News

Sheriffs in Okeechobee County have arrested a man sought by police for sexually assaulting a Palm Bay girl.  William M. Clark, (81), was taken into custody, at his residence, February 6, on a single charge of Lewd or Lascivious Molestation of a Child Under 12.

Palm Bay Police received a complaint December 17th, from an eleven year-old girl who said Clark touched her genitals inside her clothing.  The incident allegedly occured while the child was seated next to Clark in his vehicle.  The retired railroad worker was visiting the girl’s family for the Christmas holidays.

Clark will be transported to Brevard County to be arraigned on the charge. If convicted of the offense, he could spend the rest of his life in prison.

Police are searching for a man suspected of sexually assaulting an eleven year-old girl, in Palm Bay.  William M. Clark, (81), of Okeechobee,  is accused of touching the child’s genitals inside her clothing, December 17th, while seated next to her in his vehicle.

The child disclosed the abuse to her mother several hours after the alleged incident. The next day, specialists with Brevard’s Child Protection Team, recorded a statement in which the child identified Clark as her abuser.

Palm Bay Detective David Coulter, confirmed that the matter is under investigation, but would not say whether a warrant has been issued for Clark’s arrest.

The child’s mother told The Guardian-Brevard that police have been unable to locate the retired railroad worker.  They said his home in Okeechobee appears to be vacant and his whereabouts are unknown.  She said Clark has acquaintances in Cleveland Ohio;  Indianapolis, Indiana; and Davie, Florida.  He is said to be an active member of the Veterans of Foreign Wars. Clark may be driving the large, brown and white van, in which the assault allegedly occurred.

The Amber Alert ticker which crawls atop this page, is a big part of the resume Wayne Ivey offers in his bid for Sheriff.

The AMBER alert was instituted in 2002 as a system to notify the public after a child has been abducted.  Following the 2004 kidnapping and murder of Sarasota girl, Carlie Bruscia, police realized that alerting the public rapidly, through media and other means, was not enough. Ivey was part of the group that developed the Child Abduction Response Team (C.A.R.T.).  The system marshals specially-trained professionals, including police and other first responders, who react instantly to the alert.  The program has been adopted nationwide through the Department of Justice.

A former Resident Agent in Charge with the Florida Department of Law Enforcement and over thirty-one years of law enforcement experience, Ivey is one of six candidates running for the job of Sheriff of Brevard County.  Ivey, a Republican, has been endorsed by Sheriff Jack Parker as well as a number of Brevard Police Chiefs. Parker is retiring at the end of his term.

Joining Ivey on the Republican ticket is Sgt. Gary Harrel, an eighteen-year veteran of the Brevard County Sheriff’s Office and fellow Deputy, Lt. Todd Maddox, who has performed a variety of roles in his twenty-one years with the Sheriff’s Office.

Corrections officer Mark Orndoff is running as a Democrat.  Orndoff has served as a municipal police officer for West Melbourne and Melbourne Beach Police Departments.  Deputy Sheriff Adrian Moss Beasley, also a Democrat, has also announced for the top cop post.  A  fourteen-year, veteran Deputy, Ernest Cathy, is running as an independent.

A local man serving time for molesting a ten year-old girl, has lost his bid to have his conviction overturned. Joe Smithwick IV, was ordered back to prison, January 4th, after Judge Charles Roberts denied his claim that he was improperly defended by his court-appointed attorney.

Smithwick, (31), took the stand wearing shackles and handcuffs, during the three-hour hearing, in Viera. He said Public Defender Andrew E. Reid did an inadequate job of representing him.

Smithwick was found guilty of committing a Lewd Act on a Child Under 12, in a 2009 jury trial.  Judge John Earp, sentenced him to serve 25 years in prison, followed by a lifetime on probation. He was acquitted on a second count of Providing Obscene Material to a Minor.

During the hearing Wednesday, defense attorney Charles Nervine asked the judge for a dismissal on the grounds that Reid failed to cross-examine key witnesses.  He also said Reid erred when he made his summation to the jury. Assistant State Attorney Kari Mackay said the evidence in the case was so strong, that minor mistakes made by the defense, would not have affected the outcome.

Smithwick rejected a plea agreement offered by the State Attorney and opted to take his chances with a jury.  During the three day trial, jurors heard an audio recording of a telephone conversation between between Smithwick and the father of the victim.   In the call, which was  secretly recorded by police, Smithwick admitted to improperly touching the child. The State’s case was also supported by video recordings, of statements made to police, by both Smithwick and his victim.

Since his conviction, Smithwick has vigorously pressed the courts for relief.  In 2010, the Fifth District Court of Appeals, in Daytona, denied his request to have his sentence reduced.

Judge Roberts ordered Smithwick returned to Walton Correctional Institution in Defuniac Springs. He will remain in prison until 2032.

Volunteer court monitors with Protect Our Children were on hand for the hearing.