Davey Lewis

JURY VERDICT: Lakeland man convicted of lewd molestation receives three life sentences

When Davey Lewis was confronted with the details of how he sexually abused an 11-year-old girl, he broke down crying and said he was sorry.

Davey Lewis

After two hours of deliberation, jurors found Lewis guilty Wednesday of lewd molestation, sexual battery on a person less than 12, and attempted sexual battery on a person less than 12.

On Friday, Judge Abdoney handed down a mandatory life sentence for lewd molestation. He also imposed two additional life sentences for Lewis’ other convictions, all to run concurrent.

During trial, the victim testified that Lewis began abusing her in 2015 by touching her chest. She told jurors that Lewis continued to abuse her and that he eventually had sex with her.

Assistant State Attorney Mattie Tondreault told the jury there was no way an 11-year-old girl would be able to provide detailed testimony of sexual penetration unless it actually happened.

“These were things she didn’t know of and that she couldn’t comprehend,” Tondreault said, referring to specific details offered by the victim. “How could she comprehend that unless she experienced it? It is not possible.”

Lewis’ controlled phone call was played in court. When initially addressing the victim’s mother, Lewis denied ever touching the girl. But as the victim’s mother began recounting each of the incidents, Lewis began crying.

“That was a guilty cry that turned into sobs and hyperventilating,” Tondreault told jurors. “He had been caught for all the things he’d done.”

Assistant State Attorney Mattie Tondreault (FILE PHOTO)

Lewis later told law enforcement he knew what he’d done was wrong.

In closing arguments Wednesday, the defense argued that the victim lied about the abuse and fabricated each encounter.

Tondreault reminded jurors that the victim’s testimony regarding details of the incidents make sense and are consistent with someone who endured the abuse. The victim also corrected or cleared up any misunderstandings about what happened during each individual incident.

“If it’s made up, why is she conceding to things that didn’t occur?” Tondreault asked jurors in her rebuttal argument. “She explained what happened and what didn’t happened.”

“Not only does she describe the one time he has sex with her in detail, she remembers exactly what she is wearing. She recounted it exactly as she lived it,” Tondreault said.

Assistant State Attorney Nicole Donnell addresses jurors during closing arguments Tuesday. Green was found guilty of possession of cocaine within 1,000 feet of a church with intent to sell and was sentenced to 22 months in prison.

JURY VERDICT: Auburndale man guilty of selling cocaine near church

Jonathan Green willingly told law enforcement he sells cocaine.

Jonathan Green

“I know why you are here,” Green said, when officers showed up at his home in December. “I don’t have a job, and I’m selling drugs because I don’t have much money.

After about 30 minutes of deliberation, a jury found Green guilty Tuesday of possession of cocaine within 1,000 feet of a church with intent to sell and possession of drug paraphernalia. Green was sentenced to 22 months in prison.

Assistant State Attorney Nicole Donnell told jurors that law enforcement learned illegal drugs were being sold at Green’s house, which sits about 15 feet from a church.

Green told officers he was selling cocaine from the home and that everything he used was in plain view. Upon executing the search warrant, law enforcement located multiple bags containing cocaine, cutting agents, and digital scales.

At trial Tuesday, the defense argued there was no evidence suggesting Green owned the home that neighbored church property or that he sold drugs, as no one witnessed a transaction.

Assistant State Attorney Nicole Donnell addresses jurors during closing arguments Tuesday. Green was found guilty of possession of cocaine within 1,000 feet of a church with intent to sell and was sentenced to 22 months in prison.

Donnell reminded jurors that the state does not have to prove if Green owned the home or was even renting – just that he was selling drugs.

“You didn’t need to see a transaction to know he sold drugs. He told us that he did,” Donnell said. “And there are photos of it. There’s bags, scales, the cutting agents – that’s all indicative of an intent to sell.”

Assistant State Attorney Aaron Henry addresses jurors during closing arguments Tuesday. Childs was found guilty as charged and faces a minimum of 20 years in prison.

JURY VERDICT: Auburndale man guilty of shooting into vehicle

When Mark Childs saw his ex in a vehicle with a childhood friend, he confronted his friend, punched him through the driver’s window, and fired a handgun into the vehicle.

Mark Childs

Jurors deliberated just under two hours Tuesday before finding Childs guilty as charged of burglary with assault or battery, criminal mischief, shooting into an occupied vehicle with a firearm, and attempted aggravated battery. Childs is facing a minimum of 20 years in prison and will be sentenced Dec. 18.

Assistant State Attorney Aaron Henry told jurors that Childs behaved like a jealous and enraged boyfriend upon learning his ex-girlfriend had begun dating Cory Bisbee, one of Childs’ childhood friends.

On December 16, 2017, Childs saw Bisbee’s truck pull up to an intersection and realized his ex was in the vehicle as well. Childs followed Bisbee to Walker Fence in Auburndale, got out of his truck, and approached Bisbee on foot.

Childs asked his ex to get out of Bisbee’s truck, and she refused.

Childs then reached through the open driver side window and punched Bisbee in the face, shattering his glasses and cutting his eye. Bisbee put his truck in reverse to leave the parking lot, and Childs grabbed at the vehicle, breaking the side mirror.

