Jon Moyer first molested his victim when she was 7 and continued for nearly 10 years.
Jon Moyer
It only took 15 minutes for a jury to find him guilty Thursday of sexual battery by a person with familial or custodial authority.
On a controlled phone call with the victim that was played in court, Moyer told the victim that the sexual experiences they shared were beautiful “even though it was on the wrong side of the fence.”
Moyer told the girl he never just went through the motions of the sexual acts.
“I love you,” he told her. “You felt me, what’s in my heart.”
When Moyer was questioned from the witness stand about whether he sexually abused the girl, he replied, “I did nothing wrong.”
Moyer faces 30 years in prison and will be sentenced August 31.
Assistant State Attorney Jennifer Swenson tried the case and said she credits her success to Polk County Sheriff’s Office Detective Desirey Wright, who put together a solid case. Moyer had molested the victim in other counties, with the incidents in Polk beginning when she was 13, and Swenson said, Wright made sure she gathered everything the other counties had and more.
https://www.sao10.com/wp-content/uploads/2017/08/Jon-Moyer.jpg480400Kaitlyn Pearsonhttps://www.sao10.com/wp-content/uploads/2017/03/Office-of-the-State-Attorney-10th-Judicial-Circuit-Logo.pngKaitlyn Pearson2017-08-04 18:52:312017-08-04 18:59:54JURY VERDICT: Davenport man found guilty of sexual battery on a child
Robert Daniel was driving to work when he saw a man in a black corvette pull up beside him and fire three shots into his vehicle.
John Decesare, 74, of Lake Wales.
After 25 minutes of deliberation, a jury found John Decesare, 74, guilty July 12 of attempted second-degree murder, shooting into an occupied vehicle and discharging a firearm from a vehicle. Decesare faces a minimum of 20 years for attempted second-degree murder and will be sentenced August 25.
Assistant State Attorney Randi Daugustinis walked jurors through the chain of events on Nov. 4, 2014.
Daniel left his house before 6 a.m. that morning and was driving on rural roads to get to his job in Lake Wales. About 6:15, Daniel looked in his rear view mirror to see a vehicle approaching him from behind, which was odd to him as it is uncommon to see traffic in rural areas.
He watched as a black corvette pulled into the left lane, and Daniel assumed the driver would pass him, which was common when he drove his work truck. He let off the gas to allow the corvette to pass.
“I noticed after I let off the throttle, the car was still next to me,” Daniel said from the witness stand. “It stayed with me even as I was slowing down.”
That was when Daniel heard a gunshot and felt an impact on the driver’s side door. He leaned to the right to avoid getting struck and heard two more shots go off as he hit the brakes and pulled off of the road.
Daniel was not injured in the shooting.
“I was confused and shocked. It was something I’d never experienced before,” Daniel told jurors, adding that he was unable to see the driver of the corvette. “I have no idea who would’ve been shooting at me. I couldn’t think of any enemies.”
Assistant State Attorney Randi Daugustinis addresses jurors during closing arguments July 12. Decesare was found guilty as charged after only 25 minutes of deliberation.
When law enforcement arrived on scene, Daniel told them he’d never seen the black corvette before. But he did tell them it
wasn’t uncommon for him to have incidents with a motorcycle rider in the early mornings when he drove to work.
The man, who rode a black motorcycle with three headlights, would ride alongside his work truck, pull in front of him and slow down. He never spoke to the rider or antagonized him in any way, but he continued encountering the man on his way to work.
Daniel recalled seeing the rider enter the same housing community he lived in.
A PCSO deputy who’d been patrolling the area for 18 years had an idea of who the rider was, based off the description Daniel had given off the motorcycle. Decesare would make small talk with the deputy over the years when the two would cross paths during breakfast at Perkins, often chatting about his motorcycle.
When the deputy saw Decesare riding his motorcycle that day, he stopped him and asked to search the bike. Decesare cooperated with deputies, who found a handgun and magazine with ammunition in one of the locked saddle bags.
FDLE testing proved that the bullet holes and projectiles from Daniel’s truck matched the firearm deputies found in Decesare’s motorcycle.
When questioned, Decesare admitted he was involved in the shooting. He told deputies he was driving his corvette, and the other driver was in a truck.
Decesare told deputies in a taped statement that he felt the truck driver was tormenting him each time they crossed paths while he was on his bike.
“I got sick of it,” Decesare said in the statement. “I thought I’d just scare him off, put a couple bullets in his fender, teach him a lesson. … I didn’t shoot to kill him.”
Daugustinis reminded jurors that Decesare’s actions proved otherwise.
“It is an evil intent to scare someone by firing multiple rounds into their vehicle. It shows an indifference to human life,” she said in closing arguments. “The rounds were aimed at the door. He knew there was a person on the other side of that door.”
The defense argued that Decesare meant to shoot at the front of the vehicle but struggled with aim while driving fast and steering with just one hand – that although he went about it the wrong way, his intent was to scare the man and not hurt him.
