Tupac Shakur Murder Trial Delay

(AP Photo/Chris Pizzello)

Almost three decades ago, famed rap sensation, Tupac Shakur was shot on the Las Vegas strip. A week later, he died from his injuries. Now, close to thirty years later, a trial is set against a man authorities say participated in the shooting, but the defense is trying to prevent the trial from starting.

Why do they want a delay, and will there finally be a trial for Shakur’s murder?

A Las Vegas Shooting

In September 1996, Tupac Shakur, a well-known rapper, attended a boxing match at the MGM Grand in Las Vegas, Nevada. After the match, Shakur and his associates crossed paths with Orlando Anderson in the lobby of the hotel.

Shakur and his group recognized Anderson as someone who they had previous troubles with. The MGM security cameras caught footage of Shakur and his associates assaulting Anderson. Later that night, Shakur and his associates encountered Anderson again when he and three others pulled up next to Shakur’s car and fired shots into it.

Shakur, 25 at the time, was hit four times. After a week in the hospital, he died from his injuries. No one was charged in the case for nearly 27 years.

Related: What Does It Take to Be an Attorney for a High-Profile Case? 

An Arrest and a Murder Charge 27 Years Later

In September 2023, a man was finally charged in the Shakur case. Duane “Keffe D” Davis, 61, was arrested in Las Vegas and charged with first-degree murder.

Davis is an ex-gang leader and the uncle of Anderson who had the altercation with Shakur in the MGM lobby. Davis had been interviewed in earlier investigations of the case. Authorities talked to him in 1998 and the early 2000s, but nothing came from the interviews at that time, per FOX 13.

Now, authorities are pointing to Davis’s later actions as evidence in the case. In 2019, Davis wrote a tell-all memoir depicting his life as a gang leader in Compton, California. The book includes a first-person account of the 1996 shooting.

In the book, Davis says he obtained a .40-caliber handgun and that he was in the car with Anderson and two others when it approached Shakur’s vehicle. While he doesn’t admit that Anderson shot Shakur, he says he handed the gun to Anderson.

Of the four people in the car, Davis is the only person still living. Anderson, who had always denied involvement in the shooting, died in 1998.

Prosecutors have evidence that Davis was in Las Vegas at the time of the shooting, and they finally arrested him for first-degree murder almost three decades after the incident.

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

First, A Motion to Dismiss

Davis was charged with first-degree murder in Las Vegas, Nevada, where Shakur was shot and killed and also where Davis currently resides. The case was originally set to go to trial on March 17, 2025, but Davis’s legal team fought to have the case dismissed.

In January 2025, Davis’s legal team filed a motion to dismiss the charges. They argued that the case should be dismissed because Davis had an immunity agreement with federal and local authorities that was reached years ago. They also called the lengthy delay in his arrest an “egregious” violation of his constitutional rights, per AP reporting.

Prosecutors argued that there was no proof that Davis was granted immunity and that the evidence against him warranted a trial. The judge agreed and denied the motion to dismiss, but Davis’s legal team had another path toward delaying the trial.

Related: The Best Criminal Defense Attorneys Have These 7 Qualities

Next, A Motion to Delay The Trial

In February 2025, Davis’s team filed a motion to delay the upcoming trial. They argued they needed more time to investigate and conduct interviews. They believe they may have evidence that Shakur’s death was caused during an incident at the hospital after the shooting rather than being a result of the gunshot wounds.

The defense’s court filings say they have, “identified several witnesses that have testimony regarding the sudden death of Tupac Shakur while at the hospital after reaching stable condition.”

This time, the judge agreed with the defense team. The judge agreed to postpone the trial until February 9, 2026.

In the decades-long saga of Shakur’s murder, the case will be on hold for at least another year.

Talk to an Experienced Criminal Defense Attorney

If you are entering a criminal legal matter, whether it is a misdemeanor or a felony, talk to an experienced defense attorney right away. Schedule a consultation with criminal defense attorney TJ Grimaldi to review your case and prepare your defense plan. All consultations are free. Request your free consultation or call 813-226-1023 today.

