Commission Candidate JOHNNY COE COUNTS Left Scene of Accident with Property Damage, Case Dropped

Update: not a word of response from JOHNNY COE COUNTS. 

Wonder why?

UPDATE: No response from County Commission candidate JOHNNY COE COUNTS or FHP. No further response from our maladroit Seventh Circuit State's Attorney's office.   In 2005, under controversial then State's Attorney JOHN TANNER, voted out in 2008, a questionable whose nolle prosequi was filed, dropping all charges against JOHNNY COE COUNTS. This is further evidence of JOHN TANNER's malfeasance, misfeasance or nonfeasance as State's Attorney.  JOHN TANNER infamously intervened when his own daughter was arrested, leading to universal disapproval among law enforcement and honest citizens in four counties, who sent JOHN TANNER packing.

One other thing is certain: having had serious charges dropped in 2005, without hearing or explanation, County Commission candidate JOHNNY COE COUNTS has a sense of entitlement in a corrupt county, where the evidently owes his freedom to the unenlightened Establishment.

Was this case fixed? We may never know, because no reason for the dismissal was given.  I've requested a thorough search for records.  

And JOHNNY COE COUNTS isn't talking.

August 8, 2022

1. JOHNNY COE COUNTS, candidate for St. Johns County Commission in closed Republican Primary August 23, 2022, allegedly left the scene of an accident wth property damage, charged by FHP with a second degree misdemeanor on the evening of May 27, 2005, first day of Memorial Day weekend. 

2.  Charges were swiftly and abruptly dropped by rebarbative Republican former State's Attorney JOHN TANNER.  No reason was given. 

3. No hearing was held. 

4. No motions were ever filed by COUNTS' criminal defense lawyer, now deceased. 

5. No reasons were ever given for the dismissal, by nolle prosequi.

6. State Attorney records have allegedly been destroyed. 

7. No response from COUNTS, to whom I reached out via e-mail.  

8.  "Character Counts" says the St. Johns County School Board curriculum.  

8. Our State's Attorney office has delusions of adequacy.  It refuses to follow or distribute the National Prosecution Standards of the National District Attorney's office. Wonder why?

9. Was this case "fixed?" 

10. We may never know, due to the lax procedures and record keeping in our louche four-county State's Attorney Office for the Seventh Judicial Circuit, where 82 prosecutors are never informed of the existence of the National Prosecution Standards of the National District Attorneys Association.

(more later)

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-----Original Message-----
From: Ed Slavin <easlavin@aol.com>
To: ShorsteinB@sao7.org <ShorsteinB@sao7.org>
Cc: ctinlin@circuit7.org <ctinlin@circuit7.org>; jdunbar@gannett.com <jdunbar@gannett.com>; sheldon.gardner@staugustine.com <sheldon.gardner@staugustine.com>; sheltonhull@gmail.com <sheltonhull@gmail.com>; aschindler@firstcoastnews.com <aschindler@firstcoastnews.com>; jessicaclark@firstcoastnews.com <jessicaclark@firstcoastnews.com>; colleen.jones@staugustine.com <colleen.jones@staugustine.com>; bcc5hdean@sjcfl.us <bcc5hdean@sjcfl.us>; bcc1cwhitehurst@sjcfl.us <bcc1cwhitehurst@sjcfl.us>; bcc2sarnold@sjcfl.us <bcc2sarnold@sjcfl.us>; bcc3pwaldron@sjcfl.us <bcc3pwaldron@sjcfl.us>; bcc4jjohns@sjcfl.us <bcc4jjohns@sjcfl.us>; dmigut@sjcfl.us <dmigut@sjcfl.us>; hconrad@sjcfl.us <hconrad@sjcfl.us>; waltbog@nytimes.com <waltbog@nytimes.com>
Sent: Mon, Aug 8, 2022 1:39 pm
Subject: Re: Request No. 2022-143: State of Florida v. Johnny Coe Counts, Case No. 05001546CTMA Clerk File Date: 6/10/2005 Total Fees Due: 0.00 Agency Report Number: 2523DIX Court Type: Criminal Traffic Uniform Case Number: 552005CT001546XXAXMX

Dear Mr. Shorstein:
A. Section 5 of my request reads: 

5. Would you please be so kind as to send me today by e-mail PDFs of any and all pertinent records?  If any records are missing, lost, stolen, removed or destroyed, please provide any documentation of such loss, theft, removal or destruction.  

