It appeared to be a slam dunk. Both an eyewitness to a brutal beating and the victim were positive that Joe Fusco was the man responsible for the early morning scuffle outside a Palm Beach Gardens club. The case appeared to be airtight and a conviction seemed certain.

There was only one problem. Fusco wasn’t in Palm Beach Gardens that night. He wasn’t even in the state of Florida. He was on a hunting trip in Eastman, GA, and he had plenty of documentation proving it.

Fusco’s well-defended alibi erased second-degree murder charges against him. It also left everyone puzzled as to how two different witnesses – including the victim – could be so sure it was him there that night, and be so surely wrong.

The fight outside the Noche nightclub early on November 8, 2009 left Chris Bell bloodied and broken, deaf in his right ear and with a fractured scull. Eyewitness Kari Kyrda repeatedly said it was Fusco who kicked Bell in the head and stomach repeatedly. Kyrda went to high school with Fusco in Jupiter.

When Bell came to, he also identified Fusco as the man who had literally beat him into the next week. Bell and Fusco both graduated from Jupiter High in 2004, and the two knew each other.

Mistaken identifications by eyewitnesses is the leading cause of wrongful conviction by far in the United States, according to The Sun-Sentinel.

Palm Beach County police used a recent photo of Fusco and put him in a lineup with five other men who looked similar, but the witnesses still pointed to Fusco as the assailant.

But Fusco was indeed hunting in Georgia that night. He had cell phone records, receipts and even the balance from a SunPass transponder proving it, not to mention five friends with sworn affidavits who said Fusco was with them at the time. Five people who witnessed the melee also swore under oath that he was not there.

Eventually, prosecutors dropped the charges against him.

Fusco hopes to expunge his arrest in the case, but he might have trouble doing it. He was convicted of driving under the influence, and anyone convicted of a DUI in Florida can’t clear an arrest record.

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On Wednesday night, the 27-year-old Umatilla man said, he stopped at the County Line Bar in Weirsdale and steadily drank Bud Light from 8 p.m. to midnight.

“I had quite a few,” he said.

Around 12:30 a.m. Thursday, He said, he drove from there to visit a girl he had been talking with in the Nuby’s Corner area of the Ocala National Forest. After spending the night at the girl’s home, He said he was on his way to his sister’s home to drop off some juice for her baby. From there, he said, he was going to work at Brian Terry Vinyl in Fruitland Park.

He never made to his sister’s home, or his job.

Around 5:30 a.m. Thursday, he was involved in a vehicle crash on County Road 314A that killed Angela Kay Maddolin, 52, a registered nurse who was on her way to work at the Veteran’s Affairs Medical Center in Gainesville.

“I don’t believe I was drunk. I just believe I fell asleep and crossed the line,” said the suspect, sitting on a green bench Friday outside the room at the Marion County Jail that is used for video conferences between inmates and judges.

He spoke with the Star-Banner after his first appearance before Judge Jim McCune.

While the suspect contends alcohol had nothing to do with the terrible accident, Florida Highway Patrol troopers felt otherwise. At Ocala Regional Medical Center on Thursday morning, he was charged with DUI manslaughter and two counts of DUI property damage.

Continued

A Pasco County woman has been charged with a DUI crash while dropping a child off at school.

The Florida Highway Patrol reports that 39-year-old Lena K. Maki was dropping off an 11-year-old girl at Chasco Elementary School Monday morning. Authorities say Maki hit another car as she was pulling in and then ran up on a curb and hit a fence when she tried to flee the scene. Another car blocked her from leaving.

Recent Florida DUI verdicts.

Troopers responded and suspected Maki was under the influence of a controlled substance. She reportedly failed field sobriety tests. She was charged with DUI, DUI with property damage, leaving the scene of an accident with property damage, leaving the scene of an accident with unattended property and child neglect.

No injuries were reported.

With nine offices throughout Florida, the DUI defense attorneys at Musca Law defend clients charged with driving under the influence of alcohol or drugs (DUI). Contact a Charlotte County DUI Attorney Today.
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Investigators today charged a Jacksonville man with DUI manslaughter and two other crimes in the Jan. 14 wrong-way, head-on crash that killed St. Johns County Deputy James Anderson Jr.

Kris Caudilla, 26, had a blood-alcohol level of 0.158 — nearly twice the state’s threshold for drunk driving — when the accident occurred on Florida 9A in Jacksonville, according to Lt. Bill Leeper, a spokesman for the Florida Highway Patrol.

An arrest warrant was served on Caudilla this morning while he continues to recover at Shands Jacksonville hospital. The warrant also charged him with vehicular homicide and DUI causing property damage, Leeper said.

The blood-alcohol level was determined from a blood draw made of Caudilla just after the crash, Leeper said. Caudilla will be taken to the Duval County jail after he is released from the hospital.

