It was a tragedy that could have been prevented. A two-year-old had access to a gun. He found it and accidentally fired it at his dad, killing him. Now, the mother of the child is facing criminal charges and will face the consequences of the terrible accident.

How Did a Two-Year-Old Shoot His Father?

Reggie Mabry, 26, and Marie Ayala, 28, lived in an Orlando home with their three young children. One afternoon, Mabry was playing video games in the same room as two of his sons — and a loaded gun.

A shot went off and hit Mabry. Ayala called the police and began performing CPR on Mabry. First responders arrived, but it was too late. Mabry was taken to the hospital where he was pronounced dead.

At first, investigators thought the shooting was suicide. Then, one of the boys in the room told his mom and authorities what happened. The five-year-old didn’t know how the younger boy got a hold of the weapon, but he said the two-year-old had found the gun and shot it, as reported by the Tampa Bay Times.

At this point, the responsibility for the shooting fell onto the mother.

Why Was the Mother Charged?

Ayala was charged with manslaughter by culpable negligence, among other charges. Authorities say she was responsible for the child having access to the gun, which made her responsible for the shooting and death of Mabry.

Orange County Sheriff John Mina said, “The gun was not properly stored. In fact, it was easily accessible, even to a two-year-old, and the result is a tragedy that no one in this community can really comprehend.”

It turned out that there should never have been a gun in the house in the first place. Both Mabry and Ayala are convicted felons and were not legally allowed to possess a gun.

Related: Misdemeanor vs Felony: What’s the Difference? 

What Is Manslaughter?

In addition to the manslaughter by culpable negligence charge, Ayala also faces charges for possession of a firearm by a convicted felon, possession of ammunition by a convicted felon, and violation of probation. In the past, both Ayala and Mabry had been on probation for child neglect and narcotics possession.

A manslaughter charge is a step below a murder charge, but it is very serious. In Florida, manslaughter by culpable negligence is a second-degree felony.

Manslaughter is defined under Florida Statute 782.07. It’s different from a murder charge because there is no intent to kill. In manslaughter cases, the defendant did one or more of the following.

• Intentionally completed an act that led to the death of another person.
• Persuaded or encouraged another person to complete an act that led to that person’s death.
• Was culpably negligent which led to the death of another person.

It is not entirely unusual for a parent to be held liable for the action of their children.

In December 2021, the parents of 15-year-old Ethan Crumbley were charged with four counts of involuntary manslaughter after they bought their son a gun which he took to school and used to injure seven people and kill four more. His parents each face four counts of involuntary manslaughter, one for each person killed by their son.

Related: How Much Jail Time Could Parents of Oxford School Shooter Get?   

What Consequences Does the Mother Face?

In Florida, the consequence for manslaughter by culpable negligence is up to 15 years in prison, 15 years of probation, and a $10,000 fine.

Ayala faces these penalties, as well the penalties from the other charges: possession of a firearm by a convicted felon, possession of ammunition by a convicted felon, and violation of probation.

Possession of a firearm by a convicted felon alone can result in up to 15 years in prison, a $10,000 fine, and up to 15 years of probation.

In some situations, a criminal manslaughter case can also lead to a civil wrongful death case. Families of those killed can file a civil case against the party whose negligence led to the death of their loved one. At this time, a wrongful death case seems unlikely since the man who died was married to the woman being held liable for his death.

In the end, it’s a terrible tragedy that will impact the lives of the entire family, and it could have easily been prevented.

Related: How Do You Sue for Wrongful Death? 

Protect Your Family and Yourself

Serious criminal charges can impact you and your entire family. If you or someone you love is facing criminal charges, talk to a criminal defense attorney right away. If you have a case to discuss, contact the office of TJ Grimaldi today.

Talk to TJ directly about the details of your case. Schedule your free consultation or call 813-226-1023.

