BONIFAY – A Bonifay man found guilty as charged of 10 counts of Possession of Child Pornography Tuesday is set for sentencing July 17, State Attorney Larry Basford announced.

Benjamin Timothy Smith, 49, of Bonifay, was arrested in October following an investigation by the Florida Department of Law Enforcement. A 6-person jury deliberated for 23 minutes before finding the defendant guilty as charged.

Circuit Court Judge Russell Roberts set sentencing for July 17.

Holmes County Chief Prosecutor Jacob Cook called three witnesses and presented evidence proving that the defendant was in possession of 10 sexually explicit images of girls who
appeared to be between 6 and 10 years of age. Some of the images depicted the victims being sexually assaulted.

RELATED NEWS: 30-year sentence for inmate who attacked correctional officer

RELATED NEWS: Man guilty of sexually battering woman at gunpoint

Testimony and evidence showed that the FDLE received a tip from the National Center for Missing and Exploited Children on May 11, 2023, about suspected upload of images of sexual
exploitation of children. The NCMEC provides services nationwide to prevent the abduction and sexual exploitation of children.

That tip led them to the defendant. Investigators executed a search warrant and recovered the images uploaded by the defendant.

Basford thanked the FDLE and the NCMEC for their successful investigation.

For more information, contact Mike Cazalas at mike.cazalas@sa14.fl.gov, or call 850-381-7454.

A Bay County jury found a man guilty as charged Tuesday of numerous charges related to sexually battering a woman while holding a gun to her head, and robbing her and her boyfriend, State Attorney Larry Basford announced.

Markeal Donvelt Byrd, 40, a transient, was found guilty of Sexual Battery with the Use of a Deadly Weapon, Carjacking with a Firearm, Robbery with a Firearm, and Aggravated Assault with a Deadly Weapon.

Prosecutor Zachary VanDyke and co-prosecutor Barbara Beasley called 6 witnesses, including the two victims: the woman who was sexually battered and her boyfriend who was threatened and robbed at gunpoint on March 30, 2022.

“This is true justice for the victim,” VanDyke said. “The prompt response and actions of the Bay County Sheriff’s Office deputies and investigators, like Inv. Jake McGowin and Inv. Madison Stocks, made this successful prosecution possible.”

The jury deliberated for less than 30 minutes. Circuit Court Judge Shonna Young Gay set sentencing for Aug. 7.

VanDyke is seeking enhanced sentences by designating the defendant as a Habitual Felony Offender, a Habitual Violent Felony Offender, and a Prison Releasee Reoffender. The defendant faces Life in prison.

 

The witnesses and evidence proved that the boyfriend was in a car outside his girlfriend’s place of employment when he met the defendant and the two smoked marijuana. When the woman got off work, the defendant said he could get more marijuana for them if they would give him a ride from the beach into town.

After a failed attempt to find marijuana at a Callaway home, the male victim testified the defendant grabbed him in a bearhug, pulled a pistol on him, and forced him back into the car. The defendant held both victims at gunpoint and forced them to drive to a St. Andrews area ATM.

Testimony showed the defendant ordered the male victim to walk to a nearby ATM to withdraw money, while he stayed in the car and sexually battered the woman at gunpoint.

The defendant then forced them to drive to the Thomas Drive area. He forced them out of the car and stole it.

The victims were able to find someone with a cellphone to call Bay County sheriff’s deputies, who caught the defendant at a convenience store getting gas with the stolen vehicle.

Basford thanked the Bay County Sheriff’s Office, the victims for their testimony, and the Florida Department of Law Enforcement which provided DNA evidence corroborating the victims’ statements.

For more information, contact Mike Cazalas at mike.cazalas@sa14.fl.gov, or call 850-381-7454.

Jonathan Soo Hoo crossed the continent to find what he was looking for as the Office of State Attorney, 14^th Judicial Circuit’s newest prosecutor.

State Attorney Larry Basford announced Soo Hoo’s addition to the Bay County office this week, where he will be handling misdemeanor cases.

Soo Hoo, who grew up in California, said the conservative nature and serenity of Georgia and Florida grabbed his attention. The beaches of Florida and the atmosphere of our area sealed the deal.

“I was very familiar with the nature and feel of the more rural areas and smaller cities working in Georgia and Florida as a consultant,” Soo Hoo said. “When you take the small-town feel and combine it with the beach, it’s like a match made in heaven. The values here are my values that are often lost in bigger cities.”

