On February 14, 2018, 19-year-old Nikolas Cruz walked into Marjory Stoneman Douglas High School in Parkland, Florida and repeatedly fired a gun at students and teachers. His shots injured 17 and killed 17.

Now four years later, a jury will determine what the punishment for his actions will be.

The jury will decide if Cruz will be sentenced to life in prison or death.

A Trial to Determine the Punishment for a Horrific Shooting

There is no question that Cruz is responsible for the shooting at Marjory Stoneman Douglas High School. The evidence is abundant, and Cruz didn’t challenge the charges against him.

Cruz plead guilty to 17 counts of first-degree murder and 17 counts of attempted murder. Because Cruz plead guilty, there was no trial to determine his guilt, but there is now a trial to determine the punishment for his crimes.

The trial will determine if Cruz, now 23, will be sentenced to life in prison or death.

How Does the Sentencing Trial Work?

The trial process began by selecting 12 jurors and two alternatives. It took three months to choose the seven men and five women for the jury, as reported by NBC Miami.

The jury is responsible for listening to the prosecution’s case and reasons for why Cruz should receive the death penalty, as well as listening to the defense’s case for why Cruz’s life should be spared.

For Cruz to get the death penalty, the jury must unanimously vote for the death penalty in at least one of the counts. 

Because 17 people were murdered, there are 17 counts. It will only take one unanimous vote on one of the counts for Cruz to receive the death penalty. But, if just one juror votes against the death penalty in each count, Cruz will receive a life sentence.

Related: Dealing With the Media During a High-Profile Case: What to Expect

The Defense Presents Its Case

The trial started with the defense laying out their arguments for why Cruz’s life should be spared. On August 22, the defense presented opening statements and began calling witnesses.

The defense team brought in 25 witnesses over eleven days. Witnesses ranged from Cruz’s half-sister who testified that she saw her mother using drugs while pregnant with Cruz to Cruz’s former teachers and principal who discussed behavioral issues that Cruz had as a young child.

The defense tried to make the case that Cruz’s troubled history is what left Cruz physically, mentally, and emotionally unstable.

On September 14, with roughly 40 more witnesses on their list, the defense suddenly rested their case — to the surprise of the judge.

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

Sparks Between the Judge and the Defense

On September 14, Judge Elizabeth Scherer was visibly upset when the defense unexpectedly rested their case just moments before the jury was supposed to walk into the courtroom.

The defense started the day by resting their case without prior notice, which meant prosecutors weren’t ready to present their case and the entire court would need to be dismissed for the day.

Judge Scherer was not pleased with the defense and let them know. She said, “I just want to say this is the most uncalled for, unprofessional way to try the case.”

Melisa McNeill, a member of the defense team, attempted to respond, but she was cut off by Judge Scherer. “You know what, I don’t want to hear it,” Judge Scherer said.

Two days later, the defense filed a motion asking the judge to disqualify herself from the case. The defense argued that Judge Scherer showed animosity toward lead defense attorney Melisa McNeil and that, “Mr. Cruz has a reasonable belief that the rulings of the Court have been influenced by its adverse feelings.”

Judge Scherer denied the motion and will remain on the case.

The Prosecution Begins Their Rebuttal

Now that the defense has rested, prosecutors have started to present evidence rebutting the defense’s case. After a short delay due to Hurricane Ian, the prosecutors are back to challenging the narratives presented by the defense and bringing in their own witnesses.

Once the defense rests, Cruz’s future will be in the hands of the jury.

The jury can choose to sentence him to life in prison or unanimously hand down the death penalty.

Related: What to Ask During a Free Consultation with a Lawyer

Have a Trusted Attorney By Your Side

Court cases can have unexpected challenges, twists, and turns, no matter what side of the courtroom you are on. If you are involved in a legal matter, make sure you have a trusted attorney on your side to guide you through the complicated legal process. If you have a case to discuss, see how TJ Grimaldi can help. Call now or schedule your meeting to see how TJ can be a trusted attorney by your side.

Standing Against Gun Violence

TJ Grimaldi is proud to stand with the victims of gun violence.

TJ is an Executive Director and Board Member of The Oulson Family Foundation which provides funds to help kids get what they need in the wake of being directly or indirectly impacted by gun violence. The organization was 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 also help victims of gun violence.

