A Panama City man found passed out in his car with drugs and paraphernalia visible was sentenced to 54 months in prison today, State Attorney Larry Basford announced.

Avery Lane McSwain, 44, pled No Contest to Trafficking in Methamphetamine (more than 14 grams), Possession of a Controlled Substance, and Possession of Paraphernalia. Circuit Court Judge Timothy Register accepted the plea and sentence, which includes a 3-year minimum-mandatory under Florida’s enhanced drug statutes. The defendant was also fined $50,000.

Prosecutor Jeff Moore was prepared to call witnesses and introduce evidence that the defendant was in possession of the drugs in his car on June 2, 2024.

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Bay County Sheriff’s Office Sgt. J. Turner and Deputy D. Heape were on patrol that morning when they saw the defendant’s vehicle on the shoulder of Big Daddy drive with the defendant “slumped over” in front of the steering wheel

The deputies stopped to check on the man’s welfare and could see a piece of tin foil with suspected drug residue, a straw used to snort drugs, a clear baggie with powder in it, and a lighter. They awakened the defendant and asked him to exit the vehicle.

In the pocket of the opened driver’s door, deputies saw a baggie of a clear substance that turned out to be about 21 grams of methamphetamine.

The defendant has a long history of drug-related arrests and previously served a short prison term for possession of heroin.

Basford thanked the Bay County Sheriff’s Office deputies for their proactive efforts on patrol.

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

 

A Georgia woman was found guilty of Vehicular Homicide Friday evening in the 2022 death of a motorcyclist during Thunder Beach 2022, State Attorney Larry Basford announced.

Tammi Michelle Hornsby, 50, of Senoia, Ga., was found guilty in the death of David Wayne Wooten, 47, of Douglasville, Ga. The jury deliberated for about 3 hours after two days of testimony. Circuit Court Judge Shonna Young Gay set sentencing for Nov. 4. Vehicular Homicide is a Second-Degree Felony punishable by up to 15 years in prison.

Chief Assistant State Attorney Mark Graham and Prosecutor Jack Lyons called 5 witnesses and presented evidence – including video of the collision. They proved Wooten died April 30, 2022, when Hornsby’s speeding Jeep struck his motorcycle as he tried to cross Thomas Drive to turn left from Silver Sands Road.

The vehicles erupted in a ball of fire, creating a chaotic scene as witnesses from nearby businesses rushed to offer aid. The evidence showed Hornsby, westbound on Thomas Drive, was driving about 30 mph over the speed limit, crossing lanes, had been drinking, and did not take any evasive action until .8 seconds before impact.

“Let’s get one thing straight right here,” Graham told jurors in his closing argument. “But for her speeding, Mr. Wooten would still be alive today and we wouldn’t be here. We have her speeding, we have her impaired, we have her driving 64 mph during bike week in a 35 mph zone. We have her crossing not just one, but one, two, three street walks with signs.”

“He could’ve safely crossed if she was going 35 mph, but she wasn’t, she was going almost double that, and that’s the problem.”

Wooten was southbound at Thomas Drive on his motorcycle waiting to turn left. Surveillance video from nearby businesses showed the victim waiting as one car passed at what appeared to be a normal speed. As Wooten crossed the intersection, the defendant’s car appears from the east at a high rate of speed, hitting the victim as he was almost across the intersection.

He suffered severe head injuries and was pronounced dead at the hospital.

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Trooper Cory Guster testified that the defendant smelled of alcohol, showed clear signs of being under the influence, refused to take a field sobriety test, and refused to take a breathalyzer.

“Put together all her actions, how she was driving, the circumstances,” Graham said. “She knew she’d been drinking, she knew she was speeding. She flat-out told (the trooper) no when asked to take the test. Her normal faculties were impaired.”

Trooper Samuel Ellis’ Traffic Homicide Investigation and data retrieved from the defendant’s Event Data Recorder in her jeep showed she was going 64 mph 5 seconds before the impact and didn’t apply the brakes until .8 seconds before impact.

It all added up to one thing, Graham said: But for the defendant’s high rate of speed and impaired ability to react, the wreck never would have occurred.

Basford thanked the Florida Highway Patrol for its work on the case and the eyewitnesses who came forward for testifying.

