A petition for our friend, Octavian – not a hand out, a hand up.

Update posted by Sheila Gill On Sep 16, 2018

All,

I am cautiously very optimistic that Octavian will finally get his long-awaited evidentiary hearing. It's been two long years, but things have been happening that I haven't shared yet. The court required that the State respond to two of Octavian's grounds in his post-conviction relief motion. The State finally responded on 9/6/18 and although they "denied the allegations", they cite "the record does not conclusively demonstrate that the Defendant is not entitled to relief on Grounds three and four; therefore the State requests that the Court grant an evidentiary hearing on the Defendant's motion."

WOW. All I can say is wow. Now we wait for the Court to respond to see if they agree to grant an evidentiary hearing. We believe with high certainty that they will.

THANK YOU to everyone who has donated money to this campaign.

Delphine and I had a conference call with Richard Kurtiz to discuss next steps. Tomorrow, we are dropping off a $5,000 check (retainer for the evidentiary hearing) and will be signing an engagement letter with Mr. Kuritz. The money YOU contributed is what is making this possible. I can't thank everyone enough. It is so critical that Octavian is properly represented for this hearing.

Mr. Kuritz did tell us that he thought the hearing would probably not take place until early January. He will need a little time to dig through all of the evidence and prepare properly and we are in the holiday season so it will be a bit difficult to get a trial date in November/December.

IF we do well in the evidentiary hearing (and I believe we will), the next step will be a new trial. We will be stepping up funding efforts again over the next month or two once we have a better idea of what is going to happen. A new trial will be costly, but we can't let him be defended by a public defender again.

I will keep you updated once we hear back from the Court.

Say prayers for Octavian. Thank you all so much for making it possible to pay for the evidentiary hearing.

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Update posted by Sheila Gill On Jun 09, 2018

Delphine and I visited with Octavian a few weeks ago. Octavian is staying strong, but getting a little weary of waiting for the courts. I have what I consider to be good news! Based on his last amended appeal (which he wrote himself with some help), the judge has ordered the State respond to two of his six grounds raised for post-conviction relief. The State has 60 days to respond from May 9, although they can request up to 90 days extension. So, we're expecting to see the State's response no later than October 9, but praying it is sooner. Thanks to all of you, we have raised almost all of the money necessary for an evidentiary hearing, which is what we are expecting to happen next, pending the response from the State, unless the State has something so compelling that the hearing won't be ordered. I believe in Octavian as I know all of you do. I believe that he will be released when the truth is revealed. Please keep him in your prayers, we hope this ordeal is almost over.

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Update posted by Sheila Gill On Oct 08, 2017

Although Delphine and I have been to visit Octavian a few times this year, I haven't posted any updates.

It's time for me to post an update.

As some of you may know, Octavian lost his dad a few months ago. We visited him shortly after he sent us a letter telling us of his loss. It was a hard visit, seeing him so hurt.

We went to see him again yesterday and are planning a visit again in November. He was in good spirits yesterday and he looked good.

He is keeping his head down and working hard every day, waiting for the response from his motion for post conviction relief that he filed in December 2015. He has amended it twice, the most recent in March of this year. We are hopeful that the "slow" response is a positive reflection that the court is thoroughly reviewing his motion. We are all counting on him getting his next day in court (evidentiary hearing). He needs freedom from this injustice.

We will be writing a letter to Angela Cox, the judge responsible for reviewing his motion. It's time for relief for Octavian. He needs to be home with his family.

I will post another update as soon as we have one.

Sheila

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Update posted by Sheila Gill On Jul 10, 2016

All,

It's been some time since I posted an update. Unfortunately, I allowed the campaign to lapse as I was going through some trials and tribulations with family medical issues. I am back on track and have updated the campaign date to keep it open until we get to the next phase.

Delphine and I visited Octavian yesterday. He was upbeat and staying positive. He has not received anything back from the court yet regarding his appeal. We think that's good news and hopefully means they are being thorough in their review.

Octavian is keeping his head down and working hard at his job there. He continues to pray for you and I every day. He has a good spirit. I miss him as I know you do too.

Keep praying for him and his release.

Sheila


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Update posted by Sheila Gill On Apr 15, 2016

All,

Delphine and I visited Octavian last weekend. I wish I could say that I walked away with high spirits, but I didn't. His faith is strong, but his spirit is low. It's hard to stay positive when your future is uncertain. One day is like one month, time passes so slowly. He stays busy, he has a good job there, but staying busy doesn't change the fact that he's away from his family and not knowing when he will be with them again.

