Daytona detective: Investigation focused on teen's killing, not boyfriend's drug dealing

A defense attorney for a man accused in the killing of an 18-year-old woman questioned why the victim's boyfriend, who was dealing drugs at the time, was not arrested, arguing that he put her in the perilous situation.

Jaquez D. Head, 23, is on trial charged with first-degree felony murder and robbery with a firearm in the death of Rachael Gasparini, 18.

Along with Head, Armonta Waters, 22, and Jordan Graham, 20, have been indicted on charges of first-degree murder and robbery with a firearm in her death. The three men face life in prison if convicted.

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A fourth man, Kimba Kimble, 23, was charged with third-degree felony murder with a firearm. Kimble did not enter the apartment; he remained in the car, according to prosecutors.

All four are all being held at the Volusia County Branch Jail. Head is on trial before Circuit Judge Leah Case at the S. James Foxman Justice Center. Head declined to testify in his trial.

The men drove down from Georgia in a borrowed Toyota Scion on Sept. 18, 2020, to rob Kevin Berry, prosecutors said.

Berry, 21, was dealing drugs out of a ground-floor apartment he shared with Gasparini at the Eagle Point Apartments, 468 Brentwood Drive in Daytona Beach.

Head was supposed to be the “muscle” in the robbery, Assistant State Attorney Andrew Urbanak, who is prosecuting the case along with Assistant State Attorney Boone Forkner.

Head seemed well-suited to be the muscle; he stood 6 feet, 2 inches tall and at the time weighed 170 pounds. Berry was much smaller at 5 feet, 6 inches tall and at the time weighed about 120 pounds. But he turned out to be a challenge for Head to subdue. Head put Berry in a choke hold only for Berry to break free and continue to struggle, according to testimony.

Berry testified that he yelled at Gasparini, who was in their bedroom, to get his gun.

She stepped out of the bedroom without the gun and Graham shot her, prosecutors said.

The three men then fled, jumping in the waiting Scion and speeding away. Berry checked on Gasparini and then got his AR-15. He fired at the fleeing car, striking it multiple times, but no one was hit. Police investigators found about 22 bullet casings fired from the AR-15.

Gasparini was taken to Halifax Health Medical Center where she died later that day.

Volusia County Medical Examiner James Fulcher testified on Wednesday that Gasparini was grazed by one bullet that did not penetrate her body. But a second bullet entered her lower left back above the beltline and traveled upward exiting at her right chest and then going through her right arm, Fulcher said.

The bullet damaged her intestines, her pancreas, liver, stomach and tore her abdominal aorta, a large vessel which carries a lot of blood.

Fulcher said Gasparini bled internally, losing about a quarter of her blood volume.

Defense attorney asks detective why he didn't arrest Jaquez Head: 'You gave a pass'

Under questioning by Urbanak, Daytona Beach Police Detective Sgt. Dave Dinardi testified that Berry had been cooperative and forthcoming with police in the investigation and had agreed to a forensic download of his cellphone.

Dinardi said police made no promise to Berry that if he cooperated, he would not be charged. Dinardi said Berry helped to identify two of the people arrested in the case.

Berry testified on Tuesday that he was no longer dealing drugs.

Head’s defense attorney, Philip Massa, questioned Dinardi about the decision not to charge Berry with a crime.

Dinardi testified that police found about 64 ounces of marijuana and about $7,500 in Berry’s apartment.

“So you are aware that Mr. Berry was selling marijuana at his apartment and is that a crime in the state of Florida,” Massa asked.

“Yes sir,” Dinardi said.

Massa also asked whether it was a crime to fire a gun in public as Berry did at the Toyota. Dinardi said it was a crime.

Massa asked Dinardi why Berry was not arrested.

Dinardi responded that the police department along with the State Attorney’s Office decided not to charge Berry and instead to focus on Gasparini’s murder.

“You gave him a pass because his girlfriend was killed,” Massa said.

“Like I said, we chose not to arrest,” Dinardi said.

“You gave a pass. You knew he committed those crimes, correct?” Massa said.

"Yes, sir,” Dinardi said.

“And you gave a pass because his girlfriend was killed in the apartment,” Massa said.

“The decision was made not to arrest him,” Dinardi said.

“OK, well, that’s a pass. Alright, moving on,” Massa said.

Massa then asked how Gasparini came into the room where she was shot.

“Mr. Head had attacked Mr. Berry, and I believe Mr. Berry called out to Miss Gasparini,” Dinardi said.

“Right, bring the gun, bae, did he tell you that?” Massa said.

Dinardi said there was no indication that Gasparini ever possessed a firearm.

“So now Berry's getting a pass or not getting arrested, because he brings his girlfriend into a dangerous situation and gets her shot, correct?” Massa asked.

“He’s not, I mean he didn’t get her shot. She was shot unfortunately,” Dinardi said.

“He put her in a situation where she got shot, correct,” Massa said.

“Yes, they were, she was in a situation where she got shot,” Dinardi said.

Later, Urbanak referred to Massa’s question about Berry putting Gasparini in a situation where she got shot.

“Let me ask you this detective,” Urbanak said. “If these four men hadn’t come down from Valdosta, Georgia, intending to rob Mr. Berry, would Rachael Gasparini still be alive.”

“Yes, she would,” Dinardi said.

The trial continues Thursday.

This article originally appeared on The Daytona Beach News-Journal: Daytona Beach murder trial continues for man charged in teen's death