Venezuelan Fugitive Arrested in Boca Chase

Update: Boca Raton Police advise that the arrest began with a routine traffic stop, during which the officer discovered the warrant.

Marcos A. Da Silva Castro booking photo from PBSO

A Venezuelan man was arrested Wednesday morning in Boca Chase on a Puerto Rican warrant for a multi-million dollar fraud.
The short version of the underlying criminal case is available in English from the Associated Press, but there is much greater detail in Spanish from the Puerto Rico Department of Justice.
Da Silva Castro and a Venezuelan associate allegedly defrauded Betteroads Asphalt Corp. (subsidiary of Empresas Díaz) of $7.8 million in 2011. The DoJ indicates they formed a fake corporation and set up a false sale of 100,000 barrels of liquid asphalt (at $78/barrel) that never existed. The funds were transferred to Swiss bank accounts.
It’s not clear why it took five years but a warrant was issued for their arrest in 2016. The associate was in custody in Venezuela at the time and Da Silva Castro’s location was unknown.
The address listed on the blotter entry appears to have been rented around the time the warrants were issued. We have reached out to the police and to the Realtors associated with the rental to see if we can find out more details.
The arrest was reported in Puerto Rican newspaper El Nuevo Dia.

West Boca News Founder Arrested in Coral Gables Checkpoint

Officer Diaz of Coral Gables PD places handcuffs on Warren Redlich, founder of West Boca News and Fair DUI; image from YouTube video by Carlos Miller, founder of PINAC.
Officer Diaz of Coral Gables PD places handcuffs on Warren Redlich, founder of West Boca News and Fair DUI; image from YouTube video by Carlos Miller, founder of PINAC.

Yes, I was arrested last week in Coral Gables. A few hours later I was “unarrested.” The video of my arrest is near the bottom of this article, but first there’s a back story. Scroll way down if you just want to see the arrest.
As many of our readers know, I am a criminal defense (and personal injury) lawyer. I’m also a civil rights activist. Earlier this year I received national attention for my approach to handling checkpoints and traffic stops.
I had published a book in 2013 called Fair DUI.
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The book has sold fairly well on Amazon and has excellent reviews.
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After writing the book people asked a lot of questions about how to handle encounters with police in traffic stops. One of the big questions was how to remain silent. It sounds simple, but it’s not so easy to do. In response to that I came up with the Fair DUI Flyer.
The Fair DUI Flyer
The Fair DUI Flyer

Some of my activist friends started using them in checkpoints. I did one myself in Miami last year and it went well. This video has been viewed over 100,000 times.

The story got bigger when my activist friends used it in a checkpoint on New Year’s Eve west of Gainesville. This video has now been viewed over 3.2 million times on YouTube alone.

It blew up, leading to national news coverage starting with TheBlaze.com eventually leading to Fox News, CBS News, The Washington Post, etc.
I even became the #1 trending story on Facebook:
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In the heat of the moment we received some threats of arrest by local sheriffs but their comments were vague and often just plain stupid. Some said drivers have to talk to police, rejecting the right to remain silent. After the publicity died down we learned that police departments and prosecutors were discussing how to respond, and this led to my arrest in Coral Gables.
One key feature of my approach is that you do not roll down your window. Florida law requires you to “exhibit” (or show) your license to police. It does not require you to hand it over. I recommend people keep the window closed and press the license up against the window. Some prosecutors and police legal advisors decided to fudge that law (§322.15 of the Florida Statutes) and claim that you are required to hand it over. The Coral Gables legal advisor, attorney Israel Reyes, went further and recommended that anyone who refuses to physically hand over their license be arrested for a misdemeanor – resisting without violence. The City Attorney adopted this recommendation and it became formal policy. That document is below.
[gview file=”http://westbocanews.com/wp-content/uploads/2015/08/Coral-Gables-Fair-DUI.pdf”]
Mr. Reyes and his friends missed a key point from law school. We are trained to read the whole statute. Subsection 4 of 322.15 says that a violation of it “is a noncriminal traffic infraction, punishable as a nonmoving violation.” You can’t arrest someone for that. You can’t charge someone for a misdemeanor (a crime) when the legislature defines it as noncriminal.
I talked about this in a video I made about 322.15:

So, as an activist, when I heard that Coral Gables was doing a checkpoint, I had to go and test them to see if the police officers would follow this unlawful order from their bosses. You can see my arrest in the video below:

While I’d like to think of myself as the hero of this story, the real hero is Sergeant Alejandro Escobar. He followed orders when he arrested me. About three hours later he “unarrested” me and gave me a ticket:
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In a good story the hero learns from experience and grows. I don’t know what happened for sure but I think Sgt. Escobar figured out something was going on and made an effort to understand what I was doing and why. In the end he went against his department’s policy, against his orders, and only issued me a ticket.
Coming soon I will be suing Coral Gables in federal court over this incident. This is not about money. While there will be monetary claims they are small. No one was shot. I did suffer nerve damage to my thumb from the handcuffs but it is minor and has nearly healed already. The goal is to get a federal judge to make sure that police follow the law, including 322.15 as well as Supreme Court cases on checkpoints.
Those who are considering using the Fair DUI Flyer should be aware that I went further in this incident than I recommend for others. Most people should obey orders from police even if they are unlawful orders.

Crime in Palm Beach County: By Zip Code

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What parts of Palm Beach County have the most crime? What parts have the least? We’ve got answers by zip code.
Measured by arrest counts vs. population, West Delray Beach’s zip code 33446 has the lowest crime rate in Palm Beach County. With 22,571 people and only 24 counts, the rate of arrest counts per population was the lowest in the county at just over one in a thousand.
Riviera Beach’s zip code 33404 was the worst, with 1034 arrest counts booked in a population of 26,634. That crime rate is nearly 40 times as high as in West Delray, and roughly quadruple the county average of one count per hundred residents.
West Boca News readers will be pleased to hear that four of our five zip codes were in the top 10 for lowest crime out of 51 zip codes in the county. And the #1 West Delray is probably our sixth zip code since we often hear from readers in Saturnia Isles, The Bridges, and Mizner Country Club.
Here’s the Top 25 in lowest crime rates (West Boca zips are in blue):
PBC - Top 25 Lowest Crime
We’ve included zip code maps of the county at the bottom of the post.
Here’s the worst 26:
Bottom 26
We previously wrote about the crime rate in West Boca, and arrest rates in all nine Boca Raton zip codes.
A couple of notes about the data are in order. First, this is for only a three-month period – the first three months of 2014. We hope to do this again covering a longer period and think that will be more accurate overall.
Second, we don’t have perfect data and we didn’t go through it as thoroughly as we’d like to. Some of the counts are for things like “Booked – Recommit” or “Fail to Appear” which are not really crimes in and of themselves. The number of counts is also imperfect. When we went through Boca Raton in our earlier articles, the counts per arrest number ranged from 1.6 to 2.1. We’ve seen cases where one person is arrested and charged with over 30 counts. And our population numbers are for 2011, which makes them somewhat out of date. Overall we think these issues are minor but could be significant for some zip codes.
Third, some of the zip codes we included are small, making the data a bit less reliable. Canal Point’s zip code 33438 was second-worst, but the population is only 354 so the numbers are statistically dubious. Similarly, West Boynton’s 33473 (the GL Homes Canyon developments) ranked #2 in lowest arrest rate, but the population for that zip code is less than 4000. This should be less of a problem when we do this for a longer period of time.
Fourth, the zip codes are for the address of the person arrested, not necessarily for the place where the crime was committed.
Fifth, some of the arrests in the data had the wrong zip codes. For example, zip code 33425 is listed as having 24 arrest counts, 33422 had 12 and 33416 has 10. These three zip codes all have zero population. Over 500 of the nearly 15,000 or so arrests are attributed to zip code 00000, and another large chunk are from 4-digit or 6-digit zip codes. And there are big groups from other counties, especially Broward and Miami-Dade. We also left out the Tequesta zip code because most of it is in Martin County. We reduced the data to 13,093 arrest counts in a population of over 1.3 million people in the county.