“Why fire at least three rounds if you’re just trying to scare someone?” Daugustinis asked the jurors. “It’s just not reasonable to believe. He was intentionally shooting at driver side door knowing there was a driver on the other side of that door. … The defendant’s actions and intent that day showed ill will, hatred, spite and evil intent.”
https://www.sao10.com/wp-content/uploads/2017/07/Decasare.jpg480400Kaitlyn Pearsonhttps://www.sao10.com/wp-content/uploads/2017/03/Office-of-the-State-Attorney-10th-Judicial-Circuit-Logo.pngKaitlyn Pearson2017-07-20 12:57:172017-07-20 13:05:04JURY VERDICT: Lake Wales man guilty of attempted second-degree murder after shooting at truck
Roudy Vital claimed that the reason he bathed an 8-year-old girl and touched her inappropriately was because he wanted to make sure she was completely clean.
Roudy Vital, 42, of Kissimmee.
A jury found Vital guilty of lewd molestation June 27. A mandatory life sentenced will be imposed on Vital at his sentencing hearing Aug. 7.
Assistant State Attorney Lauren Randall told the jury that Vital is a family friend and was asked to babysit the victim and her younger sister while their mother was at work. The girls liked Vital and trusted him, Randall said.
“(Vital) saw vulnerability and seized an opportunity,” Randall told jurors.
Before putting the girls to bed, Vital asked the 8-year-old to take a shower. Instead of leaving her to shower alone, he stayed to watch her, bathe her and touch her.
“Even to an 8-year-old, she knew right away what he was doing was wrong,” Randall said. “She felt uncomfortable and did not know what to do.”
After the shower, Vital took the girl to his bedroom and continued touching her sexually, telling her, “One day you are going to be a woman and have a husband that will do that to you.”
He sent the girl to bed and told her that what happened is their secret and that she should not tell her mother.
The following morning, the girl was woken up by Vital touching her inappropriately again. He then tells her he was only checking on her and that she should get up and get ready for church.
After church, Vital took the girls back to their mother, and the victim immediately told her mother what had been done to her.
Law enforcement interviewed Vital, who admitted he laid the child on his bed and physically examined her, but he denied touching her sexually. His statement was played in court, and Randall pointed out the tone of his voice and how he remained defensive throughout the interview.
“He minimizes what he did,” Randall said. “He tries to veil his motives in how he deflects and shifts the blame.”
Randall reminded the jury that Vital was unsure and inconsistent when he took the stand to testify during trial, making his statement one that should not be trusted. The victim showed genuine signs of distress in her testimony, Randall said, and her statement in court echoed the statement she gave to law enforcement over two years ago, making hers one that should be trusted.
“(Vital’s) reasons for acting the way he did (by claiming he wanted to make sure the victim was clean) are simply unreasonable and perverse,” Randall said.
https://www.sao10.com/wp-content/uploads/2017/07/Roudy-Vital.jpg480400Kaitlyn Pearsonhttps://www.sao10.com/wp-content/uploads/2017/03/Office-of-the-State-Attorney-10th-Judicial-Circuit-Logo.pngKaitlyn Pearson2017-07-07 13:09:562017-07-07 13:09:56JURY VERDICT: Kissimmee man guilty of molesting an 8-year-old girl
At Victoria Collins’ sentencing hearing June 16, family members of Gary Greenfield didn’t shy away from telling Collins how her selfish actions destroyed their lives.
Collins murdered Greenfield, her longtime lover and tenant, and his body was found on July 29, 2015, highly decomposed, wrapped in a tarp and underneath a piece of privacy fencing.
Toxic levels of sleeping pills were found in his system, but medical examiners were never able to determine his exact cause of death due to the length of time the body had been exposed to the elements.
Victoria Collins, 59, gets fingerprinted after her sentencing hearing June 16. She will spend life in prison for the murder of Gary Greenfield.
A jury convicted Collins for first-degree murder on June 16 after a two-week trial, prosecuted by Assistant State Attorneys Hope Pattey and Kristie Ducharme. A mandatory life sentence was imposed the same day by Judge Harb.
Greenfield’s sister, Elaine Cemonuk, talked about how her brother was vibrant and had the energy of 10 4-year-olds.
She spoke about Greenfield’s generosity and how he would give family his last dollar or the coat off his back.
His involvement in their family was crucial, and Cemonuk said, his death left a gaping hole in their lives, especially the life of his mother.
“You took away the joy of her last holidays,” Cemonuk said, turning to face Collins.
Cemonuk said Collins left her mark on four special dates in their family: Collins’ arrest warrant was issued on Cemonuk’s son’s birthday, Cemonuk was subpoenaed on her daughter’s birthday, Greenfield was laid to rest on Cemonuk’s birthday, and Collins called The Ledger on Greenfield’s birthday.
“She (Greenfield’s mother) did not celebrate any of these and cried harder on these days,” Cemonuk said.
Greenfield’s mother had severe health problems, and the stress of wondering how and why her son died caused her to deteriorate quicker.
“She died (15 months later) with a broken heart,” she said.
“You are the most evil, cold and despicable person I have ever met,” Cemonuk said to Collins. “I’m glad you’ll be taken out of society so you will never be a threat to anyone ever again.”