Dog Park Shooter

[Hillsborough County Sheriff’s Office]

A little over a year ago, two men got into an altercation at a Tampa dog park. One man was shot and left dead. The other man was recently granted his freedom after a Tampa jury found him not guilty for his role in shooting and killing the other. What led the jury to acquit the shooter?

What Happened at the Dog Park?

On February 2, 2024, two men visited a dog park that they were both familiar with. Each man was a regular at West Dog Park Woods in northwest Tampa. For years, they both regularly met with other neighbors to walk their dogs together, as reported by the Tampa Bay Times.

That day, the two men were the only people at the park. There were no witnesses, and no cameras recorded the event that unfolded.

One man told his story of what happened. Gerald Declan Radford, 66, said John Walter Lay, 52, approached him and began hitting him. Radford says a tumble ensued, and he took out his gun and fired at Lay in self-defense.

Lay didn’t have a story to tell. He was struck by the bullet and died from his injuries.

A Case of Murder or Stand Your Ground?

One month after the shooting, Radford was arrested and charged with second-degree murder with a hate crime enhancement. Prosecutors argued that Radford killed Lay in an act of hate because Lay was gay.

The defense argued that the incident was a case of self defense. Radford’s legal team argued that the case should fall under Florida’s “stand your ground” laws. Stand your ground laws refer to Florida Statute Sections 776.012 and 776.013 which provide protection to individuals who use deadly force when they feel their life is in danger.

In December 2024, a judge ruled that the case did not match the criteria for a stand your ground dismal. Hillsborough Circuit Judge Samantha Ward denied the motion to dismiss and ruled that the case should go before a jury at trial.

In February 2025, the case was heard before a jury, and a verdict by a jury was made.

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

Not Guilty Verdict in Shooting Case

A six-person jury found Radford not guilty of second-degree murder. If the jury had found him guilty, he would have faced life in prison.

The jury had another option in their decision. They could have found Radford guilty of a lesser charge of manslaughter with a weapon. The lesser charge carried a potential sentence of up to 30 years in prison. The hate enhancement could have led to life in prison.

The jury found Radford not guilty on all charges.

Hearing Both Sides of the Case

Prosecutors attempted to make a case that Radford was motivated to shoot Lay because he was gay. Among their evidence, they pointed to the testimony of other members of the dog walking group who said Radford was hostile and aggressive toward Lay. One witness testified that one week before the shooting, Radford said, “Here comes that f–king fa–ot, I want to kill him,” after seeing him approach the park.

On the other hand, Radford’s defense team said Radford had no choice but to defend himself. They pointed to comments made by Lay about Radford. Lay had said about Radford to a friend, “I thought, if he blocks my path again, I’ll try to tackle him. He’s really older than he looks. He’s weak and feeble. I’ll keep you informed. This weekend should be drama.”

Radford’s team argued that Lay was committing felony battery on Radford during the encounter, which gave Radford the right to use deadly force.

A judge who heard both sides of the case in December did not believe the case qualified for a stand your ground dismissal, but the jury said they believed Radford was acting in self-defense. Radford will walk away a free man.

The rule 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.

Support Those Impacted by Gun Violence

Along with The Oulson Family Foundation, TJ Grimaldi works to support families who have been impacted by gun violence. TJ is the Executive Director and Board Member of the 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.

If you or a loved one have been negatively impacted as the result of poor or inadequate medical care, you have rights. Medical malpractice and personal injury laws can protect you and your loved ones and help you recover damages if you have been wronged during a medical treatment.

Is Medical Malpractice a Personal Injury Lawsuit?

Yes, medical malpractice is a type of personal injury lawsuit. Individuals who experience a negative healthcare outcome due to the negligence of their healthcare provider or providers can file a medical malpractice personal injury lawsuit in civil court.

While medical malpractice is a type of personal injury lawsuit, it has a different burden of proof from general personal injury cases. For example, in a medical malpractice case, a plaintiff must prove that a provider-patient relationship had been established and that the medical provider violated medical standards of care. This burden is not always necessary in a general personal injury case.

