Meet Orlando Alo de Paula (aged 56) and his son Tommy (aged 25), residents of the Florida Keys. Yes, that's them below...
On January 2nd, 2015 Monroe County Deputies responded to the de Paula residence in Marathon reference noise complaints from neighbors at about 11:30 pm. Having confirmed the noise the deputies approached the house, knocked on the door and, when pops answered, they asked him to lower the music. But pops wasn't having that and, in fact, pops not only wanted to continue the jam, but he wanted to do so without the uninvited deputies. So pops demanded, in strong language, that they leave and, when they didn't, well, apparently things got ugly.
In this case there were no firearms involved, but the deputies claim that pops stated that he didn't care about his neighbors, that if the deputies did not leave he would throw one off his balcony and then he grabbed a deputy by the arm and threatened to "knock you down".
And that's when Tommy-boy involved himself, wisely trying to calm pops down as he continued in his belligerent rant. Unfortunately by this time the deputies determined that pops had gone too far attempted to take him into custody. Pops offered resistance, struggling, fighting, breaking away and allegedly reaching toward a drawer visibly containing knives. Pops is also accused of grabbing, throwing and nearly hitting a deputy with a wine bottle.
As the deputies forcefully cuffed pops Tommy-boy is alleged to have gone from being the voice of reason to being an accessory to escape, by pushing one of the deputies who was struggling to cuff pops, earning Tommy-boy a date with a Taser.
Pops' worsened his situation while en route to jail by repeatedly threatening to shoot and kill cops, and then he struggled with corrections officers at the jail, earning him a cozy seat in a restraining chair. (I don't know if you've ever been strapped into a restraining chair but I tried it once - voluntarily - so that I could understand, beyond imagination, what that experience is like, and I do not recommend it. The restraining chair is reason # 147 why you should neither physically resist nor act aggressively with cops, even if you are 100% right and they and 100% wrong.)
Pops stands charged with battery on a LEO (a 3rd degree felony punishable by up to 5 years in state prison), 3 counts of aggravated assault on a LEO (also a 3rd degree felonies punishable by up to 5 years in state prison each, but also each containing a 3 year minimum-mandatory day-for-day sentence) and resisting arrest with violence (also a 3rd degree felony punishable by up to 5 years in state prison) and, for this incident, now faces 25 years in state prison with a minimum-mandatory 9 year stay. Tommy-boy was lucky, being charged with only one count of resisting arrest without violence (a 1st degree misdemeanor punishable by up to 364 days in jail); from the report that Tommy had pushed (i.e. non-consensually touched a deputy), he too could have been charged with battery on a LEO (a 3rd degree felony punishable by up to 5 years in state prison).
For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.
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