The Palm Beach Sheriff’s Office arrested Agustin “Froggy” Gonzalez of Albatross Road in Delray Beach (off Dixie near The Wick) for solicitation of a minor, traveling to meet a minor, and at least one other charge. Gonzalez is a “two time Emmy Award winning Director of Photography.” It appears he won Emmys in 2018 for “News Promo – Image” and another for Lighting, both for KMGH-TV in Denver.
Detective Malory Wildove was online undercover as part of a task force. She began a conversation with someone identified as “Froggy”, told him she was only 15 years old, and the conversation continued over the course of a month with sexually explicit details including offers of cash for sexual acts, culminating in a meeting in West Palm Beach where Gonzalez was arrested.
Gonzalez’ professional website is: dpFroggy.com and he is on Facebook as well where comments related to his arrest are starting to appear.
Detectives believe there could be additional victims.
Anyone with information is urged to contact Crime Stoppers at 1-800-458-TIPS or you can remain ANONYMOUS by downloading our new app “PBSO” for your Apple or Android Smart Phone and using the “See Something” feature. The app can also be downloaded from www.pbsoapp.com.
Single point of entry is one of the latest stupid ideas in school security. After the Marjory Stoneman Douglas shooting happened next door to our community, the clamor for school security grew louder. The same Broward officials whose incompetence failed to prevent the shooting have been elevated by the media as experts.
Broward Schools superintendent Robert Runcie is touted in the Miami Herald with his plan: “The goal of the new measures is to create a single point of entry at schools.” Runcie is the “leader” whose “Promise” program kept Nikolas Cruz from being criminally prosecuted before the shooting. Criminal prosecution, even just with probation, might have prevented Cruz from getting and keeping guns.
Anyone who understands guns and game plans a school shooting can see the idiocy of single point of entry. Consider the photo below:
Imagine this area filled with 2000 students trying to get into the building and then picture how this looks to a psychopath with a rifle 100 yards away. It’s that stupid.
We had the joy of experiencing other stupid safety measures Thursday at the West Boca High football game against Palm Beach Lakes. Game time for all county high school football games was moved from 7 pm to 6 pm. Other than making it difficult for working parents to see their kids at the games, this accomplishes nothing. We also experienced the “clear bag only” policy which meant no camera bag for this journalist. I offered to let them search the bag, but they declined and I had to put it in my car. Yes that’s only a minor annoyance for me, but it’s also a minor annoyance for thousands of others.
$300K wunderkind Donald Fennoy heads the Palm Beach Schools. He admitted that these moves do nothing to address the shooting outside Palm Beach Central: “The measures announced Sunday would likely not have changed the outcome, Fennoy conceded.”
I’m not the first person to write about the stupidity of the school security mania. Lenore Skenazy, the free range children advocate, aptly described it as Security Theater for Schools. For those unfamiliar with the term: “Security theater is the practice of investing in countermeasures intended to provide the feeling of improved security while doing little or nothing to achieve it.”
Skenazy put it this way: “Schools are piling on the procedures as if the fact that someone, somewhere experienced a terrible tragedy once means that everyone, everywhere is at risk of terrible tragedies all the time.”
Fear makes folks irrational, which explains why any of these measures morphed into bona fide rules. But now that we’ve had a little time to think, it’s time to re-examine them with the kind of clearheadedness an 11-year-old recently showed.
“They want everyone to go in and out of the same door,” her mother explained. Whereupon the daughter wondered, “Won’t that just make it easier for someone who wanted to shoot or bomb people, because everyone will be in the same place?”
Whenever someone criticizes security measures, we hear the inevitable cry: “We have to do something!”. First of all, no we don’t. And second, we don’t have to do something stupid.
All these security measures cost money, which means less money to spend on things that might actually help, like good teachers. But don’t worry folks. Whatever we do, no administrator will be left behind.
The State Attorney’s office for Palm Beach County, run by Dave Aronberg, botched the murder prosecution of Tilus Lebrun, who killed West Boca’s Jimmy Karaloukas at the victim’s Jimmy the Greek restaurant.
