The teen accused of posting a threatening message on Snapchat won't be charged, as prosecutors have declined to move forward with the case. Here's a look at that case and some others recently addressed at the Marion County Judicial Center.
Juvenile
Age: 16.
Lawyer: Public Defender's Office.
Charge: Sending a written threat to conduct a mass shooting or an act of terrorism.
Outcome: Prosecutors have declined to move forward with charging the boy, saying that although there was probable cause for his arrest, given the specific facts and circumstances, they could not prove the case beyond a reasonable doubt. The decision was filed with the court on Sept. 25.
Is the boy still in school? School officials said they cannot discuss a student's record. Generally speaking, school officials said, any student caught making threats of violence against a school could face expulsion.
About the case: Last month, the teen was arrested by sheriff's deputies and accused of publishing a social media post that showed him holding what looked like a rifle and the words “HE’S BAAAAACK” in red letters across the screen.
The message was seen on a popular social media site and a parent notified the school resource officer . The boy, a student at Dunnellon High School, reportedly admitted to sending the post. The weapon seen was an airsoft rifle, authorities said.
Deputies went to the boy's residence and found other fake guns. The teenager, a Dunnellon High School student at the time of his arrest, is not being name by the Star-Banner because of his age.
State v. Jose Juan Pagan Jr.
Judge: Circuit Judge Robert Hodges.
Lawyers: Assistant State Attorney Drew Brandies and defense lawyer Candace Hawthorne.
Charges: Two counts of sexual battery on a child younger than 12, one count of sexual battery on a person age 12-18, one count each of lewd lascivious molestation of a child younger than 12, encourage child younger than 16 to engage in sexual act, and harassing in capital proceeding.
What was the outcome? Prosecutors decided that since Pagan has a conviction in another sex case, where he was sentenced to life in prison, it would not be in the victim's best interest to pursue this case. Prosecutors said if circumstances change, they may reconsider. The decision was filed with the court on Sept. 24.
When was Pagan convicted? The 46-year-old man was convicted last month by a jury of three counts of sexual battery on a child younger than 12 and two counts of lewd and lascivious battery on a child younger than 12.
About the cases: Law enforcement officials said Pagan molested several girls on separate occasions.
State v. William Allen Hibshman
Judge: Circuit Judge Lisa Herndon.
Lawyers: Assistant State Attorney Marissa Meyer and the Public Defender's Office.
Charge: DUI manslaughter, felony DUI fourth or subsequent offense, three counts of DUI property damage and to a person, and criminal mischief.
The reason for Hibshman's court appearance ? Pre-trial detention hearing.
What was the outcome? According to court records, the judge granted the state's request for pre-trial detention.
What does the ruling mean? Hibshman will remain locked up at the county jail without bail. A pre-trial detention can be requested by prosecutors if a defendant is charged with a serious crime.
What's next? Hibshman will have an arraignment hearing where prosecutors will announce what charge or charges they plan to file against him. Hibshman won't be required to make a court appearance.
About the case: The 54-year-old Ocala man was taken into custody last month by Florida Highway Patrol troopers after the vehicle he was driving slammed into the back of another vehicle. An elderly woman was killed and three other people were injured in the crash, which happened on U.S. 441 near Belleview. At a first court appearance, the judge was told that Hibshman had four prior DUIs from another state.
State v. D'Talya Lewis
Judge: Circuit Judge Robert Hodges.
Lawyers: Defense attorney Melanie Slaughter and Assistant State Attorney Drew Brandies.
Charge: Aggravated child abuse.
Why was Lewis in court? For sentencing.
What was her sentence? Six years in prison. The 27-year-old woman has four days of credit for time already served.
About the case: In 2021, Ocala police officials arrested Lewis and accused her of severely beating a 3-year-old child. The toddler had to be hospitalized for a brain bleed on each side of her head, authorities said.
State v. Marangely Hiraldo Burgos
Judge: Circuit Judge Robert Hodges.
Lawyers: David Mengers for the defense and Assistant State Attorney Adam Smith.
Charge: Accessory after the fact.
Reason for court hearing? To determine if the 31-year-old woman should have a chance to post bond.
What was the decision? The judge set bail at $250,000, with special conditions, court documents indicate. First, Burgos cannot have any contact with the co-defendant whether he's in or out of custody. Second, she must surrender her passport and cannot leave Marion County. Third, Burgos must wear an electronic monitor.
About the case: Burgos, 30, is accused of helping Melvin Arias escape. Arias is accused of shooting and killing 47-year-old Milagros Guzman Lopez on Jan. 12 in a Marion Oaks shopping plaza. Both Burgos and Arias were found in New York.
State v. Juan Jose Vargas
Judge: Circuit Judge Peter Brigham.
Lawyers: Assistant State Attorney Meredith Poisson and the Public Defender's Office.
Charge: Burglary of an occupied dwelling unarmed, criminal mischief and animal cruelty.
What happened? Court documents indicate prosecutors dropped the criminal mischief charge because it did not meet the statutory requirements.
The other two offenses were transferred to county court. Prosecutors left the animal cruelty charge intact. However, the burglary offense has been downgraded to trespass on land of another. The decision was filed with the court on Sept. 13.
What's next? Vargas, 28, has a court date later this month.
About the case? Vargas was taken into custody by Ocala police officers in early August and accused of going into a neighbor's residence and beating a dog.
The neighbor came outside and told Vargas to stop. When Vargas didn't, the man fired a shot in the ground. Vargas returned to his yard.
When the dog came close to the fence, Vargas began hitting the dog, police said. The armed man said he was in fear when Vargas cursed and threatened him and his family. The man said he shot Vargas in the leg. The shooter has not been charged.
State v. Robert Lee Miller
Judges: County Judge Robert Landt and Circuit Judge Tim McCourt.
Lawyers: Assistant State Attorney Wyn Vickers and the Public Defender's Office.
Charges: Several, to include illegal killing, possessing, or capturing of alligators, driving while license is suspended or revoked, and no motor vehicle registration.
What's next? Miller has a court hearing for the driving infractions. With the alligator offense, his court hearing is scheduled for December.
Dropped: Charges dropped against man accused of leaving scene of Ocala crash that killed pregnant woman
About the cases? For the driving charges, a sheriff's deputy saw Miller, 42, riding a motorcycle without a license plate in Ocklawaha late last month. Miller told the deputy his driver's license is suspended and didn't know he needed a license to ride a bike.
With the alligator charge, Florida Fish and Wildlife Conservation Commission officials found alligators and slider turtles at his residence in August. He admitted to killing an alligator after the reptile's skull was found in the yard, authorities said.
Where's Miller now? At the Marion County Jail, where he is being held without bail.
Contact Austin L. Miller at austin.miller@starbanner.com
This article originally appeared on Ocala Star-Banner: State won't pursue charge against teen accused of posting threat message on social media
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