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Lantana Police Chief Charged With DUI

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LANTANA (CBSMiami/AP) – The Lantana police chief has found himself on the wrong side of the law after his arrest on drunken driving charges by Boca Raton police.

An arrest reports says Chief Jeff Tyson was driving an unmarked police car Wednesday afternoon when he rear-ended a Palm Beach County deputy’s unmarked car at a traffic light. The report says Tyson tried to drive away, but the deputy followed him and pulled Tyson over.

The South Florida Sun Sentinel reports that Boca Raton officers arrived and asked Tyson to take a field sobriety test. The report says Tyson refused, but tests at the station showed a blood-alcohol level of 0.23 percent, nearly three times the legal limit.

The Palm Beach Post reports that Commander Sean Scheller has been named acting police chief in Lantana until an investigation into Tyson’s arrest is complete.

It wasn’t immediately clear if Tyson had an attorney.

(TM and © Copyright 2012 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2012 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

 

 



Files Reveal Backgrounds Of Miami Beach Employees Caught In FBI Sting

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MIAMI BEACH (CBSMiami) – New details about the seven city of Miami Beach workers that were arrested last week after an FBI sting showed employees with previous arrests, convictions, and other behavior that could get a person fired.

The Miami Beach code compliance and fire inspectors are accused of shaking down a club owner for thousands of dollars to make violations disappear. During a six month sting, an undercover FBI agent lined code enforcement and fire inspectors’ pockets with cash to make violations go away.

Tuesday afternoon CBS4’s David Sutta reviewed the employees’ files and the mountain of paperwork contained hundreds of documents about the pasts of the workers.

There is typist Willie Grant hired in 1995. He quickly was promoted only to be fired in 1999 when a background check revealed he had not disclosed a gambling conviction from 1976. After lawyers got involved the city eventually hired him back.

Orlando Gonzalez worked in the IT department until he was laid off in 2009. The city then re-hired him as a code compliance officer. His file shows he had a long list of infractions on his driving record.

The city actually made him sign off on a series of guidelines including keeping a valid driver’s license before offering him the job. In 2008, Gonzalez was arrested for battery on a police officer. The accompanying arrest report explains it was a house party in which Gonzalez tried to prevent the officers from walking in uninvited. The officers proceeded to arrest him.

Fire inspector Chai Footman was the party animal according to FBI documents, allegedly trading fire inspections for free drinks and food at the club. His file shows he was once a Silver Knight recipient and that he struggled to pay his bills early on. He had good reviews.

Footman’s boss though, Henry Bryant, had several incidents in his personnel jacket. Bryant is the 22-year veteran that according to the FBI not only took bribes during their sting, but smuggled sham cocaine to Aventura on two occasions.

Previously, Miami Beach suspended Bryant for 36 hours after his fire chief discovered he was not doing the inspections he claimed on his paperwork.

No one’s file though can touch Jose Alberto. He’s accused of starting the bribe operation back in June 2011. Alberto started in the parks department in 1993 using lawn mowers and shovels. Over his 19 year career he worked his way up to senior code compliance supervisor where he most recently oversaw 43 employees.

Between commendations and superb reviews there is quite the criminal record. It includes theft, cocaine possession, and DUI. He notes in the paperwork that he’s clean though with the help of Alcoholics anonymous, narcotics anonymous, and God.

If the allegations are true it appears these guys gave up a lot for a few thousand dollars. Code compliance supervisor Jose Alberto made $117,000 last year. Fire inspector Chai Footman brought in $119,000. Henry Bryant, the senior fire inspector, made $125,000 last year.

It’s all money that’s now gone as the City of Miami Beach is moving to fire them.


Bond Lowered For Driver In Deadly Hit & Run

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MIAMI (CBSMiami) – A Miami-Dade judge has lowered the bond amount for Sandor Guillen, the man charged with DUI manslaughter in a horrific crash that killed 13-year-old Kaely Camacho.

During a hearing Tuesday morning, Guillen’s bond amount was reduced from $1 million to $205 thousand.   The judge also ordered him not to drink or drive. Guillen and his parents, who are from Nicaragua, also surrendered their passports.

“This court must follow the law,” said Firtel.  “I know some people may not like it but it is my sworn duty to uphold the law. People are innocent until proven guilty. This is not a popularity contest based on the numbers of people that turn out in court. We must follow the law.”