Lebrun was just found not guilty by reason of insanity on Monday on all charges including subsequent incidents of felony battery on law enforcement officers.
Insanity is established when:
(a) The defendant had a mental infirmity, disease, or defect; and
(b) Because of this condition, the defendant:
1. Did not know what he or she was doing or its consequences; or
2. Although the defendant knew what he or she was doing and its consequences, the defendant did not know that what he or she was doing was wrong.
Mental infirmity, disease, or defect does not constitute a defense of insanity except as provided in this subsection.
(2) BURDEN OF PROOF.—The defendant has the burden of proving the defense of insanity by clear and convincing evidence.
West Boca News obtained a copy of the psychologist’s report that was prepared for the prosecution. The report starts off with the question asked by the prosecution:
“Whether Mr. Lebrun was legally sane at the time of the offense.”
If you read the statute, that is not the correct question. It is overly simplistic. The psychologist should have been asked to address the language of the statute.
It seems clear that the psychologist would have answered yes to part (a) of the statute – that Lebrun had a mental disease. But the bigger issues are in part (b). Did Lebrun know what he was doing? If so, did he know that what he was doing was wrong?
Those two questions are not addressed in the prosecution psychologist’s report. But the evidence shows Lebrun knew what he was doing. The probable cause affidavit reflects a statement he made right after he was arrested:
The unanswered question is whether Lebrun knew that what he was doing was wrong. For that we know under Florida law that it was his burden (or his lawyer’s) to prove that by clear and convincing evidence. This is a high standard to meet for the defense.
There’s a recent example of this in a case out of Orlando, Rodriguez v. State. In that case Rodriguez had the same diagnosis as Lebrun (paranoid schizophrenia) and the insanity defense was similarly based on hallucinations and delusions. The jury found Rodriguez guilty* even though seven defense expert witnesses testified he was insane and the prosecution did not offer an expert witness.
The appeals court noted in Rodriguez that:
the jurors were free to consider Rodriguez’s hallucinations and delusions as evidence of whether he suffered from a mental infirmity, disease, or defect, [but] they were only permitted to consider whether this condition caused Rodriguez at the time of the offenses to not know what he was doing or the consequences of his actions, or whether he knew that what he was doing was wrong.
Due to blunders by Aronberg’s office the victims and their families were deprived of a fair hearing on this important issue. An Orlando jury faced with similar facts denied the insanity defense. Lebrun’s insanity defense should have been determined by a Palm Beach County jury.
*Although the Rodriguez case was reversed on appeal (on a technical legal issue related to jury instructions), Rodriguez pled guilty before the second trial. He was sentenced to 30 years and later committed suicide in prison.
A wild incident took place on Saturday at the Sandalfoot Publix here in West Boca Raton. Devaris Frederick of Hollywood Florida allegedly stole a woman’s purse while in the line waiting to pay the cashier. He ran out of the store and into a waiting U-Haul van. Comically as the van drove off, witnesses say Frederick fell out of the back door of the van.
Witnesses then chased Frederick, tackled him, and held him down until deputies from the Palm Beach Sheriff’s Office arrived. Deputies also found a crack pipe in Frederick’s possession, but no lingerie.
FDLE records indicate Frederick has a substantial criminal history including two lengthy stays in some of the finest all-inclusive resorts the State of Florida has to offer.
Broward County court records reveal Frederick had just been released from jail on a pending felony grand theft charge with an electronic monitoring agreement that means he should have had a GPS device on his ankle. It was not mentioned in the probable cause affidavit. He may be returning to a state prison in the near future.
We are hoping to get video from this incident, either from PBSO or possibly from locals who were reportedly recording on scene.
A crime drama unfolded right on the edge of West Boca. Almost as interesting as the crime is the story of their dramatic change of appearance over the past year. The photo above left was taken in early 2017. The photo on the right is from their recent mugshots.
