Couple faces 15 years behind bars after a grandma records them having sex on Florida beach

a reply to: Biigs

This is a good point, no charge for the old lady filming alleged sexual activity in a public place?

Is that illegal or something?

Good they will have plenty of sex in prison.

Jeb 2016!

Well I might as well throw in my pebbles too..... I think the couple was doing it to get caught and turn it into publicity for themselves. The only good way I can see to have dealt with this situation would have been to be some kick ass person that asks them politely to please take their passion to a suitable location. Then when pretty boy runs his face...you kick him in it and after he falls backwards onto the sand you walk over to him step on his neck grab him by his arm and twist it around behind his back and dislocate his shoulder. then you grab him by his hair and stand him up and escort him off the beach after taking publicity shots of him and posting them on the evening news to show what happens to people that have sex on the beach in broad daylight and then mouth off to the people that ask them to please be appropriate.

I'm ALL for "HOT SEX" but this was over the line as far as I am concerned. I can tell by the pics in the news article that they are very proud of themselves and their bodies. I think that is great but they still need to learn some manners. Obviously proposing 15 yrs for such a thing is just as obscene as the act itself and I'm sure it will not go far....but the peoples over the top pride is getting the better of them and they will pay waaaaay more then they would have if they had just been a little more respectful of others.

a reply to: alienjuggalo

This must be Florida in Saudi Arabia - right? Or perhaps Dubai?

originally posted by: boohoo
Here is the crux of it all, per the prosecutor:

"We gave them a reasonable offer, what we felt was reasonable, and they decided it wasn’t something they wanted to accept responsibility for..."

So because they exercised their constitutional right to a trial, the prosecution then deemed that decision, as evidence and cause for aggressive prosecution.

The USA is a Fascist State!

I've been following this discussion on a forum based in central Florida. The majority of the posters feel they are getting what they deserved because they did not take the plea deal.

It is a major problem. The ignorant citizens are cheering this one, the prosecutor and judge are claiming victory. Meanwhile many of us are left confused.

This means that if we are ever in a situation where we elect to go to trial, then we can expect the prosecutor and judge to throw the book at us, because we want to use our Constitutional right?

That is not justice! We truly have a kangaroo court system today.

a reply to: stargatetravels

Dubai only hands out 3-6 months prison sentences for sex in public.

This is Florida, where this trial happened is full of retirees and conservative Christians. The judge and prosecutor are quite popular because of this. I am amazed at how many of my fellow Floridians think this punishment is justified.(though most say it is just because the couple did not take the plea).

Rapist, child molesters, and even murders can face less time. Obviously something is wrong with not only our legal system, but the public perception of justice.

a reply to: mOjOm

But he served his time and that is over with now but let's not let that matter. Because nobody is allowed a mistake. Even a non violent mistake of transporting Cocaine. Oh no, we must punish those people until they are dead. No forgiveness, not even after they've done their time for the crime.

Well, apparently he didn't learn from his coke trafficking "mistake", since he thought it would be perfectly acceptable to further break the law by boinking his girlfriend on a public beach. 15 years for behaving like a depraved imbecile is ridiculous, but your insinuation that a convicted felon is just some innocent, misunderstood little lamb is right up there on the ridiculousness meter with it. It's not like he "accidentally" got into drug trafficking. It was a choice.

originally posted by: jrod
I've been following this discussion on a forum based in central Florida. The majority of the posters feel they are getting what they deserved because they did not take the plea deal.

It is a major problem. The ignorant citizens are cheering this one, the prosecutor and judge are claiming victory. Meanwhile many of us are left confused.

This means that if we are ever in a situation where we elect to go to trial, then we can expect the prosecutor and judge to throw the book at us, because we want to use our Constitutional right?

That is not justice! We truly have a kangaroo court system today.

originally posted by: mOjOm
I'm not saying they shouldn't be in trouble as it is against the law. But 15 years??? They would have got less time had they killed that same grandmother.

originally posted by: Dimithae
They should have just killed someone instead,they would have only gotten 7 years.

The justice system is putting ALL witnesses at risk with sentences like this. We have reached a point, where severely inuring a witness, results in the same level of punishment. Therefore its safe to assume that severely inuring a witnesses will become standard operating procedure among hardened criminals. Heck, cops are operating in a pretty similar way when people film them breaking the law.