An Alabama Department of Public Health employee was trying to do her job. Following up on a report of a dog attack, the official went to talk to the owner of the dogs. But, the employee didn’t get a chance to talk to the owner or file her report. She was killed by the dogs she was there to investigate

Now the owner of the dogs faces manslaughter charges. How do Alabama and Florida laws handle a tragic situation like this, and what potential consequences will the owner of the dogs face?

A Dog Attack While Investigating a Dog Attack

Jacqueline Summer Beard, a 58-year-old environmental supervisor and Alabama Department of Public Health employee, had a job to do. Beard was following up on a case where a woman was attacked by a pack of dogs in northwestern Alabama. The dogs bit the woman and caused her to be hospitalized.

Beard’s job was to talk to the owner of the dog and investigate the attack. The health department follows up on animal bites to look for potential rabies risks. But, Beard didn’t get a chance to talk to the owner. Instead, she was attacked by the dogs and killed.

Authorities arrived on the scene after nearby residents called to report a suspicious vehicle. When police arrived, the dogs began attacking people on the scene. At least one dog was immediately euthanized. At that time, police found Beard’s vehicle and her body inside.

Beard had been trying to contact Brandy Dowdy, 39, the owner of the dogs. Beard never made contact with Dowdy. Now, Dowdy faces manslaughter charges for what happened to Beard.

The Dogs’ Owner Faces Criminal Charges in Alabama

Alabama has specific legislation that relates to dog attacks. The Dangerous Dog Law, often referred to as Emily’s Law, was created after Emily Colvin was killed outside of her home by a pack of dogs in Jackson County in 2017.

According to CBS News, Emily’s Law calls for felony and misdemeanor charges for dog attacks. An owner is said to be responsible if their animal attacks, injures, or kills a person. The consequences are more severe if the animal had previously been deemed dangerous.

AL.com reported:

“If a dog that has been previously declared dangerous kills or seriously injures a person, the owner could be charged with a Class B felony, punishable by 2 to 20 years in prison.

If a dog that has not been previously declared dangerous kills or seriously injures a person, and the owner knew the dog had a propensity to be dangerous and recklessly disregarded that, the owner could be charged with a Class C felony, punishable by 1 to 10 years.”

It’s not clear whether Dowdy’s dogs, seven in total, had been previously declared dangerous, but her criminal charges mean she may face from one to twenty years in prison.

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

Will the Dogs’ Owner Also Face Civil Charges?

At this time, the dog owner faces criminal charges from the state of Alabama. The owner may also face civil charges in the future.

Beard’s family may choose to sue for wrongful death. In that case, the family would sue Dowdy in civil court and attempt to seek damages. To prove fault in a personal injury or wrongful death case, the family would need to prove that the death was caused by the negligence of the owner.

At this time, no civil charges have been filed.

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

What Are the Laws Regarding Dog Attacks in Florida?

In Florida, dangerous dog attacks are defined in Florida Statutes Chapter 767. Owners can be held liable for any injury their dog inflicts on a person, domestic animal, or livestock. There are some exceptions, such as if a victim’s negligence led to the attack or if there were signs present on private property warning people of the dog’s presence.

Like Alabama, Florida also has specific guidelines for dealing with incidents with dangerous dogs. A dog is deemed dangerous if it has:

“(a) Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property;

(b) Has more than once severely injured or killed a domestic animal while off the owner’s property; or

(c) Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the appropriate authority.”

If a dog has been declared dangerous, the owner can face more severe charges if the dog attacks and causes injury or death. The owner could be charged with a third-degree felony and face up to five years in jail.

In Florida, a victim or their family can also pursue a civil case if they are involved in a dog attack. They can sue for wrongful death or personal injury.

Talk to a Personal Injury Attorney About Animal Attacks

If you or someone you know has been involved in an animal attack, you deserve justice. Whether or not the owner of the dog has been criminally charged, you may have an option to pursue civil charges. Talk to a personal injury attorney or a wrongful death attorney to share the details of your story and see if you have a case.

Talk to an attorney right away. Schedule your call with personal injury attorney, TJ Grimaldi. Schedule your free consultation or call 813-226-1023.

