she was headed out to get something to eat when she realized she was out of cigarettes.
The victim stated that while she was at the Marathon Gas Station, located at 1010 South Pine Avenue, she was approached by an unknown male, later identified as Martin J. Graves, 33.
According to police, Graves grabbed the woman’s purse and left arm and dragged her behind the gas station. Graves then pushed the woman to the ground, pulled out his penis, and said, “suck this b**ch.”
When the victim refused, Graves pulled out a handgun and struck the woman with it. He then grabbed her purse and fled the scene.
When the victim gave a description of the suspect, Officer Hernandez realized that it was the same man that he and Officer Magnum had just pulled over.
According to reports, when officer Hernandez contacted Officer Magnum, he learned that Officer Magnum was still on the traffic stop with Graves.
After further investigation, Graves was arrested and charged with Strong-arm Robbery with a Firearm.
Graves was released on a $50,000 bail.
Most fireworks are illegal in Florida
Officials want to remind residents that many types of fireworks are illegal in the State of Florida.
According to state statutes, Florida law prohibits any fireworks that fly through the air or explode — such as Roman candles, bottle rockets, and mortars — for recreational use.
However, there is a loophole.
Most firework shops and stands alike, require residents to sign an “Agricultural Exemption.” The exemption basically states that the purchaser of the fireworks will use them for the sole purpose of scaring off birds from farms and fish hatcheries.
A spokeswoman for The state Fire Marshal’s Office said, “Just because an organization has a buyer sign the ‘Agricultural Exemption,’ doesn’t make it legal.“
But enforcing the statute can sometimes be complicated, law enforcement officials said. Generally, the purchase of illegal fireworks goes unchecked.
Officers and deputies will respond if a resident complains about a neighbor’s illegal fireworks; however, the officer must witness the explosion in order to make an arrest and confiscate the items. Arrests are rare, authorities said.
The Marion County Sheriff’s Office said, “If a complaint call comes in, we first try and educate the individual on the dangers of using fireworks. Secondly, we will make arrests if a person is using fireworks in a reckless manner with intent to harm.”
“The Fire Marshall handles most of the firework issues,” the sheriff’s office said.
Most law enforcement agencies will address firework issues on a case-by-case basis. While exploding fireworks are illegal, some authorities say they understand they are for celebration, but warn that if fireworks are misused it could result in an arrest.
In 2014, Sergeant Angy Scroble, then-Public Information Officer for the Ocala Police Department, said, “OPD will enforce any City Ordinance or State Laws if they are violated.”
City ordinance:
Sec. 38-151. Definitions.
(a) For purposes of this article, the term “fireworks” shall mean and include any combustible or explosive composition or substance or combination of substances or, except as provided in this article, any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation. The term includes blank cartridges and toy cannons in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, Roman candles, dago bombs, and any fireworks containing any explosive or flammable compound or any tablets or other device containing any explosive substance.
(b) The term “fireworks” shall not include sparklers approved by the state fire marshal pursuant to F.S. § 791.013; toy pistols, toy canes, toy guns or other devices in which paper caps containing 25/100 grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper caps which contain less than 20/100 grain of explosive mixture, the sale and use of which shall be permitted at all times.
(c) The term “fireworks” shall not include the following novelties and trick noisemakers:
(1) A snake or glow worm which is a pressed pellet of not more than ten grams of pyrotechnic composition that produces a large, snake-like ash which expands in length as the pellet burns and that does not contain mercuric thiocyanate.
(2) A smoke device, which is a tube or sphere containing not more than ten grams of pyrotechnic composition that, upon burning, produces white or colored smoke as the primary effect.
(3) A trick noisemaker, which is a device that produces a small report intended to surprise the user and which includes:
- A party popper, which is a small plastic or paper device containing not more than 16 milligrams of explosive composition that is friction sensitive, which is ignited by pulling a string protruding from the device, and which expels a paper streamer and produces a small report.
- A booby trap, which is a small tube with a string protruding from both ends containing not more than 16 milligrams of explosive compound, which is ignited by pulling the ends of the string and which produces a small report.
- A snapper, which is a small paper-wrapped device containing not more than four milligrams of explosive composition coated on small bits of sand, and which, when dropped, explodes, producing a small report. A snapper may not contain more than 250 milligrams of total sand and explosive composition.
- A trick match, which is a kitchen or book match which is coated with not more than 16 milligrams of explosive or pyrotechnic composition and which, upon ignition, produces a small report or shower of sparks.
- A cigarette load, which is a small wooden peg that has been coated with not more than 16 milligrams of explosive composition and which produces, upon ignition of a cigarette containing one of the pegs, a small report.
- An auto burglar alarm, which is a tube containing not more than ten grams of pyrotechnic composition that produces a loud whistle or smoke when ignited and which is ignited by the use of a squib. The auto burglar alarm shall not use more than 50 milligrams of explosives to produce a small report.
