Police Briefs 11/15/18

Clay County Sheriff's Office
Posted 11/14/18

Elder abuse charge for OP womanORANGE PARK – An Orange Park woman was arrested on Nov. 13, at 3:31 p.m. by the Clay County Sheriff’s Office for simple battery on a person 65 or …

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Police Briefs 11/15/18

Posted

Elder abuse charge for OP woman

ORANGE PARK – An Orange Park woman was arrested on Nov. 13, at 3:31 p.m. by the Clay County Sheriff’s Office for simple battery on a person 65 or older.

Police said Melissa Ann Kennelly, 24, and her 68-year-old father got into an argument Tuesday afternoon that led to Kennelly leaving a red mark on her father’s face and small bruise on his right leg, according to the police report.

The police report does not indicate what the argument was about or why it escalated to physical altercation. It also does not state how Kennelly injured the victim, but it does explain that what the victim said happened was consistent with the injuries present.

After this altercation, the victim called the police and, shortly after, Kennelly was arrested and charged with simple battery on a person 65 or older. She was transported to the Clay County Jail where she remained at press time with bond set at $1,503.

Palatka man charge with adult imprisonment

FLEMING ISLAND – A Palatka man was arrested on Nov. 10, at 3 a.m., by the Clay County Sheriff’s Office on charges of felony domestic battery by strangulation and adult false imprisonment.

Police responded to a call for service at Orange Park Medical Center the night of Nov. 10. When police arrived, they were advised that the Jacksonville Fire Department had transported the victim to OPMC, the police report states. At OPMC, police from the Jacksonville Sheriff’s Office were also present and said they had been asked to track a phone number belonging to the victim because she was in danger from her ex-boyfriend, according to the police report.

JSO tracked the phone and found the victim’s car in a parking lot. When police approached the vehicle, they found the victim unresponsive in the front seat. At that point, the victim was transported to OPMC.

CCSO police contactd the victim in OPMC and observed multiple face and head injuries, including a split upper lip. From there, CCSO went to the 6100 Block of Townsend Boulevard in Duval where they met with JSO officers who were standing with the victim’s vehicle and offender, Darrell Lamar J Rasher, 21.

After an interview at the CCSO Orange Park substation, police determined they had probable cause to charge Rasher with felony domestic battery by strangulation and false imprisonment. Police said rasher punched the victim in the face and forced her to stay in the vehicle with him against her will.

Rasher was then transported to the Clay County Jail where he is being held on $110,009 bond.

Elder abuse charge for Fleming Island woman

FLEMING ISLAND – A thrown Capri Sun apparently led police to arrest a Fleming Island woman on one felony and one misdemeanor on Nov. 8.

The Clay County Sheriff’s office arrested Arian Zaman, 23, and charged her with with one count of simple domestic battery and elderly abuse.

According to the arrest report, deputies were called to the home after the report of a domestic incident in progress.

Upon arrival, deputies noticed a Capri Sun juice packet that had been thrown and a couch in the residence pulled out from against a wall. Deputies contacted the victims, both of whom provided sworn written statements of the incident.

Deputies also noted that one of the victim’s cheeks was red, consistent with being punched.

Deputies then made contact with Zaman who, after initially refusing, provided a written statement on the incident. At some point during the incident it is believed that the Capri Sun had been thrown and Zaman had punched one of the victims.

Deputies determined that Zaman was the primary aggressor in the incident and she was arrested and taken to the Clay County Jail.

At press time, Zaman was free on bond.

Sexual cyber charge for OP woman

ORANGE PARK – An Orange Park area woman is being charged with cyber sexual harassment after she allegedly posted nude photos of another woman on social media.

The Clay County Sheriff’s Office arrested Brittany Nicole McElveen, 29, on Nov. 8 for allegedly posting the nude photos of a woman in an attempt to ruin her life.

According to the warrant, on Oct. 24, McElveen posted the nude photos of the victim on the social media site Facebook.

The victim apparently had some type of relationship with McElveen’s boyfriend and she was upset over this. Along with the photos, McElveen posted the victim’s full name, phone number and her employment information.

