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Man jailed after alleged attack on mother, daughter in road rage incident
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A 25-year-old man was arrested early Friday after a woman told deputies that she and her two daughters were attacked in their car during a road rage incident at an East Naples intersection Thursday evening, sheriff’s reports said.
Morilien Desir, 2626 Fountain View Circle, North Naples, was charged with burglary with battery.
Arrest reports say Maga Herrera, 37, told deputies that she and her daughters, ages 12 and 14, were driving to church shortly before 7 p.m. when a white Taurus passed her at a high rate of speed as they approached the intersection of Davis Boulevard and Radio Road.
After the Taurus passed them, a woman sitting in the front passenger seat made an obscene gesture at Herrera and her daughters, reports said. The Taurus, which was in front of Herrera’s car, suddenly stopped at a red light, causing Herrera to brake abruptly, reports said.
The driver of the Taurus, Desir, got out of the car and approached Herrera, yelling and cursing at her, reports said. He reached into her car, put his hand around her throat and began choking her, reports said.
The female passenger, who was not identified in sheriff’s reports, got out of the Taurus and reached into Herrera’s car and started punching the 14-year-old, who was sitting in the front passenger seat. The 12-year-old, who was sitting in the back seat, told deputies she was too scared to do anything while her mother and sister were being battered, reports said.
Desir and the woman drove away, but Herrera was able to get the license plate on the Taurus.
Further investigation by deputies revealed the Taurus was registered to Desir. Desir also matched the description Herrera and her daughters gave deputies of the man who attacked them.
Deputies located Desir, who was driving his Taurus, shortly after 2 a.m. at the intersection of Whippoorwill Lane and Pine Ridge Road in North Naples, reports said.









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To bad Ms. Herrera wasnt excercising her right to keep and bear arms. Could have dispatched this smiling baboon and did society a favor. Why is Desir smiling? Because he knows nothing is going to happen but maybe some probation.
#1 Posted by LethaLintent on August 29, 2008 at 9:08 a.m. (Suggest removal)
Yes, GatorHatero7, I agree with you totally, this area is becoming some what close to resembling East L.A., Mexico or Little Haiti.
I hope the new sherriff will work hard at cleaning and ridding C.C. of these lowlifes, good for nothing,parasitic criminals that seem to be taking over.
#2 Posted by sock_puppet on August 29, 2008 at 9:17 a.m. (Suggest removal)
What low lifes! What makes these idiots think they have the right to act this way? I DO carry a concealed weapon and can tell you that if they had approached my vehicle the coroner would have been called.
Unless they start convicting and KEEPING these useless pieces of DNA in jail, it's just going to get worse.
#3 Posted by kerjolo on August 29, 2008 at 9:18 a.m. (Suggest removal)
To bad it didn't happen to me. I would have put a 9mm Black Tallon Hollow Point round right between this cowards eyes. I hope some watch group follows this slime ball to court, and observes what sentence the jedge gives him. Why wasn't his "party Queen" arrested for battery too? She did the same thing he did. For all you firearm whiners out there, save your response for someone who cares about what you think.
#4 Posted by cit10driver on August 29, 2008 at 9:21 a.m. (Suggest removal)
What a smiling moron!
Arrested while driving around 2am in the morning?
Probably just made a delivery.
Odds are he's unemployed and has plenty of cash on hand.
#5 Posted by TiredoftheBS on August 29, 2008 at 9:22 a.m. (Suggest removal)
The business end of my 357 caliber would wipe this clowns smile off his face.
F.Y.I. "player"... attempt this on some of the local rednecks and see how far "keepin it real" will get ya.
"From my cold dead hands!"
#6 Posted by outsidethebox240 on August 29, 2008 at 9:27 a.m. (Suggest removal)
Animals. Spay, neuter, execute.
#7 Posted by almasonlybar on August 29, 2008 at 9:53 a.m. (Suggest removal)
I cannot believe what I just read. I hope his passenger will be arrested soon and charged with child abuse for putting her hands on the poor kid in the front seat. What is wrong with people????????????????