Details from the Palm Beach Sheriff’s Office (PBSO) indicate:
On June 26, 2018, the HUSBAND/WIFE team, suspects; Brandon Froum, and Mirabehn Froum, were inside 7-Eleven when they attempted to steal/conceal items and flee, when confronted by the clerk, Mirabehn sprayed a chemical spray in the clerks face. After a brief struggle the suspects fled in a Toyota 4Runner.
Both suspects were apprehended during a traffic stop in unincorporated Delray Beach on Thursday, July 19, 2018. This husband and wife team are now currently residing in the PBC Jail.
PBSO released photos from inside the robbery scene:
The Mobil Gas Station is located in the 13500 block of S. Military Trail, Delray Beach, a few miles north of the Boca-Delray line. The arrest was reported to be in “unincorporated” Delray, which is generally what we call West Delray, again just north of us.
As usual there’s more to the story. Mrs. Froum has had two misdemeanor cases this year, retail theft in January, and possession of narcotics equipment in March, both resolved in May with guilty pleas. Mr. Broum had a felony arrest in March which is still pending in the courts. In that case he’s accused of “aggravated battery”, and the probable cause affidavit indicates Mrs. Froum was involved. Part of that affidavit is below, and even the police officer notes Mr. Froum’s change in appearance:
Froum allegedly stabbed the victim in the arm with a large kitchen knife. His bond in that case had been set to $50,000 ($25K each on two counts) and he was bailed out on April 9th. The aggravated assault count was dropped but the aggravated battery remains pending. His bond was revoked as a result of the new arrest. Mrs. Froum’s bond on the new charges is set at $100,000 on each of two counts – Felony Petit Theft and Felony Battery.
We don’t know how their criminal case will work out but they may have potential for a reality TV show about weight loss and makeovers.
It should be noted that the appearance of the two individuals is so dramatically different that we can’t rule out the possibility this is some kind of identity theft or fraud. We think they’re the same people, but we’re not sure.
Since the Parkland shooting there has been a lot of talk about how to make our schools safer. Instead of getting into standard gun control or gun rights talking points, here are three common sense ideas that would actually make our schools safer and could actually get done if people got behind them. 1. We need a better process for putting dangerous kids on the list for background checks. Almost anyone who looks at the Parkland shooter’s history sees that he should not have been able to legally buy or possess a gun. Broward officials in the school district, DCF, and Sheriff’s office knew enough that they should have done something, but it’s not that easy to get it done.
If a school, county agency, or law enforcement sees a kid who repeatedly demonstrates violent behavior, there should be a way of flagging them so that they show up on a background check. The main background check system, known as NICS, is federal and run by the FBI. So fixing this requires Congress to act, and then requires local and state entities to follow through.
Any such change would need to address due process. The kid and his family should be notified that he is being put on the list, and have the right to a hearing. And there should be reasonable standards – one minor scuffle in third grade shouldn’t be enough put a kid on the list.
There would be some resistance to this idea from the extremes of the gun rights community. I’ve already been yelled at for this. But I’m pretty extreme and I think we should do this. I don’t think the NRA would oppose this and I’m not sure the more radical Gun Owners of America would either.
While I’m on this subject, I suggest that every parent ask their kids if they know of anyone in their school whose history is in any way similar to the Parkland shooter. The odds are that there are one or more like him in most schools. If you find out there is such a kid, do something about it. Talk to other kids and parents. Talk to the school. 2. This one will get a lot of readers angry but take a breath and read the whole thing. You still might like #3. Someone with a concealed carry license can carry a concealed firearm in toy stores, on playgrounds, in malls and restaurants, in concerts and almost everywhere you and your kids go. But in schools they can’t legally protect themselves and those around them.
So let responsible, licensed adults carry concealed in schools. In Florida this would require the state legislature to eliminate exceptions 9 and 10 in Section 790.06(12)(a).
Many readers will not like this. Right now you have several arguments bouncing around in your head. Every single one of them applies equally in the settings mentioned above, where “good guys” are allowed to carry guns. This is just common sense.