After more than 25 years of marriage, Sylvester Stallone and his wife Jennifer Flavin are calling it quits. The couple doesn’t appear to have a prenuptial agreement, so what will happen to the $400 million amassed by Stallone? Will it be split 50-50 between the couple?

A 25-Year Marriage Comes to an End

Sylvester Stallone and Jennifer Flavin met more than thirty years ago. The two dated for a few years before finally tying the knot in 1997. The couple spent decades together, in which time they had three daughters (Scarlet, 20, Sistine, 24, and Sophia, 25) and accumulated millions of dollars in assets.

Stallone is expected to be worth roughly $400 million. The couple owns property in California and has a primary residence in Palm Beach, Florida. The 13,241 square-foot mansion is estimated to be worth $35 million.

The couple uses the Florida home as their primary residence, which is why Flavin, just a few months after the couple celebrated their 25th anniversary, filed for divorce in the state of Florida.

Related: How to File for Divorce in Florida 

Stallone’s Wife Files for Divorce in Florida

No one knows exactly what led to the couple’s breakup. (The media has been playing up stories that they broke up over an argument about getting a dog, although Stallone told TMZ the story isn’t true.).

Court documents have offered some insight into the split and ideas about what might happen to Stallone’s $400 million fortune.

It doesn’t appear the couple had a prenuptial agreement. In Florida, a divorce with no prenuptial agreement goes through an equitable distribution of marital assets and liabilities. The equitable distribution of marital assets and liabilities is defined in Florida Statute 61.075.

Under this statute, assets and liability that are considered to be marital are split 50-50 between both parties. But, marital assets and liability are not always split exactly down the middle.

A judge may decide to split assets differently based on multiple factors such as:

• The length of the marriage
• The economic conditions of each spouse
• Each spouse’s contributions to the other’s education or career advancement
• Wrongful conduct during the marriage
• Waste or depletion of assets caused by one party

So, what factors might impact the 50-50 split of assets for Stallone and Flavin?

Related: 9 Questions to Ask a Divorce Attorney Before Hiring Them 

Splitting $400 Million in Assets

It appears that the division of assets in Stallone and Flavin’s divorce may be more complex than a simple 50-50 split.

Flavin’s divorce filings indicate that she may want more than 50%.

Flavin filed court documents that allege that Stallone is hiding and wasting marital assets. Court documents say:

“Upon information and belief, the Husband has engaged in the intentional dissipation, depletion and/or waste of marital assets which has had an adverse economic impact on the marital estate.

Pursuant to Section 61.075, Florida Statues, equity dictates that the Wife be compensated and made whole by receiving an unequal distribution of the marital assets in her favor.

Moreover, the Husband should be enjoined from, selling, transferring, assigning, encumbering, or dissipating any assets during the pendency of proceedings.”

Flavin is asking for more than 50% because she believes Stallone has taken or used assets that belong to both of them. Her request is that she receive more in the divorce to make up for the lost assets.

Flavin also had a few other requests. She asked the judge to prohibit Stallone from moving assets from their shared marital accounts, and she requested exclusive use of the joint family home in Palm Beach, Florida. (According to Insider, Stallone has refused to vacate the home.)

Related: How Long Does It Take to Get a Divorce In Florida?   

What Happens from Here?

Now that the divorce is in the legal system, one of the next steps will be gathering financial information and creating an official list of the couple’s marital liabilities and assets. Because the couple’s children are adults, there likely won’t be any litigation regarding child support or custody.

The couple can choose to go through divorce mediation to determine how they want to split up their assets, or they can let the court system decide it for them.

If the couple can’t agree on how to split assets, the judge can make a ruling — and the ruling may not split assets evenly at 50-50. For example, if the judge finds that Stallone engaged in the waste or depletion of assets, it may mean that Flavin could walk away with more than Stallone.

From here, we will wait and see if the couple decides to divide their assets on their own or require legal intervention.

Related: 6 Ways to Prepare for Divorce Mediation

Get Support for Your Florida Divorce

Going through a divorce and splitting up assets can be messy and complicated. If you are going through a divorce, make sure you have an attorney who can fight to get what is owed to you.

Talk to an experienced divorce attorney like TJ Grimaldi who knows what it takes to successfully guide a divorce through the legal process. Talk to TJ about your case today. Schedule your meeting or call 813-226-1023 now.