The previous bond of $1 million was one of the highest bonds ever in state history for DUI manslaughter, according to authorities. The current bond of $205,000 is also much higher than the average bond for DUI manslaughter.

Judge Firtel asked Guillen and his father about the family’s finances.  Guillen told the judge he earned $36,000 year as a physical therapist and did own some property.

“I own property,” said Guillen, “But that property is in foreclosure.  It’s a condo.”

The court room was packed with Camacho’s family and friends who did not want the judge to reduce Guillen’s bond amount so that he would stay behind bars.  They felt if he was let out, he would flee the country.

“He’s going to find a way out of the country,” said family friend Amanda Tarrant, “He did not get what he deserved.”

“I think it’s terrible. I am so disappointed. He’ll be back on the street soon,” said family friend Jackie Perez.

She told CBS4′s Peter D’Oench that, “This lowering of the bond shows that there are not enough consequences for drinking and driving.”

“We are disappointed in the amount. However with all the restrictions, we can only hope that he stays around. And we are entitled to our day in court. We only hope we’ll have our day in court,” said Bruce Cease, Kaely’s uncle.

But Guillen’s attorney said the judge did the right thing.

“It’s not public opinion that should determine bond. It is not who demonstrates. It’s whether someone is a risk of flight and a danger to the community,” said Guillen’s attorney Bruce Lehr.

kaelycamacho angiecamacho breeanncamacho kirkcamacho Bond Lowered For Driver In Deadly Hit & Run

Angie, Bree Ann and Kirk Camacho attend the bond hearing for Sandor Guillen on Tuesday, April 24, 2012. Guillen is charged with DUI manslaughter in the death of 13-year-old Kaely Camacho. (Source: CBS4)

In the hallway before the hearing, Kaely’s father Kirk talked about his loss.

“Everything, I love all my kids.  Keep in mind we have six.  It’s the brothers and sisters that are going to miss her.  She was perfect, very loving, tender.  She will be missed tremendously,” said Kirk Camacho.

Kaely Camacho was killed when Guillen’s Land Rover T-boned her father’s minivan at U.S.1 and SW 184th Street in Southwest Miami-Dade on Friday, April 13th. Police said Guillen was driving 100 mph on the Miami-Dade busway.

Police said after Guillen hit the Camacho’s minivan, his Land Rover hit a tree, spun five times, and then stopped nearly 400 feet away from the original collision. Guillen then tried to run from the scene but he was caught a couple of blocks away, according to police.

One source close to the investigation told CBS4 News, “anyone within six feet of the subject could smell the booze on him” the morning of the collision.

A source close to the investigation told CBS4 News that in interviews with police, Guillen admitted to have been “drinking hard liquor” before the crash.

Kaely’s father, Kirk Camacho and her 16-year-old sister Bree Ann, were treated at Baptist Hospital and released the same morning.

During a hearing last week, Kirk Camacho told the judge he just wants “justice” for his daughter.

After Tuesday’s hearing, Camacho said while he didn’t agree with the bond reduction he believes in the system.

“We just have to have faith in the system and God. You know justice will be served. All we can do is hope and pray for that,” said Camacho.

“This is awful,” said family supporter Howard Smith, “I mean look at my little daughters.  I don’t know how I’d feel if this were me in this situation.”

Over the weekend Kaely’s sister, Bree Ann posted a video on her Facebook page which asked for people to show up at the courthouse. She also started an online petition to support the higher bond amount. Dozens of family, friends and strangers showed up to support the family.

Guillen has been charged with vehicular homicide, DUI manslaughter, leaving the scene of an accident resulting in death, leaving the scene of an accident causing serious bodily injury, and driving without a driver’s license resulting in a death.

After he posts bond, Guillen will remain on house arrest with GPS monitoring.


Judge Refuses To Toss Goodman Verdict, Sentencing Set For Friday

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WEST PALM BEACH (CBSMiami) – The way has been cleared for Wellington polo mogul John Goodman to be sentenced Friday on DUI manslaughter charges, after Palm Beach Circuit Judge Jeffrey Colbath rejected claims by Goodman’s lawyer Monday of juror misconduct.

However a new wrinkle involving a juror’s decision to experiment with alc0hol to test evidence in the trial could still give Judge Colbath the chance to  take up the issue of a new trial yet again.

The decision Monday was narrow in scope, rejecting juror Michael St. John’s claim that some jurors had made up their minds as before deliberations began. He claimed he personally felt pressured to return a guilty verdict.

