Political candidate Merrill Paul Roland is a registered Republican and a nonpartisan candidate for Anastasia Mosquito Control Commission of St. Johns County (AMCD). Mr. Roland is in Flagler Hospital tonight as a result of an alleged spitting, punching and kicking attack by a local Republican leader, Eric West, outside the Southeast Branch Public Library polling place on October 27, 2016.
Mr. Roland and Mr. West were interviewed by deputies, who took statements. The facts will be sorted out by a judge and the State's Attorney in the next few days.
Mr. West has not yet responded to my written request for comment.
Mr. Roland alleges that Mr. West was angry because Mr. Roland questioned the legality and efficacy of the St. Johns County Republican Executive Committee endorsing Mr. Roland's opponent, who is also a Republican. Mr. Roland earlier in the day filed a complaint with the Supervisor of Elections, apparently triggering West's alleged attack upon Mr. Roland.
If convicted, Mr. West could lose his right to vote in Florida.
If convicted, Mr. West could be sentenced to both state and federal prison. Battery on a disabled political candidate and interfering with Mr. Roland's civil rights could be construed as a state law hate crime and a federal civil rights violation and federal hate crime.
Mr. Roland is not only a political candidate, but under state law penalties against Mr. West could be enhanced because the alleged victim is over age 60 and disabled. Mr. Roland's mother took Thalidomide® when Mr. Roland was in utero, causing a birth defect that resulted in his lacking one leg -- he has an artificial leg, which West allegedly kicked -- after he knocked Mr. Roland to the ground by removing his cane, spitting in his face, punching him. After he was on the ground, Mr. Roland used his Taser® on Mr. West, but missed.
Eric West is the Recording Secretary of the St. Johns County Republican Executive Committee and former ad salesman for the Florida Times-Union -- here is his public Linked-In® profile, followed by pertinent state and federal laws he may be found to have violated:
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In 2016 and beyond I have found a way to marry my patriotism, love of country, advertising expertise and deep appreciation for our military by creating Military Deals USA magazine. I am giving back to our veterans, active duty military and their families by working with area patriotic and military friendly businesses to develop a publication full of coupons, deals and special offers just for them.
We hear all the time that "we should do more for our troops" and now Military Deals USA magazine gives you that chance to do so while promoting your business and growing your revenue!
I look forward to working with all of you in the future!
We hear all the time that "we should do more for our troops" and now Military Deals USA magazine gives you that chance to do so while promoting your business and growing your revenue!
I look forward to working with all of you in the future!
Experience
UNITED STATES CODE
18 U.S. Code § 249 - Hate crime acts
Current through Pub. L. 114-38. (See Public Laws for the current Congress.)
US Code
Notes
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(a) In General.—
(1)Offenses involving actual or perceived race, color, religion, or national origin.—Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person—
(A) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and
(B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if—
(i) death results from the offense; or
(ii) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.
(2) Offenses involving actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability.—
(A)In general.—Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B) or paragraph (3), willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person—
(i) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and
(ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if—
(I) death results from the offense; or
(II) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.
(B)Circumstances described.—For purposes of subparagraph (A), the circumstances described in this subparagraph are that—
(i) the conduct described in subparagraph (A) occurs during the course of, or as the result of, the travel of the defendant or the victim—
(I) across a State line or national border; or
(II) using a channel, facility, or instrumentality of interstate or foreign commerce;
(ii) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph (A);
(iii) in connection with the conduct described in subparagraph (A), the defendant employs a firearm, dangerous weapon, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; or
(iv) the conduct described in subparagraph (A)—
(I) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or
(II) otherwise affects interstate or foreign commerce.
(3)Offenses occurring in the special maritime or territorial jurisdiction of the united states.—
Whoever, within the special maritime or territorial jurisdiction of the United States, engages in conduct described in paragraph (1) or in paragraph (2)(A) (without regard to whether that conduct occurred in a circumstance described in paragraph (2)(B)) shall be subject to the same penalties as prescribed in those paragraphs.
(4)Guidelines.—
All prosecutions conducted by the United States under this section shall be undertaken pursuant to guidelines issued by the Attorney General, or the designee of the Attorney General, to be included in the United States Attorneys’ Manual that shall establish neutral and objective criteria for determining whether a crime was committed because of the actual or perceived status of any person.
(b) Certification Requirement.—
(1)In general.—No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, or a designee, that—
(A) the State does not have jurisdiction;
(B) the State has requested that the Federal Government assume jurisdiction;
(C) the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence; or
(D) a prosecution by the United States is in the public interest and necessary to secure substantial justice.
(2)Rule of construction.—
Nothing in this subsection shall be construed to limit the authority of Federal officers, or a Federal grand jury, to investigate possible violations of this section.
(c)Definitions.—In this section—
(1) the term “bodily injury” has the meaning given such term in section 1365(h)(4) of this title, but does not include solely emotional or psychological harm to the victim;
(2) the term “explosive or incendiary device” has the meaning given such term in section 232 of this title;
(3) the term “firearm” has the meaning given such term in section 921(a) of this title;
(4) the term “gender identity” means actual or perceived gender-related characteristics; and
(5) the term “State” includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States.
(d) Statute of Limitations.—
(1)Offenses not resulting in death.—
Except as provided in paragraph (2), no person shall be prosecuted, tried, or punished for any offense under this section unless the indictment for such offense is found, or the information for such offense is instituted, not later than 7 years after the date on which the offense was committed.
(2)Death resulting offenses.—
An indictment or information alleging that an offense under this section resulted in death may be found or instituted at any time without limitation.
