For the first time in history, a former President of the United States has been found liable for sexual abuse and defamation. What does the verdict mean for Donald J. Trump, and what led to the case and the jury’s decision?

What Was the Case About?

In 2019, E. Jean Carroll, a journalist, author, and popular columnist, publicly stated that Donald J. Trump raped her in the mid-1990s. Caroll detailed the account in her memoir, What Do We Need Men For?: A Modest Proposal. Parts of the story were also included in an article for New York magazine.

In response to the release of the story, Trump made disparaging comments about Carroll. He said, “I’ve never met this person in my life.” He also called Caroll a “liar” and said, “She is trying to sell a new book — that should indicate her motivation. It should be sold in the fiction section.”

In November 2022, Caroll took her story to court.

Caroll filed a civil suit in New York, alleging that Trump raped her and then defamed her after she came out with her story. Carroll was able to file the assault case in civil court despite the statute of limitation due to a new law called the New York State Adult Survivors Act. The law allows litigation for sexual assault allegations that took place even decades ago.

“I’m here because Donald Trump raped me, and when I wrote about it, he said it didn’t happen,” Carroll testified during the trial. “He lied and shattered my reputation, and I’m here to try to get my life back.”

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

What Was the Outcome of the Case?

The case was heard in front of a nine-person jury in New York state.

During the trial, Caroll took the stand to share her experience. Her legal team called ten others to testify which included two women who testified that Trump also sexually assaulted them.

While Trump has denied any wrongdoing, his legal team did not present a defense in the case. They called no witnesses, and Trump did not attend the trial. Trump’s team asked for a mistrial, but it was not granted by the judge.

The two-week trial ended with a jury of six men and three women determining that Trump was liable for sexually abusing and defaming Carroll.

The jury said there was enough evidence to believe that Trump sexually abused Carroll, but they did not find enough evidence to say that Trump raped her. 

As reported by CNN, a person is liable for sexual abuse when they subject another person to sexual contact without consent. Under New York law, “sexual contact” means “any touching of the sexual or other intimate parts of a person for the purpose of gratifying the sexual desire of either party.”

The jury also said Trump defamed Carroll when he denied her story. 

As reported by NPR, the jury found that Trump had acted “maliciously, out of hatred, ill will, spite or wanton, reckless, or willful disregard of the rights of another.”

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

What Are the Consequences?

The jury awarded Carroll a total of $5 million.

In finding Trump liable for battery, the jury awarded Carroll $2 million in compensatory damages and an additional $20,000 in punitive damages.

In finding Trump liable for defamation, the jury awarded Carroll $2.7 million in compensatory damages and an additional $280,000 for punitive damages.

Because the case was a civil case, Trump will face no jail time.

The verdict does not impact Trump’s presidential race. He can continue his bid for the presidency.

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

What Will Happen Next?

Trump continues to say he has done nothing wrong, and his legal team filed an appeal the day the verdict was announced.

One day after the jury found Trump guilty of defaming Carroll, Trump again spoke publicly about Carroll during a televised town hall on CNN calling, her a “wack job.”

According to the New York Times, Carroll’s attorney Roberta A. Kaplan said she is considering filing a new defamation lawsuit against Trump as he continues to speak publicly about Carroll.

Get Trusted Legal Advice

Whether you are bringing a case against a person or company or you are facing civil or criminal charges, seek legal advice right away. Don’t enter into a legal matter without a trusted attorney by your side. Work with a partner who can help you understand the complexities of the law and guide you to the best possible outcome for your case.

Review your case today. Request a consultation with attorney TJ Grimaldi. Request your free consultation by contacting our office or calling 813-226-1023 today.

Photo via Jefferson County, CO Sheriff’s Office

One evening ruined the lives of four young people. The reckless actions of three teenage boys led to the death of a 20-year-old young woman. Now the three teens face serious consequences for their actions.

What did they do to get charged with murder, and how might their lives change forever?

Reckless Actions Lead to a Death

On April 19, three 18-year-olds drove around Arvada, Colorado in a black 2016 Chevrolet Silverado pickup truck, causing danger and damage. Joseph Koenig, Nicholas Karol-Chik, and Zachary Kwak, all high school seniors at separate schools, were in the vehicle.

As they drove around, the teens threw large landscaping rocks at passing vehicles. The rocks weighed between three to five pounds each, as reported by NBC News.

After hitting six other vehicles, the teen’s car approached the car of 20-year-old Alexa Bartell at around 10:45 p.m.

As Bartell passed the teen’s vehicle, they threw a rock at her. The rock crashed through the window, hitting Bartell.

Bartell had been on the phone with a friend when the rock hit her car. When she went silent, the friend tracked Bartell’s phone and drove to the location. There, she found her friend off the roadway in a field dead.

