Cultivating Justice

Cultivating Justice: Aylstock, Witkin, Kreis and Overholtz Helps Veterans

By Clara Hottinger & Donna Law

Aylstock, Witkin, Kreis and Overholtz (AWKO), a law firm founded in 2001, has represented over 250,000 clients across the country. The main focus of the firm has been seeking consumer justice and protecting the rights of consumers injured by defective products including medical devices, as well as accidents and negligence. In recent years, AWKO has picked up a new focus. The firm is now working in tandem with developers of programs such as Florida First Judicial Circuit Veterans Treatment Court in order to assist Veterans with reintegration into society.

In 2020, Florida First Circuit Judge, the Honorable Gary Bergosh, a retired USMCR lieutenant colonel, reached out to AWKO to see if the firm would be interested in learning about the Escambia County Veterans Treatment Court Program. This is a voluntary 12 to 18 month program that diverts Veterans with comparatively minor criminal charges out of the traditional criminal justice pipeline and into a rehabilitative system that emphasizes sobriety, recovery, restoration, and stability.

Many Veterans return from service with issues such as substance abuse, mental health problems, and other issues unique to the traumatic experience of war. This can lead to difficulty integrating back into the community. The Veterans Treatment Court Program involves the cooperation and collaboration of the judicial system, law enforcement, veteran centers and service organizations, and volunteer veteran mentors. As of April 19, 2022, there have been 121 participants in the program, with 67 successfully completing the program.

AWKO jumped on the chance to be involved in such an important program. The firm has always had a strong ethos of getting justice for those who have injuries related to medical trauma and of responding to the financial needs of their local community through the AWKO Justice Foundation.

Now, the firm also would be able to reach a helping hand out to struggling Veterans in need. An initial example is its hiring of three Veterans participating in the program.

Describing the relationship and its successes, Judge Bergosh said, “Aylstock Witkin Kreis Overholtz are great partners with Escambia County Vet Court. Vet Court serves justice-involved veterans with militaryrelated substance use and/or mental health disorders. An essential part of Vet Court is the addition of volunteer Veteran Mentors to assist their fellow veterans. AWKO supported the relaunching of the Veteran Mentor program by encouraging involvement by their staff.

I always say, ‘You spell love T I M E,’ which AWKO does,” the Judge went on. “AWKO, upon learning a Vet Court participant had no transportation and was walking miles every day to work and support meetings, stepped up to provide a top-of-the line bicycle to this veteran. AWKO has previously hired two Vet Court participants to work at the firm, giving these veterans a chance to greatly improve the stability of their lives with full-time employment and benefits. They have recently hired a third Vet Court participant who starts working there soon, showing their continued support to help provide the Second Chance for Those Who Served that is so needed.”

One of these team members is Daniel Pomeroy, who was born and raised until the age of 18 in Pensacola, Florida. When he was 11, his mother passed away from pancreatic cancer, a tragic loss and devastating blow to Danny at such a critically young age.

Later, in high school, Danny fell into the wrong crowd. He began experimenting with different drugs, starting with marijuana. After high school, wanting to get out of Pensacola, he enlisted in the Army, was trained as a medic

and soon was stationed in Northern Iraq. During his deployment, he treated causalities and lost friends. It was too much loss to bear.

He had married, and in 2013, upon arriving home after his deployment, his marriage was crumbling. Again, Denny fell in with the wrong crowd. He began experimenting with opioids such as dilaudid and oxycodone before trying heroin and, in 2015, began having incredibly high fevers.

He knew something was wrong, but he didn’t seek treatment. Finally, his concerned sister took him to the emergency room when his fever reached 105.1. There, he received the devastating news that he was septic and had a staph infection on his heart’s aortic valve. He was immediately placed on antibiotics, and his sister brought him to a rehab in Mississippi. The fevers returned with a vengeance, though, and Danny had to return to the emergency room.

He underwent open-heart surgery at the age of 27 and was in the hospital for four months recovering. He returned to rehab and completed his program.

Once back at home, Danny quickly relapsed and began using again. It didn’t take long for the high fevers to return. Once again in the

Iraqi kids pose with Daniel and another soldier in Kirkuk.

hospital, he was found to have now damaged the mechanical valve in his heart.

As Danny regretfully recalls it, “The doctors really thought about not doing the second surgery and just letting me die.” But his doctors did go forward with the surgery and in 2018, Danny underwent his second open-heart surgery, and recovered.

Then, having been arrested for possession of a controlled substance, Danny ended up in Veterans Court and was sent to a VArun rehab that specialized in helping those suffering from PTSD. It had a completely different approach to treatment, one that focused on how to have fun without needing to numb yourself with drugs and alcohol. Participants performed community service work in a program that incorporated enjoyable ways to cope without those substances.

After completion of the program, Danny returned home. This time he was able to maintain his sobriety better, although he was still struggling. During one of his weekly

Specialist/E-4 Daniel Pomeroy in Kirkuk, Iraq.

Daniel attends a Christmas Party with his fiance, Shalah Cortez. Vet Court Graduation at Veterans Memorial Park, Pensacola. Posing together to mark the moment are (l-r) the Honorable Gary L. Bergosh, LtCol USMC (Ret), presiding judge of Vet Court, Daniel, and his parents, Jeff and Sheryl Pomeroy.

check-ins with Judge Bergosh, he was asked, “How are you?”

Danny answered truthfully. He was working odd jobs at restaurants in the kitchen, he said. He was consistently surrounded there by people on drugs and was barely making any money to care for himself and his family.

He felt hopeless. What he needed, he knew, was help.

As he was leaving, Danny was approached by Andrew DelGaudio. Ph.D., a retired USMC lieutenant colonel, who encouraged Danny to send him his resume. DelGaudio passed the resume along to AWKO’s HR manager, Donna Marston, and she invited Danny in for an interview.

“AWKO is the best thing that’s ever happened to me,” Danny said, delighted to talk about his work at the firm. “I don’t have the desire to use drugs anymore and I’m surrounded by good people that want the best for me. I have a newfound confidence in myself. I never thought I would work in the legal field, but I always knew I wanted to do more than work in a kitchen!”

Starting at the firm as a legal assistant on the War on Terror Combat litigation, he then moved to be part of the 3M Defective Earplugs litigation team, but quickly rose through the ranks to be co-case manager of the litigation. He’s also a member of the firm’s kickball team. In short, Danny is an essential part of the AWKO family.

Danny’s story is a story of success. He has begun volunteering with Veterans Court and wants to help others who are in the same position he was. “I had an opportunity that a lot of people don’t have, and I’m incredibly grateful,” he said.

AWKO saw a need in the community and wanted to offer a hand up to those who have served our country but were now struggling. The firm sees great benefits in hiring Veterans: they “shine” in strengthening team cohesiveness, providing leadership, showing attention to detail, and having a “get it done” mentality. AWKO expects to continue this relationship with the Veterans’ Court, whether it be through future hiring or donations.

Giving the thumbs-up in 2015 after receiving aortic valve replacement. A staph infection had caused severe damage to the original valve. Additional surgery followed for Danny in 2018.