Michael Camberdella was shot and killed by a Palm Beach County sheriff’s deputy in Boynton Beach, Florida in 2012. According to the family’s attorney, Michael, age 18, suffered from bipolar disorder and had not been taking his medicine. His mother, Linda Camberdella, called 911 after she said Michael became aggressive toward her. She told the 911 operator her son needed professional help to make sure he did not hurt himself or others.
According to an investigative report, Deputy William Goldstein approached while holding his service revolver and ordered Michael to drop the rubber mallet and garden shears he was holding and lie on the ground, which he did. Investigators said that Michael then began pulling “unknown objects” – later identified as rocks – from his pockets and throwing them at the deputy. Goldstein started firing from about 23 feet away, and fired 11 shots, investigators said. The lawsuit stated that one of the shots struck Michael in the heart, killing him.
In August, an appeals court refused to grant Goldstein immunity from the wrongful death lawsuit, affirming the earlier conclusion of a district court that a reasonable jury could find that a clearly established constitutional right was violated when Goldstein shot and killed Michael.
The lawsuit claimed that Goldstein failed to use proper police techniques such as calling for backup or a crisis team.
If you need to speak with a wrongful death attorney or lawyer, Call Joyce & Reyes at 1.888.771.1529 or visit more of http://www.joyceandreyespa.com/.
The post Florida wrongful death lawsuit settled for $1.7 million first appeared on SEONewsWire.net.]]>(1) It is unlawful for any person who has chancroid, gonorrhea, granuloma inguinale, lymphogranuloma venereum, genital herpes simplex, chlamydia, nongonococcal urethritis (NGU), pelvic inflammatory disease (PID)/acute salpingitis, or syphilis, when such person knows he or she is infected with one or more of these diseases and when such person has been informed that he or she may communicate this disease to another person through sexual intercourse, to have sexual intercourse with any other person, unless such other person has been informed of the presence of the sexually transmissible disease and has consented to the sexual intercourse.
(2) It is unlawful for any person who has human immunodeficiency virus (HIV) infection, when such person knows he or she is infected with this disease and when such person has been informed that he or she may communicate this disease to another person through sexual intercourse, to have sexual intercourse with any other person, unless such other person has been informed of the presence of the sexually transmissible disease and has consented to the sexual intercourse.
Therefore, knowledge is an important element of this crime. That means a prosecutor must prove the person charged with this crime knew they had the sexually transmitted disease (STD) and knew the disease could be passed to a sexual partner. It is also a defense to the crime if the infected person informs their sexual partner prior to engaging in sex that they are infected.
Who has the burden to prove the defense? This is an important question for anyone charged with this crime or other crimes that have defenses such as Carrying a Concealed Weapon or Firearm in Florida. This is also why it is important you retain an experienced criminal defense lawyer who knows how to interpret statutes to insure you get every defense possible if you are charged with a crime. In the STD transmitting criminal case, the prosecutor bears the burden of proving that the alleged victim was not informed that the Defendant was infected with an STD. That is because the defense is contained in the actual, enacting statute. This may be simple to do by just having the alleged victim testify that they were never informed about the STD. However, if the prosecutor does not present any evidence as to this fact, the case would be dismissed at trial.
In the Carrying a Concealed Firearm case, it is an affirmative defense to prove the person charged with the crime had a license to carry permit. That means the Defendant must present evidence in order to receive the benefit of this defense. That is because the affirmative defense to the crime is contained in a clause subsequent to the Carrying Concealed Weapon statute and is a “subsequent clause.” Thus, the prosecutor does not have to prove the absence of a license. State v. Robarge, 450 So.2d 855 (Fla. 1984).
What are the penalties for unlawfully transmitting HIV or a sexual disease? It depends. The penalties are contained in Florida statute 384.34 “Penalties”.
In the officer’s case, he was screened for testing when he was first hired as a police officer. That would allegedly give him knowledge of the STD virus. It is mandatory that all police officers are screened for STD’s as part of their pre-employment screening before being hired on the police force. Because there were more than one alleged victim, he is being charged with two counts of criminal transmission of HIV as a first-degree felony and faces 30 years in prison for each criminal count. There was allegedly one more victim, but the statute of limitations ran out on that act. A potential defense to be argued will be whether either or both counts could be charged as 1st degree felonies. The legal defense or question being is a person charged under this crime required to be convicted of at least one offense before they can be charged with a 1st degree felony? The defense will argue he was never convicted of this criminal charge before, so there have been no criminal violations necessary to aggravate the charge to a 1st degree felony. This could mean the difference between 60 years in prison maximum he faces or 10 years in Florida State Prison.
Sex crimes or sexually related crimes are very serious under Florida law. If you have been arrested for lewd battery, transmission of an STD, possession of child pornography retain an experienced sexual crimes defense attorney to fight for you in court.
CALL AND SET YOUR FREE OFFICE CONSULTATION NOW!
Thomas C. Grajek 863-688-4606
The post Florida police officer charged with having sex and not informing his sexual partners he was infected with the HIV virus. first appeared on SEONewsWire.net.]]>