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Parents Of Slain Teen Sue, Say Logan Gate Park Wasn't Safe

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By JASON GEARY, The Tampa Tribune

Published: November 28, 2007

CITRUS PARK - The family of a 13-year-old boy whose strangled body was found in a county park almost two years ago has filed a lawsuit claiming the park wasn't safe.

Stephen Tomlinson lived in Logan Gate Village, was known to ride his skateboard along the subdivision's streets and earned money mowing lawns. He was discovered Dec. 8, 2005, in the back of the community's park on Monterey Boulevard.

Joshua Rosa, a 21-year-old neighbor of Tomlinson, was charged with first-degree murder in the case. He remains in jail awaiting a Feb. 25 trial.

The lawsuit, filed Nov. 16, seeks damages in excess of $15,000 for the boy's parents, Ron Tomlinson and Loralie Gallagher.

David Tirella, Ron Tomlinson's Tampa-based attorney, said law enforcement and county public records show the park had become a "magnet for criminal activity."

"Something should have been done," he said. "It's finally done now. We're afraid it's too late."

Among its allegations, the lawsuit accuses various agencies of knowing crimes were committed on "numerous occasions" at the park, and of being negligent by failing to provide reasonable lighting, fencing and adequate security measures to patrol the park.

After Tomlinson's death, residents called for changes at public meetings, and some said the park, commonly known as Logan Gate Park No. 3, had a reputation as a haven for violence, drug abuse and sexual activity.

A $150,000 project went forward this summer to upgrade the park with additional fences, security lighting and dog-friendly features.

Before the majority of the construction began, a 17-year-old boy was stabbed in the park in late May and later told detectives he went to the park because a prearranged fight was supposed to take place there, according to the sheriff's office.

Defendants include county commissioners; the Logan Gate Village Special Dependent Tax District; Communities of America, a management company for the tax district; and the Logan Gate Village Homeowners' Association.

On Tuesday, the county attorney's office had not yet received the suit's documents.

Don Hardy, tax district president, did not wish to comment on the suit.

The lawsuit includes Zion Pentecostal Church For All People as a defendant.

Tirella said Stephen Tomlinson attended the church and received counseling from Rosa, who was in the church's Royal Ranger Ministry.

Investigators found Rosa's keys under Tomlinson's body, said Debbie Carter, a sheriff's spokeswoman.

They also found Tomlinson's blood on Rosa's hands and on a pair of white gloves he was carrying, Carter said.

DNA samples from fingernail clippers in Rosa's possession came from Tomlinson, she said.

Rosa said he found Tomlinson's body while searching for keys he lost while jogging, and he attempted to open Tomlinson's airway to revive him, Carter said.

In early 2006, Zion Pentecostal Church For All People expressed support for Rosa on its Web site, describing him as a "good Samaritan" who was falsely accused and needed donations for his defense. The posting has been taken down.

Richard Guzman, the church's senior pastor, did not comment Tuesday and referred all questions to his attorney, who could not be reached Tuesday.

Reporter Jason Geary can be reached at (813) 865-1505 or jgeary@tampatrib.com.

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