Articles Posted in Crime Victims

On Friday, April 27, 2012 Governor Rick Scott signed into law a bill requiring anyone who suspects a case of child sexual abuse to report it to law enforcement. The Protection of Vulnerable Persons law will take effect on October 1, 2012, giving Florida the harshest mandatory requirements for reporting sexual abuse in the nation. Specifically, this bill requires that all colleges and universities adhere to stringent reporting criteria for all sex abuse violations that have taken place on their campuses.

Violations wherein a teacher, administrator, coach or any other school employee who does not “willfully or knowingly” report suspected abuse could result in serious fines and lead to criminal charges. Prior to this law, only a parent or caregiver was required to report suspected abuse. This led to an extraordinarily high number of unreported incidents and created a silence within our culture regarding sexual abuse of children. In addition, to a mandatory obligation to report any suspicion of child sexual abuse, criminal charges have also been increased from misdemeanor to third degree felony charges.

Department of Children and Families (DCF) will conduct time sensitive investigations of anyone who neglects to report child abuse. Under the new law, the State Attorney’s office will now review the actions of all school board employees, who employ anyone who is suspected of withholding information regarding a victim of child sexual abuse. Hopefully, the addition of increased fines, which can be up to $1,000,000 for any public college or university whose administration fails to report child abuse, is a step in the right direction for eradicating child sexual abuse at schools or on college campuses, and in the world at large.

Two cases of sexual assault occurred at the landmark Fountainebleau Hotel and Resort on Miami Beach last week.( The Miami Herald )In each instance, a woman was allegedly attacked and the assailants were both arrested by the Miami Beach Police. Why is it that their level of security does not measure up to the high quality attractions, including state of the art architecture, restaurants, pools, bars and night clubs which are all considered to be among the finest in the city of Miami Beach?

The Fountainebleau had a major renovation recently in which this iconic property was transformed from the Art Deco Era’s mecca to South Beach’s counterpart today. Certainly, the level of security should be expected to compliment the Fountainebleau’s other massive improvements.

In fact, Miami Beach police arrested a 26 year old male, Rafael Mungia, age 23 for allegedly raping a 23 year old woman, a hotel guest who was asleep in her Penthouse room in the Chateau building of the property. At Gerson & Schwartz, PA, we are interested in finding out how this could have taken place. Crime’s like this are inexcusable and should never occur, especially at a property of this magnitude and with such a fine reputation, said Nicholas Gerson.

Following this incident, the Fountainbleu further neglected to beef up their security despite what happened and yet another sexual assault occurred. This time at the pool area, no less, a very public part of the hotel if not the largest public area this resort boasts.

As hotel personnel stood by watching the assailant flee the scene, the victim was “found with an unknown subject” on top of her. (NBCmiami.com) Evidently, cameras captured this incident, yet no security measures were taken to prevent prevent it in the first place. This is grossly negligent of the hotel and its security staff. Attorneys at Gerson & Schwartz, PA have years of experience recovering damages for crime victims like this.

So, how is it that the legendary Fountainebleau Hotel and Resort does not have enough security to prevent rapes from happening right out in the open? They have spent millions of dollars renovating this famous destination property on Miami Beach but obviously have not invested in the security of their guests.

Crime victims such as the women who were vacationing at the Fountainebleau, deserve restitution. Negligent Security issues such as these are a specialty at Gerson & Schwartz, PA. Just last year, Attorneys Philip and Nicholas Gerson recovered 1.5 million dollars for a woman who was raped, who’s assailant was caught on tape.

Continue reading

The Sanford Police department is under intense scrutiny, after an investigation that is being referred to as one of the most media driven murder cases of this year floods the news. Trayvon Martin, an African American 17 year old boy was shot and killed by a Hispanic man, George Zimmerman, a volunteer neighborhood watchman patrolling his garden apartment complex on February 26, 2012. Trayvon had just finished purchasing a package of skittles candy and an Arizona ice tea at the local 7-11, when he was shot by Zimmerman.

