In an attempt to avoid being arrested, Johnny Simon wriggled his arms free of a deputy’s grasp and punched him in the face twice.
Johnny Simon
Simon was found guilty on Nov. 7 of Battery on a Law Enforcement Officer and Resisting an Officer with Violence. Simon is a prison release reoffender and is facing 10 years in prison.
He will be sentenced on Dec. 7.
Deputies received a call from a victim, claiming Simon held a knife to her neck before fleeing their house on a bicycle. When Polk County Sheriff’s Office Deputy Sanchez made an attempt to stop Simon, he reached for something in his back pocket.
Simon disregarded Sanchez’s commands to remove his hand from his pocket, and when Sanchez approached him, Simon shoved him. Sanchez attempted to arrest Simon, but he fought back and punched the deputy in the face.
A witness attempted to help Sanchez get Simon under control, but they were unsuccessful. Simon continually ignored the deputy’s commands to stop resisting, so Sanchez tased him.
After being tased, Simon remained violent. He was finally taken into custody after a second deputy arrived on scene to help.
Sanchez located a knife in Simon’s back right pocket.
We are thankful for the hard work and dedication of Assistant State Attorney Nicole Donnell in securing this conviction.
https://www.sao10.com/wp-content/uploads/2018/11/Simon-mug.jpg427316Kaitlyn Pearsonhttps://www.sao10.com/wp-content/uploads/2017/03/Office-of-the-State-Attorney-10th-Judicial-Circuit-Logo.pngKaitlyn Pearson2018-11-30 16:14:252018-11-30 16:14:55JURY VERDICT: Frostproof man arrested for battery on a law enforcement officer, faces 10 years
When Bentley Hawkins found out that the person he planned to have sex with was only 14, it didn’t deter him from attempting to meet with the child.
Bentley Hawkins, 54, of Davenport.
But upon arriving at the child’s address, Hawkins was arrested by law enforcement in an undercover sting to identify those who wish to exploit children.
A jury found Hawkins guilty Nov. 15 of attempted lewd battery on a child, traveling to meet a minor, and unlawful use of a two-way communication device. He is facing 25 years in prison and will be sentenced Jan. 11.
Assistant State Attorney Ralph Guerra told jurors that an undercover detective created an online dating account, pretending to be a 14-year-old child.
Hawkins messaged the detective and began talking about getting together to have sex.
The detective replied, telling Hawkins the child was younger than the posted profile age of 18, was in school, and could not drive until next year.
“Ok,” Hawkins typed, “where are you located?”
He continued to talk to the child about sex, and the two exchanged phone numbers.
The detective then told Hawkins that the child was only 14.
Hawkins replied, “Ok, want to meet?”
When he was arrested by law enforcement, Hawkins was compliant and told deputies he knew why he was being detained.
In trial, Hawkins testified that he remembered seeing the messages about the child being younger than 18 and still in school. He also recalled the messages about the child not being able to drive.
But when asked whether he saw the text message where the child said he was 14, Hawkins claimed he never did.
Yet, cell records show that Hawkins replied to the child asking where they could meet.
Assistant State Attorney Ralph Guerra holds up a photo of the child detectives used on the online dating site. Hawkins was found guilty as charged.
“You would have to take your phone out and physically type out every single letter of that phrase in response,” Guerra said. “The kid sent text saying he was 14 and asking if that was OK, and you replied saying ‘Ok, want to meet?’”
In closing arguments, Guerra told the jury it was unreasonable to believe Hawkins was aware of every single text message he received but then missed the one saying the kid was 14-years-old.
“He took his cell phone and typed those words in response to learning he was dealing with a 14-year-old. And he showed up to have sex with a 14-year-old boy,” Guerra said. “Take the defendant by his words in that text message. I ask you to find the defendant guilty as charged.”
https://www.sao10.com/wp-content/uploads/2018/11/Ralph-Guerra.jpg25093512Kaitlyn Pearsonhttps://www.sao10.com/wp-content/uploads/2017/03/Office-of-the-State-Attorney-10th-Judicial-Circuit-Logo.pngKaitlyn Pearson2018-11-28 15:30:222018-11-28 15:30:22JURY VERDICT: Davenport man guilty of attempted lewd battery on a child
Shawn Tucci testified that he didn’t think it was important to call his girlfriend and tell her that her child was bleeding from his head.
