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Attorney: Remaining 'Lake Boyz' could face more difficult trial

Posted: 10:51 PM, Aug 08, 2018
Updated: 2018-08-09 02:53:47Z

FORT MYERS, Fla., - The State Attorney is not dropping charges against the remaining accused Lake Boyz members charged with racketeering after 4 were acquitted over the weekend.

A jury found James Brown, Kwameaine Brown, Diante Davis, and Eric Fletcher not guilty.

A local attorney says just because the four were acquitted doesn’t mean the trials for the rest of the accused Lake Boyz members will have the same outcome.

18 others are facing similar charges after being arrested early last year.

“My guess is it’s not a gang with us, it shouldn’t be a gang with them,” said Joe Viacava, a Fort Myers defense attorney.

Viacava says racketeering can be difficult to prove because it requires that the State prove the men committed crimes as part of a gang. 

Viacava says in this instance, the State failed to do that.

“I believe they could not prove because it wasn’t a gang. It’s really just a bunch of young men from a local neighborhood, Viacava said.

Viacava represented James Brown, who was originally arrested for maijuana possession. If convicted of racketeering, it could have turned into a 25 years to life sentence, according to Viacava.

“The case will be relooked at, reanalyzed, reexamined,” said Joe D’Alessandro, a former state attorney. “If they can proceed, they will.”

Viacava believes the State may have a better shot at winning the next time around.

“Any time the State has a second chance at anything, their odds dramatically go up for conviction.”

At this point, no date has been set for the next trial.