What Is a Personal Injury Lawsuit?

A personal injury lawsuit is a legal action filed in civil court against one or more individuals or companies who have caused damage as a result of their negligence, unsafe actions, or maliciousness. The at-fault party (the defendant) acted in a way that caused harm to the person or persons who filed the lawsuit (the plaintiff). The harm may have caused or led to:

  • Physical injury
  • Mental stress
  • Medical bills
  • Loss of income
  • Property damage

In the lawsuit, the plaintiff seeks personal injury compensation to cover the cost of the damages they incurred as a result of the harm caused.

There are many branches of personal injury lawsuits. Each requires a unique barrier of proof. Auto accidents, slip and falls, premise liability, workplace accidents, product liability, assault and battery, and medical malpractice are types of personal injury cases.

Related: 6 of the Most Commonly Asked Questions About Personal Injury 

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider fails to meet the acceptable standard of care for a patient and their substandard care harms the patient. A medical malpractice case is a type of personal injury lawsuit that seeks to hold the at-fault healthcare provider responsible.

A successful medical malpractice lawsuit must meet four barriers of proof.

  • Duty: The plaintiff must prove the defendant had a duty to provide care that was established through a provider-patient relationship.
  • Deviation: The plaintiff must prove the defendant deviated from standard practices of care.
  • Direct Cause: The plaintiff must prove the defendant’s deviation of standard care practices directly lead to injury or harm to the patient.
  • Damages: The plaintiff must prove the injury or harm led directly to physical, financial, or emotional damages.

A personal injury attorney with experience in medical malpractice cases will be able to determine if a case meets the barriers of proof and is worth pursuing. If you think you may have a medical malpractice case, talk to an experienced personal injury attorney right away.

Related: How to Choose a Personal Injury Attorney 

What Consists of Medical Malpractice?

Medical malpractice occurs when a patient has sustained harm due to the negligence of a healthcare provider. Common medical malpractice cases may include:

  • Misdiagnosis
  • Failure to diagnose
  • Improper or inadequate testing
  • Improper medication administration
  • Procedural mistake
  • Surgical error
  • Lack of informed consent
  • Insufficient care
  • Lack of follow-up care

Patients trust medical providers to meet specific standards of care. If you feel you were not treated with adequate care or treatment, you may have a medical malpractice case.

Related: 11 Examples of Medical Malpractice Cases Worth Fighting For  

What Is the Statute of Limitations on Medical Malpractice

The statute of limitations on medical malpractice cases differs by state. Florida Statute 95.11(4)(b) says medical malpractice cases must be filed within two years of the incident that led to harm, but there are some exceptions.

In some cases, the statute of limitations is extended to within four years of the incident that led to harm if the harm did not immediately present itself after the inadequate care.

Find a Personal Injury Lawyer For Medical Malpractice

“Is medical malpractice a personal injury lawsuit?” is just one of the many questions people have when dealing with the effects of a medical treatment gone wrong. Make sure you get answers to all of your questions.

Talk to a personal injury attorney who has experience in medical malpractice and can answer your questions and guide you down the best legal path for your situation.

TJ Grimaldi is a personal injury attorney with experience fighting for clients who have been wronged. If you think you have a case against a medical provider, schedule a consultation to review your case. All consultations are 100% free so you have nothing to lose by sharing your story. See how TJ can use his experience to help you or a loved one receive the damages you deserve. Schedule your consultation or call 813-226-1023 now.

Police Drug Sniffing Dog

Trained police dogs can smell when marijuana is present. Their signal to the scent is often enough for police officers to conduct a search of a car without a warrant, but that is about to change in parts of Florida.

What changed, and what does it mean for Floridians?

A Drug Scent Leads to an Arrest

In 2020, Stephon Ford was taking a ride in a Lyft in Groveland, Florida, when the driver was pulled over by a police officer. The officer stopped the driver for speeding and tag lights that were not working. After the officer noticed the passenger seemed nervous and agitated, he called for a trained drug-sniffing dog to inspect the vehicle. Upon inspection, the dog, named Polo, signaled at the car indicating that the smell of marijuana was present.