Shawn Tucci
He claimed he fell with the baby, whose significant injuries included a bite mark, while Tucci walked away with no injuries.
After about four hours of deliberation, a jury found 30-year-old Tucci guilty Thursday of aggravated child abuse with great bodily harm. Tucci was sentenced to 10 years in prison, followed by five years of probation.
Assistant State Attorney Ashley McCarthy told jurors that Ginger Faulk, the baby’s mother, left him in Tucci’s care on Sept. 16, 2016. Nearly six hours later, she received a call from Tucci, who said he tripped while holding the baby.
Tucci told Faulk he didn’t immediately call because he was cleaning up the baby’s wounds. He told her the injuries were minor – that the child had a rug burn on his face and a knot on his head.
But Faulk had a gut feeling that something was wrong, so she left work early to check on her baby. When she got home, Faulk found a significant amount of blood on the baby’s bouncy seat.
She immediately took the child to the hospital.
Doctors treated the baby for a severe laceration to the back of his head, pattern injuries to the side of his head, a burn on the front of his head, bruising on his back and feet, and a human bite mark on his arm.
ER doctors concluded that the injuries were not consistent with a fall and that they were inflicted upon the child.
When law enforcement arrived at Tucci’s home, all of the living room furniture had been smashed and thrown into the kitchen. Tucci was nowhere to be found.
In trial Thursday, Tucci testified that he was “in a rage” after Faulk took the baby to the hospital.
He also told the jury that he did not call the next day to see how the child was. Instead, Tucci went to the beach and got drunk.
McCarthy reminded jurors that Tucci claimed he didn’t immediately call Faulk because he was busy cleaning up the baby’s injuries.
Assistant State Attorney Ashley McCarthy addresses jurors during closing arguments Thursday. Tucci was found guilty of aggravated child abuse with great bodily harm and was sentenced to 10 years in prison.
“Or maybe he was cleaning up the crime,” McCarthy said. “These are not accidental injuries. They are inflicted. They are an intentional act that hurt a child.”
The defense claimed the doctors were not given the child’s full medical history, specifically regarding Tucci’s testimony that he fell while holding the baby.
Had the doctors known the full story, the defense said, their findings would have been different.
“Their findings were blunt force trauma. That’s inflicted,” McCarthy said.
In closing arguments, McCarthy told jurors Tucci was minimizing the injuries but narrowing the timeframe by testifying the baby was hurt while in his care.
It would be a monumental coincidence that the same hands Tucci claimed were caring for the baby did not also leave multiple unexplained injuries, like the bite mark. She said it would be a coincidence that Faulk overreacted and that all of the doctors got it wrong.
“And the defendant reacts by destroying the house and fleeing?” McCarthy asked jurors. “It’s imaginary. It’s forced. It’s unreasonable. That’s because he did it. It’s because it happened, and he is guilty.”
https://www.sao10.com/wp-content/uploads/2018/11/Shawn-Tucci.jpg430347Kaitlyn Pearsonhttps://www.sao10.com/wp-content/uploads/2017/03/Office-of-the-State-Attorney-10th-Judicial-Circuit-Logo.pngKaitlyn Pearson2018-11-20 13:39:162018-11-20 13:39:16JURY VERDICT: Lakeland man convicted of aggravated child abuse for beating 11-month-old
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.
https://www.sao10.com/wp-content/uploads/2018/11/Lewis-Mug.jpg434307Kaitlyn Pearsonhttps://www.sao10.com/wp-content/uploads/2017/03/Office-of-the-State-Attorney-10th-Judicial-Circuit-Logo.pngKaitlyn Pearson2018-11-14 14:35:462018-11-19 08:40:40JURY VERDICT: Lakeland man convicted of lewd molestation receives three life sentences
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.”
