Lonnie Small Jr. picked the right time and place to run from the police.
In a rare ruling that hinges on when and where somebody can flee law enforcement officials, a Collier judge on Tuesday suppressed a weapon found on Small, a 53-year-old convicted felon who fled from city police responding to a September 2012 call in River Park.
Collier Circuit Judge Ramiro Mañalich found Small, who wasn’t a suspect when police responded to a call of a verbal argument, could legally run from police for two reasons — he didn’t immediately flee on first sight of police officers, and River Park isn’t a high-crime area.
The 2000 U.S. Supreme Court ruling in Wardlow v. Illinois, which involved a suspect fleeing Chicago police in a region known for heavy narcotic trafficking, found sudden flight in a high-crime area gives law enforcement the right to arrest.
Not only did Small not immediately take off from the scene of the verbal altercation — he first proclaimed his innocence to officers — but Mañalich found 5th Avenue North and 13th Street North in River Park doesn’t qualify as high-crime. Mañalich noted, however, that no precise definition is given for a high-crime region.
“Common sense says this is Naples. This is not a major inner-city area,” Mañalich said. “Because Wardlow represents such a significant erosion of Fourth Amendment principles, I have to hold the state to its proof to satisfy those elements. On this particular case, I don’t think those have been satisfied.”
While prosecutors and Mañalich didn’t dismiss the three weapons and fleeing charges against Small on Tuesday, Small’s lawyer, Steve Grogoza, said it’s likely the case will be tossed. Grogoza said Small faced a minimum three years in prison, though he expected prosecutors to seek up to a 10-year sentence.
“They don’t have any evidence now. The motion to suppress throws out the gun,” Grogoza said.
Small was released on his own recognizance as he awaits a decision from prosecutors on the charges. He still must post $7,500 bail on separate trespassing and drug charges filed after his weapons arrest.
Much of Small’s life has been spent in Collier jails or state prisons. He’s done three prison stints since 1987, including a 14-year term on murder and cocaine sales. Following his most recent prison stay, a 3-year term for cocaine charges ending in 2009, Small has been arrested four times by Collier County sheriff’s deputies or Naples police.
Small was out on $11,500 bond from drug charges when he was near the early morning argument in River Park. Three Naples police officers responded, testifying Small walked toward police, professed his lack of involvement in the argument, then started running. Small made it a few hundred feet before officers apprehended him, finding a loaded .22 caliber semiautomatic firearm in his right rear pocket.
Police said the River Park area often receives a high volume of calls, which could justify the chase under the Wardlow ruling.
Efforts to reach prosecutors and Naples police were unsuccessful Wednesday.
Naples Paddle Fest
Miss USA 2013
Collier County - Fugitive Warrants…
Scripps Interactive Newspapers Group
Comments » 63
Bramble writes:
I would disagree with judge on this. Suspect was fleeing in a high crime district that is in a low crime city.
Only 14 years for murder? Good grief, how many people does this character have to kill before he is put away for good? What is a convicted felon doing in the projects at 1 am anyway. There was reasonable suspicion and the the bust was a good one. Prosecutors should appeal. Hope they do. Got to remember this judge's name for next election.
gl1800 writes:
Common sense is fading away.
glennhamilton writes:
This is why crime and shootings are rampent. What is wrong with this judge's common sense and the original case history on this with that judge.
If you run from police after orders to stop THAT IS A CRIME.
That is common sense your honor.
TheFacts writes:
What would be a definition of High Crime District? 51 percent?
Al_makes_me_feel_like_marching writes:
liberals in action. Lets let this murderer off on charges. I say fire up old sparky
PMC_Rider writes:
I don't understand this ruling at all.
