Jury weighs death sentence in 2018 Fort Myers police officer slaying
A Lee County jury reconvened Friday morning as members decide the fate of a man convicted of the fatal 2018 shooting of a Fort Myers Police officer.
Adam Jobbers-Miller, 29, was shot after responding to a report of a stolen cellphone. Wisner Desmaret, 34, of Fort Myers, ran as Jobbers-Miller pursued him. After a scuffle Desmaret shot the officer in the head with Jobbers-Miller's gun.
The 12-member jury was sequestered Thursday evening after four hours of deliberation in the penalty phase of the trial. If members affirm a death sentence, Lee Circuit Judge Robert J. Branning will take it under advisement as he decides whether to give him the death penalty or mandatory life in prison.
They had not returned with a decision by deadline Friday.
On Wednesday, the same jury had found Desmaret guilty on eight counts in the slaying; the most serious claim was a capital charge.
As the day began Thursday, Branning again emphasized the importance of having an attorney moving forward. Desmaret had exercised his right to represent himself.
Guilty on all charges: Wisner Desmaret found guilty of 2018 murder of Fort Myers Police officer Adam Jobbers-Miller
Life sentence: Fort Myers man, 33, faces multiple counts in Fort Myers shooting, LCSO says
Desmaret said he didn't want Branning to appoint Lee Hollander, who advised him throughout the three-day trial and four days of jury selection. Hollander remains standby counsel.
Desmaret reiterated he doesn't want an attorney.
"Even lawyers don't represent themselves," Branning told him.
State Attorney Amira Fox and Assistant State Attorney Andreas Gardiner led the prosecution.
Competency questions cause confusion
Thursday began with a competency exam, where Branning quizzed Desmaret. He hesitated to answer some, others he replied to swiftly.
As to his age, Desmaret replied he's 33. Court records indicate he's one year older.
Desmaret became confused around a question from Branning involving mental illness.
"I don't know what does it have to do with this right here," Desmaret said.
Desmaret said he was diagnosed as paranoid and sometimes hears things when he's by himself.
"The medicine they giving me was giving me a bad effect," Desmaret said, adding he hasn't taken the medicine for some time.
"I find a way to just cope with it," Desmaret said.
As to whether it interferes his ability to understand what happens around him, he wasn't sure what to answer.
"It depends on what I'm seeing or what I'm looking at," Desmaret said.
Branning referenced a competency hearing in the fall and stressed the importance of having an attorney as he entered the penalty phase.
"I want to keep going with this," Desmaret said.
Paranoia, mental health concerns
Hollander, helping Desmaret field some of the questions, reiterated Desmaret was released from a Sarasota jail two days prior to the Jobbers-Miller shooting and said his paranoia led to the fight when he walked up to three men at a Marathon gas station on Dr. Martin Luther King Jr. Boulevard on July 21, 2018.
Hollander said he believed Desmaret's distrust comes from not taking his medication.
After a 30-second pause, Desmaret told Branning he doesn't want an attorney, again asking to remove Hollander.
"He’s distracting me," Desmaret said.
Desmaret alleged Hollander shortly after whispered in his ear, "I want them to give you death."
Branning cautioned Desmaret and expressed the seriousness of the allegation.
Jobbers-Miller's family speaks
On behalf of the prosecution, David Miller, the fallen officer's uncle who raised him, said Jobbers-Miller was born premature and HIV-positive.
Miller said his nephew became interested in law enforcement when he was about 5 or 6 after he found a classmate’s father was in law enforcement.
About 2012, the Millers moved from New Jersey to Punta Gorda, he said. Jobbers-Miller initially didn't move, but a vacation trip opened his eyes to Southwest Florida.
"He said 'next time I’m going down I’m staying'," Miller said. "And that’s what he did."
Fort Myers Police hired Jobbers-Miller, 29, when he graduated from the police academy. He was officer of the month in September 2016.
Additionally, he got a letter for commendation for getting an Uber for a pregnant woman who couldn’t afford a bus to Port Charlotte, Miller said.
"He loved his job," he added.
