Judge Marianna Aho's Sentencing Order For Gloria Williams
Judge Marianna Aho's Sentencing Order For Gloria Williams
STATE OF FLORIDA
GLORIA B, WILLIAMS,
Defendant.
SENTENCING ORDER
This cause came before the Court for Defendant's sentencing on May 3 and 4, 2018.
On juiy i0, i998, at University Medical Center in Jacksonvilie, Fiorida, Ms. Shanara
Mobley (hereinafter "Ms. Shanara Mobley" or "Ms. Mobley") gave birth to a girl, whom she
named Kamiyah (hereinafter "Kamiyah," "Miss Kamiyah Mobley," or "Miss Mobley"). The
same day, Defendant, wearing medical scrubs, entered Ms. Mobley's hospital room, assisted her
in such a manner as to make Ms. Mobley believe she was a nurse, eventually told Ms. Mobley
she needed to take the baby for a temperature check, and walked out of the hospital with the
baby in a bag. Defendant drove the baby to Ruffin, South Carolina, where Defendant introduced
the baby to her family as Alexis Kelli Manigo. As Defendant had been pregnant and recently
miscarried withoul her family's knowledge, Defendant's family did not think the baby's anival
unusual. Defendant raised Miss Mobley as her own child. When Miss Mobley was sixteen-
years old, she needed her identifying documents for a new job. Defendant then confessed her
crime to Miss Mobley and to her husband. Approximately a year and a half later, in January of
2017, Defendant was arrested.
one) and Interference with custody (count Two) of Miss Kamiyah Mobley. on February 10,
2018, Defendant pleaded guilty to both counts. Pursuant to the negotiated plea agreement,
Defendant's sentence ofzero to twenty-two years on Count one, and zero to five years on Count
Two, to run concurrently, would be determined by the Court following a sentencing hearing.
The sentencing hearing took place on May 3 and 4,2018. On May 3, 2018, the State
presented the following witnesses: Mr. Charles Manigo, Defendant's former boyfriend; Mr.
Rodney McKean, investigator with the Jacksonville Sheriffs Office ("JSO"); Ms. Shanara
Mobley and Mr. Craig Aiken, Kamiyah's parents; and Ms. Velma Aiken, Kamiyah's patemal
grandmother. Defendant presented the following witnesses in mitigation: Mr. and Mrs. Wilbert
Brown, Defendant's parents; Reverend Sheri White, Defendant's pastor; Mr. Wemoskie
Williams, Defendant's husband; and Mr. Antoine Bolden and Mr. Andre Bolden, Defendant's
sons. Counsel also read a letter from Defendant's aunt, Ms. Susan Aus, and submitted published
interviews given by Miss Kamiyah Mobley in lieu of her live testimony. Counsel recognized
additional family and friends were present in the courtroom to support Defendant. Defendant
At the time of the kidnapping, Defendant had been in a romantic relationship with Mr.
Charles Manigo for approximately two years. Defendant testified Mr. Manigo was verbally,
mentally, and physically abusive, which was confirmed by Defendant's parents and sons. Due to
this abusive relationship, she lost the partial custody she had of her sons at that time. When
Defendant became pregnant in early 1998, she was hopeful that a baby would improve her
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relationship with Mr. Manigo. However, Defendant miscarried, though she did not leam this
until approximately June because, despite the miscarriage, her body had continued to develop as
ifthe pregnancy were viable. on July 10, 1998, Defendant was extremely depressed and felt like
her life was "out of control." She left work in charleston and headed south on I-95 without any
plans. Defendant exited in Jacksonville, drove to University Medical Center, looked at the
babies on the matemity ward, and eventually entered Ms. Shanara Mobley's room. After
spending several hours with Ms. Mobley, helping her to get cleaned up and conversing about her
family, a nurse brought her baby into the room. Defendant thought perhaps this baby would
make Mr. Manigo happy and bring peace to their home. She felt Ms. Mobley was young and
Ms. Mobley testified she was happy to be pregnant and that it gave her a reason to
"straighten up." On the day she gave birth to Kamiyah, Ms. N4obiey recalled Defendant coming
into her room and saying she was her assigned nurse. After some time, Ms. Mobley felt weak,
and Defendant placed the baby into the bassinet. Shortly thereafter, Ms. Velma Aiken anived,
and Defendant explained she needed to take the baby for a temperature check. Both Ms. Mobley
and Ms. Aiken noticed Defendant carried a bag. Ms. Aiken joked that the nurse might be
kidnapping the baby. This comment prompted Ms. Mobley to call the nursery to check on her
baby. The authorities were notified when the baby could not be located.
