Every year before legislative session, I travel to Tallahassee and speak with legislators from all parts of the state regarding issues and challenges that affect Florida prosecutors whose mission is to keep our communities safe.
For years, I have been asking the legislature for increases in salaries for prosecutors and dedicated staff who keep the wheels of justice in motion. Though we appreciate the raises provided by the legislature during the past two sessions, we simply cannot find enough qualified individuals willing to take our salaries especially with Miami’s skyrocketing cost-of-living.
I am extremely proud of the work my office does and we are succeeding where others have failed. According to data from the Medical Examiner’s Office, we had 16% fewer homicides in Miami-Dade than we did in 2019. Even more encouraging, the number of people killed in 2023 was the lowest since 2005 and the second lowest since 1982.
When we look at other jurisdictions’ homicide rates from 2019 to 2023, Chicago had an increase of 23%, New York increased 21%, and Philadelphia homicides increased 16%.
We have helped reduce the number of homicides and saved lives by providing the police departments with the support they need and prosecuting cases effectively despite losing 156 prosecutors in the past two years.
Our current levels of success are not sustainable unless we hire classes of 70 or more annually during the next few years. Unfortunately, that seems all but impossible with current funding.
We are at a disadvantage when we recruit across the country. Many of the law students who are excited about our Smart Justice approach and all the innovative programs we have tell us that they can’t afford to work here.
Our inability to recruit, hire, and retain attorneys and staff threatens public safety. Remaining attorneys and staff remain have to provide more services and handle more cases than they ordinarily do, increasing burnout and further undermining retention.
For example, our felony Division Chiefs often have a caseload of 40 homicide cases, new ones and historical ones, while supervising three attorneys and their combined 400-600 felony cases.
Communities like ours remain at risk of a constitutional crisis as we continue losing applicants and prosecutors to other local government agencies and firms in our area.
At the end of FY 2022-2023, 113 of our prosecution positions were unfilled (33%), making it nearly impossible to properly staff critical divisions like our gun violence, gang, organized crime, and narcotics units.
Our community and its victims, our office, and our attorneys deserve better. I respectfully continue to ask our legislature to provide increased funding and locality pay differential. I urge you to contact your state legislators regarding this salary issue that impacts our public safety.
Thank you for partnering with us in supporting those who choose to become ministers of justice in order to serve our community.
Thank you and God Bless,
IN THIS EDITION
Celebrating Black History Month:
A Tribute to Achievements and Legacy
Trailblazing Change:
SAO Representative Honored
Empowering Communities:
Combatting Human Trafficking through Awareness and Action
Protecting Our Seniors:
Work Group Held to Discuss Legislative Changes
Ensuring Home Owner Association Integrity:
Addressing Challenges and Legal Compliance
"Second Chance Program"
Seal or Expunge Event
Tomorrow's Legal Leaders:
Recruitment Efforts at Florida A&M University
Community Outreach in Action
SAO Profile in Passion
Eunice Cooper
The Success of Our Crime Fighters:
February Courtroom Highlights
Celebrating Black History Month:
A Tribute to Achievements and Legacy
The State Attorney’s Office joins communities in honoring African Americans' rich heritage and contributions during February in recognition of Black History Month (BHM). This month serves as a time to reflect on African Americans' struggles, triumphs, and contributions throughout our history. Our office celebrates by highlighting significant milestones in black history, displaying portraits of prominent black judges, attorneys, and community leaders, and enjoying diverse cuisine at our BHM lunch.
Each year, members of our SAO community gather for an afternoon of traditional Soul Food, music, and reflection. This year’s luncheon was no exception, employees came together to laugh, dance, and celebrate the achievements of the African American community.
The event began with an opening prayer from Pastor Lunicel Alvarado, setting the tone for an afternoon of unity and celebration. A beautiful song from a Turner Tech Voices of Expression Student Choir filled us with joy and inspiration, followed by an incredible African dance performance by one of our SAO Team Members, Nia Awonsa.
