Charges dropped against Val

[Valigator]

Self-defense cited in assault case
By Macollvie Jean-François

South Florida Sun-Sentinel

January 23, 2008

Prosecutors won't file charges against an activist accused of threatening to kill a registered sex offender, saying she acted in self-defense, according to documents released Tuesday.

Valerie Parkhurst, 52, faced felony charges of aggravated assault with a firearm and carrying concealed weapons after she pointed two guns at Dale Weeks, 49, in Davie on Dec. 1. Parkhurst and her attorney, Eric Schwartzreich, met with prosecutors in early January, and the State Attorney's Office decided Friday not to file formal charges.

"The defendant appears to have acted in self-defense having knowledge of Weeks' prior violent sexual offender conviction," Assistant State Attorney Jules R. Cohn wrote in a memo. He added there would be "no likelihood of conviction."

Weeks said the decision is biased.

"The bottom line is they're taking her side of the case," Weeks said. "They're sending a message that allows somebody to break the law and point or fire a pistol at anybody. It's vigilante-style law."

Police had said Parkhurst threatened to kill Weeks and his girlfriend, Maria Rodriguez, when the couple drove onto a street where Parkhurst was handing out sex offender warning fliers. The street was a couple of miles from Weeks' home, where Parkhurst had passed out fliers about him earlier and had words with Rodriguez.

During the confrontation in the 4600 block of Southwest 66th Avenue, a dead-end street, Parkhurst said she thought the couple was following her and asked them to back up. The couple, who told police they were heading to a store and made a wrong turn, said they had trouble backing up.

Parkhurst said she became scared for her life and took a pistol out of her truck to scare them off. Another heated exchange followed, and when Parkhurst retrieved a shotgun, Weeks called police.

In his memo, Cohn said Parkhurst's actions were legally acceptable under the Castle Doctrine, which allows people to protect their homes, and themselves in public places, if they feel threatened with death or bodily harm.

Weeks' and Rodriguez's credibility is also weak, the memo said. He is a felon and she has outstanding warrants for a pending worthless-checks case in Jacksonville.

Ron Ishoy, a spokesman for the State Attorney's Office, said the concealed weapons charge was dropped because "it appears the defendant's firearm was securely encased in a holster before it was removed for purposes of self-defense."

Possessing a concealed weapon without a license is lawful if the item is not readily accessible for immediate use, Ishoy said.

"We're very pleased with the State Attorney's resolution of the case," Schwartzreich said.

Parkhurst applied for and is enrolled in classes to qualify for a concealed weapons permit.

"I'm up in arms over this," Weeks said. "They're allowing her to get a permit, after the fact. I find that very upsetting."

Copyright © 2008, South Florida Sun-Sentinel

[Dan Morris]

I kinda felt like you waz home free.....NOW, get your CCW!
Dan

[indyhntr]

Congrats:)

[popplecop]

Aw,, common sense does prevail, now how much did it cost for the Sunshine state to to see the error in their ways. Congradulations Val.

[M.T. Pockets]

HooRaaay.

This Weeks sounds like a real prize. One of Florida's finest.

The State Attorneys sound like they came to their senses.

Did the paper offer to interview you at all Val ? They gave Weeks some time & space in the paper and I should hope they did for you too.

Sorry for all the headache this caused you. Sometimes it's not easy being right.

[Lilred]

Val, that's wonderful!
I can say it aint surprise me much tho...but I'm glad everything turned out ok fer ya. You take care of yerself girlie!

[Rocky Raab]

Whew!

Val, if a reporter does contact you, tell them that there's no point in an interview now that it's over, and politely decline to speak to them. The ONLY thing they'd accomplish is to trash you and re-light the fire - which might even be their intent.

Freedom of speech also means freedom to shut up.

[fabsroman]

Thank God.

I agree with Rocky, but I wouldn't even go as far as saying anything more than "I have no comment" and hanging up the phone at that point. That is all I tell reporters when they call to ask about cases I am working on.

Popplecop,

It cost the state of Florida a lot less to drop the charges than to actually take the case to trial. They made the right decision.

[Skinny Shooter]

Way to go Val! Am glad it worked out for you. :)

[Valigator]

Thanks everyone, its a big headache off me...

[BILLY D.]

Congrats Val

See, prayer does work.

I agree with Rocky, don't say anything to anybody. Dirtbag will say anything, for one reason, some free press and to build his ego.

