Four men convicted of killing Jacksonville rapper Foolio sentenced to life in prison

[00:00:00] Speaker 1: Is everybody present? Looks like it you guys switch places some of you did so it caught me off guard a little bit so okay but looks like all the defendants are present defense counsels present the state is present all right are both sides ready to proceed forward to sentencing yes okay defense you guys ready yes all right I know a number of you filed post-trial motions so let's go ahead and hear those first all right mr. Gonzalez you can kick it off good [00:00:34] Speaker 2: afternoon your on blind results on behalf of Rashad Murphy your I did file a motion for new trial on behalf of mr. Murphy and without belaboring many many arguments that were already made during the course of the trial and in pretrial motions judge I just for the record would like to just state those grounds under which we would file our motion without making any more extensive argument that has already been made and that the record will clearly reflect essentially judge we would suggest that first and foremost that the verdict rendered against Rashad Murphy strike that judge mr. Murphy would suggest that the court heard and denying several of mr. Murphy's pretrial motions with arguments that extended not only to the pretrial motion dates but also during the course and scope of the trial in interim circumstances and that we're all on the record first of all that would be the motion to suppress mr. Murphy's cell phone secondly the motion to suppress mr. murphy statements next judge the motion for severance of the defendant and in the alternative for separate juries next judge his first motion in limine regarding ghost 187 his second motion in limine and darbert challenged with regard to law enforcement opinion testimony and testimony of alleged gang war history and hearsay based gang intelligence as well as uncharged and unsolved acts of violence next judge mr. murphy's morphy's motion in limine and that's the report of mr. murphy's fourth motion in limine regarding opinion identification testimony as it relates to digital media uh the portions of the portions of mr. murphy's fifth motion in limine regarding irrelevant evidence mr. murphy's sixth motion in limine regarding portions of the robert howard motion in limine and also judge mr. murphy's seventh motion in limine and that the court in limine and that the court also would suggest that the court heard in denying mr. murphy's motion for judgment acquittal both after the state's case and after all of the evidence and then judge of just a cubit of count with regard to the totality of those motions that previously were stated on the the record and finally judge that the weight of the evidence did not appear to support the jury's verdict those would be the uh issues that mr. [00:04:01] Speaker 1: rashad murphy has included in his motion for neutral okay thank you good um state i'll give you a chance to rebut all of the motions once the defendants have made them okay um all right mr. um uh you want to go next mr. wise behalf of mr. gathright yes [00:04:18] Speaker 3: we did not file a motion for the trial i was just asked to adopt the arguments that mr. gonzalez made i know all these issues were litigated um [00:04:28] Speaker 1: yes they were and all of the motions that you filed pre-trial are obviously the court's ruling um your arguments your motions any objections you have were all preserved for the record [00:04:40] Speaker 3: thank you and the only additional filing we've made was a memorandum regarding the motion for judgment of acquittal as to count six which is the tampering charge that was only um charged as to mr. gathright i believe your honor took that under advisement pending the jury's decision i believe that motion is still open so we filed a memorandum briefly laying out the state of the law um the state i believe agreed during the the motion argument during trial that the basis for the tampering charge is the leaving of the car the grandmother's and wiping down the doors um we cited several cases uh that essentially all hold that there there basically are two elements for a tampering you have to there's a removal of the evidence the physical aspect but then there's also the specific intent element which requires evidence that the alleged removal of evidence uh was done with the intent to impair its its rarity or availability in a criminal proceeding and there has been no evidence presented of that element uh at the trial um essentially the evidence we see is that the car is left with the grandmother the grandmother's not told to hide the car anything like that obviously the grandmother drives the car she's pulled over in it the the interior of two of the doors are wiped down and that's it nothing else is wiped down within the car it's not consistent with someone trying to impair any availability obviously there would have been 90 of the car still available to be tested for whatever physical evidence might have been in there i think the evidence is clearly consistent with that wiping down being done because it's being left with his grandmother and it's being done out of courtesy to her and just briefly to cite uh the one one line from the state costanza case and really all the cases we saw are consistent with this but but one line from that is that a defendant's equivocal conduct toward evidence is insufficient to demonstrate the intent necessary for a section 918.13 violation merely discarding evidence from one's person without more does not amount to a violation and that's all that was proven here that allegedly the evidence is discarded so to speak being left with a grandmother but there's no evidence that it's done with any intent to impair its availability um and it's really when you think about it the fact