Michelle Branch needed a criminal attorney and a divorce attorney for incidents that occurred within a two-day span. What led to an arrest and a divorce in less than 48 hours?

Michelle Branch Arrested for Domestic Assault

On August 11, 2022, police were called to the home of Michelle Branch and her husband, The Black Keys drummer Patrick Carney. The couple, married for three years, lives in an upscale neighborhood in Forest Hills located in Nashville, Tennessee, with their children.

Court documents obtained by US Weekly described the scene.

Branch and Carney had been arguing at another location. The fight continued when they got home. The argument escalated, and Branch reportedly hit Carney in the face “one or two times.” Carney confirmed that Branch hit him. He seemed to suffer no physical injuries as police officers noted that Carney did not have visible injuries.

Branch was arrested on a misdemeanor domestic assault charge and taken into police custody. She was quickly released on the same day on $1,000 bail.

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

Michelle Branch Announces Divorce

On August 12, 2022, shortly after returning home from jail, Branch filed for divorce from Carney.

Branch’s filing cited “irreconcilable differences.”

The same day, Branch tweeted, “Just found out my husband cheated on me … while I was home with our 6-month-old daughter.” The Tweet was later deleted.

Branch and Carney share two children, a four-year-old son and a six-month-old daughter. WKRN reported that Branch is seeking primary custody of the two children in addition to child support.

Related: 6 Ways to Prepare for Divorce Mediation

Court Dismisses Michelle Branch’s Domestic Assault Charges

Branch was arrested in Tennessee, so her case is dictated by Tennessee law. Under Tennessee law, Branch could face fines and jail time for the domestic assault charge. The Class A misdemeanor faces penalties of up to 11 months and 29 days in jail and a $15,000 fine. The Class B misdemeanor faces penalties of up to six months in jail and a $500 fine.

In Florida, domestic violence is defined under statute 741.28 as, “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.”

Under Florida law, domestic charges can lead to penalties such as:

• Probation
• Jail time
• Community service
• Loss of rights such as a concealed carry permit
• Enrollment in Batterer’s Intervention Program (BIP)
• No contact orders

At this time, Branch will face no legal consequences in Tennessee for the charges.

Just two weeks after Branch was arrested on the misdemeanor domestic assault charge, the case was dropped “at the request of the state.” A Nashville judge dismissed the case during an August 2022 hearing.

Related: The Best Criminal Defense Attorneys Have These 7 Qualities

Moving Forward with Divorce Proceedings

With the criminal charges out of the way, Branch can now focus back on her divorce proceedings.

Branch is seeking primary custody of the two children she shares with Carney, in addition to child support. She also requested that Carney pay her attorneys’ fees and other litigation expenses and for her to be named as a beneficiary on Carney’s life insurance.

The couple is reportedly ordered to attend a mandated parenting seminar, and Branch is seeking an agreed permanent parenting plan from the court.

As the divorce moves forward, the couple will need to work out details related to:

• Distribution of financial assets
• Distribution of property
• Distribution of debts
• Child support payments
• Alimony payments
• Child custody and parenting time

Related: How to Prepare for the First Meeting with a Divorce Attorney

Get Legal Representation You Can Trust

Within two days, Branch found herself needing both a divorce attorney and a criminal defense attorney. While her criminal case has been dismissed, she will now need to work through her divorce in the public eye. She’ll need a trusted attorney to guide her through the process.

Having an attorney you can trust is essential whether or not you are going through a legal matter in the public. If you find yourself needing assistance in either a civil or criminal matter, find an attorney who will fight for you.

Do you have a divorce or criminal case to discuss today? Request your free consultation with experienced attorney, TJ Grimaldi. Schedule your consultation or call 813-226-1023 today.

Gabby Petito’s parents can’t get criminal justice for their daughter. The man who admitted to murdering their daughter killed himself just weeks after Petito’s body was found. But, that hasn’t stopped Petito’s parents from seeking justice.

Petito’s parents recently filed a wrongful death lawsuit against Utah police for $50 million.

Why are Petito’s parents seeking justice in civil court, and do they have a case?

The Gabby Petito Criminal Case

In early September 2021, Gabby Petito, became national news when she went missing while on a months-long cross-country road trip with her fiance, Brian Laundrie. Laundrie returned to their home state of Florida without Petito and claimed he didn’t know where she was.

