Florida Criminal Defense Attorney Gets “Guilty” Verdict Overturned by Judge
The importance of retaining board-certified criminal lawyers in Florida cannot be overstated. This was clearly demonstrated when a Florida Judge overturned a jury’s guilty verdict of a Sebastian resident, 47-year-old Dr. Angela Shelton, who was represented by two of our very own attorneys at Funk, Szachacz & Diamond. The skillful defense of Attorneys Kepler Funk and Keith Szachacz led the judge to ultimately conclude that the prosecution had not proven the defendant’s guilt beyond a reasonable doubt. Florida Circuit Judge Cynthia Cox overturned the guilty verdict the day before Dr. Shelton was scheduled to be sentenced.
About the Case
Attorneys Kepler Funk and Keith Szachacz represented Dr. Shelton, a Board-Certified OB-GYN and Medical Director of Ideal Image Laser and Hair Removal. Dr. Shelton was charged with fleeing the scene of a fatal hit and run accident that caused the death of 36-year-old Nickolas Thomas Kenesky in 2016. After a two-day jury trial, Dr. Shelton was found guilty on September 20, 2018. Dr. Shelton’s actions led the jury to conclude she had knowingly struck a person and fled the scene. However, guided by the evidence and defense brought by our attorneys, the judge concluded this could not be proven beyond a reasonable doubt.
“We are very happy for Dr. Angela Shelton. She has served our community well and will continue to do so,” Criminal Defense Attorney Funk said to Vero News. “While we respect jury verdicts, they are by no means infallible. The law allows for a thoughtful, legal review and that is exactly what Judge Cynthia Cox conducted.”
Florida judges have the authority to overturn a jury’s guilty verdict when they employ their expert legal knowledge and determine there is not sufficient evidence to prove a defendant committed any given crime. The specific reason Judge Cox decided to vacate the jury’s guilty verdict was because she concluded that it had not been fully proven that Dr. Shelton knew she had struck a pedestrian. Shelton’s defense was that she was not intoxicated at the time of the accident, it was dark outside, and she had only thought she had hit a road sign and not a person. Dr. Shelton was also described as extremely emotional and “hysterical” when law enforcement first informed her she caused the death of Kenesky.
Proven Legal Representation in High-Profile Criminal Cases in Florida
At Funk, Szachacz & Diamond, we have seen many acquittals of our clients. Over the years, we have provided counsel to judges, members of NASA, professional athletes, fellow lawyers, and many other prominent individuals and corporations accused of criminal offenses. Our team-driven Melbourne criminal defense attorneys will fight to protect your rights and reputation.
If you or a loved one has been accused of a crime in Melbourne, Florida, don’t delay – contact us immediately online or by calling (321) 360-4446 today!