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Danny Leiva of Miami, Florida Charged in Fatal Hit-and-Run DUI Crash

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adult-beer-bottle-blur-174936-300x225Danny Lazaro Leiva of Miami, Florida has been arrested for his alleged involvement in a fatal hit-and-run crash in Hialeah.

Leiva, 40, was charged with DUI manslaughter, leaving the scene of a deadly crash, vehicular homicide, and driving with a suspended license. He was ordered held on $66,500 bond. The press did not name an attorney for him.

According to Hialeah police, the alleged incident occurred in the 500 block of East 41st Street at around 7:40 p.m. Monday. The driver responsible for the crash was reportedly speeding in a 2009 Toyota Camry in the southbound lanes of East 5th Avenue. When he reached the intersection at East 41st Street, he reportedly failed to stop at a stop sign and crashed into a 2007 Dodge Durango.

There were two people inside the Durango, a 63-year-old woman and a 54-year-old man. The woman was pronounced dead at the scene, while the man was flown to Ryder Trauma Center. Their identities have not yet been released.

After the crash, the driver purportedly exited his car and fled the scene on foot. Surveillance footage from the parking lot of a nearby restaurant shows the man walking behind the restaurant. The video shows him getting arrested by police shortly afterward.

The driver was identified by Hialeah police as Leiva. The officers who took him into custody noted detecting a strong odor of alcohol. Police also claim to have found several beer cans in his vehicle, some of which were empty.

Records reportedly show that Leiva is a habitual traffic offender. He has two prior DUI convictions and his driver’s license has been suspended at least four times.

DUI car crashes are not uncommon in South Florida. Earlier this week, the Florida Highway Patrol executed a search warrant for the medical records of Elic Eliaquin Zamora Espino of Palm Springs after he allegedly caused a DUI car crash in West Palm Beach that killed Carlos Garcia Mendez.

According to the warrant, the alleged crash occurred just south of Forest Hill Boulevard on June 15. Zamora Espino, 30, was reportedly driving a Ford Explorer with two passengers along the northbound lanes of I-95 when he lost control of the vehicle and crashed into a concrete wall barrier. The impact threw Mendez, who was in the back seat, out of the vehicle. He was pronounced dead at the scene.

The other passenger, identified as Nery Lopez Perez, told investigators that Zamora Espino “was drunk” and speeding when the crash occurred.

Zamora Espino suffered “incapacitating” injuries and was taken to St. Mary’s Medical Center where he allegedly agreed to a blood-alcohol test. The results reportedly showed that his BAC was .27, which is more than three times the legal limit in Florida.

Zamora Espino has not yet been arrested, but investigators are looking into whether DUI manslaughter charges are warranted.

Miami DUI Attorney

If you have been arrested for a DUI, then you should hire an attorney. Contact us to set up a free initial consultation and work with one of Miami’s most experienced DUI attorneys.

Source: 7.3.19 Man charged with DUI manslaughter in deadly Hialeah hit & run crash.pdf & 7.4.19 warrant: driver was more than 3 times DUI limit in fatal crash.pdf

Brothers Javier Estepa and Diego Estepa Vasquez Jailed for Workers’ Compensation Fraud

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construction-2578410_1920-300x200Two executives from a construction business based in Miami-Dade County have been jailed for more than three years each for their part in a scheme to avoid paying workers’ compensation and underpay their workers.

The brothers, Javier Estepa, age 48, and Diego Estepa Vasquez, age 37, were president and vice president respectively of the Aaron Construction Group Inc. of Hialeah, Florida. They were found guilty of defrauding Miami-Dade County. The brothers underreported their payroll as well as the number of employees they had on their books. In so doing, they were able to reduce their workers’ compensation insurance premiums as well as other costs, including their payroll taxes.
As a result, Aaron Construction was able to land projects by making artificially low bids. The county’s Department of Public Housing and Community Development, which is in charge of public housing and Section 8 funding, awards contracts to companies with the lowest bids. Between June 214 and December 2016, Aaron Construction earned over $3.9 million from such county contracts.

Contractors working with the county, however, must meet specific standards as part of their contracts. For example, in addition to underpaying workers compensation premiums and other dues, Aaron Construction paid its employees below the local prevailing wage and also did not pay overtime. The Davis-Bacon Act, however, requires that employees working on federally funded contracts must be paid both overtime and the local prevailing wage. Aaron Construction also paid subcontractors a flat rate rather than paying them by the hour as they had promised the county that they would.

Estepa and Estepa Vasquez were also accused of attempting to conceal their fraud by giving county officials fraudulent documentation.

In February, a jury convicted the brothers each of three counts of wire fraud and one count of wire fraud conspiracy. Estepa Vasquez was found guilty on the count of false statement, while Estepa was found guilty of three counts of false statements. Estepa, however, was acquitted of a count of witness tampering.

