SENTENCING: Fishing Trip Murder Trial — FL v. Tony ’TJ' Wiggins

[00:00:00] Speaker ?: Thank you. Thank you. Thank you. Thank you. [00:02:00] Speaker 1: Thank you. [00:02:30] Speaker ?: Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. [00:38:00] Speaker 2: Thank you. [00:38:02] Speaker ?: Good morning, everyone. [00:38:02] Speaker 2: We're here on State v. Wiggins. That's case number 20 CF-6, excuse me, 5654. Mr. Wiggins is correct. State is ready? State's ready. [00:38:14] Speaker 3: And the defense is ready? [00:38:15] Speaker 2: Yes, sir. All right. As far as the imposition of the sentence, is there any reason why sentence cannot be imposed today, defense? No, sir, Your Honor. All right. It's my understanding the state has witnesses next of kin that wish to be heard. [00:38:32] Speaker 3: Yes, Your Honor. [00:38:33] Speaker 2: All right. Here's the plan. I'll hear from the state and I'll hear from the defense. Obviously, Mr. Wiggins has the right to say something. He does not have to. Um, it's not my intent to swear anybody, uh, uh, for, for the victim impact testimony, nor the defendant if he chooses to, to speak. Um, and then I'll address the, um, charges. The defender was previously, uh, adjudicated guilty of count one, count two, count three, as charged. Uh, he's not entitled to his score sheet guidelines. He's not entitled to pre-sentence investigation report. Um, the, be my intent as far as any and all financial obligations, those will be reduced to judgment lien. Um, I need to know from the state if there's any restitution, any additional cost prosecution, any investigative costs in due time. So, as far as the testimony, victim impact, um, next of kin when the state is ready. Thank you. [00:39:34] Speaker 3: State calls Davy Payton. Come on up here, ma'am. [00:39:50] Speaker 2: Good morning, ma'am. If you'll just give us, uh, your full name and spell your last name and, um, state may have some questions for you. [00:39:57] Dottie Payton: Dottie Payton, P-A-Y-T-O-N. [00:40:00] Speaker 2: Mr. Guevara, when you're ready, sir. Good morning. [00:40:03] Speaker 3: Good morning. [00:40:04] Dottie Payton: You are related to? [00:40:06] Speaker 3: Brandon Rollins. [00:40:07] Dottie Payton: His mom. You're his mom. [00:40:09] Speaker 3: And you prepared a statement that you'd like to read to the court this morning? I did. Yes, ma'am. Yes, ma'am. [00:40:18] Dottie Payton: T.J., on Monday, the jurors spared you from the death penalty for the reason they knew you would be sitting on death row for 30 to 40 years. Well, guess what? For that execution, we'll be probably done gone and joining Brandon by that time. But I want you to know, I hope every guard, deputy, inmate that you come in contact in prison, their name is Brandon. So you can remember that name for the rest of your life because you murdered my son. I don't have the opportunity to be able to say his name, do anything with him or anything at all. Although the jurors have say so, I want you to know that God has the last say so. You see this picture here? I want you to remember it because that was my son that you murdered. Get a good, close look at it. [00:41:17] Speaker 3: Thank you, ma'am. This date calls Elizabeth Tillman. [00:41:31] Speaker 2: Good morning, ma'am. Good morning. If you'll just give us your full name and spell your last name for the record. Elizabeth Tillman, T-I-L-L-M-A-M. [00:41:37] Elizabeth Tillman: Thank you. Good morning. Good morning. [00:41:40] Speaker ?: Good morning. [00:41:41] Speaker 3: And how are you related? Damien is my son. I am his mother. And you prepared a statement to read to the court this morning? Yes. Will you please go ahead? [00:41:47] Elizabeth Tillman: Thank you. T.J., if you would have met my son, I would have met my son. [00:41:51] Speaker 3: You prepared a statement to read to the court this morning? Yes. Yes. Will you please go ahead? [00:41:57] Elizabeth Tillman: Thank you. T.J., if you would have met my son, he would have gave you the shirt off his back. If this was because of the motor, he would have gave it back to you for his life. You took a piece of my family away that I would never have here on earth with me. Yes, I will see my son again in heaven. But I'm hoping you remember what you have done for the rest of your life. This is my son. But this is my son. And I will love him forever. The reason I'm here today is because my other family members can't be here because it has affected