The signal from the dog granted the officer the right to search the vehicle. Inside, the officer found seven mason jars filled with marijuana, along with baggies of crack cocaine, ecstasy, and methamphetamine, as reported by CBS 12 News.

The drugs belonged to Ford. He was charged with drug possession and was arrested.

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

Defense Seeks to Dismiss Evidence

Ford’s defense team aimed to fight the charges and filed a motion to dismiss the evidence against him. Their motion argued the drugs found were not permissible as they were found unfairly.

Ford’s team argued that a drug-sniffing dog could not be used to signal for the presence of illegal drugs because they cannot tell the difference between legal, medical marijuana and illegal marijuana, per the Tampa Bay Times.

The circuit judge refused the request. Ford was sentenced to 68 months in prison, but his legal team did not stop fighting for his case.

Related: What Would Federal Reclassification of Marijuana Mean in Florida? 

An Appeal Could Change Procedure

Ford’s defense team appealed the decision and brought the case before the 5th District Court of Appeal in Lake County. A three-judge panel reviewed the case and issued a ruling that will change the way drug-sniffing dogs are used in the future.

The appeals court agreed with Ford.

“At the time when Polo alerted to a target substance in the Lyft vehicle, the police officers had no way of knowing whether Polo had detected an illegal substance (marijuana, cocaine, heroin, or methamphetamines) or a legal substance,” wrote Chief Judge James Edwards in the opinion. “Whether the substance Polo smelled was legal or illegal was not readily apparent, and thus his alert, alone, could not provide the probable cause needed to justify a warrantless search.”

The ruling could change the way things are done in the future in the 5th District of Florida, which includes areas in Daytona Beach, Jacksonville, and Ocala. Signals by drug-sniffing dogs may no longer be the sole reason for a car being searched.

Another judge agreed with Judge Edwards, but also noted that drug-sniffing dogs could still be used. In his opinion, Judge Jordan Pratt said, “An undifferentiated alert can supply probable cause when combined with an officer’s questions ruling out the presence of lawful cannabis. Officers easily can be trained to ask such questions in conjunction with a dog’s undifferentiated alert.”

The decision comes after another ruling by the full 5th District Court of Appeal made in August 2024 that said police officers could not use the scent of marijuana as the sole basis to search a car and arrest a man.

The new ruling adds to the complexity of when officers are legally allowed to search a vehicle and if the evidence they find can be used in court, but it did not change the outcome of Ford’s case.

Related: The Best Criminal Defense Attorneys Have These 7 Qualities

An Appeal Does Change Conviction

While the appeals court agreed that a drug-sniffing dog cannot tell the difference between legal and illegal marijuana and should not be able to trigger a car search, the court upheld Ford’s conviction.

Under what is known as a “good faith” exception, the judge followed what was legal precedent at the time of Ford’s arrest and upheld Ford’s conviction and sentencing. While his case may change the future of how police stops are conducted, Ford will still need to serve his time behind bars.

Related: 6 Signs You Need a New Attorney

Talk to a Criminal Defense Attorney

Laws are always changing and evolving. If you have been arrested, make sure you talk to a criminal defense attorney who keeps up with changing legal rules. An informed attorney can do their best to fight on your behalf and lead to the best possible outcome.

If you have been charged with a crime, TJ Grimaldi is here to help. Review your case during a free consultation and see how TJ can fight for your interests. Start making your defense plan today. Request your free consultation or call 813-226-1023.

People Charged in Death of Liam Payne

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.

Jay-Z’s Request to File for Dismissal

(Photo by Xavier Collin/Image Press Agency/Sipa USA)(Sipa via AP Images)

After months of rapper Sean “Diddy” Combs making news for accusations of sexual assault, his former friend, Shawn Carter, known as Jay-Z, has been named as an accomplice.

What has Jay-Z been accused of doing, and why does it mean that a judge has granted his request to file for a dismissal in the case?

