Sarasota judge to decide if new witness in Leon Avenue shooting warrants new trial

Sarasota Judge Donna Padar heard a new trial motion Friday, roughly six months after Tydarian Moore's defense counsel filed the motion following a guilty verdict and a new witness stepped forward after reading about it in the Sarasota Herald-Tribune.

In a three-and-a-half-hour hearing, the judge heard arguments from both sides, with Moore's attorney Andrew Hibbert presenting the new witness for questioning and Assistant State Attorney Karen Fraivillig presenting eight to nine exhibits, including two jail phone calls.

Padar did not make a decision, opting to set a case management hearing at a later date to allow time to review the evidence presented.

Moore, 30, was found guilty of manslaughter with a firearm and possession of a firearm by a convicted felon in September 2022 in the death of Antonio Wright following a five-day trial in which Tiffany Willis, Wright's girlfriend and the prosecution's only eyewitness, described what happened on Sept. 17, 2020. The six-person jury took a little over three hours to deliberate before returning back with a verdict.

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After reading a Sarasota Herald-Tribune article about Tydarian Moore's trial, Markus Kajuan Jackson, 36, contacted Hibbert and said he had witnessed the shooting and wished to testify.

Hibbert filed the motion less than two weeks after the trial concluded, stating in the motion that if Jackson's testimony is allowed, it could lead to a different outcome in a jury trial. In response, Fraivillig told the Herald-Tribune it remained to be seen if the court would grant a new trial based on what this new witness could say since no details of his account were listed in the motion.

On Friday, Jackson described the scene he witnessed while standing outside his sister's Leon Avenue home while smoking a cigarette. He said he saw Moore drive up with his car, get out of the vehicle and another vehicle came rushing behind him. The second car jumped the curb and drove straight into Moore, pinning him against a house.

Jackson, who's lived in Sarasota his whole life and knows the individuals involved in the case, said he was looking at Moore as he was screaming for help and pulling at his trapped pants leg when he heard the gunshots. He told the judge he hadn't seen Moore pull out a gun and wasn't sure where the gunshots came from.

Following the shooting, Jackson told his sister to stay inside with her kids and left the scene to go get food.

When asked why he hadn't told detectives what he'd seen right after the shooting, he said it wasn't his business to talk to anyone. He hadn't been the only individual to stay quiet when approached by police during their investigation, according to Detective Maria Llovio's responses. Llovio said that when Sarasota Police Department officers first arrived at the scene, there had been 20 or 30 people there but many refused to talk to police, including another eyewitness who had choice words for detectives.

Jackson said he stepped forward following Moore's conviction because he felt it was an unfair verdict and he wanted to help.

"It’s wrong you know," Jackson said. "I’d go to court for anyone.”

Fraivillig's line of questioning towards Jackson and two detectives who worked the case focused on Jackson's criminal history, which includes 13 felony charges, and his relationship with Hibbert, who represented Jackson on two cases including one in August 2020.

When Fraivillig called Llovio to the stand, Llovio said when she'd heard Jackson had come forward, she began searching SPD's database to see if she could find a connection between Moore and Jackson, as well as speaking with other detectives who had dealt with Jackson during other investigations. Llovio said she found texts between Moore and Jackson which included Moore asking Jackson for Wright's number prior to the Sept. 17 shooting and a call 22 minutes after that shooting from Moore to Jackson.

When asked by Hibbert why Llovio hadn't spoken to Jackson after he'd stepped forward, she said she assumed Hibbert wouldn't let her speak with Jackson or that Hibbert would think she was tampering with the witness.

If there was any truth in what Jackson was saying, he’d have reached out to police first and not Hibbert, Llovio said.

Fraivillig also played two jail calls between Moore and his mother which took place right after his trial concluded. During those calls, Moore's mother says someone named "Marcus" said he'll give Moore $100 while in jail and that if Moore's family needs anything, to come to see him. Llovio said she believed the "Marcus" named in the call was Markus Kajuan Jackson.

Gabriela Szymanowska covers the legal system for the Herald-Tribune in partnership with Report for America. You can support her work with a tax-deductible donation to Report for America. Contact Gabriela Szymanowska at gszymanowska@gannett.com, or on Twitter.

This article originally appeared on Sarasota Herald-Tribune: Sarasota judge weighs request for new trial in Leon Avenue shooting