Tag Archives: fmpd

FMPD Sued for Arresting and Tasing a Man for No Legal Reason

jones taser

Jones, about to be tased from behind

Two FMPD officers had no legal reason to arrest Holley Jones in April, 2018, but when he tried to walk away, they tasered him. The officers indicate they responded to a third-party complaint about a disorderly person, which apparently did not identify Jones. The whole incident is on body cam, and Mr. Jones is not causing a disturbance when officers come in and tell him they want to talk to him. When he declines to come outside, he tries to shake the officer’s hand, and the officer gets angry, and starts yelling at him not to touch him, pulls out his taser, and orders him outside. Jones says he did nothing wrong, and the officer says you’re real close to doing something wrong.

An officer is not allowed to detain someone, or order them around, unless he has evidence that they’ve done something wrong. Jones’ refusal to come outside isn’t improper because the officer doesn’t have evidence of a crime to have the authority to order him outside. People like to say you don’t have to consent to officers if you’ve done nothing wrong, but it results in poor Mr. Jones getting tased when he eventually runs away from the officers.

Something that’s nearly as bad as the unnecessary violence is that the officers mislead in their report to try to justify their actions. They indicate in their report that Jones did not seem to understand what they wanted him to do. The video is clear that he understood, but did not consent to following them outside or being searched. Then the officers say that when he ran back inside, he turned around in a “defensive posture with his arms raised,” and “a closed fist as if he was going to strike” the officer. The video clearly shows the officer is lying, as Jones is simply trying to evade the illegal arrest. The irony is that experienced criminal attorneys will recognize the “defensive posture” language as a phrasing that cops frequently use to justify use of force. In this case, thanks to the body-worn cameras, the truth is exposed. NBC-2 uploaded the video here, and it is somewhat graphic.

The case went to court, and on a motion to suppress, the state could not show a lawful detention, and the evidence was suppressed, leading to the case being dropped. Officers are allowed to talk to people in a consensual encounter, but they can’t just order people around who aren’t breaking the law. This should be a teaching tool, and body cams will help improve police and citizen interactions. In the meantime, this poor police work will probably lead to Mr. Jones getting paid. Not only that, they found substantial amounts of drugs on him, but he cannot be prosecuted due to the poor police work.

Alleged Cop-Killer Desmaret to be Evaluated for Competency

wisner desmaret

Wisner Desmaret

The man charged in the killing of Fort Myers police officer Adam Jobbers-Miller has been ordered to undergo a competency evaluation to determine if he is able to stand trial at this time. Wisner Desmaret will be evaluated by qualified doctors to determine whether his current mental state can support going to trial a this time. One has to be severely impaired to be found incompetent, essentially the experts would have to find that he was unable to understand the charges, the court process, or to effectively assist his attorneys in his defense. If he is found incompetent at this time, that does not mean that he can not be prosecuted, as the state can attempt to restore his competency (through medication and counseling) and he can be brought to trial if his competency is restored.

The evaluation was expected, as there have been previous questions of his competency in his previous cases. He has been found incompetent multiple times, and on one occasion, the court found that his competency was not restorable, based on expert testimony presented. However, another judge found that after restoration treatment, that his competency had been restored, which led to his release from a Sarasota county jail not long before he killed Officer Jobbers-Miller. If he is found incompetent, he will likely remain in custody until his competency is restored, at which point he will face trial for First-Degree Murder. The state has filed their intention to seek the death penalty against him.

Alleged Cop-Killer Desmaret Indicted for First Degree Murder

wisner desmaret

Wisner Desmaret

A grand jury has returned an indictment for First Degree Murder against Wisner Desmaret, the man accused of killing FMPD Officer Adam Jobbers-Miller. A grand jury indictment is a necessary step in Florida to proceed on First Degree Murder charges, and may be the next step toward the state seeking the death penalty. The grand jury found evidence that he killed Jobbers-Miller with premeditated design or in the course of committing a violent felony (resisting an officer with violence), in addition to additional charges of Resisting with Violence, Robbery, Depriving an Officer of Means of Protection, Attempted Murder and Aggravated Assault on other officers, and Burglary and Grand Theft. The police report indicates that Wisner, a former boxer, knocked Jobbers-Miller down, took his gun, and shot him in the head while he was still on the ground. He then fired at two other officers, one of whom shot Desmaret before he was taken into custody.

Desmaret is set for arraignment on August 27, though that may be moved up, since the indictment has been filed. Chief Assistant State Attorney Amira Fox was the prosecutor who obtained the indictment, and will likely be handling the case.