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

 

 

 

BONIFAY – A man who pulled a gun and shot an unarmed man rather than “lose a fight” was sentenced to 30 years in prison Wednesday, State Attorney Larry Basford announced.

Matthew Ryan Peoples, 35, was found guilty as charged of Second-Degree Murder last month by a jury that also found he was armed with and used a firearm. Circuit Court Judge Russell Roberts explained during sentencing that under Florida’s 10-20-Life law, the sentence could range from a minimum-mandatory 25 years up to Life.

Prosecutor Peter Overstreet asked for a Life sentence.

“I don’t make any secret that I’m kind of an eye-for-eye kind of person, and I think the appropriate sentence is Life,” he said. “I think if you take a life, you better be willing to give up your own.”

The victim’s mother wrote a victim impact statement that Overstreet read to the court.

“The day you killed my son, you killed a piece of me as well,” she wrote. “I’ll never be the same. I cry every day because I miss him so much.”

After the sentencing, she thanked Overstreet for advocating for her son and the family.

“Mr. Overstreet did a wonderful job for us, he was there for us and we’re grateful that he worked so hard on this,” she said. “We knew someone cared.”

The defense asked for the minimum 25-year sentence. Judge Roberts handed down a 30-year sentence and added probation for life along with restitution.

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At the July trial, Overstreet and Prosecutor Jacob Cook called 10 witnesses and presented evidence proving that the defendant shot Pate, who was unarmed, after an evening of verbal disturbances between the victim and the defendant’s sister.

 

 

 

 

 

 

 

The defendant, 35, claimed the victim, 30, had threatened to beat him up and was walking toward him, aggressively on Sept. 4, 2023, when the shot was fired.

“This was an avoidable tragedy, 100 percent avoidable,” Overstreet said. “But the defendant chose to involve a gun from the outset … he was like a cowboy. He’s calling out to the victim, basically whacking the hornet’s nest, and then is surprised when Mr. Pate reacts so he shoots him.”

Basford thanked the Bonifay Police Department for its response and initial investigation, along with the Holmes County Sheriff’s Office for its assistance.

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

The Bay County dealer who supplied the fentanyl that caused the overdose death of a Chipley woman has been sentenced to the maximum 15 years in prison, State Attorney Larry Basford announced.

Amber Rae Grant, 39, pled guilty to Manslaughter Thursday and was sentenced by Circuit Court Judge Timothy Register. The charge is a Second-Degree Felony punishable by up to 15 years in prison. The victim would have turned 46 today, Aug. 15.

“This case shows that we and our law enforcement partners will hold drug dealers accountable for the consequences of their choices,” said Prosecutor Peter Overstreet. “The Bay County Sheriff’s Office conducted a thorough and diligent investigation from the start that helped enable us to settle this case. Fentanyl is a powerful and deadly drug, and those selling it can face severe consequences.”

Overstreet was prepared to call witnesses and present evidence proving that Grant sold the victim .3 grams of fentanyl and .3 grams of methamphetamine in exchange for some stolen clothes on Sept. 10, 2023.

The evidence would have shown the exchange took place in the Callaway area. The victim snorted the fentanyl and quickly began to show signs of overdosing. Bay County Sheriff’s Office investigators interviewed friends of the victim as well as the defendant about what happened next.

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The defendant said she thought she had Narcan – a medication used to rapidly reverse the effects of an opioid overdose – at her home so she used the victim’s car to drive her there. But she could not find the Narcan and the victim continued to show signs of overdosing. Friends drove the victim to a parent’s house where aid was attempted until law enforcement and medical personnel arrived.

Medical examiner reports showed the victim had 125 ng/ml of fentanyl in her blood – a lethal dose is 3 ng/ml – and was the cause of her death.

The BCSO Special Investigations Division served a search warrant on the defendant’s home

Sept. 23, 2023, and found 9.2 grams of methamphetamine in one baggie, 1.9 grams of fentanyl in another baggie, 4 oxycodone pills, and nearly 3 dozen suboxone pills.

Basford thanked BCSO for its thorough approach and investigation.

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

MARIANNA – A man who chased and assaulted his female friend and a woman trying to help her escape him has been sentenced to 48 months in prison, Attorney Larry Basford announced.

