UPDATE (4/12/23) - Jurors began deliberations in the trial of the man accused of killing Fort Myers Police Officer Adam Jobbers-Miller in the line of duty nearly five years ago.
Closing arguments lasted for about an hour and a half on Wednesday morning.
The jurors were then instructed by the judge on relevant law and the procedures to be used to determine an appropriate verdict in the case as they prepare for deliberations.
During jury selection, Judge Robert Branning said the trial could last about two to three weeks; however, after two days of testimony, both sides rested.
Wisner Desmaret who is the man standing trial and defending himself testified for little more than an hour after the state rested.
Ever since jury selection, Desmaret has been saying he wants to see proof of how his DNA is tied to the gun that prosecutors said was used to shoot Officer Jobbers-Miller in the head.
Before prosecutors rested their case, the man who tested the gun for DNA, Daniel Baker testified and said Desmaret was one of the three people's DNA that was on the gun.
"Wisner Desmaret is included as a possible contributor in the mix DNA profile," Baker said.
Baker never said Desmaret was an exact match but did say that based on a swab from Desmaret he was a possible match as one of the traces that was found.
“How is it three donors on one gun? Someone was playing hot potato with the gun," Desmaret said to Baker during cross-questioning.
During opening statements, prosecutors said the fight between Desmaret and three other men is what
started the chain of events that led to 29-year-old Officer Jobbers-Miller being killed.
During Desmaret's hour-long testimony, he said he was defending himself and felt that he was being followed and that the men and FMPD wanted to kill him.
Assistant State Attorney Andreas Gardiner fired back questioning Desmaret about his former boxing training by FMPD's Pal program and if the officers were threatening Desmaret.
“Even after you heard the one gentleman from the Camaro say ‘kill him' you didn't see or hear any of the officers shoot you at that time correct," Assistant State Attorney Andreas Gardiner asked.
“What I can tell you is I saw movement and there was an officer who already had his hand on his gun," Desmaret responded.
“Did the officer shoot you at that point," Attorney Gardiner asked.
"He didn’t shoot me but he made a gesture because you don’t go making a murder scene like that," Desmaret responded.
Original Reporting
Opening statements and testimonies started Monday for the trial of the killing of Fort Myers Police Officer (FMPD) Adam Jobbers-Miller.
The 29-year-old officer was shot in the head with his own gun nearly five years ago.
Wisner Desmaret, acting as his own attorney, is standing trial for the killing; if convicted, he could face the death penalty.
During opening statements, Desmaret never denied shooting Officer Jobbers-Miller, instead, he kept saying he feared for his life. However, multiple witnesses said that on the night of the shooting, Desmaret repeatedly said that he shot the young officer and was proud.
"I wasn't supposed to be somebody that lived that night, to be able to tell what really happened and what's showing on the camera," Desmaret said during opening statements. The jury consisting of six women and ten men, two Blacks and fourteen Whites, sat and listened.
Assistant State Attorney Andreas Gardiner said a fight involving Desmaret and three other men is what set everything in motion resulting in the shooting of Officer Jobbers-Miller.
"We ask you to take all that information and put it together and what we are going to ask you to do is render the only verdict that's important by the evidence in this case and that's the verdict of guilty," said Attorney Gardiner.
The State Attorney's office played the body camera footage from the shooting in court Monday.
"Stay with me buddy, stay with me…stay with me," cried FMPD Lieutenant Peter Tarman. "Help is on the way."
In the video, you can hear Lt. Tarman begging for Officer Jobbers-Miller to stay with him moments after prosecutors said Desmaret shot him after a chase.
The beginning of the video showed Desmaret lying on the wet ground, refusing to get up after the officers asked him to. "We're not going to shoot you, but you are on the floor — you don't have to be on the wet floor," said one of the officers.
The officers tried continued to try and get Desmaret up but he kept saying he feared for his life and that the officers were trying to kill him.
"Everything that happened on this evening began with Mr. Desmaret going to three young men and asking where their gun is," said Attorney Gardiner.
During opening statements, Attorney Gardiner emphasized that the shooting all started with a fight between Desmaret and three other men including Roderick Nance.
"Why was y'all following me," Desmaret asked Nance.
"I don't know you," Nace responded.
Nance was called to the stand by the state and testified about the fight. In court, Desmaret asked why the group was following him at different gas stations. Nance told Desmaret they never went to another gas station, they were just getting back from Wendy's.
"That wasn't ya'll's car," Desmaret asked.
"No," Nance responded.
Fox 4's Briana Brownlee spoke with standby counsel Lee Hollander during a recess. He said it's difficult having to sit on the sidelines and not help.