The judge rejected those claims, but as jurors were being questioned on that issue juror Dennis DeMartin, revealed he had conducted an experiment with alcohol to understand how Goodman might have felt while drinking.

Jurors aren’t allowed to do their own investigating, and DeMartin complicated things even further when he revealed he’s written a short book about the trial as it was underway.

When that information was revealed, Judge Colbath said he’s issue a ruling on that seperately, but it’s not known if that will come before the sentencing date.

Goodman faces up to 30 years in prison.

A West Palm Beach jury found Wellington Polo magnate John Goodman guilty of DUI manslaughter and vehicular homicide for the death of Scott Wilson,23,  in a February 2010 car accident. Prosecutors claimed Goodman was drunk when his Bentley slammed into Wilson’s car. The force of the crash pushed the car into the canal where Wilson drowned.

Investigators said Goodman left the scene and waited nearly one hour before calling 911.

Goodman’s defense team argued he didn’t realize he had hit the vehicle and then left the scene to get treatment for his injuries.

Prosecutors claim Goodman was driving under the influence when he crashed into Wilson. A blood sample taken nearly three hours after the crash showed Goodman had a blood alcohol level more than twice the legal limit.

Goodman’s attorney tried to counter the DUI accusation with another theory. His expert testified that the millionaire left the scene because he may have suffered a concussion and did not behave as you’d expect someone to if they were just in an accident.

Goodman admitted on the stand that he had four drinks over the course of the evening. Goodman said the last thing he remembered before the accident was that the brakes seemed odd.


Polo Mogul John Goodman Sentenced To 16 Years In Prison

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MIAMI (CBSMiami) – It’s been more than two years since Scott Wilson was killed on his way home to Wellington by polo magnate John Goodman. Friday, Goodman was sentenced to 16 years in prison for DUI manslaughter and vehicular homicide.

Goodman was convicted by a West Palm Beach jury of  the charges for the death of Wilson in the accident that happened in February 2010. Prosecutors said Goodman was drunk when his Bentley slammed into Wilson’s car which sent Wilson’s car into the canal where he drowned.

Prosecutors had asked for a 20 year sentence. During his sentencing Friday, the judge in the case, Palm Beach Circuit Judge Jeffrey Colbath, heard from Wilson’s parents, his sister, and other family and friends.

The sentencing has been clouded after a juror, Michael St. John, accused fellow jurors of misconduct. St. John said other jurors made up their minds before deliberations began and he felt pressure to render a guilty verdict. Judge Colbath rejected St. John’s claim.

But, as jurors were being questioned, another juror, Dennis DeMartin, said he had conducted an experiment on himself to see what the effects of the amount of alcohol Goodman consumed that night did to him. Judge Colbath will rule on that issue separately.

Investigators said Goodman left the scene and waited nearly one hour before calling 911. Goodman’s defense team argued he didn’t realize he had hit the vehicle and then left the scene to get treatment for his injuries.

A blood sample taken nearly three hours after the crash showed Goodman had a blood alcohol level more than twice the legal limit.

Goodman’s attorney tried to counter the DUI accusation with another theory. His expert testified that the millionaire left the scene because he may have suffered a concussion and did not behave as you’d expect someone to if they were just in an accident.

Goodman admitted on the stand that he had four drinks over the course of the evening. Goodman said the last thing he remembered before the accident was that the brakes seemed odd.

Goodman faces a maximum sentence of 30 years in prison.


Family Of Man Killed In DUI Crash In Court For Sentencing

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FT. LAUDERDALE (CBSMiami) – The family of a Hollywood man who was killed by a drunk driver packed a Ft. Lauderdale courtroom for his sentencing hearing.

They wanted justice for 23-year old Derek Arango.

The accident happened February 20th at Sheridan Street and N 72nd Avenue. Jason Marshall, 39, slammed into the rear of Arango’s car which was stopped at a red light. Arango was taken to Memorial Regional Hospital where he died.

Police said Marshall’s blood alcohol level was .16 or twice the legal limit.

During Thursday’s hearing he was sentenced to 25 years. Arango’s family wished it had been more.

“I would have like to see 30 years. So many of our young people, the best and brightest, are being killed by people like Mr. Marshall in there,” said Arango’s father James

Arango played outfield for Nova High and was part of their state championship season in 2005.