Anderson, 44, died shortly after the 3:30 a.m. crash just south of Baymeadows Road. He  was driving his patrol car to work south on 9A when Caudilla’s northbound sport utility vehicle hit him head-on.

An off-duty Jacksonville Beach police officer driving his personal car said Caudilla’s SUV passed him on 9A going the wrong way at a high rate of speed moments before the crash. The officer swerved off the road and reported the incident to the Highway Patrol, but didn’t know about the accident until later.

Anderson was able to call his wife’s phone while still trapped in his car. He was airlifted to Shands, where he died a few hours later. The former Marine and father of four was buried a week later with full honors following a processional that stretched more than 3 miles.

Anderson’s family said they hope Caudilla is appropriately punished. If convicted, he faces 15 years each on the DUI manslaughter and vehicular homicide charges and one year on the property damage count.

“I really would like for him to receive the punishment that is deserved,� said Clover Simpkins, 54, Anderson’s sister-in-law. “It won’t bring my brother-in-law back, but he really needs to know what it’s like.�

Caudilla’s father expressed his sorrow for the loss during a recent interview with the Times-Union. Caudilla has been unavailable to comment. Court records show he has been cited for several traffic violations since 2001, including twice for speeding.
Anderson served as a Marine for 20 years and then worked as a deputy in Putnam and St. Johns County. He loved spending time with his family, his five dogs and golfing, family members said.

St. Johns County Sheriff David Shoar said he hopes Anderson’s family can find some closure. Shoar also said he can’t understand the necessity for people to drive drunk.

“It’s hard to fathom in this day and age with all the awareness, with all the notoriety, that we still have people who drink and drive,� Shoar said.

Leeper called the crash and the cause tragic for all involved.

“Alcohol destroys many lives every day and unfortunately two lives have been destroyed in this case: one who died and the other one who has to live with the fact that their actions killed someone else,� Leeper said.

We have the experience and understanding to represent you if you have been charged with an alcohol related offense in Florida. We are equipped to handle your criminal hearing as well as the formal administrative review hearing regarding the retention of your driving privileges.

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Former Florida defensive end Carlos Dunlap accepted six months’ probation and 50 hours of community service as punishment for a guilty DUI plea, lawyer Huntley Johnson told the Orlando Sentinel on Friday.

Dunlap was arrested on Dec. 1 — four days before the Southeastern Conference Championship Game — for sleeping in his car while intoxicated at a Gainesville intersection.

Dunlap also must pay a fine for court costs, attend DUI school and serve a six-month license suspension, he learned Friday in court. Johnson said the case was defensible but Dunlap wanted to be held accountable.

Dunlap is currently preparing for the 2010 NFL draft as a likely first-round draft choice.

“It was his decision to accept responsibility for his actions,” Johnson said. “I gave him my analysis of the case — I’m not going to say it wasn’t defensible. I respect his decision.”

Johnson declined to comment on what made the case defensible, citing attorney-client privilege.

Dunlap recorded consecutive nine-sack seasons as a 6-foot-6, 290-pound force on the edge of a dominant UF defense.

But his poor decision to drive while under influence disrupted team chemistry entering the biggest game of the year. The Gators lost to Alabama 32-13 while Dunlap served a suspension, only to return to the team for the Jan. 1 Sugar Bowl.

On Dec. 1, the street light cycled several times while the car remained stopped at Southwest 34th Street at about 3:25 a.m., according to a police report. Dunlap’s car reeked of alcohol, according to the report, and he performed poorly on sobriety tests.

Driving under the influence of alcohol or drugs (DUI) is a serious offense. A DUI may cause you to lose you drivers’ license, to receive an exorbitant fine, to watch your insurance rates skyrocket, and may even cause you to lose your freedom.

To schedule a free initial consultation visit or call our Charlotte County DUI Office:

318 Tamiami Trail, Suite 214
Punta Gorda, FL 33950
Phone: 941-916-3627

We serve the entire state of Florida with criminal and DUI charges. Choose your county to find the office nearest you.

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A detention deputy at the Faulkenboard Road Jail in New Port Richey, Florida, has been arrested for driving under the influence after crashing his car against a guard rail early Saturday morning.

Deputy Steve Sestokas was driving his truck home from a bar at 2:30 am when he fumbled for his iPod, sending it to the floor of the truck. When Sestokas reached for the fallen gadget, his truck swerved off the road and collided with a guard railing.

A representative of the Pasco County Sheriffs reportedly smelled alcohol in the truck, and a breathalyzer test later revealed a blood alcohol content of 0.124. The legal blood alcohol limit in Florida is 0.08.

Sestokas allegedly attempted to flee the scene when the sheriffs approached, gunning the engine and rocking the car back and forth. His attempt was unsuccessful, however, as the truck was pressed too tightly against the guard rail, earning the officer a resisting arrest charge as well as a DUI.

