Monday, April 12, 2010

A 36 Month Incentive (Trial)

It was noon at the Hillsborough County Courthouse. Unfortunately for me, everyone was out to lunch and all of the courtrooms were empty. So I picked a random courtroom door and took a seat next to it. A family of three was already seated across from discussing the possibility of jail time for one of their relatives.

I entered the courtroom and the first case brought before Judge Vivian Corvo was that of Gilberto Lopez. Lopez had previously been arrested for drug possession and was on probation. One requirement of his probation was a curfew from 8pm to 6am. This would be Lopez's downfall.

Polk County Deputy Curt Walker was there to testify regarding the night he arrested Lopez. On Sunday, February 7th, at around 3am, Walker was patrolling Memorial Blvd. in Lakeland. He noticed a car parked at a local Sunoco gas station, an area well-known for drugs and alcohol. Walker circled around and noticed that the vehicle had its headlights turned off as it exited the parking lot. He began to follow the vehicle and he also noticed a broken left taillight. Walker pulled the car over and saw two men in the vehicle. One of those men was Gilberto Lopez.

Walker asked the men what they were doing out so late and Lopez, the passenger at the time, said that they were just getting gas before going to Tampa where Lopez claimed he had a work project that began at 6am. But this didn't add up to Walker. First of all, the car wasn't parked at a gas pump when Walker first noticed it at the station. Second, Lopez claimed to be headed to Tampa, but the car was traveling east, the opposite direction of the city. Finally, it was around 3am and Lopez claimed his work project began at 6am. Even the slowest driver could make it to Tampa in less than 3 hours.

Walker ran a background check on both men and found that Lopez was on probation and that he was breaking his curfew by being out so late. He was arrested and charged with violation of his probation. But Lopez wasn't done making mistakes yet.

At his court hearing in March, Lopez claimed that Walker lied on his report, causing Judge Corvo to subpoena Deputy Walker. He also made the mistake of calling Judge Corvo "judge lady" instead of the more acceptable "your honor." Lopez later admitted that the Deputy's testimony was indeed true and apologized to Judge Corvo for his remarks.

Judge Corvo was not at all pleased with Lopez. This wasn't his first violation; in fact it was his fourth. "I gave you multiple opportunities," said Corvo, "now it's time to get serious." Judge Corvo offered Lopez a "36 month incentive." One more violation and Lopez will serve 36 months in prison. Also, he was put on 24 months of drug probation and cannot take any prescription drugs unless they are approved by the court. He must also attend two AA meetings a week and obtain a sponsor within 30 days who has been clean for at least 5 years. Judge Corvo also told Lopez that he is not to drink any alcohol whatsoever and that he better not be seen in or around any nightclubs or bars.

As Lopez was sentenced, I looked over and saw those same three family members from the lobby. They had a look of relief on their faces. Lopez was the relative they had been talking about. The emotional toll of his decisions were evident as one of them began to cry.

Lopez was let go, but Corvo warned that he better not be seen in this court under the same circumstances again. She emphasized that whether or not he ended up in prison is now his decision. "The choice is up to you," said Corvo.



To view Lopez's prior criminal history in Hillsborough County, follow the link and type "Lopez, Gilberto" into the inquiry search:

Hillsborough County Arrest Inquiry

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