that mr gaffrey even after wiping down the doors gets back in the car and then drives it to the street and parks it clearly clearly inconsistent with trying to you know get rid of any evidence that he used the car so based on that and based on the authorities we cite in the memorandum we would uh renew the motion for judgment of course [00:07:12] Speaker 1: okay thank you all right mr cenardi on behalf of davion murphy [00:07:28] Speaker 4: good afternoon your honor on behalf of davion murphy we have in fact filed a motion for new trial and as previously indicated at the conclusion of all the evidence we will adopt and re-adopt all co-defendants motions that have been heard by the court and ruled on by the court our motion for new trial is based on six different grounds ground number one is denial of the severance of the defendants the court court heard motions to sever defendants and obviously denied that as the case was tried jointly with the other co-defendants and obviously we alleged that uh there was uh the defendants were presented as a uh as a collective group which would have included obviously mr davion murphy and there was that as considerable danger of guilt by association simply because mr davion murphy was tried jointly with the other co-defendants um ground number two in that the court allowed extensive gang profile and gang affiliation evidence the focus of the trial a substantial portion of the trial was predicated on the state's introduction of uh mr murphy's alleged gang affiliation and that became the focus of the trial and by simply uh by alleging that mr murphy was in fact a part or participant in the gang made him guilty by association the third motion excuse me third ground that uh the court previously previously ruled on but we will reallege it and that is detective griffin indicating that mr davion murphy had previously been in prison and the jury clearly heard that court has ruled we'd reallege it as a ground for mistrial and to grant mr davion murphy a new trial we would also allege that the evidence as presented as to davion murphy was contrary uh insufficient or the verdict was contrary to the weight of all the evidence the cumulative effect of the denial of the severance and of co-defendants spontaneous admission deprived mr davion murphy of a fair trial ground number five and proper expert opinion testimony invaded the product province of the jury and that was as to experts testified concerning gang relationships etc which was a large part of the trial and again basically the cumulative error requires a new trial and that would be the extensive gang evidence highly prejudicial social media evidence that was introduced the joint trial spillover and that is that because mr davion murphy was present during the trial with co-defendants there was spillover evidence improper associate association evidence expert testimony and repeated references to gang warfare and retaliatory retaliatory uh violence all of that was in a joint trial we submit that that would be sufficient as cumulative evidence to grant mr davion murphy a new trial [00:11:02] Speaker 1: all right thank you thank you mr sanardi all right mr petridis on behalf of mr chance [00:11:14] Speaker 5: thank you your honor we followed a motion for new trial and not to belabor what's in there the argument is simply that this the verdict rust on a chain of impermissibly stacked inferences and there was not direct evidence presented that mr chance knew his co-defendant intended to murder mr jones that he intended mr jones to be killed or that his acts were specifically designed to occur um assist or encourage the murder and therefore there wasn't enough evidence under florida law to sustain the first degree murder conviction or conspiracy to commit murder conviction [00:11:47] Speaker 1: thank you thank you all right uh mr hardy um what's your response first to mr gathwright's um the motion for a judgment of acquittal is to count six the tampering charge judge we did review um that [00:12:01] Speaker 6: case law that he cited as authority in his motion as well and judge those cases are clearly distinct distinguishable by um to the facts presently in front of the court one of them was a corpus case we literally have the defendant on video where he is seen actually wiping down the fingerprints all of the rest of the cases went towards knowledge intent that that physical act was actually done and proof of that and judge there is circumstantial evidence in this case that is overwhelming this is a case where the manner in which the homicide occurred um was at a hotel a public spot where um three armed gunman gunmen used high-powered assault rifles and a glock with a switch that was automated to be able to fire rapidly and unloaded in a public parking lot and this was the victim in this case there's ample evidence that they knew who they were targeting they knew the high profile nature of the victim and so judge the law requires for tampering that they knew or should have known that a investigation by law enforcement was going to occur there is no argument that they can make based on the circumstantial nature the manner in which they committed this crime to suggest to this court that he did not know that a law enforcement investigation was about to be instituted and the um actions that were done with both of the vehicles that were used in this case clearly were removed from the state of florida and where they live in jacksonville and where they would be investigated they were removed from that city they were hidden that car was hidden at his grandmother's house the day of the homicide when the homicide occurred he brought it and he switched vehicles and switched contents that was contained within the suspect murder vehicle and put it into another vehicle judge based on the facts