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STATE ATTORNEY'S OFFICE  NEWSLETTER 

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Last week I had the pleasure of hosting 34 elected District Attorneys from all around the country who came to Miami to learn more about the intersection between mental health and gun violence. 

 

 The group is part of a coalition of prosecutors formed last year to address the issue of gun violence in the United States as concerns mounted over shootings and mass killings. Prosecutors Against Gun Violence (PAGV), seek to advance prosecutorial and policy solutions to the national public health and safety crisis of gun violence.

 

 I was so proud that among the national experts there to discuss implementing best practices as it relates to mental health, criminal justice and the reduction of gun violence; many were from right here in Miami. 
 

The first panel spoke about the importance of crisis intervention teams in police departments and the prosecutor's role in driving positive change. The panel consisted of Dr. Charles Nemeroff of the University of Miami, Dr. Spencer Eth of the VA Hospital, Judge Steve Leifman and our very own Chief Assistant for Administration Don Horn.

 

The rest of the day was replete with more national experts and valuable information. All of us elected public officials in the room left with a better understanding of the dynamics of mental illness, violence and the path to prevention. I was also very proud that our collaborative model in Miami was highlighted as a national model to be replicated across the country.

 

This unified effort is another example of prosecutors coming together to take ideas that have worked in different parts of the country and by sharing those experiences and techniques, spreading that success around. This will allow us to help make our communities a better and safer place to live in.
 

 

                                                          Sincerely,


 


 





                                            

Local Officer Recognized as Officer of the Year  
Source: Miami-Dade Police Department

Miami-Dade Police Officer Mario Gutierrez was recently selected by Attorney General Pam Bondi for her 2014 Law Enforcement Officer of the Year Award.

 

This honor stems from Officer Gutierrez' heroic act in 2013 that ultimately saved the lives of many individuals and unfortunately resulted in him being seriously injured.

 

Officer Gutierrez exhibited extraordinary courage and bravery when he approached a subject who was attempting to stuff newspapers he had set on fire into an underground gasoline valve at a Shell gas station near the airport. That valve was connected two 8,000 gallon gasoline storage tanks.

 

Besides disrupting the subject's actions, Officer Gutierrez also had the foresight to activate the emergency shutoff valve to the fuel pumps, rendering them inoperable. Countless lives were likely saved.
 

"I know that it is every police officer's job to take daily risks to keep our residents safe, but the actions of Officer Gutierrez on this date were nothing short of above and beyond," commented State Attorney Katherine Fernandez Rundle.  "Our community is truly appreciative of his heroic work as a member of the Miami-Dade Police Department."

 

Fortunately, Officer Gutierrez has since recovered from his physical injuries and is back on the job helping to keep our streets safe. 
 

Two Charged for Prostituting 16 Yr Old in South Dade  
Source: Miami-Dade Police

State Attorney Katherine Fernandez Rundle, accompanied by detectives of the Miami-Dade Police Department Special Victims Bureau Human Trafficking Squad, held a press conference to announce the arrest of two brothers on numerous human trafficking related charges and other serious felonies.

 

Bogacski Thomas and Tavarus Ballard forced a troubled 16 year old runaway girl to lure men for sex on the streets of South Dade, particularly along Campbell Drive and Krome Avenue, and also in the area of 264th Street and South Dixie Highway.

 

The victim was kept under the control of these men through fear, intimidation and drugs. Thomas told the victim that if she tried to leave they knew where her family lived and they would shoot up her house and hurt or kill her family.

 

"She, to them, was nothing more than a walking machine," commented State Attorney Katherine Fernandez Rundle. "No dignity, not a human being, not a young girl, a cash machine. That's how these predators look at them. This is every parent's nightmare. To end these crimes is why we all pursue these criminals."
 

State Attorney's Office Alumni Profile
 Jon David, District Attorney, District 13, North Carolina

Jon David is the elected District Attorney for District 13 in North Carolina which is comprised of Bladen, Brunswick and Columbus Counties. He is also a former Miami-Dade Assistant State Attorney.   "The solid foundation of experiences at the Miami-Dade State Attorney's Office shaped me as a person and as a prosecutor," he explains.

 

Born in New York City, Jon's father got a job at the University of Florida and when Jon and his identical twin brother Ben were two years old, the David family relocated to Gainesville.

 

When it came time to go to college, Jon and Ben decided to go to different schools and establish their own identities, yet they remained very close. Jon went to Florida State University where he graduated with an honors degree in Criminology. He later went to the University of Florida Law School where he was Chairman of Moot Court.

 

His twin brother Ben went to law school at Wake Forest. "We are the first two lawyers in our family," he explains. "And now we are both elected District Attorneys in neighboring jurisdictions."

 

"Sometimes folks get confused when they see my brother or me and can't tell us apart, so they call us Mr. David," he chuckles.

 

Jon interned at the Gainesville District Attorney's Office during the Danny Rolling case (aka The Gainesville Ripper). "That's when I knew that this is what I wanted to do," he says. "I am a career prosecutor...this is a calling."