When police in Santa Rosa, Florida, finally caught a burglar who had broken into multiple homes, they saw he had a gunshot wound. The County Sheriff seemed to salute the shooter and encourage others to shoot at anyone who breaks into their property. Is this good advice?

Florida Sheriff Praises Person Who Shot Home Burglar

On a Wednesday night in April, a neighborhood in Pace, Florida, had a flood of break-ins. Multiple residents called to report that someone had broken into their houses. When police showed up, they pursued the culprit as he ran away, jumping over fences and continuing to break into houses.

When they finally caught the 32-year-old suspect, he was wounded. He was shot, but not by a police officer. A homeowner had shot him presumably while the burglar was on their property. No one claimed responsibility for the shooting, and the burglar was arrested.

It seems that Santa Rosa County Sheriff, Bob Johnson approved of the shooting, according to statements he made at a press conference.

As reported by the Tampa Bay Times, Sheriff Johnson commended the shooter, saying he or she should attend a gun safety course to “learn to shoot a lot better” and “save the taxpayers money.”

“If someone is breaking into your house, you’re more than welcome to shoot at them in Santa Rosa County. We’d prefer that you do actually,” he said.

The sheriff also encouraged other residents to take action if they find someone breaking into their house. He invited people to take the sheriff’s office gun safety course offered every other Saturday, adding, “If you take that, you’ll shoot a lot better, and hopefully, you’ll save the taxpayers money.”

It begs the question: is it legal to shoot someone who breaks into your house, whether or not the local sheriff told you to?

Related: The Best Criminal Defense Attorneys Have These 7 Qualities

What Happens if You Shoot a Burglar on Your Property in Florida?

In the burglar shooting, it appears that no homeowner wanted to admit that they shot the culprit. Even after the sheriff’s encouraging words, no one came forward to take responsibility. It seems that whoever shot the burglar didn’t want to face any potential attention or consequences for their actions.

Without knowing the full details of what happened, we can’t know if what the shooter did would leave them in legal trouble. But, we can look at Florida laws to see what laws relate to the incident.

Florida Statute 776.031 outlines the use or threatened use of force in defense of property. It says a person is not permitted to use deadly force to prevent trespass. But, it also says a person is justified in “using or threatening to use deadly force only if he or she reasonably believes that such conduct is necessary to prevent the imminent commission of a forcible felony.”

According to this part of Florida law, it may be lawful to shoot someone if they break into your property and you believe they are going to commit a felony.

Another Florida law also relates to the situation.

Under Florida’s “Stand Your Ground” law, individuals can use deadly force as a means to protect themselves without first retreating from the threat. Florida Statute 776.012 says, “The use of deadly force is justifiable when a person is resisting any attempt to murder such person or to commit any felony upon him or her or upon or in any dwelling house in which such person shall be.”

According to this part of Florida law, it may be lawful to shoot someone if they break into your property and you believe they are going to murder you or someone else.

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

So, Is It Legal to Shoot an Intruder?

While Santa Rosa County Sheriff Johnson may have encouraged homeowners to shoot people on their property, it may not be as cut and dry as he made it sound.

If a person is in their home and feels that they have a reasonable fear of imminent death, danger, or bodily harm from an intruder or if they believe the intruder is about to commit a felony, the homeowner may be able to shoot and kill a person and not face any legal consequences.

But, it isn’t always a sure thing.

If you shoot someone, you would need to prove that you thought the intruder was going to commit a felony or harm you. Also, if you shoot an intruder in the back, you may not be able to use the “Stand Your Ground” law.

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

Work with a Criminal Defense

Even if you shoot someone in self defense, you should still talk to a criminal defense attorney. Cases are rarely as cut and dry as they seem. An experienced attorney can protect your rights and ensure that you get the most fair and just outcome possible.

For criminal defense legal support, schedule a time to talk to TJ Grimaldi today. Schedule your free consultation or call 813-226-1023.