Zip codes in northeast PBC
Zip codes in northeast PBC

Southeast county zips
Southeast county zips

West County zips
West County zips

Arrests: Heroin, Coke, Pot and DUI

Clockwise: Green, Shuman, Brown & Benhayoun
Clockwise: Green, Shuman, Brown & Benhayoun

We have eight arrests in our latest summary from the Palm Beach Sheriff’s blotter. On the upper left of the top photo we have Christopher Green (23) of East Boca, arrested by Delray police Friday night for possession of heroin and drug equipment, and also a couple DUI counts. He was released on bond Saturday. The Spanish River grad might be a fan of another Chris, the Birdman, of the Miami Heat. It appears to be the same man who had a felony battery charge back in 2008, and a couple of traffic cases.
Next we have Alexa Shuman (also 23) of Boca West. Ms. Shuman stands accused by deputies of marijuana possession. She was booked Friday morning and released that afternoon. Ms. Shuman may have had a prior marijuana arrest in New Jersey a couple years ago. She also had a traffic ticket back in 2011.
Anthony Brown (bottom right) was arrested Friday by Delray Beach police, allegedly selling cocaine. The charge is “enhanced” – the legal term for making it worse – because it supposedly occurred too close to a church, school, or some other restricted location. His reported address is in Countrypark, just south of SW 18th near the Turnpike. He was released last night on bond.
The charges against Mr. Brown date back about a month before the arrest, which always makes us suspicious about the quality of the case. He’s had a few misdemeanor and traffic cases dating back to 2003.
If we’re reading the charges correctly, Leslie Benhayoun (49) initially encountered deputies Saturday night because of a non-moving violation having to do with state right of way. That led to charges for possession of a controlled substance without a prescription. She was still in custody when we checked the blotter. Her reported address is in West Sandalfoot, aka the Sandalfoot trailers. Her name shows up as a possible witness in a 2009 lawsuit against IHOP, so she may have worked there in the past. We see no prior cases for her, either traffic or criminal, in Palm Beach and Broward.

David Kornstadt (upper left, 29) was arrested Friday for battery on an officer, firefighter or EMT. He previously appeared in one of our October reports for aggravated assault with a deadly weapon. His reported address is in “Boca Trails” on the south side of Judge Winikoff just west of 441.
Tamas Orosz (upper right, 38) was arrested for domestic battery Friday morning by deputies and released Saturday afternoon. His reported address is in the Bella Vista apartments in Boca Del Mar (southeast of the Powerline-Palmetto Park intersection). The only history we see for him is a couple of minor traffic tickets.
Richard Utter (bottom left, 46) was arrested Saturday night for burglary. On a previous arrest in December (a drug case that was dropped) his reported address was in the Sandalfoot trailers, though this arrest has him as “at large.” He was still in custody with bond set at $5,000 when we checked the blotter. He has some history including a felony burglary in 2011 for which he got probation, and a 2003 felony case in Broward with burglary, indecent exposure and prowling counts.
This is one of those moments when we wonder why someone would get probation on a repeat felony burglary. Welcome to South Florida. In that 2011 case he eventually violated his probation and did about 3 months in county jail.

Big Arrest in Home Explosion

house-front
Sheriff’s deputies have made an arrest in the Sandalfoot Cove home explosion case.
agudelo-drugs-explosionEduardo Antonio Agudelo, age 34 and a native of Colombia, was arrested Tuesday afternoon and is being held on $18,000 bond. He’s been charged with what appears to be four felony counts:
1. Arson
2. Possession of over 20 grams of marijuana
3. Marijuana producing
4. Renting a property knowingly used for manufacturing illegal drugs
West Boca News has obtained two probable cause affidavits from the case, and researched Mr. Agudelo’s arrest history as well.

Of course we remind our readers that arrestees are innocent until proven guilty, and also that despite our crime coverage, West Boca has a lower crime rate than East Boca and much lower than the county as a whole.

