Tag Archives: Clay Curtsinger

Clay Curtsinger case: Drop DeBary man’s murder charge, attorney says

Charges against a DeBary man accused of murder should be dropped, his attorney argued in paperwork filed in Orlando this week.

Clay Curtsinger, 47, is accused of gunning down his girlfriend’s ex-husband in a neighborhood near the Orlando International Airport last month.

Curtsinger initially told investigators he fatally shot Jack Radke on Budworth Circle in self-defense.

Deputies found Curtsinger’s gun but no firearm was found with Radke.

Curtsinger’s attorney, David R. Damore of Daytona Beach, filed a two-page motion to dismiss the case on Thursday (August 17). The attorney raised eight reasons for dismissal, including  “facts that support the Defendant’s immunity from prosecution.”

Damore filed other motions, including one aimed at tossing Curtsinger’s statements to investigators.

Curtsinger gunned down Radke, 48, with a Taurus 9mm handgun at roughly 6:30 p.m. Friday (July 7) on Budworth Circle in the Eagle Creek subdivision in the Lake Nona area, his arrest affidavit states.

Curtsinger, while driving a white Dodge Ram pickup truck, pulled next to a white Ford van and immediately shot Radke, the affidavit said.

Curtsinger told 911 callers he shot Radke because he pulled a gun on him and was defending himself, the report says.

He was originally accused of first-degree murder. The Orange-Osceola State Attorney’s Office officially charged Curtsinger with second-degree murder.

People convicted of second-degree murder in Florida are not eligible for the death penalty. The maximum sentence for that crime is life in prison.

Curtsinger remains jailed without bond at the Orange Couty Jail.

Records show he’s entered a written plea of not guilty.

A pretrial conference in the case is set for Oct. 17.

Seven spent shell casings and the 9mm were found inside Curtsinger’s pickup truck. Radke was shot six times.

Radke’s ex-wife, Carla Radke, said they got divorced about four years ago, officials said.

She said she recently developed a relationship with Curtsinger, an old boyfriend, and they opened a joint checking account.

She said Curtsinger was at her house pressure washing her house before the shooting.

curtsinger motion to dismiss

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Clay Curtsinger update: Murder suspect from DeBary officially charged

Clay Curtsinger, a DeBary man accused in an Orange County slaying, has been officially charged with second-degree murder, records show.

Curtsinger, 47, was originally charged with first-degree murder in the shooting death of his girlfriend’s ex-husband in a Lake Nona-area subdivision on July 7.

The Orange-Osceola State Attorney’s Office filed paperwork last week officially charging Curtsinger with second-degree murder.

That means, if convicted, Curtsinger could face life in prison as a maximum sentence.

Defendants convicted of first-degree murder in Florida could face life in prison or execution, though the current top prosecutor in that region, State Attorney Aramis Ayala, said in an unrelated case that she opposes the death penalty.

It’s not unusual for the initial charges recommended by law enforcement officials and the official charges filed by prosecutors to be different. In fact, prosecutors can change the charges, either upgrading or downgrading, depending on what evidence has been uncovered or is lacking.

The difference between first-degree and second-degree murder in Florida boils down to intent, the Orlando Sentinel said in an unrelated article.

First degree requires premeditation. Second degree is often seen as a “heat-o-passion” crime, the Sentinel said.

Curtsinger remains jailed without bond at the Orange Couty Jail.

Records show he’s entered a written plea of not guilty. He originally told investigators he was defending himself when he fatally shot Jack Radke, according to the Orange County Sheriff’s Office.

Curtsinger gunned down Radke, 48, with a Taurus 9mm handgun at roughly 6:30 p.m. Friday (July 7) on Budworth Circle in the Eagle Creek subdivision in the Lake Nona area, his arrest affidavit states.

Curtsinger, while driving a white Dodge Ram pickup truck, pulled next to a white Ford van and immediately shot the driver, Radke, the affidavit said.

Curtsinger told 911 callers he shot Radke because he pulled a gun on him and was defending himself, the report says.

Deputies didn’t find a gun in Radke’s van.

Seven spent shell casings and the 9mm were found inside Curtsinger’s pickup truck. Radke was shot six times.

Radke’s ex-wife, Carla Radke, said they got divorced about four years ago, officials said. She said she recently developed a relationship with Curtsinger, an old boyfriend, and they opened a joint checking account.

She said Curtsinger was at her house pressure washing her driveway.  At one point, Curtsinger left in his pickup, only to return a few minutes later to retrieve his concealed weapons permit from the wallet he left behind, the report said.

“Clay Curtsinger told Carla Radke that he just shot “Jack” and he left on foot towards Budworth Circle,” the affidavit states.

Carla Radke lives on Davenham Point, 240 feet away from the shooting site, records show.

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Arrest affidavit

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