 

He applied to become an Assistant State Attorney in Miami. Janet Reno had just left to become Attorney General of the United States and Katherine Fernandez Rundle was sworn in as State Attorney. "I think that I was one of her first hires. I remember walking into her office and seeing the picture of her twin sons," he said. "I let her know that I was a twin and we hit it off."

 

"The coincidence of twins certainly opened the conversational door during our initial interview," commented State Attorney Katherine Fernandez Rundle. "It allowed me to see several different aspects of this young man as I quizzed him on the law and on his personal standpoints. It was a great hire from both of our perspectives."

 

During those early years, Jon had solid experiences that he still draws from today. The volume and intensity of the cases was unparalleled. "I tried over 50 cases in three years," he tells us.

 

Jon was an ASA from 1996 to 2000. According to him, the most significant case that he prosecuted was Osmel Alvarez, who impersonated a police officer and violently raped a young girl whom he "arrested" for being out after curfew. While driving to a remote location with plans to kill her and dispose of the body, the victim jumped out of his car that was moving at 70 mph and miraculously survived.

 

"We had DNA. The State Attorney insisted on having all the necessary resources. For example, litigation support made exhibits that were cutting edge and you could visually follow the sequence of events and locations. Alvarez was convicted and was sentenced to life."

 

After fulfilling his commitment at the SAO, he wanted to settle down. The DA in Wilmington made him an offer that he "couldn't refuse." Jon became Chief Assistant for Violent Crimes. He tried all the big murder cases, many of them with his twin brother Ben.

 

"Prosecutors are the voice for victims in the courtroom," he shares. "This job puts you in touch with the human condition and based on your efforts, a person's life could go in a number of different ways."

 

Jon and Ben have taken a regional approach in fighting crime because crime doesn't obey jurisdiction or stop at the county line.

 

"Here I have implemented many of the things that I learned from State Attorney Fernandez Rundle," he added. "She taught me how to involve the community. I saw that things worked in Miami so I applied them here. For example, we created Watchdog Programs, a victim centered homicide support group, a six-week in-house training for new attorneys; created a good internship program and implemented a police-prosecutor team approach to fighting crime."

 

Jon is certain that a prosecutor sets the standard for an area and can affect change in that area. To him, one person can make a big difference.

 

"To me, being a prosecutor is not a stepping stone," he says. "It's a calling and I honor my oath."


 

Courthouse Highlights
Hand and Gavel

Congratulations to Senior Trial Counsel Michael Von Zamft and Assistant State Attorneys (ASAs) Alejandra Lopez & Ansley Peacock for their guilty verdict in the double murder case against Dylan McFarlane before Judge De La O. Kudos to Trial Coordinator Jenna DeCluitt for her invaluable assistance.

 

An appellate decision upholding the conviction of a Miami-Dade serial rapist was recently confirmed by the 3rd District Court of Appeals. The hard work of ASA Audrey Frank-Aponte and her support staff led to this important ruling. 

 

Senior Trial Counsel Gail Levine and Division Chief Lara Penn were successful in obtaining a conviction against a South American man who fled the country for more than10 years before being extradited back to South Florida to face 1st Degree Murder charges

 

ASAs Kevin Gerarde and Shayn Tierney won a Failure to Obey a Law Enforcement Officer case before Judge Denaro.

 

ASA Keri Bagala got a guilty on a Battery case in Judge Newman's court.

 

ASAs Alibia Henry and Leah McGuckin also won a conviction on a Battery case before Judge Newman.

 

ASA Citra Registe won a conviction for a Leaving the Scene of an Accident case before Judge Ferrer.

                            

ASA Amanda Daniels got a guilty verdict in a Cannabis Possession case before Judge Altfield. 

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Our Community Outreach Events
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April 1 - 5 - Miami Dade County Youth Fair & Exposition, 10901 Coral Way, Miami, FL, 33165, 12:00PM - 12:00AM
 
April 1 - Citizens Crime Watch of Miami-Dade County Meeting, Doral Police Department, 1515 NW 79 Avenue, Doral, FL, 33126, 9:30AM - 12:00PM
 
April 2 - Child ID Fingerprinting Services at Chapman Partnership, 1550 North Miami Avenue, Miami, FL, 33136, 6:00PM - 8:00PM
 
April 7 - Citizens Advisory Committee Meeting, Doral Police Station, 9101 NW 25 Street, Doral, FL, 33172, 6:30PM - 8:30PM
 
April 11 - Coconut Grove Ministerial Alliance, Greater St Paul AME Church, 3680 Thomas Avenue, Miami, FL, 33133, 8:00AM - 10:30AM  
 
April 11 - Miami River Day, Lummus Park, 404 NW 3 Street, Miami, FL, 33128, 12:00PM - 6:00PM
 

April 15 - Citizens Advisory Committee Meeting, Miami Lakes Police Station, 5975 Miami Lakes Drive East, Miami Lakes, FL, 33014, 7:00PM - 9:00PM

 

April 29 - Hospitality Institute Job Fair, Greater Bethel AME Church, 245 NW 8 Street, Miami, FL, 33136, 10:30AM - 2:00PM

 

April 29 - Hammocks CAC Meeting, Miami Dade Police Hammocks District, 10000 SW 142 Avenue, Miami, FL, 33142, 7:30 - 9:00

 


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