In Palm Beach County, Mr. Agudelo has 10 cases listed though they appear to be from 6 incidents including 3 traffic stops. Aside from those, in 2006 he was arrested for a misdemeanor marijuana possession charge. That case was dropped by prosecutors.
agudelo-palm-beach-record
In 2007 he was charged with felony marijuana possession and was sentenced to 18 months probation along with community service and nearly $500 in “fees.”
He also has had a few traffic tickets in Broward but we don’t see anything criminal there. We do see a history in Miami-Dade as well:
agudelo-dade
That shows four counts from 1998. Most were dropped, but the felony burglary and grand theft charges were resolved with probation and “adjudication withheld.”
agudelo-dade-felony
He was arrested by the sheriff and booked the same day. From the arrest report, it appears that Mr. Agudelo voluntarily appeared at the Sheriff’s office on Gun Club Road in West Palm Beach. His “first appearance” was scheduled for this morning at 9 am but we do not have an update on what happened yet.
The affidavits show that the vehicle parked in front of the house was registered in Mr. Agudelo’s name along with a woman at an address in Miami-Dade County.
They also found substantial “correspondence” between Mr. Agudelo and a different woman [name omitted] (25) who has had a couple traffic cases in Broward County. She might be one of the women pictured in this photo, but we can’t be sure. We found it at a blog titled [woman’s name omitted – link broken].
We see a possible connection between the two associated with North Bay Village, an island between Miami and Miami Beach along the JFK Causeway.
The police affidavit indicates that a neighbor’s surveillance video shows Mr. Agudelo on the scene shortly after the explosion along with an as-yet unidentified woman.
On review of the affidavits, the arson charge looks like a stretch. Here’s what the investigating officer wrote:
arson-conclusion
As written it seems like he’s trying to squeeze an accident into an intentional arson. However the statute, section 806.01, includes damage resulting from commission of any felony, so the intent may refer to the other felonies charged. We still think it’s a weak arson case.
It may also be difficult to prove a connection between Agudelo and the other criminal acts. The police claim video puts him at the scene but we don’t know how clear that video is, and there does not appear to be any evidence showing what he did, if anything, inside the house.
Do they have enough for probable cause? Sure, that looks pretty clear. But proving his guilty beyond a reasonable doubt? That’s not going to be easy unless something else happens.
One other bit from all of this. There are two separate arrest reports. For some reason they have two arrests, one for the arson and another for the other three charges. In one arrest report they list his occupation as “unknown.”
Screen Shot 2014-05-14 at 12.10.45 PM
And in the other a different officer listed Agudelo’s occupation as “drug producer.”
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Now that’s a cop with a sense of humor.

