Grand Jury Reports

2008

The Grand Jury of Jackson County, 2008

INDICTMENT

COUNT I: FIRST DEGREE MURDER (FIREARM)

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF FLORIDA:

THE GRAND JURORS of the State of Florida, impaneled and sworn to inquire and true presentment make in and for the body of the County of Jackson, upon their oath do present that DANNY TYRONE JACKSON, on or about April 6, 2008, in JACKSON COUNTY, Florida, did unlawfully kill a human being, to-wit: Lonnie L. Baxter, while perpetrated from a premeditated design to effect the death of the said Lonnie L. Baxter, or any human being, by shooting the victim with a shotgun, a firearm, as defined in Florida Statute 790.001, contrary to Sections 782.04 and 775.087, Florida Statutes, in such cases made and provided and against the peace and dignity of the State of Florida.


COUNT II: ATTEMPTED FIRST DEGREE MURDER (FIREARM)

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF FLORIDA:

THE GRAND JURORS of the State of Florida, impaneled and sworn to inquire and true presentment make in and for the body of the County of Jackson, upon their oath do present that DANNY TYRONE JACKSON, on or about April 6, 2008, in JACKSON COUNTY, Florida, did unlawfully attempt to kill a human being, Gianna Simmons, by shooting her with a shotgun, a firearm, as defined in Florida Statute 790.001, and the attempted killing was perpetrated from or with a premeditated design or intent to effect the death of Gianna Simmons, but Danny Tyrone Jackson failed in the perpetration or was intercepted or prevented in the execution of said offense, contrary to Sections 775.087 and 777.04 and 782.04, Florida Statutes, in such cases made and provided and against the peace and dignity of the state of Florida.


A TRUE BILL

PRESENTED IN OPEN COURT BY THE GRAND JURY AND FILED THIS
DAY OF MAY, 2008.

2007

The Grand Jury of Bay County, Florida  Fall Term, 2007


PRESENTMENT

The Grand Jury of Bay County, Florida, being duly and legally convened and advised, and having heard testimony and having been advised as to the applicable law, does hereby make the following findings of fact:

On February 21, 2007, Camilla Wright Merville was sentenced to five years probation, under the supervision of the Florida Department of Corrections(FDOC), for the crime of Uttering a Forged Instrument, a third degree felony. Correctional Probation Officer Monica Pennington was assigned supervision of Ms. Merville.

Camilla Merville was in violation status, accused of moving without permission, leaving the county without permission, use of controlled substances, giving untruthful responses to questions from the probation officer, failure to pay restitution, and failure to perform community service work.


On June 18, 2007, Officer Pennington, while making routine home visits, went to 1202 W. 22nd Street, looking for Ms. Merville. Ms. Merville appeared and was advised that there was a warrant for her arrest and that she should sit down and wait for a uniformed officer to arrive. Ms. Merville, who appeared to have an object in her hand, attempted to go into the residence but was not allowed to do so. A struggle ensued, initiated by Ms. Merville.

It was not consistent with officer safety to allow Ms. Merville to enter the residence. Officer Pennington complied with Department of Corrections policy and procedures as well as Florida Statutes and applicable case law related to use of force.

We specifically find that Officer Pennington used the force necessary and reasonable under the circumstances she faced on that night. The physical evidence, including injuries to Officer Pennington, and the evidence received in the way of recorded telephone calls, corroborated other testimony received and fully justifies the use of deadly force.

We did receive testimony contrary to our findings of fact. We find that testimony not to be credible.

This presentment is the unanimous finding of this Grand Jury, dated this 13th day of December, 2007.

Foreman

This Grand Jury was duly advised as to all applicable law by a duly designated and sworn Assistant State Attorney.

Mark Graham, Assistant State Attorney

INDICTMENT OF WESLEY WILLIAMS, JACKSON COUNTY, FLORIDA

At the Fall Term hereof,

In the Year of Our Lord,
Two Thousand Seven
I N D I C T M E N T

Count I: First Degree Murder

In the Name and by the Authority of the State of Florida:

The Grand Jurors of the State of Florida, impaneled and sworn to inquire and true presentment make in and for the body of the County of Jackson, upon their oath do present that WESLEY JONATHAN WILLIAMS on or about the 17th day of March, 2005, in Jackson County, Florida, did unlawfully, and from a premeditated design or intent to effect the death of Aaron Urion Baker, a human being, did kill and murder Aaron Urion Baker by asphyxiation, and/or did unlawfully kill Aaron Urion Baker, a child under the age of 18 years, while WESLEY JONATHAN WILLIAMS was engaged in the perpetration of or in an attempt to perpetrate aggravated child abuse or the murder of another human being, or did aid, abet, counsel, hire, or otherwise procure such offense to be committed in violation of Sections 777.011 and 782.04(1), Florida Statutes, in such cases made and provided against the peace and dignity of the State of Florida.

