Ocala courthouse: Judges issue prison sentences in felony cases and rule on motions
Here's a look at several felony cases that were heard July 24-27 at the Marion County Judicial Center in Ocala.
State v. Logan Levi Alexander Weir
Charges: Two counts each of DUI manslaughter; vehicular homicide; DUI with serious bodily injury to another; DUI personal injury; and DUI impairment with property damage.
Reason for hearing: Weir and his lawyer, James Sawyer, were in court on July 24 for a motion hearing. Assistant State Attorney Marissa Meyer sought a DNA sample from Weir so it could be compared with evidence collected by law enforcement.
Judge's decision: Circuit Judge Lisa Herndon granted the motion, and DNA (a mouth swab) was taken from Weir. The case could go to trial in September.
About the case: The 34-year-old Boca Raton man was arrested on Nov. 24, 2021. He was driving a pickup truck that hit a minivan from behind, killing a mother and daughter and injuring several others, the Florida Highway Patrol said. Family members identified the deceased as Adriana Martinez, 61, and her daughter, Heidy, 32.
The victims, including a baby, who are from south Florida, were on their way to visit family in North Carolina for the Thanksgiving holidays.
The crash occurred along North U.S. 441, not far from Northwest 95th Street. Troopers determined that Weir was traveling more than 100 mph and was impaired. The speed limit on the roadway is 65 mph.
State v. Allen Barry Buford Jr.
Charge: Principal to sexual battery upon a child younger than 12.
Hearing: Prosecutors have filed the charge against Buford, who had an arraignment hearing on July 25 in Herndon's courtroom.
Prison: Presently, Buford is serving a lengthy prison term for sex offenses. Records show the 33-year-old man is scheduled to be released on May 3, 2060. Documents show Buford's girlfriend, Alayna Marie Hesler, is facing a new charge of sexual battery upon a child younger than 12.
Currently, Hesler, 35, is doing time for sex offenses and is not due to be released until Aug. 25, 2046.
Lawyer: The Public Defender's Office is representing Buford, while Hesler's attorney is from the Office of the Regional Counsel, court documents show.
About the case: Sheriff's detectives said they were told that Hesler sexually abused a boy and the alleged victim would watch Hesler and Buford having sex.
State v. Brian Robert Altobello
Plea: Guilty. Altobello was scheduled for trial in March in front of Circuit Judge Robert Hodges. He and his lawyer, David Mengers of Ocala, decided not to go forward with picking a jury.
Charges: Possession of child pornography, 20 counts.
Sentence: Hodges sentenced Altobello to nine years in prison on July 26. He has 167 days of credit for time already served at the county jail.
Special conditions: Altobello must register as a sex offender.
Lawyers and arguments: Assistant State Attorney Jonathan Olson and Mengers. Altobello's lawyer wanted probation, and believed sending his client to prison with his mental and physical illness would be the equivalent of a death sentence. Olson wanted a 15-year prison term.
Altobello's statement to the court: The Ocala man apologized to the court for his actions and said he doesn't believe he's a threat to society.
About the case: Altobello, 48, was arrested in 2018 by sheriff's detectives who had a search warrant for his residence. Deputies said he admitted to having child porn and told authorities he "was flirting with danger,” and “There’s no way to defend it. I’m stupid. I screwed myself and I should have stopped.”
Arson case from the Ocala Hilon
Charges: Arson/occupied structure and criminal mischief greater than $1,000.
Defendant's age: 16. The Star-Banner is not releasing the name of the teen because of her age.
Judge: Circuit Judge Stacy Youmans.
What happened in court? The teen had hearings on July 26 and 27. She appeared via Zoom from a local detention facility on both occasions. Wednesday's hearing was postponed so the minor and her parents, who also appeared by Zoom, could have their attorney with them.
On Thursday their lawyer, Lee Leslie Fairchild, was present in the courtroom. Fairchild asked the court if her client could be released to her parents so she could have a mental evaluation.
The lawyer said the court could order the teen to wear an ankle monitor. She also said the child has no criminal history and the family, which is from Illinois, is experiencing a financial burden.
Assistant State Attorney Brenda Dozier countered that the minor has no ties to Marion County, there's no guarantee that she will return if she's released, and her actions put many people at risk.
Judge's decision: The judge sided with the prosecutor and denied the defense request, citing the seriousness of the offense. The juvenile was ordered to remain in secure detention in Ocala.
Next court date: Youmans set Aug. 9 as the next court date.
About the case: Ocala police officers took the minor in custody on July 25 when she admitted to lighting a pillow on fire on the Hilton's first floor. The flames spread to a couch and the fire spread, forcing 320 to evacuate from the hotel. The blaze was contained downstairs.
Police said the juvenile told a dispatcher she set the fire because she and her mother were arguing and her mother would not answer her texts or phone calls.
State v. Richard Lee Benitez
Plea: On July 27, Benitez pleaded no contest to use computer to seduce/solicit/lure child, travel to meet minor after use of computer to lure child and unlawful use of two-way communications device to facilitate. There was no plea bargain in place.
Other charges: Prosecutors did not pursue charges of travel to meet minor after use of computer to lure child and unlawful use of a two-way communications device.
Lawyers: Assistant Public Defender Julia Williamson and Assistant State Attorney Katrina Self.
Lawyers' arguments: Williamson took testimony from Benitez. He told the court he drank two cases of beer on the day he was arrested. He said he doesn't remember much, to include when law enforcement came to his home and took him into custody. Though he participated in the chat, he said he never sent any nude pictures of himself.
Self argued that the conversation between Benitez and who he thought was a minor was lewd. The attorney said Benitez was able to give directions to his residence, was communicating clearly, and told authorities what he did was wrong.
Sentence: Herndon sentenced Benitez to 30 months in prison, followed by 30 months of probation.
Special conditions: Benitez must register as a sexual offender.
About the case: Benitez, 63, of Silver Springs, was taken into custody last year as part of "Operation April Fools," where law enforcement officials targeted adults who went online looking to entice minors into sexual encounters.
Contact Austin L. Miller at austin.miller@starbanner.com
This article originally appeared on Ocala Star-Banner: Ocala judges issue prison sentences and rule on motions in felony cases