and the circumstances in this case we believe that there is enough facts and evidence to support that he knew that a high profile investigation homicide investigation would occur there was all the phone evidence from his phone that showed his activity immediately after this crime so he certainly knew that they were successful in killing a high profile rap artist so based on that and the fact there is no corpus issue in this particular case he literally is seen wiping it down on a video so based on all of that evidence we would ask that you deny the defendant's motion [00:14:41] Speaker 1: okay and do you have any further argument on any of the defendant's motions for neutral your honor we [00:14:46] Speaker 6: would rely on all our previous written arguments as well as oral arguments that were made in pretrial motions and during the course of the trial any weight arguments or insufficient evidence we believe is without merit the facts and evidence in this case were overwhelming there was a mountain of case not only circumstantial evidence there was direct evidence of each and every one of the defendants participation in this case as well as the actual crime itself was caught on video so we would rely on all of our prior [00:15:21] Speaker 1: arguments written in world okay thank you all right uh so i will deny uh sean gathright's motion for judgment of acquittal as to count six and deny all of the defendant's motions for new trial all right um state are you going to call any witnesses or does anyone want to speak before [00:15:43] Speaker 6: sentencing judge we did talk to our victim assistant advocate um and um the victim's mother did not wish to address the court again she did read a victim impact i believe for alicia andrews trial as well as there was a statement that was read to the jury um she is aware that the sentences of this case for the homicide is going to be a life sentence we also did contact um the other victims in this case and they do not wish to be present or heard they are aware also what the [00:16:13] Speaker 1: sentence is going to be all right and so let's just go through um each of the defendants let's start with mr chance so on the first degree murder it's mandatory life correct yes and are there any minimum mandatories that apply not with regards to isaiah okay and then on the conspiracy um to commit first [00:16:36] Speaker 6: degree murder is that also mandatory life um judge that is a life offense and i do not believe that is a mandatory offense and we have provided a score sheet on all of the defendants for the um offenses that were not the first degree murder charge okay so it's up to life on the [00:16:55] Speaker 1: on the conspiracy correct and what is the state requesting judge we are asking for a life sentence [00:17:00] Speaker 6: maximum sentences on all of the non-life offenses to run concurrent or consecutive judge we would ask for [00:17:09] Speaker 1: them to run concurrent okay moving on to sean gathright um as to the first degree premeditated murder mandatory life and are there any mid-man's that apply to him judge there are minimum [00:17:26] Speaker 6: mandatories that apply to him there is a 25 year minimum mandatory for um discharging i'm sorry 20 year it's just um discharging a firearm we did not allege resulting in death [00:17:39] Speaker 1: okay so that would be on count one and then on the conspiracy [00:17:43] Speaker 6: um you're also asking for life correct you're honored for him it's a first degree felony um because he did not have a gang enhancement so for that it would be for 30 years with regards to sean gathright for the conspiracy to commit first degree murder okay and then with regards to each of [00:18:05] Speaker 1: the attempted murders in the second degree are there any mid-mans that apply to those judge for the [00:18:11] Speaker 6: attempted second degrees there are minimum mandatory for the firearm again enhancements and again those [00:18:19] Speaker 1: are 20 year minimum mandatory and the statutory max is what and what are you asking for for the attempted [00:18:27] Speaker 6: second degree um murders for sean gathright those are first degree felonies so we would be asking for 40 years for a state prison on each one of those packs and then on the tampering what are you asking [00:18:41] Speaker 1: for for five years for the state prison during concurrent or all to run concurrent yes all right as to davion murphy the first degree murders mandatory life are there any mid-mans that apply to him yes he also [00:18:58] Speaker 6: has a 20-year minimum mandatory for a firearm enhancement all right and then you're asking for life on the [00:19:05] Speaker 1: conspiracy yes and then on the attempted murders in the second degree are there also 20-year mid-mans on those there are for him yes and then you're asking for um 30 we're asking for a life sentence he [00:19:19] Speaker 6: actually did raise to a life sentence because of his bank enhancement okay [00:19:35] Speaker 1: for the second degrees no um she's what she's saying is the jury found a gang enhancement so it gets bumped up okay um because it says it says second degree felony that what the clerk was asking me it says second degree felony on the docket but you're saying because of the gang membership that bumps him up to [00:19:57] Speaker 6: life yes your honor okay and the firearm enhancement i see that apply to him [00:20:03] Speaker 1: okay all right and you're asking for those to run concurrent yes and then as to rashad murphy on count one it's mandatory life and is that also a 20-year mid-man yes and then on the conspiracy you're asking for life correct yes your honor and then um are there 20-year mid-mans on the attempted [00:20:24] Speaker 6: murders on all of those counts yes sir and mr rashad murphy there were jury findings