Details Emerge in Zombicon Shooting Case

jose bonilla

Jose Bonilla

Documents released today reveal why it took more than two years to bring charges against Jose Bonilla, even though he was identified as a suspect just a few weeks after the Zombicon shooting in October 2015. There were several calls to Crimestoppers, with anonymous tipsters indicating that Bonilla was the shooter and bragging about it. However, law enforcement did not want to move at that time, because they didn’t have sufficient evidence to bring the case to trial. The anonymous tips are hearsay, and they need someone to testify in order for that evidence to be admissible in court.

The stayed on the case, tracking Bonilla down, conducting several interviews, and talking to many of his friends and family. Ultimately, the break in the case came at the end of 2017, while Bonilla was in jail, Detectives indicate an informant in the jail came forward with information about Bonilla’s comments. The prosecutors took their time, and instead of rushing to make an arrest, they had the informant wear a wire to record his conversations with Bonilla. The details have been redacted from the public records, but the Detectives indicate that he admitted to involvement. More details may follow at the detention motion on Monday. Bonilla is innocent until proven guilty, but he is unlikely to get a bond at the pretrial detention hearing tomorrow.

I spoke to NBC-2 again about the case, and may be on the evening news tonight.

 

Will the Alleged Zombicon Killer get a Bond?

jose bonilla

Jose Bonilla

At first appearance yesterday, Jose Bonilla’s attorney David Brener asked the judge to continue the case to today’s first appearance so he could have an opportunity to review the 17-page Motion for Pretrial Detention that the state filed. The motion is essentially a request to hold the Defendant without a bond, and will need to be scheduled for a hearing before the soon-to-be-assigned trial judge within five days.  That motion hasn’t been released yet, so we do not yet know the facts from the investigation that makes the State believe that Mr. Bonilla was the Zombicon shooter: which Mr. Brener will likely argue either at today’s first appearance, or at the pretrial detention motion hearing in a few days.

 

news bonilla1I gave some comments to the news the other day: though at this point, we don’t know much until the underlying facts are released. FMPD has said that Bonilla was identified early in their investigation, but we don’t know what changed that caused them to move now, but they are still actively requesting any additional information.

Here’s the NBC-2 story:

UPDATE: No Bond for now, to be reconsidered at hearing next week.

Arrest Made in Zombicon Case in Fort Myers

 

Fort Myers police have arrested a man they say is the shooter in the Zombicon shooting case from downtown Fort Myers in 2015. Police have arrested Jose Bonilla from Immokalee and charged him with Second Degree Murder of  Expavious ‘Tyrell’ Taylor. He is charged with 5 additional aggravated battery counts and a count of evidence tampering for the other people injured in the shooting. FMPD has not said much beyond the arrest, but more details will be coming out in the days to follow.

You can see from the photo, multiple agencies are involved- FMPD, State Attorney, LSCO, FBI and Collier Cty SO. He was identified as a subject early, but it is unknown yet why action was taken now. FMPD is still asking more people to come forward if they have details.

UPDATE: Here’s a link to the video of the press conference (albeit very limited statements)

Fort Myers Pays Nate Allen $440,000 for Wrongful Arrest

nate allen

Nate Allen

The city council yesterday finalized a settlement of nearly a half-a-million dollars for NFL player Nate Allen for his wrongful arrest. (While he was detained, and ultimately released without a formal arrest, it was easily a ‘de facto arrest’ due to time and totality of the circumstances.) It was enough to make the news, especially since he is a professional football player. Even though he was released that day, the suit was worth a lot more because of the demonstrable negative effects it had on his NFL contract situation. Worse, the FMPD chief at the time, Doug Baker, was caught lying in the investigation into the cover-up, leading ultimately to his termination. The entire incident was a black eye on the city. To the council’s credit, they recognized the wrongdoing, and have repeatedly apologized. Neither the chief, nor the detective on the case are still with the city. Sawyer Smith handled the case for Allen, and tells me he is as nice a guy you could ever meet.

Sadly, the lessons are still being learned. Just a few months ago I encountered a case where the FMPD utilized the same faulty show-up procedure to identify someone, in spite of the pending lawsuit. The state ended up dropping the case. Meanwhile, the 2-year anniversary of Zombie-con has passed with no arrests, charges, or even named suspects. And just last week, more details have come out about the officers suspended after the Freeh Report. FMPD has a long way to go…