A Disturbance
A two-year reciprocal suspension has been ordered by the New York Appellate Division for the First Judicial Department for sanctions imposed in Florida
The pertinent facts in this matter arise from respondent’s practice of law in Florida, where he was licensed as an attorney on May 13, 2016. By order entered December 21, 2023, the Supreme Court of Florida suspended respondent from the practice of law for two years based on criminal convictions in state court.
The Attorney Grievance Committee (AGC) relates that, on December 17, 2022, several Oviedo Police Department officers responded to a disturbance in progress in which a suspect pulled a gun on another person. When the reporting officer arrived on the scene, several officers were talking to two people, and another officer was securing a person later identified as respondent. The reporting officer asked respondent where the gun was, and respondent indicated its location. From a black backpack lying next to respondent, the reporting officer recovered a 9-millimeter handgun with a full 24-round magazine and a round in the chamber. According to the police report, a witness saw respondent “walking from his home back towards the crime scene with the black backpack.” The reporting officer watched surveillance video, which showed respondent trying to strike the victim with his vehicle. Respondent appeared to be intoxicated and had a suspended concealed weapon license.
Respondent was arrested and charged with possession of 20 grams or less of cannabis, a first-degree misdemeanor (Fla Stat Ann § 893.13 [6] [b]); battery, a firstdegree misdemeanor (Fla Stat Ann § 784.03 [1] [a] [1]); unlicensed carrying a concealed firearm, a first-degree misdemeanor (Fla Stat Ann § 790.01 [2]); aggravated assault, a third-degree felony (Fla Stat Ann § 784.021 [1] [a]); and aggravated battery, a seconddegree felony (Fla Stat Ann § 784.045 [1] [a] [2]). All charges relating to cannabis and aggravated battery were dropped, and an additional aggravated assault charge was added, as well as a charge for improper exhibition of a dangerous weapon or firearm, a first-degree misdemeanor (Fla Stat Ann. § 790.10).
Respondent denied brandishing a weapon. He claimed that the victim blocked the roadway while loading a trailer onto his truck. When respondent stopped his vehicle, the victim approached and threatened to kill him. By contrast, the victim stated that respondent drove into the area “brazenly” and stopped 20 feet in front of him. The victim asserted that respondent exited his vehicle, chest bumped the victim, and threatened to kill him, using vulgar language. Respondent returned to his vehicle and pulled out a gun, which he used to strike the victim in the head. Respondent then pointed the gun at the victim’s head, jumped into his vehicle, and attempted to hit the victim. He succeeded in striking the victim with the vehicle’s side mirror.
Criminal charges
Respondent pleaded no contest to the remaining aggravated assault charge and the charge for carrying a concealed firearm, both of which are third-degree felonies. Adjudication was withheld on these charges, and respondent was sentenced to 60 months of probation. Respondent pleaded no contest to the remaining first-degree misdemeanor charges of improper exhibition of a dangerous weapon or firearm and battery. He was adjudicated guilty of these charges and sentenced to two days in jail, with a two-day credit for time served.
(Mike Frisch)