Newly Named Hollywood City Manager Charged With DUI

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HOLLYWOOD (CBSMiami) — Doug Hewett, named new Hollywood City Manager less than three months ago, has found himself in trouble with the law.

Hewett was arrested for suspicion of DUI on Easter Sunday, April 8th, in North Miami.

Hewett gave two breath samples at the police station which showed his blood-alcohol content levels were .145 and .139, well above Florida’s legal limit of .08.

“I can confirm I was stopped by a Miami-Dade police officer in April on suspicion of driving under the influence. At the time of the incident, I advised each member of the City Commission who expressed their concerns about this serious matter,” Hewett said in a statement Friday. “Given the nature of this incident, I’ve retained an attorney. On his advice, I’m unable to discuss the facts of this case at this point. However, I deeply regret how this may negatively reflect on the city of Hollywood. I look forward to resolving this matter and continuing to serve the city.”

Hewett, 41, began as city manager Feb. 27th. He earns $172,000 a year.

Hollywood Mayor Peter Bober said he’s concerned about the arrest.

“It’s terribly disappointing,” Mayor Bober said. “Any time an employer puts its’ faith in someone and does a background check, does everything that you’re supposed to do and to hear this kind of information early on was very disappointing to myself and i’m sure other members of the city commission.”

Bober also said that Hewitt’s DUI arrest means that Hewett will now be under a microscope.

“His judgement has been seriously called into question and really he has no track record here in the city of Hollywood so we certainly have to watch him very carefully to see if this is not part of some bigger issue,” Bober said.

Bober said city commissioners will likely discuss Hewett’s arrest at an upcoming city meeting. He added that  commissioners could decide to lower Hewett’s salary or change the terms of his contract.


Former Marlin Charged With DUI In Stuart

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MIAMI (CBSMiami) – A member of the 1997 World Championship Florida Marlins team was arrested over the Memorial Day holiday weekend and Charged with DUI.

Last Friday, Kurt Abbott, 42, was pulled over by a Stuart police officer just after 3 a.m. for reportedly driving erratically. According to the officer’s report Abbott, who is Martin County Sheriff’s deputy, drifted off the road several times onto the grassy shoulder, almost striking several trees. The report also noted that Abbott’s vehicle was doing more than 60 mph in a 45 mph speed zone.

The officer noted in his report that Abbott smelled of alcohol, had blood shot eyes and his speech was slurred. He refused a road side sobriety and breath test.

Abbott was arrested and taken to jail where he reportedly became agitated, cursing and yelling at the jail staff while he refused to take a breath test yet again. He was then charged and released on $500 bail.



Hollywood Mayor Calls For City Manager’s Resignation After DUI Arrest

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HOLLYWOOD (CBS4) – Hollywood Mayor Peter Bober is calling for the resignation of the city manager after his recent run in with the law.

Doug Hewett, named new Hollywood City Manager less than three months ago, was arrested for suspicion of DUI on Easter Sunday, April 8th, in North Miami. The arrest caught the attention of the media just last week.

Hewett, 41, gave two breath samples at the police station which showed his blood-alcohol content levels were .145 and .139, well above Florida’s legal limit of .08.

Bober confirmed to CBS4 Wednesday that he was concerned about a number of things regarding the arrest, namely information posted on Hewett’s personal Twitter account where he addressed the incident, and Hewett’s apparent lack of transparency to the City Commission regarding the details surrounding the DUI.

“I can confirm I was stopped by a Miami-Dade police officer in April on suspicion of driving under the influence. At the time of the incident, I advised each member of the City Commission who expressed their concerns about this serious matter,” Hewett said in a statement when details of the arrest came to light. “Given the nature of this incident, I’ve retained an attorney. On his advice, I’m unable to discuss the facts of this case at this point. However, I deeply regret how this may negatively reflect on the city of Hollywood. I look forward to resolving this matter and continuing to serve the city.”

Hewett had no comment when asked about Bober’s request for his resignation.

Hewett began as city manager Feb. 27th. He earns $172,000 a year.

 


Hollywood City Manager Resigns After DUI Arrest

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HOLLYWOOD (CBSMiami) – The fall of Hollywood City manager Doug Hewett finished Friday morning when the Hollywood City Commission voted 6-1 to accept his resignation after three months on the job.