Celebrity divorces can be complicated. When two stars begin breaking up their assets and airing their grievances in front of a huge public audience, it can get messy. In the case of Johnny Depp and Amber Heard, it can get messy and expensive.

Depp is suing Heard for $50 million. What led to this case, and what needs to happen for Depp to win?

What Led Up to The Lawsuit?

Johnny Depp and Amber Heard were married in February 2015 and confirmed that they were breaking up in May 2016.

During their breakup, there was a lot of public speculation about the troubled nature of their relationship. There were multiple stories about alleged abuse — one included a broken bottle and Depp losing a piece of his finger. Shortly after filing for divorce, Heard was granted a protective order when she alleged that Depp hit her in the face with a cellphone.

Two years later, in 2018, Heard wrote an essay for The Washington Post detailing her experience with domestic abuse.

She referred to herself as a, “public figure representing domestic abuse.” Heard’s attorneys say she wrote the essay to highlight legislation to protect domestic abuse survivors. She never mentioned Depp’s name, but due to the publicity around the alleged abuse in their marriage, many assumed the article was about Depp.

The article led to Depp’s $50 million libel lawsuit against Heard and then Heard’s $100 countersuit against Depp.

Why Is Johnny Depp Suing Amber Heard?

Depp says the article ruined his reputation and made it difficult for him to get work. Depp says he was dropped from Disney’s Pirates of the Caribbean franchise four days after the op-ed was published. He says he was also later removed from the Fantastic Beasts franchise.

Depp filed the defamation lawsuit in Fairfax County, Virginia. The case is being heard in this location because The Washington Post’s online editions are published through servers in that county.

This case isn’t the first lawsuit that Depp has filed in response to allegations against him. Depp sued Heard for libel in the United Kingdom two years again. The case failed.

He also sued News Group Newspapers, which publishes The Sun, after they published an article calling him a “wife beater” in a 2018. The judge ruled against Depp. They said the paper had presented substantial evidence to show that Depp was violent against Heard on at least 14 occasions.

Depp’s latest libel case against Heard began this week with opening statements and witness testimony, including testimony from Depp.

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

What Is Libel?

Libel is a type of defamation. Defamation is defined as someone making a false statement about someone’s character to a third party. It is considered libel when the statement is made through writing, such as published in a newspaper, blog, social media, etc. It is considered slander when the statement is made through oral statements.

In Depp’s case, he is alleging defamation through libel because Heard published statements about him in a newspaper.

To win a defamation case, the plaintiff must show:

• There were false statements made by the defendant.
• The false statements were shared publicly.
• Damage or harm was caused to the plaintiff as a result of the statements.

In this civil case, Depp must show that Heard’s statements were false, the statements were shared with the public, and the statements caused him financial damage.

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

What Happened During the Trial So Far?

The trial started with opening statements. Heard’s attorneys said Depp is seeking revenge. He is abusing alcohol and other substances, and his abuse against Heard was physical, emotional and psychological.

Depp’s legal team is bringing on witnesses to show the other side of these statements. Entertainment Tonight reports witnesses that include: Depp’s sister and personal manager, Christi Dembrowski; Depp’s longtime friend and neighbor, Isaac Baruch; Heard’s former personal assistant, Kate James; Depp’s personal doctor, Dr. David Kipper; and Depp’s nurse, Debbie Lloyd.

The couple’s therapist, Laurel Anderson, also shared video testimony saying the abuse appeared to be “mutual,” but that Heard seemed to fight back as a defense and that Heard showed her bruises in a private session.

Depp took the stand for three hours of testimony in which he said the allegations against him are “not based in any species of truth.”

The trial will continue, and Heard is expected to take the stand in the coming days.

Find an Attorney You Can Trust

In any type of legal battle, you need an attorney you can trust. If you are facing legal challenges, talk to an attorney about how they can best represent your interests and guide you toward the best possible outcome.

If you are facing a civil or criminal case, talk to experienced attorney, TJ Grimaldi. Request your consultation or call 813-226-1023 to schedule your call with TJ today.