(d) For purposes of this article, the term “sparkler” means a device which emits showers of sparks upon burning, does not contain any explosive compounds, does not detonate or explode, is handheld or ground-based, cannot propel itself through the air, and contains not more than 100 grams of the chemical compound, which produces sparks upon burning. Any sparkler that is not approved by the state fire marshal is classified as fireworks.
Sec. 38-152. Authority of police to seize unlawful fireworks and devices:
Police officers may seize, take, remove or cause to be removed, at the expense of the owner, all stocks of fireworks, sparklers or combustibles offered or exposed for sale, stored or held in violation of this article or F.S. ch. 791.
Sec. 38-153. Petition for return of seized property.
(a) Right to hearing. Any person from whom property is seized or removed as provided in sections 38-152, 38-157 and may file a petition with the city council for a hearing and to seek the return of the property.
(b) Petition for hearing. Any person seeking a hearing pursuant to this section must first file a petition with the city council within 20 days of the date of seizure, which shall contain the following information: name, address and phone number, and a reference to the date, time, the type of property, and the basis upon which the person seeks return of the property seized. Within 20 days of receiving the petition, the city council shall hold a hearing during either a regularly scheduled council meeting or special meeting held for such purpose.
(c) Conduct of hearing. The city attorney shall present the case before the city council. All parties shall have an opportunity to present evidence involving the property that was seized. Formal rules of evidence shall not apply, but fundamental due process shall be observed during the proceedings. After considering all evidence, the city council shall have the power to return the property, deny the request or enter such other order as it deems appropriate.
(d) Any person appearing before the council pursuant to this section may appeal a final order of the council to the Fifth Judicial Circuit Court. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the council. An appeal shall be filed within 30 days of the date of the written order appealed from.
Sec. 38-154. Sale and use of toy and novelty items.
The sale and use of items listed in section 38-151(c)(1) through (3) are permitted at all times, except as otherwise prohibited in this article.
Sec. 38-155. Sale, possession or use of fireworks; permit for public display of fireworks.
(a) It shall be unlawful for any person to possess, display, offer for sale, expose for sale, sell at retail, or use or explode any fireworks; provided, however, that a permit may be obtained from the chief of police for a supervised public display of fireworks to be handled by a competent operator, who shall be approved by the chief of police and the chief of the fire department. Any such display for which a permit is granted shall be of such a character and so located, discharged or fired as in the opinion of the chief of the fire department, after proper inspection, shall not be hazardous to property or endanger any person.
(b) Application for a permit shall be made in writing to the chief of police at least 15 days in advance of the date of the display. The application shall be made upon forms to be developed by the chief of police and approved by the city council. If a permit is granted, sale, possession, use and distribution of fireworks for the display so permitted shall be lawful for that purpose only. No permit granted under this section shall be transferable.
Sec. 38-156. Purchase or sale of sparklers by persons under 18 years of age.
It shall be unlawful for any person under the age of 18 to purchase or engage in the business of soliciting or peddling any sparklers.
Sec. 38-157. Possession on public property on July 4.
It shall be unlawful for any person to use or possess, without a permit obtained pursuant to section 38-155, on July 4 any sparklers, fireworks or smoke devices in or on any city- or government-owned park, sidewalk, street, property or building. Any police officer, fire officer, deputy sheriff or other duly appointed law enforcement officer is authorized to seize, take, remove or cause to be removed all such devices found in the possession of any person within the prohibited areas.
Sec. 38-158. Possession at or near parade route.
It shall be unlawful for any person to use or possess any sparklers, fireworks, smoke devices, snake or glow worm, or trick noisemaker, as those terms are defined in this article, at any parade as defined in section 66-131, or within 200 feet of any parade route permitted pursuant to section 66-132. Any police officer, fire officer, deputy sheriff or other duly appointed law enforcement officer is authorized to seize, take, remove or cause to be removed all such devices found in the possession of any person within the prohibited areas.
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At most Florida fireworks stands, consumers are asked to sign a waiver acknowledging they will only use the illegal fireworks for agricultural purposes. Signing the form doesn’t guarantee the consumer protection from the law — but it does absolve the vendor of any legal responsibility, state officials said.
“It’s not up to us to explain it. It’s up to the consumer to purchase them legally,” said one local fireworks vendor.
For vendors, it’s about business. But for consumers, unlawful fireworks can have hefty penalties.
According to the State Fire Marshall, If a person fills out the form and uses the fireworks for something other than agricultural purposes and are caught, it’s a first degree misdemeanor. It’s punishable by up to 1 year in jail or $1,000 in fines.
Officials said Even those fireworks that are deemed ‘safe’ are still very dangerous. Sparklers can burn at 1,200 degrees Fahrenheit.
Sparklers and fireworks sparked more than 150 reported fires in fiscal year 2012-2013 across the state and caused close to $200,000 in property damage.
The U.S. Consumer Product Safety Commission estimated fireworks were involved in an about 8,700 injuries in 2012. Children under 15 accounted for about 30 percent of the 2012 injuries.
Some municipalities throughout the state have vowed to renew enforcement efforts and arrest violators.
If you choose to “set off” fireworks; here are some safety tips:
- Keep a fire extinguisher or water hose on-hand for emergencies. It’s a good idea to drop used sparklers in a bucket of water.