Mr. Rodney McKean, JSO investigator, described the overwhelming nature of the initial
investigation, relating that for the "first couple of months, everybody in the office worked on that
case. . . . it required every single detective to abandon whatever they were doing and essentially
track down each one of [the] leads." Mr. McKean confirmed both local and federal authorities,
including JSO, the Florida Department of Law Enforcement (FDLE), and the Federal Bureau of
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Investigation (FBI), undertook extensive investigation into the kidnapping, although he could not
quanti$/ a monetary expenditure related to same. When the kidnapping occurred, Mr. McKean
worked the case as a homicide detective. Subsequently, he worked for twelve years as the lead
detective on the case as part of JSO's cold case unit. He explained that after he left the unit, this
case was passed on to other detectives, who continued to work on it until Miss Mobley was
recently found.
ilL SentencingConsiderations
"The primary purpose of sentencing is to punish the offender" and "[t]he penalty
imposed should be commensurate with the severity of the convicted offense and the
circumstances sunounding the offense." Fla. R. Crim. P. Rule 3.701(b)(2)-(3) (1998). Under
section 787.01(2), Florida Statutes (1998), kidnapping is a first degree felony, punishable by life.
Pursuant to the sentencing guidelines in piace at the time of this crime, Defendant scored 50.7-
84.5 months' incarceration. In exchange for Defendant waiving the upper end of the guideline
score, the State agreed to allow Defendant to enter a plea of guilty to the Court for a sentencing
range of zero to twenty-two years on Count One and zero to five years on Count Two. This
negotiated plea bargain provides the basis for a sentence which departs from the guideline score.
See $ 921.0016, Fla. Stat. (1997). ln determining Defendant's specific sentence within the
negotiated range, the Court weighed the totality ofthe circumstances in this case, and also fourd
instructive the pertinent, though non-exhaustive, aggravating ald mitigating factors set forth in
section 921.0016, Florida Statutes (1997). See Banks v. State,732 So.2d 1065, 1068 (Fla.
1999).
a. Aggravating Factors
At the sentencing hearing, the State argued that Defendant's crimes were heinous,
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atrocious, and cruel. Although section 921.0016(3)(b) includes this language, the factor instructs
that the offense is "one of violence and U committed in a manner that was especially heinous,
atrocious, or cruel." (emphasis added). Here, no violence was associated with Miss Mobley's
kidnapping and, although the Court is sympathetic that to a victim's family any kidnapping is
especially cruel, the manner in which Defendant executed this kidnapping was not accomplished
through the use ofviolence. See Bellamy v. State,677 So.2d,390,391-92 (Fla.2d DCA 1996).
Defendant's kidnapping her newbom baby, which resulted in discemible physical expressions.
See $ 921.0016(3)(/); Harris v. State,531 So.2d1349,1349 (Fla. 1988). Ms. Mobley testified
that she experienced nightmares, depression, crying spells, and thoughts of suicide, and self-
medicated to deal with those symptoms. She became an angry person and had trouble having
relationships. Ms. Mobley also felt the compulsion to keep having more babies in order to try to
reach the "high" she felt when she gave birth to Kamiyah and to replace what she had lost.
Both Miss Kamiyah Mobley and Ms. Shanara Mobley were especially vulnerable
Mobley, she was sixteen-years old and had just given bith; she was physically weakened by the
experience and under the effects of medication. Defendant's testimony indicates she recognized
and took advantage of these vulnerabilities. She testified that Ms. Mobley's youth was part of
the reason she felt taking the baby was the right thing to do.
At the time of Kamiyah's birth, Mr. Craig Aiken was incarcerated. Jail officials notified
him that Ms. Mobley had given birth, but that the baby had been kidnapped. Mr. Aiken always
felt that he and his family were suspects. His mother, Ms. Aiken, echoed this sentiment. He
thought about his missing child every day and would make efforts to celebrate her birthday with
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Ms. Mobley every year. Each day of the eighteen years that Defendant kept her secret, Ms.
Shanara Mobley and Mr. Craig Aiken continued to suffer the loss of their child.