While coming around the track in first place, the last thing high school student Nathan Carter expected was to get punched. But, that’s what happened at a high school track meet last week.

Carter was knocked to the ground and out of first place. So now, we are asking who — if anyone — is going to face consequences for a teen getting punched in what should be a safe space for high school competition?

What Happened on the Track?

Carter was leading in a 1,600-meter race at the Tohopekaliga Tiger Invitational in Kissimmee, Florida, when he found the track partially blocked by another student who was not involved in the race. According to reports of the incident, Carter first passed the student and told him to move. During the next lap, Carter bumped or pushed the student out of the way as he passed.

On Carter’s next lap around the track, the student on the sidelines ran up to him and punched him in the back of the head, knocking him to the ground. The punch was captured on camera, and you can clearly see the student run up to Carter and hit him from behind.

It was later reported that Carter suffered a concussion from the punch.

What Didn’t Happen on the Track?

Police were called to the scene, but no criminal charges were filed that day.

The Osceola County Sheriff’s Department (OCSD) said that neither family wanted to press charges, according to a report by TMZ. At the time, the Florida High School Athletic Association and Orange County Public Schools said they were reviewing the situation for potential disciplinary actions.

But now, Carter’s family says they were misled and that’s why they did not initially press charges.

Legal representation for the Carter family says they did not initially press charges because police told them their son would also be arrested and charged with battery for pushing the student who hit him. Now that they know their options, the family may take action against both the boy who hit Carter and the officials running the event.

“If this event hired proper officials to help run this track meet, they could have prevented this,” says the Carter family attorney.

“They could have prevented the CC athlete from standing on the track during the first turn. Or they could have moved the CC athlete after the first lap incident. Or they could have moved the CC athlete before the second lap incident. Or they could have stopped the CC athlete before he chased [my client] down and sucker-punched him. They had many opportunities to prevent this and failed to do so.”

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

What Charges Could Be Filed?

The Carter family could proceed with both criminal and/or civil charges.

Criminal Battery Charges

Criminal charges could be filed against the boy who hit Carter. Under Florida law, striking a person and causing them harm is considered battery. Battery is defined under Florida Statute 784.03. It can be classified as a misdemeanor or a felony.

Misdemeanor battery can come with penalties of:

• Up to one year in jail
• Up to one year on probation
• Up to $1,000 in fines

Felony battery is a more severe charge and often used if the incident led to lasting physical harm to the victim. It can come with penalties of:

• Up to five years in jail
• Up to five years on probation
• Up to $5,000 in fines

The incident is on tape so the Carters have proof that the student punched Carter. Carter sustained a concussion so it meets the standard of misdemeanor battery.

Civil Personal Injury Charges

Civil charges could also be filed against the boy who hit Carter. In Florida, you can sue for personal injury if someone’s negligence or recklessness causes injury and damages. Since Carter sustained a concussion from the punch, his legal team could sue for personal injury to collect funds to pay for financial losses (such as medical bills) and/or special compensation damages (such as loss of income, cost of altered plans, and emotional trauma).

The Carter family could also seek personal injury compensation from the organizers of the event. They could argue that event organizers failed to live up to their responsibility to provide a safe environment and that their negligence led to Carter’s injury and damages.

Criminal Assault Charges

The boy who hit Carter could also pursue legal action. Since Carter tried to physically push the boy off the track, a legal team could argue that Carter engaged in simple assault. Assault is defined under Florida Statute 784.011 as an “intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.” It would be more difficult to prove than Carter’s case, but it could happen.

At the time of writing this article, neither family has officially pursued legal action.

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

Get Representation for a Criminal or Civil Case

Being involved in a criminal or civil legal action is serious. Make sure you have an attorney by your side who can guide you through the process and help you get the best possible outcome. If you have pending legal charges against you, don’t delay. Talk to an experienced attorney today.

Request your consultation with TJ Grimaldi or call 813-226-1023 today to schedule your intro meeting.