Tag Archives: david wagoner

Yousel Rivera Guilty in Cape Cop Shooting

Yousel Rivera

Yousel Rivera

The jury deliberated just 90 minutes, according to @sara_miles of NBC-2 before find Yousel Rivera guilty as charged for Attempted First Degree Murder of a Law Enforcement Officer. Sentencing is set for next month, but there’s no drama. By statute, he must be sentenced to life in prison without parole, See F.S. 782.065. In Florida, if you kill a cop, or try to kill a cop, you never get out again.

Cape Cop Shooter Trial Concludes: Will Go to Jury Tomorrow

Yousel Rivera

Yousel Rivera

Closing arguments concluded this afternoon in the trial of Yousel Rivera, who shot Cape Coral police officer David Wagoner during a traffic stop. The Defense is not contesting that he is the shooter, so I didn’t use the term alleged. The allegation which will be decided by the jury, is whether the shooting constituted a criminal act. The Defense argued that the shooting was involuntary, due to a seizure disorder. At closing, the Defense also argued that a charge less that pre-meditated attempted murder might be appropriate, due to the Defendant’s mental state and inability to form the intent beforehand. The State made a strong case that his intent was made clear by accurately firing three shots, even as the officer was falling away. Deliberations will begin in the morning.

Trial Underway for Alleged Police Shooter in Cape Coral

Yousel Rivera

Yousel Rivera

Jury selection began yesterday in the case of Yousel Rivera, who allegedly shot Cape Coral Police Officer David Wagoner. The shooting was caught on tape. Fortunately, Officer Wagoner survived. Rivera faces life in prison if convicted as charged, for Attempted First Degree Murder of a Law Enforcement Officer With a Firearm. He must be sentenced to at least 25 years to Life, if convicted, under the 10-20-Life law. The News-Press did a pretty thorough article today, quoting me extensively about some thoughts on the trial. I used to work for Mr. Russell, and when I was a prosecutor, tried a murder case with Ms. Scalise, who are the prosecutors handling the case. They are very good, as is Mr. Rivera’s attorney, David Brener. Court watchers will get to see some of the most talented criminal practitioners over the next week or so of this trial.

http://www.news-press.com/article/20130802/CRIME/308020033/Jury-selection-gets-underway-shooting-Cape-Coral-police-officer