The Orlando Sentinel from Orlando, Florida on September 2, 1992 · Page 29
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The Orlando Sentinel from Orlando, Florida · Page 29

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Wednesday, September 2, 1992
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The Orlando Sentinel, Wednesday. September 2, 1992 D-3 Suspect shot after 9-mile chase in Orange By Mary Brooks OF THE SENTINEL STAFF The Florida Department of Law Enforcement will investigate the shooting of a car theft suspect by an Orange County deputy sheriff after a chase Tuesday morning. But Deputy Sandy Carpenter probably was justified in shooting the man three times when he appeared to be reaching for a weapon, sheriffs officials said. Deputies found a loaded, sawed-off shotgun, several rounds of ammunition and two speed loaders for a high-caliber weapon in the back seat of the man's vehicle, the sheriffs office said. The suspect, James Edward Ousley, 20, was in stable condition Tuesday at Orlando Regional Medical Center with wounds to the abdomen, underarm and thigh. Two other suspects involved in the chase escaped. Carpenter, 31, was placed on administrative leave while the sheriffs office reviews the case. Sheriff Walt Gallagher asked the FDLE to also investigate the shooting. Ousley was shot after a nine-mile chase at up to 70 mph through northwest Orlando and the Apopka area starting about 2:15 a.m. Deputy Dave Thompson was in an unmarked car at Breezewood Street and Powers Drive, just north of Silver Star Road, when he heard several gunshots. Within minutes, a 1989 Jeep Cherokee carrying three people came speeding by him, said Deputy Carlos Padilla, a department spokesman. Thompson radioed for assistance as he followed the Jeep along Silver Star Road to Apopka-Vineland Road. That's when Carpenter, who was on regular patrol with his police dog Nike, picked up the pursuit. Carpenter A check of the Jeep license tag during the chase revealed the vehicle had been stolen about 8 p.m. Monday in Seminole County, Padilla said. In all, five deputies' cars pursued the Jeep north through some of Apopka's numbered streets. No bystanders were threatened, but a deputy's cruiser on a side street was nearly struck by the fleeing vehi- nl PaHilla caiH 0usley The cars turned onto Lake Opal Drive before leaving the road and driving between two houses and over yards, Padilla said. Carpenter drove up behind the Jeep as it stopped in the Marden Meadows apartment complex. Two suspects jumped out of the car and ran away. A third suspect jumped from the back seat to the front and began to make a U-turn. The suspect stopped when he saw Carpenter's car blocking him, and the deputy got out. "For a moment the two of them made eye contact. You could easily see what his intention was," Padilla said. When the man moved as if to reach for a weapon, Carpenter shot the suspect three times. The deputy thought he had missed because the man jumped out of the vehicle and began fighting. Nike, a 4-year-old German shepherd, bit the suspect's leg. The man til T "t T , 7 u p.-' A' W f JOHN RAOUXSENTINEL Veterinary technician Pat Corbo hugs Nike at the Lake Underhill Animal Hospital. The police dog was hurt trying to catch a suspect. then tried to get back into the car and slammed the door on the dog's head and shoulders. Another deputy joined the fray and the two wrestled the suspect to the ground. Carpenter called for medical help once deputies realized the suspect had been hit. Carpenter, a six-year veteran of the K9 unit, was not seriously hurt. Nike was treated for bruises to the head, chest and paws at the Lake Underhill Animal Hospital. Ousley, who told deputies he lived on Clarccna Road in Apopka, faces several charges, including aggravated assault on an officer and possession of a firearm while committing a felony. Deputies continue to look for the other two suspects. Judge's dismissal of MBI drug case overturned An appeals court ruled that the judge was out of line in dismissing the state case because he thinks they clog the federal system. By Jim Leusner OF THE SENTINEL STAFF Fifteen months ago, U.S. District Judge G. Kendall Sharp said he did not want "piddly" state criminal cases transferred to an already clogged federal court system. To demonstrate his point, he threw out a cocaine trafficking case made against Nick Ucci-ferri, whose lawyer argued he was arrested on state drug charges by Metropolitan Bureau of Investigation agents. Ed Leinster said his client was entitled to be tried in Orange Circuit Court, which has more lenient penalties. But a federal appeals court reinstated the charges and ruled that Sharp exceeded his authority. On Tuesday, Sharp said he still does not like the precedent, particularly when