Hewett was arrested Easter Sunday in North Miami for DUI after leaving “Swinging Richards,” a gay strip club in North Miami. Hewett, 41, gave two breath samples at the police station which resulted in blood-alcohol levels of .145 and .139, well above Florida’s legal limit of .08.

During the Commission meeting Friday, there were heated exchanges between Mayor Peter Bober and Commissioner Fran Russo.

Mayor Bober had expressed concern after the arrest became public about Hewett’s perceived lack of transparency with the City Commission regarding the details of the DUI arrest.

Commissioner Russo defended Hewett but Bober, who has been much more critical of Hewett, stood his ground.

“The mayor put on a performance that was outstanding as far as he thought,” said Russo. “I thought it was terrible, he dressed him down like he was dirt under feet.”

Mayor Bober responded, “I’m gonna warn you only one time because you have already violated the rules of the quorum and that is to attack other members of the commission. You are not allowed to attack audience members, you’re not allowed to attack your colleagues so I would just ask you to please tread lightly. We are talking about the current city manager.”

Russo replied, “You are the only one that can grand stand, is that correct?”

He didn’t even acknowledge her comment with a reply and simply gave the floor to another commissioner.

Hewett resigned with a 70-thousand dollar severance package.

“This is a black eye for the city, but we’re moving on,” Mayor Bober said.

Hewett wasn’t in the room at Friday’s commission meeting, but was watching the proceedings on a television in another room.

After accepting the resignation of Hewett, the commission moved forward with a search for a new city manager and until then, naming an interim city manager.

CBS4′s Joan Murray made repeated requests to talk with Hewett, but he declined.

Through city spokesperson Raelin Storey, Hewett gave the following statement.

“I sincerely appreciate having had the opportunity to work with the City of Hollywood Commission, employees and residents.  During my short tenure as City Manager, working together we advanced our community in numerous ways. I hope the work we’ve done to expand the number of citizens who participate in the decision making process continues, as well as the progress that’s been made to rebuild trust and unity between the City and its employees.  While my time as City Manager did not turn out as I would have hoped or planned, I would like to wish the City, my co-workers, and the many residents who welcomed me continued success.”


Former SoBe Club King Avoids Jail After DUI Arrest

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MIAMI BEACH (CBSMiami) – Chris Paciello, the once renowned South Beach club king, made an appearance Monday morning, but this time before Miami-Dade County Court Edward Newman.

Six months after being arrested on South Beach for allegedly driving drunk, Paciello remained stoic as he learned he would not face any jail time.

Instead, Christian Ludwigsen, which is his legal name, had his charge reduced to reckless driving and will serve six month’s probation, perform 50 hours of community service and attend DUI school, said his attorney Michael Grieco.

After leaving court, Paciello said he was “satisfied” with the outcome.

Paciello, 40, had been arrested in the early morning hours of February 17th on a drunk driving charge.

Police said he was driving his dark colored Jaguar recklessly in the area of 7th Street and Jefferson Avenue. They said he was reaching speeds of more than 80 miles per hour. Police pulled him over around 4:30 a.m. at 21st Street and Miami Beach Drive.

Grieco, however, said video of Paciello being booked by Miami Beach Police showed that Paciello was not under the influence.

This not Paciello’s first run in with the law.

He spent seven years in prison for driving a getaway car in the 1993 robbery and shooting death of a Staten Island, N.Y., housewife. Paciello pleaded guilty to murder and robbery and was sentenced to 10 years in prison, which was reduced to seven for his cooperating in mob-related investigations.


Fatal Hit-and-Run Launches Man Airborne For Full Block

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MIAMI (CBSMiami) — A hit-and-run collision left one person dead after the impact launched him airborne for an entire city block.

According to Willie Moreno, Public Information Officer for Miami Police, the hit-and-run took place around 6:15 a.m. Saturday morning.

A black Honda Accord racing down 12th Avenue toward 61 Street struck a pedestrian crossing the street, Moreno said.

The victim was projected onto the windshield, breaking it, then thrown into the air for a full block.

His cap, a shoe and other personal items were found strewn about the street.

“This is something a little bit serious…I’m sad to say,” said Moreno.

Meanwhile, the Accord continued without stopping, running a red light at the intersection of 12th Avenue and 61 Street.

Within one hour, a Miami-Dade Police detective spotted what was believed to be the vehicle and driver involved.

According to Moreno, that person is in custody and is being questioned. He refused a DUI test and will be arrested for DUI refusal.

