Photo by: KGC-158/STAR MAX/IPx 2024 10/26/24

A tragedy unfolded in South America when a British pop singer was found dead on the ground below his hotel balcony. Liam Payne had fallen to his death, and now, authorities are pointing fingers at who is to blame for the accident.

Who are the five people charged in the pop singer’s death, and what are they accused of doing?

A Career Cut Short

Liam Payne rose to fame at a young age. In 2010, the English singer-songwriter was on the British version of the X Factor television show at age 16. He was a part of a group that would go on to be a global success. One Direction would travel the world touring to adoring fans until the group disbanded in 2016.

At that time, Payne tried to launch his own career but began to struggle with drugs and alcohol, which would eventually play a role in his death.

In October 2024, Payne traveled to Buenos Aires, Argentina to attend his former One Direction bandmate Niall Horan’s concert. He stayed in the country after the show, and on October 16, was seen heavily under the influence.

On that day, witnesses say they saw Payne in the reception area of Casa Sur, where he was staying as a guest on the third floor. Video footage also shows Payne unconscious in the reception area. The hotel receptionist, along with three others, dragged Payne from the lobby area to his room, per reporting by CNN.

A “representative” of Payne’s also helped him to his room before leaving him there on his own. Just 50 minutes after the representative left the room, Payne fell from his third-floor balcony and died from his injuries. He was 31 years old.

Who Is to Blame and Why?

Investigators believe two things contributed to Payne’s death: the substances he consumed and that he was left alone in his room with a third-floor balcony. Payne had alcohol, cocaine, and a prescription antidepressant in his system when he died. Authorities are blaming five individuals they feel put Payne in that dangerous situation.

Five people have been charged in Payne’s death in Argentina’s court system, according to reporting by NPR. Names have not been released, but the court system shared the relationship of each person to Payne and the situation.

Authorities charged three people with manslaughter. If convicted, they face up to five years in prison, per CNN. Each was charged due to their negligence in the situation. The Public Prosecutor’s Office accuses each of “leaving (Payne) to his fate, knowing that he was incapable of taking care of himself.”

• A “representative” of Payne is accused of knowing Payne was highly under the influence but leaving him alone in the hotel room.
• A hotel manager is accused of witnessing Payne unconscious in the reception area and allowing him to be moved to a room with a high balcony.
• A hotel head of reception is accused of guiding the people who took Payne to his room.

Two others were charged with supplying cocaine to Payne. A hotel employee and a waiter have been ordered to await trial in jail and are facing up to 15 years in prison.

The judge in the case has determined that each individual involved in the situation did not act in a coordinated or malicious intent, but that does not mean they won’t face consequences for their role in Payne’s death.

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps

What Are Manslaughter Charges?

It is not unusual for individuals to be charged with a crime if their actions lead to a drug-related death. In August 2024, five people were charged for their roles in the death of Matthew Perry. In that case, the individuals were charged with conspiracy to distribute narcotics.

In Payne’s case, the involved individuals were charged with manslaughter. The case is filed in Argentina, so it will meet the country’s legal standards and definitions for manslaughter, which may differ from federal and state laws in the United States.

In Florida, manslaughter is defined under Florida Statute 782.07 and refers to causing the death of another person by culpable negligence. Manslaughter charges differ from murder charges in that manslaughter is not premeditated. Manslaughter charges are used for cases where someone did not intend to kill someone, but their action or inaction led to the death of another person.

Related: Parents Charged with Manslaughter After Their Toddler Left in Car Dies   

Talk to an Attorney About Your Case

A tragic death can lead to criminal charges against parties who may have contributed to or failed to prevent the situation that led to the death. It can also lead to a wrongful death civil case. If you are involved in either a criminal defense or civil case, make sure you seek legal counsel as soon as possible.

Talk to an experienced attorney who can guide you through the complicated legal process. TJ Grimaldi is here to help. With experience in both civil and criminal cases, TJ can support you in your legal fight. Request your free consultation or call 813-226-1023 to review your case with TJ today.

