It doesn’t appear that all people charged with battery and theft in Palm Beach County are being treated the same. Some 158 people have been charged between April 3 and 22, and only a handful of those have not been subject to an immediate probable cause hearing involving the Palm Beach State Attorney’s office.
Mitchell Schuman is one of them. He is the 62-year-old “legal professional” who originally was charged with simple battery, according to the Palm Beach County Sheriff’s Office (PBCSO). “The new charges represent what police and the State Attorney’s office say are appropriate charges based on the video evidence of Schuman seemingly throwing a water bottle at a child bicyclist, then taking his (the child’s) cell phone,” states BocaNewsNow at its website. The incident took place in Lotus at the G.L. Homes community of high end homes located in West Boca Raton
Investigators are not saying if they are aware of a prior incident on the same street in December involving Schuman and a child cyclist. According to BocaNewsNow, a series of text messages transmitted through a Lotus community messaging system states, “Schuman appears to describe an aggressive interaction with a child. performing ‘wheelies’…” on an e-bike in the gated Lotus community.
Investigators have not stated whether they are aware of a prior incident involving Schuman and a child bicyclist on the same street in the Lotus community back in December. According to a series of text messages obtained by BocaNewsNow sent through a Lotus community messaging platform, Schuman appears to describe an aggressive interaction with a child performing “wheelies” on a bike.
Many individuals on the December message exchange told Schuman to leave the child alone and refrain from engaging with the child. Schuman was also told that he should not try to gain control of a child’s phone. It should be noted that “…it is illegal in Florida to deprive someone of access to their communication device,” states BocaNewsNow.
Like in the December incident, Schuman accused the child in the April 3 incident “…of performing ‘wheelies’ on Paradise Bay Avenue, the main road in the community of $1M+ homes.” Authorities have not confirmed if the child involved in last Friday’s incident is the same child involved in the December incident.
It has been argued by attorneys that the Lotus Homeowners Association through received text messages had prior knowledge of “…a potential problem with a homeowner acting aggressively towards children, but did nothing to stop the behavior,” states BocaNewsNow. Legal professionals also suggest that these text messages could play a key role “ … in potential civil litigation against the homeowners association.”
Schuman earlier this month retained a local defense attorney, as well as a crisis communication firm. The crisis communication firm transmitted the following statement, “We understand the public interest in this case, but we will not litigate it in the media. Mr. Schuman is entitled to the presumption of innocence, and we ask that everyone allow the legal process to unfold before drawing conclusions.”
Police deputies first believed Schuman’s claim that he was a victim and provided him with a victim’s rights information sheet. Now after additional investigation it has been determined that Schuman is not a victim and has been correctly named as an arrestee and should not have been given the option to select the victim’s rights exemption listed on the case information form.
Schuman has not been booked into jail and remains free. At this time his arraignment is booked for May 7. In the meantime the PBSCO continues to investigate the incident, as well as other individuals who were involved. More information will be released as it is confirmed.
According to the parents of the accused child, prosecutors seem “confused, mismanaged, and unaware of the facts of the case”. Contradictory calls have been received by the office of State Attorney Alexcia Cox. “In one call, the family was told by one representative that multiple charges were being pursued against Mitchell Schuman. Then, in a subsequent call from a different representative, the family was asked whether charges should be filed or not. All of this took place after PBSCO confirmed that Schuman would be charged with battery and theft,” states BocaRatonNewsNow.com
According to a spokesperson for the State Attorney’s office, the office is not free to comment about communications between the victim and prosecutors and no update about the case can be shared. PBSCO said that “…deputies and detectives did exactly what they were supposed to do, and that the agency doesn’t know why prosecutors seem to be moving slowly on this case.”
A 30 day time limit exists for prosecutors to “lock-in” charges. Time is ticking. Monday, April 27 will be day 24.
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