for the firearm [00:20:29] Speaker 1: and due to the gang enhancements is he also looking at life on those he is and that's what you're asking for yes your honor okay um does anyone disagree that those are the maximum penalties and minimum mandatories that apply for each of the defendants okay okay all right very good um anything else you'd like to say prior to sentencing yeah your honor okay all right um mr gonzalez anything else that you or your client would like to say prior to sentencing or any other individuals that would like to speak nothing further okay uh mr wise anything further from your client or from anyone else [00:21:25] Speaker 3: uh mr gonzalez uh would like to address the court sure they would like to address the court as well yes your honor sure sure they both testify to criminal base but that would be lisa gaff right [00:21:41] Speaker 1: okay um whoever wants to speak first come on up um just never stand in front of the podium that's fine [00:22:04] Speaker 7: good morning good morning good morning afternoon actually oh yeah thank you for allowing me to address the court um i'd like to say that this this everything has really um opened and brought a lot of attention to a lot of things that are going on in in the community and in the neighborhood um of jacksonville and also elsewhere we have received a lot of support a lot of comments about people who've learned a lot about the judicial process throughout this which i think is very very important and also has sparked a lot of conversation in regards to parents communicating with their children and um letting people realize that just it doesn't matter uh what your situation is you never know what can happen in life and and where you can find yourself and i think uh with this trial being televised and and with a lot of uh uh what do you call it controversy and attention um it's really it's really sparked a lot of conversation throughout the community and brought a lot of awareness and um it i i hope that this will change uh a lot of things in people's lives and uh change their minds and and opinions and um as a retired member of the military i've always been one who has um strictly believed in in the rule of law and right and wrong and i've i've learned a lot all i can say is i've learned a lot and uh about the how the process goes and thank you for allowing me [00:23:57] Speaker 1: sure miss lyle and i just want to tell you um and i you know you've been a very devoted mother to your son i can tell you've been here throughout the trial and he's very fortunate to have you um as his mother um and i know your heart is broken i know it is because it's your child and i i do have sympathy for that and for you i really do i'm i'm very sorry for you and for your family that this is where you find yourself um but your your attitude and what you're taking away from it um i hope as well for the community's sake that there is some change because this this can't go on this this tragedy just cannot go on so um i thank you for your comments okay thank you thank you um and miss gathray do you want to say something come on up [00:25:03] Speaker 8: i do want to thank you for allowing me to address the court this tragic event occurred when sean was barely 18 years old and this is a time when the prefrontal cortex of the brain is not fully developed this development doesn't complete itself until they're at least 25 and this is the area of the brain that controls impulses and risky behavior is part of the immature brain they have a heightened drive for risky behavior logic is logic is impulsions and impulses are their first priority and logic is the second one and i know that sean made a mistake but i really believe that the punishment is too severe [00:25:56] Speaker 1: shot [00:26:00] Speaker 8: i know it's hard this is a bright young man and given the opportunity i believe he can make an outstanding role model for younger people he's a strong christian and he is liked by his peers as well as adults this one event should not define the rest of his life thank you thank you thank you [00:26:29] Speaker 1: all right um and mr gathray do you wish to say something yes ma'am okay [00:26:45] Speaker 9: i just thank you once again for allowing me the opportunity um i prepared just a little something um i worked kind of thoughtfully on pretty thoughtfully on it so i just ask that you allow your discretion for me to yeah no go ahead thank you as long as it's respectful yes ma'am all right here we are being sentenced for the murder of charles jones on the day he was killed two years later now some may say this is just a coincidence but i believe that nothing has been is or ever will be left up to chance and that everything in this world is predestined and there are many biblical promises of that belief holding true jeremiah 1 5 says before you were formed in the womb i knew you before you were born i set you apart jeremiah 29 11 says i know the plans i have for you plans for good and not for disaster and romans 8 28 says we know all things work together for good to those who love god and are called to his purpose and there are many more just like them god has full sovereignty over our lives he chooses our times of peace and prosperity our times of joy and laughter but he also chooses our traumas and our tribulations not to punish and tear us apart but to strengthen our character and our faith everyone wonders how and why i ended up in a situation like this despite growing up with a loving family nice home multiple opportunities and promising potential some act as if is it impossible or unheard of for someone like me to find themselves in a situation like this but in reality it is much more common than we think has been happening long before today there is a parable jesus shared with the world called the prodigal