In addition to addressing Collins, Greenfield’s family also spoke about his vigor for life and the way he’d leave a smile on the face of each person he interacted with.
“It was a rare occasion to find him sad,” Cemonuk said, addressing Judge Harb. “But if you were sad, he’d pick up your spirits in minutes.”
Greenfield’s niece, Michelle Kalen, told Harb that her uncle would do everything in his power to help his loved ones take a bad situation and make it better.
“He could be falling apart, but if you called him, he’d do whatever it took to make that happen,” Kalen said. “It didn’t matter how long or what it took. He’d make it happen.”
Greenfield was the firstborn in their family, and Cemonuk said, he always watched out for them.
She offered her sympathies to Collins’ family but said she still has not accepted her brother’s death and may never be able to do so.
https://www.sao10.com/wp-content/uploads/2017/07/Collins2.jpg28213949Kaitlyn Pearsonhttps://www.sao10.com/wp-content/uploads/2017/03/Office-of-the-State-Attorney-10th-Judicial-Circuit-Logo.pngKaitlyn Pearson2017-06-29 14:21:302017-07-06 14:26:26SENTENCING UPDATE: Family of Greenfield addressed Collins before she was sentenced to life
It only took jurors an hour and a half to convict Victoria Collins for the murder of her tenant and longtime lover, Gary Greenfield.
Victoria Collins, 59, of Lakeland.
Greenfield’s body was found July 29, 2015, behind a shed on the property he rented from Collins. His body was in a state of advanced decomposition and had been wrapped in a tarp and placed under a section of privacy fencing.
A knife was found near his leg, and a belt and plastic bag were located underneath his body. Medical examiners were able to identify high levels of zolpidem – a sleeping pill – in his system, but they were unable to determine exactly how he died because of how long he’d been left in the elements.
Greenfield did not have a prescription for zolpidem, but Collins did.
Hours after being convicted by the jury, Collins was sentenced to life in prison by Judge Harb.
Assistant State Attorneys Hope Pattey and Kristie Ducharme, along with the assistance of Polk County Sheriff’s Office detective Ernest Fulcher – who was the lead detective on the case, tried the two-week case, laying out the facts for the jurors.
Collins and Greenfield had been lovers – on and off – for 41 years, and he’d just moved from New York to Florida and rented a mobile home from her. They started spending a lot of time together, and Pattey said she believed Collins was ready to leave her husband of 23 years and live out the rest of her years with Greenfield.
But Collins then found out that Greenfield had been meeting up with other women.
Collins called Greenfield on June 15, 2015, to find out he was with another woman in the trailer she was renting him, and Pattey said, that’s what sent her over the edge.
Assistant State Attorney Hope Pattey addresses jurors in closing arguments June 16. The jury deliberated for an hour and a half before finding Collins guilty of first-degree murder.
“She’d given Gary Greenfield a place to live, given him her heart,” Pattey said. “It was too much.”
Pattey told jurors she believes Collins went to his home the next day, drugged him, wrapped the plastic bag around his neck and rolled him up in a tarp.
“He may have been alive and, frankly, he probably was,” Pattey told jurors. “He died alone under a bush.”
Greenfield’s cell phone records and financial statements were used to support that Collins killed him on June 16, 2015.
From April 1, 2015, to June 15, 2015, Greenfield’s cell phone records show that there were 4,778 communications – the majority being voice calls with a couple hundred texts. After the 15th of the month, there were only 549 communications, most of which were text messages, with the only voice calls being between Collins and Greenfield.
Nobody heard Gary Greenfield’s voice after June 16.
Not only did the number of communications decrease dramatically, the location they were sent from also changed.
From April 1, 2015, to June 15, 2015, his cell phone utilized the tower by his house 358 times. After June 15th, his cell used the tower by Collins’ house 80 times and the tower by his house only 41 times.
There were a series of communications where Collins called Greenfield’s phone while both were in the same location, using the same tower. In one instance, surveillance video shows Collins making the call with Greenfield’s cell on her, but he isn’t there.
Pattey said the cell phone evidence made it clear Collins was also using his phone to contact his family members, pretending to be him. When family members and friends would receive a text, some would try to call, but they never got an answer.
“That’s because Victoria Collins couldn’t answer the phone,” Pattey said.
Greenfield’s cell phone was never found.
Prosecutors also examined Greenfield’s financial statements and found that Collins made a series of withdrawals and transactions with his debit cards, starting with a cash withdrawal of $1,012 on June 16, 2015.
ASA Pattey shows the jury the difference between Greenfield’s actual signature and the way it looked when Collins attempted to sign his name.
Surveillance video and witness testimony confirmed Collins made multiple transactions with his cards, including the purchase of a meal at Manny’s Chophouse in July where she attempted to mimic his signature.
Later that month, she used his card at an Applebees and signed her own name: V. Collins.
When Greenfield’s body was found on her property July 29 by the home owners association, Pattey pointed out that Collins’ behavior was odd.