Reckless Actions Lead to First-Degree Murders Charges

Less than a week after the accident, the three teens were arrested and charged with first-degree murder with extreme indifference.

Tips from the public and cell phone data helped identify the three teenagers as the culprits.

After the arrest, Karol-Chik reportedly told police that all three teens threw rocks at cars. He said Kwak threw the rock that hit Bartell and that the boys turned around and took a photo of her car. Kwak reportedly said the teens agreed to never speak of the incident again, according to reporting by ABC News.

The three teens now face serious consequences for their reckless actions.

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

What’s First-Degree Murder With Extreme Indifference?

All three of the teens are charged with first-degree murder with extreme indifference.

First-degree murder is the most serious form of homicide in Colorado. It is defined as a homicide that is intentional, malicious, and deliberate.

The punishment for first-degree murder in Colorado is, at a minimum, life in prison. The maximum punishment for first-degree murder is the death penalty.

The first-degree murder charge includes a charge of extreme indifference. 

Murder in the first degree with extreme indifference is defined in Colorado statute 3-1:05 as the crime of murder “under circumstances evidencing an attitude of universal malice manifesting extreme indifference to the value of human life generally, knowingly, engaged in conduct which created a grave risk of death to a person or persons other than himself, and thereby caused the death of another.”

The indifference charge is used in cases where a defendant is accused of intending harm with no specific victim.

One example of the use of the indifference charge is in 2012 Colorado movie theater shooting. In 2015, James E. Holmes was found guilty on charges of first-degree murder with indifference. Holmes committed an act to kill with no intended victim when he walked into a movie theater and opened fire.

The teens are accused of taking action to cause harm with no intended victim.

Possibility of a Wrongful Death Lawsuit

The teens will face criminal charges in court and a possibility of a wrongful death civil suit.

Bartell’s family could sue the teens for wrongful death. To sue for wrongful death, a plaintiff must prove that the defendant acted negligently and that their actions caused a death.

At this time, the family has not said if they will pursue civil charges. According to the sheriff’s spokesperson Jacki Kelley, the family is just grateful the individuals responsible are being held accountable.

Related: Examples of Wrongful Death Cases Worth Fighting For

Get Expert Legal Advice

If you or a loved one are involved in a civil or criminal legal matter, ensure you have a trusted attorney by your side. Get expert legal advice to guide you through the complexities of the legal system and ensure that you get the most fair and just outcome.

If you have a legal case to discuss, contact attorney TJ Grimaldi. Request your free consultation by contacting our office or calling 813-226-1023 today.

A teenage boy made a mistake while picking up his siblings. He rang the wrong doorbell. The mistake left him with two bullet wounds after the homeowner saw him at the door and shot.

The teen will survive his injuries, but what will happen to the man who shot him for ringing the wrong doorbell?

Ringing the Wrong Doorbell

Raphael Yarl’s younger siblings were at a friend’s house on April 13, 2023. Yarl’s mother told him to go pick them up at 115th Terrace, a street in the northern part of Kansas City, Missouri.

But 16-year-old Yarl made a mistake. He went to 115th Street instead of 115th Terrace.

According to Yarl’s aunt and lawyers, Yarl parked in the driveway, walked up to the door, and rang the doorbell. It was shortly before 10 p.m. The homeowner, 84-year-old Andrew D. Lester came to the door. No words were exchanged. Lester opened the main door and used a .32-caliber Smith & Wesson revolver to shoot at Yarl through the storm door, hitting him twice, once in the head and once in the arm.

Yarl’s aunt, Faith Spoonmore shared Yarl’s side of the story, as reported by NPR. “The man inside opened up the door and shot him in the head through the glass door. When Raphael was on the ground, he shot him again,” she said.

The 16-year-old high school junior got up and ran to a neighbor’s house for help. He was taken to a hospital, where he received care and was released three days later.

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

Why Did the Homeowner Shoot?

Lester called 911 after the incident. He was taken into custody and brought in for questioning.

According to a police statement, Lester said he shot at Yarl because he was afraid. He thought his house was being broken into. He saw a tall man at the door and claimed Yarl was pulling at the storm door handle.

Yarl said he didn’t attempt to open the door, and it appears that he never crossed the threshold of the door.

Lester was released from custody without charges. Missouri law requires that a suspect must be charged within 24 hours or else be released. Police said Lester was released because he was cooperating and not considered a flight risk.

But the case did not end there.

Four days after the shooting, charges were filed. Clay County prosecutor Zachary Thompson determined that Lester’s actions were criminal and charged him with first-degree assault and armed criminal action, as reported by the New York Times.

The shooting took place in Missouri and will follow Missouri law. In Missouri, armed criminal action carries a maximum penalty of 15 years in prison.

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

Will the Shooter See Jail Time?

Lester’s legal team may choose to use two defenses to fight the charges against him. They may use laws often referred to as “stand your ground” and “the castle doctrine.”