Rockford, what are you talking about?
#8 Posted by etcetcetc on August 29, 2008 at 9:55 a.m. (Suggest removal)
The intersectoin of Davis Blvd. and Radio Rd.....Where do they intersect?????
#9 Posted by seabreeze20 on August 29, 2008 at 9:59 a.m. (Suggest removal)
The burglary charge won't stick, unless he stole something from the vehicle. The battery is a misdemeanor, so unfortunately it's going to be a minor inconvenience for him. That's why he's smiling.
#10 Posted by 676 on August 29, 2008 at 10:03 a.m. (Suggest removal)
seabreeze, Radio Road and David Blvd is a "T" interesection, near the I-75 exit to Marco Island.
#11 Posted by sassy2 on August 29, 2008 at 10:05 a.m. (Suggest removal)
Seabreeze they intersect up near Woodside Bowling lanes.
#12 Posted by Typeone on August 29, 2008 at 10:06 a.m. (Suggest removal)
THIS GUY GIVES NEW MEANING TO MANDATORY BIRTH CONTROL
#13 Posted by artwell75 on August 29, 2008 at 10:22 a.m. (Suggest removal)
I'm sure the charge was Agg Battery which is a felony. He did make a move from outside the vehicle to reach inside the vehicle and then choked the vicitm. The fact that he did reach into the vehicle to commit a crime, that constitutes burglary. If one enters a home, car, garage illeagly is burglary. Nothing has to be removed from the property for it to be a crime. The fact that he choked the woman. and his "Prom Queen" punched the minor child is Ag. Battery, a felony, and I hope the courts puts his rear end in the can along with his "Bimbo".
#14 Posted by cit10driver on August 29, 2008 at 10:35 a.m. (Suggest removal)
Rockford, I see. Thanks for clarifying.
#15 Posted by etcetcetc on August 29, 2008 at 10:35 a.m. (Suggest removal)
This attack is of great concern. It appears it could happen to anyone. A way to prevent someone from reaching in a car is to keep you windows up or up enough to keep hands out. If you have a vehicle without A/C, running your fan with vents open and windows just slightly down works fairly well. Keep you doors locked at all times as well. Consider using your horn, backing up or knocking over...not running over an attacker. If they are using deadly force and you do not have the means to answer in kind, DO quickly consider running them over if you have no other choice. If you drive alone and have a cell phone have a hands free device and voice calling if possible. If you have passengers have them call 911 on any cell phone in the car.
Some older vehicles may not have electric windows also. I once drove an older vehicle with crank windows While these are great if you expect to be submerged, they are not responsive when you are in a panic. That is why I suggested keeping the windows open only enough to circulate air, but not enough for a hand to fit through.
My wife once had someone follow her after he didn't like the stop she made for a red light. She decided it would be a nice time to visit one of the fire stations when she saw the bays full...the person following her stopped following as she pointedly raised her cell phone to her ear.
If the bays had been empty she planned on going to a busy plaza while using her voice activated calling to 911 to see if he would leave her alone...but IF he approached out of his vehicle or acted in a way she had imminent fear for her life; she was prepared to protect herself as a last resort. You see, she carries just like me and has even better target scores.
There are some real whackos out there. Be careful.
#16 Posted by BlueTonguedVole on August 29, 2008 at 11:15 a.m. (Suggest removal)
Collier County has become a waste dump site...what's his rap sheet like...where's 3 strikes your out when we need it? and yes cit10, why wasn't the wacko's bimbo female passenger also arrested..?
that ugly smiling face needs to be behind bars for life or executed...our penal system is failing us with so many wackos out killing cops, killing, raping and assaulting women...
how do judges sleep at night?
#17 Posted by prometheus on August 29, 2008 at 11:43 a.m. (Suggest removal)
what a spota!!
