Jury convicts man of culpable negligence

It wasn’t self-defense, but Demetrius Elder’s participation in the 2014 stabbing death of Fakhradeen Muhammad Knight wasn’t an act of manslaughter, a Broward jury decided Friday.

The jury deliberated for a little over three hours before reaching its decision, a major but partial victory for the defense. Had he been convicted of manslaughter, Elder would have faced a maximum of 30 years in prison.

Instead the jury convicted Elder, 44, of culpable negligence, a misdemeanor for which he has already served the maximum one-year sentence while awaiting trial.

But Elder’s legal troubles are not over. He was returned to the Broward jail after Friday’s verdict was read and will come back to court on Tuesday.

Broward Circuit Judge Ernest Kollra will begin the process of deciding how much time Elder should serve for violating his probation in 39 counts of grand theft stemming from a 2002 grand theft case.

Each count carries a maximum sentence of five years, putting Elder’s maximum possible sentence at 195 years in prison.

Such a steep sentence would appear to be unlikely after a jury’s rejection of the most serious charges, but the judge is legally permitted to consider the manslaughter count as evidence of a probation violation.

The judge doesn’t have to find proof of manslaughter beyond a reasonable doubt to hold it against Elder for the probation violation.

In 2011, Corey Hipscher was acquitted of two counts of molesting children at Quiet Waters Park, but Broward Circuit Judge Martin Bidwill was still

able to rely on the evidence in those cases to sentence Hipscher to 15 years in prison.

Elder has been in custody since his arrest in 2014. His lawyer, Gabe Ermine, said he will argue against a lengthy sentence on the probation violations.

“Obviously we were hoping to clear his name, but we accept the jury’s decision,” said Ermine, who had argued that Elder stabbed Knight while coming to the aid of his friend, Armando Baptista.

Baptista stabbed Knight multiple times during a confrontation at an intersection in Miramar. Elder stabbed Knight once when the two men would not stop fighting.

Baptista is also facing a manslaughter charge and will be tried separately.

Prosecutor Patyl Oflazian, who is also handling the Baptista case, argued that Baptista’s attack on Knight was unprovoked and Elder’s participation in it was unjustified.

Baptista’s next court date is in mid-August.