Thursday, December 15, 2011

Hendry's Boyle Agrees To "Get Out Of Town" To Avoid Jail

Judge Sloan Gives "Out Of State" Probation To LaBelle Man After 22 Jail Bookings

LABELLE, FL. -- Bryan Scott Boyle appeared in Hendry County Court this morning to plead guilty.

Through his attorney he asked Judge James D. Sloan to accept a plea agreement between himself and the State Attorney's Office, essentially giving him a "get out of jail card" if he leaves town.

Perhaps singing "Georgia On My Mind" to himself, Boyle was in court in LaBelle Thursday morning  for trial and sentencing on four driving related charges and failure to appear.

Boyle, the son of the city of LaBelle's Superintendent of Public Works Michael A. Boyle, after a lengthy record in Hendry county including numerous misdemeanor and felony arrests going back to 1993, may shortly be headed to Georgia.

In a thinly disguised, but probably legal plot to get repeat offender Boyle to leave Hendry county and Florida, the State Attorney's office in consultation with Hendry Sheriff Steve Whidden agreed with Boyle's public defender to propose an unusual plea agreement to County Judge James Sloan.

Sheriff Whidden watched this morning's proceedings from the courtroom's visitor seating. Boyle's Port LaBelle neighbors have been after the Sheriff to do something about Boyle's and his escapades at the normally quiet Laurel Oaks neighborhood.

The court agreement allows Boyle to escape 60 day's jail time in return for six months probation on each of four charges for a total of two years probation. 

The kicker is, Boyle said he's moving to Georgia, and the court agreed to allow Boyle to report to Hendry probation by mail from Georgia, and Boyle will be considered for early termination of probation if he gets a job in Georgia and stays out of trouble.

Although it's unconstitutional to force anyone to leave the jurisdiction or state as a condition of sentencing, or probation, this legal maneuver persuades Boyle to go to Georgia for the chance to avoid a 60 day jail sentence, and enables early termination of Hendry county probation if he gets a job in Georgia. 

The State Attorney's office says it will not object to early termination if he does as agreed.

Boyle additionally, by moving to Georgia gets "mail-in" probation terms where he doesn't have to physically report to a Hendry probation officer.

During sentencing Sloan admonished Boyle of "consistent and persistent disregard" for rules and noted there comes a time "where it's not just shrugging my shoulders." Sloan told Boyle because of his lengthy record he could be prosecuted for a felony if he keeps messing up.

Sloan told Boyle he will get an automatic 90 day jail sentence if he violates traffic laws or terms of probation. Boyle will pay $803 in court costs and fees plus $500 on his failure to appear charge, jail time was suspended.

Boyle can still appeal the Judge's jurisdiction and sentence within 30 days. Boyle was finger printed and left the courtroom, a free man, except for the probation terms.

After Boyle had left the courtroom, Judge Sloan made informal comments to attorneys how it was illegal to force offenders out of state, but pointed out in the 1970s, Miami officials had been caught putting vagrants and other undesirables on buses headed for distant destinations.

Boyle's Last Ride To Georgia
Hendry Sheriff Steve Whidden last captured a fleeing Bryan Scott Boyle October 5th after a run through the rural streets and fields of Port LaBelle..

Sheriff Whidden, accompanied in the squad car by his father visiting from Groveland, Florida, was led on a chase by much arrested Boyle as Whidden was attempting to serve an arrest warrant on Boyle.

The arrest made the 22nd jail booking for Boyle, and the eighth time booked into the Hendry jail in 2011.

His last prior arrest was September 30. Boyle was arrested again on charges of violating restrictions on his driver's license, and additionally for failure to appear in court on a previous charge.

Leading the Sheriff over ditches and through the greenbelts of Port LaBelle, Boyle stopped at 8001 Sherwood Circle in Port LaBelle where he was placed under arrest.

Boyle's truck was confiscated and towed. Boyle was released from jail within hours of his last arrest, a typical scenario for Boyle.

The home is occupied by Harriet F. Green, AKA Harriet Smith, Harriet Hunter, and Kit Green. Green, a friend of Boyle, was arrested April 26th on charges of possessing a firearm by a convicted felon.

She's due in court January 19th for a case management conference before Circuit Judge John Duryea.

Well-worn truck tracks in the empty lots next to and at the rear of the Green residence indicate a lot of truck traffic backing up to the back yard of the 2,082 square foot home, as if this was not the first time Boyle had been driving his one-ton white flatbed truck here.

Boyle lives with his mother, Susan Lynn Kennedy, aka Susan K. Denning at 4502 Springview Circle in Port LaBelle, the scene of an April, 2011 arrest of his friend John Robert Munson for probation violation. (Video of Munson's arrest.).

Munson was given six months in jail. Munson is the son of pharmacist John K. Munson, who formerly owned Hendry two county drug stores and is now owns a store in Highlands county in Lake Placid.

Kennedy, like her son, has a long arrest record of 16 bookings into the Hendry jail in the last 9 years. Her next court date is January 18, 2012 before Judge Sloan on violations of driving restrictions.

1 comment:

  1. Anonymous2:22 PM

    It is well known that drug dealers and others leave Hendry when things get hot. It is standard Op. procedures in order not to be majorly investigated. This is an official post trial version of the same type of thing in principle in my opinion.
    These dirtbags seem to know where the drive through window is in hendry. Its funny how dopers in general bragg about their fast food. But then again who would be crazy enough to believe dopers calorie and saturated fat content label anyway.