#18 Posted by here_since_seventy_one on August 29, 2008 at 12:14 p.m. (Suggest removal)
To bad she didn't have a 357 Smith & Wesson and put this POS where he belongs when he was attacking her and causing her to fear for her life and the safety of her daughters.
#19 Posted by CaptKidd on August 29, 2008 at 12:49 p.m. (Suggest removal)
What a horrific act of violence AND WHERE IS HIS ACCOMPLICE who HIT A 14 year old child?
People can't even drive to church anymore!
Wake up CCSO...there's work to be done in this case.
#20 Posted by beetlejuice on August 29, 2008 at 12:56 p.m. (Suggest removal)
Well I really hope they arrest the woman who beat the 14y/o too.
One more thing: Why some of you feel the need to share information about your guns with everybody????? I can understand that happening in a shooting or weapons blog. But here is not approppiate. Makes me think you are not mature enough to carry a weapon around.
#21 Posted by ricky369 on August 29, 2008 at 12:57 p.m. (Suggest removal)
By the way: If you do carry a gun, please make sure you are an expert with it. Shooting it once doesn't make you an expert. And under stress things are very different
#22 Posted by ricky369 on August 29, 2008 at 1:01 p.m. (Suggest removal)
Ricky: It's like a Macho Freudian show of 'manhood'. I really don't need to know how big your "gun" is. It's enough to let the let the dirtbags know that more and more of the general public are 'carrying' and Florida law now supports their use of firearms to protect themselves. I do have serious doubt that any of the dirtbags bother to read NDN though. A few of them will have to end up dead before the message gets across.
#23 Posted by naples00native on August 29, 2008 at 1:44 p.m. (Suggest removal)
Nothing but some driver license violations on his Collier County Court record. No felonies.
He stopped at a red light, causing her to brake abruptly? Wasn't she going to stop for it as well?
I'm not in any way defending his alleged assault, but reading the sketchy info in the article, things aren't quite adding up.
And, by the way, Ricky is doubly right.
If you carry, practice. And if you carry, DON'T ever brag about it.
#24 Posted by bananas8187 on August 29, 2008 at 1:52 p.m. (Suggest removal)
Something fishy with this story. I suspect there was some "provoking" going on, although that's no excuse to get out of your rig and accost another driver or kid.
I too wonder why the victim had to "brake abruptly" at the red light and blames it on the felon's rig?
I'm not a fan of traffic lights and I definitely hate seeing them turn red, but typically I don't think it's any of the other cars' faults that I have to stop for red.
Wonder where they go to church on Thursday nights? Could be a kids group or something.
Oh well, I hope the guy does get charged with a felony. If the story is true, there are 3 witnesses against 1 so maybe that's enough to be a successful case. People with road rage, or any kind of rage, need to pay a price for their inability to control their actions. (It would be 3 against 2 if the suspect gives up the name of his female passenger, but that will get her arrested, too.)
#25 Posted by naplesnewby on August 29, 2008 at 3:32 p.m. (Suggest removal)
I say send them all back to Haiti, Mexico or whatever country they may be from!! The United States does not need these people here ruining our country and wasting our tax money! I'm sick of paying for these thugs to sit in jail and get all the ammenities for free including hot meals! I work for my ammenities and hot meals and so should they! These people do not seem to understand that here in America we HAVE laws and they need to be followed for a reason! I understand that in their country everything is run amuk and you can steal, murder and do as you choose, but once you step foot on our soil you HAVE to abide by OUR laws! If that is to difficult, then by all means, please, go back to where you came from if you feel that there is more freedom in your "so wonderful" country! GOODBYE....or is that Adios?? Is our language even english anymore??
#26 Posted by wolfpawz4 on August 29, 2008 at 3:47 p.m. (Suggest removal)
cit10driver, unless the statutes have changed (possible) since I was a cop, burglary requires "intent to commit a theft therein". In other words, the crime involves an illegal entering with the "intent" to commit a theft. With the info provided, not gonna happen here.
