Man guilty of sexual battery

A 46-year-old Panama City man was found guilty Thursday night of sexually battering a woman who said the defendant had sex with her while she was knocked out from a prescribed medication, State Attorney Larry Basford announced.

Ray Aaron Linder was found guilty Thursday evening after the jury deliberated for about two hours. Circuit Court Judge Dustin Stephenson set sentencing for March 3.

Prosecutor Ryan Phillips called three witnesses, including the victim, and presented evidence showing the defendant engaged in sexual intercourse with her while she was “knocked out” from Ambien that had just been prescribed to her.

“It is never permissible to initiate and engage in sexual intercourse with someone incapable of giving consent,” Phillips said. “The victim showed courage in reporting this, following through and testifying at trial and we are pleased with the jury’s verdict.”

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In addition to the testimony from the victim and the Panama City Police Department officers on the case, Phillips introduced pictures and a short video pulled from the defendant’s phone that appeared to show a partially undressed woman sprawled in bed, and a picture depicting intercourse.

The video had no sound, but the victim testified she had an alcoholic beverage earlier and took her Ambien before going to bed. She testified she did not give the defendant permission to have sex with her or to take pictures/video of it.

When the victim called police, she said she had confronted the defendant who admitted what happened and tried to show her pictures on his phone. Those were the pictures later found by police after they obtained a search warrant for the defendant’s phone.

Basford thanked the Panama City Police Department for its work on the case and the victim for her testimony.

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

Johnson guilty of drug trafficking, sentenced to 30 years

Prosecutor Morgan McAfee during her opening statement to jurors.

A man found guilty of Trafficking in Amphetamine and two charges related to his arrest was sentenced to 30 years in prison Wednesday after being found guilty as charged, State Attorney Larry Basford announced.

Calvin Lavor Johnson, 36, of Panama City Beach, was found guilty of Trafficking in Amphetamine (28 grams or more), Tampering with Physical Evidence, and Resisting an Officer without Violence.

Circuit Court Judge Dustin Stephenson sentenced Johnson to 25 years on the trafficking charge, and 5 years consecutive to that for the tampering charge. The trafficking charge also carries a minimum/mandatory 7 years in prison. Judge Stephenson also ordered a $100,000 fine.

The defendant twice before has been to prison and most recently was released in September 2022 – about two years before these charges – for Possession of Cocaine with Intent to Sell.

“Florida is tough on drug trafficking for a reason,” Prosecutor Morgan McAfee said. “He was only out of prison for two years before he was found with a trafficking amount of methamphetamine. The escalation of possession to trafficking is concerning.”

In addition to the drugs, McAfee noted the defendant’s 5-month-old child was in the home.

The defendant and pills recovered from his home.

McAfee presented evidence and testimony from Bay County Sheriff’s Office Special Investigations Division investigator to prove the State’s case. The jury took less than 30 minutes to find the defendant guilty.

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McAfee showed that the Bay County Sheriff’s Office’s SID obtained a search warrant for the defendant’s home following an investigation. They served the warrant Nov. 19, 2024. Inside the residence deputies found an assortment of colored pills that appeared to be Ecstasy, but which were determined by the Florida Department of Law Enforcement to be Methamphetamine.

Pressed pills were found in a bag and in the bathroom around the toilet, where it appeared someone had been flushing them. As investigators searched, the defendant admitted to using Ecstasy, said the drugs that were found belonged to him, and that he had flushed what he claimed to be Adderall down the toilet.

Basford thanked the BCSO SID unit for its proactive work in stopping the drugs from hitting the streets.

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

Man guilty in Waffle House homicide set for sentencing March 5

A man found guilty of Manslaughter, Attempted Second-Degree Murder, and Grand Theft of a Firearm in the June 2025 shooting death of a man in a Waffle House parking lot is set to be sentenced March 5, State Attorney Larry Basford announced.

JaZai Mitchell, 19, of Panama City, was found guilty Friday by a jury that deliberated for about 2 hours after hearing the case presented by Prosecutor Peter Overstreet. Overstreet called 16 witnesses, ranging from Panama City Beach Police Department officers and Florida Department of Law Enforcement analysts to Medical Examiner Jay Radtke and a witness at the scene.