State Attorney Katherine Fernandez Rundle then welcomed US Attorney Markenzy Lapointe to the event. Lapointe delivered an inspiring speech celebrating the unity and progress of black individuals and reminded us that the accomplishments of this country could not be discussed without recognizing the contributions of the black community.
State Attorney Fernandez Rundle concluded the afternoon by presenting each participant a plaque in honor of their dedication and commitment to amplifying the contributions and history of African Americans.
We would like to recognize the work of the members of the BHM Committee that made this year’s celebration a success: including Yaneth Baez, Stacey Cleveland, Sandra Lawrence, Kesia Moreno, George Washington, Trevor Wanless, Harry Fisher, Pam Bull, Marie Jo Toussiant, Lorna Salomen, Kenneth Johnson, Mario Gonzalez, Lisa Simmons- Whyte, Marquita Reed, Tricia Maria Walton, Primrose Laurient, Sharvetta Rahming, and Thomas Bowman.
Trailblazing Change:
SAO Representative Honored
State Attorney Katherine Fernandez Rundle congratulates Community Outreach Representative Janeen Jones who was recently awarded the 2024 Trayvon Martin Foundation “Trailblazer” Award for her community activism and commitment to creating positive change.
The Trayvon Martin Foundation, a non-profit organization whose goal is to provide emotional and financial support to families who have lost a child to gun violence, was founded in 2012 after Trayvon was shot and killed by a neighborhood watchman. Foundation Founders, Tracy Martin, and Sybrina Fulton have turned the loss of their son into action to save the lives of others and keep our community safe by raising awareness of how violent crimes affect the community. The foundation hosts an Annual Remembrance Dinner to honor Trayvon Martin's life and recognize individuals in the community who are dedicated to creating positive social change.
“I extend my heartfelt congratulations to Janeen, and I am so proud of her accomplishments,” commented State Attorney Katherine Fernandez Rundle.
“Janeen has served the Miami-Dade County community as a dedicated advocate and uncompromising voice for our victims of crime. She exemplifies compassion in the face of adversity and truly embodies what it means to be a trailblazer. Thank you to those at the Trayvon Martin Foundation for recognizing and celebrating the incredible work she has accomplished. I am so happy that she is a part of our SAO family.”
Empowering Communities:
Combatting Human Trafficking through Awareness and Action
State Attorney Katherine Fernandez Rundle was honored to be a keynote speaker at the Florida Hotel Conference, hosted by the American Hotel and Lodging Association, the Florida Restaurant and Lodging Association, and the National Restaurant Association at the Hyatt Regency Miami.
The event provided a platform for keynote speakers to address hotel and restaurant owners on critical local, state, and federal updates affecting the hospitality industry.
The State Attorney stated, “All of us here are united in the fight against human trafficking. Our partnerships show we recognize the weaknesses of trying to win this fight alone. We, in law enforcement, know that we need your help and your eyes in this community. By providing training to key individuals in industries that regularly interact with our tourists, law enforcement can gain valuable insights into daily interactions, learning to recognize subtle signs that something might be amiss, which could otherwise go unnoticed.”
"I firmly believe that our efforts in combating human trafficking would not be successful without partners like you. Partners who not only understand the importance of the work but also actively contribute to saving lives by removing exploiters from our streets. Thank you for standing united with law enforcement to remove these predators from our community.”
Continuing our commitment to combat human trafficking, our office extends its reach beyond industry events.
Human Trafficking Special Victim Advocates Tanya Gennusa and Debbie Brown participated in the University of Miami Crime Prevention and Safety Fair hosted by the University of Miami Police Department. SAO representatives engaged with students, raising awareness about the dangers and signs of human trafficking. By distributing our 24-hour rapid response hotline number, we empower students to play a vital role in reporting suspected instances of human trafficking, further strengthening our community's collaborative efforts against this heinous crime.