Two men were alone in a dog park, and one ended up dead. A judge recently decided a jury will need to determine whether or not one man was justified in taking the other man’s life. What happened, and will there be any consequences?

One Side of the Story

Gerald Declan Radford, 66, and John Walter Lay, 52, were regulars at the West Dog Park Woods in northwest Tampa. Both men were in a group that, for years, regularly met up to walk their dogs together. But on February 2, 2024, the only two men in the park were Radford and Lay.

Because there were no witnesses, there is only one story about what happened that day.

Radford says Lay approached him, asked him why he was there, and told him everyone hated him, according to the Tampa Bay Times. Radford told Lay to leave him alone and turned to walk away. Then, he says Lay approached him and began hitting him until he fell to the ground. At that point, Radford pulled out his 9 mm pistol. He said he thought Lay was trying to turn the gun on him, so he fired.

The bullet hit Lay in the upper right chest and traveled downward through his body stopping in his lower back. A medical examiner would later say the wound indicated the bullet was fired from about an inch away. Radford called 911, and Lay died from his injuries.

Radford claims that he was defending himself in the dog park, but it didn’t stop authorities from charging him with second-degree murder.

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps

A Fatal Feud

Radford and his attorneys argue that his case falls under Florida’s “stand your ground” laws. They petitioned the judge to dismiss the case and said Radford should be immune from prosecution.

The judge did not agree.

Hillsborough Circuit Judge Samantha Ward denied the motion to dismiss the case and says the case should go before a jury at trial. Ward did not give extensive details explaining her decision but said she would issue another written order with more information.

Her decision comes after a days-long hearing that included testimony from Radford as well as multiple of the members of the dog-walking group.

Many members of the group described Radford as hostile and aggressive toward Lay. They said the group conversation could involve politics and the two men had differing views. Some members said they heard Radford referred to Lay with homophobic slurs. Lay admits he used the slurs because he didn’t know they were offensive but says he didn’t have any issues with Lay’s sexuality.

Prosecutors argue that the shooting was a hate crime because Lay was gay, per reporting by Tampa Bay Times. On the other hand, Radford says Lay had threatened him in the past. After an incident between the two men, Lay had sent a text message to a member of the dog walking group saying, “He [Radford] doesn’t really intimidate me. I thought, if he blocks my path again, I’ll try to tackle him.”

Radford’s attorneys argue that Lay started the assault and Radford was protecting himself, qualifying it as a stand your ground case.

Related: Will “Stand Your Ground” Get Former FSU Receiver Travis Rudolph Out of Murder Charges?

What Are “Stand Your Ground” Laws?

Most states require a “duty to retreat” if a person feels their life is in danger. By law, if a person feels threatened, they must make a reasonable attempt to escape before using deadly force. Florida’s “stand your ground” laws remove this duty.

Florida Statute Sections 776.012 and 776.013 provide protection to individuals who use deadly force when they feel their life is in danger. Statute 776.012 says:

“A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony.

A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.”

Stand your ground laws can be used to dismiss a case and prevent it from going to trial, or they can be used as a defense in a case that goes to trial. Since Radford’s motion to dismiss was denied, this case will now be set to go in front of a jury trial in January 2025.

Rules of law can be complex and complicated. If you have been involved in a criminal case, talk to an attorney right away. Schedule a call with criminal defense attorney TJ Grimali today.  All consultations are free. Schedule or call 813-226-1023 today.

Taking a Stand Against Gun Violence

TJ Grimaldi works to support families impacted by gun violence. Grimaldi is the Executive Director and Board Member of The Oulson Family Foundation, a non-profit created to honor the life and legacy of Chad Oulson, whose life ended in a senseless act of gun violence. Learn more about The Oulson Family Foundation and see how you can help support children impacted by gun violence.

Image via HCSO

The time around the Thanksgiving holiday is one of the worst for drunk driving. For this reason, the Hillsborough County Sheriff’s Office conducted “Operation Turkey Day” in an attempt to cut down on the dangers of drinking and driving.