Mark my words, one day, hardened criminals are going to start taking names when they get convictions and those witnesses/do-gooders are going to be in a world of hurt for doing what they "thought" was right. Remember we are not dealing with the typical Boomer ex-con or GenX ex-con, we will be dealing with Millenial ex-cons, with a TOTALLY different mentality, ala the people responsible for the Virgina Tech Shooting or the Aurora Shooting. The US government has set up a system where the convicted lose everything, with little chance to repair their reputations. There will be unintended consequences stemming from such policies.

I cannot help but laugh at the responses saying things like "sex should be behind closed doors." Where do you think we lived before we moved into caves and made houses? Let me guess, God made us ashamed of our bodies and the natural act of procreation for.... some such reason.

They could have found a private place, hell maybe they were up in the dunes.... you know where the young kids drink and play guitar at night. Horrible people all of them /sarcasm. Fifteen years for screwing another consenting adult is absolutely retarded. If you don't think so, then I'm afraid you may be retarded.

a reply to: mOjOm

Does anyone even care that not one witness nor the video taken of this couple showed them actually having sex???

It showed them gyrating with her on top. Nobody could say they saw penetration or genitalia at all. They thought they were having sex and presumed they were, but can't prove they were at all.

You do realize that you can have sex quite easily without taking off your bathing suit...right? I'm not going to draw you a diagram but suffice it to say that a tiny bikini bottom and that ridiculous banana hammock he was sporting can be easily moved to the side. They'd have a hard time proving that they weren't actually having sex. Particularly when the first episode went on for 25 minutes straight. I'm sure they weren't just "gyrating" for almost half an hour because they were practicing dance moves or something...no one is going to skin up their knees with all that sand for no payoff, if you catch my drift.

ETA: pun intended, btw

a reply to: tigertatzen

at the very least they were mutually rubbing one out.

a reply to: tigertatzen

His prior arrest should not come into play.

I'm sure the state of Florida just sees this man as 15 years of slave labor for the prison industrial complex. That is what we have in Florida and most of those who have never been arrested are clueless about this and cheer tough on crime laws, 3 strike rules, and other legislation that makes the for PROFIT prison wealthy.

No doubt this couple should have been punished, but when they punishment is excessive and does not fit the crime, many of us lose even more faith in the justice system.

i'm kinda thinking that the man might have been on parole, he was just released last year according to this article.

Caballero — a personal trainer who was released last year from prison after an eight-year stint for coc aine trafficking — and Alvarez were arrested at the scene.
Florida couple busted after witness records them having sex on beach

and according to this article the DA is asking for a harsher sentence for him.

The Bradenton Herald reports that a sentencing date was not announced, but Assistant State Attorney Anthony Dafonseca said they will pursue a harsher sentence for Caballero than Alvarez, because Alvarez has no prior record and Caballero has been to prison for almost eight years for a coc aine trafficking conviction.
Jose Caballero & Elissa Alvarez: Florida couple convicted of having sex on beach

according to the local newspaper, they are going for a harsher sentence for Caballero because it's less than three years before committing another felony. she will not likely get the full fifteen.

Dafonseca said Caballero is he’s looking at serving the maximum time of 15 years after being out of prison less than three years before committing another felony.
Couple found guilty of having sex on Florida beach

also according to same article, the DA will ask if the fifteen years is appropriate.

Though Dafonseca hinted they’d speak with the judge about whether 15 years was an appropriate sentence for Caballero,

keep your eye on the beach, while you rub your little peach yea.
don't do the grind, if can't do the time,
yea don't do it.

ETA: thought i'd add the huffin post to this.

Caballero's defense attorney, Ronald Kurpiers, told The Bradenton Herald his client has a prior criminal record for coc aine-trafficking. Because the charge in this case is a felony crime and occurred less than three years after Caballero's release from prison, the judge will have no choice but to give him the full 15-year prison sentence.
"That's what he'll get," Kurpiers said.
Dafonseca plans to ask for an unspecified jail term for Alvarez, the newspaper reported.
Jose Caballero And Elissa Alvarez Must Register As Sex Offenders After Sex On Crowded Beach

a reply to: hounddoghowlie

Or that

this deserves a post of it's own, that' why i didn't add to my last.

Brodsky, elected state attorney for the 12th judicial district, said his office never said they were seeking the maximum 15-year sentence against either Jose Caballero, 40, or Elissa Alvarez, 20, for having sex on Cortez Beach in July.

"It was never our intention to seek 15 years for either of them," Brodsky said. "That's not a reasonable sentence."

"As outrageous as Mr. Caballero's behavior was, it would be even more outrageous for the state to make him spend 15 years in prison," said Julie Stewart, president and founder of the organization, in a release. "As a parent, I would not want my children to see people having sex on a public beach in the middle of the day. But as a taxpayer, I would be even more offended to waste hundreds of thousands of dollars to punish Mr. Caballero's irresponsible behavior."