Protecting Our Seniors:
Work Group Held to Discuss Legislative Changes
State Attorney Katherine Fernandez Rundle, Miami-Dade County Mayor Danielle Levine Cava, and Senator Rene Garcia hosted the Elder and Vulnerable Adult (EVA) Work Group for stakeholders to discuss pending legislation intended to safeguard our most vulnerable populations.
The session focused on defining the workgroup’s future objectives and priorities, reinforcing our commitment to advocate, educate, and protect this susceptible population.
Members of our SAO Team, including Director Brenda Mezick, Assistant State Attorney Anthony Gil, Victim Specialist Carmen Duran, and Community Outreach Representatives Angie Fernandez, Janeen Jones, and Jose Lopez, were present among attendees to ensure they remained up to date on best practices and resources available to those who may be a victim of exploitation.
Ensuring Home Owner Association Integrity:
Addressing Challenges and Legal Compliance
The State Attorney, joined by Deputy Chief Assistant John Perikles, spoke to nearly 50 association leaders throughout South Florida on current proposed legislative changes and ongoing issues with HOA management, including the challenges faced in addressing complaints on kickbacks, HOA election fraud, and record destruction.
State Attorney Katherine Fernandez Rundle was the Special Guest Speaker during the Aventura Marketing Council Chamber of Commerce Condominium and Homeowner Association Board Members and Property Managers Luncheon chaired by Aventura Commissioner Dr. Linda Marks.
During this legislative cycle, two major bills were introduced to address the ongoing challenges associated with HOA Management. The State Attorney explained to attendees how these bills would protect those living in managed communities by criminalizing behaviors that disrupt a neighborhood's proper and ethical function.
She emphasized the importance of homeowner involvement to ensure honest governance and encouraged individuals to attend their HOA meetings, ask questions, and stay engaged. She concluded her speech by expressing optimism that increased participation, along with new laws, would lead to a more transparent and improved governance of homeowner associations.
"Second Chance Program"
Seal or Expunge Event
State Attorney Katherine Fernandez Rundle wants to thank all who attended the “Second Chance” Sealing or Expungement Event held at Miami Vineyard Community Church in Kendall.
The State Attorney’s Office, along with the help of the Miami-Dade Public Defender's Office and the Miami-Dade Clerk of the Court and Comptroller, was able to assist 78 total individuals, with 57 attendees eligible to seal or expunge one arrest in Miami-Dade County.
“Second Chance” events would not be possible without the help of our amazing volunteers and community partners, including individuals from the NAACP Miami-Dade Branch, Florida Rights Restoration Coalition, and Miami-Dade College.
We are looking forward to bringing the “Second Chance” Sealing or Expungement Event to Miami Dade College West Campus on March 13!
Tomorrow's Legal Leaders:
Recruitment Efforts at Florida A&M University
As a part of our ongoing efforts to address staffing needs and underscore the critical role of prosecutors in the criminal justice system, our team recently traveled to Orlando to speak to students at various events on the Florida A&M University College of Law Campus.
Assistant State Attorney Sandra Miller-Batiste and Andrew Vinson recently attended the Florida A&M University College of Law Career Expo and Job Fair, where they spoke to students about job opportunities available at our office.
Director of Recruitment and Retention Thomas Bowman sat on a distinguished panel of prosecutors at Florida A&M University College of Law, where he addressed attendees and responded to their questions regarding the pursuit of justice in the criminal court system.
For more information on our ongoing recruitment efforts
Community Outreach Representative Angie Fernandez and JIM Volunteers Olubukola Soremekun, Shavonya Strachan, and Winneca Montgomery attended the 9th Annual Children’s Festival hosted by the Coral Gables Woman’s Club. The children who attended participated in amazing activities while the volunteers spoke to parents and guardians about SAO programs and services.
Community Outreach Representative Angie Fernandez presented at the Calusa Elementary School Career Day where she shared with students’ information about the work we do at the SAO, our community services and programs, and the various careers we offer.