Mitchell was found guilty in the death of 19-year-old JaDion Hughes. The evidence showed Mitchell robbed Hughes’ friend – Hughes was not armed – of a gun behind the Waffle House on June 3, 2025. The gun owner followed Mitchell back to his car and tussled with him trying to get his gun back. Hughes leaned in the car in an attempt to calm things down. Mitchell fired a shot at the gun owner, but the bullet went through his jacket and into Hughes’ chest.

Prosecutor Peter Overstreet points toward the defendant during trial.

“This case is rather simple because there are two guns involved and only one of them was discharged,” Overstreet said, referring to the gun the defendant had with him and the gun he stole from the teen behind the Waffle House. “It’s simple because the defendant admitted throwing the murder weapon out of the vehicle.

“JaDion Hughes did not shoot himself,” Overstreet continued. “The (owner of the gun) did not shoot at himself. JaZai Mitchell is the only person who had a problem with the victims that night.”

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The defendant and a co-defendant fled the scene and were captured minutes later.

He gave a statement to Panama City Beach police, at first denying any knowledge or involvement in the shooting. He also denied knowing any of the people there but changed his story multiple times and eventually admitted throwing the murder weapon out of the window as they fled.

“It was painful to watch him lie over and over and over again,” Overstreet said of Mitchell’s taped statement.

Basford thanked the Panama City Beach Police Department for its rapid identification and detention of the suspect and its thorough investigation of a complicated crime scene.

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

2 guilty of multiple charges in 2025 road rage shooting death

The man who fired 11 shots from his girlfriend’s truck into a vehicle after a 2025 confrontation, killing the driver and critically wounding her daughter, was found guilty Thursday of Second-Degree Murder and seven related charges, State Attorney Larry Basford announced.

Jubal John Simmons, 24, was found guilty of Second-Degree Murder with a Firearm, 3 counts of Attempted Second-Degree Murder with a Firearm, 2 counts of Shooting into an Occupied Vehicle, and 1 count of Discharging a Firearm from a Vehicle.

Co-defendant Ivybella Encino, who was driving the truck as it passed the victims and while Simmons fired 11 rounds, was found guilty of Accessory after the Fact to Attempted Second-Degree Murder, Accessory after the Fact to Shooting into an Occupied Vehicle, and Fleeing and Attempting to Elude (high speed/reckless).

The jury took less than 90 minutes to deliberate following Prosecutor Frank Sullivan’s closing argument. The defendants, each with a separate attorney, were tried together. Circuit Court Judge Timothy Register set sentencing for Feb. 20.

 

The two were charged in the Feb. 22, 2025 road rage shooting at U.S. 231 and Harrison Avenue that killed Georgeann Garner and critically injured her 19-year-old daughter. Two other passengers in the vehicle were not injured by any of the 11 shots.

The shooting took place after an altercation between a passenger in the car and Encino, but that had ended and everyone was back in their vehicles when Simmons opened fire.

“What happened at that intersection was an absolute tragedy,” Sullivan, who was assisted by Prosecutor Laurie Hughes, told jurors during his closing argument. “Most importantly, every single witness that you heard agreed that they thought the altercation was over.”

Sullivan told jurors the brief altercation – Encino believed the victim cut her off in heavy traffic –  should not play a part in deciding the verdict because it was over as the defendants sat behind the victims at the traffic light just before the shooting.

“There was no threat of violence when Ivybella pulled around Ms. Garner’s vehicle and (Simmons) fired not 1, but 11 shots,” Sullivan said.

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The evidence showed that the defendants continued north on U.S. 231. Nearby Panama City police officers gave chase, with Encino turning left onto 19th Street, then right behind a group of buildings and the water tower before circling the Holiday Inn. Surveillance video tracks the pursuit and shows Simmons throwing the pistol into large drainage ditch. Encino continued her flight, driving across a grassy area, and through a large ditch before colliding with a patrol car, disabling both vehicles.

Encino was taken into custody there. Simmons fled on foot but was captured a short distance away. The gun was recovered by police.

Basford thanked Panama City police for their fast reaction and capture of the defendants. He also thanked the Florida Department of Law Enforcement for its forensics work tying the gun to the shootings.

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

Man guilty of Molesting Child in Holmes County

Holmes County Chief Prosecutor Jacob Cook during his closing argument to the jury.

