Articles Posted in Murder

As 2017 was coming to a close the last act performed by Marlin Joseph was allegedly murdering his 36-year-old girlfriend, Kaladaa Crowell and her 11-year-old daughter Kyra Inglett.

After the double murder occurred, Joseph went on the run taking Cromwell’s gray 2012 Toyota Camry. The BOLO (Be on the lookout) issued by authorities specified that the car Joseph was last seen driving had a Bethune-Cookman specialty license plate BA0MJ. His description signified his hair styled in short dreadlocks, a cross tattoo between his eyes, as well as a large tattoo on the right side of his face. He was listed at 5’10”, 180 lbs. wearing khaki pants with no visible shirt at the time of the shooting. Police were concerned that he might have changed his appearance.

A five thousand dollar reward was offered by the US Marshal’s Service in conjunction with the West Palm Beach Police Dept. for any information leading to the whereabouts and capture of Joseph, but no one cashed in on the money when the Marshals tracked him down without any help from the public. Joseph was found hiding in an apartment complex in Lake Worth through what the Marshal’s service touted as their normal investigative process. He was taken into custody on New Year’s Day wanted on two counts of first-degree murder.

The four boys were attending a party in Homestead when they apparently got bored and decided to leave. They drove around the area for a while in Quentin Vicks’ Ford Taurus stopping at a liquor store before moving on to the area of Mr. Vick’s neighborhood of Hidden Grove.

At the same time the four young men were en route to the South Miami apartment complex. Robert Nelson was making his rounds for his employer; 50 State Security, in his company car. He had previously worked as a flight attendant before taking the armed yet un-uniformed security job. Their paths crossing ended in tragedy with the ambush style murder of the security guard.

Nelson was well liked at the apartment complex which was located at the intersection of Southwest 271 Terrace and 138 Avenue close by to the Crystal Learning Center. One neighbor who was interviewed recalled Nelson helping his wife to the door of their apartment in the late night hours when it was very dark outside. “He shined the light on my doorway so my wife could come up the steps,” the neighbor said. Others living in the complex also had only good things to say about the security guard.

Retired Air Force Major Thomas Maffei’s attorney argued at trial that in addition to his client suffering from diagnosed PTSD, panic disorder, and major depression, he was recently tormented by severe insomnia and just returned from the VA clinic the day he shot his estranged wife and ex-father-in-law in front of their screaming four year old son.

His lawyer went on to say that on the day of the shooting Maffei was exceedingly anxious and made the trip to the VA clinic to have his medications adjusted. The clinic added a high dosage of Oxycodone to the opiates, other pain medications and added a new prescription.

Maffei was charged with two counts of attempted first degree murder, aggravated assault with a deadly weapon, armed burglary, two counts of false imprisonment and child abuse.

In last month’s blog post, I began the story of Dalia Dippolito, a Boynton Beach woman who was convicted of the attempted contract killing of her husband, and then sentenced to twenty years in prison for the charge of solicitation to commit first-degree murder with a firearm in 2011.

The incident was initiated after Boynton Beach Police were tipped off that Mrs. Dippolito was looking for someone to kill her husband Michael.

Mrs. Dippolito’s solicitation was offered to a person who turned out to be an undercover police officer, posing as a hitman who she paid $7000 to commit the crime.

The scene opened with a text placard reading:

Contract Killing

It then fades out to a passage showing the entrance of the Boynton Beach Police Department where the narration by a detective begins as follows:

“We received a call that was transferred into our detective bureau related to a woman who wanted to hire a hitman to kill her husband”.

This article is about the case of a Clearwater High School teacher named Cara Ryan who admitted to the shooting death of her ex-husband, John Rush, a retired Sergeant for the St. Petersburg Police Department.

You can find the lead-in to this blog post on my Website by clicking here

Ms. Ryan was arrested and charged with second-degree murder in March, 2015. Investigators didn’t believe that Ryan lured Rush to the apartment with the intent to kill him.

Her bail was originally set at $500,000 but was cut in half by the same Circuit Court Judge a few days later.