Community Outreach Representative Janeen Jones and Steve Machin, along with our Justice in Motion (JIM) Bus, attended the Trayvon Martin Foundation 10th Annual Peace Walk & Peace Talk in Miami Gardens. This years theme was “Still Standing, Still Strong,” attendees helped to raise awareness to ending senseless gun violence in our community.
SAO Profile in Passion
Eunice Cooper
Eunice Cooper,
SAO Investigator
This month, we highlight a distinguished member of our SAO family.
We present our SAO Profile in Passion
Eunice Cooper has built a career in law enforcement while earning the respect of peers, prosecutors, and the community. She has also been a trailblazer by becoming the first woman to become the Commander of the City of Miami Police Department Homicide Unit. And she became in fixture in many households across the nation as her unit was featured on the television reality series “The First 48”.
Born in South Carolina and moving to Miami with her family as a teenager, Eunice grew up wanting to be a psychologist. “I never wanted to be in law enforcement,” Eunice explains. “I went into it because I didn’t like working inside and I love talking to people. But law enforcement soon became my passion.”
After graduating from Miami Jackson Senior High School, Eunice went on to earn her Associate’s Degree from Miami-Dade Community College and then began taking psychology classes at Florida International University. She eventually earned her Bachelor’s in Psychology from Barry University. While pursuing her education, she worked in the office of world-renowned eye surgeons whose clientele was mostly older northerners who spent the season in Florida. “I would love talking to them and listening to them. It was then that I thought I wanted to do that but not inside in an office. So, I applied to the City of Miami Police Department.”
Eunice’s first four years on the job were as a patrol officer. She was able to work in various neighborhoods throughout the city while honing her skills. “It was great to get to know people in the community and interact with them and build trust.”
And then one evening she was asked a question that would change her career path and her life. “I was asked if I wanted to join the Homicide Unit. It wasn’t really something that I had thought of and was hesitant. So, they gave me two weeks to think about it. When they asked again, I said no.”
Recognizing her skills and talent, they did not take no for an answer and in February 1988, Eunice Cooper was assigned to Miami PD’s Homicide Unit. At that time there was only one other woman in the unit who left shortly after Eunice joined that team.
Eunice was first assigned to cover Liberty City. “I am shy but working in Homicide brought out a part of my personality and I am not afraid to talk to anybody.”
Her ability to speak to people and connect with them proved to be one of her strengths as a detective solving cases where there is violence and loss of life.
“To be a good homicide detective you need to listen, show compassion, have insight, be able to relate, communicate, see all angles, and not lock into something/point of view too quickly,” she insists.
“The intelligence, insight, and devotion to her goals, that made Eunice Cooper a successful leader in one of the most demanding Sections of the Miami Police Department are the same skills that I value in our State Attorney’s Office investigators,” said State Attorney Katherine Fernandez Rundle. “Having Eunice on our investigative team, working with my Gun Violence Reduction Initiative, adds another element of expertise to our efforts aimed at keeping this community safe.”
Eunice fondly recalls meeting and working with State Attorney Katherine Fernandez Rundle. “I met the State Attorney when she was in charge of the Grand Jury, and I would go and testify before them. There were few women in our respective roles and fields then.”
Eunice has always used her skills as well as her heart in her work. She creates bonds with victims and next of kin that in some cases last a lifetime. “There was a case from 1990 where a mother was killed by her boyfriend in front of her two children (6 and 7 years old). It was a Domestic Violence homicide and though we knew who committed the murder we couldn’t find him. It took a very long time to solve, and I had promised the children that I would solve it before I retired. We finally found the defendant who was incarcerated in California under another name. To this day I am in almost weekly contact with them. One of their nieces reached out to me and I was able to connect her with an internship at the SAO.”
Even as she grew in her position at Miami PD, Eunice continued her education. She earned a master’s from St Thomas University and spent three months at the Southern Police Institute in Louisville, KY earning a certification in their Executive Leadership Program.