Count II: First Degree Murder

In the Name and by the Authority of the State of Florida:

The Grand Jurors of the State of Florida, impaneled and sworn to inquire and true presentment make in and for the body of the County of Jackson, upon their oath do present that WESLEY JONATHAN WILLIAMS on or about the 17th day of March, 2005, in Jackson County, Florida, did unlawfully, and from a premeditated design or intent to effect the death of Amarion Deontae Baker, a human being, did kill and murder Amarion Deontae Baker by asphyxiation, and/or did unlawfully kill Amarion Deontae Baker, a child under the age of 18 years, while WESLEY JONATHAN WILLIAMS was engaged in the perpetration of or in an attempt to perpetrate aggravated child abuse or the murder of another human being, or did aid, abet, counsel, hire, or otherwise procure such offense to be committed in violation of Sections 777.011 and 782.04(1), Florida Statutes, in such cases made and provided against the peace and dignity of the State of Florida.

Count III: First Degree Murder

In the Name and by the Authority of the State of Florida:

The Grand Jurors of the State of Florida, impaneled and sworn to inquire and true presentment make in and for the body of the County of Jackson, upon their oath do present that WESLEY JONATHAN WILLIAMS on or about the 17th day of March, 2005, in Jackson County, Florida, did unlawfully, and from a premeditated design or intent to effect the death of Ahmaad Dominique Baker, a human being, did kill and murder Ahmaad Dominique Baker by asphyxiation, and/or did unlawfully kill Ahmaad Dominique Baker, a child under the age of 18 years, while WESLEY JONATHAN WILLIAMS was engaged in the perpetration of or in an attempt to perpetrate aggravated child abuse or the murder of another human being, or did aid, abet, counsel, hire, or otherwise procure such offense to be committed in violation of Sections 777.011 and 782.04(1), Florida Statutes, in such cases made and provided against the peace and dignity of the State of Florida.

Count IV: First Degree Murder

In the Name and by the Authority of the State of Florida:

The Grand Jurors of the State of Florida, impaneled and sworn to inquire and true presentment make in and for the body of the County of Jackson, upon their oath do present that WESLEY JONATHAN WILLIAMS on or about the 17th day of March, 2005, in Jackson County, Florida, did unlawfully, and from a premeditated design or intent to effect the death of Athenia Danielle Baker, a human being, did kill and murder Athenia Danielle Baker by shooting her with a firearm, and/or did unlawfully kill Athenia Danielle Baker, a human being, while WESLEY JONATHAN WILLIAMS was engaged in the perpetration of or in an attempt to perpetrate aggravated child abuse or the murder of another human being, or did aid, abet, counsel, hire, or otherwise procure such offense to be committed in violation of Sections 775.087, 777.011 and 782.04(1), Florida Statutes, in such cases made and provided against the peace and dignity of the State of Florida.

Count V: Aggravated Child Abuse

In the Name and by the Authority of the State of Florida:

The Grand Jurors of the State of Florida, impaneled and sworn to inquire and true presentment make in and for the body of the County of Jackson, upon their oath do present that WESLEY JONATHAN WILLIAMS on or about the 17th day of March, 2005, in Jackson County, Florida, did unlawfully commit aggravated child abuse upon Aaron Urion Baker, a child under the age of 18 years, by willfully torturing Aaron Urion Baker, or by knowingly or willfully committing child abuse upon Aaron Urion Baker and in doing so caused great bodily harm by placing duct tape over the mouth and nose of Aaron Urion Baker, or did aid, abet, counsel, hire, or otherwise procure such offense to be committed in violation of Sections 777.011 and 827.03(2), Florida Statutes, in such cases made and provided against the peace and dignity of the State of Florida.


Count VI: Aggravated Child Abuse

In the Name and by the Authority of the State of Florida:

The Grand Jurors of the State of Florida, impaneled and sworn to inquire and true presentment make in and for the body of the County of Jackson, upon their oath do present that WESLEY JONATHAN WILLIAMS on or about the 17th day of March, 2005, in Jackson County, Florida, did unlawfully commit aggravated child abuse upon Amarion Deontae Baker, a child under the age of 18 years, by willfully torturing Amarion Deontae Baker, or by knowingly or willfully committing child abuse upon Amarion Deontae Baker and in doing so caused great bodily harm by placing duct tape over the mouth and nose of Amarion Deontae Baker, or did aid, abet, counsel, hire, or otherwise procure such offense to be committed in violation of Sections 777.011 and 827.03(2), Florida Statutes, in such cases made and provided against the peace and dignity of the State of Florida.

Count VII: Aggravated Child Abuse

In the Name and by the Authority of the State of Florida:

The Grand Jurors of the State of Florida, impaneled and sworn to inquire and true presentment make in and for the body of the County of Jackson, upon their oath do present that WESLEY JONATHAN WILLIAMS on or about the 17th day of March, 2005, in Jackson County, Florida, did unlawfully commit aggravated child abuse upon Ahmaad Dominique Baker, a child under the age of 18 years, by willfully torturing Ahmaad Dominique Baker, or by knowingly or willfully committing child abuse upon Ahmaad Dominique Baker and in doing so caused great bodily harm by placing duct tape over the mouth and nose of Ahmaad Dominique Baker, or did aid, abet, counsel, hire, or otherwise procure such offense to be committed in violation of Sections 777.011 and 827.03(2), Florida Statutes, in such cases made and provided against the peace and dignity of the State of Florida.

PRESENTED in Open Court by the Grand Jury and filed this 13TH day of December, 2007.
 