AVERAGEBEAR writes:
I don't understand most of this story. I could see running if they don't properly ID themselves and are not in uniform but the rest is pretty sketchy.
slickwillie writes:
River Park IS the high crime area of Naples isn't it?? what a joke, you see how the gun laws work, prosecutors always dismiss them but leave some other BS charge. guess he is related to O'blama somehow huh. say it ain't so!!!!!
mrbigpants writes:
So let me get this straight, you've got an armed convicted murderer and drug dealer running from police for no apparent reason. Because he tells police he's not involved in the altercation they can't chase him? The area doesn't have a high enough crime rate? What? How does this judge even dress himself in the morning?
karenleighton writes:
I want him for my judge........maybe the Slaby gang will be this lucky...
squall_line writes:
Hmph. I don't even like the po-po all that much (trust me, young white males get their cones scrunched by the "do you know why I pulled you over?" crew...not as much as some, but it's still a power trip and make no mistake) ... having said that, I would've said the answer to "When is it ok to run from the police" is "Never".
nightranger writes:
We don't need gun control in America.
We need judge control in America.
Tell the judge to go to River Park late at night and then tell me it isn't a high crime area..
AVERAGEBEAR writes:
And I guess Manalich is related to Marco Rubio. Wow, small world.
Spock_is_logical writes:
He be gittin some gin and juice to party..
Live long and hire a lovely human being lawyer.
tropical36 writes:
The law is the law and maybe good that it was properly enforced. Most likely this Judge knows he'll be back soon anyway on a charge that's legal and will stick. The Cops aren't going to let it go either and will be watching him closely.
Al_makes_me_feel_like_marching writes:
Man you are a genious ! Let him go kill someone else and then the judge will really throw the book at him.
FECOYLE writes:
Where do we get these liberal judges from?
SunStar writes:
No wonder even a simple case runs for years. Job security? Our tax dollars at work!
NeezDutz writes:
Outrageous Ruling
freedomsailor writes:
Excellent ruling!
cs84 writes:
A law is a law. Break it and right or wrong, you go to jail. Maybe if the libs believed this, we could make prison a bigger and better deterant to a life of crime.
Heraclitus writes:
Know the judge. Trust his judgment. Trust his ruling.
Fourth Amendment:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
No less important than the First or Second.
roadhouse writes:
Yes, because cops never lie....
tropical36 writes:
Hey, I agree. Let's get all the degenerates off the streets before they really do something rash. Get some real Gestapos on the force, trump up some charges and railroad them with false evidence to really put them away for good, if nothing else. Just as long as they don't make mistakes, trying to do that with your family or mine, we could care less, right?
deadbeatles writes:
Let me get this straight... I'm out on bond for criminal activity A... then committ criminal activity B... I'm not in violation, and my bond for criminal activity A, will not be revoked.
buster1 writes:
This clown is new to the criminal bench. Get used to his tree hugger views, crime will rise now with this bafoon and his ridiculous rulings.
Lemme writes:
River Park is NOT a high crime area. Hell, if it is so is Pelican Bay, Port Royal and Marco (we'll keep our guns!) Island. Good decision by this judge.
Jaimee writes:
this is a slap in the face of both common sense & law enforcement. If I was a cop I'd think "why bother trying anymore"
AssyMcGee writes:
This judge is not a friend of law enforcement any more.
Al_makes_me_feel_like_marching writes:
Absolutely you have the idea. I mean a convicted felon could not be up to no good. HE was just innocent bystander.
Mr_Smith_et_al writes:
How is it that no one seems to understand the concept of the proverbial “slippery slope?” This judge (and others like him) are the only thing separating we the people from tyranny.
As long as we’re going to throw out those pesky requirements for law enforcement, why don’t we just get rid of the “innocent until proven guilty,” or “probable cause” for detaining a suspect? Maybe the police should be able to detain anyone they want without probable cause, or incarcerate a suspect until he or she can prove they’re innocent? At least we’d all be safe, right?
Wrong!
Thank God for judges like this that stand guard of our liberties by policing the police.
Smith
Those who would give up ESSENTIAL LIBERTY to purchase a little TEMPORARY SAFETY, deserve neither LIBERTY nor SAFETY.
-Benjamin Franklin
rasputin writes:
What about his 2nd amendment right to carry a canon. Under no terms should this right be infringed, felon or not.
Al_makes_me_feel_like_marching writes:
Actually pal he has no right to carry since he hada fleony rap.
Heraclitus writes:
What Amendment says that a felon has no Second Amendment rights?... or First Amendment rights ... or Fourth or Fifth Amendment rights?