Missouri, like Florida, is one of about 30 states with stand your ground laws. In general, stand your ground laws say a person has no duty to retreat from a hostile situation before using deadly force. If a person feels their life or the life of another is in danger, they may use deadly force.

The castle doctrine is another type of self defense law. It says a person has no duty to retreat before using deadly force if they are in their home and believe an intruder intends to harm them or someone else.

For Lester to use a stand your ground or castle doctrine defense, he would have to prove that he reasonably felt his life was in danger when he fired his gun at Yarl. 

Since no words were shared between the man and the teen and Yarl didn’t appear to try to enter the home, it may be a difficult case to make.

When Lester was formally arraigned, he pleaded not guilty. We will wait and see how Lester’s team may try to defend his actions — and if a jury agrees with their position.

Talk to a criminal defense attorney if you or someone you know is facing potential legal charges. The sooner you talk to an experienced attorney, the sooner you can weigh your options and know what to expect. Talk to TJ Grimaldi today. Request your consultation or call 813-226-1023.

Supporting Victims of Gun Violence

TJ Grimaldi stands with children impacted by gun violence. As the Executive Director and Board Member of The Oulson Family Foundation, TJ works to help kids get the resources they need in the wake of being impacted by gun violence.

The Oulson Family Foundation 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 help support victims of gun violence.

Photo Credit: Meherrin River Regional Jail

One man lost his life on March 6, 2023. Irvo Otieno was in police custody when he stopped breathing on the floor of a mental hospital. Now, ten people are charged in his death.

What led to Otieno’s death, and why are so many people said to be at fault?

What Led to Irvo Otieno’s Arrest?

On March 3, 2023, police were called to a possible burglary in Henrico County, Virgina. Irvo Otieno, 28, was in a neighbor’s yard rearranging their lawn ornaments. When police arrived, they determined it was not a burglary but a mental health situation.

Officers were assisted by members of the county’s crisis intervention team, and Otieno’s mother arrived on the scene.

Otieno was placed under an emergency custody order and taken to a hospital, according to CNN. Otieno’s mother supported the decision to take her son to the hospital.

But Otieno wouldn’t stay at the hospital. According to reports, Otieno assaulted three officers and was then taken to the county jail and booked.

What Led to Irvo Otieno’s Death?

Three days after police took Otieno to the county jail, they planned to move him to Central State Hospital located south of Richmond. Otieno didn’t make it past the intake process at the Virginia mental health facility.

Caleb Kershner, attorney for one of the defendants, told CNN that Otieno wouldn’t get out of the vehicle when they arrived at the hospital. Deputies had to force him out.

Video, which has been seen by Otieno’s mother and family but not the public, shows what happened inside of the facility.

Otieno was in handcuffs and leg irons and held on the ground for 12 minutes. At one point, ten people were on top of him. The video shows hands over Otieno’s mouth, hands on his head, and hands holding his braids back. Otieno was put on his stomach and died in that position.

The Office of Chief Medical Examiner in Richmond says Otieno died of asphyxiation.

The Commonwealth’s Attorney Ann Cabell Baskervill says Otieno was smothered to death, and she criminally charged ten people for their role in his death.

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

Who Are the Ten People Charged?

Seven police deputies and three hospital workers were charged with second-degree murder related to Otieno’s death.

Baskervill points to incidents leading up to Otieno’s death as the reason for the charges.

According to AP News, before Otieno arrived at the hospital, he appeared to have been in distress. Video taken at the jail shows that before his transfer, he was naked with feces all over his cell. Otieno was pepper sprayed five or six times before Henrico jail deputies entered the cell and tackled him. Video of the event shows officers rushing into the cell, what appears to be a punch thrown, and Otieno’s lifeless body being carried out of the cell and put in a vehicle.

Otieno’s family says he was not given the medication he needed while in jail.

Once at the hospital, Baskervill says officers and hospital staff created a situation that caused Otieno to stop breathing, and they failed to help him when he needed aid. Some accounts of the incident say Otieno was given a shot to calm him down, but Baskervill says the shot was given after Otieno was already dead.

Baskervill says there was a lack of urgency to help Otieno after he appeared lifeless and to be not breathing. Otieno was brought to the facility at 4:00 pm but state police weren’t called to investigate his death until 7:28 pm.

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

What Charges Do the Ten Defendants Face?

The ten defendants face second-degree murder charges in Virginia.

Virginia defines murder that isn’t capital, first-degree murder as second-degree. As opposed to capital murder, second-degree murder is not premeditated. Second-degree murder is a homicide that happens in the heat of the moment or due to recklessness, among other situations.

While each of the ten people likely had different levels of involvement in Otieno’s death, they face the same charges. In Virginia, the penalties for second-degree murder include a minimum of five years and a maximum of 40 years in prison.

