Abogados de inmigración in Ocala, FL

A man arrested in January on a charge of lewd/lascivious molestation of child younger than 12 won't face prosecution in that case, the State Attorney's Office has announced. But Dontay Akeem Prophet still faces some potential legal jeopardy.

Prophet and his lawyer, Assistant Public Defender Kathryn Hamilton, were in court on Monday in front of Circuit Judge Timothy McCourt. The defense was asking the court to set bail.

Making a case for her client, Hamilton wrote in a court filing that, if granted bail, Prophet would remain in the court's jurisdiction and would "submit himself to any additional conditions of pretrial release imposed by this court."

It turns out Hamilton didn't have to make her case. The court was told that the charge had been dropped by prosecutors.

In a court filing, Assistant State Attorney Shanae Pickens wrote: "Although there was probable cause to arrest the defendant, based on the facts and circumstances of the case, the likelihood of conviction at trial is light."

The document was filed with the court on Feb. 24.

Hearing

Hearing the state's decision, the judge told Prophet and his lawyer that Prophet still has a hearing scheduled in his courtroom in March for another case.

When a handcuffed Prophet entered the courtroom, he waved and smiled at a woman seated toward the back behind the defense table.

After the hearing, the woman was approached by a Star-Banner reporter for a comment, but she declined.

Defense attorney Hamilton told the reporter that, since prosecutors are not pursing the child sex case, Prophet should be released from the county jail, since he already had posted bond in his earlier case. Jail records show Prophet, 33, was released at 9:59 p.m. Monday.

That earlier case dates back to May 2024, when Prophet was arrested on a charge of child abuse without great bodily harm and false imprisonment of a child younger than 13.

In that case, according to the Marion County Sheriff's Office, Prophet allegedly prevented a child from leaving a classroom at Destiny Leadership Academy, a private school where Prophet was principal at the time.

Prophet told a sheriff's deputy that he didn't hurt the child and felt the juvenile was going to harm himself.

The state has dropped the false imprisonment charge. In a court filing, prosecutors wrote: "State is unable to prove the requisite elements beyond a reasonable doubt at trial." Prophet still faces the child abuse charge.

Prophet had been released from jail in July 2024 after posting a $25,000 bond. He was arrested in the sex case in January 2025 and had been held without bail until Monday.

Several years ago, Prophet was charged with lewd/lascivious molestation of a child. According to court records, that charge was reduced to attempt to commit interfering with child custody. In 2023, court documents show, the court withheld adjudication and Prophet was sentenced to probation.

Alleged child abuse:Man faces charge of child abuse

Those same court records show he was accused of violating the terms of his probation and sentenced to 90 days in the county jail. Prophet's probation was re-instated and it was completed in September 2023.

A former Marion County Public Schools employee, Prophet resigned from the district in 2019. A year before, Prophet was a school board candidate but did not win.

Contact Austin L. Miller at austin.miller@starbanner.com

After nearly six hours of deliberations, a jury on Wednesday found a 40-year-old man guilty of molesting two girls. The judge then sentenced him to seven consecutive life prison terms.

Here's what we know about the case:

State v. Daniel Martinez Jr.

Judge: Circuit Judge Timothy McCourt.

Lawyers: David Mengers for the defense and Assistant State Attorney Shanae Pickens.

Charges: Three counts of sexual battery on a child younger than 12 and four counts of lewd/lascivious molestation of child younger than 12.

Why was Martinez in court? For a two-day trial that began Feb. 25. Fourteen jurors, two of them alternates, were selected on Feb. 24.

About the case: Marion County Sheriff's Office officials said two girls accused Martinez of sexually abusing them multiple times. Martinez was taken into custody in March 2024.

He was indicted by a grand jury. State law allows prosecutors to seek the death penalty for people accused of sexual battery on a child younger than 12. In this case, prosecutors declined the option.

Did the state make a plea offer? No. The charges call for a mandatory life sentence.

Where was Martinez before the trial? At the county jail, where he was held without bail.

Who testified at trial? More than half a dozen people, including Martinez, the victims and law enforcement officials.

Jurors watched taped interviews of the girls. Martinez family members attended both days of the trial and sat behind the defense table.

After each witness, the judge asked jurors if they had any questions. Those who did wrote their questions on a piece of paper that was handed to the judge. The judge then called the lawyers to the bench and talked to them in private.