Although not planned in advance, Defendant took calculated, deliberate steps on July 10,
1998, and for the next eighteen years, to execute and conceal her crime. Prior to taking the baby,
Defendant spent several hours with Ms. Mobley, determined she was young and unsure of
herself, and made the decision that taking the baby was the right thing to do. To execute her
crime, Defendant lied to Ms. Mobley about having to take the baby for a temperature check and
then concealed the baby in her bag. In pleading guilty, Defendant acknowledged this crime
continued from July 10, 1998 to July 9, 2016. For those eighteen years, Defendant sustained the
daily deception that Miss Mobley was her daughter, Alexis Manigo. To this end, Defendant
created false documentation, including a birth certificate, a hospital card, and a social security
Until recently, Mr. Charles Manigo believed Miss Mobley was his biological daughter.
Although his relationship with Defendant ended when Miss Mobley was about three months old,
he provided financial supportl for her and helped to raise her. Having leamed that Miss Mobley
b. Mitigating Factors
Although Defendant did not initiate contact with the authorities, prior to her arrest, she
did encourage Miss Mobley to provide a DNA sample. Defendant testified that Miss Mobley
wanted her to run away to avoid arrest; however, Defendant chose to face the truth. She has
confessed to this crime and has pleaded guilty as charged in the information. See $
921.0016(4Xi). Defendant accepted responsibility for her actions, which eliminated the need for
t
The Court does not consider any uncharged crimes alleged by Mr. Manigo in sentencing Defendant. See Williams
v. State, 193 So.3d 1017, l0l9 (Fla. lst DCA 2016).
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a trial.
No testimony or evidence was presented that this kidnapping was an).thing but an
isolated and aberrant incident in Defendant's history. Since the lime of the insrant olfense in
1998, Defendant has spent considerable time working and volunteering in her church and her
community at large. Reverend Sheri White testified that, in addition to other roles at Buckhead
United Methodist Church, Defendant had served as its youth coordinator for three years, with
very positive results. Defendant also volunteered with various veterans' associations and
caretaker by her family and has been helpful to her aging parents, her grandchildren, and others
in need. Mr. Antoine Bolden and Mr. Andre Bolden describe her as a hard-working, loving, and
fair parent, and both sons still have a very close relationship with her.
Defendant's parents and sons each testified to Miss Mobley's upbringing. All agreed that
Defendant provided a positive and stable home for her and that Defendant and Miss Mobley
have always had a strong, loving relationship. Miss Mobley was a happy, healthy child; she was
well cared for, was never abused or excessively punished, was always enrolled in school, and
never wanted for anlthing. Defendant's husband, Mr. Wemoskie Williams, who has known
Miss Mobley since she was about eight or nine years old, testified similarly.
Miss Kamiyah Mobley recognizes that Defendant committed a crime and some
punishment will be imposed. However, she maintains no ill will toward Defendant; rather, Miss
Mobley has sympathy and forgiveness for her. Miss Mobley feels Defendant was a "gteat
mother" and although "what she did was wrong," she was given "the best life." Def. Ex. 4.2
Defendant is remorseful for the suffering she has caused the Mobley and Aiken families,
'Defense Exhibit 4 includes five news articles containing statements made by Miss Kamiyah Mobley, which were
tendered in lieu ofher live testimony.
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and acknowledges the selfish nature of her actions. She thought many times over the years about
retuming Miss Mobley; however, she had grown to love her, and the fear of retuming her was
crippling. Defendant recognizes her actions deprived Miss Mobley's biological family of
eighteen years of love and memories, and that punishment is warranted for her crime.
IV. Conclusion
This crime does appear to be an aberration in Defendant's character, as the vast majority
of testimony presented indicates Defendant is a good person, hard worker, loving mother, and
active and beneficial member of her community. However, Defendant's actions vastly impacted
the lives of the Mobley and Aiken families every day for eighteen years, and will continue to
have negative ramifications for her own family and for Miss Kamiyah Mobley for years to come.
The Cou( has carefully assessed the totality of circumstances in this case, and has considered the
testimony of witnesses presented on behalf of the State and Defense, Defendant's testimony, the
sentence.
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Accordingly, it is:
as follows:
punishable by life, and is sentenced to a term of eighteen (18) years in Florida State
Prison;
degree felony, and sentenced to a term offive (5) years in Florida State Prison;
3. The sentence in Count Two is to run concurrently to the sentence in Count One; and
4. Defendant shall receive 51 1 days credit toward her sentences on each Count.
DONE at Jacksonville, Duval County, Florida this 8th day ofJune, 2018.
MA L. AHO
Circuit Judge
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Copies to:
Edward Birk
Marks Gray, P.A.
1200 Riverplace Blvd., Suite 800
Jacksonville, FL 32201
[email protected]
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