son a son who had the nice home loving family servants he had his every need catered to yet he still chose to take his inheritance and venture off to a far country where he indulged in prodigal living he soon ran out of money and a famine had struck the land he was in and while that would have been enough signs for most to turn back his eyes still hadn't opened and he still hadn't come to his senses hungry and desperate he found a job on the farm feeding pigs and during these times pigs and what they were fed were deemed as the filthiest most impure lowest of the low and worst of the worst but he was so hungry and so blind that the food he fed the pigs looked appetizing that's when he finally came to his senses he realized that even the servants back home had enough food to spare yet here he is dying of hunger amongst pigs after this eye-opening experience he decided to return home he was ashamed and planned to go to his father to ask for forgiveness and to become one of his servants because he no longer felt worthy to be called his son but when he returned his father embraced him with love and compassion dressed him in the finest clothes and jewels and celebrated his son's return with a feast exclaiming this son of mine was dead and has come back to life he was lost and is now found it is not uncommon for good young men who come from good families to get lost in this world but is but discontentment often leads these gun young good young men astray when scholars and historians look back on our times i believe they will label us as the age of discontentment and those of us who come from privileged upbringings are actually disadvantaged to the fight against it because of the high expectations many opportunities and options we grow up with we don't know what struggle looks like or how hard our parents had to work to provide these opportunities for us we don't know what we have until it's gone and it often happens after we go through our own eye-opening experience never in history has there been a time like now where there is so much available and so easy to consume but we still demand more and it is clearly seen in my generation young men and women want to grow up faster to try to keep up with the influencers that are idolized and this is in part due to us being so susceptible a study done by the national institute of mental health provided evidence showing that the brain doesn't reach full maturity until 26 to 27 years old for men about eight or nine years older than my time during the offense but society knows this and that's why laws set age requirements on certain activities amenities and substances as a way to protect adolescent adults yet those same laws don't extend to an adolescent adult when they are charged with crimes and allows them to be prosecuted to the fullest extent regardless of their age your honor it is heartbreaking that an 18 year old can't rent a car or a hotel or buy a home but can be sentenced to death or life in prison without the possibility of parole they can't purchase alcohol or tobacco but can be sentenced to death or life in prison without the possibility of parole they can't work certain jobs or even go on a cruise without a chaperone but can be sentenced to death without life or life without prison without in prison without possibility of parole and i'm a prime example of these circumstances at 18 years old with no prior convictions i was charged indicted and had to face the death penalty my point is society views anyone under the age of 21 is not being mentally mature enough to participate or partake in these activities amenities and substances because certain substances listed can negatively impact or stump the growth of a developing brain while other activities and amenities have restrictions due to the lack of impulse and behavioral control or lack of situational wellness at times with teens it is very simple to understand that our brains have not developed enough that we live in a society where someone under the age of 21 can be sentenced to death or life in prison without parole leave no room for growth rehabilitation or redemption we don't account for the fact that they were a fully developed adult and the judgment and decision making abilities weren't developed either i believe it is cruel for someone under the age of 21 to be sentenced to life without parole or death before they're even old enough to be fully emancipated or to fully comprehend what consequences their actions carry i say all this because i want to see change change for those whose fates were sealed long before they were born change for the prodigal sons and daughters who ventured off too far in the world and got lost change for those who haven't reached full maturity or unlocked their full potential as adults change for the ones who never had the option to go around over or underneath or straight through their obstacles in spite of my current circumstances i still trust in all those biblical promises i believe that i am exactly where god planned for me to be a plan he created long before i was born it is also my belief that this chapter of my life will propel me to a much greater purpose than what we see here today because my journey has just begun thank you thank you mr gathright all right um [00:34:26] Speaker 1: does uh davion murphy wish to say anything or anyone on his behalf he's indicating no okay mr davion murphy has no comments okay and mr petrade on behalf of mr chance does he wish to say anything no no no no i've moved on and mr portrayed us behind you i'm sorry okay sure come on up again as long as it's respectful [00:35:10] Speaker ?: uh uh uh uh [00:35:36] Speaker 10: sorry i'm kind of nervous [00:35:49] Speaker 5: uh [00:36:02] Speaker ?: um [00:36:02] Speaker 10: sorry just what i did right what i did right what i did right sean kind