The judge stated that although the evidence against Ms. Ryan was “pretty significant,” her family ties in the area made her a low flight risk. She was released on bail the following morning, about a week after her initial arrest.

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If you or someone close to you is accused of any type of the many serious types of charges associated with a homicide it is essential to consult with knowledgeable criminal defense attorney who specializes in these types of cases at the earliest possible time before or after charges are filed.

Although innocent until proven guilty, it is conclusive by his own statements to detectives that Andres Diaz shot and killed Ricky Iglesias during an incident of road rage which occurred on a street in Southwest Miami in the twilight hours late last month. The single gunshot wound to Iglesias’ chest ultimately led to his death.

A conviction for a second degree murder charge tried as a first degree felony can lead to a sentence of up to not less than 25 years in prison. The prosecution may also request a lengthier sentence depending on the circumstances, including life in prison.

In November of last year, a jury found Rafael Andres guilty of the first-degree murder of Ivette Fariñas, a waitress who worked at Miami International Airport. He was also found guilty of first-degree arson for the fire he set in her home in his attempt to destroy the evidence of the crime he committed, as well as robbery with a weapon, and burglary with battery.

The evidence against the handyman was damning to say the least. Moments before the victim’s home went up in flames a neighbor identified him fleeing from the premises with a gas can in his possession. Secondly, a washcloth, covered with blood that contained DNA that matched his was found in close proximity to the body, not destroyed by the fire. It was also discovered that after the time of Fariña’s death, Andres used her debit card to make cash withdrawals from an ATM, make purchases at a Home Depot, fill up his car with gasoline, and book a room at the Miccosukee Resort and Casino.

This also was not the first time that Andres was found guilty for a homicide charge.

Almost thirty years ago he was convicted for the fatal beating and stabbing death of Linda Azcarreta who was an apparent friend of his at the time of the homicide. Azcarreta’s son Rene, who was seven years old at the time of the crime, found his mother’s body in their Miami home. Now, thirty-five years old he was present at the sentencing for Andres’ current crime and broke down when the details of his mother’s murder were discussed during trial. He was comforted by Luisa Moya, the 63 year old mother of Andres’ latest victim.

However, Andres who agreed to a plea agreement of nine years for the first homicide only served eighteen months in prison for that crime based on good behavior as well as the then-overcrowded prison system.

After hearing all the evidence against Andres in the primary trial for the killing of Fariñas, it took the jury approximately nine hours of deliberations to return a verdict of guilty of all charges listed in the criminal complaint against him.

A month later, during the penalty phase, the jury recommended that Andres be put to death by a vote of 9-3. Florida is the only state in the nation where only a simple majority is required for a sentence of death to be instituted. Early last month, Miami-Dade Circuit Court Judge Dava Tunis affirmed a resounding confirmation by formally sentencing Andres to death fulfilling the wishes of the majority of jurors.

She spoke directly to Andres as she handed down his sentence stating “As you tightened the cord around her neck, she was alive. She was losing her ability to breath. Duct tape was tightened around her nostrils while you deliberately, atrociously and cruelly tightened that cord around her neck.”

This story was first reported on my Google+ page on May 6, 2015. To read my post along with the corresponding newspaper article associated to it click here and scroll down to the matching date.

Although Andres will be jailed directly, it will likely take many years before he faces the ultimate legal penalty. The last person to be executed in Florida for a capital crime was Johnny Shane Kormondy, who was convicted as the leader of a home invasion robbery where a banker from the Florida panhandle was murdered and his wife was raped in July, 1993. He was sentenced eleven months later. From the commencement of his incarceration he filed numerous appeals through his attorneys’ including a last minute appeal that delayed his execution by nearly two hours but was ultimately denied by the Supreme Court. He was executed on January 15, 2015, more than twenty years after his sentence was imposed.

At the time of the writing of this blog post, twenty two persons have been executed in the State of Florida during the twenty-first century. The next person in line for execution is Jerry William Correll. Correll was sentenced to death nearly thirty years ago for the murders of his ex-wife, her mother and sister, as well as his daughter in a brutal stabbing frenzy. However, in this case, the execution has been stayed pending a US Supreme Court decision which will hear a case involving lethal injection protocol due to a botched execution in Oklahoma. The Florida Supreme Court said it “must err on the side of extreme caution” and decided to stay the execution until the opinion of the highest court is decided since Florida uses the same method.