Simple assault is a threat: "I'm going to beat you into the ground." Aggravated assault is a threat, with a dangerous instrumentality available to carry out the threat, but no attempt actually made to carry out the threat: "I'm going to stab you with this knife." Simple battery is as occurred in this case: An unwanted touching (slapping, punching, etc.) Aggravated battery requires the actual use of a weapon that can cause serious injury or death. (gun, knife, baseball bat, etc.)
#27 Posted by 676 on August 29, 2008 at 4:51 p.m. (Suggest removal)
wolfpawz4 cheetahtomoh you two are a bunch of racist idiots. Did a hispanic take your job or beat you up at some point in your life. Chances are you dont even know any hispanics you just need sombody to talk bad about because your life is so lame. There is nothing to fear except fear itself.
#28 Posted by seminole2 on August 29, 2008 at 5:12 p.m. (Suggest removal)
Actually letting people know that there ARE, in fact, individuals who have a concealed weapon's permit and do carry may well be a deterrent to those who think they can approach someone as this fellow reportedly did attack them. It works.
No one knows who I am. But this info in a public forum does put low lifes/crooks or just plan bad guys on notice. Knowing that women, like my wife, is prepared to act should she have no other choice to protect her life...well, this petite sweet lady can hit like a marksman and is quite prepared.
Macho? LOL, yeah, right. No....practical and prepared.
#29 Posted by BlueTonguedVole on August 29, 2008 at 5:13 p.m. (Suggest removal)
Make that plain bad guys...
#30 Posted by BlueTonguedVole on August 29, 2008 at 5:14 p.m. (Suggest removal)
Nobody deserves this type of treatment by some deranged driver. I hope they throw the book and him and his female passenger. He was very lucky Mrs. Herrera did not posess a gun and shot him and the female accomplice She would have certainly been within her rights while protecting her family.
#31 Posted by borninlake on August 29, 2008 at 7:34 p.m. (Suggest removal)
The popular argument for going armed and being prepared to fire at the first provocation is a natural consequence of the high quality planned growth our civic leaders, business owners and real estate industry have delivered to us.
For years, they scoffed at those of us who warned about the creeping urbanization of this land, accused us of being selfish for "not wanting to share paradise," and pledged that they were wiser, more accomplished and far too "quality-oriented" to let growth get out of control.
Growth was inevitable, they argued. Giving in to them just ensured that it would be managed in a way that preserved the Quality of LIfe.
Many of those folks now own plantations in Costa Rica. Some of them are for-sure gen-u-ine winemakers on the Left coast. Every day we read about another one of them selling out to some out-of-town outfit and taking their spoils elsewhere.
Sooner or later, somebody is going to approach a spooked driver in a car to ask directions and catch one of those high-tech rounds between the eyes. Many of you will no doubt say he had it coming, that he should have invested in a GPS, that the world has become too dangerous to act like a normal human being.
Few of you will understand where and when this state of affairs began.
There's no way to properly thank all the Million Dollar Club members, flipping busboys, Ramcharger cowboys and greedy social climbers who made that growth inevitable. But we sure won't forget you.
Enjoy your paradise.
#32 Posted by elnuestros on August 29, 2008 at 8:15 p.m. (Suggest removal)
elnuestros, so you didn't become a life member of NRA? LOL.
#33 Posted by BlueTonguedVole on August 29, 2008 at 10:06 p.m. (Suggest removal)
Part 2
elnuetros: said
"The popular argument for going armed and being prepared to fire at the first provocation"
No person I have ever known who was "armed" (had a concealed carry permit) would fire at "the first provocation."
Methinks you are watching too many gangsta movies and have no idea of the mindset of the informed who choose to exercise their rights under the Second Amendment.
Perhaps you should join NRA and get informed.
#34 Posted by BlueTonguedVole on August 29, 2008 at 10:14 p.m. (Suggest removal)
elnuestroa:
Why don't you quit trying to impress people with your "screed" and just get to the point?
