Sentencing is set for July 15 for a man found guilty Thursday of transporting nearly 3,000 grams of methamphetamine from Georgia to Bay County, State Attorney Larry Basford announced.

Jerry Ray Walker, of Carrollton, Ga., was found guilty as charged of Trafficking in Amphetamine (200 grams or more) after about an hour of deliberation by a Bay County Jury. Circuit Judge Timothy Register presided over the case and ordered a pre-sentencing investigation.

Under Florida trafficking Statutes, the defendant faces a minimum-mandatory sentence of 15 years, and a maximum sentence of  30 years.

Prosecutor Frank Sullivan presented evidence and witnesses, including the Bay County Sheriff’s Office investigators who got the tip about the shipment and made the arrests, proving that the defendant knew he was transporting a duffle bag full of methamphetamine to Florida in March, 2021.

Evidence and witness testimony showed the defendant drove a friend to a location near their Georgia homes on March 8, 2021, and a relative of the defendant walked out and handed a duffel bag to the passenger and told him to call when “it was done.”

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The defendant claimed his friend had a broken windshield and asked him to drive them that night to Panama City and back in exchange for giving him meth to smoke on the trip. The defendant testified he knew his relative dealt drugs, but claimed he thought the duffel bag was filled with money, not 6 pounds of methamphetamine.

Prosecutor Sullivan said the story was highly improbable, and contrary to the evidence and common sense.

“Inside that blue duffel bag there were three 1-gallon bags full of methamphetamine, and there is no doubt the defendant brought 6 pounds of meth into the State of Florida,” Sullivan told jurors. “You have to decide if he thought that was money or if he knew that was drugs. Use your common sense, your life knowledge.”

Sheriff’s Office investigators Doug Cumming and Steven Cook said they received a tip that a large amount of methamphetamine was coming into Bay County that night and had information about the vehicle but not about who would be in it.

The vehicle was spotted around 1:30 a.m. March 9 and an investigative stop was made. Cumming said he deployed his drug-detecting K9 and it alerted on the vehicle, which led to the discovery of the drugs.

Cumming testified that the defendant claimed he thought the bag was filled with money, but “ultimately he admitted he knew it was a drug transaction.”

Basford thanked the Sheriff’s Office for its proactive approach that prevented many thousands of doses of meth from hitting the streets here, Cumming and Cook for their work on the case, and the Florida Department of Law Enforcement’s Jeremiah Bortle, who tested the seized drugs and testified.

For more information, contact Mike Cazalas at mike.cazalas@14sa.fl.gov, or call 850-381-7454.

A Bay County jury took less than an hour Tuesday to find a man guilty of Sexual Battery on a Person Less Than 12 Years of Age, and Lewd or Lascivious Molestation, State Attorney Larry Basford announced.

Rene Elmer Rivas, 53, is scheduled for sentencing before Circuit Court Judge Timothy Register on July 15. He faces life in prison.

Prosecutor Frank Sullivan presented evidence and witnesses including the victim, the Bay County Sheriff’s Office and Gulf Coast Children’s Advocacy Center proving that the victim was sexually assaulted by the defendant when she was about 7 years old, and that it happened more than once in 2013-14.

The victim testified she did not immediately report the sexual battery out of fear, embarrassment, and the uncertainty of what to do, and instead tried to “act like everything was normal.”

“I was scared,” she told jurors. “I was a little girl, I didn’t know what was going on.”

Another witness testified she was in church with the victim several years later when something “triggered” the victim and she began crying uncontrollably.

She said the victim told her what had happened, and she urged her to tell her mother, which she did that night. The victim said that was the first time she had ever talked about it to anyone. The mother said she initially could not believe it had happened but did ultimately contact the Bay County Sheriff’s Office.

BCSO Lt. Christian Williams, the case agent, said he watched as the GCCAC conducted a forensic interview with the victim. The interviews are conducted by people trained in dealing with juvenile victims of abuse, and the victim disclosed the abuse. A physical examination confirmed the abuse.

Williams testified that he then interviewed the defendant, who denied committing the acts but also refused to say the victim was lying. Williams said he took the defendant into custody based on the evidence gathered.

In his closing arguments, Sullivan asked jurors to look at the evidence presented by the state and the defense and decide which made more sense. He submitted the state’s case simply made more sense.

“I submit to you he had an opportunity today again when he took the stand he was asked, ‘Was she lying?’” Sullivan continued. “What was his response? ‘I don’t think so.’ I want you to ask yourself, does that make sense?”