THE GRAND JURY OF BAY COUNTY, FALL TERM, INDICTED ROBERT NATHAN STURDIVANT FOR FIRST DEGREE FELONY MURDER AND AGGRAVATED CHILD ABUSE.

Count I: First Degree Felony Murder
Section 782.04, Florida Statutes

In the Name and by the Authority of the State of Florida:

The Grand Jurors of the State of Florida, impaneled and sworn to inquire and true presentment make in and for the body of the County of Bay, upon their oath do present that Robert Nathan Sturdivant, on or about the 9th day of November, 2007, in Bay County, Florida, did unlawfully, while engaged in the perpetration of, or in the attempt to perpetrate Aggravated Child Abuse, kill and murder Isaiah Howard, a human being, by slapping Isaiah Howard into a wall causing him to die, in violation of Section 782.04(1)(a), Florida Statutes, in such cases made and provided against the peace and dignity of the State of Florida.

Count II: Aggravated Child Abuse
Section 827.03, Florida Statutes

In the Name and by the Authority of the State of Florida:

The Grand Jurors of the State of Florida, impaneled and sworn to inquire and true presentment make in and for the body of the County of Bay, upon their oath do present that Robert Nathan Sturdivant, on or about the 9th day of November, 2007, in Bay County, Florida, did unlawfully commit aggravated child abuse upon Isaiah Howard, a child under the age of 18 years, by willfully torturing and/or maliciously punishing Isaiah Howard, or by knowingly or willfully committing child abuse upon Isaiah Howard and in doing so caused great bodily harm, permanent disability, or permanent disfigurement, to-wit: Robert Nathan Sturdivant did slap Isaiah Howard into a wall which caused him to die, in violation of Section 827.03(2), Florida Statutes, in such cases made and provided against the peace and dignity of the State of Florida.

Presented this 30th day of November, 2007.

ARTHUR G. DOZIER SCHOOL FOR BOYS' STAFF MEMBER JUSTIFIED IN THE USE OF FORCE REQUIRED TO INSURE THE PROTECTION AND SAFETY OF HIMSELF AND OTHERS.

The Grand Jury of the State of Florida and County of Jackson, emplaneled and sworn in July, 2007, to inquire and true presentment make, in and for the Spring Term 2007, respectfully report the following:

In an incident of Arthur G. Dozier Shcool for Boys on February 11, 2007 where staff member, Alvin Speights, alledgedly battered or used excessive force on juvenile offender, J.C., and having taken testimony and reviewed video and photographic evidence, we the Grand Jury find that Alvin Speights was justified in the use of force required to insure the protection and safety of himself and others and that no criminal charges are warranted against Alvin Speights.

Presented this 14th day of September, 2007. 

 

JACKSON COUNTY CORRECTIONAL FACILITY STAFF MEMBER USED ONLY FORCE NECESSARY FOR SELF-PROTECTION AND THE PROTECTION OF OTHER INMATES AND OFFICERS.

The Grand Jury of the State of Florida and County of Jackson, empaneled and sworn in July, 2007, to inquire and true presentment make, in and for the Spring Term, 2007, respectfully report the following:

In an incident at the Jackson County Correctional Facility on March 10, 2007 where staff member, Phillip Jefferson Winget, allegedly battered or used excessive force on inmate, B.M., and having taken testimony and reviewed video evidence, we the Grand Jury find that Phillip Jefferson Winget used only the force necessary for self-protection and the protection of other inmates and correctional officers and that no criminal charges are warranted against Phillip Jefferson Winget.

Presented this 14th day of September, 2007.

 

SHOOTING DEATH OF CHRISTOPHER SIMPSON BY SERGEANT MARTY WILLIAMS OF THE BAY COUNTY SHERIFF'S OFFICE.


The Grand Jury of the State of Florida and County of Bay, for the Fall Term was convened this 27th day of August, 2007, and received testimony related to the shooting death of Christopher Simpson on June 2, 2007. This evidence reveals the following

1. Deputies with the Bay County Sheriff’s Office became involved initially by assisting the Walton County Sheriff’s Office in attempts to locate a stolen vehicle and its occupants, who were also believed to be responsible for other thefts and burglaries.

2. During the afternoon hours of June 2, 2007, in response to a citizen’s call, deputes again responded in an effort to locate a subject matching the description of the subject sought in connection with the stolen automobile and burglary.

3. Sergeant Marty Williams with the Bay County Sheriff’s Office, was one of the responding officers and after establishing a surveillance point, spotted Christopher Simpson and took appropriate steps to take Simpson into custody.

4. Sergeant Williams utilized verbal commands, and was preparing to utilize a non-lethal weapon (Tazer) when Simpson turned and fired two rounds from a .38 caliber revolver.

5. Sergeant Williams immediately dropped to the ground and met Simpson’s use of deadly force with the same level of force by returning fire.

6. As a result, Simpson suffered four gunshot wounds. While not immediately fatal, Simpson later succumbed to his wounds.

The Grand Jury finds Sergeant Williams acted appropriately and exemplifies the highest standards of Law Enforcement. He only used deadly force in response to being fired upon by Simpson.

We specifically find that the death of Christopher Simpson was a justifiable homicide.