People are calling Coach Feis a hero. That’s nice. But if Coach Feis had been carrying a pistol he might have stopped the shooting and saved a lot of lives.
In a typical high school there are roughly 100 adults. If 10% of them carry concealed, that’s an extra 10 people who can stop a shooter. Adding one police officer or security guard doesn’t come close.
Now to be clear, what I’m suggesting would not require any extra training or special approval from anyone, and no one is forced to carry. There are other proposals out there that would require school or sheriff approval and substantial training. I don’t think that’s the best way because it would cost a lot and reduce the number of people ready to protect our kids. A reasonable compromise might be something like an 8-hour course on the special circumstances of carrying in a school.
This idea is unlikely to happen. Gun control leaders will blindly and angrily refuse to consider it because they’re not really interested in common sense steps that would make our kids safer. They just want to ban guns wherever they can. 3. There are longstanding and mostly positive movements in education where kids with special needs are not removed from the general student body, commonly known as “mainstreaming” or “inclusion”. Those two are not identical but the idea is that these kids will do better in life if they spend all or most of their time with regular students. In the past they were more likely to be sent to special schools or special classes within the schools. For most kinds of special needs, mainstreaming and/or inclusion are great.
Violent kids are different. They should not be mainstreamed. They should not be included with the general student body. We had our own personal experience with this a few years ago. Our kid wasn’t hurt but a friend’s kid was. We (four lawyer parents) fought like hell to get the dangerous kid out and we succeeded. It shouldn’t have been that hard.
The Parkland shooter was trouble since elementary school. The district knew. The teachers knew. The county knew. The sheriff knew. He was kept in regular schools and he was bullied. He got in fights, one video of which was widely publicized a couple days ago. That kid should have been in a special school getting special attention for his problems. It would have been better for him and a lot better for everyone else.
This is another area where we have to assure due process. But the pendulum has swung too far. We need to make it easier to remove violent kids from the general school population. Closing Thoughts
For those who are really concerned about saving lives, we could start with our own foreign policy. We have troops in 177 countries and we’re bombing 7 countries. Our government is killing lots of innocent people. Does anyone remember when people opposed our government doing that?
We could also end the drug war. Sure you can say we’ve only tried it for 104 years (since the Harrison Narcotics Act of 1914) and it’ll start working soon. But maybe, just maybe, it’s time to recognize that prohibitions don’t work and increase crime.
That leaves my favorite issue – roundabouts. Carmel Indiana converted over 100 intersections to roundabouts. Traffic fatalities fell by 80% while they went up in neighboring Indianapolis. We can save lives by making our roads safer. Those lives matter too.
Last week we shared a Facebook video of a fight in South County Regional Park. The video had been posted by Shakeel Munshi and a reader tagged us in a comment.
The video shows his daughter being hit by two or three other girls while several other kids watch. Mr. Munshi’s post claims that she “was getting bullied … because she was Muslim.” In his original post (before he edited it) he also claimed that it happened at West Boca High School, that his daughter was wearing an anti-bullying t-shirt, and that she did not fight back.
Mr. Munshi’s Facebook video now has over 2.7 million views. It went viral because of his lies and that led to a surge of phony outrage from around the world. We received numerous comments, negative reviews, threats, etc. from just about everywhere. The City of Boca Raton and their police department were wrongly targeted by this mob, even though the incident happened outside city lines and had nothing to do with them. The Palm Beach Sheriff’s Office and the school district were also besieged by the mob.
The father’s lies contributed to all of this. First of all as we learned from numerous sources and now confirmed by the Sheriff’s investigation, this had nothing to do with religion. The Sheriff’s office sent out an update this morning:
PBSO deputy met with West Boca Raton High School officials and confirmed the identity of all the suspects involved. The suspects and their families have been interviewed. All participants agreed the fight was over “a boy” and “a video that was circulated”. All parties AGREED to meet and to fight and a specific location and time. PBSO Deputy is preparing paperwork to charge the suspects involved with Simple Battery. Once complete, the investigation will be submitted to the state attorney’s office. THERE IS NO EVIDENCE OF A HATE CRIME.
