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Boynton Beach (FL) Gang tie probed in mall slaying of Berno Charlemond

December 26, 2006

BOYNTON BEACH ? Jesse Cesar, whom police once linked to a gang-related murder, went to the Boynton Beach Mall with a gun and unleashed what police say could have become a Columbine-like incident.

And, although Berno Charlemond was the victim Sunday, he had taken a gun onto the mall property a month ago. He and three other men were arrested there for reportedly carrying weapons because of a gang feud.

So with a shared history of reputed gang ties, firearms, and run-ins with the law Cesar and Charlemond stood toe to toe at the mall Sunday afternoon. There was shoving, the glimmer of a gun, and then the sound of shots echoing through the packed mall.

What ensued was a crime more violent and chaotic than police had ever seen at the mall: It had police dodging bullets, shoppers screaming and trampling one another, and Charlemond dying outside a record store.

In spite of that, as the two men arrested in the incident appear before a judge, the mall's doors open today without added police manpower.

Police had beefed up security after Charlemond, 23, and his friends were arrested, and the number of officers on site now is enough, Lt. Jeff Katz said .

"What you got was good enough," Katz said. "It works. It kept it from turning into a Columbine-type place."

"I wouldn't hesitate to shop there with my family."

This morning, the two men arrested in connection with the Christmas Eve fatal mall shooting appeared in court for the first time. They were both in jail uniforms and shuffled to the podium one after the other to hear that they would not be released on bond.

Cesar, 21, of Lake Worth, is charged with first-degree murder and attempted murder of a police officer. Fregens Daniel, 21, of Boynton Beach, is charged with acting as an accessory to murder.

Their public defender, Joe Walsh, declined to have the charges read out loud in the courtroom. There was no argument after the prosecutor said there should be no bond. Both men were then escorted back to their cells. Family members of the suspects were in the courtroom, but declined to comment.

According to the arrest report, Cesar is accused of firing the shots that struck and killed Berno Charlemond. According to the report, Charlemond was struck about six times in the torso.

On Monday, police said Cesar fired at least six bullets before they cornered and arrested him in the women's department of Dillard's.

Police are investigating whether the shooting was gang-related but released no information about that aspect of their investigation out of concern for reprisals.

More lives could have been lost if police had not responded as quickly as they did, Katz said. Two officers were in the mall near the JCPenney store at the time of the shooting. They saw Cesar flee and tried to catch him as he fired back. Police also had about 10 officers on duty and in the area of the mall on Congress Avenue, west of Interstate 95, at the time of the shooting.

"He was more interested in getting away," Katz said. "And since our victim had been arrested before for bringing in guns to the mall, we don't know what may have happened. Had he had an opportunity to return fire it could have really been bad."

Police believe they had enough manpower to stop the incident from escalating and don't expect to add personnel.

The department, though, will likely work closely with Simon Property Group, which owns and manages the mall, to critique Sunday's response and develop further plans in case other incidents arise, Katz said.

The mall will have regular holiday hours today: 8 a.m. to 9 p.m., said Les Morris, spokesman for Simon Property. He had no further information on security.

In August, Cesar was charged with attempted second-degree murder, but the charge was dropped. At the time, Cesar and two other men were alleged to have shot at a member of a gang who was working on a car in his driveway on Northeast 16th Court in Boynton Beach.

Boynton Beach police also arrested Cesar on a burglary charge in 1999.

Daniel, who was arrested as an accessory to the shooting Sunday, had come from Orlando to visit his father in Boynton Beach for Christmas.

Fequiere Daniel, 52, said his son was raised in Boynton Beach and knew the alleged shooter from high school. He had heard about the San Castle Soldiers, a reputed gang of which Cesar was suspected of being a member, but he did not think his son was in the gang. In fact, he said his son was studying criminal justice in college.

"He's never been in trouble and that's why I'm so upset," he said, as he sat in a chair with a cordless phone and a pack of Newport's. "I can't sleep. I can't eat. I'm just waiting for him to call."

The last time Daniel spoke to his son was on Christmas Eve. Fregens was at the mall and said he would be coming home soon.

Police would not release any information about Daniel's arrest.

Charlemond's uncle, who gave his name as Willy, said he doesn't know why the shooting occurred or whether his nephew was involved in any gangs.

He wondered how the shooter could have brought guns into the busy mall, and said he didn't know about Charlemond's arrest last month for carrying a gun in his car at the mall.

"Why did they let something like that happen?" he said. "It's not supposed to be like that. I would like to know why they don't have any security."

A feud between several small gangs in south Palm Beach County has led to numerous drive-by shootings this year. Top 6 Records, which law enforcement considers a gang, reportedly oversees six smaller, predominantly Haitian or Haitian-American neighborhood-based groups in the Boynton Beach, Lantana and Lake Worth areas, authorities say. There are more than 100 members.

If Charlemond "had somebody after him, he didn't say anything about it," said Stephen Ocean, one of the men arrested with Charlemond at the mall last month. "He was a good person. I don't know what he got into."