MURDER OF MELLIE MCDANIEL AND DEPUTY MIKE ALTMAN

The Grand Jury of the State of Florida and County of Jackson, empaneled and sworn in November, 2006, to inquire and true presentment make, in and for the Fall Term, 2006, respectfully report the following:

On January 30, 2007, Mellie McDaniel was driving home from the grocery store. She was going to prepare a meal for her husband and grandchildren. While speaking with her husband, Sheriff John McDaniel, on a direct connect mobile telephone, Mellie McDaniel reported that a car had followed her into the driveway of their home. Moments later, Sheriff McDaniel heard his wife voice a long scream over the radio telephone. At approximately 4:49 p.m. Sheriff McDaniel, immediately using his sheriff’s radio, requested that officers in the area respond to his residence.


Deputy Mike Altman, being approximately two miles away was closest to the scene, and immediately drove there arriving at approximately 4:51 p.m. Sheriff McDaniel, Captain Joey Rabon, and Corporal Billy Dozier, coming from different locations, all drove toward the house in line on Highway 73. As the three officers reached the intersection of Highway 90 and Highway 73, Deputy Altman called in a Michigan license plate inquiry to sheriff’s dispatch. Moments later, Deputy Altman again keyed his radio and stated “get off me!” There was no further radio traffic from Deputy Altman.

At approximately 4:53 p.m., Sheriff McDaniel, Captain Rabon, and Corporal Dozier arrived at the scene simultaneously. Visible to the Sheriff and his Deputies were Mrs. Mellie McDaniel’s Lincoln Town Car facing West in a driveway behind the house, a tan Ford Crown Victoria facing Northwest behind and blocking Mrs. McDaniel’s car, and Deputy Altman’s marked patrol car facing South behind the tan Ford Crown Victoria.


Sheriff McDaniel stopped his car to the North of the tan Ford Crown Victoria. Sheriff McDaniel got out of his car, unarmed, and immediately moved toward his home in an effort to locate his wife. Captain Rabon and Corporal Dozier parked on opposite sides of Sheriff McDaniel’s car and exited their cars.


An unknown male assailant wearing camouflage clothing, subsequently identified as Lionel Sands, was observed by Sheriff McDaniel, Captain Rabon and Corporal Dozier running towards the tan Ford Crown Victoria from the area of Mrs. McDaniel’s car. The assailant was observed by Sheriff McDaniel, Captain Rabon and Corporal Dozier to point and fire a handgun directly at Sheriff McDaniel. Captain Rabon and Corporal Dozier observed Sheriff McDaniel fall out of sight and both deputies returned fire.


Captain Rabon, who was at a different angle from Corporal Dozier, provided covering or suppressing fire with his weapon attempting to strike the Assailant Sands, who continued firing at the Deputies and Sheriff McDaniel from a concealed position behind his Ford car. Corporal Dozier, from a clear perspective, fired at Assailant Sands and continued firing until the subject was on the ground. Another unknown male assailant, later identified as Daniel Brown, then appeared to the deputies, pointing a .22 caliber semi-automatic pistol at the area in which Sheriff McDaniel had last been seen. Corporal Dozier fired at Assailant Brown and continued firing until this subject was on the ground.


Assailant Sands was shot in the neck, in the underarm, in the leg, and in the lower abdomen. Assailant Brown was shot in the underarm and twice in the abdomen. All projectiles were recovered from the assailants bodies and were fired by Corporal Dozier’s .40 caliber handgun.

The deputies then checked Assailant Sands and determined that he was dead. Assailant Brown was severely wounded but still alive. He was secured with handcuffs but did not make any statements before dying at the scene.

Assailant Sands was wearing camouflage, combat boots, and was disguised by a wig and false moustache and facial cosmetic make-up. Assailant Brown was dressed in a suit and tie and hat.

The deputies then moved toward the residence and saw Deputy Altman and Mellie McDaniel lying in front of Mrs. McDaniel’s car. Upon closer inspection, Mellie McDaniel was found lying next to Deputy Altman. Neither showed any apparent sign of life, but were moved to a safe point to attempt life saving measures. Emergency medical personnel quickly came to the scene and transported Mellie McDaniel and Deputy Mike Altman to Jackson Hospital where they were pronounced dead.

Deputy Altman’s response to Mrs. McDaniels’ cry for help was speedy, without hesitation and without regard to his personal safety. He died attempting to protect and serve the people of Jackson County to whom he had sworn to protect and serve.

An on-scene search of the Assailant Sands car revealed a number of items, which, taken in light of the events of January 30th, indicated the presence of an elaborate plot or plan in the minds of the assailants. Recovered were several boxes of ammunition, latex gloves, bleach, duct tape, shopping bags, a handcuff key, and flexible cuffs. This is evidence that the quick and heroic actions of Jackson County Sheriff McDaniel and Deputies Dozier, Rabon and Altman thwarted a plan of terror and mayhem.

The medical examiner for the 14th Circuit found that Mrs. McDaniel was killed by a .38 caliber gunshot to the back of her head which was inflicted while she was in a kneeling position. A nonfatal gunshot wound was inflicted to Deputy Altman’s face, exiting his neck. This projectile was recovered for comparison purposes. Two additional .38 caliber projectiles were removed from the body of Deputy Altman. The forensic medical evidence indicates these two fatal wounds were inflicted while Deputy Altman’s back was on the ground.