Despite Zimmerman’s claims that, he was attacked by Trayvon and that he was acting in self defense, the community at large and now, the nation at large, believes that shooting this black man with a “keltek 9mm semi automatic handgun” was completely unnecessary. Trayvon did not have a weapon aside from an unopened pocket knife and was heard by witnesses crying and screaming. Sanford Police Chief Brian Lee, has “temporarily stepped down” from his position due to the has been criticism to put it mildly for poor investigation and police efforts to lead to an arrest of the shooter. Important pieces of evidence have been discovered which were not considered during the investigation including Trayvon’s phone records indicating he called his girlfriend right before he was shot, and that Zimmerman’s clothes were bloodied.

The most disturbing aspect of this story, is that the Sanford Police neglected to arrest Zimmerman in connection with the death of Martin, claiming there was no supporting evidence. Since then however, public opinion has been exactly the opposite. Presently, the Sanford Police are being blamed by everyone from Congress to the Al Sharpton for an unacceptable job in this investigation.

Continue reading

MIAMI, FL—Officials from the Miramar Police Department are investigating the recent stabbing of a 15-year-old girl, which took place in the parking lot of an apartment complex near Miramar High School. According to information provided by the Miami Herald, the teenage victim was stabbed after being confronted by a few fellow students—whom she had apparently gotten into a quarrel with at Miramar High earlier that day—on her way home.

Victim Kiana Henry, 15, was on her way home from school when a few female classmates approached her in the parking lot of the Village of Mallorca apartment complex– located in close proximity to Miramar High. It was there that one of the girls pulled a knife out and went on to stab Henry twice. The victim apparently agreed to settle an argument that arose between her and the girls after school was let out for the day.

According to a friend of the stabbing victim—who told reporters her name was Lakoria—, “They got into an argument [at school] about somebody talking about somebody… She stabbed my home girl. I just saw her slice her. When she sliced her, everybody just started running.” The severely injured victim was subsequently rushed to Joe DiMaggio Children’s Hospital to be treated for her stab wounds. At last check, she was listed in serious condition at the hospital.

Tania Rues, a spokesperson for the Miramar Police Dept., told reporters that two suspects were taken into custody in connection with the violent near-school stabbing incident. Investigations into the incident are underway.

About the Miami injury law firm of Gerson & Schwartz, P.A.
When accidents and crimes take place on someone else’s property, that someone needs to take responsibility. Too often, property owners and managers deny their responsibility. At shopping centers, hotels, apartments and condominiums, and all public events, people have a legal right to be reasonably safe from foreseeable harm and criminal victimization.

Continue reading

MIAMI, FL—Officials from the Miami-Dade Police Department (MDPD) have arrested two unidentified suspects in the case of a 17-year-old boy who suffered critical injuries in a brutal attack outside Coral Reef Senior High School in Miami. According to information provided by WSVN, the assault victim, who suffered a broken nose and also fractured his jaw in two places, has since been released from the hospital and is recovering from his injuries at home.

Reports indicated Christopher Lardner was in the parking lot of Coral Reef Senior High School following a Nov. 30 basketball game against Miami Killian Senior High School when he was violently beaten. Emergency medical crews subsequently rushed the assault victim to Kendall Regional Medical Center in critical condition.

According to the Edward Lardner, the teen’s father, “He was defenseless, he was unconscious, yet he was continually pummeled… He is a young, strong boy, but he doesn’t know right now who hit him.”

Lardner’s sister, Angela also told reporters, “He doesn’t deserve this. Nobody deserves to be beaten that way. Nobody deserves to be in that condition… He wrote to me on a little clipboard, because I wanted to ask him, I wanted to get down the facts of what he knew, and he told me no, and I believe my brother.”

Lardner, who was forced to undergo surgery to have rods placed in his jaw—which currently prevent him from speaking— was discharged from the Miami hospital on Dec. 4. It is expected to take a few months for the teen beating victim to recover from his assault wounds.