A few weeks later, Petito’s body was found at Bridger-Teton National Forest in Wyoming. Investigators said she was dead for at least three weeks and that her cause of death was homicide by manual strangulation.

Police had a suspect — Petito’s fiance, Brian Laundrie — but he was nowhere to be found.

After a lengthy search, Laundrie’s body was finally found in October 2021. Laundrie had died from a self-inflicted gunshot wound in Florida’s Carlton Reserve. Near his body were journals in which he wrote that he had killed Petito.

Petito’s parents had proof Laundrie killed their daughter, but they had no way to seek justice in criminal courts since Laundrie had died.

Now, they are fighting for justice in civil court.

Related: What’s the Difference Between a Civil and Criminal Case? 

The Gabby Petito Civil Case Against Utah Police

On August 8, 2022, Petito’s family sued for wrongful death. They filed a $50 million civil lawsuit against Utah police.

According to NBC News, the notice of intent was filed against Moab City Police Department, its then-Chief Bret Edge, ex–Assistant Chief Braydon Palmer, and Officers Eric Pratt and Daniel Robbins.

The lawsuit says Utah police failed to properly investigate a domestic violence incident involving Petito and Laundrie on August 12, 2021, about a month before Petito went missing.

On that day, police received a call about a domestic disturbance involving two people in a van. The caller said they saw “the gentleman slapping the girl” before the couple left in the van. Police found the van and pulled it over after an officer saw the vehicle cross the double yellow line and strike a curb. Body cam footage shows the police encounter.

Petito’s family believes police mishandled the situation and could have saved their daughter’s life if they had acted differently.

Related: Examples of Wrongful Death Cases Worth Fighting For

Why The $50 Million Civil Suit Against Utah Police?

The wrongful death lawsuit alleges that police didn’t have the proper training and ability to classify the incident involving Petito and Laundrie, and if they had, they would have seen that Petito was in danger.

In body cam footage, Petito is visibly distraught. She told police she slapped Laundrie and then he grabbed her face. Yet, police failed to ask Laundrie about a scratch on Petito’s cheek, and no statement was taken from the caller who reportedly saw Laundrie strike Petito.

Lawyers representing Petito’s family also say they have a photo that hasn’t been released to the public that shows a close-up of Petitor’s face where “blood is smeared on her cheek and left eye.”

The family believes the evidence should have been enough for police to classify the incident as a domestic violence situation and recognize that Petito was in danger.

“The officers did not question Brian about the inconsistencies in his version of events. Instead, they determined that Gabby was the primary aggressor and that Brian was a potential victim of domestic violence,” the lawsuit says. Laundrie also told police he took Petito’s phone because he didn’t have one, and then he can be seen taking out his phone later while talking to police.

At the time, neither Petito nor Laundrie said they wanted to press charges. No charges were filed, and the police told the couple to separate for the night. Police classified the case as disorderly conduct, not domestic abuse.

Related: Dealing With the Media During a High-Profile Case: What to Expect

The Wrong Classification

Classifying the case as disorderly conduct instead of domestic abuse is the primary reason for the Petito family lawsuit.

If the incident had been categorized as domestic violence, it would have required officers to issue a citation or make an arrest. Police would have had to send their report to prosecutors. But, this didn’t happen. An officer wrote in a report, it appeared the incident was “more accurately categorized as a mental/emotional health ‘break’ than a domestic assault.”

The Petitos aren’t alone in their opinion that the case was handled improperly. A report conducted by Capt. Brandon Ratcliffe of the Price City Police Department in Utah found that the officers misclassified the incident, according to NBC News.

It also seems that officers were unsure of what to do that day. One of the officers called Assistant Chief Palmer for assistance during the stop. The officer was told to read the statute carefully and make a decision.

Now, the court will decide whether or not Utah police are partially at fault for what happened to Petito. James McConkie, one of the attorneys retained in the case said, “Failure to follow the law can have deadly consequence, as it did in this case.”

(The Petitos have another pending civil case against Laundrie’s parents. It alleges that the Laundries hindered the police investigation into Petito’s disappearance.)

Related: Can Brian Laundrie’s Parents Get Into Legal Trouble in the Gabby Petito Case?

How to Seek Justice for a Love One

Petito’s parents are exercising their right to fight for justice for their daughter.

