Trial in 2018 Fort Myers officer's death heads to jury; Desmaret maintains self-defense

A man accused of fatally shooting a Fort Myers Police officer nearly five years ago claimed self-defense as contrary evidence appears to show an aggressive Wisner Desmaret threatening to kill officers, witnesses and the believed victims.

Patrolman Adam Jobbers-Miller, 29, had served at the Fort Myers Police Department for just under three years, when he responded to a call and was fatally shot July 29, 2018.

The jury began deliberations Wednesday afternoon. If found guilty of first-degree murder, the penalty phase would begin Thursday morning.

Desmaret, 34, of Fort Myers, faces eight charges linked to Jobbers-Miller's death and has represented himself during the three-day trial. The most serious charge is a capital offense, which means he may face the death penalty if convicted.

Jobbers-Miller was pursuing Desmaret, accused of stealing a cellphone, when Desmaret grabbed his gun and shot him. Jobbers-Miller died days later from his injuries.

As closing arguments began Wednesday morning, he again reiterated his stance on representing himself. Lee Circuit Judge Robert J. Branning, who is presiding over the trial, again offered to appoint a defense attorney. Lawyer Lee Hollander remained seated as standby counsel, but didn't intervene.

Branning then asked for courtesy on both sides.

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"Any improper argument will not be tolerated," Branning cautioned, as Desmaret again challenged the charges against him, claiming he killed the Jobbers-Miller in self-defense.

"You were charged by indictment," Branning said.

Closing arguments centered around footage

State Attorney Amira Fox began presenting for the prosecution.

Fox recapped the eight charges Desmaret faced — 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.

Fox said Jobbers-Miller on July 21, 2018, put on his uniform, strapped his gun and headed to work. She said Desmaret started the chain of events that ended in the officer's death.

"He outright attacks those men at the gas station while they attempt to fight him off," Fox said, adding that Desmaret was the attacker that day at a nearby Marathon gas station on Dr. Martin Luther King Jr. Boulevard. He attacked three men and stole one of their cellphones, prompting the police chase, evidence indicates.

Fox said it was only the beginning of Desmaret's aggressive behavior that evening.

She reviewed the footage shown during previous testimony, that led to Jobbers-Miller's shooting. Moments prior to the fatal shots, Desmaret lay on the ground asking officers not to shoot, the video shows.

The video further showed he refused to get up until the three men he stole the cellphone from arrived in a car searching for the cellphone.

"He lunges for that car door making the officers react," Fox said of the footage. "Aggression over and over."

Fox said more aggression and attack unfolded on Jobbers-Miller. The attack began shortly after the men arrived.

"The defendant gets on top of officer Jobbers-Miller," Fox said. "He takes his gun."

Fox said Desmaret executed Jobbers-Miller.

"Adam had no chance of survival from that execution-style wound," Fox said. He was shot twice in the head.

Fox said Desmaret also wanted to "take out" Lt. Peter Tarman, who had responded with Sgt. Matthew Zarillo and Jobbers-Milller.

She added Desmaret pointed the firearm at Tarman.

Zarillo, who was yards away, heard "shots fired" and "officer down," prompting him to head to the scene, Fox said. Desmaret later pointed the firearm at Zarillo.

"Desmaret has put wild stories about why all this occurred," Fox said.

She later referenced his emotions at the hospital, when he said he'd shoot an officer again days later, according to the footage shown in court.

"He was proud. He wasn’t scared," Fox said. "He wanted to kill a cop, and he was proud that he did."

As Fox opened up the video, Desmaret asked for the volume to be played at 100% "for everyone to hear."

"His DNA is on the gun," Fox said. "Adam’s own gun that he used to kill Adam."

As Fox presented the evidence, Desmaret stared down at the paper with his charges.

"Shooting them in the head instead of leaving is premeditation," Fox said as she asked jurors to find Desmaret guilty of premeditated first-degree murder. She added that he also premeditated the attempted murder of Tarman.

"Let’s shoot it out, [redacted]," Desmaret said as he attempted to strike Tarman.

She reiterated Desmaret pointed the weapon at two officers after critically injuring Jobbers-Miller.

"This defendant is on a rampage to do violence that night," Fox said.

The last attempt at mounting a defense

"The state is making everything up," Desmaret said.

Desmaret started his closing argument by asking Branning if he "could put things on the screen," referring to his probable cause affidavit.

Branning denied introducing the paperwork as evidence at that point. Desmaret in response alleged none of the fingerprints on the firearm were his.

"People were chasing me the whole day trying to hurt me," Desmaret said.

Desmaret said he didn't attack the clerk and patrons at the Marathon gas station when he walked in carrying Jobbers-Miller's firearm.

He added a white car had been chasing him, alleging Fort Myers Police officers were driving the same car by his mother’s house in the run-up to the events.

Desmaret said he was afraid the men in the car would shoot him and that he saw a gun in the car.

He later said one of the men told officers to shoot Desmaret when they arrived on scene.

Desmaret said he never intended to kill anyone, and that he ran fearing for his life.

He alleged someone asked him if he wanted to be a suspect of homicide, adding that’s when he took off running moments before shooting Jobbers-Miller in the head.

Arguing fear for his life, Desmaret said he ran toward Interstate 75 in fear, adding a second officer didn’t chase him.

Desmaret said Jobbers-Miller asked him if he wanted to be a murder suspect and claimed Jobbers-Miller had two weapons — one legal, the other illegal.

He emphasized he ran when he heard a gun holster "popping."

As he continued presenting his case, Desmaret asked Branning to replay the video louder for everyone to hear, “even the reporters." Branning said only jurors needed to hear the evidence.

"I’m not the smartest man in the world, but I’m not the slowest man in the world," Desmaret said of the video showing the moment he fled from officers.

Desmaret said someone laying on the ground is not someone aggressive, compared to the man who stepped outside his car, searching for the cellphone Desmaret stole.

He alleged the men in the car were affiliated with law enforcement.

"Years and years of watching TV, I ain’t seen none of that," Desmaret said of the men's behavior. He alleged they had five or six cellphones.

Desmaret then asked jurors why he didn’t take the weapon “right there” and had to run down the street before a gun was taken.

He said Jobbers-Miller "wasn’t even close" to him when his gun was taken.

Desmaret said he ran when he heard Jobbers-Miller allegedly say "to get ready to call EMS," saying he feared for his life.

"I didn’t have no premeditated murder on my mind," Desmaret said. "I didn’t have no plans to hurt nobody that day."

Desmaret said witnesses' versions didn't match.

"All I’ve seen on the scene was somebody in fear," Desmaret said.

The state's rebuttal

Assistant State Attorney Andreas Gardiner, who aidedFox with the prosecution, said Desmaret started and ended it all as he presented the rebuttal for the state.

"Between stimulus and response there’s space," Gardiner said. "In that space, there’s one’s space to choose."

Gardiner referenced Desmaret said at the hospital he'd "do it all again."

"He was the threat, and he was reacting to what he was creating," Gardiner said.

Gardiner said that's not fear.

"Fear runs. Fear hides," Gardiner said. "Fear seeks help."

Gardiner told jurors there’s not a set timeframe for premeditated murder and addressed the positioning of Desmaret's feet when he lunged toward Jobbers-Miller.

"It all began and ended with Mr. Desmaret," Gardiner 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: Wisner Desmaret maintains innocence in Fort Myers officer slaying