I don't understand the logic.
Is it a simple law that restricts one's rights? If someone passes a law that says no automatic weapons or 30 round clips, is it really legal?
I really don't understand the logic?
pipito writes:
so let me get this str8. step one, walk towards a cop and say "it wasnt me dAWG"..step 2 RUN.
Trexler writes:
Dew Drop Inn...
SandnSurf writes:
I second that!!!!
Dynasty239 writes:
That's great! Comparing River Park to Pelican Bay and Port Royal. If you're that ignorant I think you should live there. I hear it's very affordable. Not to mention murderers are allowed to drift around the community with concealed weapons.
SandnSurf writes:
This "clown" as you put it has been on the criminal bench for about 15 years. He has been serving in Lee and Charlotte Counties for the past several years which is why you haven't heard of him.
Open mouth, insert foot.
tropical36 writes:
Just saying that we in America have to make every attempt for doing things right. Otherwise we won't have anything but chaos.... as in disarray, jumble, turmoil, and tumult, like most every other country in this world.
Don't forget that I'm the one who always says that we don't shoot enough people in this country....just too many of the wrong ones!
vrodman writes:
WTH!!! I don't get it at all. The judge finds some BS where he suppresses the gun evidence?? BS. Here we have a CONVICTED FELON with a long history of crimes carrying a gun?? He knows he is in violation! So when the police show up for a disturbance and all one has to do is cry out, "I am innocent", hang out for a few seconds and then hit the bricks running like hell?? Crazy. Here we have a CRIMINAL with long history hanging out in River Park (no high crime rate in that area!! "sarcasm"). Yeah, Small is one upstanding citizen!! BS In this case, I side with the LEO's, WHAT THE HELL DO YOU WANT US TO DO, JUDGE?? In "peoples court", this guy goes back to the slammer on a gun charge, PERIOD! Yeah, I know, he got the gun legally. NOT. And the gun grabbers want to restrict my right to have and carry a gun?? Not with these dirt bags running the streets with illegal guns. And I have to fill out forms, background checks, waiting period, take gun classes etc etc?? Oh, I got it, this is a case of racism and illegal profiling. This is crazy. Just sayin'...
roadhouse writes:
Yeah, nothing like those pesky Constitutional Rights getting in the way of "justice". We should put a stop to them....
super101 writes:
so when a judge upholds our rights you hate him because he made the right choice i guess its illegal to go for a run when you see police.
roadhouse writes:
But it appears he is a friend to those who value their constitutional rights. So by not being a friend of "law enforcement" one must conclude that the judge is no friend of those who would infringe upon those rights. Thanks for pointing that out.
Davidh239 writes:
Just imagine if this judge was one that had been appointed for life like our Supreme Court.
The next time you vote for the POTUS keep that in mind. He/She appoints policy makers until they die or step down.
I agree with those who stated that this guy should not be on the streets with his record. As I've said before, his next victim may be the judge, his family or his defense attorney or his family. Karma.
mona1000 writes:
Is this judge on crack or something?
vrodman writes:
Constitution right for a convicted felon to carry a firearm?? What other rights are you speaking of? Not to be chased by LEO's in the middle of the night after screaming "I am innocent"??
beetlejuice writes:
spoken like a depuTurd
judge has to base case on facts & previous cases
but judge WAS wrong in case
nuff said
stillwatching writes:
Judge, ( and I use the term loosely !! ) Too much cerveza ?? (Beer in spanish) !! Well now that there is a Miami judge in Naples I guess the rest will follow.. Come one come all, welcome Ramiro, Fidel, Raul, Jose, Pablo, Juan, Paco, Goodbye paradise, hello hell ... P.S. Don't worry about grabbing the flag, it's already gone..
bigloo writes:
Oh, an experienced clown who let's a convicted murderer carrying a concealed weapon at 1:00 a.m. jog away from being detained.
For your information, a convicted felon cannot carry a concealed loaded gun...period!
This judge is not only a clown, he's an imbecile!
Want to participate in the conversation? Become a subscriber today. Subscribers can read and comment on any story, anytime. Non-subscribers will only be able to view comments on select stories.