Those projectiles recovered from both Mrs. McDaniel and Deputy Altman, were examined by the Florida Department of Law Enforcement, Crime Laboratory, and were determined to have been fired by the .38 caliber Smith and Wesson handgun seen in the hands of and found at the feet of Assailant Lionel Sands.

Assailant Sands also was in possession of a .38 caliber Taurus handgun. Examination of the weapons showed that Sands fired a total of nine shots, that evening.

A full and complete investigation has revealed no credible evidence of the culpability or involvement of any other persons in this criminal episode. While speculation as to the motives of the two murderers may exist, their ill conceived and evil motive died with them.

It was only due to the rapid and appropriate response of Sheriff McDaniel, Captain Joey Rabon and Corporal Billy Dozier, of the Jackson County Sheriff’s Office, that there was not greater loss of life. It appears that Sheriff McDaniel was a target. The heroic actions of Captain Rabon and Corporal Dozier saved his life and possibly the lives of others.

In just a few, brief but violent moments, these two assailants disrupted with tragic effect, the peace and tranquility of this County. There is now no doubt whatsoever that Assailant Lionel Sands and Assailant Daniel Brown were responsible for the senseless murders of Mellie McDaniel and Deputy Mike Altman. We find that the actions of Captain Rabon and Corporal Dozier, under the extreme pressure of seeing the Sheriff of Jackson County under fire and faced with two armed men, heroic and deserving of appreciation from all law-abiding citizens.

The Grand Jury of Jackson County also commend the efforts and assistance provided by our neighboring counties and their respective law enforcement agencies during the initial response and subsequent investigation of this tragic criminal episode.

DEPUTY STEVE RETHERFORD

The Grand Jury of Bay County, Florida, Spring Term, 2007, having heard testimony and considered evidence presented, find that Deputy Steve Retherford, Bay County Sheriff’s Office, was justified in the use of deadly force on October 11, 2006.

On that date, after six p.m., officers from the Bay County Sheriff’s Office were assisting the officers of the Panama City Police Department in investigating the ongoing problem of illegal drug sales in the PanaVilla/Macedonia housing complex. It was a dark, hazy night with amber lighting provided by apartment lights and a few street lights. Officers of the Panama City Police Department had made drug purchases from two male subjects and requested the assistance of the Sheriff’s Special Investigations Unit. Lt. Faith Bell, Deputy Steve Retherford, and other deputies arrived on the scene to look for the two described subjects. When one of the subjects saw the officers–who had badges and other indicia of lawful authority displayed–he ran. Officers, including Lt. Bell, pursued the man on foot. The pursuit moved through a breezeway, past children and other residents. Lt. Bell closed to within eight to ten feet of the subject when he pointed the gun in her direction and fired. Lt. Bell stopped to draw her weapon and the subject fired again. Lt. Bell slowed to take protective cover.

At the same time, Deputy Retherford took up a flanking position and witnessed the gunfire. He and other officers identified themselves by shouting, “Sheriff’s Office” and “police officer.” The subject was armed and had an unknown quantity of ammunition. He continued to present a real and continuing threat to the officers and to the children and others in the complex at the time. When the subject turned and aimed at Deputy Retherford, the Deputy fired two shots which hit the subject. The subject went to the ground and an object flew from his person.

Lt. Bell, believing that the object was the firearm, ran to the subject and found that he had been shot. The object that Lt. Bell found was a cell phone. The subject’s firearm was found nearby.

Use, by a law enforcement officer, of any force is justified if he reasonably believes such force is necessary to defend himself or another from bodily harm while making an arrest. A law enforcement officer is also justified in using whatever force is necessary to stop a felon fleeing from arrest when the officer reasonably believes that the fleeing felon presents a threat of death or serious physical harm to the officer or others.

Considering all of the circumstances which surrounded Deputy Retherford at the time, we find that the use of deadly force was in an effort to protect fellow law enforcement officers and the citizens present at the time. The subject had fired at one officer and pointed his weapon at another. He continued to constitute a threat. Deputy Retherford’s actions were not only legally justified; but necessary and proper.

Presented this 21st day of February, 2007, by the Grand Jury of Bay County, Florida, Spring Term, 2007.

2006

WASHINGTON COUNTY: NORTHWEST FLORIDA HEALTHCARE INC.

The Grand Jury of the State of Florida and County of Washington, empaneled and sworn in May, 2006, to inquire and true presentment make, in and for the Spring term, 2006, respectfully reports the following:

Pursuant to a citizen inquiry, this Grand Jury has conducted an extensive investigation into the selection process in 2003 by the Washington County Board of County Commissioners (WCBCC) in 2003 to lease Northwest Florida Community Hospital (Hospital) to Northwest Florida Healthcare Inc. (NFHI). This investigation has examined the activities and decisions of elected officials of Washington County, hospital administrators and appointed members of the Hospital Board of Trustees. The following findings by this Grand Jury are based upon this testimony of witnesses to their activities, the review of contemporaneously created documents and additional records which have been compiled and prepared to supplement the testimony of witnesses.
The Hospital was constructed in 1977. For the most part it has operated as a self-sufficient county owned and operated hospital. It has been governed by a Board of Trustees that consisted
of all five members of the WCBCC, the Chief of Staff and a Washington County citizen. On January 28, 1999, the hospital Board of Trustees made a decision to contract with Sacred Heart Health Systems (Sacred Heart) to manage the Hospital for five years. Under the terms of that agreement, Sacred Heart would provide an administrator to oversee the day to day operations of the Hospital, improve the quality of health care in the emergency room and implement policies to expand the types of medical services available to the citizens of Washington County. During Sacred Heart’s management, the quality of health care improved in the emergency room and other areas of the Hospital. State of the art equipment was purchased and new physicians were recruited to the area. A new Health & Wellness Center was built that houses a dialysis facility and a fully equipped physical therapy department. However, by 2002, the Hospital was in a financial crisis. It was reporting average monthly losses of $113,279.00. Expenses exceeded revenues that year for a net loss of $1,359,34. The financial losses for 2003 were worse.
Several factors contributed to the Hospital’s financial problems. For example, some of the local physicians opposed Sacred Heart’s new style of management and boycotted the hospital by refusing to refer or admit patients. Additionally, Federal legislation intended to balance the budget began to impact rural hospitals in 2000 and resulted in significant reductions in medicare payments. Even the home-health care portion of the Hospital that had been financially successful saw dramatic decreases in profits.
When the Hospital’s expenses began to exceed revenues, the deficits were paid from the hospital’s reserve funds. Each month, the Hospital Board of Trustees reviewed and approved the expenditure of funds necessary to keep the hospital open. As a result, all funds were spent either with the approval or knowledge of each County Commissioner. By the end of 2002, the Hospital’s cash reserves had dropped below $300,000. The WCBCC were told by Sacred Heart officials the Hospital would close within months if alternative sources of funds were not located to pay the Hospital’s bills and to make necessary repairs and renovations. Although, the Commissioners wanted to continue to provide local health care for the residents of Washington County, they were unwilling to implement any new tax to support the Hospital. We note here, that the WCBCC had invested only $100,000 in the Hospital during its twenty-six year history.
In November 2002, the WCBCC began to consider the options of selling or leasing the Hospital. On February 19, 2003, the request for proposals to manage, lease or purchase the Hospital was publicly advertised. Four companies responded to the request and ultimately two appeared before the WCBCC to explain their proposals. On April 8, 2003, by a vote of three to two the WCBCC reflected Sacred Heart’s proposal and thereafter entered into negotiations to sell the Hospital. Before those negotiations were completed, Sacred Heart withdrew their proposal on September 10, 2003, because they determined the Hospital needed an estimated $10,000,000 in renovations.
The WCBCC issued the second request for proposals on September 22, 2003. This time five companies responded, three of which made presentations to the Commissioners at the November 3, 2003 meeting. During that public meeting, the differences between the companies and their experience became evident. Blackhawk Healthcare proposed to lease the Hospital for $500,000 a year for twenty-five years with an option to purchase the Hospital at any time for the amount of the Hospital’s long term debt. Likewise, Resurgence Health Group proposed to lease the hospital for at least twenty years. It also contained an option to purchase the hospital for its fair market value. In contrast, NFHI proposed to lease the hospital for forty years that could be terminated by either party at any time for cause. An essential condition of the proposal required the WCBCC to loan $3.2 million dollars to the Hospital to be used for necessary capital improvements and for the recruitment of new physicians to the area. A majority of the Commissioners had serious reservations about the lack of experience and the ultimate intentions of Blackhawk and Resurgence. The financial stability of Blackhawk was called into question and Resurgence was required to explain its history of buying and selling hospitals. However, those same Commissioners were impressed with the experience and familiarity of NFHI’s owner and Chief Executive Officer. Under the NFHI proposal there was not an option to purchase the Hospital and an agreement was reached that insured neither, the Hospital nor any of its beds would be moved to another county. At the November 3, 2003, meeting the WCBCC voted three to two to enter into negotiations to lease the Hospital to NFHI.
The WCBCC met on December 18, 2003, and voted three to two to borrow $3.2 million for capital improvements for the Hospital. During the next meeting on December 30, 2003, the Commissioners approved the lease of the Hospital to NFHI, again by a vote of three to two.
NFHI assumed control of the Hospital in March 2004. Since that time it has assumed the liability for the repayment of the loan and has properly accounted for the expenditure of the loan proceeds to the Washington Board of County Commissioners as required in the lease agreement.

WAS THE LEASING OF THE HOSPITAL
TO NFHI AUTHORIZED BY LAW?

The Washington County Board of County Comissioners acted within their discretion and authority when they voted three to two to lease Northwest Florida Community Hospital to Northwest Florida Healthcare, Inc. on December 30, 2003, under Section 125.35 and Section 155.40 of the Florida Statutes.
The WCBCC publicly advertised the request for proposals as well as the meetings at which the proposed lease was considered. A review of the minutes from the Commission meetings in 2003 indicates the proposal to lease the Hospital to NFHI was debated at several of the public meetings by the commissioners and the citizens of Washington County. Prior to the vote that approved the lease of the Hospital, three of the five commissioners found that the lease was in the best interest of the county and stated the reasons for their decisions. The lease was approved by a vote of 3-2 at the WCBCC meeting on December 30, 2003.
The Grand Jury finds no evidence of wrongdoing on the part of any of the Washington County Board of County Commissioners in regard to authorizing the lease of the Hospital to Northwest Florida Healthcare, Inc.