11 Weekend Arrests: DUI, Drugs & Mischief

As always with our arrest reports, the arrestees are innocent until proven guilty. And don’t let our arrest reports scare you about West Boca – our crime rate is lower than East Boca and much lower than the county average.
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James Chick (left, 28) and Gary Sheerer (right, 32) were both arrested by Delray Beach police, accused of dealing in stolen property. They were booked early Sunday morning. Chick was released about 12 hours later, while Sheerer remains in custody. By their reported addresses, the two are roommates on Watergate Circle near the Glades library.
Chick has over 4 pages of cases in the county including a couple felony arrests, though most are traffic. One was from April of 2013 where he was “adjudicated guilty by the court” of “aggravated grand retail theft” in August of 2013. He was sentenced to 9 months in county jail minus about 4 months in credit time.
Sheerer’s record is worse and he was arrested on the same April 2013 date as Chick for roughly the same offenses. He was also sentenced to about nine months, with almost six months of credit time.
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Nicole Santini (above left, 26) of the Boca Entrada – Emerald Bay Club apartments was arrested Friday night and released Saturday afternoon, charged with aggravated battery involving a deadly weapon. The court record has it marked as “dating violence.” She had a previous domestic violence misdemeanor charge in 2010 that was dropped.
18-year-old Michael Brenner (center) was arrested and released Sunday morning for possession of a controlled substance without a prescription (Percocet per the Boca Police blotter). A resident of Woodfield Hunt Club, and student at North Broward Prep, he was recruited as a baseball player by Saint Louis University, with “game-changing speed.”
Deanna Fraschilla (right, 50) of the Boca Rio Banyan townhomes was arrested Saturday for criminal mischief causing property damage, and for resisting an officer without violence. She was released a couple hours after she was booked without having to post a bond. A Google search revealed a Cape Cod arrest in 2005. In Palm Beach County, court records show mostly traffic tickets but also a felony burglary in 2008 for which she got 5 years probation.
may-dui-arrests
There were three DUI arrests from Boca this weekend. Above left is Keith Martin (23), who was booked early Saturday morning and released before noon. His reported address is in the Mizner Courts apartments off Military Trail. The former FAU student is an aspiring entrepreneur interested in new video technologies.
Adriana Capawana (center, 45) was arrested by Boca PD, booked Sunday morning and released a few hours later. The Boca police blotter indicates her blood alcohol content was 0.17, though West Boca News does not consider breath testing to be a reliable indicator of intoxication. Her reported address in Boca Country Club (near Clint Moore and Congress) appears to be owned and inhabited by an unrelated couple.
Benjamin Collins (right, 22) was also booked for DUI Saturday morning and released shortly after noon. Residing in Boca Barwood near the corner of Lyons and SW 18th, the Spanish River graduate has attended University of Texas and traveled in France.
We see no prior criminal history for any of the DUI arrestees.
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Margo Wishbow (center, 61) was arrested on a probation violation. That probation appears to come from a DUI arrest in February 2013. The Century Village resident has a few pages of cases in Palm Beach County with mostly misdemeanors and one felony theft in 2012 that was reduced to a misdemeanor.
Ali Can (right, 23) was booked Monday morning on charges of loitering/prowling and resisting an officer without violence. Both counts are generally vague and the Boca PD blotter is remarkably thin on details. His history is clean other than a couple of traffic cases. This one will probably be dismissed.
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Boca and West Boca DUI Report

Hernandez-Gutierrez, James Young, and Scott Parmelee
Hernandez-Gutierrez, James Young, and Scott Parmelee

Alberto Hernandez-Gutierrez (above left, 19) was arrested by Boca Police and booked early on the 17th. His reported address is an apartment in Boca Entrada west of 441 near the Broward line.
West Boca’s James Young (above center, 58) was arrested by Boca PD and booked early on the 20th for DUI and for refusing a DUI test after a license suspension. The latter charge suggests a previous DUI and we see what looks like one in the court records from way back in 1997. His reported address is an apartment in Bella Lago near the west end of Boca Del Mar Drive.
Scott Parmelee (right, 44), who may use the nickname Boca Scott, was arrested and booked early on the 22nd by the Sheriff. The charges include DUI, drug equipment, driving with a suspended license. He faces a probation violation due to an incident back in July of 2012 where he was adjudicated guilty of attempted burglary. He was also found guilty on a cocaine charge back in 2006. Parmelee’s reported address is in Boca Country Club northwest of the intersection of Congress and Clint Moore.

WarrenWarren Redlich, founder of West Boca News, is a criminal defense and personal injury lawyer who handles cases in Florida and New York. He has handled many DUI cases and is the author of Fair DUI: Stay Safe and Sane in a World Gone MADD. He can be reached at 888-RED-LAWYER (888-733-5299), or by e-mail at wredlich@gmail.com. All arrestees are innocent until proven guilty.

charlotin-melillo-quick
West Boca’s Nixon Charlotin (above left, 35) was arrested for DUI by Boca PD and booked in the morning of the 23rd. The Boca blotter shows Florida Highway Patrol was involved, probably because it happened on I-95. His reported address is an apartment in Boca Entrada.
Nicole Melillo (center, 31) was arrested by Delray PD for DUI and booked early on the 22nd. Her reported address is in the Wimbledon Villas near Town Center, and she may work for a health care related company. While she does have some history of traffic tickets dating back to 2004, we see nothing more serious in the county.
Michael Quick (right, 46) was arrested by Boca PD and booked early on the 20th. The charges include DUI and Hit and Run with property damage. Mr. Quick made news back in December when he got caught on camera stealing donations from a church in Boca. We see over 40 cases in the county court system for him dating back to 1997, including 13 felonies.