BONIFAY – A Bonifay man was found guilty on Tuesday of Lewd or Lascivious Molestation of a Child Under the Age of 12, State Attorney Larry Basford announced.

A Holmes County jury needed only 17 minutes to return a guilty verdict against Michael Nathaniel Simmons, 44, of Bonifay. Holmes County Chief Prosecutor Jacob Cook called 8 witnesses – including the victim, another child who was molested by the defendant, and a woman who testified the defendant molested her in 2014 when she was a child.

Defendant Michael Nathaniel Simmons

In Tuesday’s case, the facts presented at trial showed the defendant molested a young girl in 2024 at her church. The child reported it to her mother, who contacted law enforcement.

“I’m so thankful the jury held Nathan Simmons accountable for his predatory behavior,” Cook said. “He has a track record of preying on children, and hopefully with this verdict he will never have the chance to touch another child.”

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Basford thanked the Holmes County Sheriff’s Office for its work, and the Gulf Coast Children’s Advocacy Center for its forensic interview of the victim. Basford also thanked the victims for their courage in coming forward and testifying. Circuit Court Judge Russell Roberts ordered Simmons held without bond until his Feb. 18th sentencing. He faces up to life in prison.

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

 

Smith, Habitual Felony Offender, gets 45 years for drug trafficking

A man found guilty of trafficking both in fentanyl and methamphetamine last month has been sentenced to 45 years in prison, State Attorney Larry Basford announced.

Joshua A. Smith, 41, was found guilty Dec. 3 of Trafficking in Fentanyl (between 14 and 28 grams), Trafficking in Methamphetamine, and Unlawful Use of a Two-Way Communication Device.

Prosecutor Frank Sullivan successfully sought to have him sentenced under Florida’s Habitual Felony Offender enhanced penalties. Circuit Court Judge Brantley Clark sentenced the defendant to 30 years in prison on the fentanyl charge, to be followed by 15 years for the methamphetamine charge.

The defendant has previously been to prison five times, with his most recent incarceration for drug trafficking. He was released from prison less than a year prior to being arrested in this case.

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At trial, Sullivan showed that on April 7, 2024, Panama City police made a probable cause stop of the defendant.

During a search of the defendant’s truck, police found “black magnetic box” stuck to the bottom of the vehicle. It contained about 67 grams of pressed fentanyl pills, 15 grams of methamphetamine, marijuana, and cash.

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

Former state prison CO guilty of accepting money from inmates

(This release was updated to update the nature of the charges)

CHIPLEY – A woman working as a correctional officer at the Northwest Florida Reception Center was found guilty Thursday of 10 counts related to accepting money for Official Behavior and using a two-way device to do so , State Attorney Larry Basford announced.

Tina Marie Wallace, 50, was found guilty of 5 counts of Unlawful Compensation for Official Behavior, and 5 counts of Unlawful Use of Two-Way Communications Device. The first 5 charges are Second Degree Felonies punishable by up to 15 years in prison; the other 5 charges are Third Degree Felonies punishable by up to 5 years in prison.

The jury deliberated for about 2 hours after Washington County Chief Prosecutor Megan Ford presented the case. Chief Circuit Court Judge Christopher Patterson set sentencing for March 3.

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An investigation by the Department of Corrections Officer of Inspector General determined that in September and October of 2022 alone, Wallace received more than $24,000 from inmates, relatives of inmates, or associates of inmates via her CashApp accounts.

“This case was about accountability,” Ford said. “The evidence showed a clear pattern of improper payments, and today’s verdict affirms that public trust cannot be bought.”

Ford called three witnesses to prove her case: DOC Office of Inspector General Inspector Steven Lee, a co-defendant and former correctional officer who worked with Wallace, and a family member of an inmate who thought she was sending money for food.

As Detective Lee began examining the CashApp records he was able to make connections to inmates, inmates’ family members, and inmates’ visitors by cross-referencing CashApp information with DOC records. Eighty-seven transactions occurred from Sept. 1, 2022-Oct. 20, 2022 and well over half of those sending money to Tina Wallace’s CashApp had connections to the Department of Corrections.

Many of the transactions indicated on the subject line it was for the benefit of a certain inmate. Additionally, the State presented evidence that Tina Wallace sent money to known inmates, regularly communicated with inmates on the phone off hours, and was in control of housing and disciplinary reports all during a time when violence and contraband drops were at an all-time high at the facility.