Basford thanked the GCCAC and Bay County Sheriff’s Office for its work on the case and the evidence they gathered for trial, as well as the witnesses who testified.

For more information, contact Mike Cazalas at mike.cazalas@14sa.fl.gov, or call 850-381-7454.

 

Kody Bidwell has served in law enforcement here and as a teacher in his hometown of Wewahitchka, where his family’s history is intertwined with Gulf County’s educational system.

But it was one place he did not serve, and his drive to give back to the community in the best way possible, that led to Bidwell becoming the newest investigator at the 14^th Judicial Circuit State Attorney’s Office.

“I had a conversation with my wife about my long-term career goals between education and law enforcement,” Bidwell said. “My only regret was not serving in the military. So in that conversation, that was the driving force for me. This was the form in which I was going to serve.”

Bidwell started his law enforcement career with the Panama City Police Department as a patrolman in 2018 and was part of the Criminal Investigations Division before leaving in 2021. Career discussions continued with his wife, they have 3 children, and in January he was asked to take a position at Gulf County Schools for the remainder of the school year.

“I decided it was a great opportunity to try it, to see if I enjoyed it as much as I did law enforcement,” Bidwell said. “It was a great time, the kids were great, it was my alma mater.”

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With a decision to be made on his future career path, and having had a chance to try both, Bidwell said the major factor came down to how to best serve others.

The school year ended in May, Bidwell’s first day as a State Attorney’s Office investigator was Monday, June 13.

Bidwell completed his Basic Law Enforcement Standards at Gulf Coast State College and his Bachelor’s Degree in Law Enforcement Intelligence at FSU-Panama City.

At his Gulf Coast graduation, Bidwell received the Kevin Kight Memorial Scholarship, the Abbot Academic Excellence Award, the Top Gun Award, and a perfect attendance award.

“If I’m going to do something, I’m going to do it 100 percent,” he said. “We didn’t have much growing up, so I was raised that you have to work hard for it.”

For additional information contact Mike Cazalas at mike.cazalas@sa14.fl.gov.

A jury took 14 minutes Tuesday to return a guilty-as-charged verdict against a man who entered another man’s garage and smashed his car’s windshield with a hammer, State Attorney Larry Basford announced.

Lee Daniels, 36, was found guilty of Burglary of an Occupied Dwelling and Criminal Mischief ($1,000 or greater) after a one-day trial. Circuit Judge Brandon Young set sentencing for Aug. 2.

Lead Prosecutor Dustin Miller told jurors during closing statements that, by law, an attached garage is part of a home and has the same protections.

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He asked jurors to use their “God-given common sense” and reject the defendant’s argument that he was only trespassing on Dec. 3, 2019, the day of his arrest.

After the trial, Prosecutor Miller explained that an open garage door is no more an invitation to enter than is the open front door of a home.

“Just because you open your garage door, it does not make your house or garage open to the public,” Miller said. “It’s not rocket science, it’s common sense. Your garage door being open doesn’t change the nature of your home, it’s still your dwelling.”

Miller and Prosecutor Nicole Reed presented evidence and two witnesses – the victim and

Panama City Police Detective Matthew Kelly – proving that the defendant committed a burglary when he entered the victim’s garage to vandalize his car with a hammer.

The defendant was upset with the victim when he walked into his garage after seeing the door open and used a hammer to hit the windshield of the victim’s car at least three times, the State proved.

The victim, who knew the defendant from the neighborhood, heard the noise, walked to the garage to investigate and the two saw each other. The defendant then fled, but was captured a short time later.

At sentencing, the defendant faces up to 15 years for Burglary of a Dwelling and up to 5 years for Criminal Mischief.

Basford thanked Kelly, the Panama City Police Department, and other witnesses and neighbors who were prepared to testify if needed.

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

CHIPLEY – A man found guilty of shooting another man in the head following a “road rage” incident here was sentenced to 40 years in prison Wednesday, State Attorney Larry Basford announced.

Shawn Thomas Gainey, 50, was found guilty of Attempted Second-Degree Murder by a Washington County jury last month. Wednesday, Chief Circuit Court Judge Christopher Patterson sentenced him to 40 years in prison under Florida’s 10-20-Life law, meaning the first 25 years must be served day-for-day.

During sentencing, both Prosecutor Megan Ford and Judge Patterson noted the victim, Dan Riedel, now 34, was not killed in the shooting but will never lead a normal life.