If the question was deemed appropriate, the judge asked the witness the question. Of 16 questions given to the judge by jurors, 14 were asked and answered by witnesses.

Closing arguments: Prosecutor Pickens said the victims were descriptive in their interviews and their statements were consistent and believable. Defense attorney Mengers countered that the statements from the victims changed and suggested they could've been manipulated. That, he said, should raise some doubts.

Jury drama: Before the judge excused two of the 14 jurors for deliberations, one juror said he could not be a part of the discussions. The judge told the juror to remain in the courtroom. He told the others to wait in the back so he and the lawyers could question the juror.

Alone in the jury box, the man said as a small business owner, he could not be part of the process because he doesn't feel comfortable, didn't want to judge anyone, and felt his decision could affect his business.

The lawyers felt he should be dismissed and the judge agreed.

When did jurors start to deliberate? At 3:32 p.m. Wednesday. During their discussions, they had a question about a witnesses and medication. They were told to rely on their memory.

Nearly two hours into their deliberations, the jurors said they wanted food and water. Shortly before 6:15 p.m., the jurors were called into the courtroom by the judge. Jurors were told pizzas were ordered for them.

Most of the jurors wanted to make a phone call to loved ones and family members. The judge allowed those who wanted to make phone calls to do so, but their conversations had to be on speaker in the presence of a bailiff. That was done to ensure jurors did not discuss the case with the caller.

At 7:24 p.m., jurors had a second question. They wanted to listen to a recording of one the victims telling a woman about what Martinez did to her.

What was the outcome? At 9:08 p.m. jurors signaled they had reached a verdict. On the bench, the judge told those in the audience not to openly show their emotions regardless of the decision.

At 9:20 p.m., the six men and six women entered the courtroom and the foreperson handed the verdict forms to the bailiff, who gave it to the judge for his review. The judge then passed the forms to the clerk, who announced the verdict at 9:21 p.m.

The verdict was guilty on all seven counts. Jurors were polled and one by one they said Martinez was guilty. The jurors were told to wait in the back room.

Any reactions? Martinez was asked by the judge if he wanted to say anything before sentencing. He told the court that he's completely innocent, that the verdict was mind blowing, and he's never going to stop until he's cleared.

What was Martinez's sentence? The judge sentenced Martinez to life in prison to run consecutively on each count. Mengers told the court he plans to file a motion for a new trial.

Contact Austin L. Miller at austin.miller@starbanner.com

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Ocala Star-Banner

The Florida Commission on Ethics has cleared Marion County School Board member Sarah James of alleged ethics violations. The complaints were filed by one of her fellow board members, Nancy Thrower.

Thrower filed the complaints with the Florida Commission on Ethics in 2024, when she was board chair. At issue were actions James took in her capacity as a school board member and owner of a private business, Kid City USA daycare/pre-school.

One complaint alleges that James used her position as a school board member "to direct staff to utilize school board equipment (email, copy machine), supplies (toner, paper) and personnel time to print and post a flyer for her own business." That flyer concerned a bus driver job opening at Kid City.

That complaint was investigated and the ethics commission found no probable cause to move forward.

The ethics commission declined to even investigate two other complaints: one concerning an email James sent seeking school district bus driver information, and another concerning a social media post James published while a school board meeting was in session — and when she was supposed to be conducting public business.

At the March 11 school board meeting, James announced that she had been cleared of Thrower's complaints. She said she went to Tallahassee on March 7 to answer the complaints. She said a member of the ethics commission actually apologized to her.

After James concluded her remarks, Thrower said she wasn't going to mention anything — but since she was named out loud, she decided to make a comment.

Just because someone's actions don't rise to the level of a violation doesn't mean they're proper, Thrower said. Right is right and wrong is wrong.

The hiring of a bus driver

On March 21, 2024 James sent an email to Eric Ostanik, school district transportation supervisor, and attached a flyer for a summer bus driver job at her business. She asked if it could be posted at each transportation compound and shared "with anyone mentioning they need a summer driver job."

"I would greatly appreciate it," she wrote.

The flyer noted that Kid City USA was hiring a summer bus driver to serve May 29 to Aug. 2.

According to Thrower's complaint, "Because it was a school board member making the request, an email was sent by the transportation secretary, Nicole Prestipino, instructing staff at four different transportation compounds to print and post the request information." Prestipino sent the email on March 22.