- Use sparklers and other legal novelties on a flat, hard surface in an open area. Do not light them on grass.
- Keep children and pets at least 30 feet away from all ignited sparklers.
- Light only one item at a time and never attempt to re-light a “dud.”
- Don’t use any unwrapped items or items that may have been tampered with.
- Only purchase fireworks from licensed vendors.
- Never allow young children to play with or ignite fireworks. After the firework display, children should never pick up fireworks because they may still be active.
- Never have any portion of your body directly over a fireworks device when lighting the fuse.
- Avoid lighting off fireworks in residential neighborhoods where houses are in close proximity to one another
Homicide investigation of 2-year-old, father in jail for killing another child
Ocala, Florida — The Medical Examiner has ruled the death of 2-year-old Journee Blyden, a homicide.
On June 21, 2016, deputies responded to Hemlock Course Run, Ocala. Upon arrival, they found that Journee was unconscious and unresponsive. Reports stated that she had apparent head trauma. She was transported to Ocala Regional Medical Center, but due to the severity of her injuries, the decision was made to move her to UF Health Shands, Gainesville.
On June 23, at approximately 9:30 a.m., doctors determined that Journee did not have any brain activity. Journee was then removed from life support. She passed away on June 24.
A woman told deputies that when she left for an appointment, she left several children at the home. She said the children were being supervised by another adult. The woman stated that when she returned home she found that the toddler had fallen out of her crib and was unconscious.
However, the Medical Examiner concluded that the toddler died from blunt force head trauma and ruled the child’s death a homicide.
Journee’s father, Kendall Blyden, now 29, is currently in jail for the death of another child. In 2014, he was arrested and charged with First Degree Murder and Aggravated Child Abuse of one-year-old Jayden Green.
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It was later determined that Kendall had severely beaten the one-year-old. In fact, the Medical Examiner said that the child was so badly injured from the strikes to his head inflicted by Blyden, that Baby Jayden’s brain could not recover due to lack of blood flow.
According to reports, the injuries were consistent with being slammed in the head with a blow from an elbow strike. It also appeared that Jayden was erratically shaken.
As for Journee’s death, officials said that witnesses told them that Journee was “playing in the crib jumping up and down.” Statements that do not seem to match the Medical Examiner’s findings.
It should be clear that Kendall was in jail for the death of the one-year-old at the time of his daughter’s death.
The investigation into Journee’s death is ongoing.
Anyone with information can call Detective Frank Scala, at 352-368-3548, the Marion County Sheriff’s Office at 352-732-9111, Crime Stoppers at 352-368-STOP, text a tip to 274637 using keyword 368-STOP, or visit www.ocalacrimestoppers.com. Anonymity is guaranteed.
Gag grouper recreational harvest closing in 4-county Gulf region
Gag grouper recreational harvest will close in state waters off the coasts of Franklin, Wakulla, Jefferson, and Taylor counties on July 1, with the last day of harvest June 30.
The gag grouper recreational harvest season in Gulf of Mexico state waters, not including Franklin, Jefferson, Wakulla, and Taylor counties, opened June 1 and will remain open through December 31, and will close January 1, 2017. Monroe County is also excluded from this season because it follows the Atlantic season for gag grouper.
The four-county region includes all waters of Apalachicola Bay and Indian Pass, including those in Gulf County, and all waters of the Steinhatchee River, including those in Dixie County.
The Florida Fish and Wildlife Conservation Commission (FWC) manages marine fish from the shore to 9 nautical miles out in the Gulf of Mexico.
Gag grouper caught in federal waters during the federal season and in state waters outside the four-county region may be taken ashore in Franklin, Wakulla, Jefferson and Taylor counties, but boats with gag grouper aboard may not stop and must have gear stowed while traveling through state waters in that region.
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Man denies his woman sex, woman gets hatchet
Ocala, Florida — A woman attacked her man early Thursday morning after he denied her sex.
The man, whose relationship to the suspect was not disclosed, stated that Leslie Mills, 26, had gone out drinking while he stayed at home.
The man stated that she was still out drinking when he left for work and later returned.
According to reports, while the man was sleeping, Mills arrived home and tried to have sex with him.
The man told police that Mills repeatedly asked him to engage in sexual activities with her, but he refused.
At one point, the man said he left the bedroom and went out to the couch.
A short time later, Mills went out to the couch and got on top of the man. He then got up, retreated to the bathroom, and locked the door.
That’s when Mills retrieved a hatchet and began beating on the bathroom door until she was able to gain entry.
According to reports, Mills entered the bathroom and raised the hatchet as if she were going to strike the man.
The man caught the woman’s arm in an attempt to remove the hatchet from her hand.
During the struggle, she bit him on his left bicep.
Once the man had control of the hatchet, he ran out of the house and called 911.
He told police that he feared for his life during the altercation.
Mills was arrested and charged with Aggravated Assault with a Deadly Weapon and Domestic Battery.
State records did not show any prior arrests for Mills.