“Dan Riedel has not and will not be able to recover from the defendant’s decision,” Ford said. “This is not a case where someone was shot in the arm, had surgery, and was able to move on and have a normal life.

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“Dan Riedel will spend the rest of his life in a nursing home,” she continued. “He uses few words. He has the abilities of a toddler. For all practical purposes, Dan Riedel lost his life that day.”

Ford proved at trial that on Jan. 28, 2019, the defendant and Riedel were both driving north on State 77 when they became involved in a traffic dispute.

The dashcam video from a Chipley police officer who happened upon the dispute seconds before the shooting showed the victim’s truck pulled off the road to the right and the defendant’s truck stopped at an angle partially blocking the northbound lane.

The defendant was pointing a pistol at Riedel, who was standing by his driver’s door. Riedel is seen moving to the back of his truck and opening that door so that it was between him and the defendant, and turning to stand behind it with his hands resting on the open window when a shot was fired.

Riedel, struck in the head, immediately collapsed. The defendant claimed the victim had armed himself. No gun was found at the scene or in the victim’s vehicle, nor was one seen in the video.

The jury took less than 15 minutes to find the defendant guilty.

“Life is all about decisions and consequences,” Ford told Judge Patterson during sentencing. “While the defendant didn’t per se take his life, we are asking the court to recognize Dan Riedel’s current state.”

Judge Patterson, in delivering the sentence, said he was bound by law on a portion of the sentence. But he also said he had to recognize the jury’s decision.

“Mr. Gainey, I heard the testimony,” Judge Patterson said. “The jury rejected your version of events.”

Basford thanked the Chipley Police Department for its thorough investigation of the shooting. For additional information, contact Mike Cazalas at mike.cazalas@sa14.fl.gov, or call 850-381-7454.

Three prison sentences totaling 90 years were given Tuesday to a man found guilty last month of pulling a gun on a Panama City police officer, State Attorney Larry Basford announced.

Circuit Court Judge Dustin Stephenson sentenced Theodore Joseph Storey, 41, to 35 years in prison on a Violation of Probation charge, to be followed by 30 years for Aggravated Assault on a Law Enforcement Officer, and then a 25-year sentence for being a Felon in Possession of a Firearm.

A Bay County jury found the defendant guilty May 11 of the charges involving his assault on a Panama City police officer after a one-day trial. Judge Stephenson then found him guilty of the Violation of Probation charge.

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The judge agreed with Prosecutors Nicole Reed and Dustin Miller that the defendant’s criminal history qualified him for enhanced sentences as an Habitual Felony Offender and a Prison Release Reoffender. He was released from prison in August, 2019, after serving a 20-year sentence for Robbery with a Deadly Weapon.

Reed and Miller proved at trial the defendant was one of four men sitting in a car in a high-crime area July 30, 2020, when former Panama City Police Officer Jordan Hoffman encountered them.

Testimony and evidence showed that Hoffman smelled marijuana coming from the vehicle and when backup arrived he asked the defendant to step out. Instead, the defendant pulled a pistol from his waistband as the officer was assisting him out, leading to a struggle over the gun.

Hoffman wrestled the defendant to the ground and held him until more backup arrived. The loaded pistol was found only feet away.

“The defendant made a choice that night to pull a weapon on a law enforcement officer,” Prosecutor Reed told jurors during closing arguments. “Instead of complying (like the other occupants of the vehicle), what did he do? He pulled a gun.”

“And that choice has consequences,” Reed continued. “He needs to be held accountable for what he did.”

Basford thanked the Panama City Police Department for its handling of the case and former officer Hoffman for his actions that night.

For more information, contact Mike Cazalas at mike.cazalas@14sa.fl.gov, or call 850-381-7454.

A man who had been out of prison less than 6 months before stabbing a disabled woman in the neck was found guilty as charged of Second-Degree Murder Wednesday, State Attorney Larry Basford announced.

A Bay County jury took about 20 minutes to reach its verdict on William Jacob Burks, 37, in the Feb. 13, 2021, stabbing death of Cynthia A. Black, 64, in her Southport home.

Prosecutor Peter Overstreet successfully argued that defense attempts to mitigate the homicide by saying the defendant was delusional and on a methamphetamine binge were not based on the law. He said Burks knew what he was doing before, during and after the stabbing, and voluntary intoxication is not a defense in Florida.