We will wait and see if the court system finds the ten defendants responsible for Otieno’s death and what criminal punishments they might face. We will also wait to see if a wrongful death lawsuit in civil court may also be pursued against the ten people involved.

Related: How Do You Sue for Wrongful Death? 

Talk to a Legal Expert

If you have questions about a pending civil or criminal case you are involved with, do not delay talking to a legal expert. An attorney with experience and expertise will be able to offer you advice and guidance to get the best possible outcome for your situation. Don’t let any more days pass. Talk to a legal expert today. Schedule a free call with attorney TJ Grimaldi. Schedule or call 813-226-1023 today.

Three women in Texas are accused of offering assistance to a friend who wanted to end her pregnancy. Now the three women each face a $1 million wrongful death lawsuit.

What does Texas law say about this type of wrongful death case, and is this the new normal?

An Abortion Leads to a Wrongful Death Civil Case

In February 2023, Marcus Silva and his wife Brittni officially divorced. Brittni Silva filed for divorce in May 2022, two months before Marcus Silva says she became pregnant, hid it from him, and had an abortion.

In a lawsuit filed in Galveston County, Texas, Marcus Silva claims his wife discovered she was pregnant in July 2022 and reached out to friends for help in attaining an abortion. The lawsuit points to text messages exchanged by three women and Brittni Silva. Screenshots show conversations where the women discussed the legality of having abortion pills shipped to Texas.

Marcus Silva says two of the women sent his wife information about Aid Access, an international group that sends abortion pills through the mail, and the third woman delivered abortion-inducing medication to Brittni Silva.

Marcus Silva recently filed a wrongful death lawsuit against the three women and is seeking $1 million in damages from each woman, as reported by the New York Post.

Related: How Do You Sue for Wrongful Death? 

Who Is Named in the Wrongful Death Lawsuit?

The wrongful death lawsuit names three defendants: Jackie Noyola, Amy Carpenter, and Aracely Garcia. The lawsuit also states it would like to include the manufacturer of the abortion pill once the manufacturer is known.

Who the lawsuit does not name is Marcus Silva’s ex-wife, Brittni.

Silva’s lawsuit explicitly states he is excluding his ex-wife from the filing and not pursuing any legal action against her.

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

What Laws Did The Women Break?

Since the Supreme Court overturned Roe v. Wade in June 2022, laws related to prosecuting abortion on the civil and criminal level have been mostly unknown, unclear, and untested. The attorneys representing Marcus Silva point to new and old Texas laws for the basis of their case.

Texas Senate Bill 8

Marcus Silva’s attorneys include Briscoe Cain, a practicing attorney who is also a Republican serving in the Texas state House, and Jonathan Mitchell, a former state Solicitor General who has been credited as one of the architects of Senate Bill 8, as reported by CNN.

Texas Senate Bill 8, often referred to as the Texas Heartbeat Act which made most abortions illegal after approximately six weeks of pregnancy, took effect on September 1, 2021. The law allows for private citizens to file civil suits against any person who, “knowingly engages in conduct that aids or abets the performance or inducement of an abortion, including paying for or reimbursing the costs of an abortion through insurance or otherwise.”

Chapter 71 of the Texas Civil Practice and Remedies Code

The lawsuit also alleges that assisting a self-managed abortion qualifies as murder under the state’s wrongful death law outlined in Chapter 71 of the Texas Civil Practice and Remedies Code.

In Texas, a surviving spouse, child, parent, or personal representative of the deceased can file a civil wrongful death complaint against a person or entity if their wrongful act, neglect, carelessness, or unskillfulness led to the death of a person or a fetus.

Related: Examples of Wrongful Death Cases 

Will the Women Be Held Liable?

With no similar cases making it this far in the court system since major changes have impacted abortion laws, it’s unclear how the case will end.

Texas Senate Bill 8 is a relatively new law and hasn’t been brought to a trial yet. For Marcus Silva to win his case against the women, he will need to prove that they actively helped Brittni Silva end her pregnancy.

Wrongful death cases are nothing new in Texas, but Silva’s case will be one of the first of its kind to come to courts after the overturning of Roe v. Wade. To win his case, Marcus Silva will need to prove the various elements of a wrongful death claim. He must prove that the three women:

• Had a duty of care for the deceased
• Breached their duty of care
• Acted in a way that directly caused the wrongful death

The outcome of the case will likely set a precedent for other cases that will come after it and determine what future civil and criminal cases on abortion will look like.

The Law Can Be Complex

The law isn’t always clear and simple. Conflicting and changing laws can impact guidelines that direct civil and criminal cases. If you are dealing with legal issues in either civil or criminal courts, make sure you have an attorney by your side who can interpret the law and understand how it will impact your unique situation.

To talk to an experienced attorney, schedule a consultation with TJ Grimaldi. Get advice about your case. Contact us to schedule today or call us at 813-226-1023.