Lee jury recommends life without parole for Wisner Desmaret, convicted of killing FMP officer

A Lee County jury recommended Friday life in prison without the possibility of parole for a man convicted in the 2018 murder of Fort Myers police officer Adam Jobbers-Miller.

Relatives of victim Adam Jobbers-Miller, as well as Fort Myers Police Lt. Peter Tarman, who killer Wisner Desmaret shot at the day of the crime, sat in the front row of the courtroom as Friday's decision was revealed. They had no visible reaction to the recommendation.

The family members of Desmaret, 34, of Fort Myers, also remained silent as they heard the recommendation.

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Desmaret had represented himself in the trial. He briefly looked down and turned to look at his family before questioning Lee Circuit Judge Robert R. Branning about what happens next.

However, after jurors were dismissed, Desmaret continued to express fear of being framed.

Desmaret was convicted Wednesday of fatally shooting officer Adam Jobbers-Miller, 29, on July 21, 2018.

Branning will announce the formal sentence at a hearing in the next 30 to 45 days.

Branning said it's prudent to schedule a Spencer hearing for Desmaret. He asked both sides to weigh in on whether they want to proceed, allowing Desmaret to appeal the sentence directly to Branning.

During a Spencer hearing, a judge hears arguments and witness statements ahead of a sentencing.

Jobbers-Miller was shot after responding to a report of a stolen cellphone. Desmaret ran as Jobbers-Miller pursued him. After a scuffle, Desmaret shot the officer twice in the head with Jobbers-Miller's gun.

The same jury had found Desmaret guilty on eight counts in the slaying: first-degree murder of a law enforcement officer; resisting an officer with violence; robbery; depriving an officer of their means of protection or communication; attempted first-degree murder of a law enforcement officer; aggravated assault on a law enforcement officer; burglary of a conveyance; grand theft; and aggravated assault on an officer, firefighter or EMT.

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The 12-member jury was sequestered Thursday evening after four hours of deliberation in the penalty phase of the trial. They resumed deliberations Friday morning for a little more than 2 hours.

State addressed five aggravating factors

As prosecuting attorney Amira Fox escorted the Jobbers-Miller family from the courthouse, she did not answer questions about the recommendation of life in prison. As State Attorney, 20th Judicial Circuit, her office had pursued the death penalty, and, upon summary, had said Thursday that the the prosecution proved he deserved 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.

Desmaret maintained his innocence

Thursday, Desmaret continued to question how jurors found him guilty of burglary and theft and added he didn’t break the law 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 and claimed he was the target.

"I never planned to kill nobody that day," Desmaret said.

Attorneys react to decision

"It’s a difficult case and they certainly took their time deliberating," Hollander said during a press conference held outside the courtroom Friday.

Hollander said some difficulties extended deliberations.

"Well, I think the jurors realized that there was some mental health issues … Not as much as we discussed in the courtroom, but they recognized it," Hollander said. "Even though they found that the aggravating factors were there, they also found that whatever happened did not require a death penalty."

Hollander said he wasn’t surprised with the verdict.

"I'm not surprised, but it could have gone either way," Hollander said.

However, Hollander said he was afraid the pendulum could’ve swung either way.

"He told the judge he was hearing voices, which obviously made my job a whole lot harder, because he was listening to God, not me," Hollander said. "We just have a constant conflict."

The State Attorney's Office wasn't immediately available for comment.

"Law enforcement risk their lives every single day to uphold their oath to preserve, protect, and serve," State Attorney Amira Fox, who prosecuted the case, wrote in statement. "Officer Adam Jobbers-Miller was doing just that when his life was ended by the defendant. I hope his family, friends and law enforcement family will find some sense of peace knowing the defendant will spend the rest of his life behind bars."

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: Fort Myers police officer murder: Jury recommends life without parole