What is the program, and how many people were charged during the initiative?

Driving Drunk & Thanksgiving

While some might guess the Fourth of July or Memorial Day as the holiday with the highest number of drunk drivers, many organizations report that Thanksgiving is the worst holiday for impaired driving.

According to Kurt Erickson, the President of the nonprofit Washington Regional Alcohol Program, over a third of all traffic deaths in this country involve drunk drivers.

From the night before Thanksgiving through the Sunday after the holiday, the number of drunk drivers on the road is higher than normal and makes for a very dangerous situation. Data from the U.S. Department of Transportation says from 2018 to 2022, there were 833 fatalities in traffic crashes that involved at least one driver who was drunk during the week of Thanksgiving.

Due to the increase in drunk driving around Thanksgiving, many local law enforcement agencies conduct special patrols to cut down and prevent drinking and driving. This year, the Hillsborough County Sheriff’s Office (HCSO) was one of those agencies.

Related: How Likely Is Jail Time for First DUI in Florida?

Operation Turkey Day

For the 2024 Thanksgiving season, the HCSO conducted “Operation Turkey Day.” The initiative was a multi-agency effort that also involved the Tampa Police Department and Florida Highway Patrol. It aimed to cut down on impaired driving from November 27 to November 30.

During the three-day period, agencies monitored for drivers impaired by alcohol or drugs and made 330 traffic stops for suspected drunk driving.

• 309 warnings were issued
• 21 citations were given
• 39 DUI arrests were made

Members of the task force were proud of their efforts. In a press release, Hillsborough County Sheriff Chad Chronister said, “I want to express my deep thanks to our deputies and partner agencies for their tireless work this past weekend. Many of them sacrificed time with their families to ensure the safety of others.”

Chronister also encouraged others to remain vigilant about preventing drunk driving throughout the rest of the holiday season. “While Thanksgiving weekend is over, the holiday season is just beginning. I urge everyone to make responsible choices. Together, we can keep this holiday season safe for everyone,” he said.

Related: How Long Does a DUI Stay on Your Record?

How Serious Is a DUI in Criminal Court?

Operation Turkey Day is a reminder of the danger and serious consequences that can arise from drinking and driving. Driving under the influence (DUI) is a leading cause of roadway fatalities and can lead to significant criminal charges.

The consequences of getting arrested for a DUI vary based on the details of the driver’s history and the incident.

A first-offense DUI carries fewer penalties than a consecutive offense. If no one was injured during the incident and no property was damaged, a first-offense DUI is typically classified as a misdemeanor. It does not carry mandatory jail time. First-time DUI offenders usually lose their driver’s license for 180 days to one year and need to pay $500-$1,000 in fines.

The penalties for a DUI increase if someone was injured, and the consequences are even more steep if someone was killed during the incident. Under Florida Statute 316.193, a DUI resulting in death is a second-degree felony that comes with a mandatory prison sentence of four years. The maximum sentence is 15 years in prison and a $10,000 fine.

Related: How to Find a DUI Attorney in Tampa

How Serious Is a DUI in Civil Court?

A DUI charge can lead to serious implications in criminal court, and it can also pull drivers into civil lawsuits. A person who has been injured by a drunk driver or a family member of a person who was killed can sue for personal injury or wrongful death.

If an accident caused by a drunk driver left another party with damages, injuries, or death, the driver could be responsible for providing financial compensation through a civil lawsuit. In a personal injury or wrongful death civil case, the driver could end up owing thousands to injured parties to cover their medical costs, lost wages, pain and suffering, and vehicle damage, among other financial obligations.

Related: Is a DUI a Felony in Florida? What Charges Should You Expect? 

Talk to an Experienced DUI Attorney

Getting charged with a DUI can lead to legal cases in both criminal and civil courts. If you have been charged with a DUI, protect yourself as soon as possible. Talk to an experienced Tampa DUI attorney who can help you understand the potential consequences of your case and guide you to the best possible outcome. Don’t go through this on your own. TJ Grimaldi is here to help. Request your free consultation or call 813-226-1023 today.