Blood samples and a toxicology report are expected to provide more information on this crime.

The identity of the person struck will be released once the family is notified.


Family Of Man Killed In Alcohol-Fueled DUI Begs For Help

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MIAMI (CBSMiami) — The family of man killed in a deadly hit and run accident earlier this year are asking for the public’s help in catching his killer.

It was March 3, 2012, just moments before midnight, when Juan Manuel Velez, 25, died in an alcohol-fueled hit-and-run crash.

Velez was traveling north on NW 27th Avenue, approaching a green light at the street’s intersection with NW 21000 block.  At the same time, Maria Santa Chaison was traveling south on NW 27th Avenue in the left turn lane, approaching the same intersection.

She turned left, in front of Velez, causing the crash.

Velez was transported to Ryder Trauma Center, where he later died. During the investigation, it was determined that Chaison, 49, was driving under the influence, with a blood alcohol content of 0.2 (more than twice the legal limit of 0.08).

“She took my baby,” Velez’s mother Lydia Diaz. “He’s still my baby.”

Overcome with emotion, Velez’s family made an urgent plea to public Thursday to enlist their help in finding Chaison.

“You take the chance of driving a vehicle under the influence and you take someone’s life, but not be responsible for it,” said Juan’s brother Jose Velez. “The only thing we want for closure is for her to come in.”

“I want her to turn herself in,” said Diaz.

The night of the accident, Velez was on his way to pick up his long time girlfriend after work.

“I’m still dealing with it,” said Velez’s girlfriend Shalena Butler, “I don’t know if you ever get over something like that, losing someone that you love so dearly.”

Detained after the crash, Chaison was released by the authorities that night.  Now a warrant is out for her arrest.

“Sometimes we have to proceed with the investigation to make sure we put together a well thought out investigation,” said Florida Highway Patrol Trooper Joe Sanchez.  “In this case, we drew blood and had to wait for the results come back.”

Investigators fear Chaison may have fled to her native Honduras.  Anyone with information on her whereabouts is asked to call Crime Stoppers at (305) 471-TIPS.


Polo Executive Tampers With Ankle Device, Goes Back To Jail, Bonds Out

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WELLINGTON (CBSMiami) — A polo executive was sent back to jail after tampering with his ankle monitoring device.

On Wednesday, the Palm Beach County Sheriff’s Office was alerted that Goodman tampered with the device at his Wellington home, where he had been under house arrest since May.

The house arrest sentence was pending an appeal of Goodman’s 16-year sentence for DUI-manslaughter in the February, 2010 death of a 23-year-old man. Scott Wilson’s car flipped into a canal after it was hit by the Bentley Goodman was driving while drunk.

After finding Goodman had fiddled with the device, officials sent him back to Palm Beach County Jail around 11:45 p.m. The Sheriff’s Office said no additional charges were levied against Goodman.

Goodman was later released on a $7 million bond, put under restrictions, and again required to wear an electronic monitoring device.

The South Florida Sun-Sentinel contributed material for this report.


Broward DUI Cases In Jeopardy Due To Botched Drug Testing

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FORT LAUDERDALE (CBSMiami) – Drug toxicology tests taken by the former Broward Medical Examiner are now under fire and it may lead to new trials for defendants involved in DUI cases involved alleged drug use.

“This could be a very big deal,” said Broward’s Public Defender Howard Finkelstein. “It certainly seems to me that someone was not doing the job that was supposed to be done.”

Broward’s new Medical Examiner Craig Mallack discovered under the former ME, the office didn’t follow proper scientific procedures to validate thousands of drug toxicology tests prior to August 24, 2012.

Mallack told State Attorney Mike Satz on Tuesday that he immediately shut down his lab and referred new cases to an independent lab.

In a news release, the Medical Examiner’s Office said 3600 drug screen tests over the past 10 years may be impacted.

Mallack replaced former Medical Examiner Dr. Joshua Perper in April. Perper had been M.E. for 17 years. In August, Mallack discovered the possible problem during an operational review.

In a letter to Satz that Mallack showed to CBS4′s Peter D’Oench, he said, “There is no definitive evidence to suggest the actual results reported were inaccurate; however, the methods used to extract the information were not previously scientifically validated.”

That could have been a critical flaw in the testing.

Finkelstein told D’Oench, “We do know that the method in the way information was extracted from blood was not validated. If the results were not validated, it throws into question anyone convicted of DUI or DUI manslaughter or even murder cases. And it involves not only defendants but blood tests for those who have died as well.”

