Here’s an update on some court cases in the Osceola and Ninth District:
Anas Muhammad charged: Muhammad, the 17-year-old who police say stabbed a 16-year-old neighbor to death at their Kissimmee apartment complex last month, has been charged as an adult in the killing and has a trial scheduled in early 2023.
Muhammad has been charged with second-degree murder with a weapon in the murder of Paola Pagan, a 16-year-old who was stabbed on the morning of Nov. 17 on her way to school at Osceola High. She later died at the hospital from her wounds.
Muhammad’s trial has been scheduled for the week of Feb. 6; a pre-trial hearing is scheduled for Jan. 25. He was scheduled to be transferred from the Orange County Juvenile Detention Center to the Osceola County Jail this week.
According to a case affidavit, the victim’s mother found her inside the Kendrick Drive apartment door around 6:26 a.m., minutes after Paola left to go to the bus stop. Kissimmee Police interviewed other juveniles who lived in the apartment complex, who Pagan’s mother said she was friends with. After identifying Muhammad as one of them, he gave an account of his whereabouts that morning. But when the story didn’t match his phone records, Muhammad confessed that he waited at the bottom of the stairs for Pagan to walk into a breezeway, approached her from behind and stabbed her numerous times with a small pocketknife. He then fled the scene, but when questioned led police to where he discarded much his clothing along the Kissimmee Trail.
County files to dismiss Sales Tax ordinance lawsuit: While a judge denied a lawsuit, filed by resident, that an ordinance to extend a special county one-percent sales tax referendum, was allegedly misleading, Osceola County has since filed a motion to ultimately dismiss it. It will be heard Feb 1.
On Nov. 4, Judge Robert Egan denied the injunctive lawsuit, which asked the courts to take the referendum off the ballot. Attorney Anthony Sabatini claimed that since the surtax is labeled as “one-cent” instead of “one percent,” making it misleading to voters.
“By using the term ‘cent,’ (the ordinance) conveys to voters the impression that the tax increase is less than it materially is by not disclosing the rate of the tax,” the lawsuit stated. “There is no reason for a local government to use the term ‘cent’ as opposed to ‘percent’ other than in an attempt to lessen the impression of the tax increase in the mind of the voter … This deceptive, purposeful ambiguity is a clear violation of Florida Statute.”
The suit called the tax, “The single largest tax proposal in Osceola County history and will cause plaintiff financial harm.” But Egan ruled he found no reason to pull the ordinance off the ballot, at the 11th hour. Voters passed the one-percent extension in the election.
In its filing to dismiss, the county noted state law requires the use of the term “cent” in posing an infrastructure surtax ballot question to voters. The filing references a sales tax referendum that was also on the Nov. 8 ballot in Orange County, which also used the term “one-cent” in whether voters should accept or deny it. (The Orange referendum failed by a large margin.)
Espinosa’s August election lawsuit dismissed: At a motion hearing Thursday, Judge Lisa Munyon heard motions from attorneys for the Osceola County Canvassing Board and candidates Cheryl Grieb and Carlos Irizarry to object to Jackie Espinosa’s discovery efforts regarding the Aug. 23 “universal primary” election for the County Commission district 4 seat, and to ultimately dismiss the case.
On Monday, Munyon dismissed the case, citing, “The complaint makes no factual allegations that an election official or canvassing board member was given or offered a bribe or reward. The complaint is based solely upon the allegation that Irizarry received a bribe to run … The complaint fails to state a cause of action.”
Grieb said Tuesday she’s glad to have this “unnecessary lawsuit” dismissed.
“It is a shame individuals are clogging our court system with unsubstantiated lawsuits that cost our Osceola County taxpayers to defend,” she said.
THURSDAY UPDATE: Espinosa has filed a filed a Notice of Appeal with the Fifth District Court of Appeals. We'll keep you posted.
Espinosa had sued, stating Irizarry was paid to run in the race as a “ghost” candidate to divide the district’s Hispanic vote. Grieb, a two-term incumbent, won the election with just under 48.8 percent of votes; Espinosa and Irizarry finished second and third.
The Canvassing Board’s motion to dismiss stated Espinosa was aware of a potential plot to put him in the race in the months before the election, “and Plaintiff improperly waited until after the election to contest the results.” Additionally, the lawsuit does not accuse the Board of wrongdoing, and that it had “limited knowledge” of the accusations, and that the lawsuit is an attempt to second guess the will of the voters.”
Grieb and Irizarry’s near-identical filings note that Espinosa did not file a complaint with the Florida Elections Commission, which would have granted it jurisdiction to investigate if any state violations were committed.
Espinosa said disenfranchisement can’t be proven until after the election.
“Then you go to civil court. This is a civil thing, and it’s hard to overturn an election, and we knew that’d be hard,” she said. “We’re trying to set a precedent for it, and create case law in case it happens again. It’s an expensive way to create case law.
“I don’t have a problem that Cheryl won, it’s not a personal thing. My problem is, had Carlos not been in there, then the people could have spoken.”
Espinosa said that a Florida Department of Law Enforcement investigation into the matter continues.