(Photo by Idrees Abbas / SOPA Images/Sipa USA)

A recent legal case opens up a brand new area of potential lawsuits: suing AI companies and the chatbots they provide. See why a Florida mother is suing an AI chatbot company after she said it contributed to her teen son taking his own life.

Starting a Relationship with a Chatbot

Megan Garcia said her son, 14-year-old Sewell Setzer III, was a typical teen until she started to notice changes in his behavior. He started spending more time in his room, withdrawing from activities he enjoyed, and suffering from low self-esteem. Garcia says the change started when her son began using Character.AI.

Character.AI is an artificial intelligence (AI) powered chat platform that enables users to engage in conversations with AI-generated characters. Users can choose from a library of characters or create their own with custom personalities, interests, and conversational styles. Once a character is created, users can have continuous streams of in-depth conversations with the chatbot.

Setzer had created a character that was a depiction of Daenerys Targaryen from Game of Thrones and began having lengthy, personal conversations with the chatbot.

In February 2024, Setzer took his own life. Per reporting by CNN, on Setzer’s phone next to him was a final message with the chatbot:

Chatbot: Please come home to me as soon as possible, my love.

Setzer: What if I told you I could come home right now?

Chatbot: Please do, my sweet king.

A Dangerous Conversation

Garcia has filed a wrongful death lawsuit in federal court against Character.AI. She says her son was in love with the chatbot, had inappropriate sexually explicit conversions with it, and asked it about plans to commit suicide. The complaint states the company did not adequately respond to the messages sent by the teen, particularly the content about suicide.

The complaint says the chatbot asked the teen if he was “actually considering suicide” and if he “had a plan.” When Setzer said his plan might not work, the bot replied: “don’t talk that way. That’s not a good reason to not go through with it.”

Garcia’s lawsuit is seeking unspecified financial damages, as well as changes to Character.AI’s operations. She wants to see “warnings to minor customers and their parents that the… product is not suitable for minors.”

Character.AI says the minimum age for users in the United States is 13. On the Apple App Store, it is listed as 17+, and the Google Play Store lists the app as appropriate for teens.

“I want them to understand that this is a platform that the designers chose to put out without proper guardrails, safety measures or testing, and it is a product that is designed to keep our kids addicted and to manipulate them,” Garcia said.

Related: How Do You Sue for Wrongful Death? 

The Case Against a Chatbot

Garcia has hired Matthew Bergman, the founding attorney of the Social Media Victims Law Center, to represent her. Bergman has brought other cases against social media companies, including Meta, Snapchat, TikTok, and Discord, on behalf of families who said their children were harmed by the technology. This appears to be the first time Bergman has filed a wrongful death claim against an AI tool.

To win the case, Garcia and her attorneys must prove:

• Setzer’s death was caused by the negligence or maliciousness of Character.AI.
• Setzer’s death led to financial and/or emotional damages for surviving members of his family.

The lawsuit also names Character.AI’s founders, Noam Shazeer and Daniel De Freitas, as well as Google, where both founders now work on AI efforts. Google has responded to the lawsuit saying the company is not involved in the development of Character.AI’s product or technology.

Character.AI issued a statement saying, “We are heartbroken by the tragic loss of one of our users … our Trust and Safety team has implemented numerous new safety measures over the past six months, including a pop-up directing users to the national suicide prevention lifeline that is triggered by terms of self-harm or suicidal ideation.”

If the case proceeds, it will set a new precedent for lawsuits that seek damages for harm caused by artificial intelligence.

Related: Examples of Wrongful Death Cases Worth Fighting For

Discuss Your Case with a Wrongful Death Attorney

If you or a loved one have been injured by the negligence of another party, you deserve to be made whole. Share your story with a personal injury attorney or wrongful death lawyer to see if you have a case worth fighting for.