It should be noted that generally the police and schools are required to protect the privacy of minors. We do not expect that they will publicize the kids’ names, the specific charges filed against them, nor the results of any court proceedings or school discipline. It is also unclear whether the “victim” will also be charged since the evidence indicates she agreed to meet and fight and there is video evidence of her fighting.
Among other lies, the father’s claim that she was wearing an anti-bullying t-shirt was obviously false. In the video you can easily see that she’s wearing a Bulls Football t-shirt. The West Boca High football team is known as The Bulls.
He has since edited his post to remove that claim.
He continues to maintain in his post that his daughter did not raise a hand to fight back: “She didn’t picked up a hand because don’t want to fight back.”
This is also a lie as demonstrated in a video showing a different angle of the fight:
If you look at Munshi’s video post again, you can see that the video was edited. It starts after the beginning of the above video so you don’t see her fighting back. And it also leaves out a portion between when his daughter is on the ground and gets back up. We still do not have a full video of this incident so we don’t know what really happened – and neither does the horde of trolls, social justice warriors, etc.
Another lie was the original claim that it happened at West Boca High. Anyone familiar with the school would recognize from the video that it was not on school grounds. We are told this happened in nearby South County Regional Park but we still haven’t gotten a straight answer as to where this was in the park. And his claim that all girls were from West Boca High appears to be inaccurate as at least one of the other girls is reportedly a student at Olympic Heights High School.
Mr. Munshi even misled us about his own location, offering to meet with us at his home in West Boca. But from an NBC Miami report he wasn’t even in the country at the time.
We have published a number of teen fight videos over the past few years. None of them got this much attention, but none of them made phony claims of racism or religious bias.
Some of our sources indicate that Ms. Munshi was bullying one or more of the other girls in the video. At the same time we have another source that tells us one of those other girls has a history of misconduct. Again, we don’t know what the truth is. And neither does the unruly online mob.
One key ingredient to the video’s virality is the depiction of Ms. Munshi as a completely innocent victim. Any suggestion that she was at all responsible for anything that happened, regardless of its truth, was met by a rage from the online mob.
The simple reality of this incident is that it wasn’t much different from the other fight videos we’ve shown. It does not appear that Ms. Munshi was seriously injured. There was no report that she was taken to a hospital or even that she needed to see a doctor. The “simple battery” charge mentioned by the Sheriff means no serious injuries. Had there been serious injuries the charge would have been aggravated battery.
One big difference noted by many is that three girls were hitting Ms. Munshi, rather than it being a one-on-one fight. Everyone agrees that this was wrong. Everyone agrees that the fight itself was wrong. But any questions raised about Mr. Munshi’s lies or the “innocent victim’s” role led to false claims that the questioner supported violence. This is, of course, nonsense. It is a common ploy for political partisans of all stripes to use (or manufacture) an innocent victim in order to support whatever agenda fits their goals.
What’s particularly disturbing to us is how this incident has painted West Boca High kids as racist or prejudiced. We know a lot of kids in West Boca including the area high schools and younger kids. It is our general experience that they are almost entirely unbiased when it comes to race, religion, LGBTQ issues, etc., and certainly less biased than many adults in the community, in the country, and around the world.
The biggest social issue they confront is the stark contrast between rich and poor that one sees in Boca Raton, with some kids living in multi-million dollar mansions in gated communities while others live in trailer parks. The kids seem to handle that well too. There’s also the gifted vs. non-gifted classification in the elementary and middle schools, which translates into Honors and AP classes for the gifted kids and regular classes for the non-gifted. Again in our experience the kids handle this pretty well.
It should be noted that some in the online mob asserted that West Boca News was biased in some way, in particular biased in favor of the Sheriff or the school district. Anyone who actually follows us knows that we have had significant disagreements with both over the past several years.
