State
of Florida
Office of the State Attorney
16th Judicial Circuit
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Office of the State Attorney 16th Judicial Circuit
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Criminal Justice System Overview Employment Opportunities |
FOR IMMEDIATE RELEASE MAY 25, 2006 Attacker of Homeless Man Gets 10 Years Just weeks away from the start of a four-year prison term for two violent street attacks, Jeffrey Jay Carbonell, then 19, struck again: In November 2004 he stomped a homeless man almost to death near Mallory Square. James Boyts, then 52, suffered multiple skull fractures from the beating. He was airlifted to Baptist Hospital in Miami in critical condition. Boyts says he was comatose for several days after the attack. Today the justice system struck back. Circuit Judge Mark Jones today sentenced Carbonell, now 20, to ten years in prison followed by five years’ drug offender probation for the aggravated battery. He must also pay restitution to Boyts. Handing down the sentence, Judge Jones said that Boyts had been “savagely beaten just because he happened to cross [Carbonell’s] path.” Carbonell was first charged with a violent crime when he was 17 years old. In May 2003, along with an accomplice, he robbed a man at Mallory Square. Holding a .32 caliber handgun inches away from his victim’s face, he made off with a silver chain and a Harlem Globetrotters cap. Out of jail on bond for the armed robbery, Carbonell attacked a patron of a gay bar on Duval Street in February 2004. With a friend restraining his victim, Carbonell punched the man in the face while shouting insults about the man’s sexual orientation. He was charged with “battery evincing prejudice” – a hate crime. In October of that year, Carbonell pleaded guilty to both crimes. Judge Richard Payne sentenced him to four years in state prison. But over the strenuous objection of prosecutors, Payne allowed Carbonell to begin his sentence that December. 14 days before he was sent away, Carbonell attacked Boyts near Mallory Square. According to police reports, KWPD Officer J. F. Gabbay was dispatched to Front Street in the early morning hours of November 16, 2004. There he found Boyts “bleeding extensively” from wounds to the face. An eyewitness said that a gang of men had attacked the homeless man, hitting him and kicking him in the head. Carbonell continued to kick Boyts in the head after the rest of the group had dispersed according to the witness. Police caught up with Carbonell and an accomplice Chad Willis later that night at Willis’ residence on Caroline Street. Carbonell’s sneakers were covered in blood. DNA testing later showed that the blood belonged to Boyts. Carbonell appeared in court today wearing jailhouse blues and a black Rosary around his neck. He told Judge Jones that he had been “messed up” the night of his brutal attack. “When I drink I’m very violent,” Carbonell said by way of explanation for the beating. A visibly upset James Boyts also addressed Judge Jones. Telling the court that “Jeffrey Carbonell needs to be put in prison for a very long time,” Boyts described the physical and psychological damage cause by the attack. “My injuries are real bad,” he said. Boyts testified he had lost his sense of balance. “I can’t hold my head up when I walk down the street. I have to watch every step.” He also said “I’m afraid for my safety every day.” Mark Wilson prosecuted the case for State Attorney Mark Kohl. Calling the crime “senseless” and “brutal,” Wilson had asked the court to classify Carbonell a “habitual violent felony offender,” a distinction which would have required Carbonell to serve his entire sentence without “gain time” for good behavior. Although Judge Jones conceded that Carbonell met the statutory criteria, he declined to classify Carbonell as a “habitual violent felony offender” citing the defendant’s youth and his belief that Carbonell was not a danger to the community. “I’m pleased that Mr. Boyts finally received a measure of justice today,” said Wilson. A restitution hearing is scheduled for next month. |
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Last modified:
10/23/07
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