No one is impressed.
#35 Posted by indigodragonfly on August 29, 2008 at 10:59 p.m. (Suggest removal)
#5 Posted by cit10driver
You might want to get some new ammo Cit10. They stopped making Winchester Black Talon ammo years and years ago. Outdated ammo should be taken out to the range and shot or otherwise disposed of, sorry to say. Ammo does have a shelflife especially here in Florida with the high humidity. Would absolutely s**k to pull the trigger and it not go boom at the time when you needed it the most.
#36 Posted by Jadip811 on August 29, 2008 at 11:16 p.m. (Suggest removal)
Vole:
I think you're going off half-cocked. I have nothing against gun ownership, and I'm not even making a case against carrying concealed weapons. If you infer that, or that I believe gun-owners are by definition a group prone to hasty and ill-advised behavior, you read me wrong.
It's not even remotely the point of my post.
I'm saying that you live in a cesspool compared to the Southwest Florida I knew. I'm glad you have your private compound in the Estates, your broad depth of knowledge and a nature that is reasonable to the point of being pedantic.
But you still live in a place badly corrupted by greed, a place that had only one resource to offer, and a place that has become something entirely different despite the promises of those who pledged to "protect" the Quality of Life they degraded for vast profits in the quest for the kind of superficial materialism I credit you with decrying.
You now drive on congested roads crowded with all manner of miscreants. There is no denying that; the two qualities are intrinsic to the growth the greedheads assured us would be "managed" to avoid negative consequences.
Sooner or later, the atmosphere of fear and the degraded human spirit that is endemic to the exurban sprawl Collier County has embraced will combine to produce a frightful event. When it does, it won't be the fault of gun-owners and it won't be preventable by any device reasonable people might employ.
It will be the inevitable result of compressing too many people in an unsuitable environment. The kind of comments arrayed above suggest a certain statistical probability that at some point someone who is not trained, who is not confident, who is not an NRA member, and who is not anyone you yourself would want to see carrying a Glock is going to panic and blow someone away.
That will happen in spite of the best efforts of NRA members and sensible, responsible people like yourself. It will happen in spite of the warnings of gun owners like myself.
I refer you to the increasing incidence of road rage shootings, including some by and of law enforcment officers, as evidence of a growing trend.
If you think this won't lead to a tragic mistake by someone armed and frightened, I think you're being naive.
But questioning my membership in the NRA and ignoring the point of my post is a red herring bordering on ad hominem, and well beneath your normally astute command of logic.
I implore you to re-read with your ideological blinders off.
And to leave the "methinks" to Shakespeare.
#37 Posted by elnuestros on August 29, 2008 at 11:21 p.m. (Suggest removal)
Captain Kiddie -
Give me a break - the CCSO found the bad guy at 2 am in a different district than where it occurred.
To identify the other person if they weren't present they would need a photo line-up. I'm sure they developed PC on the driver soon enough after running the tag when taking the original report.
And unless Desir gives up a name for the passenger, tell me how quickly YOU'D get that second person in jail? Give an investigator a few hours to get the case together - the crime didn't happen in a deputy's presence.
Good God.
And burglary of a conveyance should "fly" - Desir unlawfully entered that vehicle - with his body - to commit a crime (striking and choking people).
Great job CCSO.
#38 Posted by TennesseeDreams on August 29, 2008 at 11:26 p.m. (Suggest removal)
Bluetonguedvole.u r wrong someone does know who you are
#39 Posted by mstullhaulingllc on August 30, 2008 at 5:25 a.m. (Suggest removal)
mstullhaulinglic...nope, not in your dreams. You have no clue and if you think you do...is that a threat? ..does it worry you that I carry?
Gee elnuestros...I am so impressed by the essay on my inadequate understanding of your post. You are so well spoken that I am left almost speechless. (I am truly impressed that you also take the second amendment to heart.)