During court proceedings, the brothers’ attorneys attempted to portray the men as hard workers who cared for the community. The attorneys gave the example of how the brothers helped remove fallen trees in Miami in the aftermath of Hurricane Irma. According to their lawyers, the brothers were upstanding family men whose employees were well treated.

Estepa’s attorney attempted to contextualize his client’s crimes. “In todayʼs climate and in particular Miami-Dade County, in return for a steady job and paycheck, many, many people are only too happy to sign on,” he explained. “Is it wrong? Yes. Is it a common practice? Absolutely.”

Estepa has been sentenced to four years and four months in prison. Estepa Vasquez has been sentenced to three years and five months in prison.

The brothers’ attorneys have said they will appeal the sentences. Although they do not deny their client’s guilt, the attorneys argue that the judge incorrectly calculated the loss to fraud at $1.7 million. The brothers’ attorneys argue it is, in fact, lower. Since sentencing is based on the dollar amount lost, the brothers’ attorneys hope to reduce their clients’ sentences during appeals.

Florida Workers’ Compensation Fraud Defense Attorney

If you are involved in a worker’s compensation fraud investigation, then you should hire a lawyer. Contact us to set up a free initial consultation and work with one of Florida’s most experienced workers’ compensation fraud defense attorneys.

Source

2019-05-29 Brothers Sentenced for Shortchanging Employees on Public Housing Work

Maydelis Pulido of Hialeah, Florida Faces Charges for Fatal Hit-and-Run Crash

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blur-car-driving-300x195Maydelis Pulido of Hialeah, Florida was arrested on October 11 for allegedly hitting an elderly man and leaving the scene without stopping to administer aid or call for help. The elderly man, who has been identified as 79-year-old Orlando Quiala of Miami Beach, died at a nearby hospital.

Pulido, 23, is currently charged with one count of leaving the scene of a crash involving a death. She is being held on $10,000 bond at Turner Guilford Knight Correctional Center. More charges are expected to be filed. The press did not name an attorney for Pulido.

According to the police report, Pulido was driving a stolen 2007 Toyota Camry in Hialeah. It is unclear who she stole the vehicle from. She made a left turn off East 4th Avenue onto East 17th Street when she struck Quiala as he was crossing the street. Pulido reportedly sped away, leaving Quaila on the street critically injured and fighting for his life. He was taken to Jackson Memorial Hospital where he died.

“After working diligently day and night, following every lead possible, detectives were able to catch up with Pulido, taking her into custody,” Hialeah police said in a news release, according to WPLG Local10. “Once again we commend the tenacity and devotion our detectives have to our community.”

Investigators said an anonymous tip that was corroborated by a confidential informant led them to Pulido and the stolen vehicle. Pulido doesn’t have any prior convictions but records show she has been issued four tickets in the past. She has also paid $358 in fines and court costs for a petit theft charge in 2016.

Hit-and-run offenses can carry severe penalties. Another such case was reported in Miami Beach this June. Latravia Chantae Reed of Doral, Florida was arrested for her alleged involvement in a hit-and-run crash that caused the death of a tourist identified as Steven Beech of California.

Reed, 33, is charged with leaving the scene of a crash involving a death, first-degree murder, strong arm robbery, and credit card fraud involving more than $100. She was ordered held without bond at Turner Guilford Knight Correctional Center. Attorney information wasn’t immediately available.

According to the arrest report, the alleged incident occurred on May 26 at 20th Street and Liberty Avenue in Miami Beach. Reed reportedly met Beech at a bar on 21st Street and left with him to buy drugs at 14th Street and Washington Avenue.

The pair were unable to buy drugs, the report said. They left the area and drove to the Rivera Hotel in Reed’s vehicle. It is unclear why they went to the hotel, but Reed pulled up near the valet stand. As Beech exited the vehicle, Reed reportedly tried to drive away without him.

Court records state that Reed had Beech’s money and credit cards, so she decided to leave. Beech attempted to stop Reed from driving away by putting his hands on the hood of the vehicle, but Reed purportedly sped away with him on top of the car. Beech fell off the hood and suffered a severe head injury. He died two days later.

Personal Injury Attorney

If you have been involved in a car accident, then you should hire an attorney. Contact us to set up a free initial consultation and work with one of Florida’s most experienced personal injury attorneys.

Source: 10.11.18 Woman faces charges in Hialeah hit-and-run crash killing 79-year-old man.pdf

James Anthony Abravaya of Miami-Dade, Florida Arrested on Multiple Child Pornography Charges

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James-Anthony-Abravaya-226x300James Anthony Abravaya of Hialeah, Florida was arrested on January 18 after police discovered thousands of child pornography files on his computer. The files reportedly featured girls as young as 2 years of age.