of covered like uh [00:36:15] Speaker ?: uh [00:36:15] Speaker 10: predominantly what i did right okay and my lawyer just told me i couldn't talk about a lot of things so [00:36:24] Speaker 1: well you just need to be careful if you start talking about the facts of the case you could end up creating more evidence against you so that's probably his concern so um i just want you to be aware of that but even if you're repeating what mr gathright said you still have the right to say it so i don't want you to feel that you can't talk just because mr gathright already said it okay [00:36:52] Speaker 10: all right i don't sorry i don't even have or know the right words to say that can rectify the intense severity of how i am situated currently corresponding to my sentence right now i don't think anyone with a reasonable mind frame could adjust their conscience to the reality of something just absurd especially being this young this is harder than what i intended i'm gonna be honest i feel like our appearances here were more political based and solely on our 6th and 14th amendment which guarantees our right to a fair trial with a impartial jury for each defendant being that i'm not gonna say [00:37:43] Speaker 1: um i wanted to say something to you directly no that's fine and you're you're more than welcome to disagree with any way i may have ruled in the case um you just can't um yeah yeah you don't need to repeat the facts but you know you just can't be rude to me that's all i'm asking you can you can express disagreement i have thick skin and they'll be in the pellet review of everything i did but just don't be disrespectful because then i'm gonna have to tell you to sit down and it becomes a thing [00:38:18] Speaker 10: so let's just not have a thing yes ma'am all right okay so thank you you all right so judge sisco unlike the rest of my co-defendants here they all are charged with being the alleged shooters and have the same verdicts however me on the other hand the one who was charged with me for playing the same hilarious role as i gets found not guilty for what i am charged with halisha case didn't contradict the hilarious shooter versus versus the state case i don't even think it's possible it could have however it contradicts minds being the only principle here because both of our jury's decisions contradicts each other the only nuance is i want to try with three other people who have the same verdict as i and she didn't at least you get found not guilty for my current charge it wasn't a coincidence basically what i'm saying is halisha in the state hilarious that we played oh that's getting [00:39:20] Speaker 1: into like the facts about the case well that's okay if i'm hearing you correctly you um are taking issue with the fact that you're i don't know if she's your current or former girlfriend but she went to trial she was convicted of a manslaughter and got 15 years and now you're here facing life and that i would [00:39:39] Speaker 10: assume that seems unjust to you is that that's that's that's that's yeah that's highly unjust um i seen suzy uh lopez on the news this morning and she was saying that uh justice has been served absolutely if you see it from that person from that perspective um but everything that's a perspective is based on perception so if you say that that's justice okay but when you look at if you put me and alicia up on like side by side like that's like this like that's like that's like that's unjust like like it's injustice like it doesn't make sense like it's contrary to my verdict like her jury made their decision my jury made well our jury made their decision but it contradicts like both of our verdicts the only difference is like i went to try with my co-defendants and she wanted to try it by herself so i feel like personally i got guilt more so by association than like participation um that's all i really wanted to say um judge it's all right because this is way more harder than uh [00:40:56] Speaker 1: i anticipated but that's all i don't think sure sure and you probably know when mr andrews went to trial [00:41:04] Speaker 10: she basically pinned it all on you absolutely yeah i don't know um you know when as i sit with my lawyer like he's very like he's he's probably shipping over that because he don't know what right right he's very concerned definitely um you're a lot of people don't know but before you go to trial um you try to be optimistic um but everything is done strategically so how the lawyers optimize what they're gonna say or what they're gonna do they do it with the client you know i'm not saying what she's saying was wrong or not wrong or what or what he wanted her to say or what or what she said you know but uh that's all um i want to say something to like jacksonville though too so to my city man it ain't worth it boy like it ain't worth it like me being a rapper from my city and foolio being a rapper from our city it ain't worth it like my mouth getting dry sorry like the dissing the beefing the beefing the shooting like for what like for what like when you sitting in your cell alone cold it's lonely and hell not good um everybody leave you like nobody here for you like the ones the ones that's your ride or die your girlfriends whoever you love the only person that for you is your mother and maybe like one friend maybe but it ain't worth it though bro it ain't worth it i was 21 years old facing the death penalty i never ever the only my only interactions with law enforcement was traffic tickets wake up next morning i'm facing the death penalty that's how quick life and change it ain't worth it bro that's all i'm sorry if i was nervous sorry no it's okay mr chance and thank you for [00:43:25] Speaker 1: saying that yes [00:43:31] Speaker 4: the honor mr davion murphy has changed his body doesn't want to