Just be your sweet little self and stay the victim. Now is not the time for macho antics.

As my hero Yogi once said, "it ain't over till it's over".

Get that Concealed Carry Permit today.

Best wishes, Bill

[skeet]

Congrats on beating the rap..or whatever ya call it. Anyway keep quiet...and keep a low profile for a while. Couple of months anyway. I know it may go against the grain but that dirtbag may even try setting you up. They ain't always the dumbest critters ya know. Not only that, it will make you look, at the very least, non confrontational. Keeping a low profile and not lookin for trouble. Hate to say this but the law never forgets...even the good guys or gals. They hardly ever seem to use real common sense in deciding the right and wrong of a case. They just usually arrest every body and prosecute and not worry about the right and wrongs of a case. Anyway. You da gal !!!:D :p

[Rapier]

Val,
I am very glad for you, it is, I am sure, a heavy weight off of you. Right or wrong the state can really bring pressure to bear, unless you are a dirt bag and do not care. The cops are used to dealing with the cruds and can be pretty tough on the good guys without intent.

I see that Weeks and his girlfriend deserve each other. What the hell is she thinking, or not, living with a violent sex offender, duh. With outstanding warrants she calls the cops, just brilliant. When she turns up in a dumpster she can be put in for a Darwin award.

Val, think about leaving that Broward/Dade rat hole and moving to north Florida, where the real people of Florida live. We do not put up with such as all of that you just went through. Now our folks do shoot abortion clinc doctors though.:D But that aside, north Florida is a great place to raise a young man.
Ed

[grayghost]

Bravo!

[gumpokc]

Woot! congrats Val!

I agree with Skeet, he's going to be "gunning" for you now, along with at least _some_ media types.

keep your eyes open, and again congrats

[Nulle]

I would be very careful in handling the Press as you well know they can be a valuable tool and a urinating match is not good and you would lose that one.

[Valigator]

I got this call yesterday from the Broward Times...little newspaper that printed early on an article that made me sound like I was out gunning for the world. Anyway after this last peice was written, he wanted to know why the police didnt arrest her at the time for the outstanding warrants? I told him he would have to ask the police that one.

[Valigator]

found this this am

DEFENDANT IS CHARGED WITH ONE COUNT OF AGGRAVATED ASSAULT WITH A FIREARM AND CCF.
DECLINE. VICTIM DALE WEEKS IS A VIOLENT CONVICTED SEX OFFENDER. DEFENDANT WAS DISTRIBUTING FLIERS IN VICTIMS NEIGHBORHOOD THE MORNING OF HER ARREST AND WAS CONFRONTED BY HIS GIRLFRIEND MARIA RODRIGUEZ. SEVERAL HOURS LATER, THE DEFENDANT WAS DISTRIBUTING FLIERS 1.7 MILES FROM THIS INITIAL CONFRONTATION FOR ANOTHER CONVICTED SEX OFFENDER WHEN THE VICTIM, DALE WEEKS PULLED UP IN A VEHICLE DRIVEN BY RODRIGUEZ . THE VEHICLE PULLED DIRECTLY BEHIND DEFENDANT ON A NARROW STREET BLOCKING HER ESCAPE. DEFENDANT GAVE A COMPLETE STATEMENT AS TO THE DETAILS OF THE INCIDENT ELABORATING THAT SHE SAW THE TWO OF THEM ARGUING AND RODRIGUEZ PULLING ON WEEKS' SHIRT TRYING TO KEEP HIM IN THE CAR. WEEKS GOT OUT OF THE CAR AND STARTED YELLING AT DEFENDANT. DEFENDANT BECAME FEARFUL FOR HER SAFETY, WENT TO HER VEHICLE, PULLED A GLOCK HANDGUN AND POINTED IT AT VICTIM TELLING HIM TO LEAVE HER ALONE. VICTIM WEEKS GOT BACK INTO THE CAR, AND RODRIGUEZ BACKED UP FOR A DISTANCE THEN DROVE AT A FAST RATE TOWARD DEFENDANTS' CAR PULLING UP AT A 45 DEGREE ANGLE BLOCKING HER OFF AGAIN. HE THEN CAME OUT OF THE CAR. WHEN DEFENDANT SAW THIS, SHE GRABBED A SHOTGUN WHICH SHE KEEPS IN THE VEHICLE FOR SPORT SHOOTING AND WENT TO THE BACK OF THE VEHICLE ON THE DRIVERS SIDE WHERE SHE CONFRONTED WEEKS WHO WAS MOVING TOWARDS HER AND WAS LOCATED ON THE PASSENGER SIDE REAR BUMPER. VICTIM THEN, WITHOUT POINTING THE SHOTGUN AT HIM, TOLD HIM TO STOP AND THAT SHE WILL SHOOT HIM IF HE COMES ANY CLOSER. WT RODRIGUEZ THEN GOT OUT OF HER CAR AND WENT TO THE PASSENGER SIDE STRUGGLING WITH WEEKS PUSHING HIM INTO THE CAR. POLICE WERE CALLED BY WEEKS. DEFENDANT WENT TO HER VEHICLE, DUMPED OUT HER PURSE, LOCATED HER CELL PHONE, AND CALLED FOR POLICE. POLICE ARRIVED, AND ARRESTED DEFENDANT. DEFENDANT APPEARS TO HAVE ACTED IN SELF DEFENSE HAVING KNOWLEDGE OF WEEKS PRIOR VIOLENT SEXUAL OFFENDER CONVICTION. DEFENDANT ACTED PURSUANT TO THE CASTLE DOCTRINE. THERE WAS NO DUTY TO RETREAT ON HER PART AND THERE IS NEW CASE LAW FROM THE 4TH DCA WHICH DOES NOT REQUIRE HER TO AVOID THE DANGER PRIOR TO THE USE OF
STATE V. VALERIE PARKHURST (CONT'D)