The state submitted a thumb drive containing photos of the officer. Fox asked Miller about the photos that included him as a firefighter; on a call for Fort Myers Police; and with his nephew as his sister-in-law underwent cancer surgery.
"[The] personal loss was a lot of family stuff is not the same anymore," Miller said, adding that includes holiday and birthday gatherings.
Following the shooting, Miller's wife fought cancer, dying two years later, he testified.
"She lost a lot of her will to live," Miller said.
Jobbers-Miller's partner moved to Michigan.
Desmaret cross-examines the Miller family
Desmaret also questioned the Jobbers-Miller family.
Desmaret asked Miller if the officer had a violent history. Miller declined to answer.
He then claimed Jobbers-Miller was born a drug addict and followed up asking about anger or violent history. Miller denied the allegation.
Desmaret declines to have his family speak, testifies
Branning asked if Desmaret wanted any of his family to speak on his behalf.
"I know you have family in the back who may want to help you," Branning said. Desmaret declined, adding only God can help him.
Two relatives sitting in the back left the courtroom.
Desmaret said he doesn’t have a violent prior or criminal record.
"I had a really high paranoia where people out to get me," he said.
Prior conflicts questioned
Fox addressed violence involving Desmaret as he remained in custody awaiting trial.
Desmaret said he didn’t hurt anyone in jail. However, Fox recalled three times he struck inmates in Collier County, where he spent the majority of his time in custody after after a transfer from Lee County Jail after the shooting.
Desmaret said he only remembered two instances.
As he continued to answer, Branning and Hollander stopped him, warning it could harm his verdict in this case and the others. Desmaret, however, continued.
He said people in jail were putting feces and urine in his food, adding that jail deputies have connections with inmates.
Desmaret said he thought another inmate accused of homicide was promised he could walk out if he murdered Desmaret. The inmate's name wasn't disclosed.
State addresses five aggravating factors
Fox summed up the state's findings, saying the defense proved he deserves the death penalty.
"They’re written in the law, these factors," Fox said.
Fox said they’ve laid out five factors — a previous conviction of a capital felony or threat of violence to another person; the capital felony was committed during a flight involving another crime; the capital felony happened while evading his arrest; his intention to disrupt or hinder the enforcement of the law; and that the victim was a law enforcement officer.
"There’s a reason that there’s five aggravating factors," Fox said, saying the state had proven them.
Fox said the factors are sufficient for the death penalty.
"When he knocked officer Jobbers-Miller to the ground he made a choice," Fox said.
Fox said Desmaret could’ve shot Jobbers-Miller somewhere that wouldn’t have killed him.
"Taking his medication or not taking medication he’s subject to violent acts," Fox said.
Fox said Desmaret took a fighting stance before he struck Jobbers-Miller, recalling his boxing background.
"There’s not mitigation that outweighs those factors for what that man did to officer Jobbers-Miller that night," Fox said.
Desmaret claims his innocence
He questioned how jurors found him guilty of burglary and theft and added he didn’t break the laws when he went in a car belonging to one of the men who initiated the complaint about the stolen cell phone.
He said he was only searching for the firearm he feared.
Desmaret said his mind told him to stop the gun. He claimed the men from the car told Jobbers-Miller to kill him.
"Why would you tell the officer to kill somebody?," Desmaret asked.
He questioned why first responders were called before the shooting.
"I'm the target in this case," Desmaret said.
Fox alleged improper opening statements, but Branning allowed him to continue.
"Please be sure to ask for the second video," Desmaret urged jurors. "That’s when the officers arrived on scene."
During the pursuit, officers tackled Desmaret at one point.
During his closing remarks, Desmaret said he was afraid to get off the ground, saying he feared officers would shoot him.
"I never planned to kill nobody that day," Desmaret said.
Tomas Rodriguez is a Breaking/Live News Reporter for the Naples Daily News and The News-Press. You can reach Tomas at TRodriguez@gannett.com or 772-333-5501. Connect with him on Twitter @TomasFRoBeltran, Instagram @tomasfrobeltran and Facebook @tomasrodrigueznews.
This article originally appeared on Fort Myers News-Press: Lee County jury weighs death sentence; Desmaret says he was set up