“Life is about choices, the choices we make every day,” Overstreet told jurors. “We get out of bed, we choose to brush our teeth or not brush our teeth. Maybe we get a cavity, maybe we don’t. We suffer the consequences of the actions and choices we make every, single, day.

“When William Burks decided he was going to do methamphetamine for 5 or 7 days and go on a bender, there were consequences to that action,” Overstreet continued. “And now he’s asking you to find him guilty of a (lesser charge), because he knew he couldn’t come in here and say, ‘I didn’t do it.’ Hold Mr. Burks responsible, find him guilty of Second-Degree Murder.”

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Circuit Court Judge Dustin Stephenson agreed with Overstreet that the defendant qualified for an enhanced sentenced under Florida’s Prison Release Reoffender statute, which meant a mandatory life sentence without the possibility of parole.

“The words we’ve heard today were powerful,” Judge Stephenson said of victim impact statements from Black’s family. “The words we heard in testimony during the trial were powerful. This appears to be an absolutely senseless killing. Absolutely senseless. I don’t know what other words to use.”

Overstreet, with Prosecutor Ali Elsagga assisting, presented witnesses and evidence that proved the defendant’s girlfriend was the victim’s caretaker and all lived at the victim’s residence.

According to testimony, the defendant had been using methamphetamine for days and was making bacon the morning of Feb. 13, 2021, when a spot of hot grease landed on him. His girlfriend said he walked into the bathroom where the victim was in a handicapped-accessible seat and stabbed her in the throat.

Medical Examiner Dr. Jay Radtke, one of 11 witnesses called by the State, testified that the resulting large wound struck both the jugular and carotid arteries, and was fatal.

The defendant fled the house, stole a truck, abandoned it, and ultimately was found hiding in the woods a few miles up the road. He admitted stabbing the victim both to the deputies who captured him and Sheriff’s Office investigator Jake Roberts, who interviewed him.

The defendant claimed the victim and others had abused his son; the evidence showed there had been no abuse.

After the verdict, the victim’s sister addressed the court to ask for the maximum sentence. Carla Madinger said she suffers from anxiety, nightmares, and depression since the murder.

She said her sister, disabled by a stroke, was unable to defend herself when attacked.

“Since she could not do these things, an able-bodied man took her life, a person who she had to trust, someone she had to depend on, and someone that she could not get away from,” she said. “I cannot imagine what Cindy felt, the fear she must have experienced … nor the horror she must have known knowing she was about to die and there was nothing she could do.”

Basford thanked the Bay County Sheriff’s Office both for its handling of the investigation and crime scene, the Florida Department of Law Enforcement DNA and biology experts who testified, and witnesses from both the neighborhood and the hospital who testified.

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

 

 

 

A former Mosley High School graduate has returned to his roots to join the 14^th Judicial Circuit State Attorney’s Office as its newest prosecutor, State Attorney Larry Basford announced.

Ali Elsagga, who most recently worked for the 6^th Judicial Circuit State Attorney’s Office, began his new job prosecuting cases here Monday.

“It is always good when we can add a local attorney to our office,” Basford said. “We’re glad to welcome someone who grew up in and knows the Bay County community.”

Elsagga attended the University of Florida after high school and went on to get his law degree at Stetson University College of Law. He spent about 2 ½ years in the 6^th Judicial Circuit before deciding to return to Bay County with his family to continue his career.

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“One of the things I am most excited about is that I’m now part of the team that’s responsible for the safety of my home county, where I have family, and am part of the community,” Elsagga said. “I know this community, I know the people here, and I want to help keep it safe.”

Elsagga has experience prosecuting both felony and misdemeanor cases, including jury trials and bench trials, where the case is heard and decided by the judge. He is currently handling Bay County misdemeanor cases.

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

A Panama City man who had been out of prison for less than a year has been found guilty of Aggravated Assault on a Law Enforcement Officer and is set for sentencing June7, State Attorney Larry Basford announced.

Theodore Storey was found guilty of that charge and being a Felon in Possession of a Firearm after about 90 minutes of deliberation by a Bay County jury Wednesday. Circuit Court Judge Dustin Stephenson also found that Storey violated his probation when he pulled a gun on a police officer July 30, 2020.

“The defendant made a choice that night to pull a weapon on a law enforcement officer,” Prosecutor Nicole Reed told jurors during closing arguments. “Instead of complying (like the other occupants of the vehicle), what did he do? He pulled a gun.”