RELATED NEWS: Meth trafficker gets 20 years

RELATED NEWS: Feitz sentenced to life for child sex abuse

Soo Hoo earned his law degree at the Antonin Scalia Law School at George Mason, in Fairfax,Va. He went on to volunteer for the Georgia Republican Party as a legal consultant researching the 2020 presidential election.

His decision to become a prosecutor in this area was driven by his desire to both give back to his country and focus on the rule of law, the U.S. Constitution, and the Florida Constitution.

“Now more than ever we need prosecutors who are focused on keeping people safe, and following the Constitution,” he said. “This is the most conservative part of the state, and I like that the people here share my values, standards, and beliefs. This is where I want to be long-term.”For more information, contact Mike Cazalas , or call 850–381–7454.

A man found guilty of trafficking in nearly 200 grams of methamphetamine has been sentenced to 20 years in prison, State Attorney Larry Basford announced.

Jesse I. Lambert, also known as “Mr. Miyagi,” 40, of Panama City, was found guilty of Trafficking in Amphetamines (more than 28 grams.) Circuit Court Judge Brantley Clark adjudicated the defendant guilty and ordered the 20-year sentence. Under Florida’s enhanced penalties for drug trafficking, the sentence includes a minimum-mandatory 7-years.

The 6-person jury deliberated for about 90 minutes Thursday after Prosecutor Frank Sullivan presented 2 witnesses and evidence proving the defendant was in possession of baggies containing a total of about 170 grams of methamphetamine on July 7, 2023.

RELATED NEWS: 25-year sentence for woman whose attack led to father-in-law’s death

PAST RELEASES: Archive of SAO Press Releases

Bay County Sheriff’s Office Inv. Dwight Cummings testified he and other members of the department’s Special Investigation Division were present July 7, 2023, when the defendant was stopped for a traffic infraction in the 3400 block of State 77.

Cummings’ narcotic detection K-9 “Fila” alerted to the presence of narcotics in the vehicle. In the ensuing search, investigators found more than a half-dozen baggies containing a total of about 173 grams of methamphetamine.

The defendant had been released from prison less than three months earlier after serving a 4-year sentence for Trafficking in Amphetamines (between 14-28 grams).

Basford thanked the Bay County Sheriff’s Office for its work on the case and the Special Investigations Division for apprehending the defendant before the drugs could be sold on the street.

For more information, contact Mike Cazalas at mike.cazalas@sa14.fl.gov, or call 850-381-7454.

BONIFAY – Josh White was an orientation leader at FSU 25 years ago when he fell for another orientation leader from a small town he had never heard of before. His career took them across the globe, from South Florida to France and Saudi Arabia.

COVID brought them back to her hometown of Bonifay and family in 2020, and this week White became the newest prosecutor in the 14th Judicial Circuit, State Attorney Larry Basford announced.

“I went home with her one weekend back then and it was like I stepped back in time, and I liked it,” White said. “Big cities are a lot like big restaurants – they’re nice but they’re all kind of the same. The little restaurants, like little towns, are unique and Bonifay is a really nice place to raise a family.”

White and Sarah Swindle White, whose father Dr. Jeff Swindle was a longtime Bonifay dentist, soon married. White was a law clerk for Judge Polston at the First District Court of Appeal, and a commercial litigator at Akerman LLP in South Florida. His career then took his family to Saudi Arabia where he was in-house counsel for ARAMCO for nine years. He then joined AIRBUS in France for about three years.

RELATED NEWS: 25-year sentence for woman whose attack led to father-in-law’s death

BOOKMARK THIS: Archive of past Press Releases

FOLLOW ON FACEBOOK: Latest SAO updates here

In 2020, COVID, and the family’s desire to live and raise their family in America, brought them back to Bonifay.

“We bought a house here. We came and stayed during COVID because France had onerous and authoritarian lockdown requirements,” White said. “When you live overseas for a long time, your kids become third-culture kids and they don’t really understand their identity as Americans. I wanted our kids to know and love America and to value their American identity.”

That awakening is also what brought White to the SAO, handling misdemeanor cases in Holmes and Washington counties.

“I really love America,” he said. “I’ve lived in a lot of places and America is an amazing country. A benefit of being back home is that I want to serve in some small way, and this is something I was attracted to even when I was in law school.”For more information, contact Mike Cazalas , or call 850–381–7454.