During this period, Tina Wallace transferred the money from the CASHAPP Account to her personal bank account 21 times. The amount transferred over a month-and-a-half was well over half of her yearly salary.

Basford thanked the DOC Office of Inspector General for its thorough investigation that helped lead to guilty verdicts on all counts.

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

Holmes murder defendant enters plea, gets 45 years

BONIFAY – As potential jurors gathered here for jury selection Tuesday, Anthony Lee Hicks Jr. decided to plead guilty to Second-Degree Murder and was sentenced to 45 years in prison, State Attorney Larry Basford announced.

Hicks Jr., 32, pled guilty to shooting and killing Marcus Kale Fournier, 25, on March 26, 2024. Circuit Court Judge Russell Roberts accepted the plea and the sentence. Under Florida’s 10-20-Life Statute, Hicks Jr. must serve the first 25 years day-for-day.

Prosecutor Peter Overstreet was prepared to present evidence and witnesses proving that Hicks, with his father as a passenger, wrecked his VW Jetta near County 173 and Parrish Road. Overstreet said it appeared the victim stopped to help Hicks Jr. and his father, and for unknown reasons Hicks Jr. shot him multiple times, killing him.

“This is a senseless tragedy where Mr. Fournier was simply being a good citizen and helping people he thought were severely injured,” Overstreet said. “While we may never know exactly why the defendant shot and killed Mr. Fournier, one thing is clear: the defendant’s intoxication played a huge role. With this plea the victim’s family can now start to have some closure.”

The evidence showed that around 4 a.m., the Florida Highway Patrol responded to the crash in Holmes County. A white VW Jetta had flipped over and hit a tree.

When troopers arrived they initially found the victim, Marcus Kale Fournier, deceased behind another white car on the side of the road. Initially FHP thought Fournier had been ejected from the vehicle until they and EMS noticed a gunshot wound to Fournier’s head.

The Holmes County Sheriff’s Office responded and determined the defendant had been driving at a high rate of speed while under the influence of methamphetamine, cannabis, and alcohol. The Defendant’s father had fallen asleep in the passenger seat and was awakened to his son, the defendant, removing him from the flipped wreckage.

The 911 call placed by the defendant on the victim’s cell phone revealed a highly agitated and intoxicated defendant who was heard arguing with his father. During the call the defendant’s father can be heard saying “what did you do?!” “You shot him!” Law enforcement found a .40 caliber Taurus firearm and three spent shell casings.

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Fournier had simply stopped on his way to work, as a Good Samaritan, to render aid to the occupants of the vehicle. Analysis on the firearm recovered at the scene revealed the Defendant’s DNA. An autopsy of the victim revealed a gunshot wound to the chin which exited his skull, and two gunshot wounds to the back.

Basford thanked the Holmes County Sheriff’s Office, Florida Highway Patrol, and the Florida Department of Law Enforcement 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.

Georgia man guilty of severely beating woman

A Georgia man who badly beat his girlfriend and threatened her with a gun during a 2024 trip to Bay County was found guilty of multiple felonies by a 6-person jury Friday, State Attorney Larry Basford announced.

Jurors deliberated about an hour before finding Anthony Wayn Worley, 62, of Moreland, Ga., guilty of Aggravated Battery, Domestic Battery by Strangulation, and False Imprisonment. He also was guilty of Assault, a misdemeanor. Circuit Court Judge Brantley Clark set sentencing for Feb. 18.

Prosecutor Jackson White, assisted by Prosecutor Christopher Walters, presented evidence and witnesses proving the defendant badly beat the defendant in their Thomas Drive hotel room Oct. 12, 2024. The victim testified Worley also tried to smother her with a pillow and threatened her with a gun.

The victim, who was crying and screaming loudly for help, managed to get out of the room but was being dragged back in when a Good Samaritan heard her cries for help and intervened, getting the victim to safety and awaiting the arrival of Bay County Sheriff’s Office deputies.

“But for the brave actions of the Good Samaritan responding to her screams for help, there is no way to know what would have happened if the defendant had gotten her back into that room,” White said after the trial. “Because of his help, we do know the man who beat and threatened to shoot the victim is now facing prison time.”