As Bisbee was pulling away, Childs retrieved a hand gun from the center console of his vehicle. He pointed the gun at Bisbee’s truck and fired a round into it.

Childs got back in his vehicle and continued to follow Bisbee until being pulled over by law enforcement. A single bullet hole was found in the tailgate of Bisbee’s truck.

In an interview with law enforcement, Childs said he became upset upon learning his ex-girlfriend was dating Bisbee, whom he grew up with.

“It was a stupid decision,” Childs said. “I just lost control of myself.”

The entire incident at Walker Fence was recorded on surveillance cameras in the parking lot.

At trial Tuesday, the defense argued it was unreasonable to think Childs purposely fired a round at Bisbee’s truck.  He pointed jurors to Childs’ earlier testimony: “Check the tape. I 100 percent shot into the ground.”

“On the video, you do not see the gun pointed at a downward angle,” Henry said in closing arguments. “If I’m shooting at the ground, how does the bullet end up 30 feet away and still manage to hit the truck?”

Henry reminded jurors that when Childs was initially interviewed by law enforcement, he did not tell them he fired a gun toward the vehicle.

Assistant State Attorney Aaron Henry addresses jurors during closing arguments Tuesday. Childs was found guilty as charged and faces a minimum of 20 years in prison.

“He conveniently omits the very statement that incriminates him above all else,” Henry said. “It’s easy to say now that you didn’t have the intent to shoot into an occupied vehicle, but actions speak louder than words. And his actions show someone who became enraged.”

“He wants you to think he didn’t try to fire at Cory Bisbee, but then why did he take all these steps to do so? His intent is clear. He was angry, enraged, and jealous, and the only reasonable conclusion is to find him guilty as charged,” Henry said.

Joseph Gomes-Brandon

JURY VERDICT: Winter Haven man convicted of home-invasion murder

Tyler Macklin was at home on the phone with his friend when two men broke into his house, robbed him, and shot him in the head.

Joseph Gomes-Brandon

After five hours of deliberation Friday, jurors found Joseph Gomes-Brandon guilty of first-degree murder, robbery with a firearm, burglary, and conspiracy to commit armed robbery. He is facing life in prison without parole and will be sentenced Dec. 18.

Gomes-Brandon’s co-defendant, Jonathan Felix, was convicted of first-degree murder in September. Felix was sentenced to life in prison.

Assistant State Attorney Bonde Johnson told jurors that Gomes-Brandon, Felix, and a third co-defendant named Dylan Kindred decided to rob Macklin on the night of May 11, 2016.

Kindred orchestrated the entire robbery, but because he’d grown up with Macklin, Gomes-Brandon and Felix planned to enter Macklin’s duplex to steal from him while Kindred was waiting outside in the getaway car.

Gomes-Brandon and Felix kicked in Macklin’s front door and demanded cash and drugs while holding him at gunpoint. Macklin was on the phone with his friend, Michael Robago, who heard the robbers order Macklin to sit on the couch.

Robago then heard Macklin tell the robbers to take $300 that was in his wallet and whatever else they wanted from his house. Robago heard a gunshot over the phone and immediately drove to Macklin’s while keeping the phone line open.

But when Robago arrived at Macklin’s house just after 11 p.m., he found the door busted in and his friend lying lifeless in the middle of the living room.

At that point in the investigation, Johnson told jurors, law enforcement did not have any leads.

A few days after Macklin’s murder, Kindred went to his grandmother’s pastor and confessed what he and his co-defendants had done. The pastor then convinced Kindred he should tell law enforcement, so Kindred turned himself in.

Johnson told jurors in closings that the evidence fell into three parts: Kindred’s testimony, corroborating evidence, and phone records.

Kindred testified at trial, outlining the day of the murder and how he was with Gomes-Brandon at Salem’s and later at a Publix ATM. He also described the clothes Gomes-Brandon wore the day of the murder.

Surveillance videos captured both Kindred and Gomes-Brandon at these locations in the clothing he’d described, confirming Kindred’s testimony

Kindred also recounted how when Gomes-Brandon and Felix kicked Macklin’s door in, he saw neighbors come outside. Kindred, who was in the getaway car, pulled up in front of Macklin’s house, and the gunshot was fired.

That portion of testimony was confirmed by the neighbors, whose description of the car rolling toward Macklin’s duplex around 11 p.m. reflected what Kindred told law enforcement.

Law enforcement found a cigarette butt in the back seat with Felix’s DNA, which further corroborated Kindred’s testimony.

Phone records also show the communication between Kindred, Gomes-Brandon, and Felix. During the times when Kindred said they were together, at Salem’s and Publix, there is no phone activity.

“They were together,” Johnson said. “They didn’t need to call or text each other.”

There was no phone activity around the time of the murder, but then they’re communicating again around midnight, Johnson told jurors.

At trial, the defense argued that there was no physical evidence placing Gomes-Brandon at the scene.

“One of the reasons Kindred’s testimony is so credible is because he came forward on his own out of guilt or emotion because there was no physical evidence linking them to the scene,” Johnson said. “The cops weren’t looking for him – they weren’t looking for any of these three at that point.”

But Kindred turned himself in and confessed to the murder anyway.

“All of the corroborating evidence and witnesses and phone records make Dylan Kindred’s testimony believable,” Johnson said.