“This is the man that she loved for 41 years, who she has not spoken to by at her own admission since the end of June, has been found in a tarp and is a virtual bag of bones, having been eaten by maggots and every other small animal,” Pattey said. “Instead of having been grateful his body had been found and his family could give him a proper burial, she was angry. … She was so mad they went on this property and discovered her secret.”
Pattey reminded the jurors that law enforcement didn’t know if the body found was Greenfield’s or if Greenfield had harmed someone else. Yet Collins was inconsolable when she arrived at the scene.
“She is not crying because she thinks it is Gary Greenfield. She’s crying because she knows it is Gary Greenfield, and he’s been found,” Pattey said. “Her secret has been found out.”
Law enforcement continued to work the case but did not have a suspect. It wasn’t until Aug. 13, 2015 – Gary Greenfield’s birthday – that they started to suspect Collins.
Former Ledger reporter Clifford Parody wrote the initial newspaper story about Greenfield’s body being found. He attempted to interview Collins but could not get in touch with her, so he left his business card at her house in hopes that she’d reach out to him.
Parody did receive a call from Collins on August 13, but she pretended to be someone else, frantically telling him that “He wasn’t supposed to die.”
The caller then began an elaborate story about how she thought her boyfriend killed Gary Greenfield.
She said she was a prostitute and would drug her clients with sleeping pills to rob them after they fell asleep.
“That was supposed to happen to Gary,” the caller said. “He was supposed to fall asleep. He wouldn’t fall asleep.”
She made reference to a belt that Greenfield had taken off and then said her boyfriend returned from robbing Greenfield with bloody hands, his cell phone and two wallets. It wasn’t until weeks later that the caller claimed she learned that the man had died and that his name was Gary Greenfield.
The Ledger reporter said that the caller’s story seemed off, so he took the information to the Sheriff’s Office.
Not only did detectives trace the phone to Parody back to a cell phone Collins bought at Target, the caller knew information about how Greenfield was killed that no one other than law enforcement and the suspect were privy to.
“Nobody knew about the belt except for the person who killed Gary Greenfield,” Pattey said. “Nobody.”
Collins was arrested on December 15, 2015.
In trial, the defense claimed all of the facts presented by the state were purely circumstantial. Collins’ attorney told the jury that they could only speculate about all of the evidence and that none of it proved she was guilty.
But Pattey reminded jurors of the events that took place after Greenfield’s death point only to Victoria Collins. She even showed the jury 137 circumstances that prove she was his murderer.
“She is heartless, cold and manipulative. … No, we don’t have DNA or fingerprints. We don’t have a formal confession by this woman – we have something better. We have her own actions over and over and over again to show that she is the one responsible for what happened to Gary Greenfield,” Pattey said in her closing argument.
“This woman is a master manipulator,” she said. “She (Collins) did all of this. She did every bit of it, and she is guilty – guilty as charged. Walk back into this courtroom and tell her she didn’t get away with this one.”
https://www.sao10.com/wp-content/uploads/2017/07/Collins1.jpg26543716Kaitlyn Pearsonhttps://www.sao10.com/wp-content/uploads/2017/03/Office-of-the-State-Attorney-10th-Judicial-Circuit-Logo.pngKaitlyn Pearson2017-06-23 14:07:432017-07-06 14:27:48JURY VERDICT: Lakeland woman found guilty of killing her lover, sentenced to life
John Goepferich claimed the reason he lured officers to his home and fired over 24 rounds at them was to commit suicide.
John Goepferich, left, talks to his attorney after being sentenced Friday to life in prison. Goepferich lured officers to his Lake Wales home and fired rounds at them, striking two.
But – in Goepferich’s sentencing hearing on Friday – Judge Roddenbery said his actions clearly showed otherwise. He was sentenced to life in prison.
Goepferich, 61, was convicted February 10 of six counts of attempted first-degree murder of a law enforcement officer, two counts of aggravated assault on a law enforcement officer, attempted manslaughter with a firearm, attempted death of a police dog and misuse of 911.
On March 5, 2015, Goepferich called 911 and asked dispatch to “send the police.” He then fired multiple rounds at nine officers, striking two, before retreating into his home and continuing to shoot at them.
One of the officers was struck in the waist, but his duty belt kept the bullet from piercing his skin. Another officer was shot in the neck.
The defense said Goepferich’s actions were a result of severe depression and chronic physical pain from injuries he received in the Air Force. A neuropsychologist echoed the defense’s statements and added that Goepferich had not gone to therapy or taken his medication four weeks prior to the incident.
Roddenbery said the problem with Goepferich’s claims that he wanted to commit suicide by cop is that he stepped outside to fire rounds before immediately retreating back into his home, where he reloaded numerous times and fired at officers from multiple windows.
“He spent a significant amount of time in his house intentionally shooting at officers,” Roddenbery said. “He may have initially intended for suicide by cop, but his actions after he retreated into the house show a man trying to shoot police officers, and he managed to shoot two of them.”
Assistant State Attorney Amy Smith said the most significant thing to come across her desk during the trial was a photo of the officer who was shot through the neck. The picture shows him sitting in a hospital bed with the bullet wound while his elementary school children were huddled up next to him.