WHY WAS NORTHWEST FLORIDA
HEALTHCARE, INC. AWARDED THE
HOSPITAL LEASE?

By 2003, the Hospital was facing a financial crisis and on the verge of closing its doors. The
Washington County Board of County Commissioners were unwilling to burden the citizens of Washington County with taxes to support the Hospital. However, they wanted to provide good healthcare for the local residents without losing total control of the Hospital.
NFHI was one of three entities competing to lease the Hospital. The President and Chief Executive Officer of NFHI had an extensive healthcare background, was personally familiar with the day to day operations of the hospital (because he was the hospital administrator at the time), and was also respected by a great majority of the hospital employees. The Grand Jury, in questioning him, found him to be exceptionally honest and extremely qualified. The proposal by NFHI also contained provisions to protect the hospital employees retirement plans and benefits. However, it did not contain an option to purchase the hospital.
The three Commissioners who voted in favor of the leasing the Hospital to NFHI expressed their apprehension about the lack of experience of Blackhawk & Resurgence in managing hospitals and the options to purchase in their proposals.
On the surface, the proposals by Blackhawk & Resurgence appeared to offer more financial incentives for Washington County. But, a majority of the Commissioners were sincerely concerned that the other proposals would allow the Hospital to be purchased and then resold without any input or control of the County Commission. They stated time after time, they were more interested in having a hospital in our community that provided quality healthcare than in selling the hospital to a company which appeared more interested in making a profit than providing good healthcare.
We find, the Commissioners ultimately voted to lease the Hospital to NFHI because they genuinely believed this was the best way to provide the residents of Washington County with quality healthcare without our increasing taxes.
The Grand Jury finds no evidence of wrongdoing or impropriety on behalf of the Washington County Board of County Commissioners in awarding the Hospital lease to Northwest Florida Hospital Healthcare, Inc.

WAS IT NECESSARY TO LOAN $2.9 MILLION TO
THE HOSPITAL PRIOR TO LEASING IT TO
NORTHWEST FLORIDA HEALTHCARE, INC.?

The Hospital was built in 1977. Other than a major repair of the roof in early 1990's there had been few improvements to modernize and upgrade the facility. By 2003, the Hospital needed major renovations. For example, the emergency room was small and outdated, the roof and walls were leaking, and the medical gas line and parking lot needed repairs. Additionally, new physicians needed to be recruited to the area to expand the medical services offered locally and thereby increase patient volume. These repairs were necessary to the continued existence of our Hospital. As one Commissioner remarked, you couldn’t expect to lease a house with a leaky roof unless you fix the roof first. Another Commissioner reasoned, that since the County had funded a new jail, library and better roads it could certainly afford to loan money to the Hospital to obtain better healthcare for Washington County residents.
When the NFHI leased the Hospital in 2004, it also assumed liability for the repayment of the loan to Washington County. As a condition of the loan and lease, the proceeds could only be used for specified capital improvements or physician recruitment. A review of the quarterly reports and an independent accountant’s report indicate all funds have been appropriately spent and accounted for.
We find the hospital was in dire need of the loan proceeds to modernize its facility and to recruit new doctors. In doing so, this enabled the hospital to continue to provide quality healthcare for our community.
The Grand Jury finds no evidence or wrongdoing on the part of any of the Washington County Board of County Commissioners for approving the loan for the Hospital.

WHAT IS THE CURRENT CONDITION OF THE HOSPITAL?

The Hospital is in the second year of a forty year lease to NFHI. It employs over 230 employees. There are currently ten physicians on staff, eight are Board certified. Under NFHI’s management, the employee turnover rate has been reduced to acceptable levels. The retirement benefits of long time employees has been protected and other employees have been offered similar benefits in a private pension plan. NFHI has spent the proceeds from the Hospital loan from the county for capital improvements and physician recruitment according to the terms of the lease. Such expenditures include $1,422,208 to renovate, expand and upgrade the emergency room; $477,792 to recruit five new physicians; and $280,891 to upgrade and seal the building exterior. A complete itemized listing is attached as Exhibit “A”. The expenditures have been independently verified by a reputable accounting firm and all required quarterly reports documenting the expenditure of the loan proceeds have been properly submitted to the WCBCC.
The Hospital is providing more care for patients than it has since 2002. It has provided over $1,000,000 in indigent (charity) care since 2004. The Hospital is also paying its vendors on a timely basis including $200,000 in property taxes to Washington County in 2005. All licenses and permits necessary for the operation of the hospital have been purchased and are current.
We find NFHI has operated the Hospital since March 2004. It has increased patient services and made major renovations and improvements, all without any additional financial burden to Washington County. The Hospital continues to provide quality healthcare for our community.
In Summary, it is the conclusion of the Grand Jury, that the Washington County Board of County Commissioners acted lawfully in what they believed to be the best interest of Washington County by authorizing concerning the loan of $2.9 million to the Hospital and the subsequent lease of the Hospital to Northwest Florida Healthcare, Inc. Although these decisions may have resulted in the defeat of two commissioners in the 2004 election and have divided our community, after careful review, we find the decision to lease the hospital to Northwest Florida Healthcare, Inc. to have been appropriate under the circumstances. Decisions concerning healthcare are too important to become political footballs, like these did. We feel the division in our Community concerning this issue resulted from a lack of communication as to the actual facts concerning this Hospital and this lease agreement. Our Hospital provides quality healthcare for our residents without imposing any new tax burden on our community. Therefore, we feel it is time for the division in our community to end over these issues and for the citizens of Washington County to support the hospital, its employees and administrators.
 