Perhaps mstullhaulinglic is one of the miscreants of whom you speak? He thinks he knows who I am, should I be worried?
#40 Posted by BlueTonguedVole on August 30, 2008 at 11:03 a.m. (Suggest removal)
???
In America, we're supposed to refer to black people as "African Americans", because it is "politically correct".
What's the politically correct term for those living elsewhere, primarily Europe (UK,France,Netherlands,etc.)
???
English Africans?
French Africans?
Dutch Africans?
#41 Posted by ish72905 on August 30, 2008 at 11:06 a.m. (Suggest removal)
Another good reason to carry a gun
#42 Posted by NaplesOutlaw on August 30, 2008 at 1:09 p.m. (Suggest removal)
"In America, we're supposed to refer to black people as "African Americans", because it is "politically correct".
Excellent point there ish72905. I have asked this very questions of several BLACK AMERICAN friends and aquaintances of mine who called themselves African-Americans. I asked them "What country in Africa did you come from from? What country did your ancestors originate from?" 90% of them had absolutely no idea. I did however ask this question of a WHITE AFRICAN friend and he knew all about his ancestory. He was born in South Africa, a country in the African continent. If we are Americans we should be known as just that AMERICANS! No hyphens needed!
#43 Posted by ravenhawk on August 30, 2008 at 5:37 p.m. (Suggest removal)
Seminole2. I'm curious. I noticed that in every single response to any particular subject you are fiercely defending Hispanice and/or undocumented immigrants. take no offense please but are you a Hispanic person or a Seminole Indian?
#44 Posted by ravenhawk on August 30, 2008 at 5:41 p.m. (Suggest removal)
Vole:
In the spirit of comity, I choose to believe that your response was genuine and not sarcastic.
And unlike George Bush, Dick Cheney and that disgustingly alien life form John Yoo, I take ALL the amendments seriously. They're designed to encourage the collective existence of individuals. We discard them at the risk of erecting a society that places a premium on living together, but at the cost of what it means to be an individual.
It's nice to all live together, safe from terrorists of the Muslim, environmentalist, or predatory lender persuasion. But any social contract that diminishes the individual is anti-human. I include the multitude of well-intended "Zero Tolerance" provisions among such ill-advised mechanisms.
I would argue, for instance, that many of the measures we enforce to protect the "public health" and make cheap food available to more multitudes tend to eliminate the artisanal and the unique and foster the cheap and the harmful. And they do so without doing a thing to shield us from e. Coli, salmonella, listeria or the other opportunistic threats facilitated by a centralized food industry heavily dependent on fossil fuels and primarily responsible for the growing "dead zones" in the Gulf of Mexico and the rest of the world's oceans.
All we accomplish by worshipping at the Shrine of Best Practice is the attempted establishment of a"perfect" society geared to the advancement of "the whole" at the expense of the human spirit. That spirit is a cantankerous and intuitive amalgam of sensibilities and instincts that gives us art, poetry, music and substance abuse, among other things. Which is why our schools teach us about the work of famous artists, but never about their often miserable and deplorable lives.
Plus, we're starting way late in the game. The ants and the termites perfected such arrangements millions of years before we first stood on two legs. Neither of them tolerate any deviation from the genetic hard-wiring that represents their company manual and their legal code.
But unless we pay more attention to preserving the simple things -- and I include room to stretch and breathe, both literally and figuratively, among them -- we'll find that Nature stands ready to mold us into something more tolerant of the Hell on Earth our good intentions have unwittingly created.
And the rational among us -- and I include you in that number -- will be left gripping cold impotent steel in the face of an advancing threat that blithely ignores the most fearsome blows we would deliver.
#45 Posted by elnuestros on August 30, 2008 at 11:09 p.m. (Suggest removal)
More screed, screed, screed. Still not impressed.
If anything, I'm BORED,
Give it a rest elnuestros, you impress no one but yourself.
#46 Posted by indigodragonfly on August 31, 2008 at 10:46 a.m. (Suggest removal)
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