To read further about capital crimes, visit this page on my Website. The definition as well as an explanation of the two-phase process can be found along with my personal experience and the history of capital punishment accessible by the link at the bottom of the page.

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When police responded to a 911 call made by an agitated North Miami woman whose husband was murdered while playing with the couple’s 20 month old son the previous month, they found the bullet riddled body of Ilam Nissim who had been shot numerous times by the 911 caller, Janepsy Mesa Carballo.

Carballo, 35, first called police emergency to report a battery, but called again a short time later telling the dispatcher that she shot an intruder.

When police arrived at the scene, she told them that she was in the process of transporting furniture out of her home located on NW 12 Avenue in North Miami, while packing to move. When she went back into the house to get more items she found Nissim suddenly appearing in a hallway. She went on to say that Nissim grabbed her by her blouse; ripping it, and demanded to know the whereabouts of a warehouse where her late husband stored his possessions. She explained to police that she then watched him turn his head and body in a threatening manner, leading her to believe that he was reaching for a gun. Believing her life to be in danger, she ran into a room of the house to retrieve a gun of her own and shot him six times. She went on to say that she feared for her safety and the welfare of her son, believing Nissim had intentions of harming them.

Fred Topous Jr. is a registered sex offender who pleaded guilty in 1999 to the charge of assault with intent to penetrate a thirteen year old minor female who just happened to be his boss’s daughter. He can easily be labelled a career criminal as his records show that he’s either been imprisoned or on parole for all of but three years between the years of 1984 and 2006 for three individual criminal convictions.

But after his release from prison in 2006, Topous hit the lottery… I mean he literally hit the lottery!

In 2008, Topous picked the six winning numbers in Michigan’s $57 million State Lottery. The proceeds netted him a whopping thirty-four million dollars in a one-time lump sum payout.

In some cases, ex-convicts’ who have significant amounts of money or receive windfalls after their release have been ordered to give a substantial amount to the state to cover the expense of their upkeep for the period of time they were incarcerated. But in Topous’s case, the attorney general’s office didn’t pursue any economic payback. So to sum it up Topous got to keep the full payout, his debt to society already paid in full.

But this article isn’t about Fred Topous Jr., not directly at least. This is a story about Murder for Hire.

In late 2009, Topous began a business venture with a well-known area lawyer named Clarence K. Gomery. Together they purchased what was originally a golf course and redeveloped the property into Northern Meadows, a wedding and banquet facility by way of the newly formed company. T&G Real Estate Development LLC that Gomery setup. Before going into private practice Gomery held the positions as an Assistant County Prosecutor as well as County Prosecutor in two separate jurisdictions.

The purchase was made for $500,000 of which Gomery didn’t contribute any funds. However, Gomery had Topous sign a document which was subsequently altered (as decided in a civil suit judgment) to indicate Gomery as fifty percent partner on the property deal. Gomery’s law firm Gomery and Associates, also handed Topous a bill for legal services rendered in the amount of $25,000 which Topous paid. Topous charged that he paid approximately $500,000 and didn’t receive accounting of the purchase of the property. During the course of its operation, T&G Real Estate Development LLC only received one payment of $1500 from Northern Meadows.

Hence, Topous sued Gomery in the 13th Circuit Court on the grounds that he had made several demands requesting the operating accounting and the agreement but received no satisfaction. He hired Chris Cooke to act as his attorney in the case.
According to court documents Gomery had primarily refused to produce any books, records, or accountings. Attorney Cooke charged that Gomery “induced” his client to invest funds in the new business and then “used the business to host weddings for family members at Plaintiff’s expense.” According to court documents the attorney also accused Gomery of “fraudulently editing the operating agreement giving him fifty percent ownership and fifty percent interest in the property with no monetary investment on his own part.” He also claimed that Gomery named Topous as the responsible party for property taxes associated with the property owned by the newly formed LLC.