Her career City of Miami PD then took her to become the Investigations Supervisor for their Domestic Violence Unit. She returned to Homicide before joining Internal Affairs. But it seemed that Eunice’s career had some kind of magnetic pull, and she was assigned once again to Homicide and became the Commander.
It was during this time that the City of Miami agreed to have the police department be part of a new television series “The First 48”. Being filmed during the first 48 hours after a homicide as they tried to solve the case, the detectives in the Homicide Unit became household names and familiar heroes to viewers. “The reaction from the public has been positive even so many years later. We did about 10 seasons. I get recognized by people on the street or even at weddings. The people felt that they knew us because they saw us on the show. This was very helpful in our work because some were more open to speak to us about cases because they felt they could trust us.”
After 34 years as a police officer, Eunice retired to spend time with her ailing older brother and just enjoy a simple, quiet life. She retired in October 2016, and he passed away in June 2016. She stayed home for three months taking care of her mother after the devasting loss.
“Then KFR called and asked if I would come and work for SAO. My first reaction was to graciously decline but then my mother gave me some advice. She said, ‘I’m 80 years old and if I could work I would’. Those words released me and gave me permission to come back without guilt.”
For the past almost 8 years, Eunice has been a valued member of the SAO Investigations Unit where she works with many former homicide officers, some were her colleagues at the City of Miami. “We have been working together for year and in some cases decades. We all get along very well and are truly a family. We joke that when we retire from here, we are all going to buy property together and live on a commune,” she laughs.
Eunice is currently assigned to the SAO Gun Violence Reduction Initiative (GVI) serving Miami Gardens. “What is special about GVI is that prosecutors and investigators are embedded withing the Homicide Unit. This means that we go out to the scene with officers and are working the case with them from the beginning which enhances the chances of a successful completion of the case.”
Being a retired seasoned Homicide detective places Eunice in a unique position to be able to understand and merge the points of view of law enforcement and prosecutors. “I love to sit with prosecutors and ask questions to see how things work. I serve then as someone who can communicate the law enforcement point of view on a matter to prosecutors and the prosecutors’ point of view to law enforcement. By each understanding what the other is facing while trying to solve a case we are able to seek justice for the victim.”
When reflecting on her career, Eunice says that law enforcement is a tough profession right now, but everything is cyclical. “Many people thought that I shouldn’t be there as an officer, a detective and then as I came up through the ranks to Commander of Homicide. I was one a few women when I started and not many women of color. But you can’t make changes from the outside. If you are not part of it, you can’t implement any changes.”
As an Investigator at SAO, she continues to make an impact on the safety of our community. “I love working at SAO because I am always learning something, and it is never the same thing every day. Until I came to work here, I didn’t realize all the programs that State Attorney Fernandez Rundle has in the community. It was an eye-opening experience being a part of the Second Chance Sealing and Expungement workshops and how it can help people in attaining jobs, housing, and better futures.”
Eunice is not the only member of her family in law enforcement. Her younger sister is Deputy Chief of Police in Spartanburg, SC and her late brother’s son is an officer in Tampa. She credits this passion for serving others to her parents who raised them in a strict but loving environment. “My mom always said that the two things you have are your name and your reputation, don’t tarnish either one of them.”
The Success of Our Crime Fighters:
February Courtroom Highlights
Jury Finds Man Guilty of
1st Degree Murder & Rape:
DNA Key To Solving 1990 Case
Congratulations to Division Chief Sonali Desai and Sexual Battery Unit Division Chief Natalie Snyder for securing a guilty verdict against Dale Ewers on charges of First-Degree Murder, Sexual Battery with a Firearm, Kidnapping with a Firearm, and Robbery with a Firearm.
“I am extremely proud of the work that Sonali and Natalie did on this difficult and brutal case of murder and rape against two unsuspecting women,” said State Attorney Katherine Fernandez Rundle. “Thanks to the collaborative efforts between my office and the Miami Beach Police Department we were able to find justice for both victims and hopefully bring a sense of peace to them and their families.”