An After-Party and an Amended Lawsuit

In October 2024, an anonymous woman, known as Jane Doe in the court documents, filed a civil lawsuit against Sean “Diddy” Combs in federal court in New York’s Southern District. The lawsuit accuses Combs of raping Jane Doe more than twenty years ago, per reporting by NBC News.

The lawsuit alleges that the plaintiff, who was 13 at the time, visited the location of the 2000 MTV Music Video Awards at Radio City Music Hall in Manhattan. After trying unsuccessfully to get into the show, the girl began talking to limo drivers. According to her story, she encountered Combs’ driver who told her she “fit what Diddy was looking for” and took her to a location for an after-party.

At the after-party, the girl said she was told to sign a document which she thought was a non-disclosure. Later, she was given a drink that made her “woozy,” so she said she laid down in a bedroom. At some point, Combs entered the bedroom with two other celebrities, and one of the unnamed celebrities raped her while Combs watched.

In December 2024, the lawsuit was amended to reveal the unnamed celebrity. The man was revealed to be Shawn Carter, known as Jay-Z.

Related: What Does It Take to Be an Attorney for a High-Profile Case? 

P Diddy’s Long List of Accusations

The amended lawsuit claims that it was Carter who raped the girl while Combs stood by and watched.

Combs has been accused by over 100 men and women of sexual assault in the last year. Combs is currently facing federal criminal charges for racketeering conspiracy, sex trafficking, and transportation to engage in prostitution and is facing at least two dozen civil lawsuits accusing him of sexual misconduct.

This is the first Combs case that has named Carter.

Related: Breaking Down The Federal Criminal Charges Against Sean “Diddy” Combs

Jay-Z Fights Back

Carter denies the claims made in the civil lawsuit and called it a “shameless publicity stunt.” In a statement to NBC News, Carter said, “These allegations are so heinous in nature that I implore you to file a criminal complaint, not a civil one!! Whomever would commit such a crime against a minor should be locked away, would you not agree?”

Carter claims the attorney leading the case filed the suit in an effort to blackmail him. He points to a demand letter sent by the attorney prior to the legal filing. The attorney for the plaintiff says the letter could not be perceived as blackmail since it sought a mediation, not money.

Carter’s first official response to the lawsuit was filing a motion to reveal the name of the plaintiff. As reported by E! News, Carter’s legal team argued that it was not “consistent with justice, fairness, or the rules governing federal proceedings” for the plaintiff to name Carter but not to share her name.

The judge denied Carter’s motion and said the plaintiff could remain anonymous.

Carter’s team then asked the judge for permission to file a motion to dismiss the case, and it was approved.

A Motion to Dismiss Isn’t a Dismissal

On January 2, 2025, the judge in the case approved Carter’s request to file a motion to dismiss. This approval doesn’t mean the case is dismissed or will be dismissed. It means Carter’s team can argue why they think it should be.

The basis for the dismissal is not that Carter did not engage in the acts outlined in the lawsuit. It is based on an argument that the case should not move forward due to a procedural error.

The case was filed using New York City’s Gender-Motivated Violence Protection Act (GMVPA). The GMVPA is a local New York City’s law that allows victims to file a civil lawsuit against anyone who “directed, enabled, participated, or conspired in the commission of gender-motivated violence.” Carter’s team argues that the plaintiff cannot file a claim under GMVPA because the law was enacted after the alleged assault took place.

The judge has granted Carter’s team an opportunity to argue for dismissal of the case. They must file their motion on or before February 6, 2025. At that time, the plaintiff can file an opposition to the motion by February 28, 2025, and Carter will have an opportunity to issue a response before the judge makes the ruling.

If the judge grants Carter’s motion, the case will be dismissed. If the judge does not grant the motion, the case will continue to go through the legal system.

Talk to a Trusted Attorney

If you have a pending civil or criminal case, talk to an experienced attorney right away. Schedule a free consultation with attorney TJ Grimaldi. Request your consultation or call 813-226-1023 now.

Dog Park Stand Your Ground

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.