While reports suggested the Lardner family hired an attorney, they have yet to file a lawsuit in connection with the horrific high school beating. It was not clear what charges the unidentified suspects are facing with regard to the school attack. 
About the Miami injury attorneys and negligent security/premises liability lawyers of Gerson & Schwartz, P.A.
When accidents and crimes take place on someone else’s property, that someone needs to take responsibility. Too often, property owners and managers deny their responsibility. At shopping centers, hotels, apartments and condominiums, and all public events, people have a legal right to be reasonably safe from foreseeable harm and criminal victimization.

Continue reading

MIAMI, FL—Four Florida A&M University students have been expelled in connection with the hazing death of a drum major in the school band, the Los Angeles Times reported. Although FAMU officials announced the students’ expulsions on Dec. 1, they did not state what offences the students were suspected of committing, specifically.

According to StateImpact Florida, authorities from the Florida Department of Law Enforcement (FDLE) are investigating the hazing-related death of Robert Champion, a 26-year-old drum major with Florida A&M University’s Marching 100. Champion apparently performed with the Marching 100 during the Florida Classic in Orlando on Nov. 19, but was later discovered unconscious on a bus, the LA Times and Orlando Sentinel reported. He was eventually pronounced dead. 

Florida Governor Rick Scott noted, “I think it’s very important that we do a thorough investigation, and I think it’s also important that we review our hazing policies…When things like this happen, you’ve got to make sure in your organization, our universities in this case, that people feel comfortable coming forward, you know, if they see something like this because I don’t want this to ever happen again.”

Florida Statute 1006.63 defines hazing as “any action or situation that recklessly or intentionally endangers the mental or physical health or safety of a student for purposes including, but not limited to, initiation or admission into or affiliation with any organization operating under the sanction of a postsecondary institution. “Hazing” includes, but is not limited to, pressuring or coercing the student into violating state or federal law, any brutality of a physical nature, such as whipping, beating, branding, exposure to the elements, forced consumption of any food, liquor, drug, or other substance, or other forced physical activity that could adversely affect the physical health or safety of the student, and also includes any activity that would subject the student to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct that could result in extreme embarrassment, or other forced activity that could adversely affect the mental health or dignity of the student. Hazing does not include customary athletic events or other similar contests or competitions or any activity or conduct that furthers a legal and legitimate objective.”

The Orlando Sentinel reported that the alleged hazing victim’s family has since filed a notice of intent to file a wrongful death lawsuit against Tallahassee-based Florida A&M University. The actual negligence lawsuit was expected to be filed within six months time.

Continue reading

MIAMI, FL— November 21, 2011 – Officials from the United States Postal Inspection Service (USPIS) are investigating the Nov. 17 robbery and assault of a female postal employee in Hialeah. According to information provided by NBC Miami, an unidentified man struck the postal worker in the head with his gun before stealing her keys and a piece of jewelry and ultimately fleeing the scene.

Although details concerning the postal worker robbery remained scarce, Blado Rojas of the U.S. Postal Inspection Service told reporters an unidentified man approached the female postal employee as she was walking to her vehicle at approximately 11:30 a.m. The man subsequently pistol-whipped the woman—a four-year employee of the USPS whom was said to be in her 40s.

Rojas further suggested the attacker stole the postal worker’s keys and a gold chain before getting into a dark colored sedan and seemingly speeding away from the scene of the Hialeah assault and robbery. Reports did not specify whether the postal worker was making deliveries prior to the attack, which occurred in the 100 block of West 12th Street in Miami-Dade County.

Responding Hialeah Fire Rescue personnel provided preliminary treatment to the assault victim before transporting her to an area hospital with an unspecified head injury.

The USPIS has asked anyone with information about the incident and/or the perpetrator to call (877) 876-2455. There is a $5,000 reward for info that leads to an arrest in the case.

Continue reading

MIAMI, FL— September 21, 2011 – As homicide detectives from the Miami Police Department (MPD) continue to investigate a recent shooting that took place at a downtown Miami nightclub, resulting in one death and causing seven others to suffer injuries, the unidentified gunman remains at large. Following the deadly Miami shootout, both the victim’s family and the owner of a nearby dance club scrutinized Nocturnal Nightclub for its slack security protocols, according to information provided by the Miami Herald.