On September 21, 1990, Ewers was able to gain access to the apartment of deceased Victim Mercedes Perez by asking for the telephone number of the building manager. He was dressed in a suit and carried a briefcase. When she went to her bedroom to get the number, he struck her before grabbing her girlfriend who happened to be there from behind. Ewers shot Perez in the head killing her and proceeded to rape the surviving Victim. When he was done, he gave her a towel and told her to wipe herself. That towel and the DNA evidence on it would lead to identifying the Defendant and to jurors convicting him in less than three hours of deliberation.
At the time of the murder and rape, DNA analysis was not as easily available for solving cases. It was a new science, and it was expensive to perform the testing. Thanks to a 2010 federal grant for DNA testing for cold cases, Miami Beach Police detectives were able to test the semen on the towel from the crime scene which led to a match to Ewers DNA from a prior conviction out of state. The surviving Victim was able to positively identify him in a photo array and in 2012 a warrant filed for his arrest. Ewers was located in Jamaica where he had been deported in after serving time for a 2008 arrest in Massachusetts. The extradition process to bring him back to Miami-Dade took five years and he was back in our jurisdiction and in custody in 2017.
The Ewers trial which began in late February. The surviving Victim, now 61, bravely testified to the horror of witnessing the murder of her lifelong friend and herself being held at gunpoint and raped. “He turned me around. My back towards him. Put his left hand on my mouth and with his right hand put the handgun to my head,” she said on the stand.
The Defendant also took the stand and through his testimony revealed that he was a five-time convicted felon. Prosecutors were able to impeach his testimony after he lied under oath about not possessing a firearm. Prosecutors show that Ewers had been arrested in Hallandale Beach a few months before Perez was murdered. He was found hiding in the bushes near an apartment complex with a hunting knife and a .32-caliber pistol.
The jurors were able to evaluate that and the DNA evidence and delivered a guilty verdict in less than three hours. Dale Ewers will be sentenced to Life in Prison on March 19.
Congratulations to ASAs Marko Nikitovic and Nicholas Sconzo for securing a guilty verdict on the charges of Armed Robbery with a Deadly Weapon and Aggravated Assault with a Deadly Weapon in a trial before Judge Cabarga.
On October 24, 2022, two young men were doing laundry at a laundromat when they noticed the Defendant sitting on one of their mopeds. They went outside and asked him to get off and leave the moped alone. The Defendant pulled out a machete and started swinging at them. The Victims backed away. The Defendant then walked away from the location while pushing the moped down the street. Although the Victims kept their distance, they followed the Defendant for several blocks while speaking to the 911 operator and updating the police about his location. When the Defendant saw the police drive up, he dropped the moped and escaped by hopping fences in the neighborhood. One of the officers who had given chase spotted him the next day and took him into custody. Later, both Victims positively identified the Defendant in separate photographic line-ups and the Defendant’s fingerprints were found on the back of the moped.
The Defense argued misidentification and alleged that sloppy police work and an improper influence - one of the Victims had seen a picture of the Defendant at some point before the police showed him the lineup - contributed to the misidentification. Although the Defendant’s fingerprints were on the back of the moped, the defense argued that the Defendant’s fingerprints were not found on the handlebars. They also argued reasonable doubt because DNA samples from the moped were not tested. A lone holdout to the guilty verdict held onto those points for almost ten hours of deliberation before conceding that his doubts were not reasonable.
ASA Nikitovic would like to thank his trial partner, ASA Nicholas Sconzo, for agreeing to second-chair this trial after his own trial case plead at the last minute and for his invaluable support and guidance. They would both like to thank Victim-Witness Coordinator Lizette Hernandez for not only enduring relentless requests to help coordinate the attendance of the witnesses, but also for helping their Spanish-speaking Victims go through their depositions and prepare to testify.