B. Our Florida Secretary of State requires keeping records on records destruction, right?  Please provide those records on the putative disposition of the files on this case, if any exist. 

C. The SoS records retention schedule for Florida State's Attorneys states on "duplicate files" requires that State's Attorneys "Retain until obsolete, superseded or administrative value is lost."

D. Was there ever any written determination made by anyone that duplicate files on Mr. Counts' leaving the scene of an accident case were somehow "obsolete, superseded or administrative value is lost?"  Please send.  If none exist, please so state.

E. Please direct your staff to search for any duplicate files or old paper records on this case.

F. Were any old State's Attorney's files ever turned over to the State Library and Archives, St. Johns County Clerk of Courts and Comptroller St. Augustine Historical Society Research Library, or any other organization?

G. Were any old files taken by former State's Attorneys or ASAs, criminal investigators or any other employees or contractors?  

H. What exactly does "went paperless" mean? 

I. Why can't we read a document containing the SAO's justification for this nolle prosequi? 

J. Please send all pertinent records. 

Thank you!

With kindest regards, I am,
Sincerely yours,
Ed Slavin

www.edslavin.com

www.cleanupcityofstaugustine.blogspot.com

904-377-4998

-----Original Message-----
From: Shorstein, Bryan <ShorsteinB@sao7.org>
To: Ed Slavin <easlavin@aol.com>
Sent: Mon, Aug 8, 2022 11:37 am
Subject: RE: Request No. 2022-143; State of Florida v. Johnny Coe Counts, Case No. 05001546CTMA Clerk File Date: 6/10/2005 Total Fees Due: 0.00 Agency Report Number: 2523DIX Court Type: Criminal Traffic Uniform Case Number: 552005CT001546XXAXMX

Mr. Slavin, since our system went paperless in 2012, we have no records of the dismissal. I see what you see which is what was on the clerk’s screen.

 

Sorry

 

Hope all is well

 

Bryan Shorstein

Executive Director/PIO

State Attorney’s Office 7^th Circuit

251 North Ridgewood Avenue

Daytona Beach, FL 32114

Cell (904) 424-7989

 

From: Ed Slavin <easlavin@aol.com> 
Sent: Monday, August 8, 2022 10:28 AM
To: Larizza, R.J. <LarizzaR@sao7.org>; Shorstein, Bryan <ShorsteinB@sao7.org>; bpatty@stjohnsclerk.com; mminer@stjohnsclerk.com; jccounts@msn.com; terry@theshoelaw.com; HSMV-Media@flhsmv.gov
Cc: ctinlin@circuit7.org; jdunbar@gannett.com; sheldon.gardner@staugustine.com; sheltonhull@gmail.com; aschindler@firstcoastnews.com; jessicaclark@firstcoastnews.com; colleen.jones@staugustine.com; bcc5hdean@sjcfl.us; bcc1cwhitehurst@sjcfl.us; bcc2sarnold@sjcfl.us; bcc3pwaldron@sjcfl.us; bcc4jjohns@sjcfl.us; dmigut@sjcfl.us; hconrad@sjcfl.us; waltbog@nytimes.com
Subject: Request No. 2022-143; State of Florida v. Johnny Coe Counts, Case No. 05001546CTMA Clerk File Date: 6/10/2005 Total Fees Due: 0.00 Agency Report Number: 2523DIX Court Type: Criminal Traffic Uniform Case Number: 552005CT001546XXAXMX

 

Dear FHP Chief Roufa, Messrs. Counts, Larizza, Shorstein, Shoemaker, Patty and Miner:

1. On the night of May 27, 2005 (first night of Memorial Day weekend), Mr. Johnny Coe Counts was charged by our Florida Highway Patrol with leaving the scene of an accident  with property damage, a second degree misdemeanor.  See F.S. 316.061(1), below. 