“These families had to worry through the course of events whether their loved ones would live or die,” Smith said. “His actions were unjustifiable. He should be sentenced to life.”
“I don’t do this lightly, “Roddenbery said before imposing the sentence. “But I believe Mr. Goepferich needs to be in prison for the rest of his days because of the number of officers he endangered that day.”
“As tragic as it is that he will never see outside of prison, and as tragic as it is that he did it,” Roddenbery said, “it’s also tragic for the officers who were involved, those who may still be dealing with it.”
https://www.sao10.com/wp-content/uploads/2017/07/Goepferich-Sentencing.jpg34714860Kaitlyn Pearsonhttps://www.sao10.com/wp-content/uploads/2017/03/Office-of-the-State-Attorney-10th-Judicial-Circuit-Logo.pngKaitlyn Pearson2017-06-05 14:02:382017-07-06 14:28:21SENTENCING UPDATE: Man sentenced to life for attempting to murder Lake Wales police officers
JURY VERDICT: Davenport man found guilty of sexual battery on a child
/in SAO10 Blog /by Kaitlyn PearsonJon Moyer first molested his victim when she was 7 and continued for nearly 10 years.
Jon Moyer
It only took 15 minutes for a jury to find him guilty Thursday of sexual battery by a person with familial or custodial authority.
On a controlled phone call with the victim that was played in court, Moyer told the victim that the sexual experiences they shared were beautiful “even though it was on the wrong side of the fence.”
Moyer told the girl he never just went through the motions of the sexual acts.
“I love you,” he told her. “You felt me, what’s in my heart.”
When Moyer was questioned from the witness stand about whether he sexually abused the girl, he replied, “I did nothing wrong.”
Moyer faces 30 years in prison and will be sentenced August 31.
Assistant State Attorney Jennifer Swenson tried the case and said she credits her success to Polk County Sheriff’s Office Detective Desirey Wright, who put together a solid case. Moyer had molested the victim in other counties, with the incidents in Polk beginning when she was 13, and Swenson said, Wright made sure she gathered everything the other counties had and more.
JURY VERDICT: Lake Wales man guilty of attempted second-degree murder after shooting at truck
/in SAO10 Blog /by Kaitlyn PearsonRobert Daniel was driving to work when he saw a man in a black corvette pull up beside him and fire three shots into his vehicle.
John Decesare, 74, of Lake Wales.
After 25 minutes of deliberation, a jury found John Decesare, 74, guilty July 12 of attempted second-degree murder, shooting into an occupied vehicle and discharging a firearm from a vehicle. Decesare faces a minimum of 20 years for attempted second-degree murder and will be sentenced August 25.
Assistant State Attorney Randi Daugustinis walked jurors through the chain of events on Nov. 4, 2014.
Daniel left his house before 6 a.m. that morning and was driving on rural roads to get to his job in Lake Wales. About 6:15, Daniel looked in his rear view mirror to see a vehicle approaching him from behind, which was odd to him as it is uncommon to see traffic in rural areas.
He watched as a black corvette pulled into the left lane, and Daniel assumed the driver would pass him, which was common when he drove his work truck. He let off the gas to allow the corvette to pass.
“I noticed after I let off the throttle, the car was still next to me,” Daniel said from the witness stand. “It stayed with me even as I was slowing down.”
That was when Daniel heard a gunshot and felt an impact on the driver’s side door. He leaned to the right to avoid getting struck and heard two more shots go off as he hit the brakes and pulled off of the road.
Daniel was not injured in the shooting.
“I was confused and shocked. It was something I’d never experienced before,” Daniel told jurors, adding that he was unable to see the driver of the corvette. “I have no idea who would’ve been shooting at me. I couldn’t think of any enemies.”
Assistant State Attorney Randi Daugustinis addresses jurors during closing arguments July 12. Decesare was found guilty as charged after only 25 minutes of deliberation.
When law enforcement arrived on scene, Daniel told them he’d never seen the black corvette before. But he did tell them it
wasn’t uncommon for him to have incidents with a motorcycle rider in the early mornings when he drove to work.
The man, who rode a black motorcycle with three headlights, would ride alongside his work truck, pull in front of him and slow down. He never spoke to the rider or antagonized him in any way, but he continued encountering the man on his way to work.
Daniel recalled seeing the rider enter the same housing community he lived in.
A PCSO deputy who’d been patrolling the area for 18 years had an idea of who the rider was, based off the description Daniel had given off the motorcycle. Decesare would make small talk with the deputy over the years when the two would cross paths during breakfast at Perkins, often chatting about his motorcycle.
When the deputy saw Decesare riding his motorcycle that day, he stopped him and asked to search the bike. Decesare cooperated with deputies, who found a handgun and magazine with ammunition in one of the locked saddle bags.
FDLE testing proved that the bullet holes and projectiles from Daniel’s truck matched the firearm deputies found in Decesare’s motorcycle.
When questioned, Decesare admitted he was involved in the shooting. He told deputies he was driving his corvette, and the other driver was in a truck.
Decesare told deputies in a taped statement that he felt the truck driver was tormenting him each time they crossed paths while he was on his bike.