Reports indicated at least one unidentified gunman opened fire in a room on the packed second floor of Nocturnal Nightclub, located in Miami’s Park West Entertainment District, at approximately 3 a.m. on Sept. 18. Clubgoer Brandon Marquis McGhee was killed in the gunfire. While seven other clubgoers were also shot, their bullet wounds were not considered life threatening.

MPD investigators seem to be on the lookout for one gunman, though there remains a possibility that another personal may have also been involved. Furthermore, it was not clear if there was a premeditated motive behind the shooting, or if an argument, for instance, spurred the violence. Nevertheless, MPD Sgt Confesor Gonzalez contended, “We believe they knew each other.”
News reports also appeared to suggest that security procedures in place at the Miami nightspot were inadequate. The victim’s mother told reporters, “It was just shocking that he was shot inside… Where were the people to help and protect him? The security, somebody?”
FLouis Puig, the owner of nearby Club Space, issued a statement to the Miami Herald, in which he referred to Nocturnal Nightclub’s “security apparatus is the most lax in all of South Florida.” Puig also contended, “I warned Nocturnal’s owner, Glenn Kofman that someone would get killed if Nocturnal kept hosting “gangster” parties… I honestly feel drastic measures are needed at this point in order to guarantee the safety and security of our neighborhood, residents and patrons.”
As the search for the perpetrator continues, investigations into the deadly South Florida shooting are ongoing.

Continue reading

MIAMI, FL— September 13, 2011 – Officials from the Broward Sheriff’s Office appear to be investigating a deadly shooting that occurred at a well-known Lauderdale Lakes nightclub during the early hours of Sept. 8. According to information provided by the Miami Herald, two people, including a man who drew a firearm during an argument at the club, were killed, while 10 others suffered various injuries in the Broward shootout.

Reports indicated Vishna Beepot, a 26-year-old North Lauderdale man, pulled out his gun when an argument arose at the unspecified Lauderdale Lakes nightclub. Although an unidentified security guard also drew his firearm, demanding that Beepot put his down, Beepot refused to do so.

During the subsequent exchange of gunfire, both Beepot and another club-goer, 35-year-old Lauderdale Lakes resident Junior Lodge, suffered fatal gunshot wounds. Although the nightclub security guard managed to escape injury in the shootout, 10 additional shooting victims suffered unspecified injuries. The extent of their wounds remained unclear.

A full investigation into the double-fatal Lauderdale Lakes shooting was expected to be underway.

Over the weekend, a separate nightclub shooting in Palmetto, Florida also left two people dead. In that case, ABC Action News reports stated another 22 victims were hospitalized with various injuries. Although officials from the Palmetto Police Department have yet to make any arrests in connection with that particular shooting, Lt. Scott Tyler said .762 and .556 caliber ammunition was found at the scene, suggesting AK-47 and AR-15 rifles were likely used.

Continue reading

MIAMI, FL— August 16, 2011 – The Broward Sherriff’s Office has launched an investigation into an injurious shooting that occurred in the parking lot of a Dania Beach motel at approximately 12 a.m. on Aug. 15. According to information provided by NBC Miami, while the shooting victim was rushed to Broward General Hospital after suffering multiple bullet wounds, the gunman’s whereabouts remain unknown.

Reports indicated employees at Red Carpet Inn, located along the 24000 block of State Road 84 (SR-84), called police when an unidentified man showed up at the front office after sustaining multiple gunshot wounds on the side of the motel. The masked gunman, who remains unidentified, subsequently fled the scene.

Broward deputies said they are looking for the shooter, who reportedly used a semi-automatic pistol during the violent attack. Witnesses alleged that the gunman’s four-door getaway car, which might be a Japanese model, was either maroon or a deep red colored vehicle.

Responding emergency medical services (EMS) personnel transported the shooting victim to Broward Medical Center. He remains hospitalized in stable condition. The search for the Dania Beach gunman is ongoing.

Continue reading

Contact Information