Kenneth Allen Polk, 42, of Slocomb, Ala., was found guilty June 25 of two counts of Aggravated Assault with a Deadly Weapon. He was arrested by Jackson County Sheriff’s Office deputies after he pursued the women in a vehicle from Alabama. Circuit Court Judge Ana Maria Garcia Tuesday sentenced Polk to 48 months in prison.

Prosecutor Lawrence Gill along with co-counsel Jake Mitchell called four witnesses – including the two victims and the first Jackson County Sheriff’s Office deputy on the scene – and presented evidence proving the defendant committed the crimes on Dec. 10, 2022, during an outing that began in Alabama.

“This has been an emotional and frightening ordeal for both victims and we are glad to see the defendant is going to pay a price for his decisions that day,” Gill said. “This was a nightmare for them and we hope this helps bring them some peace.”

The evidence showed the defendant and the first victim, his “on-again, off-again” girlfriend, were in Dothan, Ala., on Dec. 10, 2022. They were in the woman’s car, with the defendant driving, when Polk started an argument that began to turn physical.

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When Polk stopped the car at an intersection with U.S. 231 in Alabama, the victim broke away and ran to a car that was behind them in traffic for help. That female driver let the woman in and left driving south toward Florida.

The evidence showed Polk aggressively chased the women into Florida while they were on the phone with 911. He forced them off the road and tried to get in the car when they again escaped, eventually taking refuge in a store until Jackson County Sheriff’s Office deputies arrived.

Basford thanked the 911 operator and Jackson County Sheriff’s Office for their response to and handling of the situation.

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

A Panama City man who solicited a female juvenile for sex was found guilty as charged Tuesday and sentenced to 54 months in prison, State Attorney Larry Basford said.

A jury took about 10 minutes of deliberation to find Juan Montes Martinez, 50, guilty of Solicitation of a Minor for Sexual Conduct. Circuit Court Judge Dustin Stephenson adjudicated the defendant guilty and handed down the sentence.

Prosecutor Morgan McAfee called two witnesses – the victim and the responding Panama City Police Officer – to prove the defendant’s guilt.

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The evidence included texts the defendant sent the victim in August 2024 offering to pay her weekly for sexual activity. The victim did not respond. The defendant next texted her to delete the previous message.

Instead, police were contacted.

The defendant has a lengthy arrest record over the last 20 years for crimes ranging from Battery to Aggravated Assault with a Weapon – with the latter landing him a 3-year prison term in 2012.

Basford thanked the Panama City Police Department for its work on the case, and the victim for coming forward and testifying.

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

A woman charged with giving her husband a pistol during a disturbance at a convenience store was sentenced to 10 years in prison Thursday for the subsequent shootings that wounded two people, State Attorney Larry Basford announced.

Circuit Court Judge Shonna Young Gay sentenced Norma Jean Thomas, 50, to 10 years in prison to be followed by 5 years on probation. At her June trial, the defendant was found guilty of 2 counts of being a Principal to Aggravated Battery, 2 counts of Aggravated Assault with a Deadly Weapon, and 1 count of being a Principal to Shooting into an Occupied Vehicle.

The charges stemmed from an Aug. 14, 2022, shooting that began as a disturbance between two groups of people in two separate vehicles at a Thomas Drive convenience store. Prosecutor Zachary VanDyke called witnesses and put on evidence – including surveillance video – proving that the defendant handed her husband a gun after the initial confrontation as the victims tried to leave in their truck.

The defendant’s husband, Tighree Thomas, fired 8 shots at and into the truck, hitting two people. He is serving a 20-year prison sentence after pleading no contest to two counts of Aggravated Battery with a Firearm, two counts of Aggravated Assault, and one count of Shooting into an Occupied Vehicle.

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At sentencing, VanDyke said the victims declined to attend. “They don’t want to give up any more of their time today … they’ve already lost so much time as a result of the shooting, the injuries, the damages,” he said.

VanDyke told Judge Gay that while Tighree Thomas pulled the trigger, it was Norma Thomas who handed him the gun as he walked toward the victims.

“If the Court recalls the video, it was a very violent attack, not just by him but by this defendant,” he said. “She made a choice, and she forever impacted 6 lives by getting that gun out.”