their health. So just realize what you have done. And I hope you remember his name for the rest of your life. [00:42:48] Speaker ?: Good morning, sir. Good morning. You are Michael Smith? Yes, sir. [00:42:52] Speaker 3: Common Spelling? Yes, sir. Common Spelling? [00:42:55] Speaker ?: Yes, sir. Okay. State? Good morning. Good morning. And how are you related? Brother-in-law. [00:43:02] Speaker 2: And to who? Kevin. Kevin Smith? [00:43:05] Speaker ?: Yep. [00:43:05] Speaker 2: And you prepared a statement you'd like to make to the court this morning? Somewhat, yes, sir. Thank you. [00:43:08] Speaker 3: You know, on July 17th, the Cowardly Act of killing three guys over a motor was senseless. There's no sense in killing somebody or a woman. You know, you're not going to do that. I'm not going to do that. [00:43:23] Speaker 6: I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do it. [00:43:45] Speaker ?: I'm not going to do it. [00:43:46] Speaker 6: I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. [00:44:02] Speaker 3: I'm not going to do it. I'm not going to do it. [00:44:04] Speaker 2: I'm not going to do it. I'm not going to do it. [00:44:06] Speaker ?: I'm not going to do it. I'm not going to do it. [00:44:08] Speaker 2: I'm not going to do it. I'm not going to do it. [00:44:10] Speaker ?: I'm not going to do it. [00:44:11] Speaker 2: I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. [00:44:15] Speaker ?: I'm not going to do it. [00:44:16] Speaker 2: I'm not going to do it. I'm not going to do it. I'm not going to do it. [00:44:19] Speaker ?: I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. I'm not going to do it. [00:45:34] Speaker 3: You're on the state. There's no other witnesses. [00:45:36] Speaker ?: I'm not going to do it. Or a speaker. [00:45:38] Speaker 2: Anything by way of witnesses or testimony from the defense? No, sir. Does your client wish to say anything? No, sir. [00:45:52] Speaker ?: Do I give an apology? No. [00:45:54] Speaker 2: I'm sorry. [00:45:55] Speaker ?: I'm sorry. I'm sorry. All right. [00:45:58] Speaker 2: I sat through the trial, and shortly before the trial, there were some evidentiary matters. They were litigated in court. Sat through those. I became very familiar with the facts and circumstances of this case. And the facts and the testimony from witnesses to include the medical examiner revealed that Mr. Tillman was shot four times, Mr. Springfield was shot two times, Mr. Rollins was shot three times, and there were ten bullets that were used. The men and the men who were shot three times were shot three times, and they were shot three times, and they were shot three times. They were shot three times, and they were shot three times, and they were shot three times, and they were shot three times. So for count three, you have been, as previously indicated, adjudicated guilty of those counts. There's only one sentence you can get as far as this court is concerned and as far as the law. For count three, he sentenced to life in prison without the possibility of parole. Count two, life in prison without the possibility of parole. For whatever that's worth, those to run consecutive with one another. The financial obligations are as follows. Those will be reduced to judgment lane. And Luis, let me know if I missed anything. Let me check with the state. Any restitution in this case? No, Your Honor. Any investigative costs? No, Your Honor. Any additional cost prosecution? No, Your Honor. All right. Court costs, $518. Fines, $525. Luis, anything else? Yes, and that's $150 for the appointment of counsel. And $50 into the application fee, once again, those will be reduced to judgment lane. Ms. Wise and Ms. Toomey are directed to file a notice to appeal within 30 days. And I will appoint the officer of the public defender to represent you. You always can hire a lawyer if you want to, and if you do not need the assistance of the public defender's office, they're appointed, but they will gladly step aside if they're not needed. State anything else? [00:49:08] Speaker ?: No, Your Honor. [00:49:08] Speaker 3: No, Your Honor. [00:49:10] Speaker 2: Defense? [00:49:11] Speaker 3: No, Your Honor. [00:49:12] Speaker 2: All right. Don't forget that notice to appeal to be filed within 30 days. Mr. Wiggins, good luck to you, sir. [00:49:18] Speaker 3: Thank you. [00:49:48] Speaker 1: All right, guys. Take care. [00:50:18] Speaker ?: Take care. Take care. Take care.