Last May a jury established that Gomery did indeed induce Mr. Topous into the agreement by violating ethical rules as well as committing malpractice and fraud by altering the operating documents at the same time he collected $25,000 from his new business partner under the pretext of settling a lawsuit which threatened Topous’ brother, Jeff, by making it “go away.”

The jury awarded the property to Topous in full with exception of $13,000 which went to improvements made by Gomery before the lawsuit was filed. Besides losing the property Gomery was ordered to pay Topous $314,000 to cover court costs and attorney’s fees. Additionally, Judge Thomas Power issued a sanctions order against Gomery in November. The following April, Gomery filed for bankruptcy placing his payment obligation on hold. Topous then opposed the stay of debtor payments.

It is not clear exactly when and the reasoning behind it, but at some point Gomery came to the conclusion of having Mr. Topous’s lawyer killed. But it’s easy to speculate that perhaps he felt the lawyer did too good a job which ultimately caused him to wind up in his current dilemma.

But Dale Fisher, the man that Gomery allegedly hired to kill the lawyer said “That he [Gomery] had just lost so much money in the lawsuits and that he was interfering in his bankruptcy and it was destroying his life… It was destroying his wife, his family.”

Gomery knew Fisher when he hired him to do some work at his home and arranged a meet in his office to discuss his “detailed plan”. But what Gomery didn’t count on was that Dale Fisher was a man with a conscience.

Fisher agreed to meet in Gomery’s office on several occasions and then alerted police to Gomery’s plan which would be carried out using him as the instrument. He also told police that he was paid $1000 to purchase a rifle with a payment of $20,000.00 pledged to be paid after the deed was done. In a later interview, Fisher was quoted as saying “I couldn’t fathom why somebody would choose me to commit such a heinous crime.”

Fisher also alerted Cooke to the threat who was stunned at the revelation. He later said that he “went to the authorities and they acted expeditiously to analyze the threat.”

Upon learning of the plot, police had Fisher meet with Gomery at his home while wearing a listening device. They heard Gomery and Fisher discuss the type of weapon that was to be bought and where it was to be purchased, how the murder would go down and where and when it would happen.

Gomery was arrested in mid-July after detectives tracked him down at his daughter’s home; but not until after a drawn out drama and negotiation with police transpired. Police units from five different departments arrived at the scene to assist with the arrest. He was first contacted by police in mid-evening on the evening before his eventual arrest. When a detective first contacted him he allegedly told him that police would need to prepare to “dig in… it was going to be a long night.” After that first exchange, police surrounded his daughter’s house and decided to just wait it out, instead of breaching the home to take him into custody; avoiding an unpleasant and possibly dangerous confrontation.

At approximately 9:30pm, one of the detectives made contact with the suspect by phone and told him they were waiting for him at his own home. He asked him to go there as an arrest warrant had been issued. The detective explained that Gomery told him that he wasn’t prepared to do that “due to the fact that he does not want to sit in jail overnight.” Afterward, Gomery turned off his cell phone while police continued their surveillance and established a perimeter around the home. Attempts by a detective to contact him by way of a bullhorn from the driveway of the house were unsuccessful as Gomery stayed put.

At approximately 4:00am that following morning, police noticed lights being turned on in the house. Not long after that, Gomery’s wife exited the house and entered an SUV in the driveway. She was immediately stopped by police while in a separate SUV, Gomery’s daughter and her passenger being the suspect attempted to leave. When stopped by police his daughter told them they were preparing to drive to the County Jail where her father intended to turn himself in. Gomery was then taken into custody.

He is now facing the felony of soliciting murder. Because the crime involved the carrying of a weapon with unlawful intent he will also face a separate charge of solicitation of a felony.

After his arraignment by a District Court Judge he was remanded to the County Jail on a $5 million cash surety bond.

Two days after his arrest Gomery answered a motion that was filed by a U.S. Bankruptcy Court to dismiss the case.

In District Courtroom testimony Fisher affirmed that there was a plan in place, devised by Gomery to kill Cooke using him as the assassin along with the specifics of the plot and the amount to be paid.

The case continues… Check back here for updates as it moves toward its conclusion.

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