Motion again denied to change trial site for suspect in 2018 killing of FMPD officer

More than four years after a Fort Myers police officer was killed while on duty, the man accused in the fatal shooting will go to trial in less than two weeks.

Judge Robert J. Branning on Thursday reserved ruling for a change to venue motion for Wisner Desmaret, accused in the 2018 fatal shooting of Fort Myers Police Officer Adam Jobbers-Miller, for the second such request in less than a month.

A written order will follow.

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At least five relatives of Desmaret sat in the courtroom Thursday as Branning called the motion premature and proceeded with the case as the trial date looms closer.

Desmaret, 33, sought to move his case from Southwest Florida, arguing that local media coverage would prevent him from receiving a fair trial.

As Desmaret was escorted into the courtroom, five deputies made their way there, compared to two during previous motions heard Thursday.

"After Defendant’s arrest, the case began to receive media attention. The overwhelming majority of the coverage has been extremely negative for Defendant and has included details of his arrests and prior record," an attorney for Desmaret wrote in a July 11 motion. "Defendant cannot receive a fair trial by an impartial jury in Lee or Collier County because of the extensive, inflammatory, and prejudicial pretrial publicity in the case."

Desmaret, who Branning threatened to expel from the courtroom citing misconduct, called his defense attorney Andrew Crawford a "snake" and said somebody had told him he'd have a fair trial if he signed the motion paperwork.

"I don't know what's going on," Desmaret said.

Crawford cited media coverage, including Desmaret's previous arrests, as a factor in the change of venue request.

He said 26% of responding potential jurors in the case have cited knowledge through media coverage.

In numbers, Crawford wrote in his motion those statistics translate to 119 potential jurors acknowledging having a formed opinion with an additional 77 potential jurors having only read about the case, Branning said Thursday.

When it was the state's turn, Assistant State Attorney Andreas Gardiner said news coverage had been "straight to the facts," regarding the amended change of venue.

Gardiner cited four arguments, including that nothing prejudicial was inflammatory; whether coverage itself was inflammatory; and highlighted an increase in population based on the census since some of the stories were first reported.

The court denied another similar change July 21.

Desmaret is scheduled for a motions hearing Wednesday.

Desmaret is accused of killing Jobbers-Miller on July 21, 2018. Jobbers-Miller was pursuing Desmaret for the alleged theft of a cell phone when Desmaret grabbed the officer's gun during a scuffle and shot him, according to police.

Since he's been incarcerated at Naples Jail Center, Desmaret has been charged with striking inmates at least four times. The last of those incidents happened Aug. 9.

Desmaret faces several charges including first-degree murder, attempted murder of a second Fort Myers police officer, resisting an officer with violence, robbery, depriving an officer of his means of protection, aggravated assault on a law enforcement officer, burglary of a conveyance and grand theft.

Last year, Crawford indicated he would pursue an insanity defense.

Desmaret has been held in jail since his arrest in 2018 and faces the death penalty if convicted. His trial could begin as soon as Sept. 6, according to court documents filed earlier this month.

Jobbers-Miller, 29, was a two-year veteran of the Fort Myers force when he was killed. Before moving to Florida to pursue a career as a police officer, Jobbers-Miller worked as a volunteer firefighter in Wayne, New Jersey.

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. Follow him on Twitter @TomasFRoBeltran.

This article originally appeared on Fort Myers News-Press: Man accused of killing FMPD officer in 2018 heads to trial Sept. 6