State attorney says he will not seek 15-year prison sentences for Bradenton Beach sex-on-the-beach couple

this was blown out of proportion by this group

Brodsky refuted the claim that he would be seeking the maximum punishment after Families Against Mandatory Minimums, a Washington, D.C.-based interest group that fights mandatory minimum prison sentences, said they called his office on Thursday to urge prosecutors not seek 15 years in prison for Caballero.

ETA: i almost forgt to add

Stewart said the state's plea deal offer to Caballero for two and a half years in prison prior to the trial was evidence that they didn't believe he deserved 15 years for the crime. Brodsky confirmed that they had made that plea offer, and that Caballero had chosen to reject it to go to trial.
Kurpiers said he "strongly recommended" that his clients take the plea deal, but ultimately it was their choice to refuse.

a reply to: jrod

His prior arrest should not come into play.

I'm sure the state of Florida just sees this man as 15 years of slave labor for the prison industrial complex. That is what we have in Florida and most of those who have never been arrested are clueless about this and cheer tough on crime laws, 3 strike rules, and other legislation that makes the for PROFIT prison wealthy.

No doubt this couple should have been punished, but when they punishment is excessive and does not fit the crime, many of us lose even more faith in the justice system.

You're right, his prior arrest should have no legal bearing on this particular illegal act. But since it's public record, the media aren't going to let that stone go unturned, especially in light of the fact that he was just released very recently. My point to the other poster who brought it up was basically: he's already done hard time and he didn't get there by being innocent, so bringing that into the conversation as an attempt to garner pity for his sorry ass was just silly.

As I have stated repeatedly, the punishment seems excessive in this case and resources are being wasted on it that could be put to far better use. There are genuine sex offenders, child predators, et al who pose a much bigger threat to society than this creep; spend the money and energy putting them behind bars and give people like this community service and a nice fat fine and be done with it. There are a lot of things wrong with our prison system, and this is just one example of that. I'm not any happier about the way they do things than the next person is.

a reply to: hounddoghowlie


Brilliant! They got their 15 minutes of fame and all the pissed off people can finally sleep at night knowing they don't have to worry about the charming couple's fate in prison. You should make a new thread imho.

originally posted by: tigertatzen

Well, apparently he didn't learn from his coke trafficking "mistake", since he thought it would be perfectly acceptable to further break the law by boinking his girlfriend on a public beach. 15 years for behaving like a depraved imbecile is ridiculous, but your insinuation that a convicted felon is just some innocent, misunderstood little lamb is right up there on the ridiculousness meter with it. It's not like he "accidentally" got into drug trafficking. It was a choice.

I never said he was a "misunderstood little lamb". Those are your words that you're using to try and discredit me by putting words in my mouth. Which I'm not falling for, but good try anyway.

Transporting drugs is still a non-violent offense and the whole Drug War is also BS in my opinion. In either case it has nothing to do with this and he served his time. The only reason to bring it up is to make him look like some hardened criminal. So you can do that if you'd like, I'm not going to because I'd rather just stick to the facts without having to get all emotional and exaggerate the issue just to make a point.

But I do agree with you the 15 years for what him and his girlfriend did is ridiculous.

originally posted by: Dimithae
a reply to: LadyGreenEyes

No,that means that no matter what,we are animals.We have our own social groups,and we have our own way of doing things.But we are still mammals. It is a classification. And it is where we fall in. What we do with the brain we are given is another thing. So far we have done a lot of wasting it.

We are much more than animals. Do you not believe in any spiritual aspect to people?

Wasted, indeed. This pair decided to behave like animals, and now they are caged as a result.

I have to say something at this point. I shall be very clear about my opinion from the get go. This in NO WAY merits a sentence of 15 years in any civilised society.
What we have here is a combination of things. A lack of respect on behalf of the "sex-perts". And a lack of civic responsibility on behalf of those present as witnesses to the event.
A couple are engaging in intimacy in an inappropriate place and those present choose to record it rather than seeking an immediate solution.
I ask the jury...ahem...would it not have been much more effective to form a ring around the couple, shielding the children from the obviously mind shattering spectacle of sexual intercourse, and booing them, till in their complete and abject shame, they left the stage with at least one tail between their legs? I mean really?
But no, the reaction was to shirk public duty and criminalise what is, in effect, a lack of respect and a show of human flesh.
I think I can hear the church bells ringing. Puritan church awaits.