The intermediate plan, while we wait for Judge Cox to respond to his appeal, is to meet with Richard Kuritz, the attorney that we will use for the anticipated evidentiary hearing. We will set up a meeting to discuss the steps taken so far, identify anything that may have been missed and set the stage for next steps.

We hope that the delayed response from Judge Cox means they are investigating thoroughly, anticipating a favorable outcome.

Octavian hasn't had much interaction from friends and family lately, I'm sure he's lonely. If you're so inclined, send him a letter. He would love to hear from family and friends. Keep praying for him and a positive outcome.

His address: Octavian Nephilim, J41430

Tomoka Correctional Institute

3950 Tiger Bay Road

Daytona Beach, FL 32124

Thanks everyone. Keep the faith.


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Update posted by Sheila Gill On Feb 28, 2016

Delphine and I visited our brother from another mother today. I am reminded of how much I miss him every time I visit. His smile is contagious and his spirit is good. We talk, we laugh, we get serious about the plan to get him home. Before you know it, a few hours have passed and it's time to leave. When I walk out, I feel good again. We will do this, we will get him home.

Octavian is thankful for all of you. He prays for you and he thanks for you for standing by him. He appreciates the faith that you have in him.

He met the deadline to file his post conviction relief, although he realized that rushing to complete it caused a few errors. Errors in a motion can be devastating. He filed for a request to extend time to amend and was granted additional time to amend his motion. He filed his amendment timely and feels pretty good about the results. We expect the review process by Judge Angela Cox to take a few months. In the mean time, he is working on the memorandum of law. He can turn it in any time before a decision is made on his motion. He should have that complete and turned in soon.

I have reviewed his motion and his amendment to the motion. He has good evidence of ineffective counsel and we believe that Judge Cox will grant an evidentiary hearing. We're banking on it. We're ready for that step, we already have an attorney that has agreed to take his case. I want to personally thank each of you for making that possible.

Please keep Octavian in your prayers. Thank you all!

Sheila




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Update posted by Sheila Gill On Dec 20, 2015

Octavian asked me to update the site and to keep it active. I saw him Saturday. He filed his 3.850 motion for ineffective counsel himself. It wasn't perfect, but he thought it was pretty good. He is going to amend it Tuesday to fix some of the minor errors made while rushing to get it done. I am reaching out to Kuritz (attorney) Wednesday or early next week. Octavian wants to get help with the case law that supports the 3.850, apparently they don't have to be mailed in at the same time.

We're going to keep trying to raise money to pay for the evidentiary hearing next, and a trial if all goes well.

Thanks everyone for the prayers and assistance.

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Update posted by Sheila Gill On Dec 12, 2015

The appeal deadline is looming. I visited Octavian last Saturday and Del and I are going to see him tomorrow. His appeal has to be filed by 12/18/15. We have come in very much under goal to hire an attorney to file his appeal by the deadline, so we're on to plan B and potentially plan C. Plan B = file an extension to the appeal. I'm not sure if it's an option, but expect to hear back from an attorney on Monday. Plan C = Octavian files his own appeal and if it goes to an evidentiary hearing (which we think it will, he has strong facts), we hire an attorney to represent him there, we will have enough funds by then to cover those fees.

Thank you for your continued prayers.


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Update posted by Sheila Gill On Nov 27, 2015

Continued thanks to those that have contributed to Octavian's defense fund. I visited Octavian today. He remains optimistic about his case, but I can see the stress in his eyes. Time is passing and we're not quite where we need to be financially to hire an attorney to file this appeal. We are in a sprint to the finish line. If ever I wanted time to stand still, this is it.

He is not giving up hope. He feels in his heart that a post conviction motion for ineffective counsel will result in an evidentiary hearing, which will give him the opportunity to share the many mistakes at his trial. Octavian thanks you for your continued support and he can't wait to thank you himself.

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Update posted by Sheila Gill On Nov 08, 2015

Delphine and I visited Octavian today. It was a good visit. As usual, he uplifts my spirits. I don't know how he does it, but he remains focused, positive and always smiling. We talked about family, friends and football, just like we always do. We talked about his case and discussed the next steps that we need to take to keep things moving forward within the timelines. He wanted us to thank each of you who care enough to ask about him, contribute to the defense fund and/or pray for him. He keeps his head up. Thank you for caring.

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Hello sir and madam I need this fund for my mother operation. She will undergo an angioplasty surgery. I really need your support. Nobody wants to see my posts, no one is helping me. I am commenting on everyone’s post..sorry Thank you. You can also directly donation to my Paypal: [email protected]

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