“I got sick of it,” Decesare said in the statement. “I thought I’d just scare him off, put a couple bullets in his fender, teach him a lesson. … I didn’t shoot to kill him.”
Daugustinis reminded jurors that Decesare’s actions proved otherwise.
“It is an evil intent to scare someone by firing multiple rounds into their vehicle. It shows an indifference to human life,” she said in closing arguments. “The rounds were aimed at the door. He knew there was a person on the other side of that door.”
The defense argued that Decesare meant to shoot at the front of the vehicle but struggled with aim while driving fast and steering with just one hand – that although he went about it the wrong way, his intent was to scare the man and not hurt him.
“Why fire at least three rounds if you’re just trying to scare someone?” Daugustinis asked the jurors. “It’s just not reasonable to believe. He was intentionally shooting at driver side door knowing there was a driver on the other side of that door. … The defendant’s actions and intent that day showed ill will, hatred, spite and evil intent.”
JURY VERDICT: Kissimmee man guilty of molesting an 8-year-old girl
/in SAO10 Blog /by Kaitlyn PearsonRoudy Vital claimed that the reason he bathed an 8-year-old girl and touched her inappropriately was because he wanted to make sure she was completely clean.
Roudy Vital, 42, of Kissimmee.
A jury found Vital guilty of lewd molestation June 27. A mandatory life sentenced will be imposed on Vital at his sentencing hearing Aug. 7.
Assistant State Attorney Lauren Randall told the jury that Vital is a family friend and was asked to babysit the victim and her younger sister while their mother was at work. The girls liked Vital and trusted him, Randall said.
“(Vital) saw vulnerability and seized an opportunity,” Randall told jurors.
Before putting the girls to bed, Vital asked the 8-year-old to take a shower. Instead of leaving her to shower alone, he stayed to watch her, bathe her and touch her.
“Even to an 8-year-old, she knew right away what he was doing was wrong,” Randall said. “She felt uncomfortable and did not know what to do.”
After the shower, Vital took the girl to his bedroom and continued touching her sexually, telling her, “One day you are going to be a woman and have a husband that will do that to you.”
He sent the girl to bed and told her that what happened is their secret and that she should not tell her mother.
The following morning, the girl was woken up by Vital touching her inappropriately again. He then tells her he was only checking on her and that she should get up and get ready for church.
After church, Vital took the girls back to their mother, and the victim immediately told her mother what had been done to her.
Law enforcement interviewed Vital, who admitted he laid the child on his bed and physically examined her, but he denied touching her sexually. His statement was played in court, and Randall pointed out the tone of his voice and how he remained defensive throughout the interview.
“He minimizes what he did,” Randall said. “He tries to veil his motives in how he deflects and shifts the blame.”
Randall reminded the jury that Vital was unsure and inconsistent when he took the stand to testify during trial, making his statement one that should not be trusted. The victim showed genuine signs of distress in her testimony, Randall said, and her statement in court echoed the statement she gave to law enforcement over two years ago, making hers one that should be trusted.
“(Vital’s) reasons for acting the way he did (by claiming he wanted to make sure the victim was clean) are simply unreasonable and perverse,” Randall said.
SENTENCING UPDATE: Family of Greenfield addressed Collins before she was sentenced to life
/in SAO10 Blog /by Kaitlyn PearsonAt Victoria Collins’ sentencing hearing June 16, family members of Gary Greenfield didn’t shy away from telling Collins how her selfish actions destroyed their lives.
Collins murdered Greenfield, her longtime lover and tenant, and his body was found on July 29, 2015, highly decomposed, wrapped in a tarp and underneath a piece of privacy fencing.
Toxic levels of sleeping pills were found in his system, but medical examiners were never able to determine his exact cause of death due to the length of time the body had been exposed to the elements.
Victoria Collins, 59, gets fingerprinted after her sentencing hearing June 16. She will spend life in prison for the murder of Gary Greenfield.
A jury convicted Collins for first-degree murder on June 16 after a two-week trial, prosecuted by Assistant State Attorneys Hope Pattey and Kristie Ducharme. A mandatory life sentence was imposed the same day by Judge Harb.
Greenfield’s sister, Elaine Cemonuk, talked about how her brother was vibrant and had the energy of 10 4-year-olds.
She spoke about Greenfield’s generosity and how he would give family his last dollar or the coat off his back.
His involvement in their family was crucial, and Cemonuk said, his death left a gaping hole in their lives, especially the life of his mother.
“You took away the joy of her last holidays,” Cemonuk said, turning to face Collins.
Cemonuk said Collins left her mark on four special dates in their family: Collins’ arrest warrant was issued on Cemonuk’s son’s birthday, Cemonuk was subpoenaed on her daughter’s birthday, Greenfield was laid to rest on Cemonuk’s birthday, and Collins called The Ledger on Greenfield’s birthday.
“She (Greenfield’s mother) did not celebrate any of these and cried harder on these days,” Cemonuk said.
Greenfield’s mother had severe health problems, and the stress of wondering how and why her son died caused her to deteriorate quicker.
“She died (15 months later) with a broken heart,” she said.