Prosecutor Jackson White addresses jurors as Prosecutor Christopher Walters observes
Defendant at time of arrest

The victim testified she and the defendant had been dating in Georgia and were in Bay County scouting for a possible place to live. She said both had been drinking and were outside when someone, unsolicited, complimented her on her appearance. That upset the defendant, who began arguing with her, she said.

She testified she headed back to the room, telling the defendant she was “going back to Georgia. He didn’t like that.”

Inside the room, she said, the defendant repeatedly punched her, tried to smother her with a pillow, and waved a loaded gun at her saying, “I got one bullet for you and one bullet for me.”

She managed to escape the room, but the defendant caught her.

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The testimony of the victim and the Good Samaritan was solidified by video surveillance at the hotel, with audio, that captured the victim’s repeated cries and screams for help.

The video shows the defendant, arms wrapped around the victim from behind, shoving her toward their room as she screams, struggles and yells for help. The Good Samaritan comes from around corner and attempts to help the woman, but she and the defendant fell into the room.

Eight seconds later the victim is seen rising in the doorway and escaping again, still yelling for help, with the two men still inside the room. Eight more seconds pass before the Good Samaritan appears outside the door and tells the victim to go to his room for safety as he stops the defendant from following her.

He then awaited the arrival of deputies.

The victim suffered a broken nose and orbital socket that required emergency medical treatment, as well as a number of braces and scrapes.

Basford thanked the Bay County Sheriff’s Office and the Good Samaritan who got the victim to safety and testified Friday.

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

Former teacher guilty of 3 Life felonies for sexual relationship with student

Former middle school band teacher Lindsey Stuart is facing up to three Life sentences after being found guilty Thursday of engaging in a 10-month relationship that became sexual with a 14-year-old student, State Attorney Larry Basford announced.

Stuart, 40, was found guilty as charged of 3 counts of Sexual Battery upon a Child 12 Years of Age or Older, but Under 18 Years of Age, by a Person in Custodial Authority. Each charge is punishable by up to Life in prison. Circuit Court Judge Brantley Clark set sentencing for Feb. 16.

Prosecutor Frank Sullivan presented evidence and called 4 witnesses – the victim, her sister, and both her parents – to prove that Stuart was 38 years old when he engaged in a sexual relationship with the 14-year-old student in 2023. The victim testified the two had sexual relations dozens of times, most often at the school. Jurors took just over 30 minutes to reach their verdicts.

Prosecutors Frank Sullivan, center, and Morgan Morrell, left, at sidebar with Circuit Judge Brantley Clark

“The defendant’s actions in this case are inexcusable,” Sullivan said after the verdict. “Parents entrust their most prized possessions, their children, to teachers and others in authority. This defendant abused his authority and violated the trust that parents must have when their children are with others.”

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The evidence included 29 pages of handwritten letters from the defendant to the victim – found by the victim’s mother when she became suspicious of Stuart – in which he professed his “love” for the student. He also referenced sexual acts with the student, spending the night with her, and how the night he picked her up after she snuck out of her sister’s window was the start “of a very ‘active’ few months. We couldn’t keep our hands off each other,” he wrote.

Stuart testified any references to sex or illegal acts found in those letters were a product of his “fantasy, inappropriate fantasy,” and not real.

On cross-examination, Sullivan asked Stuart how he defined “fantasy”?

“It means something that’s not real that you hope might happen someday,” the defendant said.

Sullivan pointed out that the defendant wrote lines like, “It was a great night,” “It will be a great night”, and “Through all of the physical/sexual things we were still growing so much as a couple in other ways too,” rather than saying they “will still be growing.”

“That’s not a fantasy of future actions that you hoped might happen, that’s about something that’s already been done,” Sullivan said. “These letters … are a timeline of the development of your relationship with the victim.”

Other evidence included a note the defendant wrote to the victim’s father. Stuart was caught Facetiming with the victim before the family knew there had been physical contact with their daughter. Her father wrote to Stuart warning him his behavior was inappropriate, and to never contact her again.

In response, Stuart wrote the father, “This next sentence is going to be hard for you to read, but it’s true. I love your daughter … and I want to cherish her, respect her, protect her.”

The defendant then asked if the victim’s parents would “sit down somewhere and talk” with him about his feelings.

Basford thanked the Bay County Sheriff’s Office and Gulf Coast Children’s Advocacy Center for their work in investigating the case and gathering the evidence that helped lead to a conviction.

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