JURY VERDICT: Man steals ATM with excavator, is guilty of grand theft

Jesus Sanchez Sanchez stole a excavator and used it to rip an ATM out of a Winter Haven bank and place it in the bed of his truck, causing over $120,000 in damage.

During the commission of the crime, Sanchez Sanchez caused $120,000 in damage – $50,000 to the building, $50,000 to the ATM and the $20,000 inside the ATM. He is facing life in prison.

He and an accomplice then covered the mangled ATM with a tarp and drove on back roads in Winter Haven before being pulled over by law enforcement.

A jury found 52-year-old Sanchez Sanchez guilty May 5 of grand theft of $100,000 or more, burglary of a dwelling with over $1,000 in damage, grand theft with over $1,000 in damage and burglary of a conveyance. As a habitual felony offender, he is facing life in prison and will be sentenced June 29.

Assistant State Attorneys Bonde Johnson and Jennifer Van Der Burgh tried the case. Johnson told jurors in opening statements to pay close attention to the timeline, as it would help prove Sanchez Sanchez was guilty.

The bank alarms went off at about 11:13 p.m., and surveillance video shows the truck – holding the ATM – pull away at 11:15 p.m. But about a 20 minute gap remained in the timeline from the moment the bank alarms went off to the moment law enforcement stopped him at 11:39.

Johnson told jurors that a GPS was seized from the truck that would help clear that gap in the timeline.

“The device he used as a way to escape actually became what did the defendant in,” Johnson said.

The defense claimed that in the 20 minute gap, Sanchez Sanchez’s accomplice dropped him off to buy cigarettes and used his truck to steal the ATM alone. His attorney argued that the accomplice returned to pick up Sanchez with the ATM already in the truck bed.

But Johnson told jurors that, through impression evidence, a bootprint found at the construction site where the excavator was stolen matched the boots Sanchez Sanchez was wearing at the time of the crime.

Jesus Sanchez Sanchez

He also said a piece of the ATM that matched the stolen one was found in a neighborhood near the Winter Haven bank, opposite of the direction Sanchez Sanchez began driving when the GPS started transmitting data at 11:22 p.m – leaving an eight-minute gap.

Law enforcement timed the drive from the bank to the neighborhood where the ATM piece was found and then to where the GPS first pings – it was almost four and a half minutes.

The defense still argued that there was enough of a gap for the accomplice to commit the crime alone. But Johnson reminded the jurors in closing statements that they still needed time to cover the ATM with a tarp.

“Is that three or so minutes enough to get a tarp on or enough to do the thousand things the defense suggested?” Johnson asked the jury. “Unless they pulled a James Bond and one of them crawled out of a moving vehicle to put a tarp on while driving, it’s not possible.”

Not only would putting on a tarp most likely take two people, Johnson said, someone would need to drive the excavator while the other pulls the truck up to load the ATM into it and drive away.

“This had to be a two person job,” Johnson said. “You need two drivers for that.”

SENTENCING UPDATE: Lakeland man sentenced to life for attempted second-degree murder

Judge Wayne Durden told Tyrone Laster Monday that there wasn’t a single aspect of his case that wasn’t tragic.

Laster, 43, shot his friend Chauncey Rollins in the back of the head over a money discrepancy in a drug deal. Rollins was $20 short after finalizing a deal, and Laster was angry about it.

“You don’t think I’ll shoot you?” Laster asked Rollins on June 10, 2015, placing the gun on the back of his head and eventually pulling the trigger.

Rollins was in a coma for two months, lost the use of his arms and legs and is confined to a wheelchair.

Prior to the sentencing, Laster’s attorney asked Durden to show mercy on him, but Assistant State Attorney Michael Nutter told the judge Laster should be sentenced to the fullest.

Laster’s actions may not have resulted in death, Nutter said, but they did result in a life condemned to a wheelchair.

“He had a life, and it was taken from him,” Nutter said. “The state is asking the court to show no mercy. He (Laster) did not show mercy to Chauncey.”

Laster, 43, of Lakeland, gets fingerprinted Monday after being sentenced to life in prison for attempted second-degree murder.