2.  Mr. Johnny Coe Counts is now a candidate for our St. Johns County Commission in the closed Republican Primary on August 23, 2022.

3. Our then Seventh Circuit State's Attorney, Mr. John Tanner, and then ASA  Mr.Terry Shoemaker issued a nolle prosequi, dismissing all charges.  Why?  (Mr. Ronald E. Clark, Mr. Count's 2005 criminal defense lawyer, is deceased.)

4. Our excellent St. Johns County Clerk of Courts website is unadorned by any indicia of any documents detailing any reason for dropping second degree misdemeanor charges being dropped against Mr. Johnny Code Counts by our State's Attorney.   Why?   See docket, below.

5. Would you please be so kind as to send me today by e-mail PDFs of any and all pertinent records?  If any records are missing, lost, stolen, removed or destroyed, please provide any documentation of such loss, theft, removal or destruction.  

6. Please feel free to call me to discuss the facts and circumstances of successive elected State's Attorneys in St. Augustine dropping criminal charges without ever bothering to explain why, without a hearing, without any defense motions being filed, and possibly without consulting with law enforcement officers, as appears to have been the case in the mysterious and abrupt dismissal of misdemeanor charges in State of Florida v. Johnny Coe Counts, Case No. 05001546CTMA.

7. We have a Right to Know.  As Thomas Jefferson said, "A public office is a public trust."

Thank you,

With kindest regards, I am,

Sincerely yours,

Ed Slavin

www.edslavin.com

www.cleanupcityofstaugustine.blogspot.com

904-377-4998

 

 

05001546CTMA - STATE OF FLORIDA vs. COUNTS, JOHNNY COE  Print Summary ·         Summary ·         History ·         Charges ·         Citations ·          Previous SUMMARY Judge: TINLIN, CHARLES  Case Number: 05001546CTMA  Clerk File Date: 6/10/2005  Total Fees Due: 0.00  Agency Report Number: 2523DIX  Court Type: Criminal Traffic  Uniform Case Number: 552005CT001546XXAXMX  Status Date: 9/14/2005   Custody Location: NOT IN CUSTODY  Case Type:   Status: CLOSED   Waive Speedy Trial: [ ] Agency: FLORIDA HIGHWAY PATROL  PARTIES TYPE PARTY NAME ATTORNEY DEFENDANT  COUNTS, JOHNNY COE PLAINTIFF  STATE OF FLORIDA CHARGES COUNT DESCRIPTION LEVEL DEGREE PLEA DISPOSITION DISPOSITION DATE 1  LEAVE ACCIDENT SCENE W/PROP DAMAGE (316.061 1)   M  S    NOLLE PROSSED    EVENTS DATE EVENT JUDGE LOCATION RESULT EVENT NOTE 9/14/2005 9:00 AM  PRETRIAL-MISDEMEANOR  TINLIN, CHARLES  Courtroom 216  DISPOSED     8/25/2005 1:30 PM  PRETRIAL-MISDEMEANOR  TINLIN, CHARLES  Courtroom 216  RESET     6/29/2005 9:00 AM  CIT APP MISDEMEANOR  TINLIN, CHARLES  Courtroom 216  RESET     CASE DOCKETS IMAGE DIN DATE ENTRY    25 9/14/2005 CLOSED CASE  1   24 9/14/2005 COURT MINUTES 091405/AWC     23 9/14/2005 NOLLE PROSEQUI     22 9/14/2005 PRETRIAL-MISDEMEANOR DISPOSED COURT DATE     21 9/14/2005 NOLLE PROSSED 1  1   20 8/25/2005 COURT MINUTES/NOTICE 082505/AWC     19 8/25/2005 DEFENSE CONTINUANCE GRANTED     18 8/25/2005 M/216, JDG: TINLIN, CHARLES     17 8/25/2005 PRETRIAL-MISDEMEANOR SET FOR 09/14/2005 AT 09:00 IN     16 8/25/2005 PRETRIAL-MISDEMEANOR COURT DATE RESET  Requested 15 7/20/2005 DEMAND FOR RECIPROCAL DISCLOSURE 072005/NS  3   14 7/20/2005 STATE'S DISCOVERY EXHIBIT 072005/NS  Requested 13 7/13/2005 DEMAND FOR DISCOVERY 071305/CM  1   12 7/13/2005 NOTICE OF APPEARANCE OF COUNSEL AND PLEA 071305/CM  1   11 6/29/2005 COURT MINUTES/NOTICE - TO HIRE - 062905/RF     10 6/29/2005 M/216, JDG: TINLIN, CHARLES     9 6/29/2005 PRETRIAL-MISDEMEANOR SET FOR 08/25/2005 AT 01:30 IN     8 6/29/2005 CIT APP MISDEMEANOR COURT DATE RESET     7 6/15/2005 COMPANION TICKET (#2524-DIX) 061505/NS     6 6/10/2005 M/216, JDG: TINLIN, CHARLES     5 6/10/2005 CIT APP MISDEMEANOR SET FOR 06/29/2005 AT 09:00 IN  1   4 6/10/2005 CITATION 2523-DIX 061005/NS     3 6/10/2005 JUDGE TINLIN, CHARLES ASSIGNED     1 6/10/2005 CASE FILED WITH CLERK     2 5/27/2005 NOTICE / CITATION 1