Daniel Penny Will Go Free After Trial in Subway Chokehold Manslaughter Case

Credit: Katie Godowski/MediaPunch /IPX

A subway ride in New York City left one man dead and another facing up to fifteen years in prison. What happened between the two men, and what eventually led to one man walking away free?

The Incident

On May 1, 2023, two men boarded a northbound F train in Manhattan. Former marine, Daniel Penny, 26, noticed Jordan Neely, 30, when he began making a commotion on the train.

Penny, who was homeless and known to have mental health and drug problems, started yelling. Per CNN, witnesses say Penny said he was hungry and thirsty and he didn’t care if he lived or died. He took off his jacket and whipped it around. Then, Penny thought he heard Neely say, “I will kill,” and he decided to take action.

Penny grabbed Neely and put him in a chokehold. Penny had been trained in chokeholds during his time in the Marines. Penny forced Neely to the ground and held him there for close to six minutes. Once Penny released the chokehold, Neely was unresponsive. Police arrived and offered aid, but Neely would later die.

After an autopsy, a city medical examiner said the cause of Neely’s death was “compression of neck (chokehold),” and Penny was later criminally charged for the death.

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

The Charges

On June 15, 2023, a grand jury indicted Penny, and he was charged with second-degree manslaughter and criminally negligent homicide.

The second-degree manslaughter charge carried a maximum penalty of fifteen years in prison, and the charge of criminally negligent homicide held a potential consequence of four years in prison.

Penny pleaded not guilty to both charges. A judge declined Penny’s request to dismiss the case, and the case went to trial in October 2024.

Related: Get Good Legal Representation by Asking This One Question

A Trial Leads to a Deadlock

During the trial, the jury heard from subway passengers who witnessed the incident, as well as a Marine Corps instructor who taught Penny chokehold techniques and Penny’s relatives, friends, and fellow Marines.

Penny’s defense attorneys argued that Penny was trying to protect the public from Neely and that Neely’s death hadn’t been caused by the chokehold. The city medical examiner who performed Neely’s autopsy testified for the prosecution and said the chokehold caused the death, but Penny’s team argued that Neely did not die from the chokehold but rather from cardiac arrest caused by the use of drugs and likely the “excitement” of the event, per CNN.

The jury struggled to make a verdict.

Related: The Best Criminal Defense Attorneys Have These 7 Qualities

The Verdict

Penny was charged with two crimes. The second-degree manslaughter charge was the higher of the two charges and the crime the jury could not agree on.

The jury sent a note to the judge indicating that they had deadlocked twice on the manslaughter charge. After the second note, the judge granted the prosecution’s request to dismiss the charge.

At that time, the jury only had to consider the charge of criminally negligent homicide. In order for the jury to find Penny guilty of criminally negligent homicide, the jury had to believe that he caused Neely’s death, he acted with a reckless disregard for the safety and well-being of others, and his actions were not justified.

On December 9, 2024, the jury said they did not think the case met the barrier for a guilty verdict.

They found Penny not guilty of criminally negligent homicide. Penny was acquitted in the case and will face no criminal consequences.

The Future

While Penny’s criminal case has been dismissed, he may still face legal challenges. Neely’s father, Andre Zachery, filed a wrongful death civil lawsuit in New York’s Supreme Court. It accuses Penny of assault, battery, and causing Neely’s death, according to the BBC.

The lawsuit does not specify the amount of money the family is seeking, but the wrongful death lawsuit will be another case Penny may have to fight in the court system.

For Neely’s family to win their case, they will need to prove that Penny caused Neely’s death as a result of negligence or maliciousness and that Neely’s death led to financial and/or emotional damages for surviving members of his family.

Talk to a Criminal Defense Attorney

If you’re arrested for a crime, time is of the essence. Talk to an experienced criminal defense attorney who knows what you need to do to build a case that will lead to the best possible outcome. Get help today.

Call TJ Grimaldi to discuss your case. All consultations are 100% free, so don’t delay. Start making your defense plan today. Request your free consultation or call 813-226-1023.

Operation Turkey Day DUI

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.