Durden sentenced Laster to life in prison, adding that the case is an extreme result of drugs and drug use.

“If not for their involvement in drugs, neither would be here today,” Durden addressed both Laster and Rollins. “The defendant has ruined his own life. The victim has significantly diminished the quality of his own life.”

Durden also reminded Laster that he was a habitual offender with a criminal history that spanned 22 years, resulting in a total of 15 felonies and 22 misdemeanors.

“Laster, this is one of the tragic things about this case,” Durden said, referring to his family’s testimony. “It’s amazing to me how much potential you have, and you’ve wasted it.”

SENTENCING UPDATE: Man gets life for shooting wife with shotgun

James Brady, 62, of Lakeland.

James Brady, 62, was sentenced to life Thursday after a jury found him guilty of attempted second-degree murder for shooting his wife in the arm with a shotgun.

After shooting her, Brady left his wife bleeding on their front porch, yelling that it was her fault he shot her.
Jurors also found Brady guilty of shooting into a dwelling, tampering with a witness and domestic battery.

Brady’s wife had over 25 surgeries on her left arm and lost the use of her hand. She still has over 100 pellets embedded in her arm.

Prior to his sentencing, Brady briefly apologized for his actions.

Tenth Circuit State Attorney’s Office secures death recommendation under new death penalty law

BARTOW – Polk jurors unanimously recommended the death sentence Friday in what’s believed to be the first death verdict under the new death penalty law signed by the governor last month.

Benjamin Smiley, center, stands with his attorneys after Judge Harb read his death verdict in court Friday. Jurors unanimously recommended he be sentenced to death for the 2013 murder of Clifford Drake.

After deliberating about four hours, 12 jurors unanimously found that convicted murderer Benjamin Smiley should be sentenced to death for the 2013 fatal shooting of 58-year-old Clifford Drake. Smiley will be sentenced by Judge Harb on May 11.
Prior to the new law, jurors needed a majority vote to recommend death.

In order for Assistant State Attorneys Kristie Ducharme and Hope Pattey to secure the death recommendation under this new law, the jurors need a unanimous vote in 4 of the 5 sections on the verdict form. The aggravating factors, their sufficiency, the defendant’s eligibility, and the death penalty itself must be established beyond a reasonable doubt.

The jury found that they were, and they recommended Smiley be sentenced to death.

During the course of the two-week sentencing hearing, Ducharme and Pattey laid out the facts of the Drake case, of which 24-year-old Smiley was convicted in November 2016.

Smiley and an accomplice planned to rob Drake’s safe because they believed he had a substantial amount of money in it. When they arrived at Drake’s house, his stepson intervened before being held at gunpoint and forced to escort Smiley to Drake’s room.

Drake was woken up with a tap to the head from Smiley’s gun and was fatally shot – once in the hip and once in the chest – when he told Smiley there was no money in his safe.

Evidence and DNA recovered from the scene linked Smiley to it, and Drake’s stepson identified him as the suspect from a photo lineup.

As a part of the aggravating factors, jurors were also told of Smiley’s prior murder conviction for the 2013 death of 49-year-old Carmen Riley, of which he was found guilty in November 2015.

Similar to the facts of the Drake case, Smiley robbed Riley and fatally shot her during a home invasion. Unlike the Drake case, there were no witnesses and no evidence found at the scene, with the exception of projectiles from a gun.

The case went cold until February 2015 when the Florida Department of Law Enforcement found that the projectiles from the Carmen case were a match for the ones in the Drake case. Law enforcement also spoke to Smiley’s accomplices, who admitted their involvement in planning both robberies and their knowledge of Smiley shooting both victims.

Following the jury’s unanimous verdict, State Attorney Brian Haas said he was pleased with the outcome.

“While the new law makes it more difficult to obtain a death sentence, my office will continue to follow the law and seek the death penalty in cases where it is appropriate,” Haas said Friday.

“I’m very thankful for the hard work and dedication of Assistant State Attorneys Ducharme and Pattey. I’m also grateful for our partnership with the Lakeland Police Department (LakelandPD),” Haas said. “LPD officers worked very hard on this case and were instrumental in obtaining this verdict.”