FORT MYERS, Fla. — During the penalty phase for the murder trial of Fort Myers' Police Officer Adam Jobbers-Miller, the jury had to be sequestered after three hours of deliberating if they would recommend that Wisner Desmaret should be sentenced to death.
Before the jury's deliberation, the state and the defense both gave their closing arguments on what they felt should be the sentence.
The jury started to deliberate around 3:00 p.m. Thursday afternoon—this comes a day after they found Desmaret guilty of a violent rampage that ended in 29-year-old (FMPD) Adam Jobbers-Miller being shot execution-style with his own gun.
Desmaret is now a convicted officer killer and his mental health became the key discussion during day one of the penalty phase.
He told the court he has been prescribed medication for paranoia. Defense Attorney Lee Hollander, who was appointed by the court to provide legal advice told the court before the killing of Officer Jobbers-Miller Desmaret was released by a mental hospital.
“Were you receiving treatment?” asked Judge Robert Branning.
“I was, but the medicine they gave me — I’m used to it. I’ve been going through it since I was young. I went learned how to cope with it,” Desmaret responded.
"Are you on it now?" Judge Branning asked.
“Not I don’t take no meds," Desmaret responded.
This sparked State Attorney Amria Fox to pressure Desmaret about taking his medication after being released from a mental hospital. She questioned Desmaret why wasn't he taking the medication if he was prescribed to do so. Desmaret responded that he was only provided the medication while he was in the hospital.
Before the jury went to go deliberate, the state called the man who raised Officer Jobbers-Miller to the stand. David Miller is the young officer's uncle but took over guardianship when the officer's mom died.
“The personal loss was a lot for the family," Miller said. "It's not the same anymore as far as holidays and birthdays. When he was born he was premature, he was drug addicted, and he was HIV positive.”
Miller explained to the court how the late officer had a troubled start in life but found peace after becoming a First Responder. Officer Jobbers-Miller started serving at the age of 18 when he went to a fire academy to become an EMT. He became a Fort Myers Police Officer at the age of 26 and three years later Desmaret killed him with his own gun in the line of duty.
In a surreal moment in court, Desmaret still acting as his own lawyer questioned Officer Jobbers-Miller's uncle. Desmaret questioned Miller about the officer being born premature, HIV positive, and a drug addict. Miller responded that he was, but before the discussion could continue the state objected.
"Did he have violent acts?" Desmaret asked.
Miller responded, "No he didn't."
Judge Branning offered Desmaret to have his family speak on his behalf regarding his mental state multiple times, but Desmaret declined to say only he wants to speak on his experience.
During deliberation, one juror sent a letter to the court stating that she could not vote against her conscience when it comes to the death penalty. No further details were given about her thought, but the jury continued to deliberate and a decision was not made.
The jury was sent to a hotel and was told to return to court on Friday to continue deliberation.
The jury's decision is only a recommendation. Only the court can decide if Desmaret will be sentenced to death.