Congratulations to Felony Division Chief Sara Imm, ASA Khalil Quinan, and ASA Elizabeth Utset for securing a conviction against the Defendant on charges of First-Degree Felony Murder, Attempted Felony Murder, and Attempted Armed Robbery. The case went to trial following the Defendant’s demand for speedy trial. The Defendant was sentenced to life in prison in a sentencing hearing held immediately after the verdict.
The Defendant conspired with two friends - Codefendant #1 and Codefendant #2 - to set up a robbery of Victim #1. Codefendant #1 posed as a would-be buyer of three pairs of Yeezy sneakers that Victim #1 was advertising on Instagram. Codefendant #1 told Victim #1 to meet him in front of a house in Codefendant #2 neighborhood. Victim #1 drove to the location and sat in his car with his 18-year-old girlfriend, Victim #2, in the passenger seat.
The Defendant appeared from the side of the house and approached the passenger side of the car. He pretended to be the person who was interested in buying the shoes. Codefendant #2 left his house a short distance away and approached the driver’s side of Victim #1’s car. Codefendant #2 walked to the Victim’s vehicle car window, pulled out a firearm, pointed it at Victim #1, and fired one shot. The bullet struck both the Victims, but Victim #2 succumbed to the injuries.
The defense argued that there was no conspiracy between the Defendant and the other charged Codefendants. They argued that the Defendant did not know Codefendant #2 would show up with a gun and that he acted independently without the Defendant’s knowledge. They also argued that the Defendant could have been innocently attempting to buy the shoes or planning to steal them without using the force or threat required for a robbery. The State was able to show how the Defendants were working in concert through a combination of surveillance video and cell phone evidence that circumstantially established their intention to commit a robbery, which made this Defendant a principal to Felony Murder.
The ASAs could not have been successful without the diligent investigation and trial preparation by Miami-Dade Police Department Lead Detective Chris Villano, Sgt Sergio Cremisini, and the entire Homicide team. The attorneys would also like to thank Trial Coordinator Matthew Schultz for assisting throughout the trial with witnesses and exhibits. Special thanks as well to Victim Advocate Diane Santana who sat with and supported a large group of family members of the victims throughout the proceedings.
Congratulations to ASAs Carolina Sanchez and Marko Drago Nikitovic for securing a guilty verdict against the Defendant for the charge of Attempted First- Degree Murder in a trial before Judge Venzer. The Defendant faces a firearm mandatory minimum penalty of 25 years to life in prison.
In the early morning hours of November 8, 2021, the Victim was called repeatedly by two unknown individuals asking to buy drugs. The Victim refused to sell to them, saying that he did not sell to people he did not know. Shortly thereafter, a friend of the Victim called and vouched for them. Then the Victim agreed to meet them on the 2900 block of Miami Beach. Unbeknownst to the Victim, the drug transaction was a setup. The Victim’s friend arranged for the two men to kill the Victim for allegedly sleeping with his girlfriend.
At the agreed location, the Codefendant approached the Victim as he sat in his car on the side of the road. The Victim quickly realized that Codefendant did not have the money for the drugs and grew suspicious. The Victim said he would leave if the Codefendant did not provide the money. As he was about to drive away, the Defendant snuck up behind him and shot into the vehicle seven times. The Victim was hit by two bullets in his abdomen. He was rushed to the trauma center where an emergency surgery saved his life. He lost a piece of his liver and received 25 stitches. He was not able to identify either Defendant.
The police investigation discovered CCTV camera footage of the entire shooting. The Victim’s cellphone records lead the police to Codefendant, and his cellphone records lead them to Defendant. Detectives went to the Defendant’s address and interviewed his girlfriend. She informed them that the Defendant came home about 30 minutes after the shooting. She said he was incredibly nervous and said he had just been involved in a shooting. However, he told her that the Codefendant was the shooter. Upon being shown the CCTV camera footage, she affirmatively identified the Defendant as the shooter but refused to give a recorded statement.
