Stand with Yanelly Guzman: Legal Fees and Vehicle Repair

Hi, I’m Yanelly Guzman. On January 2nd, 2025, I was arrested by the Cape Coral Police Department and taken to jail in downtown Ft. Myers and then transported to the Core Facility as I was leaving work. I accidentally bumped a low-hanging tree branch in the parking lot at TJMaxx as I arrived to work early Christmas Eve morning 2024. I mentioned it to my assistant manager, worked all day, and went home after my shift. The arresting officer felt it warranted for me being arrested for not calling CCPD the day of the incident and not notifying them or the property owner of the commercial business about the tree. Since I didn’t leave my name, phone number, and vehicle information on the tree for the property owner to get ahold of me, I was being arrested for Hit and Run, Leaving the Scene of an Accident, and causing property damage to the bark of the tree branch that’s been hit many times by various vehicles over time and the officer charging me with the damage. This has me stressed out; it caused me anxiety and emotional distress.

I had to pay $3,000 for an attorney to fight the charges and for expungement, $150 for bail bonds, $50 for booking fee, and have to pay $1,000 to get my vehicle fixed for a low-hanging tree branch that is 5 ft above the ground, approximately 3 to 4 feet sticking out invading into the right of way of the parking space. This placed a dent on the top corner roof of my SUV due to the tree being neglected for quite some time, posing a hazard for pedestrians and vehicles due to lack of maintenance.

If and when the tree or tree branch is removed, where is the so-called property damage? You cannot fix a tree that poses a risk to the public.

In Florida, to be charged with damaging someone else's property, the act must be willful and malicious, meaning you intentionally and knowingly caused damage. An accidental or unintentional act, like brushing against a low hanging branch, generally wouldn't meet this requirement.

The property owner is the one who decides whether to pursue charges or seek compensation for property damage. If they don't want to press charges, it's unlikely the police would pursue a case, especially if the damage was minor and unintentional.

The key factor is intent. If you were deliberately trying to damage the tree branch, that would be a different situation. However, if it was an accident, the police are more likely to focus on resolving the matter through civil means if the property owner is interested in pursuing it.