Our two most popular videos on the West Boca News YouTube channel are of confrontations with PBSO:
Verdenia Baker, the County Administrator for Palm Beach County, issued an illegal curfew order on Friday morning. The curfew is set to take effect at 3 pm today (Saturday). Sheriff Bradshaw made an unclear statement about the order saying that the curfew applies to anyone who is not out for “legitimate purposes” without explaining what might be legitimate. County prosecutor Dave Aronberg indicated that people will be arrested for violating the curfew.
Under state law the county has no authority to issue such a curfew. Section 252.36 of the Florida Statutes, specifically subsection 5, authorizes the Governor (not the county) to take a variety of actions in an emergency. This includes ordering evacuations and in rather vague terms: “Take measures concerning the conduct of civilians, the movement and cessation of movement of pedestrian and vehicular traffic.” It does also authorize the Governor to delegate emergency responsibilities to local officials.
The Governor’s Executive Order does not indicate any curfews and does not delegate curfew authority to local officials.
One of the biggest problems with this curfew order is that many people may be unaware of the curfew and in particular they likely will not know what constitutes a “legitimate purpose” – the term used by the Sheriff whose deputies will enforce this curfew in West Boca and other unincorporated areas of the county.
The curfew order itself does define what purposes are allowed:
Put simply, we can travel for medical care, work and/or school, and we can facilitate the transport or distribution of essentials. Of course if a deputy doesn’t believe or accept your reason, or is unaware of the details of the order, you might be arrested even if you’re within these exceptions.
Some residents are planning to travel from less secure locations to more secure locations (i.e. from unshuttered homes to shuttered homes), or to pick up vulnerable people and bring them to safer locations. These are not protected under Ms. Baker’s order. In other words, if you drive to Century Village to help a distressed elderly person you are violating the curfew and subject to arrest. Journalism is also not on the list of permitted purposes, a particular concern for us as we are (or were) planning to go out and document the effects of Irma on our community.
Another concern is residents of other counties. Deerfield News questioned what would happen to Broward residents who travel into Boca. They would be even less likely to know about the curfew and its details.
West Boca News recommends that residents stay off the roads after 3 pm today. While the latest hurricane forecasts indicate we are unlikely to face hurricane force winds, anyone outside after 3 pm faces the risk of unlawful arrest by PBSO deputies and prosecution by State Attorney Dave Aronberg. If you’re thinking of suing, they will probably be immune from civil suit.
We did reach out to county commissioners Mary Lou Berger and Steven Abrams, who purportedly represent West Boca, for clarification. Neither responded.
We have been critical of State Attorney Dave Aronberg in the past. One of the reasons is his office’s failure to aggressively prosecute dangerous criminals, which is the reason for this article.
In this case it’s about the death of West Boca’s Aaron Rajman. Rajman was murdered, shot in July in a home in Sandalfoot Cove. One of the men arrested for the murder is Roberto Ortiz. Of course all accused are innocent until proven guilty.
Back in January Ortiz was arrested for robbery with a firearm. According to the probable cause affidavit, Ortiz attacked and robbed a student.
He and another man approached three students who were walking home from their school bus stop. The other man had a handgun, and fired it in the general direction of one of the victims. Both of them kicked and punched that victim, and Ortiz allegedly searched his pockets.
One of the other victims had video of the incident. Both Ortiz’ high school principal and Ortiz’ mother identified him from the video. Ortiz then admitted he was at the scene and attacked the victim.
In other words, if the probable cause affidavit is accurate Aronberg’s office had compelling evidence that Ortiz had committed a violent crime. Which makes it hard to understand why they dropped the case against Ortiz in less than two weeks.
Our regular readers may remember the case of Brett Knowles, a Boca Isles resident who hit three pedestrians on US-441 near West Boca Medical Center while driving on a suspended license. Aronberg’s office stalled on the prosecution. His office had repeatedly let Knowles off easy on charges of driving while suspended. Their failure to fully prosecute him left a dangerous driver on the road with an attitude and led to serious injuries.
Now we have a case of a violent criminal who participated in a shooting, was released by Aronberg’s office, and then went on to commit murder.