make a brief statement sure [00:43:37] Speaker 1: yeah yeah go ahead what would you like to say mr murphy [00:43:41] Speaker 11: i'm sorry judge i'm sorry you know you may have to step up to the podium because the um [00:43:55] Speaker 1: the poor reporter just needs to hear what you're saying mr murphy [00:44:09] Speaker 12: as i was saying uh you look different from up here to god be the glory all the time and he'll forever have a last social and our situation as i said in my interrogation interview i'll be judged for and i'll forever retain my innocence and i just want to say to the gen z generation change your life and do something productive with your life because and it's predicting me it ain't worth it and uh like like like it was said before this it's not my first rodeo down this road so it's this it's looking like forever but i felt to keep a positive mind state and a positive mindset but to god be glory forever and [00:45:10] Speaker 1: that's it thank you miss murphy all right mr rashad murphy anything you want to say or at all you don't have to just giving you the final [00:45:23] Speaker 3: chance i love i love everybody okay okay all right very good all right [00:45:34] Speaker 1: so a couple things um before i pass sentence um first of all i want to commend the lawyers again i know i did it at the close of the trial but um this was a massive case i mean it's by far the the longest case the most intricate case the most difficult case that i've ever handled in almost 24 years um and i know for you all as well it had to have been um i can't even imagine the herculean task of all the evidence and sorting through it um and you all always conducted yourselves with the utmost professionalism um and i just want to again express my gratitude for that how seriously everyone took the case i never ever have to worry about any of the lawyers before me ever not abiding by the rules of professional conduct i never have to worry about you being disrespectful to me or to witnesses or to each other i never have to worry about the attorneys misleading me on the law um and it's rare that that happens but when it does and it has happened um recently it does make me very grateful for lawyers that know what they're doing and that that practice with the utmost professionalism so i do want to just thank you all for that so much i also want to comment about law enforcement's work um i don't know if detective ramos is here i don't see him here um that was one heck of a job i mean that was unbelievable i mean i've seen a lot of good homicide detectives testify over the years from tpd or hcso that was remarkable and particularly in line of the fact that it was his first time as a lead detective i mean and he had an encyclopedic knowledge of this case i mean it was in it i'm talking about massive amounts of information that he could recall instantly and not every law enforcement agency and not every homicide detective solves this case not everyone does but he did i mean he was tenacious and thorough and so impressive and um if i were at tpd i'd give him some kind of award for the job that he did because it was really really good he made the whole agency look good um i also want to comment detective taylor klein also who had the um foresight to go pull that video from the mcdonald's um which was a key part of evidence in this case and really the cooperation amongst law enforcement in the state of florida it's really remarkable i want to commend the jacksonville sheriff's office the gang unit i think it's a 12 member unit and just based upon what i know anecdotally about the situation in gainesville excuse me jacksonville i don't know that it has improved but a 12 gang unit just doing their best to deal with all of the gang violence in that community that a lot is asked of them and specifically i want to note detective nader and detective drayback um they again you know worked tirelessly on this case they worked hand in glove with the detective ramos and again detective drayback having the wherewithal to know to go into the walmart and pull the video like that that's good old-fashioned detective work that really yielded results for the state of florida i also want to commend the cooperation with the pole county sheriff's office the gwinnett county police department and i believe it was at putnam county that found the um that provided the telephone for darius beals was that the clay county clay county sheriff's office i mean it really is remarkable and again in not every state in the united states of america do you have agencies that work that well together with the with a common goal so i mean that part of it was just very very very very impressive um you know i i really don't know what to say about what's going on in jacksonville again and i don't know if it's getting better or not but i was stunned and when i was sitting there listening to the evidence and just the trail of dead bodies just one young man after the next just cut down in the prime of their lives i mean it's shocking it is shocking and i i just can't believe that any community if they're made aware of it will stand by and put up with that i mean it's just tragic and you know mr jones did not deserve to die for what he did or what he drilled what he the drill rap videos he made but goodness gracious going and desecrating the gravesite of a murdered relative is you don't deserve to be killed for that but you just increased your odds that it was going to happen and that's the truth that is the truth so i'm not at all again stating that he deserved it but um it's just shocking it's shocking to me and i do have great sympathy for the defendants you all for the most part are young men and some of you have children um and now for what for what now you're looking at life in prison and what was it for and i really