From the Stuart News:
http://www.tcpalm.com/news/2013/feb/01/jensen-beach-man-found-guilty-of-lesser-charge/
STUART, FL — A Jensen Beach, Florida man who claimed he shot his wife's prostitution customer in self-defense was acquitted of the most serious assault and battery charges Friday by a Martin County jury. But Daniel Diodato, whom the jury also convicted of a felony for deriving proceeds from prostitution, still faces prison time.
"The jury believed he acted in self-defense," defense attorney Lance Richard said. "Before the verdict, his maximum exposure was a life sentence. Now it's seven years."
For the confrontation that ended with seven shotgun pellets in Kyle Hicks's buttocks, the jury of three men and three women found Diodato guilty only of misdemeanor battery, with a maximum sentence of a year. He could face another year on a conviction of misdemeanor assault for threatening another man shortly before the shooting. The prostitution conviction is punishable by up to five years in prison.
Assistant State Attorney Erin Kirkwood disputed attorney Lance Richard's explanation of the verdict, "I think it's clear they didn't find him in self-defense, or they would have found him not guilty altogether," she said. "It seems that this was a compromise." Jurors' verdict forms do not specify their reasoning.
Diodato, 27, has been in custody in lieu of $300,000 bail since the shooting in his mobile home on Oct. 3, 2011. He will be eligible for more than 16 months of credit for time served when Circuit Judge William Roby sentences him on Feb. 18.
Lance Richard, Diodato's attorney, said the jury's acquittal of aggravated battery was based on his plea of self-defense, because the defendant admitted the shooting. Aggravated battery with a firearm carries a mandatory minimum sentence of 25 years and up to life in prison. The charge of aggravated assault involving the other man has a 20-year minimum penalty.
The weeklong trial featured conflicting accounts of the events leading up to the shooting, which was not life-threatening. Diodato, his estranged wife, Sarah, and the two alleged victims all testified, describing a wee-hours scene in the mobile home of sex for money advertised online, drug abuse, Daniel Diodato's shotgun and a head-butting fight between him and Hicks.
Hicks and Diodato blamed each other for the fight. Diodato said he fired after Hicks, a five-time felon who claimed to be a mixed martial arts fighter, beat him up and began choking Sarah Diodato. Hicks testified that Diodato assaulted him for no reason.
"The whole case is a tragedy," lawyer Lance Richard said. "But, overall, it's a victory for Daniel."
For more info: Lance Richard, Esq., www.lrichardlaw.com
Attorney Lance Richard handles personal injury, family law, and criminal cases in Martin County, Florida; St. Lucie County, Florida; Palm Beach County, Florida; Indian River County, Florida; Okeechobee County Florida, and the following cities: Stuart, Palm City, Jensen Beach, Hobe Sound, Jupiter, West Palm Beach, Palm Beach Gardens, Lake Worth, Wellington, Boynton Beach, Port. St. Lucie, Sewall's Point, Ft. Pierce, Vero Beach, and Okeechobee
Showing posts with label self defense. Show all posts
Showing posts with label self defense. Show all posts
Sunday, February 3, 2013
Friday, February 1, 2013
Attorney Lance Richard wins Self-Defense claims in Craigslist 'companionship' trial - Daniel Diodato Verdict: Jury reaches verdict in trial of man who shot wife's sex client
Daniel Diodato Verdict: Jury reaches verdict in trial of man who shot wife's sex client
STUART, Fla. - A Martin County Florida jury reached three "guilty" verdicts, with two of the verdicts being reached on lesser-included offenses, late Friday afternoon in the trial of a Martin County man, 27-year-old Daniel Diodato, who claims he was protecting himself and his prostituting wife, when he shot a potential customer.
"The jury found him guilty of punching in self-defense, but not shooting," explained Diodato's lawyer, Lance Richard.
The jury ruled on the first and second charges of aggravated battery and aggravated assault, but the charges were lowered to lesser-included offenses. That takes the crimes from felonies to misdemeanors. The jury found Diodato guilty of deriving support (profit) from prositution.
"This takes the potential sentence from 25 years or a life sentence down to seven years," said Lance Richard.
Assistant State Attorney Erin Kirkwood said in response to the verdict, "I think it's clear they didn't find him in self-defense, or they would have found him not guilty altogether. It seems that this was a compromise."
Two times on Friday afternoon, the jury had specific questions about testimonies they had already heard came back from deliberation to once again listen to recorded testimonies. They returned with their verdict just before 6:00 p.m.
27-year-old Daniel Diodato was accused of attacking a man, Kyle Hicks, who came to his trailer to purchase sex from Diodato's wife, Sarah, in October 2011. Hicks was responding to an online ad on Craigslist that offered "companionship" with Sarah.
Diodato told the jury in his testimony Thursday that Hicks became aggressive when he came to the couple's Jensen Beach home. He and Sarah both claim Hicks threatened their lives, so Daniel shot Hicks in the rear with a shotgun.
Friday, Judge William Roby once again dismissed the Stand Your Ground claim made by Diodato's criminal defense lawyer, Lance Richard, who twice has asked the charges against Diodato be thrown out based on those statutes.
Read more: http://www.wptv.com/dpp/news/region_martin_county/jensen_beach/daniel-diodato-verdict-jury-reaches-verdict-in-trial-of-man-who-shot-wifes-sex-client#ixzz2K4lK1E9s
For more info: Lance Richard at www.lrichardlaw.com
Attorney Lance Richard handles personal injury, family law, and criminal cases in Martin County, Florida; St. Lucie County, Florida; Palm Beach County, Florida; Indian River County, Florida; Okeechobee County Florida, and the following cities: Stuart, Palm City, Jensen Beach, Hobe Sound, Jupiter, West Palm Beach, Palm Beach Gardens, Lake Worth, Wellington, Boynton Beach, Port. St. Lucie, Sewall's Point, Ft. Pierce, Vero Beach, and Okeechobee
STUART, Fla. - A Martin County Florida jury reached three "guilty" verdicts, with two of the verdicts being reached on lesser-included offenses, late Friday afternoon in the trial of a Martin County man, 27-year-old Daniel Diodato, who claims he was protecting himself and his prostituting wife, when he shot a potential customer.
"The jury found him guilty of punching in self-defense, but not shooting," explained Diodato's lawyer, Lance Richard.
The jury ruled on the first and second charges of aggravated battery and aggravated assault, but the charges were lowered to lesser-included offenses. That takes the crimes from felonies to misdemeanors. The jury found Diodato guilty of deriving support (profit) from prositution.
"This takes the potential sentence from 25 years or a life sentence down to seven years," said Lance Richard.
Assistant State Attorney Erin Kirkwood said in response to the verdict, "I think it's clear they didn't find him in self-defense, or they would have found him not guilty altogether. It seems that this was a compromise."
Two times on Friday afternoon, the jury had specific questions about testimonies they had already heard came back from deliberation to once again listen to recorded testimonies. They returned with their verdict just before 6:00 p.m.
27-year-old Daniel Diodato was accused of attacking a man, Kyle Hicks, who came to his trailer to purchase sex from Diodato's wife, Sarah, in October 2011. Hicks was responding to an online ad on Craigslist that offered "companionship" with Sarah.
Diodato told the jury in his testimony Thursday that Hicks became aggressive when he came to the couple's Jensen Beach home. He and Sarah both claim Hicks threatened their lives, so Daniel shot Hicks in the rear with a shotgun.
Friday, Judge William Roby once again dismissed the Stand Your Ground claim made by Diodato's criminal defense lawyer, Lance Richard, who twice has asked the charges against Diodato be thrown out based on those statutes.
Read more: http://www.wptv.com/dpp/news/region_martin_county/jensen_beach/daniel-diodato-verdict-jury-reaches-verdict-in-trial-of-man-who-shot-wifes-sex-client#ixzz2K4lK1E9s
For more info: Lance Richard at www.lrichardlaw.com
Attorney Lance Richard handles personal injury, family law, and criminal cases in Martin County, Florida; St. Lucie County, Florida; Palm Beach County, Florida; Indian River County, Florida; Okeechobee County Florida, and the following cities: Stuart, Palm City, Jensen Beach, Hobe Sound, Jupiter, West Palm Beach, Palm Beach Gardens, Lake Worth, Wellington, Boynton Beach, Port. St. Lucie, Sewall's Point, Ft. Pierce, Vero Beach, and Okeechobee
Attorney Lance Richard wins Self-Defense claims in Craigslist 'companionship' trial | Treasure Coast News - WPBF Home
A man accused of shooting another man after responding to a Craigslist advertisement for "companionship" with his wife has been found not guilty of aggravated battery on grounds of self defense, according to Stuart, Florida criminal defense lawyer Lance Richard.
The case raised issues of self-defense and claims of immunity under Florida's Stand Your Ground law .
Read more: http://www.wpbf.com/news/south-florida/treasure-coast/Shooter-found-guilty-in-Craigslist-companionship-trial/-/8882916/18371858/-/w8e5ocz/-/index.html#ixzz2K4mq1Sba
For more: Attorney Lance Richard www.lrichardlaw.com
Attorney Lance Richard handles personal injury, family law, and criminal cases in Martin County, Florida; St. Lucie County, Florida; Palm Beach County, Florida; Indian River County, Florida; Okeechobee County Florida, and the following cities: Stuart, Palm City, Jensen Beach, Hobe Sound, Jupiter, West Palm Beach, Palm Beach Gardens, Lake Worth, Wellington, Boynton Beach, Port. St. Lucie, Sewall's Point, Ft. Pierce, Vero Beach, and Okeechobee
The case raised issues of self-defense and claims of immunity under Florida's Stand Your Ground law .
Read more: http://www.wpbf.com/news/south-florida/treasure-coast/Shooter-found-guilty-in-Craigslist-companionship-trial/-/8882916/18371858/-/w8e5ocz/-/index.html#ixzz2K4mq1Sba
For more: Attorney Lance Richard www.lrichardlaw.com
Attorney Lance Richard handles personal injury, family law, and criminal cases in Martin County, Florida; St. Lucie County, Florida; Palm Beach County, Florida; Indian River County, Florida; Okeechobee County Florida, and the following cities: Stuart, Palm City, Jensen Beach, Hobe Sound, Jupiter, West Palm Beach, Palm Beach Gardens, Lake Worth, Wellington, Boynton Beach, Port. St. Lucie, Sewall's Point, Ft. Pierce, Vero Beach, and Okeechobee
Tuesday, January 29, 2013
Attorney Lance Richard claims immunity under Florida's Stand Your Ground Law and claims self-defense in Internet prostitution case WPEC-TV CBS12 News :: News - Top Stories - Bizarre 'stand your ground' case in Treasure Coast courtroom
WPEC-TV CBS12 News :: News - Top Stories - Bizarre 'stand your ground' case in Treasure Coast courtroom
STUART, Fla. -- A "Stand Your Ground" case in a Treasure Coast courtroom began on Tuesday. It's one of the first local cases to test the law since the controversial 2012 Treyvon Martin shooting, where a young teen was shot walking home from his friend's house, and a struggle ensued.
But this case is not clear cut. A Jensen Beach husband is on trial for attempted murder after he shot his wife's sex client in October 2011. Daniel Diadato claimed the sex client Kyle Hicks, attacked the couple in their home, after the sex act did not go the way Hicks wanted.
The Stand Your Ground Law in Florida states that a person may justifiably use force in self-defense when there is reasonable belief of an unlawful threat.
But Daniel Diadato claimed he 'stood his ground' while prostituting his wife on the online classified website backpage.com. Diadato admitted he shot the client, Hicks, but only when, he claimed, Hicks became aggressive with his 21-year-old wife Sarah.
The controversial law says if you are committing a felony at the time you must "retreat first."
"That means before you shoot someone you have to retreat to a place where you can't get away," said Diadato's defense attorney, Lance Richard. "Essentially that is what happened in this case, is he retreated to the back of this trailer. He has the gun. He's acting not in self-defense, but in defense of his wife at this point."
Diodato and his wife are alleged to have posted ads for "companionship" on the Internet. Hicks, who is a registered sex offender, came to the couple's trailer home in search of sexual favors. After a fight broke out over the cost of services, Diodato shot Hicks at close range with a shotgun wounding him. Diodato was arrested and charged with Aggravated Battery with a Firearm, Aggravated Assault with a Firearm and Deriving Proceeds from Prostitution. Richard has filed a motion to dismiss the aggravated battery charges under Florida's Stand Your Ground Law and claims that his client should be immune from prosecution for shooting Hicks.
But prosecutors said Diadato attacked the client--not the other way around.
"The state is trying to portray them as the aggressor, when if you look at it, I believe they are the victims. The one shot in the case was the aggressor," said Anthony Diodato, Daniel's father.
So Diadato is on trial this week, asking that the Stand Your Ground law should apply to his case and throw out any criminal charges against him for the shooting of Hicks.
"It says if you are acting in self-defense or in defense of others you can be immune from prosecution." attorney Lance Richard said.
Daniel's father admits the couple suffered from addiction, and sold sex for money. But even with an unethical or illegal crime, he argues, they are able to defend themselves in their home.
"They allowed this person to come into their house, whether it was for a drug deal prostitution or any other reason--illegal or not--they were fearful of their lives. They were both defending themselves," Diadato, Sr. said.
Prosecutors put another sex client on the stand today, who testified he also was threatened by a gun-toting Diadato when he asked for a refund. The state is arguing it shows a pattern of violence, not standing your ground. The trial is expected to last all week.
Lance Richard at www.lrichardlaw.com
Attorney Lance Richard handles personal injury, family law, and criminal cases in Martin County, Florida; St. Lucie County, Florida; Palm Beach County, Florida; Indian River County, Florida; Okeechobee County Florida, and the following cities: Stuart, Palm City, Jensen Beach, Hobe Sound, Jupiter, West Palm Beach, Palm Beach Gardens, Lake Worth, Wellington, Boynton Beach, Port. St. Lucie, Sewall's Point, Ft. Pierce, Vero Beach, and Okeechobee
STUART, Fla. -- A "Stand Your Ground" case in a Treasure Coast courtroom began on Tuesday. It's one of the first local cases to test the law since the controversial 2012 Treyvon Martin shooting, where a young teen was shot walking home from his friend's house, and a struggle ensued.
But this case is not clear cut. A Jensen Beach husband is on trial for attempted murder after he shot his wife's sex client in October 2011. Daniel Diadato claimed the sex client Kyle Hicks, attacked the couple in their home, after the sex act did not go the way Hicks wanted.
The Stand Your Ground Law in Florida states that a person may justifiably use force in self-defense when there is reasonable belief of an unlawful threat.
But Daniel Diadato claimed he 'stood his ground' while prostituting his wife on the online classified website backpage.com. Diadato admitted he shot the client, Hicks, but only when, he claimed, Hicks became aggressive with his 21-year-old wife Sarah.
The controversial law says if you are committing a felony at the time you must "retreat first."
"That means before you shoot someone you have to retreat to a place where you can't get away," said Diadato's defense attorney, Lance Richard. "Essentially that is what happened in this case, is he retreated to the back of this trailer. He has the gun. He's acting not in self-defense, but in defense of his wife at this point."
Diodato and his wife are alleged to have posted ads for "companionship" on the Internet. Hicks, who is a registered sex offender, came to the couple's trailer home in search of sexual favors. After a fight broke out over the cost of services, Diodato shot Hicks at close range with a shotgun wounding him. Diodato was arrested and charged with Aggravated Battery with a Firearm, Aggravated Assault with a Firearm and Deriving Proceeds from Prostitution. Richard has filed a motion to dismiss the aggravated battery charges under Florida's Stand Your Ground Law and claims that his client should be immune from prosecution for shooting Hicks.
But prosecutors said Diadato attacked the client--not the other way around.
"The state is trying to portray them as the aggressor, when if you look at it, I believe they are the victims. The one shot in the case was the aggressor," said Anthony Diodato, Daniel's father.
So Diadato is on trial this week, asking that the Stand Your Ground law should apply to his case and throw out any criminal charges against him for the shooting of Hicks.
"It says if you are acting in self-defense or in defense of others you can be immune from prosecution." attorney Lance Richard said.
Daniel's father admits the couple suffered from addiction, and sold sex for money. But even with an unethical or illegal crime, he argues, they are able to defend themselves in their home.
"They allowed this person to come into their house, whether it was for a drug deal prostitution or any other reason--illegal or not--they were fearful of their lives. They were both defending themselves," Diadato, Sr. said.
Prosecutors put another sex client on the stand today, who testified he also was threatened by a gun-toting Diadato when he asked for a refund. The state is arguing it shows a pattern of violence, not standing your ground. The trial is expected to last all week.
Lance Richard at www.lrichardlaw.com
Attorney Lance Richard handles personal injury, family law, and criminal cases in Martin County, Florida; St. Lucie County, Florida; Palm Beach County, Florida; Indian River County, Florida; Okeechobee County Florida, and the following cities: Stuart, Palm City, Jensen Beach, Hobe Sound, Jupiter, West Palm Beach, Palm Beach Gardens, Lake Worth, Wellington, Boynton Beach, Port. St. Lucie, Sewall's Point, Ft. Pierce, Vero Beach, and Okeechobee
Attorney Lance Richard claims self-defense under Florida's Stand Your Ground law in Craigslist 'companionship' trial.
Attorney in Craigslist 'companionship' trial claiming self-defense | Treasure Coast News - WPBF
Read more: http://www.wpbf.com/news/south-florida/treasure-coast/Attorney-in-Craigslist-companionship-trial-claiming-self-defense/-/8882916/18317444/-/py4q2s/-/index.html#ixzz2K4pvqpwA
Attorney Lance Richard handles personal injury, family law, and criminal cases in Martin County, Florida; St. Lucie County, Florida; Palm Beach County, Florida; Indian River County, Florida; Okeechobee County Florida, and the following cities: Stuart, Palm City, Jensen Beach, Hobe Sound, Jupiter, West Palm Beach, Palm Beach Gardens, Lake Worth, Wellington, Boynton Beach, Port. St. Lucie, Sewall's Point, Ft. Pierce, Vero Beach, and Okeechobee
Stuart, FL. Lance Richard, the lawyer for Daniel Diodato argued Tuesday in court that his client was legally justified in shooting Kyle Hicks, who responded to the couple's Craigslist advertisement in 2011.
Attorney Lance Richard said Hicks started a fight with Diodato, choked his wife and was trying to rape her, so Diodato was justified in shooting him under Florida's controversial "stand your ground" law.
"He was in his home," Lance Richard said. "He had retreated to a place where he could not avoid the confrontation anymore and he needed to shoot this individual to prevent his wife from having great bodily harm."
But prosecutors argued otherwise.
They brought another customer to testify that he paid Sarah Diodato $160 that day to perform oral sex on him. That customer said Daniel Diodato hit his wife in the face, attacked him, and then cocked and aimed a shotgun at him.
Daniel Diodato's father said his son and daughter-in-law had drug problems, so they were selling Sarah Diodato's services to buy pills.
Although he's embarrassed by the situation, Anthony Diodato said he's standing by his son.
"I had him on the right track with (Alcoholics Anonymous) and church and he was doing well, and he fell to the wayside," Anthony Diodato said. "And it's hard for a parent, period, to watch any of their children fall apart."
Hicks was expected to testify when the trial resumes Wednesday.
Read more: http://www.wpbf.com/news/south-florida/treasure-coast/Attorney-in-Craigslist-companionship-trial-claiming-self-defense/-/8882916/18317444/-/py4q2s/-/index.html#ixzz2K4pvqpwA
Attorney Lance Richard handles personal injury, family law, and criminal cases in Martin County, Florida; St. Lucie County, Florida; Palm Beach County, Florida; Indian River County, Florida; Okeechobee County Florida, and the following cities: Stuart, Palm City, Jensen Beach, Hobe Sound, Jupiter, West Palm Beach, Palm Beach Gardens, Lake Worth, Wellington, Boynton Beach, Port. St. Lucie, Sewall's Point, Ft. Pierce, Vero Beach, and Okeechobee
Saturday, July 7, 2012
Florida Lawer Lance Richard Defends Doctor Accused in "Massive" Pill Mill Case
Stuart, FL Attorney Lance Richard responds in the STUART NEWS here:
Lawyer disputes allegations after doctor's arrest
Watch Channel 25 interview here:
Attorney Lance Richard handles personal injury, family law, and criminal cases in Martin County, Florida; St. Lucie County, Florida; Palm Beach County, Florida; Indian River County, Florida; Okeechobee County Florida, and the following cities: Stuart, Palm City, Jensen Beach, Hobe Sound, Jupiter, West Palm Beach, Palm Beach Gardens, Lake Worth, Wellington, Boynton Beach, Port. St. Lucie, Sewall's Point, Ft. Pierce, Vero Beach, and Okeechobee
Lawyer disputes allegations after doctor's arrest
Watch Channel 25 interview here:
Attorney Lance Richard handles personal injury, family law, and criminal cases in Martin County, Florida; St. Lucie County, Florida; Palm Beach County, Florida; Indian River County, Florida; Okeechobee County Florida, and the following cities: Stuart, Palm City, Jensen Beach, Hobe Sound, Jupiter, West Palm Beach, Palm Beach Gardens, Lake Worth, Wellington, Boynton Beach, Port. St. Lucie, Sewall's Point, Ft. Pierce, Vero Beach, and Okeechobee
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