it involves relatively minor cases. "I think it sucks and you can quote that," Sharp said in an interview. "They might as well shut down the state courts. Just like big brother, the government wants us to do every thing." "The only reason they do it is because of the breakdown in the state prison system. Everyone knows that." Sharp made his remarks after a hearing in which Ucciferri pleaded guilty to a federal charge of conspiring to possess with intent to distribute, winding down two years of legal battles between prosecutors, defense attorneys and the judge. Roberto Moreno, head of the U.S. Attorney's office in Orlando, said prosecutors are selective in such cases. Over the past few years, he said the Justice Department has been stepping up its prosecution of society's repeat and most violent drug dealers and criminals. Sharp has previously said that he has no problem with major local investigations adopted by federal prosecutors. Usually, they involve large-scale drug distribution or smuggling rings. The Ucciferri case started in June 1990 when MBI agents charged Ucciferri with possessing six ounces of cocaine and suspected he was distributing the drug through the mail. He also accused him of being a violent offender who carried a sawed-off shotgun. MBI agents described him as a mid-level drug dealer. Because of state prison crowding, yearlong delays with trials and the fact that inmates of ten serve as little as one-quarter of their terms, MBI agents took the case to the U.S. Attorney's office. In federal court, prison terms are much harsher and inmates serve more than 80 percent of their sentences often with mandatory terms ranging from 5 years to life. "It's swift and honest justice," said MBI Director Mel Sears. But Ucciferri's attorney, Ed Leinster, argued that the wiretap order, search warrant and arrest in the case all were handled by state judges and investigators. He said his client was entitled to a trial in the state system, which has a more liberal bail, evidence and pretrial hearing process. Ucciferri was granted bail in state court, but held without bail on federal charges. Leinster called Sharp's initial ruling to dismiss federal charges a "sensible, reasonable decision," despite the appeals court ruling. Federal court also allows a suspect to be prosecuted for the same crimes in both state and federal court, although that rarely happens. Ucciferri pleaded guilty to a state cocaine charge in May and was sentenced to 5 years in prison. He faces up to 20 years on the federal charge stemming from the same case, although Leinster said federal guidelines suggest no more than a 6-year sentence. Orlando victim identified in chase, fatal shooting Police have identified an Orlando man who was shot to death after he was chased by a gunman. The victim, Scottie La-Mar Akins, 817 W. South St., was killed about 6:50 p.m. Monday west of downtown. "This is a seek-and-destroy kind of thing," Orlando police investigator Bob Mundy said. Akins, a 28-year-old roofer, was walking south on Lee Avenue near South Street when a small, four-door maroon car pulled up. The driver and two passengers ordered the victim to get in the car. The victim was gunned down when he fled. Police would not confirm whether the shooting was drug-related, and they would not disclose the type of weapon used or the number of times the man was shot. Anyone with information should call Crimeline at 423-TIPS. Volusia grand jury indicts 1 in slaying at gas station DAYTONA BEACH A 19-year-old man was indicted Tuesday by the Volusia County grand jury on a charge of first-degree murder in the July 14 shooting of a service station owner's wife. Demon Floyd, 19, Daytona Beach, also was charged with armed robbery, said Al Tolley, police spokesman. He was arrested in the Volusia County branch jail where he has been since July 28 on unrelated charges. Joelle Marie Franco, 40, Daytona Beach Shores, was shot in the head as she and her husband were held at gunpoint at their Mobil Service Station on Volusia Avenue in Daytona Beach. A second arrest on similar charges is pending, said Tolley. The suspect, who was not identified, also is in the county jail on unrelated charges. Leesburg hopes to boost affordable rental program LEESBURG Concerned about the number of families lacking decent, affordable housing, city leaders will seek more grant money from a federal rental-assistance program. The City Commission's decision to seek U.S. Department of Housing and Urban Development grants could mean 30 additional low-income families will get help with rent. Now, 205 low-income Police say Orlando man attacked 6, maybe more By Sharon McBreen OF THE SENTINEL STAFF Police have arrested a 24-year-old landscaper who they say raped and robbed several women in Orlando and