He was released on $150 bond, according to the Tampa Tribune.

I wonder what song he was trying to play. While this may sound like an open and shut case there could be many flaws in the prosecutions case againtst Mr. Sestokas just like there may be in anyone’s DUI charge. If you have been accused of a drunk driving charge in Charlotte County call 941-916-3627 ASAP.

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A 35-year-old Lithia man has been charged with DUI manslaughter in a head-on crash that claimed the life of a Riverview woman last month.

The suspect of 10803 Lithia Pinecrest Road, had a blood-alcohol level of 0.218 on Dec. 19, when deputies say his truck slammed head-on into a Jeep Renegade driven by Karen Weaver, 47.

Florida law presumes a driver to be impaired when the blood-alcohol level is 0.08.

He was driving a GMC pickup, turned himself in just after 9 p.m. Monday on charges of DUI manslaughter and two counts of DUI property damage with personal injury.

Weaver, who lived on Tallowood Court, died in the 11:42 p.m. crash near Big Bend Road and Heritage Green Parkway.

After the crash, both vehicles hit a 2006 Chevrolet driven by Michael Toolen of Riverview. Toolen was not injured.

He suffered incapacitating injuries in the crash. But the Hillsborough County Sheriff’s Office issued a warrant for his arrest after blood tests revealed he was intoxicated, spokeswoman Debbie Carter said.

He was booked into the Hillsborough County Jail, his bail set at $25,000.

Carter said the crash remains under investigation. Detectives would not release any more information about where he was coming from or headed to that night.

Now, a Florida DUI Charge is serious, but the penalties are even more serious if you were involved in an accident or vehicular homicide while driving under the influence of alcohol or drugs.

You should know you only have 10 days from the date you were arrested for DUI to request an administrative review hearing to retain your driving privileges.

If you would like to schedule a free consultation with our FL DUI and criminal defense lawyers who prove their expertise time and again call 1-800-MUSCA-LAW

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A Hillsborough County sheriff’s deputy was arrested early Saturday in New Port Richey on charges of drunken driving and resisting arrest.

Steve Sestokas, 33, was found in his truck by a Pasco County sheriff’s deputy at 2:30 a.m. His truck was off the road and pressed against a guard rail and traffic sign on State Road 54 at Mitchell Ranch Road, according to the Pasco County Sheriff’s Office.

Sestokas hit the gas pedal when the deputy approached, rocking the truck back and forth, and refused to shut off the vehicle and unlock the doors, according to an arrest report. When the deputy reached through the driver’s window to unlock the door and turn off the truck, Sestokas allegedly pushed the deputy’s hand several times.

With the deputy pointing a Taser at him, Sestokas eventually got out of the vehicle but refused to get on the ground. The deputy took him down, though Sestokas struggled while being handcuffed, according to the report.

While en route to the Pasco County jail, Sestokas told the deputy he had been at a bar and drank six beers in two hours, the report states.

Breathalyzer tests showed his blood alcohol content was 0.121 and 0.124, the report states. The legal limit in Florida is 0.08.

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The Fort Myers Police Department will conduct a DUI sobriety checkpoint sometime this weekend beginning Friday, January 22.

The operation will take place at an undisclosed location in the city of Fort Myers. Checkpoint emphasis is placed on the following:

1. Remove impaired drivers from the roadway

2. Reduce the likelihood impaired drivers will operate their vehicles on our roadways
3. Heighten awareness

4. Educate the public on the dangers of drunk driving.

Various community partnerships, including planned DUI sobriety checkpoints, are established with the goal of educating and informing the public on traffic safety issues. Fort Myers police received funding from the Florida Department of Transportation to host DUI checkpoints. The money helps purchase DUI checkpoint equipment and to pay officers overtime when they participate in the checkpoints.

Please do not drive drunk whether there is or isn’t a upcoming sobriety checkpoint. It is dangerous and can leave you regretting it for the rest of your life. However, if you have been charged with a DUI in Charlotte County or Drunk Driving in Fort Myers, Lee County you need a lawyer to defend your rights. Call 1-800-MUSCA-LAW to schedule a free meeting to discuss the charge.

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A bicyclist is dead following a hit-and-run crash on a South Florida causeway.

According to the Miami-Dade Police Department, Carlos G. Bertonatti struck cyclist Christopher Lecanne with a silver Volkswagen Jetta on the Rickenbacker Causeway on Sunday morning. Lecanne’s crushed bike was reportedly dragged for blocks before the driver was stopped by police in Key Biscayne.

Bertonatti faces several charges, including vehicular homicide and DUI manslaughter. According to online records, he was jailed $32,000 bond and is being held for immigration authorities. It’s unclear if he had an attorney.

Lecanne was taken to a Miami hospital, where he was pronounced dead.

Our prayers are with the Lecanne family.

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