DOWNTOWN FORT MYERS, Fla. — More than eight years after the deadly mass shooting at a Fort Myers nightclub, the suspects are still waiting to go to trial, and it could be a while.
Derrick Church, Demetrius O'Neal, Tajze Battle and Don Loggins are accused of killing two teens and hurting 14 people in 2016 at Club Blu. One suspect has already been convicted and sentenced to life in prison.
WATCH BELOW TO SEE WHAT HAPPENED IN COURT:
On Thursday in court, the attorneys for the suspects appeared - only Loggins had to come in front of a judge.
Derrick Church:
His attorney says there was an issue with evidence in a cell phone - what's known as discovery. The phone is still being examined.
The attorney asked for more time due to depositions and people not showing up. Depositions are witness testimonies and questioning by both sides.
The State Attorney's Office says it has more than 500 witnesses on its list, though some are now deceased.
Judge Nick Thompson acknowledged how long this case is taking.
“At some point though, cases have to be resolved," he said.
Assistant State Attorney Sara Miller suggested to come back in January, schedule more depositions and talk about a potential trial date.
Miller says each trial will take about three weeks and they are going to be separate.
Church's next court date is Jan. 23 at 9 a.m.
That is when a trial date is expected to be announced.
Demetrius O'Neal:
This court hearing turned into a heated debate between O'Neal attorney and Miller over a cell phone.
His attorney claims they are waiting for cell phones so they can have their experts look at it.
The attorney claims the State Attorney's Office is being disingenuous when it comes to turning over the cell phones. She claims they have been trying to get the phone and was told it would be today.
Both the attorney and prosecutors cut each other off more than once during this hearing over the phone.
Miller stated the phone was downloaded, though not fully due to the available technology in 2016.
She says the FBI responded this morning and Quantico approved the re-download of the files, but it could take about a month.
O'Neal's next court date is Jan. 23 at 9 a.m.
Tajze Battle:
Battle has a new attorney, and is waiting for discovery.
Due to a new lawyer, this could add to a trial delay.
Battle's next court date is Jan. 23 at 9 a.m.
Don Loggins:
There is witness testimony scheduled for Friday.
His attorney says they want to have a trial at the end of January or March, but no date has been set.
Loggins's next court date is Jan. 23 at 9 a.m.