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Title XXIIIMOTOR VEHICLES

Chapter 316STATE UNIFORM TRAFFIC CONTROL

SECTION 061Crashes involving damage to vehicle or property.

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316.061 Crashes involving damage to vehicle or property.—

(1) The driver of any vehicle involved in a crash resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop such vehicle at the scene of such crash or as close thereto as possible, and shall forthwith return to, and in every event shall remain at, the scene of the crash until he or she has fulfilled the requirements of s. 316.062. A person who violates this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Notwithstanding any other provision of this section, $5 shall be added to a fine imposed pursuant to this section, which $5 shall be deposited in the Emergency Medical Services Trust Fund.

(2) Every stop must be made without obstructing traffic more than is necessary, and, if a damaged vehicle is obstructing traffic, the driver of such vehicle must make every reasonable effort to move the vehicle or have it moved so as not to block the regular flow of traffic. Any person failing to comply with this subsection shall be cited for a nonmoving violation, punishable as provided in chapter 318.

(3) Employees or authorized agents of the Department of Transportation, law enforcement with proper jurisdiction, or an expressway authority created pursuant to chapter 348, in the exercise, management, control, and maintenance of its highway system, may undertake the removal from the main traveled way of roads on its highway system of all vehicles incapacitated as a result of a motor vehicle crash and of debris caused thereby. Such removal is applicable when such a motor vehicle crash results only in damage to a vehicle or other property, and when such removal can be accomplished safely and will result in the improved safety or convenience of travel upon the road. The driver or any other person who has removed a motor vehicle from the main traveled way of the road as provided in this section shall not be considered liable or at fault regarding the cause of the accident solely by reason of moving the vehicle.

History.—s. 1, ch. 71-135; s. 3, ch. 74-377; s. 2, ch. 75-72; s. 9, ch. 76-31; s. 22, ch. 85-167; s. 3, ch. 85-337; s. 30, ch. 92-78; s. 296, ch. 95-148; s. 6, ch. 96-350; s. 83, ch. 99-248; s. 3, ch. 2002-235.

 

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LEGAL NOTIFICATION: Florida Sunshine Statutes entail very broad public records requirements (F. S. 119). As required by law, all e-mails to and from the State Attorney's Office of Circuit 7 are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time. If you have received this communication in error, do not distribute it. Please notify the sender immediately by electronic mail and delete this message.

 

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LEGAL NOTIFICATION: Florida Sunshine Statutes entail very broad public records requirements (F. S. 119). As required by law, all e-mails to and from the State Attorney's Office of Circuit 7 are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time. If you have received this communication in error, do not distribute it. Please notify the sender immediately by electronic mail and delete this message.