Kissimmee after breaking into their homes. Kissimmee police on Monday arrested Efrem Eugene Maxey, 24, 2912 Orange Center Blvd., Orlando, in connection with the Aug. 1 rape of a 30-year-old Kissimmee woman. The woman was raped at knifepoint while she was at home with her 5-year-old daughter, police said. The masked intruder stole $400 before fleeing. Maxey was charged with armed burglary to an occupied dwelling with a battery therein, sexual battery and grand theft. He was booked Maxey into the Osceola County Jail with no bail. On Tuesday, Kissimmee police spoke with detectives in Orlando, who suspect Maxey in five cases. They said the man matches descriptions given by witnesses. In those cases, women were attacked in their homes between March 3 and June 6. Three cases occurred within blocks of each other in southwest Orlando. Orlando Detective Brian Gilliam did not want to release details about those attacks, but said none of the women knew the suspect. Police said a man raped three of the women and attempted to rape the other two. One woman escaped being raped by praying with the suspect, police said. In one case, a woman was kidnapped and attacked in her car. At other times, the man broke into a home or apartment and threatened the women with a weapon. Sometimes the attacker was polite and apologetic. Other times, he beat the victims and stole money. Detectives were still questioning Maxey early today but expect to file charges including armed burglary, sexual battery, attempted sexual battery, kidnapping and grand theft auto, Gilliam said. Maxey also is a suspect in other unsolved rapes in Orlando, detectives said. He has not been charged in those cases. Rene Stutzman of the Sentinel staff contributed to this report. families in Leesburg receive federal help with rent. And 65 families are on waiting lists for apartments and homes. The long waiting list prompted city officials last month to stop accepting applications. "The need for additional housing assistance is growing, but the ability to provide for that growing need is continuing at a much slower rate," Assistant City Manager Dick Williams said. Lake to send equipment, crews to South Florida TAVARES Lake County commissioners gave the go-ahead Tuesday to sending crews and equipment to help hurricane-stricken South Florida. At the request of County Manager Pete Wahl, county commissioners voted unanimously to send a convoy of three dump trucks, 10 public works employees, chain saws, a bulldozer, a generator, gasoline and several small trucks to South Florida. Meanwhile, Lake Corrections Chief Tom Neumeyer said he hopes to wrap up negotiations later this week with the U.S. Immigration and Naturalization Service to reopen the old Lake County jail to house 200 federal detainees displaced by the storm. If the deal is approved, the aliens could arrive early next week. Lake County would make a $600,000 profit for four months of housing the inmates. Driver pleads no contest in Osceola traffic deaths KISSIMMEE - A drunk-driving homicide suspect, arrested last winter after the case aired on a television crime show, pleaded no contest Tuesday to two counts of manslaughter by driving under the influence. James White, 36, unexpectedly entered the pleas during a hearing to suppress evidence in his upcoming trial. A daughter of John and Virginia Constable, the Polk County couple killed in the accident, urged Unsolved Mysteries to air details of the case. White left Florida in March 1991, three days after being injured in the accident that killed the Constables on County Road 545 in Kissimmee. White had a broken jaw and leg and had not yet been charged when relatives helped him flee Kissimmee Memorial Hospital, police said. E 1 ASSOCIATED PRESS No more state credit cards for legislators, their staffs Late payments and Club, in cooperation with the abuse prompt the House state issue charee cards th n0 sneaker tn ranrpl rrpdit sPendinS limit t0 about 25'000 bpedKer 10 cancel creau workers The state bears no re-privileges. Companies sponsibility for the debts the em-had revoked SOme Cards. Payees incur, though a state department name is usually embla- zoned on the card. As of April, the Legislature had 174 charge cards issued to lawmakers and staff. Of 41 lawmakers who held Diners Club cards, two dozen were delinquent on at least one occasion and 14 of those were in arrears 75 days or more, according to a report in The Tampa Tribune. Some of the lawmakers had their Diners Club cards revoked by the company for failure to pay. Many lawmakers and other state employees who were late paying their charge card bills said it sometimes took months for the state to reimburse them for travel. But a study by the comptroller's office showed less than one-half percent of all invoices