“What’s important is that if they did not validate the tests from the last 10 years, it’s realistic to think that as much as 30 years before that it was no valid either. It is very possible that no testing of bodily fluids in Broward County history was done properly.”

Satz has told his prosecutors to review pending prosecutions and will proceed on a case by case basis.

Mallack declined to give D’Oench on on-camera interview but he told him that a core sample from 50 recent drug cases has been sent to the University of Florida for testing. The results should be known within a week.

The Broward Association of Criminal Defense Lawyers President Kenneth Hassett said while the results might not be wrong, defendants might deserve a new trial. He said this is like opening up a huge Pandora’s Box, since the ME’s office uses the same protocol for testing victims.

The lack of certification could give attorneys a legal basis to question the drug test results.

The improper procedure was performed when testing for, among dozens of other drugs, cocaine, heroin, oxycodone, hydrocodone, marijuana, amphetamines, Valium, Xanax, sleeping pills and other over-the-counter medications that affect a user’s ability to drive. Not on the list; alcohol or PCP, commonly known as Angel Dust. Procedures to test for those substances were conducted properly, he said.

Hassett said criminal cases aren’t the only ones affected. Civil cases in which plaintiffs have sued for wrongful death or injury may also be called into question and it’s up to each attorney to decide whether to take action on their individual cases.

Hassett told D’Oench, “I think the Medical Examiner believes that over the past 10 years that these tests were not done correctly.”

“If I were your doctor and you came to me and told me you were concerned about a blood disorder that runs in your family and I sent your blood to the lab and I as your doctor said to you, well you tested positive for that blood disease but the method that was used to extract the information I have given you has not previously, scientifically been validated, would you start chemotherapy right after that based on your own doctor? Obviously not.”

D’Oench spoke to Perper by telephone. Perper told him, “I am retired and I do not want to get into this. I do not want to comment.”



X Factor Auditioner Busted For DUI

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DELRAY BEACH (CBSMiami) – A former contestant on the X-Factor stage may be singing the blues after being arrested in South Florida.

Twenty-two year old Highland Beach native Lexa Berman, who auditioned for the X Factor talent show, has been arrested for allegedly driving while drunk.

According to the Sun Sentinel, Berman’s driving was the root of a car crash at the intersection of Linton and South Ocean Boulevards just after midnight Monday. Despite the accident, Berman continued driving before crashing into some bushes and a block wall just down the street.

Once Delray Beach police finally caught up with Berman, she told them she had only had two drinks earlier that night at a show in West Palm Beach. The officer then asked Berman to perform a blood-alcohol test; she blew a .288 and .275 – which is more than three times the legal limit in Florida.

Berman failed the sobriety test and was booked in the Palm Beach County Jail around 3 a.m. She bailed herself out around 8 a.m. Monday.

The Sun Sentinel contributed to this report.


Fugitive Known As “Doctor Mitch” Wanted By U.S. Marshals

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MIAMI (CBS4) – He goes by the name “Doctor Mitch,” but U.S. Marshals say Jean Evra isn’t a licensed doctor, although he’s told women in South Florida he’s an OB-GYN.

The feds say he’s a wanted courtroom no-show for battery on a police officer and an alleged scam artist.

April Rogers, who recently moved to South Florida from Maryland, said Evra is a Casanova.

Rogers claims he passed himself off as a well-to-do-doctor and even convinced her to buy a Mercedes Benz, offering to make the payments.

“He was like, ‘April, you’re going to upgrade your car anyway.  Let’s get a Mercedes.  I’m going to pay for it’,” said Rogers.

Deputy U.S. Marshal Barry Golden said after she got the car, Evra left her “high and dry.”

Jean Evra is wanted for failing to appear in court to stand trial for the alleged battery on a Seminole Police Office earlier this year who pulled him over for drunk driving.

Golden told CBS4’s Brian Andrews that Evra has a history of mixing it up with police.

“In 2007, he was arrested in Miramar for DUI where he attempted to headbutt a female police officer who was taking him into custody,” said Golden.

Marshals say Evra has had his license suspended nearly a dozen times, and is still believed to be behind the wheel of the black Mercedes April Rogers purchased.

“I’m embarrassed I even know this man,” she said.