The Codefendant ultimately plead guilty and testified against the Defendant at trial as a cooperating witness. He confessed to his own role in the crime and identified the Defendant as the shooter and the individual capture on the CCTV footage.
The Defendant’s girlfriend refused to cooperate and ignored several subpoenas. The Defendant’s girlfriend was personally served with a subpoena by a police officer the night before she would testify. She was informed that the State would compel her attendance in accordance with the law. She could either come in and testify willingly or be arrested and brought to testify by order of the court.
The Defendant’s girlfriend begrudgingly appeared. However, in a courtroom deposition that took place moments before she testified before the jury, she recanted her story. She denied that she had identified the man in the video as the Defendant and denied telling the police that the Defendant admitted that he was involved in the shooting. Then the defense objected to her testimony, arguing that the State could not call her after she recanted solely for the purpose of impeaching her. However, the State replied that additional testimony regarding her knowledge of the Codefendant’s relationship with the Defendant as coworkers and friends for months before the incident would be elicited. This testimony would establish the connections between the two men, corroborate the Codefendant’s testimony, and add context to his ability to identify the Defendant on the CCTV footage.
Judge Venzer overruled the defense’s objection, permitted the State to call her, strongly warned her against providing false testimony, and informed her about what a perjury charge could entail if she lied to the jury under oath. Despite the recantation, the State was able elicit that testimony and confront her with her prior statements to the police.
After less than an hour of deliberation, the Jury found the Defendant was guilty beyond a reasonable doubt and that the firearm minimum mandatory penalty applied.
The prosecutors would like to thank Trial Coordinators Andres Stolk-Cocco and Nelson Escobar; Victim Witness Specialist Tessa Lieber; ASAs Jared Lorenz, Natalie Mendez, Conor Soper, and Ashley Ramkishun; and the phenomenal Litigation Support Team.
Congratulations to Sexual Battery Unit (SBU) ASA Bronwyn Nayci and ASA Jose Rohaidy for securing a guilty verdict on three counts of Sexual Activity with a Child by a Person in Familial or Custodial Authority. The charges are FirstDegree Felonies punishable by up to life imprisonment.
For most of the 12-year-old Victim’s life, her father, the Defendant, was in and out of prison and absent from her life. Weeks after reuniting with his daughter, she disclosed to a family friend that he had engaged in a sexual relationship with her. The family friend sent messages to the Defendant on Instagram from the Victim’s account telling him that the Victim was being taken to the doctor. The Defendant sent replies telling the Victim how to get rid of his DNA from inside of her. He also sent her voice notes of stories to tell about how his DNA got there.
Before the police got involved, the Defendant convinced his daughter to run away so they could meet up to get their stories straight. The Defendant denied the allegations, and of course, there were no witnesses to the sexual abuse.
The defense focused on the fact that the Victim’s Instagram messages were made up by the family friend and motivated by the family friend’s animosity towards him. However, the jury was convinced of the Defendant’s guilt beyond a reasonable doubt by his own Instagram messages instructing the Victim how to get rid of evidence and his own voice notes telling her how to lie to authorities. Additionally, the minor Victim gave statements and descriptions of the sexual acts the Defendant committed upon her to the detective that were too detailed for a child to give without having lived through them.
The ASAs would like to thank Sexual Battery Unit (SBU) Victim/Witness Coordinator Nancy Germeille for finding the essential family friend for the Instagram messages, for supporting the Victim, and for her assistance in coordinating travel for our witnesses; Guardian ad Litem Francis Feinberg for supporting the Victim and staying by her side during trial; and SBU secretaries Charlotte Haslem and Valerie Ford for assisting with trial preparations. Also, thanks to the Litigation Support team – Angel Del Castillo, George Washington III, Trevor Wanless, and Rene Ferrer – for their assistance with redacting the interviews and Instagram messages before and during trial.