Basford thanked the Bay County Sheriff’s Office for their hard work on the case that has now helped put both defendants in prison.

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

A man found guilty Wednesday of sexually molesting a young girl was sentenced to Life in prison without the possibility of parole, State Attorney Larry Basford announced.

Jermaine Johnathan Stewart, 25, was found guilty of Lewd or Lascivious Molestation after a 1-day trial Wednesday. The jury deliberated about 90 minutes after Prosecutor Morgan Morrell delivered her final argument.

 

“We’re pleased with the verdict and the Life sentence, which would not have been possible without the courage the victim showed in testifying,” Morrell said. “This is something she will have to deal with the rest of her life, but thanks to her he won’t have a chance to abuse another child.”

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The victim, who was 9 years old when the charged offense occurred, testified that the defendant had molested her repeatedly in 2020 and 2021. She was too afraid to report it immediately, and for a period of time did not see the defendant.

She said she was triggered last year when she realized the defendant was following one of her social media accounts, and she was emotionally overwhelmed.

She disclosed the abuse to her mother, who called the Bay County Sheriff’s Office. The Gulf Coast Children’s Advocacy Center then conducted a forensic interview of the victim to obtain details of the abuse. Jurors viewed a video of that interview.

Basford thanked the Sheriff’s Office for its response and the GCCAC for its thorough interview of the victim.

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

 

CHIPLEY – A man who attacked and severely assaulted two women earlier this year, resulting in one of them dying, pled to 8 felony charges and received 3 Life sentences Friday, State Attorney Larry Basford announced.

David Earl Gipson, 40, of Caryville, was adjudicated guilty of Second-Degree Murder, two counts of Sexual Battery with the use or threat of a deadly weapon, Aggravated Battery on a Person 65 years of Age or Older, Aggravated Battery with a Deadly Weapon and Bodily Harm, False Imprisonment, Abuse of a Dead Human Body, and Felon in Possess of an Electric Weapon or Concealed Weapon.

Circuit Court Judge Timothy Register accepted the plea after hearing the charges as outlined by Washington County Chief Prosecutor Megan Ford, with the family saying they agreed with the outcome.

“In our small communities, neighbors help neighbors,” said Megan Ford from the State Attorney’s Office. “This kind of violence doesn’t happen here. It is rare to bring a case of this magnitude to a close in less than 3 months. We are grateful for the collaboration and commitment that brought swift justice in this case.”

The horrific case came to light April 28 when a naked and bound woman escaped from the “box” the defendant put her in and ran through the woods until she found a road and was able to get help.

She told Washington County Sheriff’s Office investigators that Gipson, armed with a gun, severely beat 74-year-old Lettie Cooper Collins, rendering her unconscious, then tied her hands, feet and head. The defendant also brutally attacked the complainant, bound her in a similar manner, and packed items from the home into Collins’ car.

She said the defendant drove her to his residence, still bound, and put inside of a black box inside his shed. He then left, and she was able to use her legs to break out of the box and run.

Based on the information the woman gave investigators they found Collins’ body and launched an intensive manhunt for the defendant. They captured him the next day.

The surviving victim said in a statement read at sentencing that as she fled through the woods her biggest fear was that the defendant would find her before she could get help for Collins.

“I was scared, confused and just trying to survive,” she said. “I walked down the road, screaming for help, soaking wet, handcuffed, and terrified. Cars passed by, and no one stopped.”

Then a friend saw her and stopped, staying with her until help arrived.

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Those who spoke at sentencing or had their victim impact statements read to the court described Collins as a beloved member of the community and her family, a woman who was constantly helping others. She had previously helped the defendant, providing him food and occasionally shelter.

“She was the kind of woman who left a lasting impression on everyone she met,” one relative said. “She didn’t have enemies. All she ever gave to the world was kindness, patience, and love.”

She loved to fish, and nearly everyone mentioned memories of fishing with her or enjoying the fruit she grew.

“This is not goodbye to my mom,” one of her children said. “It may not be anytime soon, but I will see her again.

“Until then I love you and miss you.”

Basford thanked the Washington County Sheriff’s Office for its rapid response to the situation and handling of the case, as well as the nearly 2 dozen law enforcement agencies that assisted in the hunt for the defendant.

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