McElveen was arrested at her home on the 2000 block of Sunrise Village Drive A and is charged with sexual cyberharassment, a misdemeanor.

At press time, McElveen was free on bond.

Orange Park man killed in Baker County crash

MACCLENNY – The Florida Highway Patrol reports that a 22-year-old Orange Park man died Nov. 7 in a two-vehicle crash in Baker County.

FHP said Francisco Rodrigue-Alamo was heading westbound in a 2006 Honda Civic on U.S. Highway 90 when the accident occurred at 5:24 a.m. near Possum Trot Road.

According to the FHP press release, for some unknown reason, Rodrique-Alamo’s car was struck head-on by a 2014 Chrysler 300 sedan that was heading eastbound.

The impact of the crash caused the Civic to rotate counter-clockwise and come to rest on the north shoulder of U.S. 90 facing an eastern direction.

Officials at UF Health Hospital in Jacksonville said Rodrigue-Alamo died at the hospital.

The driver of the Chrysler, Allison Dicks, 39, and a passenger, Tony Stokes, 40, both of Lake City, were transported to Shands Lake Shore for treatment for minor injuries.

FHP said roadway visibility was limited due to dense early morning fog. The investigation remains open and charges are pending.

Court grants ‘Sovereign Citizen’ appeal

TALLAHASSEE – A Clay County man currently serving a 70-month sentence in federal prison for a conviction of producing 50 grams of methamphetamine or more will be returning to a Clay County courtroom for a new hearing.

The First District Court of Appeal recently published an Oct. 31 ruling that granted the appeal for Richard Price Tucker, 47, of Middleburg. Tucker filed the appeal on May 2.

In his appeal, Tucker acted as his own attorney, and claimed he was not allowed to have what’s called a Faretta hearing in his most recent case involving multiple elected officials in Clay County and Florida. A Faretta hearing, according to a 1975 U.S. Supreme Court ruling, is held to determine whether a defendant “intelligently and knowingly” waives their right to legal counsel.

With the Oct. 31 First DCA ruling, Tucker’s case will come back to a Clay County courtroom to hold “a new revocation of probation hearing that will include instructions for the court to conduct a proper Faretta inquiry at every critical stage of the proceeding if appellant chooses to represent himself,” states the First DCA ruling.

The Sixth Amendment of the U.S. Constitution provides a right to assistance of counsel during what are called all “critical stages” in a criminal proceeding. Subsequent Supreme Court case law determined that critical stages include arraignment, a post-indictment lineup or interrogation, plea negotiations and entering a plea of guilty.

In Tucker’s appeal, he claimed he was not given a Faretta hearing at the point in legal proceedings in which he requested to represent himself.

According to court documents Tucker filed in 2015, Tucker attempted to fraudulently use the names of Fourth Circuit Court Judges John H. Skinner and William Wilkes, former Fourth Circuit State Attorney Angela Corey and Clay County Clerk of Court Tara Green and have them become financially responsible for all of his debts using dubious forms from the Internal Revenue Service. The case also involves Teresa Nechvatal, who at the time, served as a legal secretary for Assistant State Attorney James Boyle, who was also listed as a victim in the case.

At the same time Tucker was serving his federal drug sentence, his rap sheet still included a 13-month sentence he was handed in Clay County for lewd and lascivious battery on a victim between the ages of 12 and 16, which would be followed by a five-year sentence of sex offender probation. Officials suspended his state charges while he served his federal sentence.

While sitting in federal prison, Tucker acted as his own attorney and attempted to appeal his federal drug conviction despite having entered a voluntary plea agreement. On February 25, 2015, U.S. District Court Judge Marcia Morales denied Tucker’s appeal.

At one point in the proceedings of his 2015 case, Tucker also filed court motions claiming his Fifth and Sixth Amendment rights under the U.S. Constitution had been violated.

At one point, while being held in the Clay County Jail, Tucker also claimed to have copyrighted his name and threatened copyright infringement at any time his name was used in print without his permission. He stated his name is valued at $2 million.

On April 20, 2017, Tucker was sentenced to six, concurrent 10-year sentences for six counts of attempted unlawful filing of false documents or records against real or personal property and sent back to federal prison.

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