“You are the most evil, cold and despicable person I have ever met,” Cemonuk said to Collins. “I’m glad you’ll be taken out of society so you will never be a threat to anyone ever again.”
In addition to addressing Collins, Greenfield’s family also spoke about his vigor for life and the way he’d leave a smile on the face of each person he interacted with.
“It was a rare occasion to find him sad,” Cemonuk said, addressing Judge Harb. “But if you were sad, he’d pick up your spirits in minutes.”
Greenfield’s niece, Michelle Kalen, told Harb that her uncle would do everything in his power to help his loved ones take a bad situation and make it better.
“He could be falling apart, but if you called him, he’d do whatever it took to make that happen,” Kalen said. “It didn’t matter how long or what it took. He’d make it happen.”
Greenfield was the firstborn in their family, and Cemonuk said, he always watched out for them.
She offered her sympathies to Collins’ family but said she still has not accepted her brother’s death and may never be able to do so.
JURY VERDICT: Lakeland woman found guilty of killing her lover, sentenced to life
/in SAO10 Blog /by Kaitlyn PearsonIt only took jurors an hour and a half to convict Victoria Collins for the murder of her tenant and longtime lover, Gary Greenfield.
Victoria Collins, 59, of Lakeland.
Greenfield’s body was found July 29, 2015, behind a shed on the property he rented from Collins. His body was in a state of advanced decomposition and had been wrapped in a tarp and placed under a section of privacy fencing.
A knife was found near his leg, and a belt and plastic bag were located underneath his body. Medical examiners were able to identify high levels of zolpidem – a sleeping pill – in his system, but they were unable to determine exactly how he died because of how long he’d been left in the elements.
Greenfield did not have a prescription for zolpidem, but Collins did.
Hours after being convicted by the jury, Collins was sentenced to life in prison by Judge Harb.
Assistant State Attorneys Hope Pattey and Kristie Ducharme, along with the assistance of Polk County Sheriff’s Office detective Ernest Fulcher – who was the lead detective on the case, tried the two-week case, laying out the facts for the jurors.
Collins and Greenfield had been lovers – on and off – for 41 years, and he’d just moved from New York to Florida and rented a mobile home from her. They started spending a lot of time together, and Pattey said she believed Collins was ready to leave her husband of 23 years and live out the rest of her years with Greenfield.
But Collins then found out that Greenfield had been meeting up with other women.
Collins called Greenfield on June 15, 2015, to find out he was with another woman in the trailer she was renting him, and Pattey said, that’s what sent her over the edge.
Assistant State Attorney Hope Pattey addresses jurors in closing arguments June 16. The jury deliberated for an hour and a half before finding Collins guilty of first-degree murder.
“She’d given Gary Greenfield a place to live, given him her heart,” Pattey said. “It was too much.”
Pattey told jurors she believes Collins went to his home the next day, drugged him, wrapped the plastic bag around his neck and rolled him up in a tarp.
“He may have been alive and, frankly, he probably was,” Pattey told jurors. “He died alone under a bush.”
Greenfield’s cell phone records and financial statements were used to support that Collins killed him on June 16, 2015.
From April 1, 2015, to June 15, 2015, Greenfield’s cell phone records show that there were 4,778 communications – the majority being voice calls with a couple hundred texts. After the 15th of the month, there were only 549 communications, most of which were text messages, with the only voice calls being between Collins and Greenfield.
Nobody heard Gary Greenfield’s voice after June 16.
Not only did the number of communications decrease dramatically, the location they were sent from also changed.
From April 1, 2015, to June 15, 2015, his cell phone utilized the tower by his house 358 times. After June 15th, his cell used the tower by Collins’ house 80 times and the tower by his house only 41 times.
There were a series of communications where Collins called Greenfield’s phone while both were in the same location, using the same tower. In one instance, surveillance video shows Collins making the call with Greenfield’s cell on her, but he isn’t there.
Pattey said the cell phone evidence made it clear Collins was also using his phone to contact his family members, pretending to be him. When family members and friends would receive a text, some would try to call, but they never got an answer.
“That’s because Victoria Collins couldn’t answer the phone,” Pattey said.
Greenfield’s cell phone was never found.
Prosecutors also examined Greenfield’s financial statements and found that Collins made a series of withdrawals and transactions with his debit cards, starting with a cash withdrawal of $1,012 on June 16, 2015.
ASA Pattey shows the jury the difference between Greenfield’s actual signature and the way it looked when Collins attempted to sign his name.
Surveillance video and witness testimony confirmed Collins made multiple transactions with his cards, including the purchase of a meal at Manny’s Chophouse in July where she attempted to mimic his signature.
Later that month, she used his card at an Applebees and signed her own name: V. Collins.
When Greenfield’s body was found on her property July 29 by the home owners association, Pattey pointed out that Collins’ behavior was odd.
“This is the man that she loved for 41 years, who she has not spoken to by at her own admission since the end of June, has been found in a tarp and is a virtual bag of bones, having been eaten by maggots and every other small animal,” Pattey said. “Instead of having been grateful his body had been found and his family could give him a proper burial, she was angry. … She was so mad they went on this property and discovered her secret.”