https://www.sao10.com/wp-content/uploads/2018/11/Donnell.jpg27294093Kaitlyn Pearsonhttps://www.sao10.com/wp-content/uploads/2017/03/Office-of-the-State-Attorney-10th-Judicial-Circuit-Logo.pngKaitlyn Pearson2018-11-10 16:15:462018-11-13 10:25:00JURY VERDICT: Auburndale man guilty of selling cocaine near church
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.
https://www.sao10.com/wp-content/uploads/2018/11/Henry.jpg25823966Kaitlyn Pearsonhttps://www.sao10.com/wp-content/uploads/2017/03/Office-of-the-State-Attorney-10th-Judicial-Circuit-Logo.pngKaitlyn Pearson2018-11-09 13:47:212018-11-09 14:01:11JURY VERDICT: Auburndale man guilty of shooting into vehicle
JURY VERDICT: Frostproof man arrested for battery on a law enforcement officer, faces 10 years
/in SAO10 Blog /by Kaitlyn PearsonIn an attempt to avoid being arrested, Johnny Simon wriggled his arms free of a deputy’s grasp and punched him in the face twice.
Johnny Simon
Simon was found guilty on Nov. 7 of Battery on a Law Enforcement Officer and Resisting an Officer with Violence. Simon is a prison release reoffender and is facing 10 years in prison.
He will be sentenced on Dec. 7.
Deputies received a call from a victim, claiming Simon held a knife to her neck before fleeing their house on a bicycle. When Polk County Sheriff’s Office Deputy Sanchez made an attempt to stop Simon, he reached for something in his back pocket.
Simon disregarded Sanchez’s commands to remove his hand from his pocket, and when Sanchez approached him, Simon shoved him. Sanchez attempted to arrest Simon, but he fought back and punched the deputy in the face.
A witness attempted to help Sanchez get Simon under control, but they were unsuccessful. Simon continually ignored the deputy’s commands to stop resisting, so Sanchez tased him.
After being tased, Simon remained violent. He was finally taken into custody after a second deputy arrived on scene to help.
Sanchez located a knife in Simon’s back right pocket.
We are thankful for the hard work and dedication of Assistant State Attorney Nicole Donnell in securing this conviction.
JURY VERDICT: Davenport man guilty of attempted lewd battery on a child
/in SAO10 Blog /by Kaitlyn PearsonWhen Bentley Hawkins found out that the person he planned to have sex with was only 14, it didn’t deter him from attempting to meet with the child.
Bentley Hawkins, 54, of Davenport.
But upon arriving at the child’s address, Hawkins was arrested by law enforcement in an undercover sting to identify those who wish to exploit children.
A jury found Hawkins guilty Nov. 15 of attempted lewd battery on a child, traveling to meet a minor, and unlawful use of a two-way communication device. He is facing 25 years in prison and will be sentenced Jan. 11.
Assistant State Attorney Ralph Guerra told jurors that an undercover detective created an online dating account, pretending to be a 14-year-old child.
Hawkins messaged the detective and began talking about getting together to have sex.
The detective replied, telling Hawkins the child was younger than the posted profile age of 18, was in school, and could not drive until next year.
“Ok,” Hawkins typed, “where are you located?”
He continued to talk to the child about sex, and the two exchanged phone numbers.
The detective then told Hawkins that the child was only 14.
Hawkins replied, “Ok, want to meet?”
When he was arrested by law enforcement, Hawkins was compliant and told deputies he knew why he was being detained.
In trial, Hawkins testified that he remembered seeing the messages about the child being younger than 18 and still in school. He also recalled the messages about the child not being able to drive.
But when asked whether he saw the text message where the child said he was 14, Hawkins claimed he never did.
Yet, cell records show that Hawkins replied to the child asking where they could meet.
Assistant State Attorney Ralph Guerra holds up a photo of the child detectives used on the online dating site. Hawkins was found guilty as charged.
“You would have to take your phone out and physically type out every single letter of that phrase in response,” Guerra said. “The kid sent text saying he was 14 and asking if that was OK, and you replied saying ‘Ok, want to meet?’”