(Added and amended Pub. L. 111–84, div. E, §§ 4707(a), 4711, Oct. 28, 2009, 123 Stat. 2838, 2842.)
FLORIDA STATUTE
825.102 Abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties.—
(1) “Abuse of an elderly person or disabled adult” means:
(a) Intentional infliction of physical or psychological injury upon an elderly person or disabled adult;
(b) An intentional act that could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult; or
(c) Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult.
A person who knowingly or willfully abuses an elderly person or disabled adult without causing great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) “Aggravated abuse of an elderly person or disabled adult” occurs when a person:
(a) Commits aggravated battery on an elderly person or disabled adult;
(b) Willfully tortures, maliciously punishes, or willfully and unlawfully cages, an elderly person or disabled adult; or
(c) Knowingly or willfully abuses an elderly person or disabled adult and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult.
A person who commits aggravated abuse of an elderly person or disabled adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3)(a) “Neglect of an elderly person or disabled adult” means:
1. A caregiver’s failure or omission to provide an elderly person or disabled adult with the care, supervision, and services necessary to maintain the elderly person’s or disabled adult’s physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the elderly person or disabled adult; or
2. A caregiver’s failure to make a reasonable effort to protect an elderly person or disabled adult from abuse, neglect, or exploitation by another person.
Neglect of an elderly person or disabled adult may be based on repeated conduct or on a single incident or omission that results in, or could reasonably be expected to result in, serious physical or psychological injury, or a substantial risk of death, to an elderly person or disabled adult.
(b) A person who willfully or by culpable negligence neglects an elderly person or disabled adult and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) A person who willfully or by culpable negligence neglects an elderly person or disabled adult without causing great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 3, ch. 95-158; s. 2, ch. 96-322; s. 1, ch. 2008-160.
UPDATE: Former MORRIS COMMUNICATIONS ad salesman ERIC WEST did talk to the MORRIS COMMUNICATIONS owned St. Augustine Record:
Posted October 29, 2016 06:43 am
By jared.keever@staugustine.com
By jared.keever@staugustine.com
Local candidate, GOP committee member fight at party booth outside polling place
Two men could face battery charges following an altercation Thursday afternoon at an early voting polling place in St. Johns County.
In a Sheriff’s Office report of the incident, David Eric West and Merrill Paul Roland, both St. Johns County residents, are listed as a victim and a suspect in the altercation.
The fight occurred outside the southeast branch of the St. Johns County Public Library just after 3:45 p.m.
That is about two hours after Roland, a candidate in a nonpartisan race for a seat on the Anastasia Mosquito Control District, sent an email to members of the media and the St. Johns County Republican Executive Committee complaining that the committee had printed only his opponent’s name in a voting guide of preferred candidates they were distributing.
According to the incident report, the fight occured after West, a member of the executive committee, pulled up to a Republican Party booth outside the library and started unloading campaign materials from his car.
West, who, according to the report, was questioned near one of the outlet malls on State Road 16 about 45 minutes after the incident, said Roland approached him and complained about the sample ballots that endorsed his opponent.
Roland’s and West’s accounts of the incident differ from there.
West told authorities the two began cursing at each other and exchanging insults and Roland shoved him. Roland, West said, then spit in his face and attempted to punch him but missed. That’s when West said he punched Roland in the face with his left hand. As Roland fell backward, he produced a Taser and fired it at West but missed, the report says.
West said he then got in his vehicle and left the area.
According to the report, two other witnesses described the events much as West did. Those witnesses identified Roland as the primary aggressor and described him as “volatile” and “very agitated.” West said he wanted to pursue charges against Roland.
The report says Roland asked to be transported to Flagler Hospital because he had been struck in the face.
The deputy who arrived there to question him noted in his report that he did not notice any signs of physical injury to Roland.
Roland told the deputy that he had approached West about the sample ballots but that West grew argumentative and spit in his face, then struck him several times in the face and head. Roland admitted to firing the Taser and said he would like to pursue charges against West.
Authorities completed two charging affidavits for simple battery — one for West and one for Roland — after the investigation.
Sheriff’s Office spokesman Kevin Kelshaw said neither man was arrested and the case has been handed over to the 7th Circuit State Attorney’s Office who will decide if charges against either man are to be pursued.
Jail records indicate Roland has been arrested a number of times on various charges including trespassing, stalking, battery and criminal mischief. In many of the past cases charges were dropped. Roland was convicted of battery in 2013 for spraying a man in the face with bug spray outside of Home Depot.
Eric West is well known for his bulling in the Republican circles. This is another example of the Top Republicans in St Johns County using strong arm tactics against other Republicans. Eric West, Marty Miller, Bob Smith, Gary Howell, and William Korach all need to go. They Bully people who question them on spending donations. So their violent actions are to protect their spending of donations used against the Party Rules. Their hate for people who question them resulted in this attack on Merrill Roland. Innocent people DO NOT FLEE THE SCENE ! So why did Eric West FLEE THE SCENE ?
If anyone wants to understand why us REAL Republicans don't support the current St Johns County Republican Parties, it is because of these THUGS in leadership. IT IS TIME FOR REAL REPUBLICANS TO TAKE BACK ALL THE LOCAL REPUBLICAN PARTIES !
West Fled the Scene ?
SJSO caught West @ the Outlet Mall
45 min later--SHOPPING ? Really ,..
Roland was Spit on and Punched !
SJSO reports Roland called 911.
Innocent men don't RUN.
Is this HIT and RUN ...AWAY , Wow