A Marion County school bus driver, Michelle Ruperto, eventually was hired for the job. And in July, a district official was told that Ruperto had resigned after James "came to her and offered her $20 an hour, 40 hours a week plus overtime and had purchased a new bus," according to the complaint.

Responding to the allegations, James told the state she has owned Kid City USA since April 2021. She said 2024 was the first year the facility owned a bus and the first year "she sought to hire a bus driver for summer employment."

James said she sent the email to Ostanik in March 2024 asking him to post a flyer for a summer bus driver. She said the email was sent from her personal business email account and that the email was "intended to be a request from a private business owner, not a direction from a School Board member," according to the state report.

She said she had called Ostanik and the email was a follow-up to that conversation.

James said the flyer was created with her business software account, the email was from her business email account, and the call was made on her personal phone. She said she and Ostanik never discussed the job opening after the email was sent and she never received any information that the flyer had been posted.

She said the job post also was shared on social media and job search websites. Four or five people responded to the job posting, and James said she didn't know how the applicants found out about the job.

James said Ruperto had planned to leave her summer job and return to her school district bus driving job. But, she said, Ruperto changed her mind and decided to stay with Kid City USA.

The state interviewed Ostanik. He said he may have spoken to James about the posting before her email arrived, but he doesn't remember. He said he received the email about the job posting and further noted that "school staff members are often seeking summer employment because they are not employed by the district during the summer."

He said he doesn't remember whether the March 21, 2024 email was "a request or a direction from the Respondent (James,)" according to the state report.

However, he noted: "If you get a request from a school board member, whether they are (acting as) a private citizen or not, you try to make it happen."

"Mr. Ostanik maintains he did not feel pressured by the Respondent (James) to circulate the flyer and did not consider whether there would be any consequences if he did not distribute the flyer," the state report says. "He stated that job opportunities from outside businesses are posted in the bus compounds if it is determined that the opportunity does not interfere with school system employment."

A Florida Commission on Ethics analysis noted that, according to Ostanik, it's not unusual for job opportunities at outside businesses to be posted at school district transportation compounds.

"While Ruperto did not return (to Marion County Public Schools) as a school bus driver, there is insufficient evidence to reflect that Respondent (James) had corrupt intent" when asking that her flyer be posted, the analysis says.

"Based on the preliminary investigation of the complaint and the recommendation of theCommission's Advocate, the Commission on Ethics finds there is no probable cause to believe the Respondent, who serves as a member of the Marion County School Board, violated Section 112.313(6), Florida Statutes, by using her position to secure a special privilege, benefit, and/or exemption for herself and/or another; and finds there is no probable cause to believe that the Respondent violated Article II, Section 8(h)(2), Florida Constitution, by using her position to obtain a disproportionate benefit for herself and/or her business, as alleged in the complaint," the commission's chairman wrote in a public report dated March 12.

"Accordingly, this complaint is dismissed with the issuance of this public report."

James requested school district bus driver information

In July, James sent an email to School Superintendent Diane Gullett asking for the number of bus driver vacancies.

Barbara Dobbins, senior executive director of operations, emailed all board members noting that, as of mid-July, the district had 237 drivers ready for the first day of school, seven temporary drivers ready for the beginning of the school term, and six drivers in training that "should be completed and ready to drive by the start of school." The district had another nine applicants in the hiring process, and three people scheduled for interviews.

According to Thrower's complaint, "It is suspected that James requested this information for the planning purpose of hiring MCPS current bus driver, Michelle Ruperto."

The Commission on Ethics noted that it can only investigate complaints that are based on a person's direct knowledge or information other than hearsay. In this case, Thrower was speculating on James' intent.

But even if an investigation of that allegation was warranted, James did not misuse her office, the commission's executive director wrote in a commission filing.

"Even accepting as true that the Respondent (James) asked for statistics concerning the number of bus driver vacancies, and even considering on the merits that she subsequently hired a district driver for her private business, there may have been a public purpose for the respondent's request, namely to verify if the district had sufficient drivers to meet its needs," the official wrote, adding that James' request was made using her district email account.

Social media post during a board meeting

As for the social media post: In her complaint, Thrower noted that James published the post — which celebrated Kid City USA securing accreditation — at the same time a school board meeting was in session.

