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Too early to determine if death penalty will be sought against accused cop killer

Posted at 6:59 PM, Jul 30, 2018
and last updated 2018-07-30 18:59:30-04

It may take a couple weeks before new charges are brought against Wisner Desmaret.  

He’s accused of shooting Ft. Myers Police Officer Adam Jobbers-Miller on July 21st.  Jobbers Miller died from his injuries on July 28th.

"When there is a law enforcement officer that's killed in the line of duty, by a defendant, you are going to see the death penalty on the table most of the time,” said Ft. Myers defense attorney Scot Goldberg.

Goldberg is not working on the Desmaret case.

Spokesperson for the 20th Judicial Circuit Samantha Syoen says a grand jury is being impaneled and will issue an indictment when it completes its work.  She said it’s too early to determine if the death penalty will be sought against Desmaret.

Goldberg, a former prosecutor, says in Florida, felony murder charges almost always come from a grand jury.  As of now Desmaret is only facing allegations from FMPD that he shot Officer Jobbers-Miller.

"People get killed in Florida almost everyday, but when you kill a first responder, those are the people we're sending out to the front lines to protect us, when you do that, there is another level of complexity,” said Goldberg.

Goldberg thinks Desmaret will eventually be charged with murder, and when he is, his lawyers will be fighting to keep him off death row.

"Justice under these circumstances usually comes with the loss of life, an eye for an eye."

Immigration Customs Enforcement placed a detainer on Desmaret, claiming he entered the country illegally.