Hit and Run Doctor

Image via Hillsborough County Sheriff’s Office

After spending decades serving patients, a doctor left one man for dead. What consequences will a Tampa man face for leaving the scene after fatally hitting a man in a wheelchair with his vehicle?

A Hit and Run

In the early evening on October 12, 2024, Gwyn Norman Crump Jr., 62, a licensed physician, was driving his Ford F-250 pickup truck on East 124th Avenue in a Tampa neighborhood east of the University of South Florida.

At the same time, Richard Taylor, 55, was moving along the side of the street in a wheelchair. At around 7:35 p.m., the two men collided. When Crump’s pickup truck hit Taylor, the physician, who is licensed in Florida and North Carolina and practices occupational, preventative and family medicine, didn’t stop.

Taylor was injured and taken to AdventHealth Tampa where he later died from his injuries, per reporting by the Tampa Bay Times. Crump fled the scene.

Related: Injured in a Car Accident? Here’s What You Need to Do Right Away.

The Evidence

Crump attempted to leave the scene unnoticed, but authorities quickly connected him to the accident.

According to a new release issued by the Hillsborough County Sheriff’s Office, several witnesses saw the hit-and-run and gave a description of Crump’s pickup truck. An HCSO Real Time Crime Center camera also picked up footage of the accident. Authorities were able to use the witness accounts and footage to identify the vehicle tag registered to Crump’s wife.

When police arrived at Crump’s residence on Davis Islands, Crump admitted that he had been driving, but he didn’t not say he had been in an accident. Police later found his truck parked on the fifth-floor garage of a condominium building at the corner of Bayshore Boulevard and Platt Street. The truck had front-end damage.

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

The Charges & Potential Consequences

Crump was arrested and charged with leaving the scene of a crash with death.

Under Florida Statute 316.062, drivers are required to stop, give information, and render aid if involved in a traffic accident that causes injury. It states, “The driver of a vehicle involved in a crash occurring on public or private property which results in injury to a person other than serious bodily injury shall immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and shall remain at the scene of the crash until he or she has fulfilled the requirements.”

Failure to adhere to the law comes with serious consequences. Leaving the scene after an accident that leads to death is classified as a first-degree felony. It carries potential penalties of license revocation, a $10,000 fine, up to 30 years of probation, and up to 30 years in prison.

If the driver is found to have been driving under the influence, the consequences may increase.  According to reporting by FOX 59, Crump was previously charged with DUI in 1996 and again in 2003, but at this time, there is no evidence that he was driving under the influence when he hit and killed Taylor.

Related: Stopped and Arrested for a DUI in Florida? Here’s What to Do Next    

What To Do If You’re In a Traffic Accident

Being in a traffic accident is an upsetting experience. You may be in shock or physically injured after a collision, but it is imperative that you take the proper steps to protect yourself after an accident.

If you are in a traffic accident, never flee the scene. First, stop the car and check yourself and your passengers for injuries. Next, check on the other party involved. If anyone is injured, call 911, request an ambulance, and stay on the scene until help arrives.

Even if no one is hurt in the accident, you still need to stop and collect and share information after the incident. You are required by law to share your name, address, vehicle registration information, and driver’s license information if someone has been injured. You also need to gather information to protect yourself even if no one is injured.

Gathering information after an accident will help you:

  • Prove damages to insurance companies
  • Determine and prove fault in the accident
  • Provide defense in the event that you are sued or charged after the accident
  • Provide evidence in the event that you sue another party after the accident

Being in a car accident can lead to both serious injuries and serious legal consequences. Take the moments after the incident seriously, and contact an auto accident attorney or a personal injury attorney right away to help guide you through the aftermath.

Related: 5 Reasons to Contact a Car Accident Lawyer After a Crash 

Talk to an Experienced Auto Accident Attorney Today

If you have been involved in an auto accident, get professional advice to protect yourself and your interests. An experienced attorney knows what you need to do to prevent unwarranted claims and to get full benefits from your insurance company. To discuss the details of an auto accident, talk to attorney TJ Grimaldi today. Request your free consultation or call 813-226-1023.