CAPE CORAL, FL - August 24, 2020 - According to an online news report from WinkNews.com, an intoxicated firefighter from the Estero Fire Department was arrested for allegedly assaulting a 65 year old man from Cape Coral, Florida.
According to the news report, the Estero firefighter assaulted a man after the firefighter attempted to get into a car that didn't belong to him. The firefighter saw what he thought was his car parked at a neighbor's house. The suspect attempted to get into the motor vehicle but was unable to because the automobile was not his as he had thought. The suspect then began banging on the outside of the motor vehicle that did not belong to the suspect.
The neighbor walked outside to see what was happening in front of his house. The senior citizen brought a bed frame leg with him for defense. The victim then told his allegedly drunk neighbor to leave his property. However, the firefighter, who was off-duty duty at the time, struck the victim with his fist. The punch knocked the elderly man onto the ground. The assault produced facial lacerations on the victim's face and his right arm. The firefighter then jumped on top of the victim, and then he began choking the victim.
According to law enforcement, two eyewitnesses were driving by the scene of the assault in a motor vehicle. The two eyewitnesses stated that they witnessed the victim lying on the ground with the suspect on top of him choking the victim. The witnesses then stopped their motor vehicle, jumped out of the automobile, and then the two witnesses broke up the attack between the suspect and the victim.
When law enforcement and emergency medical technicians arrived at the scene of the assault, both the suspect and the victim declined medical attention. The victim filed a complaint with the law enforcement officers at the scene, and he pressed criminal charges against the suspect. The suspect was arrested and transported to the Lee County Jail, where he was booked and processed. The suspect posted bail later that night. The suspect has a hearing date where he will appear in court on September 14, 2020.
Florida Statute §784.08 - Assault or Battery on a Person 65 Years of Age or Older
In the State of Florida, it is a crime to assault or batter a person who is 65 years of age or older under Florida Statute §784.08 - Assault or Battery on a Person 65 Years of Age or Older. In Florida, the crimes of assault or battery are two different crimes. In the case when the victim is 65 years of age or older, the crimes of assault or battery become "enhanced" crimes with more severe punishments if convicted.
Penalties for Violence Crimes Against Individuals 65 or older:
Assault on a Person 65 Years of Age or Older - If found guilty of "Assault on a Person 65 Years of Age or Older," the punishment is up to 1 year in jail, probation and a fine.
Battery on a Person 65 Years of Age or Older - If found guilty of "Battery on a Person 65 Years of Age or Older," the penalty is up to 5 years in state prison, probation, and a stiff fine.
Aggravated Assault on a Person 65 Years of Age or Older - If a defendant is found guilty of "Aggravated Assault on a Person 65 Years of Age or Older," the punishment is a 3-year minimum mandatory prison sentence with a sentence of up to 15 years in prison, a $10,000 fine, 500 community service hours, monetary restitution paid to the victim.
Aggravated battery on a Person 65 Years of Age or Older - If the accused is convicted of "Aggravated Battery on a Person 65 Years of Age or Older," the penalties will be a 3-year minimum mandatory prison sentence plus a prison sentence of up to 30 years, a $10,000 fine, monetary restitution paid to the victim, and 500 community service hours.