Pattey reminded the jurors that law enforcement didn’t know if the body found was Greenfield’s or if Greenfield had harmed someone else. Yet Collins was inconsolable when she arrived at the scene.
“She is not crying because she thinks it is Gary Greenfield. She’s crying because she knows it is Gary Greenfield, and he’s been found,” Pattey said. “Her secret has been found out.”
Law enforcement continued to work the case but did not have a suspect. It wasn’t until Aug. 13, 2015 – Gary Greenfield’s birthday – that they started to suspect Collins.
Former Ledger reporter Clifford Parody wrote the initial newspaper story about Greenfield’s body being found. He attempted to interview Collins but could not get in touch with her, so he left his business card at her house in hopes that she’d reach out to him.
Parody did receive a call from Collins on August 13, but she pretended to be someone else, frantically telling him that “He wasn’t supposed to die.”
The caller then began an elaborate story about how she thought her boyfriend killed Gary Greenfield.
She said she was a prostitute and would drug her clients with sleeping pills to rob them after they fell asleep.
“That was supposed to happen to Gary,” the caller said. “He was supposed to fall asleep. He wouldn’t fall asleep.”
She made reference to a belt that Greenfield had taken off and then said her boyfriend returned from robbing Greenfield with bloody hands, his cell phone and two wallets. It wasn’t until weeks later that the caller claimed she learned that the man had died and that his name was Gary Greenfield.
The Ledger reporter said that the caller’s story seemed off, so he took the information to the Sheriff’s Office.
Not only did detectives trace the phone to Parody back to a cell phone Collins bought at Target, the caller knew information about how Greenfield was killed that no one other than law enforcement and the suspect were privy to.
“Nobody knew about the belt except for the person who killed Gary Greenfield,” Pattey said. “Nobody.”
Collins was arrested on December 15, 2015.
In trial, the defense claimed all of the facts presented by the state were purely circumstantial. Collins’ attorney told the jury that they could only speculate about all of the evidence and that none of it proved she was guilty.
But Pattey reminded jurors of the events that took place after Greenfield’s death point only to Victoria Collins. She even showed the jury 137 circumstances that prove she was his murderer.
“She is heartless, cold and manipulative. … No, we don’t have DNA or fingerprints. We don’t have a formal confession by this woman – we have something better. We have her own actions over and over and over again to show that she is the one responsible for what happened to Gary Greenfield,” Pattey said in her closing argument.
“This woman is a master manipulator,” she said. “She (Collins) did all of this. She did every bit of it, and she is guilty – guilty as charged. Walk back into this courtroom and tell her she didn’t get away with this one.”
SENTENCING UPDATE: Man sentenced to life for attempting to murder Lake Wales police officers
/in SAO10 Blog /by Kaitlyn PearsonJohn Goepferich claimed the reason he lured officers to his home and fired over 24 rounds at them was to commit suicide.
John Goepferich, left, talks to his attorney after being sentenced Friday to life in prison. Goepferich lured officers to his Lake Wales home and fired rounds at them, striking two.
But – in Goepferich’s sentencing hearing on Friday – Judge Roddenbery said his actions clearly showed otherwise. He was sentenced to life in prison.
Goepferich, 61, was convicted February 10 of six counts of attempted first-degree murder of a law enforcement officer, two counts of aggravated assault on a law enforcement officer, attempted manslaughter with a firearm, attempted death of a police dog and misuse of 911.
On March 5, 2015, Goepferich called 911 and asked dispatch to “send the police.” He then fired multiple rounds at nine officers, striking two, before retreating into his home and continuing to shoot at them.
One of the officers was struck in the waist, but his duty belt kept the bullet from piercing his skin. Another officer was shot in the neck.
The defense said Goepferich’s actions were a result of severe depression and chronic physical pain from injuries he received in the Air Force. A neuropsychologist echoed the defense’s statements and added that Goepferich had not gone to therapy or taken his medication four weeks prior to the incident.
Roddenbery said the problem with Goepferich’s claims that he wanted to commit suicide by cop is that he stepped outside to fire rounds before immediately retreating back into his home, where he reloaded numerous times and fired at officers from multiple windows.
“He spent a significant amount of time in his house intentionally shooting at officers,” Roddenbery said. “He may have initially intended for suicide by cop, but his actions after he retreated into the house show a man trying to shoot police officers, and he managed to shoot two of them.”
Assistant State Attorney Amy Smith said the most significant thing to come across her desk during the trial was a photo of the officer who was shot through the neck. The picture shows him sitting in a hospital bed with the bullet wound while his elementary school children were huddled up next to him.
“These families had to worry through the course of events whether their loved ones would live or die,” Smith said. “His actions were unjustifiable. He should be sentenced to life.”
“I don’t do this lightly, “Roddenbery said before imposing the sentence. “But I believe Mr. Goepferich needs to be in prison for the rest of his days because of the number of officers he endangered that day.”
“As tragic as it is that he will never see outside of prison, and as tragic as it is that he did it,” Roddenbery said, “it’s also tragic for the officers who were involved, those who may still be dealing with it.”