FORCE SEE MCWHORTER V. STATE. 2007 WL 4322184, 32 FLA.L. WEEKLY D2921 DECIDED DECEMBER 12, 2007. IT SHOULD BE NOTED THAT RODRIGUEZ HAS OUTSTANDING WARRANTS FOR MISDEMEANOR WORTHLESS CHECK CASES PENDING FROM 2006 FROM JACKSONVILLE. THERE IS ALSO A CREDIBILITY ISSUE AS WELL WITH REGARDS TO BOTH WEEKS, AND RODRIGUEZ IN ADDITION TO THE INSURMOUNTABLE ISSUE OF SELF DEFENSE. DEFENDANT HAS BEEN ACTIVELY ENGAGED IN DISTRIBUTING FLIERS OF KNOWN SEX OFFENDERS WHO HAVE MOVED IN THE AREA, IS AWARE OF THE INHERENT DANGER INVOLVED, AND HAD POSSESSION OF THE WEAPONS FOR SELF DEFENSE. THIS IS AN EXCEPTION FOR THE CCF STATUTE. NO LIKELIHOOD OF CONVICTION.

[fabsroman]

Looks like that came from the prosecution.

[McPat]

Val,

I just want to say congratulations also. God bless you.

McPat

[jon lynn]

Way to go VAL:)

Finally good news for a good person!

[gspsonny03]

Good job Val. And don't listen to them about moving to North Florida. There is still a mountain out here with a cabin on it just for you. Take care of your self and God Bless.

[muledeer]

What a relief for all of us and you!! Get your CCW.
muledeer

[Valigator]

you guys are a hoot with the "new post" I'll try and keep up with a pointer under one hand and a nice vodka and water with just a wee touch of lemon in the other!!!!!!!!!!!:D :D :D :D ;)

[denton]

LOL! Weeks must be a pretty dim bulb. First a Glock, and then a shotgun, and he continues to confront you, unarmed? Then, after instigating the confrontation, he calls the police? Is there such a thing as criminal stupidity?

Life is hard. It is even harder when you are stupid. Week's life has to be really, really hard.

[Valigator]

I was waitin for someone to state the obvious..I dont think this incident will be the last for Weeks, few bubbles short of plum I believe. I wanted him out of my neighborhood before this encounter and nothing has changed. In fact I think its imperative.

[Valigator]

Originally posted by gspsonny03
Good job Val. And don't listen to them about moving to North Florida. There is still a mountain out here with a cabin on it just for you. Take care of your self and God Bless.


Thanks my friend, now thats something I could wrap my mind around.....

[Rapier]

Hey Val,
You made the front page at Keep & Bear Arms.com

http://www.keepandbeararms.com/

The photo does not do much for a lady though.:D :D
Ed

[Valigator]

Yea I think me and Nick Nolte need to protest and have our mugshots retaken..