take more than the legal limit of 10 days to process. TALLAHASSEE State lawmakers and their staffs were stripped of their state charge card privileges because of late payments, a legislator said. "Speaker (T.K) Wetherell decided that some of them weren't being prompt with their payments and abusing their privilege, and he decided they should cease," said Rep. Ed Healey, who serves as chairman of the Joint Legislative Management Committee, which oversees legislative business. Healey is a West Palm Beach Democrat. Wetherell is a Daytona Beach Democrat. American Express and Diners- County to skip bid process for new police, fire radios By Will Wellons OF THE SENTINEL STAFF Saying they know exactly what they want, Orange County commissioners voted Tuesday to move ahead with buying a new emergency radio system and not seek bids. Commissioners voted 6-1 that Motorola C & E Inc. was the only company that could provide the expanded $19 million system that the Sheriffs Office and Fire Department want. Commissioner Fran Pignone opposed the purchase, saying the county should ask for proposals from other companies. County Comptroller Martha Haynie warned commissioners they should seek bids for the job to make sure they are getting the best deal. But other county officials, including Sheriff Walt Gallagher, Fire Chief Mitch Flnyd and the purchasing manager, said seeking bids would be a waste of time because only Motorola has the system they want. Purchasing Manager Warren Geltch said the county probably can get a better price through one-on-one negotiations with Motorola. There are two makers of advanced emergency communications equipment, county officials said. But only Motorola has a system that will allow the county to easily communicate with fire and law enforcement agencies in several cities and counties. Tuesday's approval was to negotiate with Motorola only. Also Tuesday, commissioners were briefed on a proposed school impact fee that could add $1,410 to the cost of a new home. The fee, to be phased in over three years, eventually would bring in $16 million a year to build schools. Public hearings are scheduled! for Sept. 8 and 22. MATTERS OF FACT Figuring out life, death within Central Florida If having babies is any indication of the "family values" campaign theme, some counties are more politically correct than others. Then there are those counties in which residents do not seem to be as inspired to keep growing in population. Here were the birth and death rates for Central Florida counties in 1989: Brevard: births 13 percent; deaths 8 percent. Lake: births 14 percent; deaths 14 percent. Orange: births 17 percent, deaths 7 percent. Osceola: births 17 percent; deaths 9 percent. Seminole: births 15 percent; deaths 6 percent. QDid anyone ever find Juice, the year-old collie from South Florida who bolted from his owners trying to escape Hurricane Andrew? A Juice has not been found, but since his owners, Ron and Linda Cerasuolo of Boca Raton, started posting signs and newspaper advertisements announcing a $1,000 reward, two other missing collies and a husky were found and returned to their owners. The dog, which is mahogany colored with a white neck, got away from his masters when they tried to check into the Hilton Hotel at Walt Disney World Village along with their two other collies on Aug. 23. Helicopter sightseeing pilots, deputies, Disney World security, humane society and animal control agencies have been on the lookout. "Juice is still out there somewhere," said Ron Cerasuolo, who received the pet as a birthday gift last year. "He's probably very scared right now." If you've found Juice, call 877-PETS or 338-3235. Please call us with your follow-up ideas at (407) 420-5780 or write to Follow-up, do The Orlando Sentinel, 633 N. Orange Ave., Orlando, 32801. r-0lS THE Parents sometimes tell teen-agers not to drive barefoot because it is against the law. It's not true. In Florida, there are no specific prohibitions against driving without shoes. But the fact that a driver involved in an accident was driving barefoot might be used as evidence that he was careless. as Social skates on a roll along Ormond Beach Dust off those in-line skates, gather a few friends and head over to East Coast Outdoors, 385 S. Yonge St., Ormond Beach, for an in-line social skate tonight along the beach. In-line skating is a low-impact aerobic exercise popular with people of all ages. It has become a popular form of recreation and exercise in Daytona Beach. Many visitors have taken to doing their sightseeing and skating at the same time. Locations of social skates are not determined until the day of the skate. All social skates start at 6:30 p.m. For Information, call (904) 672-5063.

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