By Ashley Kelefas A few days ago, Whitney Newsome was arrested
after being a accused of a double homicide in Ybor Heights. Given what we know, In the representation of Mr. Newsome, I would first determine whether a motion to suppress is appropriate. If Mr. Newsome was searched or questioned incident to his arrest, and that search or questioning yielded anything incriminating, I would challenge the legality of the arrest. If the motion were to be successful, any physical evidence found on Mr. Newsome’s person, as well as any incriminating statements he may have made to law enforcement, could not be used against him in trial. Case law is clear in Florida that mere proximity to the scene of a crime is insufficient probable cause to arrest someone on suspicion of that crime.
For these facts, our defense would be identity. In preparation for trial, I would take a deposition of the third person who was allegedly shot at, as they would be the only person able to identify Mr. Newsome as the shooter. I would uncover any potential biases she may have that could cause her to be dishonest, whether she is a credible witness, and whether she actually had a meaningful opportunity to see and identify the shooter. Ultimately, it will be difficult for the prosecution to prove that Mr. Newcome committed this crime. He was found two miles away from the scene in East Tampa, a highly populated and urban area of Florida. The murder weapon was not found on or near him, but also two miles away. It does not appear that there is any DNA connecting him to the firearm. The crux of the prosecution’s case would fall on the living witnesses’ testimony, testimony that could be successfully attacked by an experienced defense attorney. If you or your loved one are being accused of committing a crime, you should consult with one of our Criminal Defense Attorneys, don’t hesitate to call us at
352-WIN-4YOU We are available 24/7 and we offer payment plans.