A woman charged with beating her 85-year-old father-in-law severely enough that the injuries led to his death was sentenced to 25 years in prison Friday, State Attorney Larry Basford announced.

Amanda Rae Julian, 33, of Panama City, pled no contest Friday to Aggravated Manslaughter of an Elderly Person, Aggravated Battery on a person over 65, Felony Battery, Battery on a Law Enforcement Officer and 1 misdemeanor. Circuit Court Judge Brantley Clark accepted the plea, adjudicated the defendant guilty and ordered the 25-year prison sentence.

Prosecutor Frank Sullivan was prepared to call witnesses and offer evidence at trial that the defendant arrived home intoxicated the evening of Feb. 19 and attacked Jerry Lee Julian, her 85-year-old father-in-law, in the garage.

RELATED NEWS: Feitz sentenced to Life in child sex abuse case

RELATED NEWS: Vernon man guilty of torching same SUV twice

The evidence would have shown the defendant struck the victim repeatedly and knocked him down, causing, among other injuries, a severe head wound. The victim was able to give Bay County Sheriff’s Office deputies a statement, identifying his attacker and describing the beating.

The defendant was arrested that evening, and the victim was taken to the hospital. He succumbed to his injuries the next day.

Basford thanked the Bay County Sheriff’s Office for its work on the case.

For more information, contact Mike Cazalas at mike.cazalas@sa14.fl.gov, or call 850–381–7454.

A local podiatrist was sentenced to Life in prison Thursday following his May 1 conviction for sexually abusing a child, State Attorney Larry Basford announced.

Circuit Court Judge Brantley Clark sentenced Dr. Daniel E. Feitz, 61, to Life in prison for Sexual Battery Upon a Child Less Than 12 Years of Age, Life in prison for Lewd or Lascivious Molestation, and 15 years for Lewd or Lascivious Exhibition. The sentences will run concurrent, or at the same time.

Judge Clark also designated the defendant as a Sexual Predator.

Lead Prosecutor Frank Sullivan and Prosecutor Morgan McAfee called 7 witnesses, including the victim, during the 2-day trial proving the defendant committed the acts against the child when she was 10 years old.

The jury deliberated for a little over an hour and a half before returning its verdict.

“The jury’s verdict in this case not only brings justice to the victim, but also gives her closure and the opportunity to move forward with her life in a meaningful way,” Sullivan said after the verdict.

RELATED NEWS: Jury finds Feitz guilty

RELATED NEWS: Vernon man guilty of setting fire to same SUV twice in 1 month

Basford thanked the Bay County Sheriff’s Office, the Gulf Coast Children’s Advocacy Center, and Florida Department of Law Enforcement for their work on the case.

For more information, contact Mike Cazalas at mike.cazalas@sa14.fl.gov, or call 850-381-7454.

BONIFAY –  A Vernon man was found guilty as charged on Tuesday of setting fire to the same SUV twice within a month, State Attorney Larry Basford announced.

Wiley Coleman Armstrong, 67, was found guilty of two counts of Second-Degree Arson. Circuit Court Judge Russell Roberts set sentencing for June 19. Each charge is a Second-Degree Felony punishable by up to 15 years in prison.

Jurors deliberated for about 15 minutes after hearing the evidence presented by Holmes County Chief Prosecutor Jacob Cook before returning their verdict.

FAST UPDATES: Follow our Facebook Page

RELATED NEWS: Holmes man facing sentencing for using vehicle as weapon

Cook called 6 witnesses, including Inv. Rudy Citron with the Bureau of Fire, Arson & Explosives Investigations, and presented evidence proving the defendant was responsible for setting fire to the same SUV in January and February 2023.

Testimony showed a 2008 Chevrolet Tahoe was set on fire on Sunday, Feb. 5, 2023, at an All Star Tire and Performance in Bonifay. Video surveillance showed a man approaching the vehicle, opening the rear passenger door and pouring what appeared to be an ignitable liquid into the vehicle before setting it on fire.

While reviewing surveillance footage for the February fire, video was found showing that the same man approached the same vehicle and doing the same thing on Jan. 10, 2023. But on that date, when the defendant shut the rear door, the fire was smothered and not discovered at that time.

Investigators were able to identify the defendant as the man in the videos.