Abravaya, 66, faces 46 counts of possession of sexual performance by a child. He is being held at Turner Guilford Knight Correctional Center on $46,000 bond, according to jail records. It is unclear if he has hired an attorney.

According to the arrest report, police arrested executed a search warrant at Abravaya’s company—an architectural business called Sabana Windows located in Miami—and found 46 images of children between 2 and 10 years of age engaged in various sexual acts, including bondage, oral sex, bestiality, and intercourse with adults.

Miami Police Department’s Special Victims Bureau and Internet Crimes Against Children Squad collaborated with agents from Homeland Security and detectives from the Miami-Dade Police Department in the investigation. Police issued a search warrant after an anonymous tipper told them they saw child porn on Abravaya’s Dropbox account.

After finding the initial 46 images, investigators later found over 40,000 additional child pornography files on Abravaya’s cloud storage account, the report said. It is unclear if the number of counts against Abravaya will be increased, but police also reportedly seized multiple items that may have value as evidence when they executed a search warrant at Abravaya’s home.

Child pornography is defined as any medium that depicts persons under 18 years of age performing sex acts. A person is charged with possession of child pornography when they knowingly view, possess, or control an image, video, or other presentation that shows a minor engaged in sexual activity.

Simple possession is a third-degree felony punishable by up to 20 years in prison for each count, fines, and mandatory lifetime registration as a sex offender. Sharing child porn with another person upgrades the charge to a second-degree felony and carries more severe penalties. Production of child pornography carries the most severe penalties. It is a first-degree felony that can result in up to 30 years in prison for each count.

Courts in Florida have zero tolerance for sex offenses involving minors, and both state and federal law enforcement agents make an effort to ensure anyone suspected of or charged with a sex offense is prosecuted to the fullest extent of the law.

Sex crimes usually carry life-altering consequences, which is why it is important for anyone charged with a sex offense to hire an experienced attorney who can guide them through the criminal justice system and help them reach the best possible outcome.

Source: 1.19.17 James Anthony Abravaya of Hialeah, Florida arrested on multiple child pornography charges.pdf

Lyft Driver Julio Perez of Hialeah, Florida Accused of Molesting Minor

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Julio-Perez-261x300Lyft driver Julio Perez was arrested last week for allegedly molesting a teenage boy who requested a ride home using the Lyft app.

Perez, 43, faces charges for unlawful sexual contact with a minor. He is being held without bond at Miami-Dade jail. Attorney information wasn’t available.

According to the arrest report, the alleged molestation occurred on October 17. Perez was hailed by a 16-year-old boy via the Lyft app. He picked up the teen from his school and drove him to his home in Davie. Perez reportedly left and then returned 10 minutes later and knocked on the door.

When the teen opened the door, Perez reportedly made sexual advances and asked the teen if he liked boys. The teen was afraid Perez would forcefully enter the house, so he let him in. Perez then forced the teen to perform oral sex on him. Before he left, he gave the teen his business card and told him he’d like to give him a ride from school again, the report said.

“He knocked on the door,” Capt. Dale Engle of the Davie Police Department said in a statement. “They engaged in a conversation at the doorway. The driver was able to coerce his way to get into the residence. Once inside the residence, he forced the boy to perform oral sex on him.”

The teen told his mother about the alleged sexual battery when she got home and she called the police. He remembered Perez’s first name and other details that were included in the Lyft app. Deputies were dispatched to arrest Perez, who allegedly confessed to the crime. According to Engle, Perez thought the victim was 12 years old.

“He’s a pervert. That’s what he is. He’s a pervert,” the victim’s mother told NBC 6. “Emotionally, I’m a wreck. I haven’t gone to work in three days already. I have to go pick up my son from school every day. My son doesn’t feel safe anymore. It’s just horrible.”

In his statement to the press, Engle said Lyft was not cooperative in releasing information on Perez. But the company released a statement saying it plans to fully cooperate with law enforcement.

“We are horrified by these allegations. We deactivated the driver as soon as this was reported, and stand ready to support the passenger and his family,” a Lyft spokesperson said. “We are currently in contact with law enforcement and have offered our full assistance and cooperation.”

The victim’s mother believes Lyft should perform more stringent background checks to catch predators like Perez.

“I wish Lyft would’ve done a better background check, especially if he’s a predator,” the victim’s mother said. “I think my son had the guts and the courage to come to me and tell me everything that had happened and he is my hero. My son is my hero.”

Investigators believe there may be other victims. They’re asking parents to talk to their children and call police if they suspect they’ve been victimized.

Source: 10.19.17 Lyft Driver Accused of Molesting Minor Confesses.pdf