appreciate mr gathright and mr chance really speaking to your community like these decisions that are made can have unalterable changes that you can't come back from there's no coming back from them you either end up dead or incarcerated for life and i i feel like you know you gentlemen had much more to offer this world you did and you do and so um in particular you know mr rashad murphy and davion murphy listen there's no question you guys had a difficult childhood there is no question the the hand that you were dealt from jump street was not the best there is no question about that again it's not an excuse but i do acknowledge it um mr chance and mr gathright you all you all unlike miss the murphy's you all did have positive role models in your life mr chance you had a a dad that testified and appeared to be a good role model and a stepfather that cared about you and mr gathright you as you acknowledged you had um so many opportunities that most people don't have i mean you started off your your your the hand that you were dealt the cards that you were dealt were pretty good they were pretty darn good better than the average person so it's particularly hard i am heartbroken for you i'm heartbroken for your family members i'm heartbroken for your children um i am so i do have great sympathy but you have been convicted and it was a horrible crime that was committed and there is a price to be paid and there's just no way around that um i do i'm i do find it remarkable and i hope that you can maintain your positive outlook each of you still have has a life of value and going forward the quality of the life that you had have every day will come down to the choices you make and so i hope that you continue to make choices then you realize you do have value and you can contribute and you started today by speaking to the members of your community particularly the younger men that this is not the way to go it's not it's not because look we have charles jones is dead and four people who will now spend life in prison and again all for what for what nothing over nothing turf warfare drill rap videos i mean it really is nothing so i one thing i found that was when i was listening to the testimony i think when robert howard testified he testified that jacksonville was the new little chicago and i almost fell out of my chair because i can't even imagine anyone in jacksonville wanting that comparison so i was curious i looked it up and who knows if this is accurate but apparently in chicago last year there were 406 homicides a quarter of that was gang related that's a hundred about 104 people dead poof gone gone for what for what so um i just want you all to know that and i really do hope that at least in the community of jacksonville that there are serious changes i don't know why the scourge of gang violence has cropped up i don't i have no idea i really am not familiar with jacksonville i don't know the whys but um i hope that the community does come together to end it because jacksonville just can't keep losing so many young men cut down in the prime of their lives can't can't do it continue doing it so okay anything further before i pronounce um sentence all right so um mr chance i'm going to start first i'm going to adjudicate you guilty count one sentence you to uh mandatory life without the possibility of parole count two i will adjudicate you guilty sentence you to life to run concurrent with count one mr gathright on count one i will adjudicate you guilty sentence you to life without the possibility of parole you also have a 20-year minimum mandatory sentence on count two the conspiracy i will sentence you to 30 years in prison to run concurrent count three attempted murder in the second degree i will sentence you to 30 years florida state prison with a 20-year minimum mandatory sentence again to run concurrent with all other counts on count four attempted murder in the second degree adjudicates you guilty and sentence you to 30 years prison with a 20-year minimum mandatory sentence again to run concurrent with all other counts count five adjudicates you guilty sentence you to 30 years florida state prison with a 20-year minimum mandatory sentence again to run concurrent with all other counts and on count six adjudicates you guilty sentence you to five years florida state prison again to run concurrent and again for you and mr chance give me credit for all time served as to debian murphy mr debian murphy um i will adjudicate you guilty of first degree premeditated murder sentence you to life in prison without the possibility of parole and you will have a 20-year minimum mandatory um sentence as part of the life sentence count two on the conspiracy adjudicate you guilty sentence you to life to run concurrent on the attempted murders counts three four and five i will adjudicate you guilty of each of those sentence you to life in prison with a 20-year minimum mandatory sentence on each again to run concurrent with all of the other counts and again giving you credit for all time served and finally mr rashad murphy i will adjudicate you guilty of murder in the first degree sentence you to life in prison without the possibility of parole and you will also receive a 20-year minimum mandatory sentence on count two conspiracy adjudicate you guilty sentence you to life in prison to run concurrent with count one on counts three four and five i will adjudicate you guilty on each of those sentence you to life in prison each of those carries a 20-year minimum mandatory again to run concurrent with all other counts and giving you credit for all time served all right anything further i do wish you gentlemen the best i really do to make the most of your lives going forward and you do have 30 days to appeal the judgment and sentence of this court all right thank you all we're