BAY COUNTY: WATER BONDS

Pursuant to a citizen inquiry, the Grand Jury has conducted an investigation into the selection of an underwriter for the Water System Refunding Bonds, Series 2005. The investigation involved the calling of numerous witnesses, of varying expertise, and the review of documents and other information from Bay County and from other political subdivisions of the State of Florida.
As the result of this investigation, the Grand Jury makes the following findings of fact:
Due to reductions in interest rates, it was advantageous to refinance the Water System Revenue Bonds, 1997 and 2000 series. By late winter or early spring, 2005, county staff, upon recommendation of the county’s financial officer, and with the agreement of the county commission, sought to refinance the previous Water System Bond issues. In a departure from the general historical practice of the county, the decision was made to seek an underwriter through a competitive process. A request for proposals was issued, with responses due, by April 13, 2005, to the county’s finance director and the financial advisor. Five firms responded to Bay County’s request for proposals for investment banking services for the refunding of water system revenue bonds. Those five firms were Advest Lebenthal, Banc of America Securities, Merchant Capital, Morgan Keegan, and Raymond James. A committee was formed to review and rate each proposal. Each company was found to be qualified to underwrite the bonds.
On April 19, 2005, the Bay County Commission, after discussion, and consultation with Bay County’s financial advisor, selected Merchant Capital, by a vote of five to zero, as the underwriter for the Water System Refunding Bonds.
On May 19, 2005, the transaction was closed, with Bay County’s financial advisor present. The principal amount of the bonds was $46,985,000.00.
The Grand Jury finds no evidence of wrongdoing or impropriety on the part of the county staff, the Bay County Commission, or the Bay County Clerk’s Office regarding this bond issue. There is no evidence that the selection of Merchant Capital as underwriter for the bonds in any way compromised the financial interests of Bay County. In fact, the selection of the underwriter was made, in the best financial interest of the county, to the company charging the lowest underwriting fee; a decision for which the Bay County Commission should be commended.
Two respected independent financial advisors were asked to review the pricing of the bonds. Each advised that Merchant Capital’s pricing resulted in interest rates comparable to or lower than other Florida issues. Volatility in the bond market, at that time, was high; with the tone of the market changing from day to day. The condition of the bond market was advantageous to the county on the day the bonds were sold. Among other factors, there was little competition from comparable issues.

The Bay County Commission has recently reviewed and adopted Debt Management Policies. These policies are “to establish conditions for use of debt and to create procedures and policies that minimize the County’s debt service and issuance cost, retain the highest practical credit rating, and maintain full and complete financial disclosure and reporting.”(attached) The policies include the use of competitive sale, in which the bond issue is advertised for a specific time and date for underwriting bids. This is different than the previous practice of negotiating with a chosen underwriter. The Grand Jury finds the adoption of these policies to be a positive step toward standardization of the bonding process. Furthermore, the opportunity for all interested underwriters to compete fairly on future issues is clearly established.
In summary, it is the conclusion of the Grand Jury, that the Board of Bay County Commissioners should be applauded regarding the refunding of the series 1997 and 2000 Water System Revenue Bonds by the issuance of the Refunding Bonds, Series 2005. This decision has resulted in the present-day savings to the taxpayers of Bay County of at least $2,525,164.00. Additionally, we find the selection of Merchant Capital, by the Board of Bay County Commissioners, to have been appropriate as the most cost effective means of realizing the obtained savings.


BAY COUNTY: RONNIE LEE JOHNSON (August 9, 2006)

The Grand Jury of the State of Florida and County of Bay, empaneled in 2006, to inquire and make true presentments, in and for the Spring Term 2006 of Bay County, hereby respectfully reports and finds as follows:

The Grand Jury has considered the nature and the state of the evidence that is available against Ronnie Lee Johnson and has determined the following as to the individual charges listed below:

Aggravated Assault:

Based upon all the available information, to include the facts and the applicable Florida law, there is insufficient evidence to proceed with the previously filed charge of Aggravated Assault. Although the defendant did drive into the victim’s bumper during his attempt to avoid arrest, Florida law requires an intentional threat to constitute a criminal assault. The facts in this case are as equally susceptible to the conclusion that the defendant was trying to escape the situation, as they are of any intent to threaten a person. See, Munday v. State, 254 So. 2d 33 (Fla. 3rd DCA); W.E.P., Jr. v. State, 790 So.2d 1166 (Fla. 4th DCA); Beard v. State, 842 So.2d 174 (Fla. 2nd DCA).
Consequently, there is insufficient evidence of the defendant’s intent to support an Aggravated Assault charge; therefore, the Grand Jury has voted to return a NO TRUE BILL as to that offense.