In closing arguments, Guerra told the jury it was unreasonable to believe Hawkins was aware of every single text message he received but then missed the one saying the kid was 14-years-old.
“He took his cell phone and typed those words in response to learning he was dealing with a 14-year-old. And he showed up to have sex with a 14-year-old boy,” Guerra said. “Take the defendant by his words in that text message. I ask you to find the defendant guilty as charged.”
JURY VERDICT: Lakeland man convicted of aggravated child abuse for beating 11-month-old
/in SAO10 Blog /by Kaitlyn PearsonShawn Tucci testified that he didn’t think it was important to call his girlfriend and tell her that her child was bleeding from his head.
Shawn Tucci
He claimed he fell with the baby, whose significant injuries included a bite mark, while Tucci walked away with no injuries.
After about four hours of deliberation, a jury found 30-year-old Tucci guilty Thursday of aggravated child abuse with great bodily harm. Tucci was sentenced to 10 years in prison, followed by five years of probation.
Assistant State Attorney Ashley McCarthy told jurors that Ginger Faulk, the baby’s mother, left him in Tucci’s care on Sept. 16, 2016. Nearly six hours later, she received a call from Tucci, who said he tripped while holding the baby.
Tucci told Faulk he didn’t immediately call because he was cleaning up the baby’s wounds. He told her the injuries were minor – that the child had a rug burn on his face and a knot on his head.
But Faulk had a gut feeling that something was wrong, so she left work early to check on her baby. When she got home, Faulk found a significant amount of blood on the baby’s bouncy seat.
She immediately took the child to the hospital.
Doctors treated the baby for a severe laceration to the back of his head, pattern injuries to the side of his head, a burn on the front of his head, bruising on his back and feet, and a human bite mark on his arm.
ER doctors concluded that the injuries were not consistent with a fall and that they were inflicted upon the child.
When law enforcement arrived at Tucci’s home, all of the living room furniture had been smashed and thrown into the kitchen. Tucci was nowhere to be found.
In trial Thursday, Tucci testified that he was “in a rage” after Faulk took the baby to the hospital.
He also told the jury that he did not call the next day to see how the child was. Instead, Tucci went to the beach and got drunk.
McCarthy reminded jurors that Tucci claimed he didn’t immediately call Faulk because he was busy cleaning up the baby’s injuries.
Assistant State Attorney Ashley McCarthy addresses jurors during closing arguments Thursday. Tucci was found guilty of aggravated child abuse with great bodily harm and was sentenced to 10 years in prison.
“Or maybe he was cleaning up the crime,” McCarthy said. “These are not accidental injuries. They are inflicted. They are an intentional act that hurt a child.”
The defense claimed the doctors were not given the child’s full medical history, specifically regarding Tucci’s testimony that he fell while holding the baby.
Had the doctors known the full story, the defense said, their findings would have been different.
“Their findings were blunt force trauma. That’s inflicted,” McCarthy said.
In closing arguments, McCarthy told jurors Tucci was minimizing the injuries but narrowing the timeframe by testifying the baby was hurt while in his care.
It would be a monumental coincidence that the same hands Tucci claimed were caring for the baby did not also leave multiple unexplained injuries, like the bite mark. She said it would be a coincidence that Faulk overreacted and that all of the doctors got it wrong.
“And the defendant reacts by destroying the house and fleeing?” McCarthy asked jurors. “It’s imaginary. It’s forced. It’s unreasonable. That’s because he did it. It’s because it happened, and he is guilty.”
JURY VERDICT: Lakeland man convicted of lewd molestation receives three life sentences
/in SAO10 Blog /by Kaitlyn PearsonWhen 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.
JURY VERDICT: Auburndale man guilty of selling cocaine near church
/in SAO10 Blog /by Kaitlyn PearsonJonathan 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.”
JURY VERDICT: Auburndale man guilty of shooting into vehicle
/in SAO10 Blog /by Kaitlyn PearsonWhen 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.