Trial for man accused of fatally shooting FMPD officer could start next week: What to know
The long-awaited trial for a man accused of fatally shooting a Fort Myers police officer nearly five years ago could begin as early as next week.
Wisner Desmaret, 33, is accused of killing Adam Jobbers-Miller along Martin Luther King Jr. Boulevard in Fort Myers on July 21, 2018.
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Jobbers-Miller, 29, was a two-year veteran of the Fort Myers force. Before moving to Florida to pursue a career as a police officer, Jobbers-Miller worked as a volunteer firefighter in Wayne, New Jersey.
Desmaret has a trial call slated 1 p.m. Thursday that will decide whether the trial begins next week. Here are some key things to know:
What happened in 2018?
Jobbers-Miller was pursuing Desmaret for the alleged theft of a cell phone when Desmaret grabbed the officer's 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, eight days after he was taken to Lee Memorial Hospital — the same hospital Jobbers-Miller was taken.
What charges does Desmaret face?
Desmaret faces 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.
Is Desmaret competent to stand trial?
Desmaret had been released from the Sarasota County Jail on July 19, 2018, two days before the Fort Myers shooting, with his mental health repeatedly questioned by authorities.
The Lee County courts have twice cleared Desmaret as competent to stand trial, after weeks-long investigations.
What charges and penalties could Desmaret face?
With first-degree murder among other charges, he faces a possible death penalty upon conviction.
Lee Circuit Judge Robert J. Branning made certain to distinguish a newer mental health review determined his ability to represent himself, or, in legal terms "pro se," after he called his former defense attorney Andrew Crawford a "snake" and asked for the court to remove him from Desmaret's case.
The judge last September pointed out that on at least two prior occasions Desmaret had requested to defend himself, as is his right. A court-ordered review in 2022 determined Desmaret could defend himself.
Who will represent Desmaret?
Desmaret has challenged the court multiple times, asking the court to fire his court-appointed attorneys at least twice. Public defender Andrew Crawford represented him through September.
Then, public defender Lee Hollander represented Desmaret through November, when Desmaret requested the judge remove him. Desmaret was then referred to a psychiatrist to determine that he understood the charges and is capable of defending himself.
He filed a motion to discontinue public defender Lee Hollander's representation in his case.
Lee Circuit Judge Robert Branning granted that motion Nov. 1, 2022, court records indicate.
Court records indicate he doesn't have an attorney assigned.
Did media coverage affect Desmaret's case?
During his tenure as Desmaret's attorney in the case, Crawford cited media coverage, including Desmaret's previous arrests, as a factor in a change of venue request.
Branning on Aug. 25 reserved ruling for a change to venue motion, deeming it premature.
Desmaret sought to move his case from Southwest Florida, arguing that local media coverage would prevent him from receiving a fair trial. The court denied another similar change July 21, 2022.
Where's Desmaret jailed?
He spent most of the past four years at the Collier County Jail in Naples "as a cautionary move," transported to Lee County for key court dates. He had soon relocated to Collier County after his arrest, in August 2018.
He was housed there due to the nature of the crime, Lee County Sheriff Carmine Marceno said at the time, adding that they wanted to prevent allegations against them.
Desmaret returned to the Lee County Jail in Fort Myers since Aug. 25, 2022, according to the Collier County Sheriff's Office, where he had easier access to his then-lawyer and mental health experts.
When he was incarcerated at Naples Jail Center, Desmaret had been charged with striking inmates at least four times. The last of those incidents happened Aug. 9, 2022.
In Collier County, Desmaret has at least three active battery cases — the first against an authority and the latter against fellow inmates. He has May 18 case management conferences scheduled for all three cases.
How long could Desmaret's trial last?
Sara Miles, spokesperson for the 20th Judicial Circuit, said the trial could extend through late April. It's expected to begin 9:30 a.m. Monday.
Jury selection could take several days.
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 Myer Police officer killing trial set to begin Monday in 2028 case