“And that choice has consequences,” Reed continued. “He needs to be held accountable for what he did.”

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Reed and Co-Prosecutor Dustin Miller presented witnesses and evidence showing that the defendant was one of four men sitting in a car in a high-crime area that night when former Panama City Police Officer Jordan Hoffman encountered them.

Hoffman, who later left law enforcement to become a full-time pastor, testified he was on “proactive” community patrol that night when he spotted the men. He said he was walking to the car to see what was going on, and the closer he got the stronger the smell of marijuana coming from the vehicle.

He engaged the men, still in the car, in conversation about the marijuana smell. Testimony showed the defendant handed Hoffman a small baggie of marijuana.

Knowing that he needed to search the car but also concerned about officer safety, Hoffman testified he called for backup while the four men remained in the car and continued talking to them until officer Steven Clayton arrived.

When he attempted to help the defendant out of the car, Hoffman testified, the defendant kept reaching for his back pocket, telling the officer to “chill out.”

“He said, ‘I put my cellphone in my pocket, don’t worry about it’,” Hoffman testified. “At that point I see a gun and he’s bringing it up and around.”

Hoffman testified he was in immediate fear for his life and took the defendant down, while at the same time hearing a “thud” that he believed to be the gun hitting the ground. Another backup officer arrived and found and secured the pistol, which was within reach of where Hoffman was holding the defendant to the ground.

The defendant had been released from prison in August, 2019, after serving a 20-year sentence for armed robbery in Jackson County.  The State is seeking to have the defendant sentenced as a Habitual Felony Offender and Prison Rerelease Offender, both of which call for enhanced penalties.

Basford thanked the Panama City Police Department for its handling of the case and former officer Hoffman for his actions that night.

For more information, contact Mike Cazalas at mike.cazalas@14sa.fl.gov, or call 850-381-7454.

 

Granting the requests of both the victim’s family and the prosecutor, a judge sentenced David Donaldson to Life in prison Tuesday for the 2020 murder of Gordon McKinney during a dispute, State Attorney Larry Basford announced.

Prosecutors Peter Overstreet and Jacob Cook proved at trial in April that the defendant provoked a confrontation with Mr. McKinney and then shot him twice – once in the back – at a construction site on 23^rd Street. A jury took just over 2 hours to find him guilty as charged of Second Degree Murder and Aggravated Assault.

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At Tuesday’s sentencing before Circuit Court Judge Timothy Register, Overstreet said the only just sentence would be for the defendant to spend the rest of his life in prison.

“Mr. Donaldson armed himself with a gun and summoned the courage to call out a man older than him … he called the man out knowing he had a gun, and he ended a life over nothing,” Overstreet said to Register, asking for a Life sentence. “His family will be able to visit him wherever he’s incarcerated, they will be able to hear his voice, talk to him about what’s going on in their lives.

“That can never happen again with Mr. McKinney’s family.”

Judge Register handed down the Life sentence for Second Degree Murder and a 5-year consecutive sentence for Aggravated Assault after family members of both the victim and the defendant spoke.

“My dad and mom gave us a magical childhood,” said Cortney McKinney, Gordon McKinney’s daughter, as a power point presentation showed family pictures of Mr. McKinney on courtroom monitors. “It was magical because my dad and mom gave us constant love, praise, affection, support, guidance, and education, everything children need to flourish.”

Cortney McKinney said her father was a loving and humorous man. She said he sacrificed himself over the years to provide for the family.

 

One picture of her with her father, she noted, was taken Feb. 29, 2020, “the day I got married and the last time I ever saw my dad alive.”

She said being walked down the aisle by her dad is a memory she is grateful to have, “but for the rest of my life and my husband’s, our wedding anniversary will also always be the last day I saw my dad alive because he was taken from us by the murderer. The murderer who has demonstrated a complete absence of respect for the value of human life.”

Sherri McKinney, Gordon McKinney’s widow, said her world shattered when her husband was killed. “Before his murder, I felt safe knowing he would be there to help me with anything I needed, to help raise and guide our kids, to grow old with and now that is all gone.”

She too asked for the maximum sentence of Life in prison.

“His murderer has not shown one iota of remorse and does not deserve leniency,” she told Judge Register. “He shot an unarmed man in the back, a gray-haired – 15 years his senior – unarmed man. I hope his fellow prisoners hear those details so they know what kind of coward will be living among them.

“He will not have his gun to pull out in prison.”

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