Overall damage to the business was estimated at more than $30,000.

Basford thanked the Bureau of Fire, Arson & Explosives Investigations for the thoroughness of its investigation.For more information, contact Mike Cazalas at mike.cazalas@sa14.fl.gov, or call 850–381–7454.

A man who opened fire on a person who punched him in a bar, striking and killing an innocent bystander, was given 2 Life sentences Wednesday, State Attorney Larry Basford announced.

Prosecutor Peter Overstreet successfully argued for Deerik Marquis Bell, 38, of Panama City, to be given consecutive sentences enhanced by designating him as a Prison Releasee Reoffender, designating him a Habitual Felony Offender, and sentencing him under Florida’s 10-20-Life law.

With these designations, Circuit Court Judge Shonna Young Gay sentenced Bell to Life in prison for both Manslaughter (while armed) and Attempted Second-Degree Murder (with discharge of a firearm) and ordered the sentences to run consecutive to each other.

RELATED NEWS: Deerik Bell guilty in shooting death of innocent bystander

RELATED NEWS: Prison Releasee gets max sentence for ramming ATV

The defendant previously served 5 prison sentences and had been released from the latest less than 6 months before the Sept. 2021, shooting death of Tracy Eckman at the Outrigger Lounge. He was found guilty at trial March 20.

“With today’s two life sentences, the family of Mr. Eckman finally have closure from this senseless killing,” Overstreet said. “It is a reminder that our law enforcement partners and the State Attorney’s Office will continue to seek justice for our victims and hold those who break our laws fully accountable.”

Overstreet noted Eckman was a popular and friendly customer. He was minding his own business that night with friends when shots rang out. The defendant, “a convicted felon who shouldn’t have had a gun in the first place,” was punched by another man, and responded by “immediately pulling his gun and firing.”

 

Both shots missed the man who threw the punch: 1 bullet struck and killed Eckman while the other bullet buried itself in the back of a chair in which a female patron was sitting.

“It was crowded, it is only by the grace of God nobody else was struck by gunfire by Mr. Bell,” Overstreet said.

Noting the defendant’s 16 prior felonies and prison sentences, Overstreet said there “was nothing left the system can do” and asked for the Life sentences.

Basford thanked the Panama City Police Department and case agent Cpl. Matthew Kelly for their work on the case.

For more information, contact Mike Cazalas at mike.cazalas@sa14.fl.gov, or call 850–381–7454.

(Follow our Facebook Page here for instant updates on all press releases)

BONIFAY – A Westville man who was only out of prison about 6 months before picking up charges for intentionally ramming an ATV has been sentenced to 15 years in prison, State Attorney Larry Basford announced.

Holmes County Chief Prosecutor Jacob Cook successfully argued to have Jesse David Hicks, 31, sentenced as a Prison Releasee Reoffender. Judge Colby Peel ordered the mandatory sentence of 15 years. The defendant, as a Prison Releasee Reoffender, will have to serve every day of that sentence with no gain time.

“In order to keep our communities safe, it is critical to seek enhancements on criminals who have been recently released from prison,” Cook said. “Based on this defendant’s criminal history he presented a danger to the community and our circuit is now a safer place with him spending the next 15 years behind bars.”

RELATED NEWS: Marianna man who molested teen sent to prison

RELATED NEWS: “Scoop” trafficker sentenced to mandatory 15 years

A jury deliberated for about 20 minutes in March before finding Hicks guilty of Aggravated Battery and Leaving the Scene of an Accident with Injuries for the April 2023 incident.

At the trial, Cook called four witnesses and presented evidence gathered by the Florida Highway Patrol and the Holmes County Sheriff’s Office. It showed the victim was stopped on Arrant Road at County 181 when he saw the defendant approaching in his truck.

Testimony showed that the defendant ran into the ATV and pushed it into a ditch, where it overturned. The evidence showed that the victim had never met the defendant and the victim was out with his wife and 2-year-old granddaughter to take her swimming at Lake Cassidy when he was struck.

The defendant fled but was later spotted near the scene and taken into custody by FHP and Holmes County Sheriff’s Office deputies.

Basford thanked the FHP and Holmes County Sheriff’s Office for their work and collaboration on the case.

For more information, contact Mike Cazalas at mike.cazalas@sa14.fl.gov, or call 850-381-7454.