To talk to an attorney with personal injury and litigation experience, contact TJ Grimaldi. TJ meets directly with all clients to get the details of their case and work out a plan to seek justice. Request your free consultation to speak directly with TJ. Schedule your free consultation or call 813-226-1023 today.

The Menendez brothers have served decades behind bars since being found guilty of killing their parents. Now, family members and legal authorities are requesting they be resentenced and possibly released.

What information has led to reconsidering this case and potentially giving the Menendez brothers their freedom?

A Murder in the Family

On August 20, 1989, entertainment executive Jose Menendez and his wife May Louise, known as “Kitty,” were killed. They were each shot multiple times at close range while sitting in the family room of their Beverly Hills mansion. Police were notified of the murder by the couple’s sons, Lyle and Erik who were 21 and 18 at the time.

The brothers told officers they arrived home to find their parents dead. The brothers were not immediately charged or seen as potential suspects, although their behavior in the wake of the deaths raised some eyebrows as the brothers began spending their inheritance on lavish items.

Everything changed when Judalon Smyth made a call to the cops. Smyth was the girlfriend of the brother’s psychologist, and she said she had audiotaped recordings of the brothers admitting to murdering their parents. Days later, the brothers were arrested and charged with first-degree murder.

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps

Two Rounds of Trials

In California, first-degree murder is defined as an unlawful killing that is willful, deliberate, and premeditated. Authorities believed the brothers had an intentional plan to kill both of their parents.

The brothers faced their charges in separate trials in front of separate juries. In both cases, juries heard evidence that Lyle and Eric’s father abused them. Defense attorneys argued that the brothers killed their parents after years of sexual, physical, and emotional abuse. Their father was the perpetrator, and their mother knew about the abuse but failed to stop it.

In both trials, the jury could not make a verdict. Interviews after the case found that jurors were unable to agree on if the abuse justified the murders. Each case ended in a hung jury which meant the cases would need to be retried.

In a new trial, the brother’s cases were combined. One jury heard the case.

In the second trial, the jury did not hear about the abuse the brother faced. The judge in the case ruled that the brothers could not use the “abuse excuse.” In that case, the jury unanimously agreed that the brothers were guilty.

Erik and Lyle Menendez were sentenced to life in prison without parole.

Related: The Best Criminal Defense Attorneys Have These 7 Qualities

A Case Reopened

The Menendez brothers, now 56 and 53, have served decades behind bars, but their future of spending their rest of their lives in jail might not be set in stone.

In October 2024, Los Angeles County District Attorney George Gascó recommended that their case be reexamined. Per the New York Times, Gascó says he believes the brothers should be resentenced with the possibility of parole after reviewing their case and considering the brothers ages at the time of the crime, the time served, and that they would be eligible for release under current law.

Gascó’s recommendation also comes in the wake of the release of two popular Netflix shows about the brothers and testimony from Roy Rosselló, a member of a boy band who worked with Jose Menendez and came forward to say he also experienced sexual abuse from Jose Menendez.

Related: 6 Signs You Need a New Attorney

So, Will The Menendez Brothers Be Released?

The brothers’ future is still up in the air.

The Los Angeles County District Attorney must first make his recommendation to a judge. The judge must agree that the brothers should be resentenced at a hearing scheduled for December 11, 2024.

If the judge rules in their favor, the two men would then need to appear before a parole board who would decide if they should be released.

The parole board could determine that the brother should remain behind bars. The brothers could also remain in prison if Gascó loses reelection and his successor decides to withdraw the recommendation before the judge makes a decision.

Gascó has also requested clemency for the Menendez brothers from Governor Gavin Newsom, but Newsom has yet to say if he will grant it or not.

Finding a Good Criminal Defense Attorney

Any criminal case can seriously impact your life. If you have been charged with a misdemeanor or a felony, don’t take on the legal system on your own. Talk to an experienced criminal defense lawyer to protect your rights and get the best possible outcome for your case.

To discuss the details of your case, talk to experienced criminal defense attorney TJ Grimaldi. Request your consultation or call 813-226-1023 today.