If you believe someone you love has experienced death or injury due to the negligence of another party, talk to a wrongful death attorney today. Explore your options for seeking justice. Talk to TJ Grimaldi about your case to see what you can do. Schedule your consultation or call 813-226-1023 today.

One day after Betty Jo McClain Thomas had her fax machine serviced, the repairman returned. He wasn’t there on behalf of his employer Charter Communications, but he was driving his work truck.

Thomas let the repairman in, and he killed her.

Now, her family and the jury in the case want the cable company to pay for the horrible incident — to the sum of $7 billion.

What mistakes did the cable company make to lead to such a large payout?

A Criminal Conviction in the Murder of Betty Thomas

In December 2019, Betty Jo McClain Thomas was having trouble with her fax machine. She called Spectrum, which is owned by Charter Communications, to send a technician to her home in Dallas, Texas. A technician came to her home and seemed to have fixed the problem, but he showed up again the next day.

The technician, Roy James Holden Jr, was not on the clock, but he was driving his work vehicle. Thomas let him in the house. Holden then robbed and murdered the 83-year-old grandmother.

The details of Thomas’s death are not disputed.

As reported by USA Today, Thomas’s family went to check on her after she failed to show up to a Christmas and birthday dinner. They found her dead on the living room floor. Her Ring camera showed a Spectrum repairman as the last person to enter her home.

Holden pled guilty to the murder of Thomas and was sentenced to life in prison.

But, the family wanted more justice for Thomas. They didn’t want her case to be settled through the criminal courts alone, so they sued Charter in civil court.

Related: What’s the Difference Between a Civil and Criminal Case? 

A Civil Case in the Murder of Betty Thomas

Thomas’s family sued for wrongful death in a civil case against Charter. They believe that Charter could have prevented Thomas’s death and allege that Charter’s negligence is what led to Thomas’s murder.

The family says Charter had multiple reasons to have stopped sending Holden on field calls. In fact, they believe Holden never should have been hired in the first place.

According to the family, Charter admitted that they didn’t verify Holden’s past employment. If they had checked into his references, they would have learned that he lied and Holden would have not been hired.

Court records also show that Holden had received multiple disciplinary actions from Charter. The actions were a result of taking pictures of the driver’s licenses and credit cards of two elderly female customers. Charter also had records that showed signs of Holden’s instability. He asked his manager for money and had requested mental health intervention from Charter’s employee assistance program.

The civil case went to trial, and the jury decided to hold Charter accountable in the case. In June 2022, the jury awarded $337.5 million in compensatory damages to Thomas’s family, and they didn’t stop there.

Related: Examples of Wrongful Death Cases Worth Fighting For

What Led to $7 Billion in Punitive Damages?

A few months after the jury awarded $337.5 million in compensatory damages, they awarded an additional $7 billion in punitive damages.

The murder took place in Texas and is being litigated under Texas law. In Texas, punitive damages are also known as exemplary damages, and they are defined by Texas Civil Practice and Remedies Code §40.011(5). Punitive damages are often intended to penalize or punish the party at fault in a civil suit. They may be used as a deterrent to prevent future bad behavior.

The high award could be a reaction to some of the dubious behavior committed by Charter that was exposed during the trial.

Details emerged that Charter sent an overdue bill for $58.94 to Thomas to charge for Holden’s service call. The bill was then sent to a collection agency, according to USA Today.

Attorneys representing Thomas’s family also showed evidence that Charter tried to force the family into arbitration. They tried to prove that Thomas had agreed to terms of service which included an arbitration agreement. But their evidence was disproved.

They claimed Thomas checked a box online agreeing to the terms, but it was proven that she paid her bill online. They also claimed Thomas signed a work order agreeing to the terms, but it was proven to be a forged document.

If the family would have been forced into arbitration, the settlement would have been the equivalent of Thomas’s final bill, which was about $200.

Charter plans to appeal the verdict.

Related: Types of Personal Injury Cases: Do You Have a Claim?

Get Justice for Your Loved Ones

If the negligence of a company or person caused harm to one of your loved ones, you can hold the at-fault party accountable. Talk to a wrongful death attorney about how you can seek justice for your loved one. TJ Grimaldi is ready to fight for you and your family.

Schedule a call today to discuss your personal injury or wrongful death case and see how TJ can help. Talk directly with TJ. Call 813-226-1023 or request your consultation today.