We requested their file on the old Ortiz case and asked for an explanation, though we doubt his office will cooperate (no response in over 24 hours). In the past they’ve told us that they “do not comment on open cases”, but of course Aronberg has already commented on this open case.
It should be noted that somehow West Boca News was not included on the distribution list for Aronberg’s press release. Some people think it’s inappropriate for politicians to play favorites with the media, but we’re used to it.
Other details worth noting from this case:
1. Summer Church was also arrested and charged with murder and robbery. Ms. Church is a 16-year-old student at Olympic Heights High and a former student at Loggers’ Run Middle School. The Post interviewed her mom, who said that she was forced at gunpoint to call Rajman and was let out of the car before they reached the house. The mom also claims that she cooperated extensively with police.
2. Ortiz is or was a student at Quantum High School in Boynton Beach. Quantum is referred to by one media outlet as an “alternative” school. That may mean it’s an alternative to jail for some of its students. The school test scores are some of the worst in the county.
3. Swinton has a reported address in Margate but may live in Boynton Beach. It appears he attended Don Estridge Middle School and may be a Boynton Beach High student. Swinton and Church may have been dating.
4. The cases for Church and Ortiz are in the court system, though certain documents are not available yet and it’s not clear what will be in the ones that are in process. Swinton’s case does not show up in the court system yet but his arrest record is in the PBSO blotter.
Second update: An additional set of documents was released by the Jupiter Police Department later in the day. While it adds statements from additional police officers (unusual for a routine DUI), there isn’t much new information and it still does not include anything from the “Drug Recognition Expert.” The new pdf is at bottom.
Update: We now have more documents. They show Tiger cooperated, blew 0.000 twice, and voluntarily supplied a urine sample. Documents will be added soon.
The breath test showed no alcohol at all.
We have obtained initial documents from Tiger Woods’ DUI arrest. Below are the two tickets, one for “Improper parking” and the other for DUI.
The probable cause affidavit shows the circumstances leading up to the encounter, with the officers saying they found Woods sleeping his car in the right lane.
Woods did poorly on the “Field Sobriety Tests” but these are designed to look for alcohol impairment and the breath test shows that Woods had no alcohol in his system.
There are a couple more key details:
1. They did urine but did not draw blood. Blood testing is generally far more reliable than urine testing.
2. An Officer Borrows “did DRE”. This refers to a “drug recognition expert” doing additional tests. They are not really experts. They typically are high school graduates with perhaps a couple weeks of training.
The affidavit does not show the results of any DRE testing and it’s unclear if it was documented at all.
We created “jpg” versions, below, and the original pdf documents are at the bottom of the page.
First, Tiger’s parking ticket, which is likely the reason police approached his vehicle in the first place.
The ticket says specifically that his vehicle was “stopped on roadway in right hand lane and right shoulder,” in violation of Florida Statute 316.1945. The ticket does not indicate a specific subsection within the statute. There’s some chance this could be a problem for the prosecution if the case is fought.
The ticket also indicates Woods was driving a black 2015 Mercedes sedan (4 door), and that the incident took place at 2999 N. Military Trail in Jupiter, at or near Indian Creek Parkway. Our best guess is that this was somewhere south of that intersection, and north of Dakota.
Next up is the DUI ticket:
It’s also noteworthy that the tickets show no crash and no injuries. Together this suggests that Woods was stopped on the side of the road, leading to police approaching his vehicle. We are hoping to get additional documents including the probable cause affidavit and breath test results but so far they are not available. These will be much more helpful when we get them.
The DUI charge is indicated as 316.193(1). Unlike the parking ticket this does indicate a subsection but there is not enough detail to say whether it involves alcohol or drugs.
It appears that the parking ticket was issued by an Officer Palladino of Jupiter PD, and the DUI ticket was issued by an Officer Fandrey, both assigned to the road patrol unit.
Update: Full pdfs of the probable cause affidavit and breath test report are below, then the tickets follow.
Full pdfs of the tickets are below, DUI ticket first.
The most recent set of papers is below: