This website contains archived material from NewsManatee.com which is supported through private funding, supporter donations and advertising. If you are looking for the latest news in Manatee County Florida visit Newsmanatee.com or perform an archive search at Newsmanateearchive.com. NOTE: Archiving did not begin until March 14, 2008. If you are seeking articles published prior to this date, you will need to contact us directly.

Bradenton Police Arrest Man for
Child Abuse After He Allegedly
Struck Baby with Flip Flop

BRADENTON, Florida [NMT] -- The Bradenton Police Department has arrested Christopher Dowdy, 45, of 1063 Manatee Avenue East, Bradenton.

Christopher Dowdy

According to the arrest report, Dowdy is the biological father of an infant female victim who is 8 months old. Dowdy lives with the victim and the victim's mother, who is confined to a wheelchair.

On Sunday, Jan. 17, 2010, Dowdy took the little girl to Manatee Memorial Hospital emergency room because the child was having trouble breathing.

After being examined at the hospital, the little girl was transported to All Children's Hospital in St. Petersburg.

On Monday, Jan. 18, 2010, the child was x=rayed and found to have old already healing rib and leg fractures.

The little girl remains at All Children's for a medical problem.

On Wednesday, Jan. 20, 2010, the victim's older sister who is 5 years old was interviewed by a sheriff's child protection team. During the interview, the older sister said that she saw Dowdy "whoop the baby with a shoe."

Detective Ribachuk of the Bradenton Police Department then went to Dowdy's residence and conducted a taped interview with the victim's mother. During that interview, the victim's mother stated that around Thanksgiving of 2009, she saw Dowdy use a "flip flop" to spank the victim when the little girl started to "fuss." The mother also said that another time she saw Dowdy pull down the little girl's diaper and spank her on the buttocks with his hand.

Post-Miranda, Dowdy said that he did spank the little girl with a flip flop last November. He also would spank her on her bare buttocks with his hand, he told Det. Ribachuk.

Dowdy added that he would rub his chin into the victim's "chest area" in a playful way. Det. Ribachuk noted that this could account for the old rib fractures.

Dowdy denied ever intentionally abusing the little girl. He said he has other children in north Florida and when he was raising them he would use a thin belt to spank them. He said that he would discipline any child of his in that way and that it was not abuse.

Dowdy was arrested and charged with one count of Child Abuse.

Woman Arrested for Domestic
Battery by Strangulation

MANATEE COUNTY, Florida [NMT] -- The Manatee County Sheriff's Office has arrested Janet J. Howells, 52, of 5806 43rd Court East, Bradenton.

Janet J. Howells

According to the arrest report, on Wednesday, Jan. 20, 2010, at about 5:30 p.m., Howells and Matt Flanagan, who Howells considers to be her son, and Howell's daughter, got into an argument after Matt was asked to leave the house.

Matt has been living with Howells and her daughter for about one year, the report said.

Matt said Howell's daughter smacked him in the face, after which Howell's went up to him and put both of her hands around his throat which impeded his breathing for a few seconds.

Dep. Todd Zink said Matt had some minor redness on the right side of his neck.

Howell's was arrested and charged with Domestic Battery by Strangulation.

Woman Arrested for Hitting
Man on Head with Brick

MANATEE COUNTY, Florida [NMT] -- The Manatee County Sheriff's Office has arrested Anissa Davonne Clark, 38, of 5606 7th Street Court East, Bradenton.

Anissa Davonne Clark

The arrest report said on Tuesday, Jan. 19, 2010, at about 1 a.m., Anissa became involved in a physical altercation already underway between an unnamed man and a woman by the name of Chanise.

The incident occurred at a residence in the 800 block of 56th Avenue East, Bradenton.

The report said while the man was being held in a bear hug Anissa hit the man on the top of his head with a brick.

A deputy observed the man had two cuts on top of his head, cuts on his lip and a cut on his back. The injuries other than the head cuts were caused during the previous altercation.

Anissa was arrested and charged with Aggravated Battery (Person Uses Deadly Weapon).

She later posted a $2,500 bail bond and was released from the Manatee County Jail.

Two Hispanic Gang Members
Arrested for Burglary to House

MANATEE COUNTY, Florida [NMT] -- The Manatee County Sheriff's Office has arrested Carlos Ramirez, Jr., 19, of 5202 16th Street East, Bradenton, and Jessie Gomez, 19, of 2103 4th Street East, Bradenton.

Above, L to R, Jessie Gomez and Carlos Ramirez, Jr.

According to the arrest report, on Friday, Jan. 15, 2010, at about 6 p.m., Dep. Escher responded to a burglary in progress. Hispanic men were seen going inside a residence in the 2100 block of 5th Street East, Bradenton.

Upon arrival, Dep. Escher observed 3 Hispanic males walking away from the house and jumping the fence and going into the back yard in the 2100 block of 4th Street East.

Dep. Escher continued to watch the men as he awaited arrival of other deputies.

Once the other deputies arrived, they made their approach and took the men into custody.

Gomez was charged with Burglary to an Unoccupied Dwelling, Criminal Mischief and Possession of Marijuana (2 small baggies).

Ramirez was charged with Burglary to an Unoccupied Dwelling, Criminal Mischief and Possession of a Concealed Weapon (a butterfly knife).

Gomez remains in the Manatee County Jail on a bail bond of $11,120. Ramirez remains in jail on a bail bond of $12,000.

Both men said they were members of a gang and have been since childhood. But the sheriff's office declined to name the gang, for now.

Sheriff's K-9 Unit Tracks Man
Who Burglarized Van to Hide

MANATEE COUNTY, Florida [NMT] -- The Manatee County Sheriff's Office has arrested Johnny Enrisma, 20, of 2001 11th Avenue East, Bradenton.

Johnny Enrisma

According to the arrest report, on Friday, Jan. 15, 2010, shortly before 9 p.m., Enrisma allegedly entered into an unlocked van located in the 1600 block of 33rd Avenue East, Bradenton.

The van was located in the back yard at that location. The yard is surrounded by a 4-foot high chain link fence.

Deputy Kruse and his K-9 Nitro found Enrisma lying down in a concealing manner inside the van.

Enrisma was charged with Burglary to an Unoccupied Conveyance.

He was also charged for a carjacking incident just prior to the van burglary.

He remains in the Manatee County Jail on a $90,000 bail bond.

Detectives Investigate Unexplained
Death of Woman, 49 Years Old

MANATEE COUNTY, Florida [NMT] -- Manatee County Sheriff's Detectives are investigating an unexplained death of Connie K. Sowards, 49, of 6931 Rivers Edge Street Court, in Bradenton.

According to a sheriff's report, the victim's boyfriend, John Schey, woke up Thursday morning, Jan. 21, 2010, to find the victim unresponsive.

911 was called and EMS responded to find the victim deceased. She was found in the bed that she and Mr. Schey share.

Schey last knew she was okay at about 2:00 a.m. on Thursday.

Mr. Schey is the victim's live-in boyfriend of about 10 years.

The victim had recently been diagnosed as a diabetic and was on oral medication. She also had a back injury for which she was being medicated with pain killers.

A cursory check of her medications did not indicate any unexplained usage.

There were no signs of trauma to the victim.

~~~~~~~~~~

Make Your Product or Service
Known for as Low as $25 Per Month

MANATEE COUNTY, Florida [NMT] -- Did you know you can promote your product and/or service for as little as $25 per month? That's less than a dollar a day.

Plus, you would be supporting your crime and public safety website -- NewsManatee.com -- a not-for-profit public service.

How much does it cost you overall to make a contact any other way?

Your support ad will be visible to thousands of readers every week.

To inquire, just send an e-mail to: NewsManatee@aol.com -- you may wish you had done it sooner.

Don't have a business? Tell a friend who has a business to promote.

~~~~~~~~~~

Man Arrested in Connection with
Lottery Tickets Theft

SARASOTA COUNTY, Florida [NMT] -- The Sarasota County Sheriff’s Office has arrested Michael L. Grimes, 29, of 3632 Jaffa Dr., Sarasota.

Michael L. Grimes

Grimes was charged with Grand Theft, Petit Theft and Resisting a Retail Merchant, in connection with the theft of Florida Lottery tickets from a Bee Ridge Road convenience store on two different occasions.

The Sarasota Police Department had arrested Grimes on an unrelated warrant, and the SPD officer advised the Sheriff’s Office that Grimes appeared to be the subject in the surveillance photo (See Thursday's Local News below).

CCSO Confirms CVS Robber
Same Man Killed in Sarasota
Walgreens Robbery

CHARLOTTE COUNTY, Florida [NMT] -- Charlotte County Sheriff’s detectives confirmed Thursday afternoon that the man killed by Sarasota Police in a drug store Tuesday was the same man who robbed the CVS store last Saturday in Port Charlotte.

Detectives, through investigative leads, confirmed that Zachary C. Mathes, 22, robbed the CVS at 2:43 p.m. last Saturday at 2480 Tamiami Tr.

Witnesses positively identified Mathes as the man who took a large quantity of drugs from CVS and fled the store.

On Tuesday, he was shot and killed during the robbery of a Walgreen’s store in Sarasota. That evening Sarasota Police arrested Kristin Gabriellini, 45, at her home, 2443 Tamarind St., in Port Charlotte, for driving a getaway car in the fatal robbery. She faces murder and accessory charges.

CCSO detectives said Mathes had been staying in Gabriellini’s home recently.

CID Detective Ken Roguska said, “We are investigating other possible criminal activities in Charlotte County that Mathes may have been involved in recently.”

No further information is being released at this time due to the ongoing investigation.

Anyone who may have information involving Zachary Mathes, please call the CCSO at 941-639-2101, or Crime Stoppers at 800-780-TIPS (8477).

Police: Woman Escaped
Attempted Rapist

ORLANDO, Florida [NMT/WKMG] -- A woman was able to escape a man who tried to rape her at an apartment complex Tuesday night, Orlando television station WKMG reported.

Orlando police said a man dragged the 19-year-old woman behind a pool shed at the Parc Vista apartments near Curry Ford Road and state Road 436 around 8 p.m.

The woman told police the man approached her and told her, in Spanish, that she was pretty and he wanted to "have her." She said she tried to walk away, but he grabbed her. She said she was able to get away when a car approached and the man fled.

The victim described her attacker as a tall, thin Hispanic man between 19 and 21 years old. The man was wearing a light-colored T-shirt and blue jean shorts. Police released a composite sketch of the man Wednesday afternoon.

The community is now on alert.

The woman was able to escape the attack with minor bruises, WKMG said.

~ Thursday's Local/State News ~

ALERT: BPD Warns Public of
Suspicious Persons Posing as
Brighthouse Networks Employees

BRADENTON, Florida [NMT] -- Bradenton Police are currently investigating two separate incidents involving men who identify themselves as Brighthouse Network employees and announce that they have come to your House/Apartment to conduct “Quality Service” or a "Service Call."

The first reported incident occurred at the Perico Apartments, 11000 Manatee Avenue West on Wednesday, January 13th, 2010, 9:00 p.m. During this incident a White male described as being in his 20s, 5'-7” to 5’ 9” tall, approximately 150-170 pounds, black hair (short on the sides and back, thicker on top), wearing a dark blue zip-up jacket and blue jeans. The suspicious male knocked on the apartment door and stated that he was "from Brighthouse" and was there to conduct "Quality Service." The vigilant female resident, speaking through the door and observing through the peephole, requested to see the suspicious male's identification. He quickly turned and walked away. She confirmed then with Brighthouse Network that they had no technician sent to her apartment and was told to contact the police.

The second incident occurred at a residence in the 6900 block of Heritage Lane on Tuesday, January 19, 2010, at 8:00 p.m. During this incident a Black male (no further description) knocked on the door and told the female resident that he was with Brighthouse and was there for a "Service Call." The suspicious male quickly fled when the female resident told him that they did not have Brighthouse Network service at the residence.

It is apparent that the two men were attempting to enter these homes under false pretenses for reasons that are unknown; however, likely to be criminal in nature.

Bradenton Police urge all citizens to use simple precautions to safeguard their lives and property. Bradenton Police recommend that you conduct conversations with unknown visitors "through" a closed door or window. Demand to be shown official identification which includes a photo of the person. Contact the company or business represented by the person for verification of the visit.

Call the Bradenton Police Department or your local law enforcement agency for assistance immediately if you have a suspicious visitor.

Anyone having information with regard to these incidents are asked to call Bradenton Police Department, Detective Nasario Camacho at 941-932-9312, The Bradenton Police Department at 941-932-9300 or CrimeStoppers at 1-866-634-TIPS (8477) -- or, to provide an anonymous e-Tip by computer, .

Callers to the CrimeStoppers tip line and Tipsters who submit e-Tips by computer will remain anonymous and may be eligible for a cash reward.

Two Brothers Arrested in Burglary;
One Was Alleged Burglar, Other
Was Alleged Lookout

BRADENTON, Florida [NMT] -- The Bradenton Police Department has arrested Jeffery L. Miller, 25, and Christopher Scott Miller, 23, both of 1503 17th Street West, Bradenton.

Above, L to R, Jeffery L. Miller and Christopher S. Miller

The arrest reports for both men said on Sunday, Jan. 17, 2009, at about 7 p.m., a Bradenton Police Officer was dispatched to a burglary in progress in the 1600 block of 18th Avenue West, Bradenton.

A witness was standing and watching while two unknown White males appeared to be breaking into a vehicle.

One of the men, later identified as Chris Miller, was standing in the road and appeared to be acting as a lookout. The other, later identified as Jeff Miller, was going through the inside of the unnamed victim's vehicle, the report said.

Chris Miller was observed by the officer in the street, walking away from the front of the residence. The witness pointed Chris out as an involved party and Christ was stopped and questioned by the officer.

The witness then described the other subject as a White male, about 6 feet tall, with dark hair, in his 20s, wearing a flannel jacket. He was not immediately located.

Chris stated that he was walking to the store and ran into his brother, Jeff. Jeff told Chris, the report said, that he (Jeff) was going to break into the victim's vehicle and wanted him (Chris) to be the "lookout."

Chris denied any involvement but was found in front of the victim's home during the crime.

Other officers went to Jeff's home down the street where he was located.

After both were identified, they were placed under arrest for Burglary to an Unoccupied Vehicle.

They both remain in the Manatee County Jail on a $10,000 bail bond each.

According to the sheriff's website, Jeff Miller had also been arrested the previous day for License Tag Not Assigned and Petit Theft of Vehicle Parts.

Cops Arrest Man for Indecent
Exposure in Public

BRADENTON, Florida [NMT] -- The Bradenton Police Department has arrested Otis Lockhart, 34, of the 2100 block of 13th Street West, Bradenton.

Otis Lockhart

According to the arrest report from BPD, on Tuesday, Jan. 19, 2010, at about 2:20 p.m., a citizen made contact with a City of Bradenton employee and said that a man was standing at the bus stop located at the courthouse exposing his sexual organs. The citizen said there were a number of people there also, including children. He said Lockhart dropped his pants to his ankles and just stood there while his sexual organs were exposed.

The citizen flagged down a BPD parking enforcement officer. The officer observed Lockhart with his pants down below his buttocks and visible to the public; however, he could not see Lockhart's private parts as Lockhart was standing with his back to the officer.

Then a BPD Officer made contact with Lockhart. His pants were still down, but due to the length of his jacket, his sexual organs were covered at that time.

Lockhart was arrested and charged with Indecent Exposure in Public.

As of Wednesday afternoon, he remained in the Manatee County Jail on a bail bond of $200.

BPD Arrests Man for
Vehicle Burglary

BRADENTON, Florida [NMT] -- The Bradenton Police Department has arrested Michael Murray, 45, a homeless man.

Michael Murray

The BPD arrest report said on Tuesday, Jan. 19, 2010, a victim and a witness observed Murray going entering a vehicle and opening the trunk of the vehicle in the 200 block of 9th Street West, Bradenton. Murray then rummaged through the trunk.

The victim and the witness yelled at Murray, at which time Murray fled.

The victim and the witness then followed Murray and called police.

When police arrived at the area under the 9th Street bridge, the victim and the witness positively identified Murray as the burglar.

Murray said he was looking for change and only got 12 cents from inside the vehicle.

Murray was arrested and charged with Burglary to an Unoccupied Vehicle.

He remains in the Manatee County Jail on a $10,000 bail bond.

Four Hispanic Males Try to
Kidnap Man; Slugged Him
with Gun, Fired Shots

MANATEE COUNTY, Florida [NMT] -- The Manatee County Sheriff's Office reported an attempted kidnapping on Wednesday, Jan. 20, 2010, at about 8:20 a.m., in the 3200 block of Canal Road, in Palmetto.

The report said the victim, Armando Benitez-Avellaneda, 21, was at the location when four Hispanic males drove up in an early 90's dark green Honda civic.

Two of the men exited the vehicle. The first, the driver, asked the victim how much the truck by the road is selling for.

The victim advised he did not know.

At this time the first man began to fight with the victim, ordering the victim into the vehicle.

The victim began to fight back.

Then the second man hit the victim on the back side of the head with a handgun and then fired 3 shots in the air.

The victim got away by running away to the rear of his residence.

All 4 attackers fled the scene in the vehicle northbound on Canal Road.

The victim's injuries were minor.

Anyone with any information about this case is asked to call the Manatee County Sheriff's Office at (941) 747-3011 or CrimeStoppers at 1-866-634-TIPS (8477) -- or, to provide an anonymous e-Tip by computer, .

Callers to the CrimeStoppers tip line and Tipsters who submit e-Tips by computer will remain anonymous and may be eligible for a cash reward.

3 Hispanic Males Attempt to
Rob Other Hispanic Male

MANATEE COUNTY, Florida [NMT] -- The Manatee County Sheriff's Office reported an attempted robbery on Tuesday, Jan. 19, 2010, sometime between 8 and 9 p.m., at the Sunoco gas station, 5912 15th Street East, Bradenton.

According to the report, the victim, J. Guadalupe Martinez, 48, was seen leaning against a stop sign at the 1700 block of 53rd Avenue east bleeding from the face.

Martinez said he was jumped by three Hispanic males in the parking lot of the Sunoco gas station located at 5912 15th Street East.

One of the suspects started punching Martinez while the other two tried unsuccessfully to get his wallet from his pocket.

Martinez received a large bump on his forehead and a small cut over his right eye.

EMS was contacted and treated Martinez on scene.

The would-be robbers were not located.

Anyone with any information about this case is asked to call the Manatee County Sheriff's Office at (941) 747-3011 or CrimeStoppers at 1-866-634-TIPS (8477) -- or, to provide an anonymous e-Tip by computer, .

Callers to the CrimeStoppers tip line and Tipsters who submit e-Tips by computer will remain anonymous and may be eligible for a cash reward.

Woman Arrested in Deadly
Walgreens Shooting

SARASOTA, Florida [NMT] -- Detectives of the Sarasota Police Department have arrested Kristen Gabriellini, 45, of Port Charlotte, for Felony Murder.

Kristen Gabriellini

The arrest is connected to the 1/19/10 Robbery of the Walgreens Pharmacy at 3535 N. Tamiami Trial in Sarasota. Zachary Mathes is alleged to have committed an armed robbery of the pharmacy. As he was attempting to exit the store he was confronted by multiple police officers. Zachary Mathes was armed with a 9mm handgun and refused repeated orders from the officers to drop his weapon. Zachary Mathes was shot. Mathes died at the scene.

Kristen Gabriellini was observed by responding officers in the parking lot of the Walgreens. Her vehicle was backed into a parking space. Gabriellini gave several conflicting statements to police officers. It was determined that the 9mm handgun, that Mathes was armed with, belonged to Gabriellini’s husband and had been in a center console of Gabriellini’s vehicle. Kristen Gabriellini was to be the getaway driver for the robbery.

The Sarasota Police Department noted that, according to Florida statutes, when a person is killed in the perpetration of, or the attempt to perpetrate a Robbery by a person other than the person engaged in the perpetration of or in the attempt to perpetrate such felony, the person perpetrating or attempting to perpetrate such felony is guilty of Murder of the second degree.

Sarasota Sheriff Seeks
Robbery Suspect

SARASOTA COUNTY, Florida [NMT] -- The Sarasota County Sheriff’s Office is searching for a robbery suspect who has stolen lottery tickets from a store in the 4100 block of Bee Ridge Road in Sarasota on at least three different occasions.

Witnesses say the suspect places an item on the counter and when the clerk begins to process the purchase, the suspect reaches over the counter and steals Florida Lottery scratch off tickets from the dispenser.

The suspect is described as a white male, approximately 25-30 years old, 5’9” tall, 190 pounds with brown hair.

Anyone with information on this suspect is asked to call the Criminal Investigations Section at 941-861-4929, or leave an anonymous tip with Crime Stoppers by calling 941-366-TIPS (8477), online at www.sarasotacrimestoppers.com or via text message by texting TIP109 plus a message to CRIMES (274637).

CCSO Reports 2nd Twin Boy
Who Fell Into Pool Has Died

CHARLOTTE COUNTY, Florida [NMT] -- Charlotte County Sheriff’s Major Crimes Unit detectives report the second twin boy died last night at All Children’s Hospital in St. Petersburg.

Christian DeMello was flown to the hospital after he and his brother Joshua DeMello fell into the family pool last Saturday in Port Charlotte.

MCU detectives continue their investigation concerning the deaths of the 13-month-old twin boys.

The Florida Department of Children and Families (DCF) were notified.

The investigation remains open and no other information is being released at this time.

Brazen Bank Robbers
Attack Customers
with Shotgun

ORLANDO, Flaorida [NMT/WKMG] -- Orlando television station WKMG reported armed robbers struck an Orlando bank on Tuesday, attacking customers with a shotgun, according to deputies.

The robbery occurred at about 1:30 p.m. at the Fifth-Third Bank at 16860 E. Colonial Drive, between of North Ferncreek and North Bumby avenues.

According to Orange County sheriff's deputies, two men dressed in black entered the bank, rushed the counter and demanded cash. One of the assailants struck two customers in the head with a long-barreled shotgun, deputies said.

"We recently haven't had too many bank robberies, and then you add in the long-barrel shotgun, and you add in the violence, they're dangerous," Orange County Det. Jason Sams said.

The robbers fled the bank with an undetermined amount of cash in a stolen Dodge pickup that may have been stolen before jumping into a getaway vehicle, deputies said. A witness said the man got into a newer-model silver four-door Toyota Tacoma with factory rims.

About five employees were inside the bank at the time of the robbery, deputies said. It's not known if any of the workers were struck by the assailants.

No one was seriously injured during the robbery, WKMG said.

~ Wednesday's Local/State News ~

Man, 44, Shot, Killed at
Palmetto Industrial Park;
Manatee's 1st Murder of 2010

PALMETTO, Florida [NMT] -- The Palmetto Police Department is investigating a homicide which occurred between midnight and 4:00 a.m. Tuesday morning, Jan. 19, 2010.

John Carl Ruger
(Prior mug shot)

The crime occurred in the 1400 block of 12th Street East, the location of an industrial park.

The victim, 44 year-old John Carl Ruger, of Bradenton, was found in a parking lot at that location.

He apparently died from a gunshot, according to Lt. Scott Tyler, of the Palmetto Police Department.

Lt. Tyler told NewsManatee detectives are working some leads at this time, but refused to disclose further information.

"We expect a possible quick resolution to this case," Lt. Tyler said.

Ruger was arrested in September of 2009 for a strong arm robbery, but prosecutors declined to pursue charges in that case, according to Manatee County court records.

Ruger's death is the first murder of 2010 in Manatee County.

Persons with information about this case are asked to call Detective Chad Oyler at 721-2000, ext. 306, Detective Ryan LaRowe at 721-2000, ext. 125, or CrimeStoppers at 1-866-634-TIPS (8477) -- or, to provide an anonymous e-Tip by computer, .

Callers to the CrimeStoppers tip line and Tipsters who submit e-Tips by computer will remain anonymous and may be eligible for a cash reward.

BPD Arrest Man in Connection
with Carjacking Incident of
Pregnant Woman, Kids

BRADENTON, Florida [NMT] -- The Bradenton Police Department has arrested Claudy Marcdonis, 18, of the 1400 block of 17th Street Circle East, Bradenton.

Claudy Marcdonis

The arrest report from BPD said on Friday, Jan. 15, 2009, at about 9 p.m., Marcdonis and three accomplices carjacked an unnamed victim using a plastic Airsoft rifle during the carjacking.

The victim's vehicle was occupied by a pregnant woman and her children when the incident occurred.

The male victim was able to see the carjacking take place from a short distance away.

According to the report, Marcdonis and his accomplices drove the vehicle about 1 1/2 miles away from the incident location and then exited the vehicle on foot.

A sheriff's office K-9 Unit tracked and located Marcdonis to the 1000 block of 32nd Avenue East, Bradenton. At that time, Marcdonis appeared to be sweaty and nervous.

The victim responded to the location and positively identified Marcdonis as one of the men who carjacked his family.

The Airsoft rifle was located and also identified by the victim.

Marcdonis was arrested and taken to the Bradenton Police Department for questioning, but he said he did not want to talk to the police.

Marcdonis was charged with Carjacking with a Firearm. He was also charged with Violation of Probation.

He remains in the Manatee County Jail without bail.

Man Arrested for Making
False Bomb Report at
Peek-A-Boo Lounge

MANATEE COUNTY, Florida [NMT] -- The Manatee County Sheriff's Office has arrested Glenn F. Faustin, 38, a homeless man from Haiti.

Glenn F. Faustin

According to the arrest report, on Saturday, Jan. 16, 2010, at about 5:15 p.m., a deputy was leaving a nearby call when he was flagged down by a bouncer at the Peek-A-Boo lounge.

The bouncer told the deputy that a Black male who was currently sitting across the street had just walked into the business and had made a bomb threat.

The deputy went across the street and detained the Black male, later identified as Faustin.

Another deputy spoke to the bouncer who flagged down the first deputy.

The bouncer informed the second deputy that Faustin had come into the business and asked for the management. He was informed that management was not currently at the business., whereupon Faustin told the bouncer that there was a bomb in the business and that "they would find out," the report said.

Faustin was arrested and charged with False Report of a Bomb.

He remains in the Manatee County Jail on a bail bond of $2,500.

Man Arrested for Loitering,
Prowling at Ellenton Driveway

MANATEE COUNTY, Florida [NMT] -- The Manatee County Sheriff's Office has arrested Brian Castle, 47, a homeless man.

Brian Castle

While on routine patrol, deputies observed Castle standing near a pickup truck in the driveway of a residence in the 6000 block of Laurel Creek Trail, in Ellenton, the location of Covered Bridge Estates. Castle was dressed in all dark clothing.

Upon seeing law enforcement, Castle immediately took flight.

A perimeter was established and K-9 conducted a track.

Castle was quickly located hiding in the brush behind the residence and surrendered without incident.

Castle is homeless and living in the woods in close proximity to the area of several vehicle burglaries that have occurred since the first of the year.

There were no injuries during the incident.

Commercial Building Blaze
Fought by Cedar Hammock

MANATEE COUNTY, Florida [NMT] -- Cedar Hammock Fire Rescue responded to a commercial structure fire at 2700 14th Street West, Bradenton, on Saturday, Jan. 16, 2010, at about 9:20 p.m., according to Capt. Ed Shumaker.

Emergency units arrived four minutes after being dispatched.

Fire attack operations were conducted and the fire was brought under control a few minutes later.

Capt. Shumaker said the buildings are vacant and in the process of demolition.

No firefighters were injured.

The fire is under investigation by Cedar Hammock Fore Marshal Jeff Hoyle.

FREE Seminar - Skin Cancer:
The Complete Story

ELLENTON, Florida [NMT] -- A free seminar about skin cancer will be held on Monday, January 25, 2010, at 3:30 p.m., at The Eye Associates in the Harris Center, 7915 US Hwy 301 North, Suite 101, in Ellenton.

Dr. Gary B. Rosen, M.D. will conduct the seminar.

Skin cancer is the most common form of cancer in the United States. One in five Americans will develop skin cancer in the course of a lifetime.

Protect yourself by learning more about the prevention, detection and treatment of skin cancer.

Call 941-794-DERM (3376) or toll free 1-877-816-DERM (3376) for reservations.

Man Shot, Killed by SPD at
Walgreens on North Trail

SARASOTA, Florida [NMT] -- NewsManatee reporter Doug Reynolds said a man was shot and killed by a Sarasota Police Officer inside a Walgreens store at 3535 North Tamiami Trail, Sarasota.

Zachary Mathes

The incident occurred at about 10:15 a.m. Tuesday morning, Jan. 19, 2010.

Apparently, the man entered the store with the intention of robbing it of narcotics.

He pulled a gun on a pharmacy clerk and obtained the pills.

But before he could leave the store, Sarasota Police Officers arrived and confronted the man inside the store.

Officers told the man to drop the gun; he did not. An officer shot and killed him.

He was later identified as Zachary Mathes, 22, of Sarasota.

Other suspects posssibly fled in a van north towards Manatee County, Reynolds said.

According to Capt. Sutton of the Sarasota Police Department, the drugs stolen during the robbery were recovered from the suspect after the shooting.

A 9mm semi-automatic handgun that the suspect is reported to have been holding was recovered near the suspect's body.

The officer involved in the shooting, Officer Todd Tschetter, has been placed on paid administrative leave. Placing an officer involved in a shooting on leave is a standard procedure. Officer Tschetter has served as a police officer for 18+ years with the Sarasota Police Department.

Officers are investigating the possibility that Zachary Mathes may have been involved in other pharmacy robberies.

The shooting is under investigation by the Criminal Investigation Division of the Sarasota Police Department. The completed investigation will be forwarded to the State Attorney’s Office for review.

Twin Boys Found Floating
in Family Pool; 1 Dead,
1 in Critical Condition

CHARLOTTE COUNTY, Florida [NMT] -- Charlotte County Sheriff’s Major Crimes Unit detectives are investigating an incident of two 13-month-old twin boys found floating in the family swimming pool Saturday, Jan. 16, 2010, at 23260 McNamee Ave., in Port Charlotte.

The mother, Jessica Marie Comeau, 30, discovered the boys had fallen into the pool.

A neighbor heard her screams and had another call 911 at 6:02 p.m.

CPR was given to the boys until deputies and CC/EMS arrived.

EMS transported both boys to two area hospitals; Joshua DeMello was pronounced dead at Peace River Regional Medical Center and his twin brother Christian DeMello was flown from Fawcett Memorial Hospital helipad to All Children’s Hospital in St. Petersburg.

Christian remains in critical condition as of Tuesday morning.

The Florida Department of Children and Families (DCF) was notified by CCSO detectives.

The investigation remains open at this time and no other details are being released.

Driver Hit, Killed By
Car Fleeing Police

ORLANDO, Florida [NMT/WKMG] -- Orlando television station WKMG reported a man driving home from work was struck and killed Tuesday morning, Jan. 19, 2010, when a vehicle fleeing Orlando police ran a red light.

The crash occurred just after midnight near the intersection of Semoran Boulevard and Lake Margaret Drive, north of Orlando International Airport.

According to Orlando police, a blue Ford Escort hit a silver Mistubishi Eclipse after officers attempted to pull over the Escort, which sped away and ran a red light.

The driver of the Eclipse was killed in the crash. His name has not been released.

The driver of the Escort suffered minor injuries and was arrested.

No other details were immediately released, WKMG said.

~ Tuesday's Local/State News ~

BPD Arrests Man Who Tried
to Take Out Sarasota County
Deputy with his Vehicle; High
Speed Pursuit w/Three Agencies

BRADENTON, Florida [NMT] -- The Bradenton Police Department has arrested Kevin Christopher Jennings, 21, of 1927 7th Avenue East, Bradenton.

Kevin Christopher Jennings

According to the arrest report written by Sarasota County Sheriff's Deputy Samuel Lutz, on Thursday, Jan. 14, 2010, at about 9:45 p.m., Dep. Lutz conducted a traffic stop on a 2009 green Hyundai for having a cracked tail light and expired decal on the tag.

The vehicle stopped in front of 3944 Groveland Avenue and a black female exited the vehicle. She was ordered back into the vehicle. As she approached the vehicle, the driver, later identified as Jennings, sped off.

Jennings drove a short distance and abruptly turned into a gravel parking area on the east side of the road. Jennings then made a complete U-turn and accelerated directly toward the deputy's vehicle.

The deputy took evasive action and backed away from Jennings to avoid his vehicle colliding with that of Jennings.

Jennings then led the deputy on a high speed chase, with speeds reaching 100 mph, through Sarasota County and eventually north on U.S. 41, where the Sarasota Police Department got involved in the pursuit, but lost him.

Deputy Lutz returned to the scene where he had pulled Jennings over and contacted the black female who had exited the vehicle. Jennings was identified and his home address was located.

Dep. Lutz then went to the Bradenton address and, along with Bradenton Police officers, led by BPD Sgt. Rackey, arrested Jennings.

Jennings was charged with Aggravated Assault on a Law Enforcement Officer, Aggravated Fleeing to Elude and No Valid Driver License and booked into the Manatee County Jail, even though the charges were by Sarasota County Sheriff's Deputy Lutz.

The next day, Jennings bonded out of jail on a $10,120 bail bond.

The deputy noted that at the time of his arrest Jernnings was on probation/house arrest for 2nd Degree Murder.

Deputies, K-9 Unit, Capture
Four Hispanic Gang Members

MANATEE COUNTY, Florida [NMT] -- On Friday, Jan. 15, 2010, at about 6 p.m., the Manatee County Sheriff's Office arrested four Hispanic males, ranging in age from 14 to 19, suspected of being gang members from the East Side Crips gang.

Above, Manatee County Sheriff's K-9 Deputy Leo

Carlos Ramirez, Jr., 19, Jessie Gomez, 19, and two juveniles, 14 and 15 years old, were seen entering 2101 5th Street East, which is a vacant house.

Deputies responded to the area and started setting a perimeter in case the suspects ran.

Deputy Escher parked down the street and walked up on foot.

He observed three of the suspects exit the house; jump the fence into the yard of 2103 4th Street East. Deputy Escher continued to watch the subjects until all deputies were on scene and set up.

K-9 Deputy Thames was on 4th Street East, ran to the backyard and challenged the suspects with K-9 Leo.

Carlos Ramirez, Jr., was searched and a butterfly knife was recovered from his front right pants pocket along with a pair of black gloves and a blue bandanna. Carlos had numerous tattoos on his body, representing the East Side Crips gang.

Jessie was also handcuffed and during his search a blue bandanna and 2 small bags of suspected marijuana were located.

One of the juveniles was searched and a small screw driver, blue bandanna and 3 black gloves were recovered. The other juvenile was searched and a blue bandanna was recovered.

After the suspects were handcuffed and detained, it was discovered that the house had gang graffiti on the outside and inside of the house. The graffiti was of the East Side Crips gang and caused approximately $2,000 in damage

All four were jailed on various charges, including Armed Burglary, Possession of a Concealed Weapon, Burglary, Criminal Mischief and Possession of Marijuana.

Man Tied Up, Robbed During
Armed Home Invasion

MANATEE COUNTY, Florida [NMT] -- The Manatee County Sheriff's Office reported an armed home invasion on Thursday, Jan. 14, 2010, shortly before midnight in the 8900 block of Manor Loop, The Villages, Bradenton.

According to the sheriff's report, the victim, Wayne Shapiro, 50, was lying in bed watching TV when his front door was kicked in.

Two men went inside; one was armed with a black semi-automatic handgun.

The armed robber went directly to the victim's bedroom and ordered him onto the floor.

Once the victim was on the floor, he was bound with duct tape around his hands and had his legs zip-tied. His head was covered with pillows and a sheet from the bedroom.

The robbers rummaged through the victim's property and took a satchel-style briefcase containing gasoline certificates and a large amount of cash.

They then fled out the door and out of the complex by unknown means.

Once he was sure the robbers were gone, the victim freed himself and called 911.

Upon the arrival of deputies, the area was checked but the robbers were unable to be located.

There were no injuries during the incident.

The robbers were only described as 2 unknown males. One was wearing a black ski mask, jeans, a white shirt and black gloves. There was no description of the second robber.

Anyone with any information about this case is asked to call the Manatee County Sheriff's Office at (941) 747-3011 or CrimeStoppers at 1-866-634-TIPS (8477) -- or, to provide an anonymous e-Tip by computer, .

Callers to the CrimeStoppers tip line and Tipsters who submit e-Tips by computer will remain anonymous and may be eligible for a cash reward.

Armed Home Invasion Robbery;
Male Victim Pistol-Whipped

MANATEE COUNTY, Florida [NMT] -- The Manatee County Sheriff's Office reported an armed home invasion robbery on Saturday, Jan. 16, 2010, at about 6:15 p.m., in the 1100 block of 61st Avenue East, Bradenton.

The report said Keith Emory, 51, was the victim. Emory's roommate, Stephanie Paulton, returned home and discovered Emory inside of the residence covered in blood.

Emory told Stephanie that he was awakened by three men as they were beating him with a handgun while demanding money.

Stephanie ran to a neighbor’s house to call 911.

Once deputies arrived, they attempted to interview Emory but he said that he was so distraught over the robbery that he immediately afterwards ingested narcotics and could not provide the deputies with any details pertaining to the robbery.

Emory was transported to Manatee Memorial Hospital with injuries which were not life-threatening.

The crime scene was processed.

It is unknown at this time if anything was taken from the victim during the robbery.

The invaders were described as two Black males and one White male. All three were dressed in all black clothing and wearing ski masks and were armed with handguns.

Anyone with any information about this case is asked to call the Manatee County Sheriff's Office at (941) 747-3011 or CrimeStoppers at 1-866-634-TIPS (8477) -- or, to provide an anonymous e-Tip by computer, .

Callers to the CrimeStoppers tip line and Tipsters who submit e-Tips by computer will remain anonymous and may be eligible for a cash reward.

Shotgun, Pistol Used to Commit
Armed Robbery at Mobile Home
in Broad Daylight

MANATEE COUNTY, Florida [NMT] -- The Manatee County Sheriff's Office was called out to an armed robbery at Lloyd's Mobile Home Park, in the 1400 block of 26th Avenue West, Bradenton, on Saturday, Jan. 16, 2010, at about 9:45 a.m.

A sheriff's report said Leonel Excoy and Edgar Excoy were in front of a residence in the mobile home community talking.

Without warning, 3 Black men wearing all black clothing and with masks covering their lower faces approached the Excoys. One of the men was armed with a shotgun; the other was armed with a chrome pistol.

The man with the pistol struck Leonel in the head which caused a small cut to his left ear.

The robbers ordered the two victims to the ground and robbed them. From Leonel, they took a wallet containing $470 and miscellaneous documents. From Edgar the culprits got a cell phone and an ID card.

The culprits then fled south on 14th Street West in a white older model vehicle.

Leonel refused treatment for his injury.

Anyone with any information about this case is asked to call the Manatee County Sheriff's Office at (941) 747-3011 or CrimeStoppers at 1-866-634-TIPS (8477) -- or, to provide an anonymous e-Tip by computer, .

Callers to the CrimeStoppers tip line and Tipsters who submit e-Tips by computer will remain anonymous and may be eligible for a cash reward.

Bar Patron Kidnapped, Beaten,
Carjacked by 3 Hispanic Men

MANATEE COUNTY, Florida [NMT] -- Leyver Milton-Gonzalez, 31, of the 500 block of 26th Avenue East, Bradenton, was the victim of a vicious carjacking on Sunday, Jan. 17, 2009, shortly before 1 a.m.

A report from the Manatee County Sheriff's Office said Leyver had just left the Cuernavaca bar and was walking to his car, which was parked in the Shell parking lot, located at 836 301 Blvd. East, Bradenton, when he was approached by three Hispanic men.

One of the thugs grabbed Leyver and threw him into his (victim's) car.

They fled from the Shell parking lot in the vehicle with Leyver.

While in the vehicle, the thugs beat Leyver and took his wallet.

The vehicle was driven a short distance -- several blocks -- when the thugs stopped the car and told Leyver to get out.

Leyver exited the car, ran back to the bar and called 911.

Leyver was intoxicated and had no clue how much money was taken. He suffered a swollen left eye. EMS was on scene and Leyver refused treatment.

A BOLO was issued for the vehicle and it was entered into FCIC/NCIC.

The vehicle was not described in the report.

The thugs were only further described as being in their 20s.

Anyone with any information about this case is asked to call the Manatee County Sheriff's Office at (941) 747-3011 or CrimeStoppers at 1-866-634-TIPS (8477) -- or, to provide an anonymous e-Tip by computer, .

Callers to the CrimeStoppers tip line and Tipsters who submit e-Tips by computer will remain anonymous and may be eligible for a cash reward.

Six Saturday Night Robberies
Stump Sheriff's Deputies

MANATEE COUNTY, Florida [NMT] -- On Saturday, Jan. 16, 2010, there were three robberies in Duplex City, a convenience store on the West Side and two robberies on the North Side, all between the hours of 2 a.m. and 4 a.m. Sheriff's deputies responded to all six robberies and attempted to located the perpetrators, but were unsuccessful.

2:10 a.m. -- A Hispanic man was threatened outside his residence in the 100 block of 55th Avenue Drive East, Bradenton, by 3 Hispanic men wearing ski masks and robbed of his property.

2:15 a.m. -- Three Hispanic men, ages 22, 25 and 50, were approached in front of their residence in the 900 block of 61st Avenue Terrace East, Bradenton, by 3 Black men wearing ski masks. One was armed with a handgun. Two of the victims were hit in the head with the gun; the other was pushed to the ground. The robbers took cash and ID from the victims. The two men struck by the gun had minor injuries.

3:01 a.m. -- A White woman, age 46, and 3 Hispanic men, ages 23, 26 and 41 were approached in front of their residence in the 6000 block of 5th Street East, Bradenton, by 3 Black men wearing ski masks. Two had handguns; one had a knife. One victim was struck in the head with a handgun. Money and ID were taken from the victims. Minor injuries to the man struck with the gun.

3:23 a.m. -- A Black man entered the Mobil gas station store at 5310 34th Street West, Bradenton, implied he had a gun and stole cash from the register drawer after threatening the female clerk, who was not injured. He fled in a dark-colored van.

3:30 a.m. -- Two Oriental men, ages 32 and 37, were approached in the driveway of their residence, in the 4100 block of 70th Street Court East, Palmetto, by 4 Black men wearing ski masks. One had a stun gun and used it to shock one of the victims in the neck. They took a wallet containing cash and credit cards from one of the victims.

3:50 a.m. -- 3 Hispanic men, ages 19, 20 and 21, were approached in the parking lot of The Oaks of Ellenton, 3420 16th Street East, by 3 Black men wearing ski masks. Two were armed with handguns; one was armed with a knife. Only one man was robbed of his wallet containing $70, a debit card and a cell phone.

Anyone with any information about these cases is asked to call the Manatee County Sheriff's Office at (941) 747-3011 or CrimeStoppers at 1-866-634-TIPS (8477) -- or, to provide an anonymous e-Tip by computer, .

Callers to the CrimeStoppers tip line and Tipsters who submit e-Tips by computer will remain anonymous and may be eligible for a cash reward.

Manatee Golf Course Torn Up
by Unknown Vandals Saturday,
Possibly Driving a Golf Cart

MANATEE COUNTY, Florida [NMT] -- The Manatee County Sheriff's Office reported criminal mischief to the Palm Aire Country Club, 5601 Country Club Way, in South Manatee County.

The report said unknown person(s) caused severe damage to the above listed golf course.

Multiple greens and fairways were damaged by a motor vehicle.

Unknown person(s) launched multiple fireworks from one of the greens.

The putting green was severely damaged near the club house by a motorized vehicle. The vehicle appears to be consistent with a golf cart.

The greens manager stated the estimated damage is $20,000 due to the specific type of grass used on the golf course (Tif Eagle Bermuda).

Crime Scene Technicians assisted and collected evidence from the scene.

Anyone with any information about this case is asked to call the Manatee County Sheriff's Office at (941) 747-3011 or CrimeStoppers at 1-866-634-TIPS (8477) -- or, to provide an anonymous e-Tip by computer, .

Callers to the CrimeStoppers tip line and Tipsters who submit e-Tips by computer will remain anonymous and may be eligible for a cash reward.

Woman Filed False Police
Report of Home Invasion

BRADENTON, Florida [NMT] -- On Thursday, Jan. 14, 2010, at about 1 p.m., an unidentified woman reported a home invasion in the 700 block of 51st Street East, Bradenton.

The complainant and alleged victim, a 30-year-old female, called the Bradenton Police Department via 911 and reported that she had just been attacked and had her throat cut by a male intruder who had since fled the apartment.

The "victim" was found to have a laceration on her neck that was not life-threatening.

The area was cordoned off and officers conducted an intensive search for the male suspect to no avail.

On Friday, Jan. 15, 2010, detectives determined that the incident had been fabricated and that the wound was self-inflicted.

When confronted with the investigative findings, the "victim" confessed to fabricating the incident to obtain medication.

The female was taken to a medical facility for treatment and evaluation.

Dep. Police Chief J.J. Lewis said no criminal charges will be filed.

Sarasota Sheriff Reports
Man Shot, Killed

SARASOTA COUNTY, Florida [NMT] -- The Sarasota County Sheriff's Office reported a man was shot and killed on Friday, Jan. 15, 2010, at about 9:45 p.m., in the 3000 block of Bunche Street, Sarasota.

Deputies responded to the above location to investigate a report of shots fired in the area.

Upon arrival, the victim was found with fatal injuries from a shooting.

Detectives, Forensics and the Medical Examiner’s Office responded and investigated.

The dead man was identified as Michael L. Scarbrough, 28, of the 2200 block of 25th Street, Sarasota.

Anyone with information about this investigation can contact the Sheriff’s Office Criminal Investigations Bureau at 941-861-1719 or Sarasota County Crime Stoppers at 941-366-TIPS (8477) or via text message by texting TIP109 plus a message to CRIMES (274637).

Lottery Tickets Stolen from
Sunoco Gas Station

SARASOTA COUNTY, Florida [NMT] -- The Sarasota County Sheriff's Office reported on Friday, Jan. 15, 2010, at about 7 p.m., a man stole lottery tickets from the Sunoco gas station located at 4131 Bee Ridge Road, Sarasota.

The clerk at the above location reported that an unknown White male pretended he was making a purchase and then reached for a number of scratch-off lottery tickets.

A struggle for the tickets ensued and the robber battered the clerk and fled with the tickets.

The robber was last seen running north from the store.

Responding deputies searched the area, but were unable to locate the suspect.

The robber was described in the SSO report as a White male, about 25-35 years old, between 5'10" and 6' tall, 160-175 pounds, with brown eyes and brown hair, short shaved scruff beard, last seen wearing a yellow polo shirt, a white T-shirt underneath, khaki cargo shorts and white tennis shoes with dark laces.

Anyone with information about this investigation can contact the Sheriff’s Office Criminal Investigations Bureau at 941-861-1719 or Sarasota County Crime Stoppers at 941-366-TIPS (8477) or via text message by texting TIP109 plus a message to CRIMES (274637).

CCSO Arrests Man in Connection
with Two Attempted A/C Thefts

CHARLOTTE COUNTY, Florida [NMT] -- Charlotte County Sheriff’s deputies arrested Paul Calvin Gawrych, 27, of 22330 Hernando Ave., Port Charlotte, in connection with attempting to steal two air conditioner units for copper in broad daylite.

Paul Calvin Gawrych

On Thursday, Jan. 14, 2010, at 10:30 a.m., Gawrych was caught by the owner of the apartment a/c unit as he was cutting copper tubing leading to the equipment. When approached, Gawrych fled in a Mercury SUV. The owner called the CCSO to report the incident. Then at 12:30 p.m. the CCSO got a call of an attempted theft of an a/c unit at 17288 Ohara Dr., Port Charlotte. That owner saw Gawrych cutting the wiring and copper tubing from his a/c unit and again, Gawrych fled in his vehicle.

Detectives contacted Allied Metal Recyclers in Port Charlotte and provide them with a detailed description of the suspect and his vehicle. It was learned that Gawrych was a customer who matched the exact description along with his vehicle. Officials at the recycling business said Gawrych was in Thursday morning and they bought several pounds of scrap metal from him.

A BOLO was issued for Gawrych and his 1997 green Mercury Mountainer SUV. At 2:53 p.m. a CCSO detective observed Gawrych and his SUV on Aaron St. and Gladis Ave. in Port Charlotte. A traffic stop was made and he was taken to the district office and questioning.

He was arrested and charged with two counts of Grand Theft, and Driving While License Suspended. Gawrych was taken to the Charlotte County Jail where he remains in custody. The investigation continues by CCSO detectives who are working on multiple cases of stolen a/c units and copper thefts reported in the county in the past several weeks.

If you have information about stolen a/c units and copper thefts, please call the CCSO at 941-639-2101, or Charlotte County Crime Stoppers at 800-780-TIPS (8477).

(Click on the logos to go to their website)

NewsManatee Archive Created 1/23/2010 2:00:06 PM

NewsManatee, Inc.
P.O. Box 10453
Bradenton, Florida 34282-0453
NOTICE
NewsManatee, Inc. is a 501(c)(3) non-profit organization based in Bradenton, Florida.
Your donations are tax-deductible to the extent allowable by law.
E-mail: NewsManatee@aol.com
Michael C. Quinn, Publisher and President
Carole Law Atkins, Executive Vice President and Corporate Secretary

© 2008 -- Unless otherwise indicated or assumed, all material herein, written, audio or visual, is Copyrighted by NewsManatee, Inc., Bradenton, Florida.All worldwide rights reserved. ~ No material may be printed, transmitted, or broadcast in whole or in part, without the express consent of owner.