"Mr. Desmaret's DNA was on that gun:" Trial begins in case of FMPD officer killing
A Fort Myers man accused of fatally shooting Fort Myers Police officer Adam Jobbers-Miller nearly five years ago challenged the court and witnesses Monday during the first day of testimony at his capital murder trial.
Wisner Desmaret, 34, walked into the courtroom about 9:45 a.m. as he prepared to hear the state’s opening arguments in the case.
Desmaret stared back at a full courtroom as Lee Circuit Judge Robert Branning asked him one more time if he wanted to proceed without an attorney.
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Desmaret said he wanted to defend himself in the trial. Branning said if he changes his mind throughout trial he can appoint Lee Hollander anytime.
"He has years of training and is capable of doing so," Branning said of Hollander, who serves as standby counsel for Desmaret.
Desmaret is accused of killing Jobbers-Miller along Martin Luther King Jr. Boulevard, in Fort Myers, on July 21, 2018.
Jobbers-Miller, 29, had served at the Fort Myers Police Department for just under three years.
Jobbers-Miller was pursuing Desmaret, accused of stealing a cellphone, when Desmaret grabbed his gun and shot him, according to police. Jobbers-Miller died days later from his injuries.
Also shot and injured, Desmaret was arrested July 29, 2018, upon his release from Lee Memorial Hospital.
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. The murder charge is a capital offense.
Assistant State Attorney Andreas Gardiner and State Attorney Amira Fox are prosecuting the case. Gardiner gave opening arguments Monday.
"Everything that happened on this evening began with Desmaret accosting three men and asking where their gun was," Gardiner said. "It ended with Adam Jobbers-Miller dead."
Gardiner told jurors Desmaret attempted to lunge into a car, looking for a gun, when the initial confrontation happened on July 21, 2018. Desmaret managed to fight off three men who were in in the car.
Desmaret grabbed a cellphone and fled.
When Desmaret fled, Jobbers-Miller chased him. Desmaret then lunged toward Jobbers-Miller and grabbed his gun.
He shot Jobbers-Miller in the head.
Gardiner told jurors Desmaret then opened fire on two other officers.
"You’re going to hear how the investigation ensued," Gardiner said. He warned jurors they would see all the videos, including the footage that shows Jobbers-Miller being shot, and photos taken during Jobbers-Miller's autopsy.
"What you’re going to learn is that Mr. Desmaret’s DNA was on that gun," Gardiner said.
As Gardiner wrapped up, Desmaret began to read through notes he carried with him into the courtroom.
When it was Desmaret's turn for an opening argument, he reiterated he was in fear for his life, which led to the fatal shooting.
"Before that happened I was at my mom’s house and a bunch of cars were following me wherever I went," Desmaret said.
Desmaret alleged former Lee County Sheriff Mike Scott was parked behind his house, adding he tried to kidnap him when he was released from jail in Sarasota.
"One of the officers said you better leave out of town," Desmaret said.
Branning interrupted and asked if his opening statement was tied to the Jobbers-Miller slaying.
"I’ll do whatever it takes to save my life," Desmaret said.
He added he'd do the same if the courtroom came for him.
"I’m going to ask that your opening statement deal with the day in question," Branning said.
Desmaret replied that as soon as he left his mother's place three cars started following him.
"This is not the appropriate time to give your entire version of the events," Branning said.
Desmaret said two cars were parked down the street from his mother's place, alleging two Fort Myers Police officers sat in the cars.
"Everybody know who Mike Scott is," Desmaret said, adding a lot of people would do what the former sheriff said.
Desmaret said he was in defense mode that day, leading him to ask where the fire was, referring to a gun.
Desmaret said the video would show everything, his tone raised. He said officers were going to shoot him.
Gardiner attempted to stop Desmaret’s statement, but Branning denied the request.
First witnesses testify
At least three involved officers, as well as civilians, testified during the first day of the trial.
Evidence provided to jurors included the video of a cellphone burglary leading up to the shooting and the footage of the slaying.
"I want everyone to see the video," Desmaret said in response to whether he objected to submission of the footage of the initial confrontation, which was at a Fort Myers gas station.
Throughout the day, Desmaret had remarks as footage was shown to jurors. Branning reiterated they didn’t require comment several times.
Desmaret more than once said officers didn't read his Miranda Rights at the time of his arrest.
"Mr. Desmaret, this does not require comment by you at this time," Branning said.
Desmaret asked if the video could be watched again. Branning didn’t answer.
One of the men he fought testified Desmaret was at a nearby Marathon gas station, drinking what appeared to be an alcoholic beverage. The Marathon gas station clerk later testified Desmaret ran into the store.
Fort Myers Police Lt. Peter Tarman testified that officers responded to a call for service at the gas station.
As he testified, the state submitted two photos of Jobbers-Miller into evidence — one of them from after he died.
When Desmaret looked at the separate photos, he said they didn’t look like the same person.
Fox asked him why officers didn’t handcuff Desmaret initially. Tarman said at the point it was just a preliminary investigation.
Officer Brittany Johnson, who drove Jobbers-Miller to Lee Memorial Hospital, said she received a call for a fallen officer as she was about to respond to a different scene.
Johnson said she tried to engage in conversation with Jobbers-Miller as he lay on the backseat.
Fort Myers Police Sgt. Matthew Zarillo testified that two other officers were on scene when he arrived. Zarillo said he recognized Desmaret as the man who shot at officers.
"I feel like the cops have been trying to kill me," Desmaret said.
Sara Miles, spokesperson for the 20th Judicial Circuit, said the trial could extend through late April.
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 Naples Daily News: Trial in slaying of Fort Myers police's Adam Jobbers-Miller begins