Ironically, according to Thrower, James published her post during a portion of the meeting when the rest of the board was discussing whether to file an ethics complaint against her in another matter: the controversial process of selecting a construction management company for the district's new high school.

Thrower's complaint alleges that "while being paid from taxpayers as an elected school board member, James is conducting personal business while on the dais."

But, again, the ethics commission's executive director said there was no jurisdiction for the commission to even investigate this claim.

James, as an elected officer, "has discretion on how to use her time during the performance of her duties," the executive director wrote. "This is distinguishable from public employees, who must perform required duties during the time allotted by their agency."

The official continued: "While it may have been advisable for the Respondent not to privately post during the board meeting, it cannot be said that this action — which likely involved only an incidental use of the Respondent's time — constitutes the type of 'corrupt' conduct that would violate" state law.

Contact Austin L. Miller at austin.miller@starbanner.com

A major development — including several types of housing, commercial space, and perhaps even two hotels — could be coming to southwest Ocala.

The first step for the property owner, KAS Ocala LLC, was to hold a legally required neighborhood meeting. That happened Feb. 17 at the College of Central Florida's Webber Center, where the owner's representatives answered residents' questions and provided aerial maps of the property, which is west of Southwest 38th Avenue, south of Southwest 20th Street and has Southwest 43rd Court (also known as Southwest 44th Avenue) running up the middle.

The project measures about 250 acres. Single-family homes are set for the western edge. The eastern edge, close to Interstate 75, is reserved for two hotel sites and 50 acres of commercial/retail.

In between are blocks for retail/multifamily/commercial, townhomes, villas and multifamily residential.

The owner will be submitting its application to revise the PD (planned development) zoning to city of Ocala staff soon, according to a KAS Ocala LLC representative who spoke at the community meeting.

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City staff will study the proposal and eventually recommend approval or denial to the city's Planning & Zoning Commission. That commission then will have a recommendation of its own. The Ocala City Council will have the final say.

More real estate information:How much did that house sell for? Deed transfers in Ocala/Marion: Dec. 23-29, 2024

The audience on Feb. 17 was told that this land was contemplated for development 15 to 20 years ago but the plans never materialized.

KAS Ocala LLC's manager is Kenneth A. Steel Jr. of Miami Beach, according to the state Division of Corporations.

Ransome Group Investors bought the land in 2005 and KAS was a limited partner and co-general partner. The property went into foreclosure and KAS worked out a deal with the lender, RBC, to purchase the note out of foreclosure in 2016, according to court and property records.

The land has sat vacant since then. Government has been widening 44th Avenue, which eventually will be a full bypass from State Road 326 to the north to State Road 200 to the south.

jross@gannett.com

State lawmakers are making decisions that touch your life, every day. Like how roads get built and why so many feathers get ruffled over naming an official state bird. Your Florida is a reporting project that seeks to help you grasp the workings of state government.

Florida officials say Interstate 75 around Ocala has some of the worst traffic in the state. But drivers may see relief in coming years.

Gov. Ron DeSantis broke ground Tuesday on $541million project that will add more interstate lanes in the area.

“That obviously is a big win for people,” DeSantis said at a news conference at Don Garlits Museum of Drag Racing in Ocala.

The project, expected to last several years, will widen more than 31 miles of I-75, from Wildwood in Sumter County to State Road 326 in Marion County. A lane will be added in each direction.

DeSantis noted that the stretch of road was “one of the most used — if not the most used — tourist corridors,” but added the expansion would also help during hurricane evacuations.

DeSantis said it was happening 10 to 15 years ahead of schedule, funded through the Moving Florida Forward Infrastructure Initiative. The initiative was created during the 2023 legislative session using $4 billion in state surplus funds.

That money has led to other expedited projects. Some of those include adding express lanes along I-4 in Polk and Osceola counties, improving the I-75 interchange at Fruitville Road in Sarasota and redesigning the Golden Glades I-95 interchange in Miami-Dade County.

DeSantis also said Tuesday that work had begun on an I-75 interchange in Ocala off Northwest 49th Street. That's where a new location of Buc-ee's is slated to open.

“It's like the Shangri-La of service stations,” DeSantis said of the popular chain, while noting the project will have a “major economic impact."

This story was produced by WUSF as part of their statewide journalism initiative funded by the Corporation for Public Broadcasting.