Evra could be anywhere from South Florida to South Georgia.  April said she recently received a toll violation in the mail from Georgia saying the Mercedes registered in her name had blown throw a toll.  She believes Evra was behind the wheel.

“I bought his story,” said Rogers. “I came here single and ready to mingle, and got into this crazy situation like a nightmare I wish I could forget.”

The Marshals are asking anyone who has seen Evra, also known as “Doctor Mitch” to call their hotline at 877-WANTED2.


Judge Orders Polo Mogul Back On “Mansion Arrest”

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WEST PALM BEACH (CBSMiami) – Wellington polo mogul John Goodman, who police allege broke his ankle monitoring device, was ordered to return to house arrest late Tuesday afternoon.

Goodman’s lawyers said the house arrest monitor was damaged due to ‘normal wear and tear’ but prosecutors accused Goodman of intentionally breaking the police-issued monitoring device.

The hearing was held so Palm Beach County Circuit Judge Jeffrey Colbath could decide whether to revoke Goodman’s $7 million bond if it was determined Goodman did tamper with the device.

Goodman took the stand in his own defense Tuesday in an effort to avoid jail and instead return to house arrest in his Wellington mansion.

John Goodman is accused of trying to remove his ankle's monitoring bracelet, shown here. (Source: Palm Beach Sheriff's Office)

John Goodman is accused of trying to remove his ankle’s monitoring bracelet, shown here. (Source: Palm Beach Sheriff’s Office)

Goodman said he hit the monitor on a glass shower door accidentally and didn’t think it was a big deal.

Goodman was taken back to jail in October after deputies were alerted that something happened to his ankle monitoring device. He had been under house arrest in his Wellington mansion after being convicted of DUI manslaughter.

The house arrest sentence was pending an appeal of Goodman’s 16-year sentence in the February, 2010 death of a 23-year-old Scott Wilson whose car flipped into a canal after it was hit by the Bentley Goodman was driving while drunk.


Miami-Dade Cop Hurt In Accident

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MIAMI (CBSMiami) – A Miami-Dade police officer was slightly hurt early New Years day after the DUI enforcement unit she was using was hit by another driver. That driver, whose name has not been released, has been charged in the accident.

A spokesperson for the Miami-Dade police department said the officer, whose name was not immediately available, was working at US 1 and SW 17th avenue in Miami when her unit was hit by the other car.

She was taken to Ryder Trauma center but her injuries appeared not to be serious, and police officials said they believe she has already been released.

The driver was treated on the scene by Miami Fire Rescue. and was then processed and was arrested – charges pending.


Thousands Walk Like M.A.D.D. At Tropical Park

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MIAMI-DADE (CBSMiami) – About 1,000 people gathered in Tropical Park Saturday morning to “walk like M.A.D.D.”

The walkathon was an emotional fundraising event to help Mother’s Against Drunk Driving (M.A.D.D) continue its education platform and bolster support for families whose loved ones were killed by drunk drivers.

“I carry her heart in this picture and carry her heart in my heart,” said Daymarie Melendez about her daughter, Krystine Bermudez, who was killed by a drunk driver. Melendez said police believe the driver, Eusebio Duarte Guido, is responsible. Guido continues to evade capture by police.

“This man had two licenses,” she said. “On one, two DUIs, and on the other, he killed my daughter and another man.”

That is why Melendez, along with about 1,000 others, gathered in Tropical Park in Southwest Miami-Dade Saturday morning to participate in the M.A.D.D walkathon.

“Some ran the 5k and others walked, but they were hugging and sharing their stories,” said M.A.D.D. Executive Director Janet Mondshiem.

Joined by dozens of people chanting her daughter’s name, Angela Camacho was overwhelmed by the support she’s been given by friends and the M.A.D.D. organization.

“They have just supported us so much. We had to come out and participate in this as a way to give back to them,” said Angela Camacho. Her daughter, Kaely Camacho, was killed by a drunk driver in 2012.

“M.A.D.D. is here to help the families and it’s fantastic,” said Lisa Smith, whose husband, a state trooper, was killed by a drunk driver more than a decade ago. “I am here walking for my husband, Florida Highway Patrol Trooper Robert Smith.”

With each step, Smith and her family felt a little closer to feeling closure, something Melendez says she can only dream about and continue to fight for.

“I will never have another daughter. She was my only child, and I will miss her forever. But I’m asking you to please look at me and help me capture this man,” Melendez said.


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